Agenda of General Meeting

Date Lodged	Councillor/Designated Person (Position)	Reason for Lodgement
18 March 2016	Environmental Compliance Officer	Resignation
21 March 2016	Procurement Manager	Resignation
28 April 2016	Town Planner	Resignation
29 April 2016	Environmental Compliance Officer	New Employee

Group Manager’s Report No. PL26/16

Planning Division

Date of Meeting: 11/05/2016

7 DEVELOPMENT APPLICATION - ADDITIONS TO AN EXISTING EDUCATIONAL ESTABLISHMENT - 9-15 QUARRY ROAD, DURAL

EXECUTIVE SUMMARY

DA No:	DA/1497/2015 (Lodged on 13 November 2015)
Description:	Construction of a three storey addition to an existing senior school building, Pacific Hills Christian School
Property:	Lot 1 DP 107960, Nos. 9-15 Quarry Road, Dural
Applicant:	Pacific Hills Christian Education Ltd
Owner:	Pacific Hills Christian Education Ltd
Estimated Value:	$2,267,000
Ward:	A

· The application involves construction of a three storey addition to an existing senior school building.

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

· Nineteen 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.

RECOMMENDATION

THAT Development Application No. DA/1497/2015 for additions to an existing senior school building within Pacific Hills Christian School at Lot 1 DP 107960, Nos. 9 - 15 Quarry Road, Dural be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL26/16.

BACKGROUND

The school has been in operation since 1983 at Nos. 9-15 Quarry Road, Dural. There have been numerous development applications relating to alterations and additions to the school as follows:

On 23 March 1982, DA/137/1982 was approved for the establishment of a school for 400 students.

On 26 October 1994, DA/219/1994 was approved for a four stage expansion of the school (stage 1 - 826 students, stage 2 - 980 students, stage 3 – 1190 students and stage 4 - 360 students), including church services and sporting events.

On 18 December 2002, DA/1520/2002 was approved for demolition of an existing building/attached garage, removal of two shade structures and construction of new permanent junior school accommodation. A condition 3B of consent limits student enrolments as follows: 1324 students for Year 2003, 1350 students for Year 2004 and a maximum of 1360 students thereafter.

A pre-lodgement meeting (PL/119/2015) was held on 21 October 2015 for additions to the senior school building on the subject site.

A separate development application (DA/1467/2015) has been lodged for subdivision involving a boundary adjustment of three allotments at Nos. 7, 7A and 9-15 Quarry Road, Dural. Consideration of this application has been undertaken in Group Manager’s Report PL27/16 which is on the Agenda for consideration by Council at its meeting on 11 May 2016.

SITE

The site comprises an irregular shaped allotment with an area of 9.029ha and is located on northern side of Quarry Road, Dural. An educational establishment (Pacific Hills Christian School) exists on the subject site comprising of a variety of permanent and temporary buildings including a multi-purpose centre, administration buildings, classrooms and subject senior school building. In addition to these structures there are recreational facilities comprising basketball courts, playing fields and cricket practice areas.

The site also contains a dam and a macro pond for the purposes of managing the quality and quantity of stormwater runoff from the site.

The surrounding locality is predominately semi-rural in character, comprising of rural residential developments and agricultural. Dural Business Centre is located approximately 400m west of the subject site.

There is a 38 metre fall towards the northern boundary of the site.

Remnant native bushland is located towards the northern part of the site. Tunks Creek traverses the north-west boundary of the site.

The subject site is located within bushfire prone land.

PROPOSAL

The application proposes construction of a three storey addition to the existing senior school building towards the centre of the subject site.

The addition would be located to the immediate north of the existing senior school building and connect to the senior school by the existing veranda/balcony.

The proposed addition would comprise of:

· 2 x research labs and a general learning area on the lower ground floor;

· A fitness centre and general learning area, toilets, change room and storage facilities on the ground floor; and

· Four general learning areas on the first floor.

The application does not propose to increase existing student numbers. The application states that the proposed works are in response to the demand for improved senior school facilities and accommodation arising from overcrowding of the existing facilities. The application further states that no changes are proposed to the existing access and parking arrangement on the site, as a result of the proposed works.

To enable the site to be accessed by emergency services, a portion of an existing internal road to the northeast of the senior school building would be required to be realigned. The proposed realignment would result in the removal of two trees from the site. As a result of the building extension and the relocation of the internal access road, the existing retaining wall adjacent to the east perimeter of the senior school building would need to be extended.

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 improved school facilities to support a growing population.

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 site is zoned part RU2 Rural Landscape and part E3 Environmental Management under the HLEP. The objectives of the RU2 Rural Landscape zone are:

· To encourage sustainable primary industry production by maintaining and enhancing the natural resource base;

· To maintain the rural landscape character of the land;

· To provide for a range of compatible land uses, including extensive agriculture;

· To encourage land uses that support primary industry, including low-scale and low-intensity tourist and visitor accommodation and the provision of farm produce direct to the public;

· To ensure that development does not unreasonably increase the demand for public infrastructure, service or facilities.

The objectives of the E3 Environmental Management zone are:

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

· To provide for a limited range of development that does not have an adverse effect on those values;

· To protect the natural environment of steep lands and floodplains within the catchment of the Hawkesbury River.

The proposed development is defined as an educational establishment. Educational establishments are permissible in the RU2 zone with Council’s consent and prohibited in E3 zone. The proposed development would be wholly located within RU2 zone.

The proposed school addition would not be inconsistent with the objectives of the RU2 zone.

2.1.2 Height of Buildings

2.1.3 Heritage Conservation

2.2 State Environmental Planning Policy (Infrastructure) 2007

Division 3 of Part 2 of State Environmental Planning Policy Infrastructure 2007 (ISEPP) applies to educational establishments in ‘prescribed zones’ in the Standard Instrument or zones in existing Local Environmental Plans equivalent to those zones. The provisions of the ISEPP prevail over any inconsistency between other environmental planning instruments including the HLEP. Specifically, the ISEPP includes the following provisions:

· Educational establishments are a permissible land use in the RU2 Rural Landscape zone.

· An educational establishment may be used, with consent, for any community purpose, whether or not it is commercial use; and

· Certain types of non-government school development is complying development, subject to certain standards being met. This includes development for the purposes of a library, administration building, classrooms and cafeteria, child care facilities for students or staff and car parks.

The development does not meet the complying development criteria as the site is situated within bushfire prone land. Therefore, a development application has been submitted to Council for determination. Should the land not be bushfire prone, the proposal would have been capable of being undertaken as complying development without the approval of Council.

2.3 State Environmental Planning Policy No. 44 – Koala Habitat

State Environmental Planning Policy No. 44 (SEPP 44) applies to land that has an area of over 1ha. The subject site has an area of 9.029ha and Council is required to consider whether the land is a potential core koala habitat.

The site has long been developed for school purposes and is largely cleared with some remnant native forest trees located at the northern part of the site. The development areas of the site do not contain any potential habitat for koalas and no further assessment is required under the provisions of SEPP 44.

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

The application has been assessed against the requirements of State Environmental Planning Policy No. 55 (SEPP 55). This Policy provides state-wide planning controls requiring that consent must not be granted to the carrying out of any development on land unless it has considered whether the land is contaminated or requires remediation for the proposed use.

The applicant has submitted a detailed site investigation report prepared by Douglas Partners dated March 2016. The report is based on a review of historical photographs, land titles, previous land uses, search of NSW Office of Water groundwater database, walkover survey and review of geology, topography and soil maps. The report concludes that there is no evidence of contamination and therefore, no remedial works is required. Council’s environmental assessment concurs with the findings of the report and raises no objections to the proposal subject to conditions.

2.5 Section 100B – Rural Fires Act 1997

The site comprises bushfire prone land and the development is ‘integrated development’ subject to approval of the NSW Rural Fire Service for the issue of a Bushfire Safety Authority.

The NSW Rural Fire Service has granted its General Terms of Approval which are included in Schedule 1 of this report.

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

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

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

2.7 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.

2.8 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 Area	9.029ha	N/A	N/A
Height	3 storeys 10.2m	2 storeys 10.5m	No Yes
Setbacks - Front - Side (east) - Side (west) - Rear	No change 110m No change 174m	15m 10m 10m 15m	N/A Yes N/A Yes

As detailed in the above table, the proposed development does not comply with the height prescriptive requirement for maximum number of storeys within the HDCP. The matter of non-compliance is detailed below, as well as a brief discussion on compliance with relevant desired outcomes.

2.8.1 Scale

The development proposes a 3 storey building which does not meet the maximum 2 storey requirement in the HDCP. Notwithstanding, the proposed development complies with the maximum building height of 10.5m and would be a similar scale to the existing buildings on the site which are 3 storeys in height. The proposal would not have an adverse impact on the amenity of the surrounding properties or streetscape as the works would be located towards the centre of the site.

The proposal meets the desired outcome of the scale provision within the HDCP.

2.8.2 Design

The proposed extension would be constructed of materials and finishes to complement the existing school buildings. The design of the building extension is appropriately articulated to create visual interest and avoid large blank walls.

2.8.3 Effluent Disposal

Council has received one submission raising concerns with respect to the capacity of the onsite sewage management system. The proposed development would direct all the effluent to the existing onsite management system servicing the site. Council’s assessment concludes that the existing system has sufficient capacity for the anticipated increase in load. Subject to conditions, the proposal is considered acceptable.

2.9 Section 94 Contributions Plans

Hornsby Shire Council Section 94A Contributions Plan 2012 – 2021 applies to the development as the estimated costs of works is greater than $100,000. Should the application be approved, an appropriate condition of consent is recommended requiring the payment of a contribution in accordance with the Plan.

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

To enable the site to be accessed by emergency services, a portion of an existing internal road to the northeast of senior school building would be required to be realigned. The proposed realignment would necessitate the removal of two trees within the site. The two trees (Nos. 1 and 2) to be removed are identified as ‘Eucalyptus microcorys’ and are not significant in accordance with the Tree and Vegetation provisions of the HDCP.

The application is supported by an Arboricultural Impact Assessment prepared by Allied Tree Consultancy, dated 30 October 2015. The report notes that the trees to be removed are not indigenous to the area.

Council’s assessment of the proposal included a detailed examination of the existing trees on site and concludes that trees (Nos. 1 and 2) are exempt from the tree preservation requirement of the HDCP..

It is considered that the removal of the trees is acceptable in the circumstances of the case due to their low retention value. Subject to conditions the proposal is considered acceptable.

3.1.2 Stormwater Management

Stormwater from the proposed development would drain to the existing dam located within the site. As part of the works, the down pipes and gutters of the senior school would be upgraded for the 1 in 100 ARI. Subject to conditions, the proposal is considered acceptable.

3.2 Built Environment

3.2.1 Built Form

The proposed development would be situated within the centre of the school site. It would not be visible from the adjoining properties or the streetscape. Accordingly, it is considered that the proposal would not have a negative impact upon the built form in the locality.

3.2.2 Traffic

Council received 12 submissions raising concerns with respect to traffic. The development does not propose an increase in student numbers or change in parking arrangement on the site. Accordingly, it is considered that no traffic impact would be generated from the proposed development.

3.3 Social Impacts

The proposed development would improve educational facilities in the locality and have a positive social impact.

3.4 Economic Impacts

The proposal would not impact on the local economy.

4. SITE SUITABILITY

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

4.1 Bushfire Risk

The land is identified as being subject to bushfire risk from the bushland on site and the neighbouring properties. Council has received 13 submissions raising concerns with respect to bushfire emergency issues, access for fire brigade and water supply for bushfire. The application was referred to the NSW Rural Fire Service. The NSW Rural Fire Service raised no objection to the proposal subject to conditions including asset protection zones, provision of water and utilities, access for emergency services and buildings to be designed and constructed in accordance with the Australian Standard AS3959-2009. Subject to these conditions, the proposal is considered satisfactory.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 12 January 2016 and 14 February 2016 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received 19 submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

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

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

· Unacceptable traffic/congestion;

· Increase in student numbers;

· Concerns with draft Masterplan;

· Bushfire emergency;

· Water supply for bushfire;

· Not compatible with rural zone objectives;

· Insufficient for sewage capacity;

· Safety – pedestrian/vehicle;

· Access for Fire Brigade;

· Minimum lot size

· School’s consumption of water and electricity;

· Request an agreement to be made that school pays half of any capital cost before consent granted;

· Request that school to fund the cost of road widening;

· Insufficient access for other registered local businesses;

· Request that Council install and monitor sufficient no stopping signs/no standing signs;

· Notification;

· Building height;

· Unacceptable light impact;

· Unacceptable noise impact; and

· Inadequate parking.

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 Concerns with the Draft Masterplan and Increase in Student Numbers

Council has received nine submissions raising concerns with the draft Masterplan (that has been submitted with the application for information purposes only) and increase in student numbers. The application does not include the Masterplan as part of the proposal. Any proposal for a Masterplan for the site would require a separate Development Application and the matters raised would be assessed as part of that application. Furthermore, the application does not propose to increase student numbers. Any proposal to increase student numbers would require a separate application and would be assessed in accordance with the requirements of relevant planning policies. A condition of consent is recommended to confirm this application does not permit an increase in student numbers.

5.1.2 Safety Issues – Pedestrian/Vehicles

Seven submissions raise concerns with respect to pedestrian and vehicle safety. The application is for additions to the existing senior school building. The applicant has submitted a construction traffic management plan demonstrating the management of vehicles during construction. All construction work and movement of construction vehicles is conditioned to be undertaken in accordance with relevant Australian Standards.

Furthermore submissions also raised safety concerns with respect to the increase in pedestrian/vehicle movement from the proposed addition to the senior school building. The proposal would not increase the number of children or parking, accordingly there would not be an increase in pedestrian/vehicle movement. Therefore, it is considered that no additional safety issues would be created by the proposed development.

5.1.3 School’s Consumption of Water and Electricity

One submission raises concerns that support of this application would result in an increase in the school’s consumption of water and electricity. Conditions of consent are recommended to ensure that utility services including, water sewer and electricity are available to meet the school’s needs.

5.1.4 Insufficient Access for Other Registered Local Businesses

Council has received one submission raising concerns with respect to insufficient access for other registered local businesses. The proposed development is wholly within the site and no works proposed outside of the site therefore, it is considered that it would not restrict access to any other local business.

5.1.5 Notification

Council has received one submission raising concerns that the “development application was not notified to all the residents affected by this proposal”. The development application was notified extensively including notification in the local newspaper in accordance with Council’s notification policy within HDCP.

5.1.6 Unacceptable Light Impact

One submission raises concerns with potential light impact from the proposed development. The proposed development is an extension of an existing senior building at the centre of the site, approximately 100m from a side boundary. The building would comprise of chemistry labs, physic labs, general learning area, fitness area, change rooms and store rooms. It is considered that the location of the building and the use would not create light impact to the adjoining properties.

5.1.7 Unacceptable Noise Impact

One submission raises concerns with potential noise impact from the proposed development. The proposed development is an extension of an existing senior building at the centre of the site, approximately 100m from a side boundary. The building would comprise of chemistry labs, physic labs, general learning area, fitness area, change rooms and store rooms. It is considered that the location of the building and the use would not create an adverse noise impact.

5.1.8 Inadequate Car Parking

Council has received three submissions raising concerns that there is inadequate car parking available for the school. The application does not propose an increase in student numbers and therefore, the existing car parking arrangement is considered adequate.

Additional to the concerns raised above, Council has received the following requests:

5.1.9 Request an Agreement to be made that School Pays Half of any Capital Cost Before Consent Granted

Council has received one submission requesting agreement be made that the School pay half of any capital cost before consent granted. It is unclear what capital cost the submission is referring to. Notwithstanding, the current application would not generate the demand for additional works to the surrounding road network as the proposal would provide improved facilities for existing student numbers.

5.1.10 Request that School to Fund the Cost of Road Widening

Two submissions request that the School fund the cost of road widening. The application is for the addition of a building with no increase in student numbers. Given that there is no increase in traffic is anticipated it would be unreasonable for Council to request for such requirement under this application.

5.1.11 Request that Council Install and Monitor Sufficient ‘No Stopping’ Signs/ ‘No Standing’ Signs

One submission has been received by Council requesting the installation and monitoring of sufficient ‘No stopping’ and ‘No standing’ signs along Quarry Road near the school. Such request cannot be imposed under this application as the situation with the street parking is an existing matter. However, this matter has been referred to the Local Traffic Committee for consideration. Council’s traffic officers are also continuing discussions with school representatives concerning traffic and parking management issues and strategies.

5.1.12 Request for a Footpath/Pedestrian Access

Council has received two submissions requesting a footpath and pedestrian access along Quarry Road. The application is for addition of a school building and no increase in student numbers is proposed. It would be unreasonable for Council to request for such requirement under this application.

5.2 Public Agencies

The development application is Integrated Development under the Act. Accordingly, the application was referred to the NSW Rural Fire Service for comment. The NSW Rural Fire Service has issued General Terms of Approval with conditions.

6. THE PUBLIC INTEREST

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

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

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

CONCLUSION

The proposed development is for construction of a three storey addition to an existing senior school building.

The proposed development is considered satisfactory in maintaining the character of the locality and the existing educational establishment on site and in this regard, would not establish an undesirable precedent.

The proposed development is considered acceptable with regard to the provisions of the relevant environmental planning instruments applicable to the site and the Hornsby Development Control Plan.

The application is recommended for approval.

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

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Plan
2.View	Site Plan
3.View	Floor Plans
4.View	Elevations and Sections
5.View	Roof Plan

File Reference: DA/1497/2015

Document Number: D06909778

SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1. Approved Plans and Supporting Documentation

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

Plan No./Title	Drawn by	Dated
Job No. 1770.14 – Dwg No. A01 – Site Plan - A	Stanton Dahl Architects	12.11.15
Job No. 1770.14 – Dwg No. A02 – lower floor plan - A	Stanton Dahl Architects	12.11.15
Job No. 1770.14 – Dwg No. A03 – ground floor plan - A	Stanton Dahl Architects	12.11.15
Job No. 1770.14 – Dwg No. A04 – level 1 floor plan - A	Stanton Dahl Architects	12.11.15
Job No. 1770.14 – Dwg No. A05 – roof plan - A	Stanton Dahl Architects	12.11.15
Job No. 1770.14 – Dwg No. A06 – elevations - A	Stanton Dahl Architects	12.11.15
Job No. 1770.14 – Dwg No. A07 – sections - A	Stanton Dahl Architects	12.11.15
215093-DAH01 – Rev A – Stormwater Drainage System – Master Site Plan	Niven Donnelly & Partners Pty Ltd	12.11.15
215093-DAH02 – Rev A - Stormwater Drainage System – Lower Floor Plan	Niven Donnelly & Partners Pty Ltd	12.11.15
215093-DAH03 – Rev A - Stormwater Drainage System – Ground Floor Plan	Niven Donnelly & Partners Pty Ltd	12.11.15
215093-DAH04 – Rev A - Stormwater Drainage System – First Floor Plan	Niven Donnelly & Partners Pty Ltd	12.11.15
215093-DAH05 – Rev A - Stormwater Drainage System – Roof Plan	Niven Donnelly & Partners Pty Ltd	12.11.15
215093-DAH06 – Rev A - Stormwater Drainage System – Sediment & Erosion Control Plan & Detail	Niven Donnelly & Partners Pty Ltd	12.11.15

Document Title	Prepared by	Dated
Bushfire Hazard Assessment Report – Reference no: 160314	Building Code & Bushfire Hazard Solutions Pty Limited	3 November 2015
Arboricultural Impact Assessment – Reference No: D2633	Allied Tree Consultancy	30 October 2015
Waste Management Plan	Pacific Hill Christian School	11.11.15
Construction Management Plan	Cash McInnes Projects Pty Ltd	February 2016

2. Appointment of a Project Arborist

a) A project Arborist (AQF Level 5) must be appointed to provide monitoring and certification throughout the development process.

b) Details of the appointed project Arborist must be submitted to the PCA and Council for registration with the approved Construction Certificate.

3. Removal of Existing Trees

a) This development consent permits the removal of two trees numbered 1 and 2 as identified in the Arboricultural Impact Assessment prepared by Allied Tree Consultancy dated 30 October 2015.

b) The removal of any other trees requires separate approval in accordance with the Tree and Vegetation Chapter 1B.6 Hornsby Development Control Plan (HDCP).

4. 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 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, $22,670.00 must be paid to Council to cater for the increased demand for community infrastructure resulting from the development, based on development costs of $2,267,000.

b) The value of this contribution is current as at 11 April 2016. 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.

c) 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.

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. Stormwater Drainage

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

a) Connected to the existing dam located within the site.

8. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

9. 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.

10. 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.

11. Tree Protection Requirements

a) Installation of tree protection:

i) All trees retained on site must have trunk protection and tree protection measures installed in accordance with the Australian Standard ‘Protection of Trees on Development Sites (AS 4970-2009).

ii) Tree protection fencing must be erected around trees numbered 3-5 as specified in table 1 indicating tree protection zones in the Arboricultural Impact Assessment prepared by Allied Tree Consultancy dated 30 October 2015.

b) All Tree protection Zones must have a layer of wood-chip mulch installed prior to works commencing and must be maintained throughout the period of construction at a depth of 150mm-300mm using material that complies with Australian Standard AS 4454.

12. 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 CONSTRUCTION

13. Construction Work Hours

All works on site, including demolition and earth works, must only occur between 7am and 5pm Monday to Saturday.

No work is to be undertaken on Sundays or public holidays.

14. 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.

15. Construction Management Traffic Plan Compliance

The development must be carried out in accordance with the submitted Construction Traffic Management Plan prepared by Cash McInnes Projects Pty Ltd dated February 2016.

16. Works Near Trees

a) The project Arborist must monitor trees numbered 3-5 and record where necessary remedial actions for maintaining tree health/conditions were required.

b) The appointed project Arborist must monitor and record all required tree protection measures to ensure they are maintained in good condition for the duration of a construction period.

17. Works within Tree Protection Zones

a) All root pruning must be recorded and undertaken as specified in Australian Standard AS 4970-2009 Sections 3.3.4, 4.5.4 and 4.5.5

b) New foundation/footing must provide a 100mm clearance above soil and be of sensitive construction techniques such as screw pilings or piers, cantilevered or suspended slab design.

c) Any necessary excavation must be undertaken by sensitive methods such as pneumatic or by hand as prescribe in AS 4970-2007 Sections 4.5.5.

d) Existing grade must be retained within the TPZ of all trees being retained.

e) The installation of all services which entre or transects a designed TPZ must utilise sensitive methods of installation such as directional drilling or in manually excavated trenches.

f) The filing or stockpiling of building materials, the parking of vehicles or plant, the disposal of cement slurry, waste water or other contaminants must be located outside the tree protection zones as prescribed in the conditions of this consent or the prescribed measures of Part 1B.6.1 Tree Preservation of the Hornsby Development Control Plan 2013 of any tree to be retained.

18. 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.

19. 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.

20. Asbestos and Soil Contamination

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

21. 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.

22. Street Sweeping

To protect the surrounding environment, Street sweeping must be undertaken following sediment tracking from the site along Quarry Lane and Quarry Road during works and until the site is established.

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

23. 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.

24. 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.

25. Wastewater to Existing System

All wastewater generated within the approved development must be directed to the existing onsite sewage management system servicing the site.

26. 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.

27. Damage to Council Assets

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

28. Final Certification Arborist

The Project Arborist must submit to the principle certifying authority a certificate that all the completed works have been carried out in compliance with the approved plans and specifications for tree protection. Certification must include a statement of overall site attendance, the condition of the retained trees, details of any deviations from the approved tree protection measures and their impacts on trees. Copies of monitoring documentation may be required.

29. Retaining Walls

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

OPERATIONAL CONDITIONS

30. Student Numbers and Car Parking Arrangement

The development approved under this consent does not involve an increase in student numbers or change in car parking arrangement, without Council’s separate written consent.

GENERAL TERMS OF APPROVAL – NSW RURAL FIRE SERVICE

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

31. Bushfire Management – Protection Zones

a) At the commencement of building works the entire property must be managed as an Inner Protection Area (IPA) as 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’ and in accordance with the following requirements:

i) 29 metres to the northwest;

ii) 90 metres to the north;

iii) 100 metres to the northwest, and

iv) To the site boundaries in all other directions.

b) Prior to the occupation of the proposed addition, a vegetation management plan must be prepared and implemented which provides for the removal of all tree species and shrubs within the macro pond to the north-west of the proposed addition. This must be maintained thereafter in perpetuity.

32. Water and Utilities

Changes to the provision of water, electricity and gas on the site must comply with section 4.1.3 of ‘Planning for Bush Fire Protection 2006’.

33. Access

Alterations to the internal roads must be undertaken in compliance with section 4.2.7 of ‘Planning for Bush Fire Protection 2006’.

34. Design and Construction

The proposed addition must comply with Section 3 and Section 6 (BAL 19) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire-prone area’ and section A3.7 Addendum Appendix 3 of ‘Planning for Bush Fire Protection’ 2006’.

- 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

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.

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. PL27/16

Planning Division

Date of Meeting: 11/05/2016

8 DEVELOPMENT APPLICATION - SUBDIVISION INVOLVING THE REALIGNMENT OF THE BOUNDARIES OF THREE ALLOTMENTS - 7, 7A AND 9-15 QUARRY ROAD, DURAL

EXECUTIVE SUMMARY

DA No:	DA/1467/2015 (Lodged on 9 November 2015)
Description:	Subdivision involving the realignment of the boundaries of three allotments.
Property:	Lot 1 DP 1087871, Lot 1 DP 1087927 and Lot 1 DP 1087960, Nos. 7, 7A and Nos. 9-15 Quarry Road, Dural.
Applicant:	DFP Planning Unit Trust
Owner:	Mrs Josephine Campo, Mr Mario Anthony Campo, Mr John Alfred Campo Pacific Hills Christian Education Ltd
Estimated Value:	Nil
Ward:	A

· The application involves a subdivision involving the realignment of the boundaries of three allotments. No additional lots are proposed to be created.

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

· Eighteen 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.

RECOMMENDATION

THAT Development Application No. DA/1467/2015 for subdivision involving the realignment of the boundaries of three allotments at Lot 1 DP 1087871, Lot 1 DP 1087927 and Lot 1 DP 1087960, Nos. 7, 7A and Nos. 9-15 Quarry Road, Dural be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL27/16.

BACKGROUND

The school has been in operation since 1983 at Nos. 9 - 15 Quarry Road, Dural. There have been numerous development applications relating to alterations and additions to the school. Some of the relevant Development Applications include:

On 23 March 1982, DA/137/1982 was approved for the established of a school for 400 students.

On 26 October 1994, DA/219/1994 was approved for a four stage expansion of the school (stage 1 - 826 students, stage 2 - 980 students, stage 3 - 1190 students and stage 4 – 1360 students), including church services and sporting events.

On 18 December 2002, DA/1520/2002 was approved for demolition of existing building/attached garage, removal of two shade structures and construction of new permanent junior school accommodation. Condition 3B of the consent limits student enrolments as follows: 1324 students for Year 2003, 1350 students for Year 2004 and a maximum of 1360 students thereafter.

A separate development application (DA/1497/2015) has been lodged for additions to the senior building within the existing school. Consideration of the application has been undertaken in Group Manager’s Report PL26/16 which is also included on the Agenda to be considered by Council at its meeting on 11 May 2016.

SITE

The site comprises of three allotments as follows:

Lot 1 DP1087927 (No. 7 Quarry Road) has an area of 1.09ha;

Lot 1 DP1087871 (No. 7A Quarry Road) has an area of 0.994ha; and

Lot 1 DP1087960 (Nos. 9 - 15 Quarry Road) has an area of 9.029ha.

The subject site is located on the northern side of Quarry Road, Dural.

An educational establishment (Pacific Hills Christian School) exists at Nos. 9-15 Quarry Road and comprises of a variety of permanent and temporary buildings including a multi-purpose centre, administration buildings, classrooms, a senior science building, sports fields and associated structures. There is a dam and a macro pond within the site.

The properties at No. 7 and 7A Quarry Road contain detached single storey dwelling houses located at the front of the sites. No. 7A Quarry Road contains a portion of an established garden to the rear of the dwelling that spans over the adjoining site to the west know as No. 5 Quarry Road, Dural.

The surrounding locality is predominately semi-rural in character, comprising of rural residential developments and agricultural land uses. Dural business centre is located approximately 400m west of the subject site.

There is a 38 metre fall towards the northern boundary of the site

Remnant native bushland is located towards the northern part of the site. Tunks Creek traverses the north-west boundary of the site.

The subject site is located within bushfire prone land.

PROPOSAL

The application proposes a boundary adjustment of the existing three lots (Nos. 7, 7A and 9-15 Quarry Road, Dural) by excising the rear portion of Nos. 7 and 7A Quarry Road and consolidating it with Nos. 9 - 15. Quarry Road. The resultant lots would be:

Property Address	Proposed Lot No.	Area
7 Quarry Road	Lot 30	5,065m²
7A Quarry Road	Lot 31	5,112m²
9-15 Quarry Road	Lot 32	10.1ha

The application states that the purpose of the boundary adjustment is to provide additional space to allow for the future expansion of the Pacific Hills Christian School without hindering future development of Nos. 7 and 7A Quarry Road. The expansion of the Pacific Hills Christian School would be subject to a future Development Application.

The application does not propose any works on the subject sites. Furthermore, the application does not propose to increase the student numbers at the School. No change to the function and operation of the School is proposed as part of this application.

ASSESSMENT

1. STRATEGIC CONTEXT

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

The proposed development would be consistent with ‘A Plan for Growing Sydney’, by providing additional space for school facilities to support a growing population. The provision of additional facilities would be the subject of a future development application.

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

The subject properties are zoned Part RU2 Rural Landscape and part E3 Environmental Management under the HLEP. The objectives of the RU2 Rural Landscape zone are:

· To encourage sustainable primary industry production by maintaining and enhancing the natural resource base;

· To maintain the rural landscape character of the land;

· To provide for a range of compatible land uses, including extensive agriculture;

· To encourage land uses that support primary industry, including low-scale and low-intensity tourist and visitor accommodation and the provision of farm produce direct to the public;

· To ensure that development does not unreasonably increase the demand for public infrastructure, service or facilities.

The objectives of the E3 Environmental Management zone are:

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

· To provide for a limited range of development that does not have an adverse effect on those values;

· To protect the natural environment of steep lands and floodplains within the catchment of the Hawkesbury River.

The proposed development is defined as “subdivision” under the HLEP and is permissible in the zone with Council’s consent. The proposed subdivision would not be inconsistent with the zone objectives.

2.1.2 Minimum Subdivision Lot Size

Clause 4.1 of the HLEP prescribes that the minimum area per allotment is not to be less than the minimum size shown on the Lot Size Map, namely, 5,000m² for No. 7 and 7A Quarry Road and 2ha for Nos. 9 - 15 Quarry Road. Proposed Lots 30 and 31 would comply with the minimum lot area requirement of 5,000m² and proposed Lot 31 would comply with the minimum lot area requirement of 2ha.

2.1.3 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 10.5m. The proposal does not involve any new buildings on the subject site.

2.1.4 Heritage Conservation

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

The application has been assessed against the requirements of State Environmental Planning Policy No. 55 (SEPP 55). This Policy provides State-wide planning controls requiring that consent must not be granted to the carrying out of any development on land unless it has considered whether the land is contaminated or requires remediation for the proposed use.

The applicant has submitted a detailed site investigation report prepared by Douglas Partners dated March 2016. The report is based on a review of historical photographs, land titles, previous land uses, search of NSW Office of Water groundwater database, walkover survey and review of geology, topography and soil maps. The report concludes that there is no evidence of contamination and therefore, no remedial works are required. Council’s environmental assessment concurs with the findings of the report and raises no objections to the proposal subject to conditions.

2.3 Section 100B – Rural Fires Act 1997

The proposed lots are located within a bushfire prone area and the development is ‘integrated development’ subject to approval of the NSW Rural Fire Service for the issue of a Bushfire Safety Authority.

The NSW Rural Fire Service has granted approval, with no specific conditions.

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

The proposed subdivision does not require any works and therefore, would not adversely impact on the Hawkesbury Nepean River.

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

2.6 Hornsby Development Control Plan 2013

Hornsby Development Control Plan 2013 – Part 2 Rural and Part 6 Subdivision

Control

Proposal

Requirement

Compliance

Density

Proposed Allotment Size:

- Lot 30

- Lot 31

- Lot 32

5,065m²

5,112m²

10.1ha

5,000m²

2ha

Yes

Lot 30

Private Open Space

- Minimum dimension

24m²

Yes

Setbacks

- Front

- Side

- Rear

No change

15m

10m

15m

Yes

Car parking

2 spaces

Yes

Lot 31

Private Open Space

- Minimum dimension

24m²

Yes

Setbacks

- Front

- Side

- Rear

No change

60m

15m

10m

15m

Yes

Car parking

2 spaces

Yes

Lot 32 (School)

Setbacks

- Front

- Side

- Rear

No change

15m

10m

15m

Yes

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

2.6.1 Subdivision Design

The proposed boundary adjustment would maintain two regular shaped allotments (Nos. 7 and 7A Quarry Road) fronting the road that are capable of continued use for rural residential purposes. The allotments would retain adequate area to accommodate the existing dwellings with associated landscaping and open space areas.

The expansion of the school would be undertaken as a separate application. However, a draft masterplan has been submitted which demonstrates how the land to be consolidated in the existing school might be used. The draft masterplan shows the potential to use the land for an early learning centre and Hope school with associated car parking. The draft masterplan demonstrates, in principle, that the land is capable of accommodating the proposed uses with appropriate landscaped setbacks. However, environmental evaluation of any expansion of the school would require the submission of detailed supporting studies and information for evaluation and assessment and community consultation.

2.6.2 Drainage Control

The proposed boundary adjustment would not impact on the current system of drainage. Subject to conditions, the proposal is considered acceptable.

2.6.3 Effluent Disposal

Council has received one submission raising concerns with respect to onsite sewage management system. The proposed lots would direct all the effluent to the existing onsite sewage management system servicing each lot. Subject to conditions, the proposal is considered acceptable.

2.7 Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2012-2021 does not apply to the development as it would not result in any additional lots. Accordingly, the requirement for a monetary Section 94 contribution is not recommended.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The proposed development would not necessitate the removal of any trees from the subject site. Accordingly, the proposed development would not have any impact on the natural environment.

3.1.2 Stormwater Management

The proposed development would not have impact on the current stormwater management system.

3.2 Built Environment

3.2.1 Built Form

The proposed boundary adjustment retains the existing buildings, outbuildings and driveways. The proposed subdivision layout provides opportunity for future expansion of the Pacific Hills Christian School, which would be subject to a future development application.

3.2.2 Traffic

Council received 13 submissions raising concerns with traffic on Quarry Road and the surrounding roads. The proposal is for a boundary adjustment of three allotments and would not create any additional allotments. The application does not propose any works on the site and does not propose to increase student numbers. Accordingly, no additional traffic would be generated from the proposal. The traffic implications of the expansion of school facilitates onto the land would require detailed evaluation as part of a future development application.

3.3 Social Impacts

The proposed development would not result in a negative social impact. The proposal would provide additional lands for the school. However, the future use and development of the land would be the subject of a future development application.

3.4 Economic Impacts

The proposal would have a neutral economic impact as no additional development is proposed. However, the proposal would facilitate a future positive economic impact by enabling an expansion of school facilitates subject to future approvals.

4. SITE SUITABILITY

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

4.1 Bushfire Risk

The land is identified as being subject to bushfire risk from bushland on site and the neighbouring properties. Council has received 11 submissions raising concerns with respect to bushfire emergency issues, access for fire brigade and water supply for bushfire. The application was referred to the NSW Rural Fire Service. The NSW Rural Fire Service considered the matters raised and has issued general terms of approval with no specific conditions.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 11 January 2016 and 13 February 2016 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received 18 submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

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

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

· Unacceptable traffic/congestion;

· Bushfire emergency issues;

· Water supply for bushfire;

· Concerns with the draft Masterplan;

· Increase in student numbers;

· Does not meet rural zone objectives;

· Sewage capacity;

· Safety – pedestrian/vehicle;

· Access for Fire Brigade;

· Minimum lot size;

· School’s consumption of water and electricity;

· Notification;

· Insufficient access for other registered local businesses;

· Request an agreement to be made that the School pays half of any capital costs before consent granted;

· Request that School fund the cost of road widening;

· Request that Council install and monitor sufficient ‘No stopping’ signs/’No standing’ signs;

· Request to widen the road; and

· Request for a footpath/pedestrian access.

One submission was received in support of the development and made the following observations:

· The development would provide an increase in much needed services in the locality.

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 Concerns with the Draft Masterplan and Increase in Student Numbers

Council has received nine submissions raising concerns with the draft Masterplan (that has been submitted with the application for information purpose only) and increase in student numbers. The application does not include the Masterplan. Any Masterplan for the site would require a separate Development Application and the matters raised would be assessed as part of that application. Furthermore, the application does not propose to increase student numbers. Any proposal to increase student numbers would require a separate application and would be assessed in accordance with the requirements of the relevant planning policies. A condition of consent is recommended to confirm that this application does not permit an increase in student numbers.

5.1.2 Zone Objective

Council has received three submissions raising concerns that the proposal would not meet the zone objective. The subject sites are zoned Part RU2 Rural Landscape and part E3 Environmental Management under the HLEP. As discussed under Section 2.1.1 of the report, the proposed boundary adjustment would not be inconsistent with the zone objectives.

5.1.3 Minimum Lot Size

Council has received two submissions raising concerns with respect to the proposal does not comply with the minimum lot size requirement. As discussed under Section 2.1.2 of the report, the minimum area per allotment is not to be less than the minimum size shown on the Lot Size Map, namely, 5,000m² for Nos. 7 and 7A Quarry Road and 2hectares for Nos. 9-15 Quarry Road. The proposed lots comply with these requirements.

Furthermore, the use of RU2 Rural Lands for educational establishments is consistent with the permissibility provisions of the State Government’s State Environmental Planning Policy (Infrastructure) 2007.

5.1.4 Safety Issues – Pedestrian/Vehicles

Six submissions have been received raising concerns with respect to pedestrian and vehicle safety. This application is for a boundary adjustment and does not involve construction of any new structures. In this regard, the proposed development would not create any additional safety issues. Current issues with regard, to pedestrian and traffic safety cannot be addressed as part of this application.

Notwithstanding that the current application does not increase student numbers, during the assessment of the current application, Council officers have met with representatives from the School and residents to discuss concerns regarding traffic generation.

Specifically, it is noted that “no stopping” restrictions were provided on the northern (School) side of Quarry Road as cars were either parking on the landscaped verge or parking on the road, restricting access. When the parking restrictions were installed, the intention was to retain parking on the southern side to cater for overflow parking from the School car park. Due to the lack of a defined kerb line/shoulder, some parents do not park their vehicles properly. Removing an extensive area of parking, as suggested by residents, is not necessary and would be hard to justify given the parking congestion within the School car park. Accordingly, Council will provide the School with an information package for distribution to parents explaining the issue and showing how to park legally and safely along Quarry Road. This matter will also be considered further by the Local Traffic Committee.

Furthermore, in discussion with School representatives it was acknowledged that any future proposal for an expansion to the School would require the preparation of a comprehensive traffic management plan. Any management plan should address traffic congestion in the locality and consider options including, but not limited to, the following:

· road widening;

· additional left turn lane into the School;

· car sharing schemes;

· staggering school start and end times;

· before and after school care;

· incentive schemes for pupils to use bus services; and

· purchase of a bus by the School to shuttle students from remote pick up locations.

It is anticipated the above issues will be considered in any future application for expansion by the School.

5.1.5 School’s Consumption of Water and Electricity

One submission has been received by Council raising concerns that the support of this application would result in an increase in school’s consumption of water and electricity. Concerns regarding the school’s consumption of water and electricity are not relevant to a subdivision boundary adjustment. Therefore, this concern cannot be addressed under this application.

Conditions of consent are recommended to ensure that utility services are available to the lots.

5.1.6 Notification

Council has received one submission raising concerns that the “development application was not notified to all the residents affected by this proposal”. The development application was notified extensively including notification in the local newspapers in accordance with Council’s notification policy within the HDCP.

5.1.7 Insufficient Access for Other Registered Local Businesses

Council has received one submission raising concerns with respect to insufficient access for other registered local businesses. The application is for boundary adjustment and would not restrict access to any other local business.

Additionally to the concerns raised above, Council has received the following requests:

5.1.8 Request an Agreement to be made that School Pays Half of any Capital Costs Before Consent Granted

Council has received one submission requesting an agreement be made that the School pay half of any capital costs before consent granted. It is unclear what capital cost the submission is referring to. Notwithstanding, it is not a matter to be considered for the current application as no additional works or facilitates are proposed to be provided under the application.

5.1.9 Request that School to Fund the Cost of Road Widening

Two submissions have been received requesting that the School fund the cost of road widening. The application is for boundary adjustment only and it would be unreasonable for Council to request such a requirement under this application given that no increase in traffic is anticipated.

5.1.10 Request that Council Install and Monitor Sufficient ‘No Stopping’ Signs/ ‘No Standing’ Signs

One submission has been received requesting the installation and monitoring of ‘No stopping’ and ‘No standing’ signs along Quarry Road near the school. Such request cannot be imposed under this application as the situation with the off street parking is an existing matter. This matter has been referred to the Local Traffic Committee for further consideration.

5.1.11 Request for a Footpath/Pedestrian Access

Council has received two submissions requesting a footpath and pedestrian access. The application is only for boundary adjustment and no increase in student numbers is proposed. It would be unreasonable for Council to request for such requirement under this application.

5.2 Public Agencies

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 development would be in the public interest.

CONCLUSION

The proposed development is for subdivision involving the realignment of the boundaries of three allotments.

The proposed subdivision is considered satisfactory in maintaining the rural residential character of the locality and the pattern of subdivision and in this regard, would not establish an undesirable precedent.

The proposed subdivision is considered acceptable with regard to the provisions of the relevant environmental planning instruments applicable to the site and the Hornsby Development Control Plan.

The application is recommended for approval.

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Subdivision Plan

File Reference: DA/1467/2015

Document Number: D06909816

SCHEDULE 1

GENERAL CONDITIONS

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

1. Approved Plans and Supporting Documentation

Plan No/Title	Drawn by	Dated
Ref 8042_SUB_B – Plan of proposed subdivision	Surveyplus	6.11.15

Document Title	Prepared by	Dated
Detailed Site Investigation for Contamination	Douglas Partners	March 2016
Bushfire Hazard Assessment Report – Ref: 160314	Building Code & Bushfire Hazard Solution Pty Limited	14.12.15

2. Asbestos and Soil Contamination

REQUIREMENTS PRIOR TO THE ISSUE OF SUBDIVISION CERTIFICATE

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

3. 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.

4. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

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

5. Damage to Council Assets

6. 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”.

7. Wastewater of Existing Systems – Proposed Lots 30 and 31

All wastewater generated within proposed Lots 30 and 31 must be directed to the existing onsite sewage management system servicing each site. The effluent disposal area for Lot 30 and 31 is to be positioned within each lot and comply with guideline buffer distances.

8. Demolition of Existing Structures

Any structure that traverses the proposed allotment boundary/ies must be demolished prior to the release of the subdivision certificate.

OPERATIONAL CONDITIONS

9. Student Numbers of the School

No increase in student numbers to the school is granted under this consent.

- 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.

Subdivision Certificate Requirements

A subdivision certificate application is required to be lodged with Council containing the following information:

· A surveyor’s certificate certifying that all structures within the subject land comply with the development consent in regard to the setbacks from the new boundaries.

· A surveyor’s certificate certifying that all services, drainage lines or access are located wholly within the property boundaries. Where services encroach over the new boundaries, easements are to be created.

· Certification that the requirements of relevant utility authorities have been met.

· A surveyor’s certificate certifying finished ground levels are in accordance with the approved plans.

Note: Council will not issue a subdivision certificate until all conditions of the development consent have been completed.

Fees and Charges – Subdivision

All fees payable to Council as part of any construction, compliance or subdivision certificate or inspection associated with the development (including the registration of privately issued certificates) are required to be paid in full prior to the issue of the subdivision certificate. Any additional Council inspections beyond the scope of any compliance certificate required to verify compliance with the terms of this consent will be charged at the individual inspection rate nominated in Council's Fees and Charges Schedule.

Tree and Vegetation Preservation

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

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

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

Dial Before You Dig

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.

Group Manager’s Report No. PL28/16

Planning Division

Date of Meeting: 11/05/2016

9 DEVELOPMENT APPLICATION - RESIDENTIAL FLAT BUILDING COMPRISING 26 UNITS - 31-35 HEATH STREET, ASQUITH

EXECUTIVE SUMMARY

DA No:	DA/570/2015 (Lodged on 20 May 2015)
Description:	Demolition of existing dwellings and construction of residential flat building comprising 26 units and basement car parking.
Property:	Lots 12, 13 and 14 DP 8797, Nos. 31 – 35 Heath Street, Asquith
Applicant:	MacKenzie Architects International
Owner:	Mr Andrew Gerrard Jackson, Mrs Alice Ann Lehane, Ms Julie Sussan Plunkett, Mrs Susan Margaret Ryan
Estimated Value:	$8,450,000
Ward:	A

· The application proposes demolition of existing dwellings and construction of residential flat building comprising 26 units and basement car parking.

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

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/570/2015 for demolition of existing dwellings and the construction of residential flat building comprising 26 units and basement car parking at Lots 12, 13 and 14 DP 8797, Nos. 31-35 Heath Street, Asquith be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL28/16.

BACKGROUND

On 22 April 2015, a pre-lodgement meeting (PL/50/2015) was held at Council and advice was provided for the erection of residential flat buildings.

The development application initially lodged proposed 28 units. Council’s preliminary assessment raised concerns with the proposal regarding setbacks and privacy. Accordingly, the applicant submitted amended plans on 18 January 2016 addressing these concerns and reduced the number of units to 26.

SITE

The site has a consolidated area of 2,130m² with a frontage of 47.69m to Heath Street and a secondary street frontage of 43.23m to Haldane Street. The site falls 2% from the rear north western to south eastern side.

The site comprises three regular shaped allotments located on the western corner of Heath Street, Haldane Street and Oliver Street. Existing improvements on the site include three dwelling houses and ancillary development.

A variety of exotic and native trees are located throughout the site. A number of significant trees are located on the adjoining property and the nature strip including Melaleuca spp. and Syncarpia glomulifera.

Asquith Railway Station is located approximately 300m to the north of the site. The immediate area surrounding the subject site is mainly characterised by medium density and low density residential developments.

The property is located in the vicinity of a heritage listed item namely ‘House’ at No. 121 Sherbrook Road (item No. 32), Asquith, under the provisions of Schedule 5 (Environmental Heritage) of the Hornsby Local Environmental Plan 2013 (HLEP).

PROPOSAL

The application proposes the demolition of three existing residential dwellings and associated structures, and the construction of a residential flat building comprising 26 units and basement car parking.

The overall unit mix would consist of 10 x 1 bedroom, 13 x 2 bedroom and 3 x 3 bedroom units.

The development would be accessed from Heath Street via a driveway located on the south eastern boundary of the site. A total of 25 resident and 7 visitor car parking spaces are proposed within the basement.

The application proposes the removal of 12 trees on site.

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

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

The subject land is zoned R3 Medium Density Residential under the HLEP. The objectives of the zone are:

· To provide for the housing needs of the community within a medium density residential environment.

· To provide a variety of housing types within a medium density residential environment.

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

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

2.1.2 Height of Buildings

2.1.3 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The site does not include a heritage item and is not located in a heritage conservation area. The proposal is within the vicinity of a heritage listed item namely ‘House’ of local significance at No. 121 Sherbrook Road, Asquith under HLEP. The site is over 75m east of the item. As such, the proposal would pose minimal impacts to the heritage significance of the item. Accordingly, no further assessment regarding heritage is required.

2.1.4 Earthworks

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

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

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

State environmental Planning Policy No. 55 (SEPP 55) requires that consent must be granted to the carrying out of any development on land unless it has considered whether the land is contaminated or requires remediation for the proposed use.

The subject site has a history of being used for residential purpose. However, the site adjoins the main Northern Railway line. It is unlikely that the site would be contaminated. If any contamination that may be present within the proposed basement, this area is expected to be excavated and disposed offsite. Council’s environmental assessment raises no objections to the proposal subject to conditions including that the excavated material removed from the site must be classified in accordance with the Department of Environment, Climate Change and Water NSW Waste Classification Guidelines prior to disposal.

Subject to appropriate conditions, the proposal is considered acceptable.

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

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

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

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

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

The State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development (SEPP 65) and the Residential Design Flat Code (Apartment Design Guide) apply to residential flat buildings, shop top housing and the residential component of mixed use developments that are three or more storeys and that have four or more dwellings.

The proposed residential flat building is two storeys in height, therefore SEPP 65 would not be applicable and not further assessment is required.

2.6 State Environmental Planning Policy (Infrastructure) 2007

The application has been assessed against the requirements of State Environmental Planning Policy Infrastructure 2007 (ISEPP). This policy contains State-wide planning controls for developments adjoining busy roads and railways. The development is located immediately adjacent to an existing rail corridor. The following matters are required to be considered pursuant to the ISEPP.

2.6.1 Development in Rail Corridors

The development is located immediately adjoining the Northern Rail Corridor and would require excavation within 25 metres (measured horizontally) of the corridor. Therefore, the development requires concurrence of Sydney Trains under Clause 85 and 86 of ISEPP.

Sydney Trains assessed the application in accordance with the requirements of Clause 86(4) of the ISEPP and has granted its concurrence to the development proposed. Sydney Trains’ concurrence includes operational conditions. Subject to these conditions, the proposal is considered acceptable.

2.6.2 Impact of Rail Noise

Assessment of the impacts of rail noise on residential use is required pursuant to Clause 87 of ISEPP, where a development is on land in, or adjacent to, a rail corridor.

The applicant has submitted an Acoustic Assessment report. The report provides details of construction techniques and measures to attenuate rail noise and vibration. The report concludes that the development would not exceed the specified noise criteria and L_Aeq levels within Clause 89 of the ISEPP subject to adherence to the recommendations for upgrading of window glazing, upgrading of external walls and roofs, and mechanical ventilation.

The development proposal has been amended since the acoustic assessment report was prepared. Accordingly, a condition of consent has been recommended that the Acoustic Assessment report be revised reflecting the changes to the proposal. Council’s assessment in this regard concludes that the proposed noise mitigation measures are satisfactory subject to a condition to revise the acoustic report.

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

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

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

2.9 Hornsby Development Control Plan 2013

Hornsby Development Control Plan 2013
Control	Proposal	Requirement	Compliance
Site Width	46m	30m	Yes
Height	2 storeys + Attic – 10.25m	2 storeys + Attic – 10.5m	Yes Yes
Roof Pitch	<25 degrees	25 degrees (max)	Yes
Lowest Residential Floor Above Ground	0m	1.5m (max)	Yes
Maximum Floorplate Dimension	35m	35m	Yes
Height of Basement Above Ground	1m	1m (max)	Yes
Dormer Windows Max. Width Min. Separation	1.5m-2m 2m	2m 2m	Yes Yes
Front Setback (Heath Street) Balconies	7.6m 6m	7.6m 6m	Yes Yes
Rear Setback	3-6m	6m	No
North-eastern Side (Secondary - Haldane Street)	6m 3m>1/3 frontage	6m 3m<1/3 frontage	Yes No
Side Setback (south-western)	6m 3m <1/3 frontage	6m 3m <1/3 frontage	Yes Yes
Underground Parking Setback	7m-front 6m-rear 4.5m-secondary (north-eastern) 6m-side (south-western)	6m-front 4m-rear 3m-secondary (north-eastern) 3m-side (south-western)	Yes Yes Yes Yes
Basement Ramp Setback	2m	2m (min)	Yes
Deep Soil Landscaped Areas	7m-front 6m-rear 4.5m-secondary (north-eastern) 6m-side (south-western)	6m-front 4m-rear 3m-secondary (north-eastern) 3m-side (south-western)	Yes Yes Yes Yes
Private Open Space Min Width 4m	1 br units – 10m² (min) 2 br units – 12m²(min) 3 br units – 16m²(min) <2.5m	10m² 12m² 16m² Min 2.5m wide	Yes Yes Yes Yes
Communal Open Space with Minimum Dimensions 4m	50m² >4m	50m² >4m	Yes Yes
Parking	25 resident spaces 7 visitor spaces 6 bicycle tracks 6 visitor bicycle racks 1 motorbike space	25 resident spaces 4 visitor spaces 6 bicycle tracks 3 visitor bicycle racks 1 motorbike space	Yes Yes Yes Yes Yes
Solar Access	69.2%	70%	No
Housing Choice	50% - 2br 38.5% - 1br 11.5% - 3br	10% of each type (min)	Yes
Adaptable Units	30%	30%	Yes

As detailed in the above table, the proposed development generally complies with the prescriptive requirements within the HDCP other than minor non-compliances with setbacks and solar access. The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant desired outcomes.

2.9.1 Desired Future Character

The proposed development is in accordance with the desired future character of the area for well-articulated two-storey residential flat buildings in garden settings with basement car parking, pitched roofs with wide eaves and additional floor area within the roof space.

The proposal complies with the desired future character for the area.

2.9.2 Site Requirements

The HDCP requires sites to have a minimum frontage of 30m. The subject site has a frontage of 46m to Heath Street and 43m on Haldane Street, which complies with the requirement.

The HDCP also requires the following:

‘Where a development proposal results in an adjoining site within the precinct with no street frontage or a primary street frontage of less than 30m, proponents should demonstrate that orderly and economic development of the site can be achieved under this DCP.

Where a property is likely to be isolated by a proposed development and it cannot be demonstrated that the site can be developed to its full potential, applicants should provide documentary evidence that genuine and reasonable attempt has been made to purchase an isolated site based on a fair market value.’

Approval of the proposed development would result in No. 29 Heath Street having a primary street frontage of less than the required 30 metres minimum frontage requirement under the HDCP.

Council wrote to the adjacent site owner at No. 29 Heath Street to confirm their position regarding site amalgamation with No. 31-35 Heath Street. The owner of No. 29 Heath Street provided a written response to Council acknowledging that an option to purchase the property was offered with no specific terms and on an 18 month contract. The owner submits that an 18 month option is not fair or reasonable and the terms are not for a guaranteed sale, only the option to purchase. The owner further states that the offer of $1,200,000 is based on the current market and not the market price at 18 months, therefore they believe that they would be worse off due to the other expenses such as moving costs, transaction and legal cost and improvements already made to the property. The owner acknowledges that if the development at Nos. 31 - 35 proceeds, their property at No. 29 will become isolated.

In accordance with the provisions of HDCP, it is acknowledged that the applicant sought to negotiate with the owners of No. 29 Heath Street by making genuine and reasonable attempts to acquire the site. An offer of $1,200,000 was made to the adjoining owner. Details of the attempts made to acquire No. 29 were submitted with the application. These attempts to acquire No. 29 were unsuccessful.

Council engaged an independent valuer to provide advice on whether a reasonable offer was made for the property at No. 29 Heath Street. The independent valuation report considered that the amount of $1,200,000 offered to the owner of No. 29 Heath Street in May 2015 to be reasonable.

The adjoining site at No. 29 Heath Street has an 18.2 metre wide site frontage and a total site area of 700m². The applicant has submitted a concept plan demonstrating that No. 29 Heath Street can be redeveloped for three multi dwellings.

Council officers have also held a formal meeting on 14 September 2015 with the owners’ of No. 29 Heath Street and their real estate agent to discuss the isolation of their site. At that meeting, staff advised the owners’ of the independent valuation report and the planning implications of not amalgamating development sites.

Based on the above, the applicant has made reasonable attempts to acquire the adjoining site in accordance with the Land and Environment Court principles and the adjoining site is assessed as being capable of being development. The proposal is considered to be acceptable in respect to the HDCP prescriptive measures for site requirements.

2.9.3 Height

2.9.3.1 Building Height

Council received three submissions raising concerns with the building height and requesting the building height be reduced. The proposed building complies with the 10.5 metre maximum height limit. The basement would have a maximum projection of 1 metre above natural ground level which complies with the requirement.

2.9.3.2 Roof Design

The development incorporates pitched roofs with wide eaves extending to the front and rear of each unit. The roof pitches would be less than 25 degrees, in accordance with the requirements of the HDCP. The attic level is partially within the roof space. The centre part of the attic level is not within the roof space however, it would not visible from the streetscape or the adjoining properties. With respect to this, the minor non-compliance does not add bulk to the building. Dormer windows at the attic level on all the elevations provide additional articulation in the roof and in particular, within the front elevation of the building.

The design of the roof is generally in accordance with Council’s requirements and does not contribute to unnecessary bulk and scale of the building. Accordingly, the proposed development is satisfactory in respect to the two storey built form with attics.

2.9.4 Setbacks and Separation

The development proposes a rear setback of 3 to 6 metres, which does not comply with the minimum setback of 6 metres. Units Nos. 14, 15 and 16 would encroach into the rear setback. These units would not create amenity impact to the adjoining properties as they would adjoin a rail corridor. The encroachment results from the need to maintain a greater setback to the isolated site on the southern side boundary. The applicant proposes tree planting along the rear boundary to reduce any visual impact of the rail corridor to the future residents of the units.

The first floor balconies on the secondary street would encroach within the 3m boundary setback. The HDCP allows upper level light weight balconies to encroach to a minimum setback of 4.5 metres to the side boundary if there is no resulting detrimental impact on visual and acoustic privacy or overshadowing. Given that the secondary street setback is a public road, it is considered that the balcony encroachment would not have a detrimental impact on the adjoining properties or the streetscape. The proposed development meets the desired outcome within the HDCP and is considered acceptable.

Council received three submissions from the owner of the adjoining site at No. 29 Heath Street raising concerns with respect to building setbacks to the southern side boundary of the site and associated privacy and solar access impacts. To address these concerns, the applicant submitted amended plans to increase the southern side setback to 6 metres and orientated the balconies to the front and rear of the site in compliance with the HDCP.

The amended building design would alleviate overlooking opportunities and maintain amenity to the current and future dwellings. The proposal complies with the intent of the ‘Building separation’ control and would result in a reasonable design outcome for the site.

2.9.5 Built Form

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

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

2.9.6 Landscaping

The landscaping provisions of the HDCP prescribe that a 7m wide landscaped area is to be provided at the front and a 4m wide landscaped area provided along the side boundaries. The proposed development complies with these requirements.

Large and medium canopy trees are proposed with the deep soil zone at the rear boundary acting as a buffer between the proposed building and railway line.

Council received one submission raising concerns with respect to the landscaping treatment on the southern side of the property boundary. The submitted landscape plan proposes medium canopy trees along the southern side boundary, which would provide an appropriate transition between the proposed building and a future multi dwelling development on the adjoining allotment.

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

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

2.9.7 Open Space

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

All units would achieve the prescriptive open space area requirements of 10 square metres for 1 bedroom units, 12 square metres for 2 bedroom units and 16 square metres for 3 bedroom units with the minimum 2.5m dimension width. The open space areas of units would be provided with direct access from the living areas.

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

2.9.8 Privacy and Security

Council received two submissions raising concerns with respect to privacy impacts to the adjoining property at No. 29 Heath Street. The proposed development is appropriately designed for privacy with the required setback of 6 metres from the side boundary and the majority of units having an orientation towards the front and rear boundaries. The provision of balcony screens are recommended to be provided along the southern side of the first floor balconies of units 14 and 26 to prevent overlooking of the adjoining property at No. 29 health Street. Accordingly, it is considered that the proposed development would not have adverse privacy impact on the adjoining property.

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

2.9.9 Sunlight and Ventilation

The prescriptive measure of the HDCP requires at least 70% of the dwellings (19 out of 26) to receive 3 or more hours of sunlight to living room windows and private open space between 9am and 3pm on 22 June. The applicant submitted a detailed solar access analysis indicating that 18 out of 26 units (69.2%) would receive 3 hours of direct solar access to living room windows and private open space. A minor variation to solar access is considered acceptable given the required orientation of units to maintain privacy to the isolated site. The site would receive extended hours for solar access to the east and west where there are no adjoining buildings.

Council received 3 submissions from the owner of No. 29 Heath Street raising concerns with respect to solar access impact. The applicant has submitted solar access diagrams indicating that on 22 June, 50 percent of the required principle private open space (24m²) on an adjoining property would receive 3 hours of unobstructed sunlight access between 9am and 3pm as required in the HDCP.

The proposal meets the prescriptive measures of the sunlight and ventilation and is considered acceptable.

2.9.10 Housing Choice

The proposal involves the erection of a two storey residential flat building comprising 26 units. The proposed building includes a mix of one, two and three bedroom units that range in size and style. The proposal is for 10 x 1 bedroom, 13 x 2 bedroom and 3 x 3 bedroom units. Some of the units include studies.

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

2.9.11 Vehicular Access and Parking

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

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

2.9.12 Waste Management

The proposal includes a waste management plan with details of waste management during the demolition phase and the construction phase of building works.

A common garbage bin bay and bulky waste storage area is proposed to be located on the eastern boundary close to the street frontage. A pedestrian walkway connects the building to a garbage bin area. The site would be serviced by heavy ridge waste collection vehicles which would collect from the street.

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

2.9.13 Heritage

As discussed in Section 2.1.3, the proposal is satisfactory on heritage grounds.

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

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The proposed development would necessitate the removal of 12 trees from the site. None of these trees to be removed are identified as ‘significant trees’ in accordance with the Tree and Vegetation provisions of the HDCP. The application is supported by an Arboriculture Impact Assessment report prepared by Advanced Tree Consulting that assesses existing trees as exotic and exempt from Council’s Tree Preservation Order.

Council’s assessment of the proposal included a detailed examination of the existing trees on site. It is considered that the removal of the trees is acceptable due to their low retention value.

Two trees located on the site have been identified as worthy of protection (trees T68 and T14). Three trees on the adjoining site are also required to be protected (trees T1, T2 and T3).

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

3.1.2 Stormwater Management

Council has received one submission raising concerns with potential drainage issues from the subject site to the adjoining property at No. 29 Heath Street. The development proposes to connect to Council’s drainage system located in Heath Street via a below ground on-site detention (OSD) system to control discharge of water from the site. Council’s engineering assessment concludes that the OSD system and the drainage system is satisfactory, subject to recommended conditions.

3.2 Built Environment

3.2.1 Built Form

One submission within the surrounding area raises concerns that the proposed development would be out of character. The built form responds to density provision, the existing streetscape and design provisions within the HDCP. The proportions, alignments and articulation provide an appropriate scale relationship between properties and create streetscape interest. The proposed external finishes would provide a variety in built form and blend with the existing developments in the street.

The proposal is acceptable in terms of its density scale and future built form anticipated in the R3 medium density zone.

3.2.2 Traffic

One submission raises concerns with respect to unacceptable traffic from the proposed development. The applicant provided a Traffic and Parking Assessment Report (TPAR) prepared by Terraffic Pty Ltd dated 13 May 2015. The TPAR estimates traffic generation of the existing site and proposed development using RMS data. The net traffic generation is estimated to be 12 vehicle trips in the am/pm peak hours which would not have any noticeable or unacceptable effect on the road network serving the site in terms of road network capacity or traffic-related environmental effect.

Council’s traffic assessment of the development concludes that traffic generation is not considered an issue for the proposed development. The proposal is considered acceptable subject to conditions.

3.3 Social Impacts

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

3.4 Economic Impacts

The proposal would have a minor positive impact on the local economy in conjunction with other new medium 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 4 June 2015 and 18 June 2015, and 28 January 2016 and 12 February 2016 in accordance with the Notification and Exhibition requirements of the HDCP. During these periods, Council received four submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

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

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

· Unacceptable traffic on local streets;

· Development that is excessive in bulk and scale;

· Unacceptable overshadowing of adjoining properties;

· Building height;

· Setbacks/building separation;

· Privacy impact;

· Construction fencing;

· Drainage;

· Out of character;

· Landscaping;

· Location of the site office and site toilet relocated to the far north corner, away from No. 29 Heath Street;

· Future Development of No. 29 Heath Street and its feasibility; and

· Request that the isolated site should be exempt from 30m frontage requirement for future 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 Construction Fencing

One submission has been received questioning if a construction fence would be installed during construction works. A condition of consent has been recommended that a construction fence be installed along all boundaries prior to any works commencing on the site.

5.1.2 Location of the Site Office and Site Toilet

Council has received one submission requesting that the location of the site office and site toilet be placed away from the boundary of No. 29 Heath Street. A condition of consent has been recommended with respect to this request.

5.1.3 Development of No. 29 Heath Street and its Feasibility

Council has received one submission questioning the development potential of No. 29 Heath Street and the feasibility of the concept plan submitted by the applicant. The applicant has submitted a concept plan demonstrating that No. 29 Heath Street can be redeveloped for three multi dwellings. The submitted concept plan is indicative only. A full feasibility study would need to be carried out by the applicant for the site at No. 29 Heath Street to determine the maximum potential for the site.

5.1.4 Request that the Isolated Site should be Exempt from 30m Frontage Requirement for Future Development

It is acknowledged that should Council approve the subject application, property No. 29 Heath Street would be an isolated site with a street frontage less than 30 metres. Medium density housing would still be a permissible form of development on the site. Any future development application for development of the isolated site would be assessed on its merits.

5.2 Public Agencies

The development application was referred to the following Agencies for comment:

5.2.1 RailCorp

The application was referred to Sydney Trains under Clause 85 and 86 of ISEPP. Sydney Trains granted its concurrence to the development proposal subject to conditions.

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 development would be in the public interest.

CONCLUSION

The application seeks approval for the demolition of existing dwellings and the construction of residential flat building comprising of 26 units and basement car parking.

The proposed development is generally in accordance with the development controls for the Asquith Precinct of the HDCP and would contribute to the future desired residential character of the precinct, subject to recommended conditions of consent.

The application is recommended for approval.

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Floor Plans
3.View	Elevation Plan
4.View	Site / Roof Plan
5.View	Concept Plans
6.View	Shadow Plan
7.View	Landscape Plans

File Reference: DA/570/2015

Document Number: D06909841

SCHEDULE 1

GENERAL CONDITIONS

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

1. Approved Plans and Supporting Documentation

Plan No./Title	Drawn by	Dated
Project No. 15/05 – DA-Cover + Site – Rev C	Mackenzie Architects International	09.12.2015
Project No. 15/05 – Dwg No. 100 - Floor Plans – Basement + Ground – Rev C	Mackenzie Architects International	09.12.2015
Project No. 15/05 – Dwg No. 101 – Floor Plans – First + Attic – Rev C	Mackenzie Architects International	09.12.2015
Project No. 15/05 – Dwg No. A200 – Elevations – Elevations + sections – Rev C	Mackenzie Architects International	09.12.2015
LPDA 15 – 416/1 – Landscape Plan – Issue E	Conzept Landscape Architects	30.03.2016
LPDA 15 – 416/2 – Landscape Details – Issue A	Conzept Landscape Architects	12.05.2015
Job No. 150287, Dwg No. APP C – Basement Stormwater Drainage Plan - Rev A	Australian Consulting Engineers	18.12.2015
Job No. 150287, Dwg No. D00 – Cover Sheet, Legend & Drawing Schedule – Rev B	Australian Consulting Engineers	02.03.2016
Job No. 150287, Dwg No. D01 – Basement Stormwater Drainage Plan – Rev D	Australian Consulting Engineers	02.03.2016
Job No. 150287, Dwg No. D02 – Ground Floor Stormwater Drainage Plan – Rev E	Australian Consulting Engineers	02.03.2016
Job No. 150287, Dwg No. Do5 – Site Stormwater Drainage Details Page 1 – Rev E	Australian Consulting Engineers	02.03.2016
Job No. 150287, Dwg No. D06 – Site Stormwater Drainage Details Page 2 – Rev B	Australian Consulting Engineers	02.03.2016
Job No. 150287, Dwg No. D07 – Longitudinal Section Pipeline Extension – Rev A	Australian Consulting Engineers	02.03.2016
Job No. 150287, Dwg No. D10, Erosion and Sediment Control Plan & Details – Rev B	Australian Consulting Engineers	02.03.2016

Document Title/Plan No.	Prepared by	Dated
Arboricultural Impact Assessment	Advanced Treescape Consulting	15.05.2015
Traffic and Parking Assessment Report – Ref 15207	Terraffic Pty Ltd	14.01.2016
Traffic and Rail Noise Assessment – Ref: 2015-199	Acoustic Noise and Vibration Solutions P/L	7.05.2015
Feasibility Study to 29 Heath Street – Drawing No. A401, A402 & A403, – Revision C (3 sheets)	Mackenzine Architects	09.12.2015
Preliminary Geotechnical Assessment (Ref: P1504751JR01V02)	Martens Consulting Engineers	October 2015
Railcorp engineering submission Plan – Drawing No. 1995-S900 – Issue D	HKMA Engineers	31.03.16
Railcorp engineering submission Plan – Details – Drawing No. 1995-S901 – Issue C	HKMA Engineers	31.03.16

2. Removal of Existing Trees

a) This development consent permits the removal of trees numbered T4, T5, T7, T8, T9, T10, T11, T12, T13, T15, T16 and T17 as identified on Arboricultural Impact Assessment prepared by Advanced Tree Consulting dated 15 May 2015.

b) The removal of any other trees requires separate approval in accordance with the Tree and Vegetation Chapter 1B.6 Hornsby Development Control Plan (HDCP).

3. Amendment of Plan

a) To minimise loss of privacy to the adjoining property at No. 29 Heath Street, a 1.5 high solid screen must be erected along the southern side of the balconies of units 14 and 16.

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

4. 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 Principal Certifying Authority (PCA) prior to the issue of a Construction Certificate.

5. Construction Certificate

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

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

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

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

6. Section 94 Development Contributions

a) In accordance with Section 80A(1) of the Environmental Planning and Assessment Act, 1979 and the Hornsby Shire Council Section 94 Development Contributions Plan 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	$8,379.40
Open Space and Recreation	$206,724.35
Community Facilities	$91,118.90
Plan Preparation and Administration	$610.60
TOTAL	$306,833.25

being for 23 additional dwellings and 3 credit dwellings.

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

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

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

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

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

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

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

i) The name of the owner-builder; and

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

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

10. Waste Management Details

The following waste management requirements must be complied with:

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 of 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.

11. Construction Traffic

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

12. Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of No. 29 Heath Street, Asquith.

13. 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 must 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”.

14. Stormwater Drainage

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

a) Connected directly to Council’s street drainage system. Council’s street drainage system is to be extended from the existing drainage point in Heath Street to the development site generally in accordance with plans prepared by Australian Consulting Engineers Job No. 150287.

b) Council’s drainage system be piped to contain the 20 year Average Recurrence Interval storm event and be located under the kerb line.

c) No work is to be commenced on the road reserve until such time as a written approval is obtained from Hornsby Shire Council under the Roads Act.

15. On-Site Stormwater Detention

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

a) Have a capacity of not less than 30 cubic metres, and a maximum discharge (when full) of 46 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 large diameter pipe capable of carrying the design flow to an approved Council system;

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

16. Internal Driveway/Vehicular Areas

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

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

b) The driveway be a rigid pavement.

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.

17. Footpath

The existing footpath across the full frontage of the subject site is to be removed and reconstructed in accordance to 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; and

d) Any public utility adjustments to be carried out at the cost of the applicant and to the requirements of the relevant public authority. Engineering plans are to be approved Council in accordance with the Roads Act prior to the construction of the footpath.

18. 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.

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

19. Noise – Rail Corridor

a) The acoustic report - ‘Traffic and Rail Noise Assessment’ prepared by Acoustic Noise and Vibration Solutions P/L dated 7 May 2015 is to be revised as per the amended plans (Project No. 15/05 - Revision C).

b) The development must be carried out in accordance with the recommendations contained within the revised acoustic report and the requirements of the Department of Planning’s Development Near Rail Corridors and Busy Roads – Interim Guideline and RailCorp’s Interim Guidelines for Applicants.

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

20. 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.

21. Toilet Facilities

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.

iv) be located not closer than 10metres from the side property boundary of No. 29 Heath Street.

22. Tree Protection Requirements

a) Appointment of a Project Arborist

i) The installation and maintenance of tree protection fencing must be in accordance with Australian Standard AS 4970-2009 (1.4.4).

ii) The project arborist must monitor the integrity of the tree protection methods, recording any modifications or alterations to the tree protection zone fencing for the duration of the construction period.

iii) A Project Arborist must submit to the PCA a certification/statement confirming that all tree protection measures have been installed in accordance with this consent and the specific requirements of Australian Standard “Protection of Trees on Development Sites” (AS 4970-2009).

b) Tree Protection Barriers

i) All trees retained on site must have trunk protection and tree protection zone fencing installed in accordance with the Australian Standard AS 4970-2009.

ii) Tree protection zone fencing must be installed prior to the commencement of any works on the site.

c) Tree Protection Zone (TPZ) Fencing

i) Tree protection fencing must be erected around trees numbered 1, 2, 3, 6, and 14 in accordance with HDCP. The fencing must be retained at the following setbacks:

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

d) Protection Fencing Requirements

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

ii) Once erected, the tree protection fencing must not be removed or altered without the prior approval of project arborist.

e) Tree Trunk Protection Requirements

i) To avoid injury or damage, trees numbered 6 and 14 must have their trunks protected by 2 metre lengths of 75mm x 25mm hardwood timbers spaced at 80mm and secured around the trunk with galvanised wire (not fixed or nailed to the tree in any way).

f) Tree Ground Protection

i) All tree Protection Zones must have a layer of wood-chip mulch installed prior to works commencing and must be maintained throughout the period of construction at a depth of 150mm-300mm using material that complies with Australian Standard AS 4454.

23. Erosion and Sediment Control

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

REQUIREMENTS DURING CONSTRUCTION

24. Construction Work Hours

All works on site, including demolition and earth works, must only occur between 7am and 5pm Monday to Saturday.

No work is to be undertaken on Sundays or public holidays.

25. Demolition

a) Demolition material must be disposed of to an authorised recycling and/or waste disposal site and/or in accordance with an approved waste management plan;

26. Construction Traffic Control Plan Compliance

The development must be carried out in accordance with the Construction traffic Control Plan (CTMP) prepared by Terraffic Pty Ltd and dated 14 January 2016.

27. Maintenance of Public Footpaths

Public footpaths must be maintained for the duration of works to ensure they are free of trip hazards, displacements, breaks or debris to enable pedestrian to travel along the footpath safety.

28. Environmental Management

29. Street Sweeping

Street sweeping must be undertaken following sediment tracking from the site along Heath Street, Asquith 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. Landfill

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

31. Excavated Material

32. 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).

33. Waste Management Details

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

a) The identity of the person removing the waste;

b) The waste carrier vehicle registration;

c) Date and time of waste collection;

d) A description of the waste (type of waste and estimated quality);

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

f) The correspondence tip dock/receipt from the site to which the waste is transferred (noting date and time of delivery, description (type and quality of waste); and

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.

34. Works Near Trees

a) Maintenance and Monitoring of Tree Protection

i) All required tree protection measures must be monitored by the appointed project arborist to ensure that they are maintained in good condition for the duration of the construction period.

b) Drilling/Boring to Install Underground Services

i) The installation of any services within the nominated tree protection zone of any tree to be retained must utilise the trust boring method.

ii) Thrust boring must be carried out so that ‘top of pipe’ is minimum 600mm depth beneath existing ground level.

c) The filing or stockpiling of building material, the parking of vehicles or plant, the disposal of cement slurry, waste or other contaminants must be located outside the tree protection zones as prescribed in the conditions of this consent or the prescriptive measures of Part 1B.6.1 Tree Preservation of the HDCP of any tree to be retained.

35. Council Property

36. Disturbance of Existing Site

37. Survey Report

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

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

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

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

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

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.

38. Fulfilment of BASIX Commitments

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

39. Waste Management Details

The following waste management requirements must be complied with:

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

Note: Waste and recycling management facilities includes everything required for on-going waste management on the site. For example the bin storage areas, bulky waste storage area, bin collection area, waste collection vehicle access, etc.

b) The garbage rooms at the ground level must include water or a hose for cleaning, graded floors with drainage to sewer, a robust door, sealed and impervious surface, adequate lightening and ventilation.

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

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

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

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

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

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

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

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

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

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

Note: Ramps between different levels are acceptable.

g) The bin carting route between the bin holding bay/collection area and the truck parking position must be smooth, hard surface with gradient no steeper than 1:20 (5%).

40. Water Saving Urban Design

A Water Saving Urban Design (WSUD) is to be constructed generally in accordance with the engineering report and plans prepared by Australian Consulting Engineers Job No. 15087. The water Quality Targets as detailed within the report and Hornsby Development Control Plan are to be achieved in the design and supported by a MUSIC model.

41. Water Tank

A water tank with a minimum capacity of 3000L is to be designed and constructed generally in accordance with plans prepared by Australian Consulting Engineers Job No. 150287. The water tank is to be connected to all toilets, washing machine and external taps.

42. Certificate 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 Development control Plan.

43. 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. Rectification works must be undertaken prior to the issue of an Occupation Certificate, or sooner, as directed by Council.

44. Boundary Fencing

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

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

45. Creation of Easements

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

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

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

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

46. Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Council for completed road pavement, kerb & gutter, public drainage systems, driveways and on-site detention system. The plan(s) must be accompanied by a certificate from a registered surveyor certifying that all pipelines and associated structures lie wholly within any relevant easements.

47. Preservation of Survey Marks

48. Construction of Engineering Works

All engineering works within the road reserve of heath Street identified in this consent are to be completed and a Compliance Certificate issued by Council prior to the release of the Occupation Certificate or Subdivision Certificate

49. Planter Boxes/On Slab Planting

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

50. Deep Soil Landscaped Areas

The courtyards of units 1, 2 and 3 are to be landscaped with turf or planting within 3m of the rear boundary.

51. Completion of Landscaping

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

52. Retaining Walls

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

OPERATIONAL CONDITIONS

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

54. Car Parking

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

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

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

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

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

55. Landscape Establishment

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

CONDITIONS OF CONCURRENCE – SYDNEY TRAINS

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

56. All excavation and construction works are to be undertaken in accordance with the details, methodology, advice, undertakings and recommendations detailed in the following documents, unless amendments are required by Sydney trains as part of the review and approval/certification of the documentation listed in condition 56:

a) Preliminary Geotechnical Assessment prepared by Martens Consulting Engineers (Ref: P1504751JR01V02) dated October 2015.

b) RailCorp Engineering Submission Plan - Drawing No. 1995-S900 Issue D, dated 31/03/16, prepared by HKMA Engineers.

c) RailCorp Engineering Submission Plan - Details - Drawing No. 1995-S901 Issue C, dated 31/03/16, prepared by HKMA Engineers.

The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that the documentation listed in this condition have not be superseded with the approval/certification of documentation in Condition 52. Should Sydney Trains advise that any of the documentation listed in this condition have not been superseded, then the measures detailed in those specific documents are to be incorporated into the construction drawings and specifications prior to the issuing of the Construction Certificate. Prior to the commencement of works the Principal Certifying Authority is to provide verification to Sydney Trains that this condition has been complied with.

57. The applicant shall prepare and provide to Sydney Trains for approval/certification the following items:

a) Additional information to be provided regarding the existing concrete retaining wall foundations. The depth, extent, founding, footing arrangement, etc. need to be positively confirmed. This information is required to determine as to whether the works will have any impact on the stability of the wall. The Applicant is to contact the Sydney Trains Plan Room to obtain any relevant documentation on this retaining wall.

b) The supporting structural elements of the proposed development are located within 10m of the centreline of the nearest railway track and will need to comply with the requirements of AS5100 for redundancy and collision loads.

c) A Structural Report will be required for the design of the shoring system. This report must contain (as a minimum) an outline of the site constraints, the design approach, assumed design criteria, structural analysis (summary at least) and design outcomes (summary at least).

d) If required by Sydney Trains following the review of the above documents, Monitoring Plan.

Any conditions issued as part of Sydney Trains approval/certification of any of the above documents will also form part of the consent conditions that the Applicant is required to comply with. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming which of the documentation listed in this condition are to now apply and supersede the documentation in Condition A1. The measures detailed in the documents approved/certified by Sydney Trains under this Condition are to be incorporated into the construction drawings and specifications prior to the issuing of the Construction Certificate. Prior to the commencement of works the Principal Certifying Authority is to provide verification to Sydney Trains that this condition has been complied with.

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

59. No rock anchors/bolts are to be installed into RailCorp property or easements.

60. Prior to the commencement of works the Applicant shall peg-out the common property boundary with RailCorp’s land. This work is to be undertaken by a registered surveyor.

61. The Applicant is to submit to Council, for its records, copies of any certificates, drawings or approvals given to or issued by Sydney Trains.

62. During all stages of the development extreme care shall be taken to prevent any form of pollution entering the railway corridor. Any form of pollution that arises as a consequence of the development activities shall remain the full responsibility of the Applicant.

63. Drainage from the development must be adequately disposed of/managed and not allowed to be discharged into the corridor unless prior approval has been obtained from Sydney Trains.

64. Sydney Trains are entitled to inspect the site of the approved development and all structures to enable it to consider whether those structures on that site have been or are being constructed and maintained in accordance with these conditions of consent, on giving reasonable notice to the principal contractor for the approved development or the owner or occupier of the part of the site to which access is sought.

65. Prior to the commencement of works, on the completion of works, or at any time during the works period deemed necessary by Sydney Trains, a joint inspection of the rail infrastructure and property in the vicinity of the project is to be carried out by representatives from the requesting Agency and the Applicant. These dilapidation surveys will establish the extent of any existing damage and enable any deterioration during construction to be observed. The submission of a detailed dilapidation report will be required unless otherwise notified by Sydney Trains.

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

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

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

69. The design, installation and use of lights, signs and reflective materials, whether permanent or temporary, which are (or from which reflected light might be) visible from the rail corridor must limit glare and reflectivity to the satisfaction of the light rail operator. The Principle Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

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

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

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

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

74. Prior to the issue of a Construction Certificate the Applicant is to submit to Sydney Trains the demolition, excavation and construction methodology and staging for review and endorsement. The Principle Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

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

76. Prior to the undertaking of works or the issuing of a Construction Certificate (whichever occurs first), the Applicant must hold current public liability insurance cover for a sum to be determined by Sydney Trains. This insurance shall not contain any exclusion in relation to works on or near the rail corridor, rail infrastructure. The Applicant is to contact Sydney Trains Rail Corridor Management Group to obtain the level of insurance required for this particular proposal. Prior to issuing the Construction Certificate the Principal Certifying Authority must witness written proof of this insurance in conjunction with Sydney Trains written advice to the Applicant on the level of insurance required.

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

78. Prior to the issuing of an Occupation Certificate the Applicant is to submit the as-built drawings to Sydney Trains and Council. The as-built drawings are to be endorsed by a Registered Surveyor confirming that there has been no encroachment into Sydney Trains property or easement. The Principal Certifying Authority is not to issue the Occupation Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

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

80. No scaffolding is to be used facing the rail corridor unless prior written approval has been obtained from Sydney Trains. To obtain approval the proponent will be required to submit details of the scaffolding, the means of erecting and securing this scaffolding, the material to be used, and the type of screening to be installed to prevent objects falling onto the rail corridor. Unless agreed to by Sydney Trains in writing, scaffolding shall not be erected without isolation and protection panels.

81. No work is permitted within the rail corridor, or its easements, at any time unless prior approval or an Agreement has been entered into with Sydney Trains. Where the Applicant proposes to enter the rail corridor, the Principal Certifying Authority shall not issue a Construction Certificate until written confirmation has been received from Sydney Trains confirming that its approval has been granted.

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

- 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

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

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

Tree and Vegetation Preservation

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

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

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

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.

Group Manager’s Report No. PL30/16

Planning Division

Date of Meeting: 11/05/2016

10 DEVELOPMENT APPLICATION - PLACE OF WORSHIP AND CARETAKER'S ACCOMMODATION - 70 NORFOLK ROAD, NORTH EPPING

EXECUTIVE SUMMARY

DA No:	DA/1279/2015 (Lodged on 2 October 2015)
Description:	Alterations to an existing heritage listed dwelling house, adaptive reuse as a place of worship and a caretaker’s accommodation with at grade carpark
Property:	Lot 1 DP 540890, No. 70 Norfolk Road, North Epping
Applicant:	Mr Stephen James Pridham
Owner:	Mr Ian Peter Shirtliff, Mr Mark Samuel Bartlett, Mr Louis Clive Wallace
Estimated Value:	$350,000
Ward:	C

· The application involves alterations to a heritage listed dwelling house and adaptive reuse as a meeting hall for the Epping Gospel Trust, caretaker’s accommodation and carpark.

· The proposal is a permissible use under Hornsby Local Environmental Plan 2013. The proposal does not comply with the NSW Industrial Noise Policy, Council’s Guidelines for Noise and Vibration, NSW EPA Guidelines – Dealing with Neighbourhood Noise and “Noise and Vibration” section of the Hornsby Development Control Plan 2013 due to the proposed operating hours on Sunday.

· 211 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 refused.

RECOMMENDATION

THAT Development Application No. DA/1279/2015 for alterations to an existing heritage listed dwelling house and change of use to a church and a caretaker’s dwelling at Lot 1 DP 540890, No. 70 Norfolk Road, North Epping be refused for the reasons detailed in Schedule 1 of Group Manager’s Report No. PL30/16.

BACKGROUND

On 2 February 1967, Council approved certificate of consent No. 846/1967 for the construction of a building and use as place of worship at No. 23 Forest Grove, Epping. The Epping Gospel Trust was located on this property until recently and accommodated up to 50 attendees. The property has now been approved for redevelopment as a five storey residential flat building requiring relocation of the church.

The subject allotment was created in 1970 pursuant to the subdivision of DP 507638 and accommodates a federation bungalow that was built circa 1915.

On 11 February 2015, a pre-lodgement meeting was held between the applicant and Council officers to discuss the proposal to use the existing building at No. 70 Norfolk Road, North Epping as a place of worship by the Epping Gospel Trust.

The application was lodged with Council on 2 October 2015 for proposed alterations to the heritage listed dwelling house on the site, addition of a separate church prayer hall and at grade parking within the front yard. The initial proposal sought approval for up to 70 attendees.

The application was notified until 4 December 2015. During this period, Council received 151 submissions raising concerns regarding the proposed use and design.

Following an assessment of the proposal, Council raised concerns regarding the impact of car parking on trees, the retention of the peripheral trees and acoustic impacts due to the proposed operating hours. A letter was sent to the applicant on 3 December 2015 requesting amendments.

In January 2016, a meeting was held between Council’s assessment officer, heritage planner and the applicant regarding possible amendments to the proposal to address the concerns raised by submitters and Council.

On 22 March 2016, amended plans were submitted deleting the additional prayer hall, proposing minor extensions to the heritage item and reducing the number of attendees’ car spaces on the site.

The amended plans were notified between 30 March 2016 and 20 April 2016. During this period Council received 59 submissions objecting to the proposal and one submission of support.

The amended proposal is the subject of this report.

SiTE

The subject site is located on the eastern side of Norfolk Road and has a total area of 1609sqm with a frontage of 30.4m to the road. The site is generally flat with a gentle diagonal cross fall of 1.6% from the north-eastern corner (rear) to the south-western corner (front).

Current improvements on the site include a single storey federation style brick dwelling with tiled roof. A brick carport and a workshop are located on the northern side of the dwelling house. A swimming pool is located behind the carport within the rear yard at the north-eastern corner.

The dwelling includes a lounge area, dining and family areas, three bedrooms, two toilets and a laundry. A covered walkway runs along the entire length of the eastern (rear) and part of the northern façade. The covered walkway acts as a semi outdoor area and encloses the grassed private open space to the southern side of the in-ground pool.

The existing dwelling is set back 25m from the front boundary intercepted by an extensive front landscaped garden. A gravel driveway currently provides vehicular access to the dwelling house and the carport.

A number of large existing trees are located along the front and northern boundary of the site effectively screening the dwelling house from the street. A dense hedge at the north-eastern corner screens the site from the adjoining properties.

The property is listed as a heritage item (No.612 - house) of local significance under the provisions of Schedule 5 (Environmental Heritage) of the Hornsby Local Environmental Plan 2013.

The surrounding developments include one and two storey, low density dwelling houses. The battleaxe handle for No. 68A Norfolk Road adjoins the southern boundary of the site. The site boundary steps back at the rear to accommodate the garage and turning area for No. 68A. The dwelling house itself is setback 1m from the rear boundary of the site and is screened by the existing hedge.

The driveway to No. 70A Norfolk Road adjoins the northern boundary of the site. The adjoining dwelling house on the northern side (No. 72) is set back approximately 10m from the carport.

PROPOSAL

The amended proposal seeks approval for the following:

· Internal alterations to the existing dwelling house;

· Adaptive reuse of the dwelling house as a meeting hall for the Epping Gospel Trust, associated facilities and caretaker’s accommodation;

· Addition of a detached unisex disabled toilet on the northern side of the laundry;

· Reuse of the existing swimming pool as an on-site detention/rainwater retention tank;

· Provision of eight car parking spaces along the southern boundary;

· Reuse of the two existing spaces within the carport to provide a total of 10 car spaces within the site including one disabled space;

· Formalisation and extension to the existing gravel driveway to provide two-way vehicular access from Norfolk Road; and

· Stormwater drainage works incorporating stormwater collection from the building and the car parking area to the street drainage system via a collection pit.

Details of the Alterations

The internal alteration works involve the following:

· Remove the existing spiral staircase and re-use the bedroom in front as a library with a restored fireplace;

· Addition of a new door to the library from the entrance hallway and removal of the existing door providing direct access to the family area;

· Remove an internal wall within the family room and demolish the existing kitchen;

· Use the family and kitchen area as the meeting hall for the Epping Gospel Trust;

· The area would facilitate a congregation of a maximum of 40 persons;

· Use the bedroom at the rear as the caretaker’s room;

· Provision of a kitchenette within the existing dining room;

· Reuse the bedroom on the northern side as a store;

· Relocation of two columns within the walkway; and

· Removal of the existing bay window on the eastern facade of the meeting hall, minor alteration to the type of door and addition of a disabled ramp with railings to provide access from the toilet to the meeting hall.

Details of Use

Day	Time	Service	Maximum Attendees	Frequency of Use
Sunday	5:45am – 7:15am	Sacrament	40	Weekly
Monday	6:15pm – 7:30pm	Prayer	40	Weekly
Tuesday- Saturday	No service

ASSESSMENT

1. STRATEGIC CONTEXT

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

The proposed development would be consistent with ‘A Plan for Growing Sydney’, by providing additional services to support a growing population.

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

The subject land is zoned R2 (Low Density Residential) under the HLEP. The objectives of the R2 zone are:

· To provide for the housing needs of the community within a low density residential environment.

· 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 “Place of public worship” 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 8.5m. The existing dwelling has a maximum height of 7.2m and complies with this requirement. The proposal does not change the height of the existing single storey building.

2.1.3 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The property is listed as a heritage item (No.612 - house) of local significance under the provisions of Schedule 5 (Environmental Heritage) of the HLEP. The existing dwelling house at No.70 Norfolk Road is a single storey Federation house in good condition, set in a large well planted garden and built circa 1915. The rear section of the house has been altered previously.

The property is also located within the vicinity of No.80 Norfolk Road (829 – house) and 66X Norfolk Rd (611 - Park) that are listed as heritage items of local significance under the provisions of Schedule 5 (Environmental Heritage) of the HLEP.

As discussed in the ‘Background’ section of this report, the proposal was amended by deleting the single storey prayer hall at the rear and proposing internal works within the heritage listed dwelling house. The amended proposal involves internal alterations to the dwelling house and modifications to the front garden for the carpark. The application is supported by a Heritage Impact Statement. Details of Council’s assessment of the proposal in this regard are provided below.

2.1.3.1 New Work

The proposed new works involve a free standing unisex toilet structure at the rear of the existing building. This addition is small scale and light weight in appearance with a skillion roof. The proposed structure is sympathetic to the style of the existing building.

The bay window at the rear is proposed to be removed and replaced with new glass doors, with an access ramp under the existing rear verandah. This work is located within a previously altered area (bay window). The original line of the verandah and rear of the house would still be visible. No heritage objections are raised regarding the proposed works.

2.1.3.2 Internal Changes

The Heritage Impact Statement (HIS) advises that the removal of the spiral staircase in the library would enable the original proportions of the room to be reinstated. In addition, a new door is to be built from the existing hallway into the northern front room (‘library’). The reinstatement of this room as a formal room is in keeping with the significance of the house. This internal change is considered to have minimal impact on the overall understanding of the heritage item as a residence.

A new kitchen is proposed in the existing dining room located on the southern side of the dwelling. Subject to new services/fittings being sympathetically located, no objections are raised to the relocation of the kitchen. It is noted that the existing fireplace in the dining room is retained and the kitchen relocation would be reversible.

The proposed removal of the internal hallway wall to create the internal prayer hall space, results in a change to the original floor plan. The submitted HIS states that “The removal of the internal wall separating the dining room from the passage and the kitchen removes some of the existing context of this federation bungalow. As such it is proposed to mark on the floor of the prayer hall the original wall locations so that there is a constant reminder of the historical context of the original homestead.”

Further information provided by the applicant includes details of ceiling witness marks to be left at the original location of the wall and the retention of the existing cornice with dummy infill.

Council’s assessment in this regard concludes that this change would be acceptable if the location of the original wall is interpreted, is reversible and does not result in structural alterations to the building. In this regard, the proposed retention of the uppermost part of the wall, including cornices attached to the ceiling on both sides and the marking of the floor is considered acceptable. Should the application be approved, conditions of consent would be recommended requiring the retention of nib walls and submission of a letter from a structural engineer certifying that the removal of the wall has not resulted in structural alterations to the dwelling house.

Conditions of consent would also be recommended requiring the submission of photographic records of all affected external and internal spaces to enable future reinstatement and interpretation of the original detail of the heritage item.

2.1.3.3 Materials and Finishes

Should the application be approved, conditions of consent would be recommended to ensure that the materials and finishes for the proposed toilet block are sympathetic to the style of the heritage item.

2.1.3.4 Garages/Driveway

The existing northern open carport is retained for parking. The existing brown gravel driveway is retained and extended within the front of the house to accommodate visitor car parking. Whilst there is some loss to the grassed area, this impact is considered minimal and reversible. The use of ‘Turf pave’ with grass on top assists in reducing the impact of the additional car parking and driveway areas. The proposed modifications are assessed as satisfactory.

2.1.3.5 Garden/Tree Removal

The majority of the trees and hedges/shrubs on the front, side and rear boundaries would be retained. However, a Flame Tree and a Bird of Paradise plant (in poor health), located within the front setback, are proposed to be removed. Additionally, a medium Camphor laurel tree would also require removal due to the proposed driveway works. The large Camphor laurel trees dominate the front garden and streetscape, as such the removal of the Flame tree, a Bird of Paradise plant and one Camphor laurel would not have an adverse impact on the setting of the item. Tree protection measures are proposed for the trees being retained. The proposal is supported in this regard.

2.1.3.6 Development in the Vicinity

The proposed works to the site would have no adverse impacts on the significance of the heritage items in the vicinity due to location and physical separation.

2.1.3.7 Adaptive Reuse

The use of the site as a place of worship is mainly confined within the existing dwelling house. The proposed adaptive reuse of the house is sympathetic and would have no adverse impact on the significance of the item.

Overall, the proposed additions and use of the site would have minimal impact on the heritage significance of the heritage item and are also reversible.

2.1.4 Earthworks

Clause 6.2 of the HLEP states that consent is required for proposed earthworks on site. The proposal does not involve major earthworks on the site and is assessed as satisfactory in this regard.

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

The application has been assessed against the requirements of State Environmental Planning Policy No. 55 (SEPP 55). This Policy provides State-wide planning controls requiring that consent must not be granted to the carrying out of any development on land unless the consent authority 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. The existing dwelling house on the site is constructed with brick. Therefore, potential for asbestos contamination is minimal. Notwithstanding, considering the age of the dwelling house, appropriate conditions would be recommended to require all asbestos to be removed from the site (if applicable), should the application be approved.

2.3 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

Subject to the implementation of installation of sediment and erosion control measures and stormwater management to protect water quality, the proposal would have minimal potential to impact on the Sydney Harbour Catchment. Should the application be approved, appropriate conditions would be recommended in this regard.

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

2.5 Hornsby Development Control Plan 2013

Hornsby Development Control Plan 2013 – Part 7
Control	Proposal	Requirement	Compliance
Site Width	34.4m	50m (maximum)	Yes
Height	1 storey – 7.2m	2 storeys – 8.5m	Yes
Setbacks	Unchanged as existing	N/A	N/A
Site Coverage	20%	30% max	Yes
Landscaped Area	41.2%	45%	No
Parking	9 spaces – church 1 space – caretaker	9 spaces (@1/ 5 seats + 1/dwelling)	Yes

As detailed in the above table, the proposed development complies with the prescriptive requirements within the HDCP other than landscaped area. A brief discussion on compliance of the proposal with relevant desired outcomes is discussed below.

2.5.1 Site Requirements

The HDCP encourages community uses such as places of worship to be located on sites that have a maximum frontage of 50m, are readily accessible to users, promote the health and safety of the future occupants of the facility and minimise potential land use conflicts. Sites within walking distance of 400m to a public transport facility or other community facilities are considered as preferred locations for establishment of a place of worship.

The site is located on Norfolk Road in the immediate vicinity of Epping Oval and associated community facilities. The site is not located on a battleaxe allotment or in a portion of a street ending in a cul-de-sac and is considered appropriate for use as a place of worship.

The site is within walking distance (1.4km) to Epping Railway Station and a bus stop is located to the south of the site fronting Epping oval.

2.5.2 Scale

The proposed alterations are internal and would not change the single storey scale of the existing building. The development proposal is of a scale, density and intensity that is compatible with the low density residential character of the surrounding locality.

2.5.3 Setbacks

The existing building is setback 25m from the front boundary, complementing the streetscape by a landscaped garden with large trees. The building is setback 9.4m from the northern boundary, 3.5m – 11.5m from the rear boundary and 2.5m to the southern (side) boundary that adjoins a garage.

The proposal would retain the existing setbacks and the landscaped garden in the front. The grassed rear yard and the existing hedges along the north-eastern corner would also be retained. The proposal is assessed as satisfactory with regard to setbacks.

2.5.4 Landscaping

As noted in the above table, the site would include 41.2% of deep soil landscaped area excluding the paved areas and carpark. Given that the site is to be used for a non-residential purpose that requires car parking, the non-compliance is considered to be minor and acceptable. As such 664sqm of grassed and landscaped area is proposed, which is considered sufficient to suit the use.

The proposed carpark on the southern side would be laid on the pavers known as “Turf Pave”. A document submitted with the application certifies the suitability of turf pave as a car park area and deep soil. The site would include over 45% of deep soil landscaping, should this area be included. Given that the proposed use would only require car parking two days every week, this is considered satisfactory.

The proposal maintains the existing landscaped setting of the site, the landscape screen to the front yard and the setbacks to the existing building and is assessed as satisfactory.

2.5.5 Privacy and Security

The proposed use would be confined within the existing building to reduce potential privacy impacts on the adjoining neighbouring properties. The building does not directly adjoin any residential development, except at the rear. Existing hedges and fences along the boundaries provide satisfactory level of privacy to the residents of the adjoining developments.

The proposed use is low key and would be restricted to within the existing dwelling house. Accordingly, no concerns are raised with regards to privacy.

2.5.6 Vehicular Access and Parking

Vehicular access to the site is via the 4.04m wide existing driveway off Norfolk Road. A new parking area with 8 spaces is proposed along the southern boundary. The driveway widens within the site to provide access to the existing carport along the northern boundary of the site. Council’s engineering assessment with regard to width of the driveway, turning areas and parking spaces concludes that the proposal is satisfactory.

2.5.7 Acoustics

The proposal has been considered having regard to the “Noise and Vibration” requirements of the HDCP which requires that developments be managed to minimise noise impacts on the neighbouring properties.

The proposal does not comply with the requirements of the HDCP, given that the proposed use would commence at 5:45am on every Sunday. The proposal is recommended for refusal due to unacceptable operating hours and noise amenity impacts.

The matter is discussed in detail in Section 3.2.2 of this report.

2.6 Section 94 Contributions Plans

Hornsby Shire Council Section 94A Contributions Plan 2012 – 2021 would not apply to the proposed development as it is for the sole purpose of the adaptive reuse of an item of environmental heritage.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The proposed development would necessitate the removal of three trees from the site, located within the front setback, to facilitate the extension of the driveway.

The trees proposed to be removed are not identified as significant and no objections are raised to their removal. The application is supported by an Arborist Report that proposes appropriate measures to protect the trees to be retained.

Subject to the implementation of recommended conditions regarding tree protection, the proposal would not have any adverse impact on the natural environment of the locality.

3.1.2 Stormwater Management

The proposal involves the conversion of the existing swimming pool to an on-site detention tank and to drain the site to the Council controlled drainage system within Norfolk Road via this tank. Council’s engineering assessment in this regard concludes that the proposal is satisfactory subject to recommended conditions, should consent be granted.

3.2 Built Environment

3.2.1 Built Form

As discussed in the previous sections of this report, the proposal does not alter the built form and external appearance of the existing heritage item. Consequently, the proposal would not have any adverse visual impact on the locality.

3.2.2 Noise

The proposal seeks approval for the following operating hours:

Day	Time	Service	Maximum attendees	Frequency of use
Sunday	5:45am – 7:15am	Sacrament	40	Weekly
Monday	6:15pm – 7:30pm	Prayer	40	Weekly
Tuesday- Saturday	No service

A Noise Assessment Report supporting the proposed operating hours has been submitted with the application. The report provides an assessment of the potential noise impacts of the use and the carpark on the nearby residential uses. The report states that the noise potentially generated by the site would mainly consist of:

· Noise from the use of the facility;

· Noise emissions from the use of the carpark;

· Additional traffic on surrounding streets; and

· Noise emissions from the mechanical plant servicing the development.

The sensitive noise receivers surrounding the development are identified to be the two dwelling houses at No. 68A and No. 72 Norfolk Road. The report provides a table detailing the measured background noise levels on Sunday at 5:30am and in the evenings until 7:45pm. The noise emission levels from the proposed use and the carpark are predicted having regard to the NSW Industrial Noise Policy (INP), (Intrusiveness and Amenity Criteria) and based on the following assumptions:

· The internal noise level within the room up to 75dB(A)Leq;

· The entry door and the doors to the main hall are closed during services;

· There is up to 10 car movement (maximum capacity) per 15 minutes;

· Cars are assumed to have a sound power level of 84dB(A)Leq when manoeuvring; and

· Recommended acoustic treatments are adhered to.

The report concludes that the predicted noise emissions levels due to the proposed use and the car movements within the parking area are well below (4dB to 5dB) the intrusiveness and amenity noise emissions goals at all nearby developments.

A sleep disturbance assessment in relation to car movements, between 5:30am and 7am has been included, based on the following assumptions:

· Cars stop at carpark and door closed;

· The typical door close noise levels SEL 71dB(A) @ 5m distance (noise data obtained from other developments);

· Cars start at carpark. The typical car start noise levels are SEL 67dB(A) @ 5m distance (noise data obtained from other developments); and

· Recommended acoustic treatments are adhered to.

The report concludes that the noise emanating from the carpark use between 10pm and 7am would be compliant with the noise emission goals at all nearby developments.

The submitted report also includes an assessment of the increase in traffic noise on Norfolk Road in front of the development based on the additional vehicular trips (maximum 20) predicted by the Traffic Report and concludes that the predicted noise levels would comply with the relevant criteria. Cars are assumed to have a sound power level of 94dB(A) when driving at an approximate speed of 40km/hour.

The report states that Intermittent Noise (as defined by the INP) would not apply to the proposed church operations and activities.

Additionally the report includes the following recommendations:

· A 1.8m high solid fence should be installed along the northern site boundary adjacent to the carpark. These barriers can be made by fibre cement, timber or the like;

· All doors and windows shall remain closed during operation except when people use doors to enter and exit the development before and after the meetings/ceremonies;

· Windows/doors shall be installed and consist of minimum 4mm float glass with a minimum STC of 27; and

· No amplified music is allowed within the site.

The applicant also submits that the proposed use was on-going at No.23 Forest Grove, Epping which was also a low density area previously. The hours of operation were the same as proposed. No noise complaints have been received due to the use. The current proposal is based on an on-going use in a similar locality.

Council’s assessment of the submitted Acoustic Report concludes the following:

· The site is located in a low density residential area with three adjoining dwelling houses in close proximity;

· The proposed use would trigger car movements within the site as early as 5:30am on a Sunday to access the carpark;

· To comply with the noise criteria, the submitted Noise Assessment Report relies on a maximum of 40 people attending the site in 10 vehicle movements;

· The Traffic Report assumes that 3.9 people would be travelling in each car to the venue and therefore, only 10 spaces would be needed;

· The above assumptions are considered unreasonable at 5:45am in the morning as the proposal does not indicate any methods of restricting the numbers to 40, the number of cars to 10 or managing noise generation within the carpark;

· Should car parking overflow on to the street, noise disturbance to neighbours is likely to occur;

· The activity would be restricted to the room within the dwelling house, however, noise generated by parishioners entering and exiting the building before and after the use cannot be controlled;

· Intermittent Noise is defined by the INP as follows:

“…the level suddenly drops to that of the background noise several times during the assessment period, with a noticeable change in noise level of at least 5 dB.”

It is considered that the Intermittent Noise is subjectively assessed and would apply to the proposed development given the car movements within the parking area, parishioners getting in and out of the cars and doors closing. The submitted report does not take Intermittent Noise into account;

· Certificate of Consent No. 846/1967 granted consent for the construction of a building and use as place of worship at No. 23 Forest Grove. Whilst the consent does not include any specific conditions, the documents submitted with the development application indicate that the proposal sought approval for the congregation of 50 people on site on Sundays between 9am and 3pm, Monday evenings between 7pm and 8:30pm and Thursday/Friday between 7pm and 9pm. Accordingly, Council did not grant consent to use the site at 5:45am on Sunday. Despite the applicant’s argument that noise complaints have not been received, Council is unable to verify the earlier morning use of the site.

Norfolk Road is not a classified road and does not attract truck or vehicle movements at all times during weekends. The proposed use is located in a quiet residential area. Based on similar acoustic assessment reports and results regarding car movements within the industrial or commercial areas adjoining low density residential areas, it is considered that the movement of 40 people and a minimum of 10 cars within the premises at 5:45am in the morning would generate sleep disturbance to the neighbouring properties and detract from the residential amenity of the area, despite the numerical compliance with the Intrusiveness and Amenity Criterion demonstrated in the Acoustic report.

Both the entry and exit time (being 5:45am and 7:15am) coincide with the night time period (until 8:00 am Sundays) pursuant to the NSW Industrial Noise Policy, Hornsby Shire Council Policy and Guidelines for Noise and Vibration and NSW EPA Guidelines – Dealing with Neighbourhood Noise. Council’s Policy specifically requires churches to commence operation after 8:00am on Sundays to reduce noise impacts on the surrounding neighbourhood, except on specific religious occasions.

Section 1C.2.5 Noise and Vibration of the HDCP requires that “Development be designed and managed to minimise noise and vibration impacts on the occupants of residential dwellings and other noise sensitive land uses.”

The HDCP states that in addition to physical noise mitigation measures, noise impact management measures should be used to further limit potential noise impacts on sensitive landuses such as:

· Scheduled times to undertake noise generating activities and/or use of noise generating machinery, and

· Reasonable hours of operation including delivery hours.

An appropriate management mechanism cannot be developed for a mass congregation relating to a place of worship to restrict noise generated within the premises, in accordance with the above requirement. Accordingly, the proposed operating hours of the premises are not considered acceptable due to the potential noise and amenity impacts on the neighbouring properties.

Council has raised concerns in regard to the operating hours and requested that the operation of the church commence after 8am on Sunday. However, the applicant has not agreed to the amended hours. Accordingly, refusal of the application is recommended due to the adverse noise and amenity impacts of the proposed hours of use.

3.2.3 Traffic

The proposed development would front Norfolk Road that has a carriageway consisting of two traffic lanes, two dedicated cycle lanes and two parking lanes on both sides. A pedestrian refuge is provided just south of the site near the entrance to Epping Oval.

The proposed development is supported by a Traffic and Parking Assessment. The report estimates that the proposed development would generate a maximum of 10 vehicle trips to, and from, the site during services.

Council’s engineering assessment of the traffic impacts concludes that the above volume of traffic is relatively minor and Norfolk Road would continue to operate at an acceptable ‘Level of Service B’ as defined by Austroads.

The submitted Traffic Report has surveyed vehicle occupancy at six places of worship and found the average equivalent vehicle occupancy of 3.9 parishioners per vehicle. It is noted that equivalent vehicle occupancy takes into account other modes of transport such as walking and cycling. Considering the above vehicle occupancy rate, the proposed on-site parking of 10 spaces is considered to be acceptable for the congregation of 40 people.

However, given that the place of worship would operate at 5:45am in the morning, it is likely that the vehicle occupancy rate would be much less and that the number of cars accessing the premises would be greater than 10 at that time of the day. Notwithstanding, there would be negligible traffic flow on Norfolk Road during the early hours of morning on Sunday. Therefore, the additional cars would have minimal impact on the overall traffic network of the locality during the proposed operating hours on Sunday.

Subject to the maximum number of parishioners to be limited to 40, the proposed development would not have any negative impact on the on-going operation of Norfolk Road and would not reduce the safety of the road.

The application is assessed as satisfactory in this regard.

3.3 Social Impacts

The proposal would have a positive social impact by providing an additional service to support the community. However, the proposed hours of operation would have a negative social impact on the locality.

3.4 Economic Impacts

The proposal would not have a negative economic impact on the locality.

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. However, the proposed hours of operation of the church would result in an adverse impact on the amenity of the neighbouring properties, such that the site is not considered to be suitable for the development in its current form.

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 21/10/2015 and 4/12/2015 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received 151 individual submissions objecting to the development from residents of 133 properties and a petition signed by 9 residents.

The amended plans were renotified between 30/03/2016 and 20/04/2016. During this period, Council received a further 58 submissions objecting to the development from residents of 47 properties, one submission from Mr. Damien Tudehope, MP and one submission supporting the development (from a member of the Epping Gospel Trust).

The map below illustrates the location of the nearby landowners who made a submission.

NOTIFICATION PLAN
• PROPERTIES NOTIFIED	X SUBMISSIONS RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT
87 submissions without address 44 submissions out of map range

211 submissions objected to the development, generally on the following grounds:

· The development would result in unacceptable traffic on Norfolk Road;

· Parking overflow on to Epping Oval due to the congregation;

· Unacceptable noise from activities at the place of worship and amplified music;

· The site is not suitable for the use;

· The proposed hours of commencement, being at 5:45am on a Sunday would adversely impact on the neighbouring properties due to noise;

· The proposed place of worship would be located near a pedestrian crossing and would reduce the safety of the users of the road;

· The development would have an adverse impact on the heritage listed dwelling house;

· The number of people proposed to congregate at the venue is unacceptable;

· The users have not consulted with the community prior to lodgement of the application;

· The modification to the front garden to accommodate the carpark would have adverse visual impact on the streetscape;

· The potential removal of the existing hedges would result in adverse privacy impacts on neighbouring properties;

· The proposal is an overdevelopment for the site;

· Significant trees would be removed due to the location of the car park;

· Installation of a 1.8m high fence along the southern boundary would destroy the existing hedges;

· The development has lesser setbacks than what is prescribed in the Hornsby Development Control Plan 2013;

· The proposal would devalue surrounding properties;

· The development would adversely impact upon the evacuation procedures along Norfolk Road in case of an emergency;

· The plans include incorrect property numbering;

· Information regarding the applicant has been withheld;

· Incorrect Heritage Impact Statement has been submitted;

· The proposed excavation works would destroy the front garden;

· The structural integrity of the prayer hall cannot be guaranteed as it would be built over an in-ground pool;

· The boundary fences should be replaced;

· The use of the building as a caretaker’s residence is unclear;

· Details of the use of the prayer hall have not been provided;

· Turf pavers are not suitable for car parking;

· The proposed acoustic fence is out of character with the locality;

· There is no mechanism of ensuring that only 40 people would attend the congregation in 10 cars at all times;

· Stormwater cannot be discharged on to the street as Norfolk Road does not have a drainage system.

The submission in support of the development states that the use has continued within another residential area for the past 40 years without any noise complaints. Therefore, it would have no impact on the amenity of the neighbouring properties.

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

5.1.1 Incorrect information

The errors in the submitted reports have been corrected. The amended information is assessed as satisfactory.

5.1.2 Emergency evacuation

The site does not constitute bushfire prone land. The use would only be conducted on the site for a few hours, two days a week. It would not have any impact on the emergency evacuation procedures for Norfolk Road (if any).

5.1.3 Structure of the prayer hall

The prayer has been deleted. Therefore, the objection is not relevant.

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 application is not considered to have satisfactorily addressed Council’s criteria with regard to the acoustic impacts on the adjoining developments. Therefore it would not 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 not be in the public interest.

CONCLUSION

The proposal seeks approval for internal alterations and adaptive reuse of a heritage listed dwelling as a place of worship for 40 people and a caretaker’s residence. The proposal also involves the construction of an at grade carpark within the front garden to accommodate 10 cars on site.

The proposal is consistent with the provisions of Hornsby Local Environmental Plan 2013 and the Hornsby Development Control Plan 2013 having regard to the proposed alterations to the heritage item and the use. However, the proposed operating hours (being 5:45am to 7:15am on a Sunday) do not comply with the NSW Industrial Noise Policy, Hornsby Shire Council Policy and Guidelines for Noise and Vibration, NSW EPA Guidelines – Dealing with Neighbourhood Noise and Section 1C.2.5 of the Hornsby Development Control Plan 2013.

It is considered that the proposed use would be conducted at a time that would have adverse impacts on the amenity of the surrounding residences and the locality.

Having regard to the above, the site is not considered to be suitable for the development in its current form and refusal of the application is recommended.

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Existing Site and Floor Plan
3.View	Proposed Site and Floor Plan
4.View	Detailed Floor Plan
5.View	Elevation Plan
6.View	Landscape Plan

File Reference: DA/1279/2015

Document Number: D06912307

SCHEDULE 1

REASONS FOR REFUSAL

1. Pursuant to the provisions of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979, the proposal does not comply with the ‘Section 1C.2.5 – Noise and Vibration’ controls of the Hornsby Development Control Plan 2013, as the proposed development would result in noise and vibration impacts on the occupants of residential dwellings in the neighbourhood due to the proposed operating hours on Sundays.

2. In accordance with Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, the site would have an adverse impact on the built environment of the locality as both the entry and exit time (being 5:45am and 7:15am) coincide with the night time period (until 8:00 am Sundays) pursuant to the NSW Industrial Noise Policy, Hornsby Shire Council Policy and Guidelines for Noise and Vibration and NSW EPA Guidelines – Dealing with Neighbourhood Noise. No management system has been proposed to restrict the noise relating to a congregation of 40 people at 5:45am on Sundays.

3. Pursuant to Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, approval of the development would set an undesirable precedent for further inappropriate development and would not be in the public interest.

- END OF REASONS FOR REFUSAL -

Group Manager’s Report No. PL11/16

Planning Division

Date of Meeting: 11/05/2016

11 DEVELOPMENT APPLICATION - TWO STOREY DWELLING HOUSE AND DETACHED SECONDARY DWELLING - 41A CARDINAL AVENUE, BEECROFT

EXECUTIVE SUMMARY

DA No:	DA/1550/2015 (Lodged 27 November 2015)
Description:	Construction of a two storey dwelling house and detached secondary dwelling on a vacant allotment.
Property:	Lot 21, DP1213782, No. 41A Cardinal Avenue, Beecroft.
Applicant:	Wincrest Group Pty Ltd
Owner:	Ms Yifei Xu
Estimated Value:	$550,000
Ward:	C

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

· The applicant has made a submission in accordance with Clause 4.6 ‘Exceptions to Development Standards’ of the Hornsby Local Environmental Plan (HLEP) 2013 to vary the 8.5 metre height development standard. The submission is considered well founded and is supported.

· Four submissions have been received objecting to the application including one submission from the Beecroft Cheltenham Civic Trust Inc.

· 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.

RECOMMENDATION

THAT Council assume the concurrence of the Secretary of the Department of Planning and Environment pursuant to Clause 4.6 of the Hornsby Local Environmental Plan 2013 and approve Development Application No. DA/1550/2015 for the construction of a two storey dwelling house and detached secondary dwelling at Lot 21, DP 1213782, 41A Cardinal Avenue Beecroft, subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL11/16.

BACKGROUND

On 2 June 2010, Council approved a development application DA/723/2009 for the subdivision of one lot into two lots and the construction of a dwelling house on Lot 2, DP 584894, No. 41 Cardinal Avenue, Beecroft. The dwelling house would be constructed on the newly created lot identified as No. 41A Cardinal Avenue, Beecroft at a maximum height of 8 metres. Seven trees would be retained.

On 2 September 2011, Council approved a Section 96(1A) application to stage the construction of the development. The first stage of the application for the subdivision of the lot was finalised and a Subdivision Certificate issued on 25 August 2015. The construction of the dwelling house approved under DA/723/2009 (Stage 2), has not commenced.

Development Application No. DA/1550/2015 was lodged on 27 November 2015 and during the exhibition period, four submissions were received raising concerns with respect to tree protection, drainage and the percentage of landscaped area. Council’s preliminary assessment of the proposal noted that the dwelling, at a proposed height of 9.3 metres, did not meet Council’s maximum 8.5 metre height requirement under the HLEP 2013 and HDCP 2013.

At Council’s request, amended plans were submitted on 31 March 2016. The amended plans showed that approximately 2.2% of the roof from street view reached a maximum height of 9.5 metres.

On 8 April 2016, a Clause 4.6 variation to the height standard was submitted to Council.

SITE

The site has an area of 680m²and is located on the western side of Cardinal Avenue Beecroft. The site is a rectangular shaped allotment with a frontage of 18.3 metres to Cardinal Avenue and a depth of 36.9 metres. The site slopes moderately towards Cardinal Avenue with an average fall of 6 metres.

The site is burdened by a 2 metre wide right of access and drainage easement that runs along the southern portion of the site providing access and services to the battle-axe property at the rear. The site is currently vacant.

The site and adjoining properties, contains a number of individually significant trees including a group of trees, which are part of the Sydney Blue Gum High Forest. The site is also locaqted in a mapped Endangered Ecological Community (EEC).

The site is located within the North West Rail link corridor which passes under the subject site.

The surrounding development is typified by an eclectic blend of one and two storey dwelling houses of disparate style and age surrounded by well-established landscaped areas.

PROPOSAL

The application proposes the construction of a dwelling house and secondary dwelling.

The primary dwelling would comprise the following:

Lower Ground Floor Level:

Two car garage

Ground Floor Level:

Family and dining area, kitchen, lounge room, study, laundry and an alfresco area attached to the western elevation.

First Floor Level:

Four bedrooms, bathroom, ensuite a living area and a balcony attached to the eastern elevation.

The secondary dwelling would comprise a living, kitchen and dining area, two bedrooms and a bathroom.

The application proposes the removal of three trees from the site.

ASSESSMENT

1. STRATEGIC CONTEXT

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

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

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

The subject land is zoned R2 Low Density Residential under the HLEP. The objectives of the zone are:

· To provide for the housing needs of the community within a low density residential environment.

· 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 “dwelling” and “secondary dwelling”. A “dwelling” is permissible in the R2 zone with Council’s consent and “secondary dwelling” is permissible in the R2 Zone pursuant to the provisions of the State Environmental Planning Policy (Affordable Rental Housing) 2009.

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 8.5 metres. The proposal does not comply with this provision and a Clause 4.6 Exception to the development standard has been submitted.

2.1.3 Exceptions to Development Standards

Clause 4.6 of the HLEP provides flexibility in the application of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objectives of the zone.

The proposal exceeds the maximum permissible height of 8.5 metres as prescribed in Clause 4.3 of the HLEP and the height of buildings map.

The applicant has made a submission in support of a variation to the development standard in accordance with Clause 4.6 of the HLEP. The development application seeks to vary the development standard by 1 metre or by 11.7%. The applicant states the proposed variation is considered to be consistent with the objectives of the control and is justified as follows:

· The proposed development would be consistent with the zone objectives of R2 Low Density Residential by providing low density type residential accommodation to meet the needs of the community. The development would result in a dwelling and secondary dwelling with ancillary facilities.

· The proposed development would be consistent with the objectives of the height standard prescribed in Clause 4.3(1)(a) of the HLEP. The site has a natural fall of 8.2 metres to the street which results in a small portion of the roof at the front of the dwelling to exceed 8.5 metres. To maintain the integrity of the design and achieve good amenity for the internal habitable areas, the design allows for a floor to ceiling height of 2.45 metres.

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

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

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

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

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

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

The applicant’s submission to vary the 8.5 metres height development standard is considered well founded for the following reasons:

· The proposal is consistent with the objectives of Clause 4.3 of the HLEP height standard;

· The site is affected by a considerable slope which influences compliance with the building height, therefore, the variation to the height is not unreasonable;

· The purpose of the standard would be defeated if compliance was required as this would alter the amenity of the design and require disruption to the natural ground in the form of extensive excavation;

· Compliance with the development standard for the building height has been accepted by Council in granting consent for past developments requesting a variation to the height. The submission to Council dated 7 April 2016 by Urbanesque Planning gives a detailed description of recent Land Environmental Court judgements where Clause 4.6 variations have been accepted based on unique circumstances. The decision of a recent LEC case in January 2015, Four2Five vs Ashfield Council noted that it is the consent authorities’ obligation to be satisfied that the applicant’s written request is adequate and compliance with the standard is unreasonable in the circumstance and that there are additional environmental planning grounds that warrant the exceedance of the standard.

· A more recent LEC decision in Micaul Holdings Pty Limited v Randwick City Council (2015) approved a residential flat building with a 55% exceedance to the maximum height requirement due to the steep topography of the site and the fact that is was flood affected.

· The dwelling house approved under DA/723/2009 required a cut of 2 metres to accommodate a basement garage level plus two-storey dwelling whilst also retaining 3 native trees to the rear of the approved dwelling. The approved cut of 2 metres allowed the dwelling to comply with Council’s maximum height requirement of 8.5 metres. The dwelling approved under DA/723/3009 was approved at approximately 8 metres in height.

· The variation to the development standard in terms of the overall height proposed under DA/1550/2015 is considered to be reasonable with respect to the natural ground levels and would be a better environmental outcome given that the extent of excavation would only be 1.2 metres.

· Compliance with the height standard would require greater depth of excavation and result in a detrimental environmental outcome for the site that is characterised by unique topography which slopes significantly to the street.

· In light of the previous LEC decision which accepted Clause 4.6 of variations of greater than 10%, the variation of 1 metre (2.2% of the main roof area that exceeds the 8.5 metre maximum) in this instance is considered to be minor and acceptable.

Accordingly, the Clause 4.6 submission is supported.

2.1.4 Heritage Conservation

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

The site is not a heritage item, is not in the vicinity of a heritage listed item and is not located in a heritage conservation area. Whilst Cardinal Avenue is identified as having street trees of heritage significance, these would not be impacted by the development.

The development would have acceptable heritage impacts.

2.1.5 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 proposal would include a maximum of 1.2 metres of excavation to accommodate the primary dwelling. Council’s assessment of the proposed works and excavation concludes that the excavation would be minimal. The excavated material would be used as fill for the garage and rear alfresco area. There would be minimal detrimental impact on the environment, neighbours or features of the surrounding land.

2.2 State Environmental Planning Policy (Affordable Rental Housing) 2009

State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPP ARH) was introduced by the NSW State Government to increase the supply and diversity of affordable rental and social housing in NSW. It covers housing types including villas, townhouses and apartments which contain an affordable rental housing component, along with secondary dwellings (also known as granny flats), new generation boarding houses, group homes, social housing and supportive accommodation.

Division 2 of the Policy outlines the standards for Secondary Dwellings. Clause 18 of the policy defines a “secondary dwelling” to be a self-contained dwelling that:

a) is established in conjunction with another dwelling (the principal dwelling), and

b) is on the same lot of land (not being an individual lot in a strata plan or community title scheme) as the principal dwelling, and

c) is located within, or is attached to, or is separate from, the principal dwelling.

The proposed secondary dwelling would be established in conjunction with the proposed principal dwelling on the site and satisfies the above definition.

Clause 20 of the Policy outlines the zones in which secondary dwellings are permissible. The site is located within the R2 Low Density Residential zone, which is listed in the Policy as a zone where secondary dwellings are permissible. Therefore, the proposal is permissible within the R2 land use zone.

The following table sets out the proposal’s compliance with the development standards as prescribed for secondary dwellings under Clause 22 and Schedule 1 of SEPP ARH:

State Environmental Planning Policy (Affordable Rental Housing) 2009
Standard	Proposal	Requirement	Complies
Site Area	680m²	450m²	Yes
No. of Dwellings	2	2 (Max)	Yes
Floor Area - Principal Dwelling - Secondary Dwelling - Total	258m² 56m² 314m²	60m² 430m²	Yes Yes
Parking - Principal Dwelling - Secondary Dwelling	2 0	2 No additional parking required	Yes Yes
Site Cover (all development)	35%	50%	Yes
Setbacks (for Complying Development)
Side (northern boundary)	1m	0.9m	Yes
Side (southern boundary)	7.8m	0.9m	Yes
Rear (western boundary)	2.9m	3m	Yes
Height	4m	8.5m	Yes
Private Open Space	>24m² and minimum 4 metre wide	24m² and 4m wide	Yes
Landscaped Area Total	43%	35%	Yes

As indicated in the above table, the proposed secondary dwelling complies with the development standards under the SEPP ARH. The approval for the secondary dwelling alone had the potential to be sought under Schedule 1 of the SEPP ARH as ‘complying development’. However, the removal of significant trees on site requires further assessment against Part 1B.6 Tree and Vegetation Preservation of the HDCP 2013 which would not comply with development standards of schedule 1.

2.3 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

2.4 State Environmental Planning Policy (Infrastructure) 2007

The application has been assessed against the requirements of State Environmental Planning Policy (Infrastructure) 2007 as the proposal is within the North West rail link corridor.

Clause 103 requires the consent authority to consider the impact of excavation within proposed rail corridor. As the excavation works proposed are less than 3 metres below ground level the application was not notified to RailCorp.

2.5 SEPP (Exempt and Complying Development) – 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 propped dwelling exceeds the maximum height requirement of 8.5 metres and proposes the removal of 5 trees at the rear of the site. The site is also mapped in an area identified as Endangered Ecological Community (EEC).

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

2.6 SEPP (Building Sustainability Index: BASIX) 2004

In accordance with the State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, a BASIX certificate is required for new dwellings. A BASIX certificate for the proposed principal dwelling and the secondary dwelling was submitted with the application. A condition has been recommended for the proposal to satisfy the BASIX commitments pertaining to the development.

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

2.8 Hornsby Development Control Plan 2013

HDCP – Part 3.1 Dwelling Houses
Control	Approved DA/723/2009	Proposal	Requirement	Complies
Site Area	680m²	680m²	N/A	N/A
Building Height	8m	9.5m	8.5m	No
No. storeys	2 storey + subfloor garage	2 storey + subfloor garage	max. 2 + attic	Yes
Site Coverage - Total	15%	35%	50%	Yes
Floor Area	FSR 0.35:1	Sub Floor – 34 m² Ground Floor – 111 m² First Floor – 13 m² Total – 258m²	380m²	Yes
Setbacks
- Front (eastern boundary)	6.2m	6.3m	6m	Yes
- Side (northern boundary)
Ground floor	1m	1.57m	900mm	Yes
First floor	1m	1.57m	1.5m	Yes
- Side (southern boundary)
Ground floor	8m	7.4m	900mm	Yes
First floor	8m	7.4m	1.5m	Yes
- Rear (western boundary)
Ground floor	18m	14m	3m	Yes
First floor	18m	17m	8m	Yes
Landscaped Area (% of lot size)	74%	43%	30%	Yes
Private Open Space (principal dwelling)
- minimum area	270m²	Alfresco - 18m² Landscaped area – 60m²	24m²	Yes – justified below
- minimum dimension	>3m	3m	3m	Yes
Car Parking	2 spaces	2 spaces	2 spaces	Yes

As detailed in the above table, the proposal complies with the prescriptive requirements of Parts 1 and 3 of the HDCP. A discussion on compliance with the relevant desired outcomes and issues raised in submissions are outlined below.

2.8.1 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 9.5 metre building height of the proposal is a variation of 1 metre to the 8.5 metre prescriptive measure of Part 3.1.1 Scale. As discussed in section 2.1.3 of this report, the variation to the height requirement in this instance would have negligible environmental and amenity impacts and is considered acceptable.

Additionally, the proposed two storey dwelling-house and sub-floor garage would be consistent with the surrounding two-storey development in the local area and the loss of sunlight and privacy in relation to adjoining properties would be within reasonable limits. These impacts are discussed in more detail under the headings “Privacy” and “Solar Access.”

2.8.2 Landscaping

One objection has been received raising concerns regarding the calculated landscaped area shown on the plans.

Council’s assessment has determined that the landscaped area would be 43% of the site which complies with the 30% prescriptive measure of Part 3.1.3 Landscaping of the HDCP.

Submissions raise concerns regarding the removal of three significant trees which were approved to be retained in the previous development application (DA/723/2009) and insufficient compensation for the loss of these trees. Council’s assessment report of DA/723/2009 stated that:

“The proposal includes the retention of the two large Sydney Blue Gums (Eucalyptus saligna) located within the Council’s reserve at the front of the site that form part of the Blue Gum High Forest Critically Endangered Ecological Community under the Threatened Species Conservation Act 1995.

The proposal involves the retention of two large Spotted Gums (Corymbia maculata) and one introduced native Tallowwood. The proposed location of the dwelling and efforts to restrict the size of the building footprint ensures these trees would not be significantly impacted upon providing the applicant adheres to the conditions of consent during construction.”

Subsequent to this, condition No.2 of DA/723/2009 stated:

“2. Removal of Existing Trees

This development consent only permits the removal of trees numbered T4, T10, T11, T12, T13, T14, T15 and T16 as identified within the Schedule of Surveyed Trees prepared by Urban Forestry Australia on 25 September 2008 and the associated Tree Location Plan. The removal of any other trees requires separate approval under Council’s Tree Preservation Order.”

Since the adoption of the Hornsby Development Control Plan (HDCP) in 2013, the tree species Spotted Gum and Tallowwood have been deleted from Council’s Tree Preservation Order (TPO) and are not listed as indigenous under Part 1B.6.1 Tree and Vegetation Preservation of the HDCP. Council’s assessment notes that whilst these trees are large and healthy, they are exempt under Council’s TPO and can be removed without Council consent.

Consent is recommended for the removal of these trees together with two non-indigenous trees (Ulmus and Camellia) in the north-west corner of the site.

To compensate for the loss of these trees, a condition is recommended requiring the planting of three replacement trees selected from Table in Part 1B.6(b) Tree Species Indigenous to Hornsby Shire, including species indicative of the mapped Blue Gum High Forest.

A further condition is recommended to protect a jacaranda (numbered “T6” on the Tree Site Plan) on the adjoining property by providing tree protection fencing.

The proposal meets the desired outcomes of Part 3.1.3 Landscaping of the HDCP and is considered acceptable.

2.8.3 Open Space

The desired outcome of Part 3.1.4 Open Space of the HDCP element is to encourage “private open space that functions as an extension to the dwelling house.”

The prescriptive measures of Part 3.1.4 Open Space states that “a dwelling-house should be provided with private open space that incorporates a principal open space area in accordance with Table 3.1.4(a)” of the HDCP.

The alfresco attached to the rear of the dwelling is 18m² in area and there is approximately 60m² of soft landscaped area that would also be used as private open space for the primary dwelling and secondary dwelling. The applicant has not delineated the private open space for the secondary dwelling; therefore it would be shared between the two occupants.

The proposal meets the desired outcomes and prescriptive measure of Part 3.1.4 Open Space and is considered acceptable.

2.8.4 Privacy

The desired outcome of Part 3.1.6 Privacy of the HDCP is to encourage “development that is designed to provide reasonable privacy to adjacent properties.”

The first floor of the proposal includes a living area which does not comply with the prescriptive measures of Part 3.1.6 Privacy which states that “living and entertaining areas of dwelling houses should be located on the ground floor only and orientated towards the private open space of the dwelling house and not the side boundaries.”

This room is served by a window (identified as “W14” on the first floor plan) located on the southern side elevation which has a setback of approximately 8 metres from the adjoining property boundary of No. 39 Cardinal Avenue, Beecroft. To reduce any privacy impacts, the window is proposed to have a sill height of 1.5 metres above the finished floor level. As a consequence, the development would have negligible adverse privacy impacts and is considered acceptable.

The other window serving the first floor living room would be orientated to the front of the dwelling-house and overlook the front yard and driveway of the adjoining properties only. The remaining first floor windows serve non-active rooms in accordance with the prescriptive measures of Part 3.1.6 Privacy.

The proposal meets the desired outcomes of Part 3.1.6 Privacy of the HDCP and is considered acceptable.

The prescriptive measures of Part 3.1.6 Privacy states that a “deck, balcony, terrace or the like should be located within 600 mm of existing ground level where possible to minimise potential visual and acoustic privacy conflicts.”

The alfresco area attached to the western side (rear) of the primary dwelling would be located at ground level and orientated towards to rear private open space and secondary dwelling.

2.8.5 Sunlight Access

The desired outcomes of Part 3.1.5 Sunlight Access of the HDCP are to encourage “dwelling houses designed to provide solar access to open space areas” and “development designed to provide reasonable sunlight to adjacent properties.”

The prescriptive measures of Part 3.1.5 Sunlight Access state that on “22 June, 50% of the required principal private open space should receive 3 hours of unobstructed sunlight between 9am and 3pm.” The prescriptive measures also state that on “22 June, 50% of the required principal open space of an adjoining property should receive 3 hours of unobstructed sunlight between 9am and 3pm.”

The submitted 9am shadow plans indicate that the principal private open space of the dwelling and the private open space of the adjoining property would receive at least 3 hours of unobstructed sunlight between 9am and 3pm on 22 June.

The proposal meets the desired outcomes of Part 3.1.5 Sunlight Access and is considered acceptable.

2.9 Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2012-2021 applies to the development as the proposal would result in an additional dwelling in the form of the secondary dwelling. Accordingly, the requirement for a monetary Section 94 contribution for the secondary dwelling is recommended as a condition of consent.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

Two submissions object to the removal of 3 large trees at the rear of the site. A total of 5 trees are proposed to be removed to accommodate the proposed secondary dwelling. This matter has been addressed in section 2.5.2 of this report and Council’s tree assessment concludes that the removal of the 5 trees is acceptable as exempt development as the trees are not indigenous to Hornsby Shire. Nonetheless a condition is recommended in the consent permitting their removal.

3.1.2 Stormwater Management

One submission raises concern with respect to stormwater run-off and flooding generated by the development.

Council’s engineer assessment recommends appropriate conditions with respect to stormwater drainage to be designed and constructed for an average recurrence internal of 20 years and be connected to Council’s street drainage system. It is noted that the fall of the site towards the street is preferable and allows the site to be gravity drained. The proposed dwelling is to be connected to the street drainage system via an on-site detention (OSD) system as recommended by conditions in the consent at schedule 1.

3.1.3 EEC Vegetation

Council’s environmental assessment notes that the trees proposed for removal are not locally indigenous species, however, these trees provide inter-canopy connectivity to the adjacent Blue Gum High Forest trees. Conditions have been recommended in the consent for the requiring compensatory planting as part of a Landscape Plan to be provided prior to the issue of the Construction Certificate.

Subject to the applicant complying with the consent conditions, it is unlikely that the proposal will have a significant impact upon the threatened species, populations and endangered ecological communities listed under the Threatened Species Conservation Act 1995.

3.2 Built Environment

3.2.1 Built Form

The proposal would result in adequate separation between the proposed dwelling, secondary dwelling and surrounding properties. The proposed height and design of the primary dwelling is considered acceptable as addressed in Section 2.1.3 of this report. The proposal is acceptable in terms of its impact on the built environment.

3.3 Social Impacts

The proposal would provide a positive social outcome by providing housing choice in the locality.

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”.

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 27 November 2015 and 20 January 2016 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received four submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

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

· Unacceptable environmental loss and insufficient compensation for the removal of 3 significant trees;

· Detrimental drainage and flooding impacts;

· Miscalculated landscaped area and non-compliance with the minimum landscaped area prescriptive measure of the HDCP; and

· Insufficient information in the Statement of Environmental Effects and incorrect property address on the architectural plans.

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

· Whether the proposed removal of the significant trees is permitted given the previous consent No.DA723/2009 stated they would be retained subject to another approval. This caused neighbours at 41 Cardinal Avenue, who previously owned the site at 41A Cardinal Avenue, to undersell this block of land.

· Loss of trees which would have detrimental impact on the wildlife and ecosystems.

· De-value surrounding properties and inhibit them to be subdivided.

In addressing these additional concerns, it is noted that:

· The 3 large trees (two spotted gums and one tallowwood) are no longer protected under Councils TPO and can be removed despite previously being listed as indigenous species under the TPO prior to 2013.

· Council’s flora and fauna assessment is that there would be not detrimental impacts on wildlife habitats as a result of the removal of the trees.

· The proposed development would not lead to any devaluation of properties or have any impact on future subdivisions of neighbouring properties.

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 development would be in the public interest.

CONCLUSION

The application proposes the construction of a dwelling house and detached secondary dwelling.

The 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.

Conditions are recommended to minimise disruption to residential amenity.

Having regard to the circumstances of the case, approval of the application is recommended.

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Floor Plans
3.View	Site Plan
4.View	Site Analysis Plan
5.View	Elevations and Sections
6.View	Sediment Control Plan
7.View	Roof Perspective Plan

File Reference: DA/1550/2015

Document Number: D06861387

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. Approved Plans and Supporting Documentation

Plan No.	Drawn by	Dated
Site Plan Sheet No.1, Rev E	Wincrest Homes	30/03/2016
Garage Plan Sheet No.2, Rev E	Wincrest Homes	30/03/2016
Ground Floor Plan Sheet No.3, Rev E	Wincrest Homes	30/03/2016
First Floor Plan Sheet No.4, Rev E	Wincrest Homes	30/03/2016
Elevations Sheet No.5, Rev E	Wincrest Homes	30/03/2016
Elevations Sheet No.6, Rev E	Wincrest Homes	30/03/2016
Section/Schedule Sheet No.7, Rev E	Wincrest Homes	30/03/2016
Secondary Dwelling Plan and Elevations Sheet No.14, Rev D	Wincrest Homes	18/03/2016
Secondary Dwelling Plan and Elevations Sheet No.14, Rev D	Wincrest Homes	18/03/2016
Sediment Control Plan Sheet No.17, Rev D	Wincrest Homes	18/03/2016
Site Analysis Plan Sheet No.18, Rev D	Wincrest Homes	18/03/2016
Roof Plan 3D Perspective sheet No.24, Rev E	Wincrest Homes	30/03/2016

Document title	Prepared by	Dated
BASIX Certificate No.677430M_02	Therman Performance	28/03/2016
Site Survey Plan	Hornsby Council	14/03/2016

2. Removal of Existing Trees

a) This development consent permits the removal of tree(s) numbered 3, 4, 5, 7, & 8 as identified on the Site Survey Plan prepared by Hornsby Council, dated 14-03-16.

b) The removal of any other trees from the site requires separate approval by Council in accordance with Part 1B.6 Tree and Vegetation Preservation of the Hornsby Development Control Plan, 2013 (HDCP).

3. 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.

4. Section 94 Development Contributions

Description	Contribution (4)
Roads	$1,031.75
Open Space and Recreation	$6,820.00
Community Facilities	$2,621.80
Plan Preparation and Administration	$22.00
TOTAL	$10,495.55

being for a secondary dwelling.

b) The value of this contribution is current as at 19 April 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

5. Building Code of Australia

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

6. Contract of Insurance (Residential Building Work)

7. Notification of Home Building Act 1989 Requirements

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

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

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

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

i) The name of the owner-builder; and

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

8. 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.

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

9. Stormwater Drainage – Dwellings

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

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

10. On-Site Stormwater Detention

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

a) Have a capacity of not less than 5 cubic metres, and a maximum discharge (when full) of 8 litres per second;

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

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

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

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

11. 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 if a private accredited certifier is engaged to obtain a construction certificate for these works.

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

c) The driveway be a rigid pavement.

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

e) The driveway pavement be a minimum 3 metres wide, 0.15 metres thick reinforced concrete with F72 steel reinforcing fabric and a 0.15 metre sub-base.

f) Longitudinal sections along both sides of the access driveway shall be submitted to the principal certifying authority in accordance with the relevant sections of AS 2890.1. The maximum grade shall not exceed 1 in 4 (25%) with the maximum changes of grade of 1 in 8 (12.5%) for summit grades and 1 in 6.7 (15%) for sag grades. Any transition grades shall have a minimum length of 2 metres. The longitudinal sections shall incorporate the design levels obtained by Council.

The restriction on the land “D” and “E” must be considered when designing the driveway as there are no alterations in land profile allowed.

12. Vehicular Crossing

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

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

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

c) The footway area must be restored by turfing.

13. Tree Protection Zone Fencing (TPZ)

a) Tree protection fencing must be erected in accordance with section 1B.6.1.i of Councils DCP around tree numbered 6. The fencing must be retained at these designated setbacks:

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

14. Protection Fencing Requirements (required for add-ons/additions)

a) The tree protective fencing must be continuous and constructed of either 1.8 metre high cyclone chainmesh fence or (small developments add-ons additions) star pickets spaced at 2 metre intervals, connected by a continuous high-visibility barrier/hazard mesh at a height of 1 metre.

b) Once erected, the tree protective fencing must not be removed or altered.

15. Tree Ground Protection

All Tree Protection Zones must have a layer of wood-chip mulch installed prior to works commencing and must be maintained throughout the period of construction at a depth of 150mm – 300mm using material that complies with Australian Standard AS 4454.

16. Tree Protection Certification

A certificate from the Site Supervisor must be submitted to the Principal Certifying Authority stating compliance with the Tree Protection requirements of this consent.

17. Landscape Plan

The Applicant shall submit a detailed Landscape Plan that has been prepared by a qualified Landscape Architect or Designer, for approval by Council’s Natural Resources Unit prior to the release of the Construction Certificate.

The Landscape Plan shall incorporate the following:

a) Delineate and label all retained vegetation on the plan.

b) Show the planting of one Sydney Turpentine (Syncarpia glomulifera) minimum pot size of 25 litres, 6 (six) shrubs and 20 groundcovers all belonging to the Blue Gum High Forest vegetation community. These native plantings shall be placed on the Cardinal Road side of the dwelling.

c) Use plants purchased from a recognised native plant nursery. Proof of purchase must be retained and included as part of final sign off prior to release of Occupation Certificate.

d) Use shrubs and groundcovers that are tubestock, or were possible larger, and grown from locally genetic stock.

e) Protect all tree saplings will be protected with tree guards and that all trees that die must be replaced within one calendar month.

f) Use species that will not become invasive to the surrounding bushland.

g) Use mulch around the base of all retained indigenous trees with areas with indigenous groundcover plantings

h) Use plants that require minimal maintenance in the form of fertiliser application and watering

i) Incorporate best water management practices such as the installation of rainwater tanks and re-use of water on site

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

18. 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.

19. 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.

20. Toilet Facilities

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.

21. Erosion and Sediment Control

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

REQUIREMENTS DURING CONSTRUCTION

22. Construction Work Hours

All works on site, including demolition and earth works, must only occur between 7am and 5pm Monday to Saturday.

No work is to be undertaken on Sundays or public holidays.

23. Environmental Management

24. Works Near Trees

a) Maintenance and Monitoring of Tree Protection

All required tree protection measures must be monitored by the appointed project arborist or site supervisor to ensure that they are maintained in good condition for the duration of the construction period.

b) Building Materials and Site Waste

The filling or stockpiling of building materials, the parking of vehicles or plant, the disposal of cement slurry, waste water or other contaminants must be located outside the tree protection zones as prescribed in the conditions of this consent or the prescriptive measures of Part 1B.6.1 Tree Preservation of the Hornsby Development Control Plan, 2013, of any tree to be retained.

25. Council Property

26. Disturbance of Existing Site

27. Landfill

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

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

c) This compaction certificate must be included with the application for an occupation certificate.

28. Excavated Material

29. 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.

30. Fulfilment of BASIX Commitments

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

31. 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.

32. 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.

33. Creation of Easements

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

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

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

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

34. Retaining Walls

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

35. Maintain Canopy Cover

a) Three (3) replacement tree/s must be planted within the property.

b) Trees must be selected from HDCP Table 1B.6(b) Tree Species Indigenous to Hornsby Shire and must include species indicative of the mapped Blue Gum High Forest.

c) Replacement trees must attain a height greater than 10m.

d) Planting locations must be at a distance greater than four metres (4m) from the foundation walls of a dwelling or in-ground pool

e) The pot size is to be a minimum 25 litres and the tree/s must be naturally propagated not a cutting, a hybrid or grafted.

f) All plant stock should meet the specifications outlined in ‘Specifying Trees’ (Ross Clark, NATSPEC Books) and planting methods must be current, professional (best practice) industry standard.

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

36. Completion of Landscaping

A certificate must be provided by a practicing landscape architect, horticulturalist or person with similar qualifications and experience certifying that all required landscaping works have been satisfactorily completed in accordance with the approved landscape plans. The certification must be provided to Council’s Natural Resources Unit for approval prior to the issue of the Occupation Certificate.

37. Certification

A certificate from a suitably qualified and experienced horticulturalist must be submitted to the principal certifying authority stating compliance with the relevant conditions of this consent.

38. Final Certification

A certificate from the Site Supervisor must be submitted with the application for the occupation certificate to the principal certifying authority stating compliance with the relevant conditions of this consent.

39. Construction of Engineering Works

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