Agenda of General Meeting

Deputy General Manager's Report No. CS16/16

Corporate Support Division

Date of Meeting: 8/06/2016

2 ADOPTION OF 2016/17 OPERATIONAL PLAN INCORPORATING THE BUDGET, FEES AND CHARGES AND RATING STRUCTURE FOR 2016/17

EXECUTIVE SUMMARY

· Council adopted the draft 2016/17 Operational Plan for the purpose of public exhibition at its 13 April 2016 General Meeting. The draft Plan included the Budget, Fees and Charges and Rating Structure for 2016/17.

· The draft documents were publicly exhibited from 14 April until 13 May 2016 and submissions invited. Six submissions were received and they are summarised in Table 1A of this Report. Table 1B of the Report contains a summary of administrative changes proposed by internal Divisions of Council.

· Following a review of all submissions by appropriate Council staff, no material changes to the publicly exhibited documents are recommended.

· During exhibition the NSW Government proclaimed that the area south of the M2 Motorway would become part of the City of Parramatta Council. This boundary adjustment has a material impact on transferring annual surpluses to address the Section 94 funding gap.

· Once adopted, the final 2016/17 Operational Plan (including the Budget and Fees and Charges for 2016/17) will be distributed electronically and in hard copy to Councillors, staff and interested persons.

RECOMMENDATION

THAT:

1. Subject to incorporation of the amendments detailed in Tables 1A and 1B and the Budget section of Acting Deputy General Manager’s Report No. CS16/16, Council adopt the 2016/17 Operational Plan incorporating the Budget, Fees and Charges and Rating Structure for 2016/17.

2. Council make and levy the 2016/17 Ordinary Rates in accordance with Table 2 of Acting Deputy General Manager’s Report No. CS16/16.

3. Council make and levy the 2016/17 Catchments Remediation Rate on all rateable land in the Shire in accordance with Table 3 of Acting Deputy General Manager’s Report No. CS16/16.

PURPOSE

The purpose of this Report is to provide Council with information and recommendations regarding the submissions received in respect of the public exhibition of the draft 2016/17 Operational Plan, which includes the Budget, Fees and Charges and Rating Structure for 2016/17.

BACKGROUND

By 30 June in the year following local government elections, all councils are required to develop a 10 year community strategic plan, a four year delivery program and a one year operational plan as well as a resourcing strategy aligned to an integrated planning framework. The purpose is to identify the main priorities and aspirations for the future of the council area and the resources required to move to that preferred future.

Your Community Plan 2013-2023, which is Hornsby Shire Council’s 10 year Community Strategic Plan, was adopted on 19 June 2013 together with a Delivery Program for 2013-17 and a 2013/14 Operational Plan. The rolling four year program of major projects in the Delivery Program 2013-17 has been reviewed and no changes are proposed.

At the General Meeting held on 13 April 2016, Council considered the Acting Deputy General Manager’s Report No. CS8/16 and it was resolved that:

1. Council adopt for public exhibition and make available for public comment from 14 April to 13 May 2016, the draft Operational Plan 2016/17 which includes the draft Budget, Fees and Charges and Rating Structure for 2016/17.

2. Council note that the rating information contained in the draft Operational Plan 2016/17 is in line with the Independent Pricing and Regulatory Tribunal’s rate increase approval for NSW councils (i.e. a 1.8% rate increase for 2016/17).

3. Following the public exhibition period, and before 30 June 2016, a further report be prepared for Council’s consideration which provides details of any submissions received and recommends the adoption of a final Operational Plan 2016/17, including the Budget, Fees and Charges and Rating Structure for that year.

DISCUSSION

Consultation on the Documents

During the exhibition period from 14 April to 13 May 2016, copies of the draft Operational Plan including Budget, Fees and Charges and Rating Structure for 2016/17 were on display at Council’s reception areas and five libraries and were available electronically on Council’s website. Advertisements advising of the availability of the documents were placed in the Council Column of four local newspapers and were contained in the May monthly enewsletter sent to 30,000 people.

Submissions

A total of six submissions were received during the formal exhibition period of the draft Plan. None of the submissions are considered to have any material impact on the Plan. Of the submissions:

· one relates to Key Actions within the Draft Operational Plan

· two relate to footpaths

· one relates to the fees and charges

· two relate to the proposed additional rating sub category under the Hornsby CBD Business Rate “Major Regional Shopping Centre”.

The submissions are summarised in Table 1A below, with staff comments/recommendations in italics.

Table 1A

No.	Name	About	Summary of Issues	*Staff recommendation*
1	Peter Dickson	Cycleways, Roads, Footpaths, Sustainability, Development	1. Cycleways (a) Need more cycleways for families and school children and for commuting. Only cycleway planned is Brooklyn to Kangaroo Point project. (b) Narrow roads with fast moving traffic means little cycling in locality of Hornsby-Waitara-Wahroonga.	*Noted* (a) Council’s Bike Plan, which defines the cycle routes to be developed, is currently under review. When funding becomes available, the projects in the Bike Plan providing the best value for money are considered for construction. Often the value for money equation involves integrating the delivery of cycleways with other projects, to maximise funding opportunities. A recent example is the traffic calming scheme for The Esplanade in Thornleigh, about to commence construction, which incorporates a cycleway. Council is currently working with the Pennant Hills District Civic Trust and Transport for NSW to finalise a funding submission which will provide a cycle link connecting Pennant Hills with Epping along local roads parallel to the rail corridor. This project may be delivered as soon as 2016/2017, but is awaiting funding confirmation from the State Government. (b) No cycleway projects are currently being considered in the Hornsby/Waitara/Wahroonga area as other locations have a higher value for money ranking.
			2. Footpaths (a) Outcome 4D in the Operational Plan refers to cleaning of public footpaths. Property owners should keep their own frontage clean, and Council may also need to provide more street litter bins. (b) Poor maintenance of footpaths and inappropriate verge plantings. Property owners should be required to trim plantings overgrowing footpaths if they are capable, although it is Council's responsibility to provide a safe environment. (c) Many footpaths are non existent or badly damaged by tree roots and vehicles. (d) Abandoned trolleys - Council should be responsible for levying fees on supermarket owners as a deterrent.	*Not supported* (a) Generally Council only cleans footpaths in its CBD areas, where street litter bins are also in place. Street litter bins are also placed in known problem areas and locations are monitored and bins added or taken away as required. (b) Council will trim verge plantings that belong to both Council and those from private properties obstructing footpaths and endeavours to maintain these on an ongoing basis. However, residents are encouraged to make contact with Council if there is an urgent issue and it will be dealt with as quickly as possible. (c) Construction of new footpaths is based on a priority system and available funding. The forward Local Footpath Improvement Program is outlined in the Operational Plan. Currently Council has funds set aside for maintenance of footpaths for safety reasons. The strategy for maintenance of footpaths damaged by tree roots is to work around the area without damaging the tree and its root system. Sometimes this treatment involves application of asphaltic concrete to reconstruct/repair the footpath to minimise cost of future inspection/ maintenance. (d) Council has no control over the management of supermarket trolleys however does have the ability to impound offending trolleys. Unfortunately, the cost of employing extra staff to impound the trolleys sizably outweighs the impounding fee. Council's Waste Management Branch does at times engage in public education in an attempt to alleviate the problem.
			3. Roads (a) Traffic is an increasing problem on Edgeworth David Ave with many traffic lights which do not reduce speed. A long term plan should be developed for this major east-west route to Hornsby. (b) Suggests reduction of lanes on Edgeworth David Avenue and reduction of speed to 40 km/h, which would allow for cyclist-only lane and would facilitate sustainability and carbon reduction priorities, health, and safety for school students.	*Not supported* (a) Council’s Strategic Transport Model, developed in close collaboration with state government agencies, is regularly updated to reflect recent redevelopment to ensure the road network and active transport options are developed to meet future traffic growth. Changes to the road network are funded from developer contributions with assistance from Roads and Maritime Services (RMS). Only the projects meeting the higher value for money criteria are considered for implementation. The traffic signals at Edgeworth David Avenue and Balmoral Street were funded by the National Blackspot Program. As well as addressing a serious crash location, the new traffic signals improve pedestrian access between the residential areas currently under redevelopment to the south of Edgeworth David Avenue, and the local shops to the north. (b) Council has no plans to reduce the number of lanes on Edgeworth David Avenue as four lanes are required to carry the current and increasing traffic volumes. Roundabout intersection control is not appropriate on roads carrying higher traffic volumes, and are not pedestrian or bicycle friendly. The RMS is responsible for speed limits. In mid 2015 Council requested RMS review the speed limits on Edgeworth David Avenue, Myra Street and Ingram Road. Council is waiting for confirmation as to when this will occur.
			4. Sustainability Outcome 1C of the Operational Plan mentions "... sustainability principles" but there is little elaboration in other areas of the Plan, and no budget item to allow specific funding for reduction of carbon producing activities. Suggestions: move to renewables-based fuels such as battery powered council vehicles, solar panels on council buildings, the requirement for developments to include directly sustainable measures such as solar panels and solar hot water boosting.	*Not supported* Council’s Environmental Sustainability Team has a reoccurring budget for the implementation / installation of sustainability measures such as solar panels, LED lighting upgrades, solar hot water systems, timers, air conditioning controls and water efficiency devices. The Environmental Sustainability Team works collaboratively with other areas of Council to ensure sustainability measures are taken into consideration and integrated into corporate policies, strategies and actions within the Operational Plan. Specific sustainability measures to be implemented in the coming years are also outlined in the Natural Resources Branch Strategy, Sustainable Energy Action Plan, Sustainable Total Water Cycle Management Strategy and Climate Change Adaptation Strategic Plan.
			5. Development Council should implement a large developer bond so developers maintain clean and safe footpath access and clean environment, and be large enough to cover fines for breaches.	*Not supported* Council does charge a footpath inspection fee at the time of lodgement of a Development Application. Council officers then carry out an inspection prior to the issue of an Occupation Certificate.
2	Keith Whitelock	Run down condition of paved footpath area between College Crescent and Hornsby Station	Keen to see Council invest money from new apartment blocks on upgrading paved areas in this vicinity with new contemporary look.	*Noted* Section 94 contributions are levied on developers to provide roads, open space, recreation and community facilities to service the extra population that their development will service. Works schedules are contained in Council's Section 94 and 94A Development Contributions Plans, and the upgrade of the pedestrian footpath along the Pacific Highway is not in the current Plans. Currently funds are set aside for new concrete footpaths based on a priority system and available funding. The forward Local Footpath Improvement Program is outlined in the Operational Plan. Funds are also set aside for maintenance on footpaths for safety reasons.
3	Kara Dubois	Would like a footpath in Nancy Place, Galston	What is the best way to apply for a footpath?	*Noted* Council operates a prioritisation system for footpath requests. Each request goes through an assessment process against a set of criteria to assess its priority score which determines its place on the list for inclusion in the footpath program. Nancy Place, Galston has not previously been requested. It has now been added and its priority score would most likely make it a candidate for inclusion in Council's next four year rolling program. Priority of all projects is reviewed annually.
4	June Tyrrell	Galston Community Centre - fee structure and increases	Requesting separate hiring fees for Hall 1 and Hall 2, minus kitchens and meeting room as they do not use them, and annual fee increases are pricing small groups out of the Centre.	*Not supported* The request has been raised on a number of occasions and the Volunteer Management Committee that runs the Centre has had lengthy discussions. Although this hirer does not use the kitchens and meeting rooms, her activities prevent any other hirer using the kitchens. Also, the air-conditioning controls for the facility are in the kitchen pantry. Cost increase $1 per hour from 2015/16 to 2016/17.
5	Sceptre Group (Westfield)	Proposed additional rating Business sub category for Hornsby CBD	• Council provided no explanation or justification. • There is no clear rationale. • The increase will be passed onto retail businesses and no analysis provided on impact on businesses or why retailers inside and outside of a shopping centre are treated differently (48% increase). • Concern that Council will continue to inequitably increase rates in the future.	*Not supported* Analysis of the Business CBD category resulted in a major retail shopping site paying rates less than 10 years ago compared to surrounding businesses that had increased on average by 41% over the same period. The new sub-category has been created to ensure that the rate burden is distributed on an equitable basis.
6	Shopping Centre Council of Australia	Proposed additional rating Business sub category for Hornsby CBD	Objects to the proposal as disproportionate rate increase on a small number of properties with no appropriate justification or related safeguards. Will be raising the issue with IPART in their Review of Local Government Rating System.	*Not supported* Analysis of the Business CBD category resulted in a major retail shopping site paying rates less than 10 years ago compared to surrounding businesses that had increased on average by 41% over the same period. The new sub-category has been created to ensure that the rate burden is distributed on an equitable basis.

There were also three fees identified by a staff member during the exhibition period which will no longer be applicable. Details are summarised in Table 1B below.

Table 1B

No.	Division	Summary of Issues	Recommendation
1b	Infrastructure and Recreation Division	p47 - Planning and Building Fees and Charges - three items referencing provision of CD for specifications under 'Subdivision Certificate, Roads and Drainage' no longer applicable as will be available on website free of charge	Remove items : ‘5. MISCELLANEOUS ITEMS (1), (2) and (3)’ on p 47 and renumber those remaining below

No.

Division

Summary of Issues

Recommendation

Infrastructure and Recreation Division

p47 - Planning and Building Fees and Charges - three items referencing provision of CD for specifications under 'Subdivision Certificate, Roads and Drainage' no longer applicable as will be available on website free of charge

Remove items :

‘5. MISCELLANEOUS ITEMS

(1), (2) and (3)’ on p 47 and renumber those remaining below

During the exhibition period, there were further minor changes suggested by Council staff to improve clarity of the information contained in the documents, and those changes have been incorporated in the final versions of the documents.

Rates Structure

The rates structure included in the draft 2016/17 Operational Plan was based on the general increase determined by IPART i.e. a 1.8% increase to apply to the Ordinary and Catchments Remediation Rates. The Ordinary and Catchments Remediation Rates tables (Tables 2 and 3 below) have been updated to take into account adjustments due to recategorisation of properties and supplementary rates since exhibition. This has affected the ‘Rate in the $ (based on land value)’, ‘% of Total Rate’, ‘Yield $’ columns and the overall totals, increasing the total rates levied to $74,312,488. The boundary change relating to the area south of the M2 will reduce the total rates levied by a material amount (see discussion in Council Amalgamation section below).

Additionally, as reported to Council on 13 April 2016 in Deputy General Manager’s Report No. CS8/16 the 16/17 rates structure saw the creation of a sub-category under the Hornsby CBD Business Rate called – “Major Retail Shopping Centre”. The main reason for the introduction of this sub category is to ensure that rates for the major retail shopping centre are not unfairly increased as a result of an above average land valuation, and also to ensure that the rate burden is not unfairly placed on surrounding business ratepayers should a lower than average land valuation apply to property in the sub-category. The creation of the sub-category has not increased the total rates levied by Council in the 2016/17 financial year.

Two submissions have been received in respect of the creation of the new sub-category.

Table 2 – Ordinary Rates

Category	Rate in the $ (based on land value)	Minimum Rate $	Base Amount ($)	Base Amount (%)	% of Total Rate	Yield ($)
Residential	0.122090		$519	46%	87.71%	62,078,098
Farmland	0.121239		$519	29%	0.79%	559,135
Business	0.446813	$548			6.83%	4,834,037
Business (Hornsby CBD)	0.888277	$548			3.19%	2,257,644
Business (Shopping Centre)	1.301390				1.48%	1,047,619
Total					100%	70,776,533

Table 3 – Catchments Remediation Rate

(NB. There are no minimum or base amounts in respect of this rate)

Category	Rate in the $ (based on land value)	Yield ($)
Residential	0.011391	3,101,377
Farmland	0.008493	27,934
Business	0.023613	241,513
Business (Hornsby CBD)	0.044362	112,750
Business (Shopping Centre)	0.065070	52,381
Total		3,535,955

Total Rates Levied $74,312,488

Rate Reductions for Eligible Pensioners

Eligible pensioners across NSW are entitled to a $250 reduction in the ordinary rates and domestic waste management services. Details regarding the pensioner rebate are available in the Rating Information section of the Operational Plan 2016/17.

The $250 rebate may require consideration in the future due to the Commonwealth Government’s removal of support for pensioner rebates as part of its 2014/15 budget. To date the NSW State Government has covered the funding shortfall due to the removal of Commonwealth funding, but this is not guaranteed in the future.

CONSULTATION

Council engaged its community in discussing a preferred future for the Shire which resulted in Council’s first Community Strategic Plan being adopted in 2010. The 2016/17 Operational Plan (including the Budget and Fees and Charges) responds to the Community Strategic Plan and has been prepared after detailed discussions with relevant staff, consideration by Council and public exhibition of draft proposals. Councillors were provided with a briefing on the contents of the draft documents on 16 March 2016. Draft documents were placed on public exhibition from 14 April to 13 May 2016. Regular hirers of Council’s facilities were advised of the proposed fee increases for 2016/17.

BUDGET

Consistent with Council’s goal to maintain prudent financial management and to allocate financial surpluses towards key strategic matters, the publicly displayed draft 2016/17 Annual Budget included an estimated surplus of $82,000 after allowing for a transfer of $10 million towards funding a Section 94 funding gap identified in Council’s 2012-2021 Section 94 Development Contributions Plan. The boundary change relating to the area south of the M2 Motorway means this transfer will now not be possible (see discussion in Council Amalgamation section below).

The estimated surplus of $82,000 remains, and has been achieved without the need to undertake external loan borrowing. Over the past five years, considerable savings have been made by not providing for any increase in non-salary related operating budgets, i.e. no increases in the costs associated with plant, materials, etc. Any increases in these areas have needed to be met by efficiency and other gains across Council in those years.

While on display the proposed construction of the new Berowra Rural Fire Brigade station within the Hornsby Kuring-Gai District has been given a high priority by the NSW Rural Fire Service (NSW RFS). Council has agreed in ‘principle’ to forward fund this project and seek reimbursement from the NSW RFS for construction of costs over a number of years. The capital funding for this project has been set aside against Council’s internally restricted asset funds. These internally restricted asset funds will be restored upon reimbursement from the NSW RFS.

Council Amalgamation Declaration

During the period in which the Operational Plan was prepared, the NSW Government (on 18 December 2015) announced 35 merger proposals across the State including that the Hornsby Shire Council area, north of where the M2 Motorway crosses the Shire, be merged with Ku-ring-gai Council (the Hornsby/Ku-ring-gai proposal) and the area south of the M2 Motorway become part of Parramatta City Council (the expanded Parramatta proposal).

On 12 May 2016 the Minister for Local Government proclaimed the creation of 19 new Councils across NSW. This included the creation of the City of Parramatta Council (City of Parramatta and Cumberland Proclamation 2016) and confirmed the transfer of the Hornsby Shire Council area south of the M2 Motorway to the new City of Parramatta Council effective from 12 May 2016. The likely financial impact of this on the Annual Budget was previously reported to Council on 10 February 2016 in Acting General Manager’s Report No. GM2/16.

As a consequence of this boundary adjustment with the City of Parramatta Council, the ability to transfer $10 million towards the Section 94 funding gap identified in Council’s 2012-2021 Section 94 Development Contributions Plan will not be possible. Total rate income levied by Council in the 16/17 financial year is also estimated to decrease by $9.7m.

Although the amalgamation of Hornsby and Ku-ring-gai Council was not one of the 19 newly created Councils, the Minister indicated his in-principle support for the merger of Hornsby and Ku-ring-gai to proceed. A proclamation for a new Hornsby/Ku-ring-gai Council by the NSW State Government would be likely to set a future date by which a new Operational Plan and Annual Budget must be adopted which will also include up to date revenue and expenditure estimates on the loss of the area south of the M2 Motorway.

POLICY

The four year Delivery Program is Council’s principal instruction to the organisation and the underlying annual Operational Plans allocate resources and contain the detail on what will be done to implement the Delivery Program.

CONCLUSION

The 2016/17 Operational Plan including the Budget and Fees and Charges for that year encompass the priorities and expected levels of service voiced by the community. Council will respond by providing services in a prudent and financially viable manner. Once adopted, the 2016/17 Operational Plan (including the Budget and Fees and Charges for 2016/17) will be distributed electronically and in hard copy to Councillors, staff and interested persons.

RESPONSIBLE OFFICER

The officers responsible for the preparation of this Report are the Acting Chief Financial Officer – Duncan Chell and the Manager Strategy and Communications – Julie Williams, who can be contacted on 9847 6822 and 9847 6790 respectively.

Glen Magus

Acting Deputy General Manager

Corporate Support Division

Gary Bensley

Acting General Manager

Office of the General Manager

Attachments:

There are no attachments for this report.

File Reference: F2015/00473

Document Number: D06945486

Group Manager’s Report No. PL38/16

Planning Division

Date of Meeting: 8/06/2016

8 DEVELOPMENT APPLICATION - SECTION 96(2) MODIFICATION TO APPROVED RESIDENTIAL FLAT BUILDINGS COMPRISING 80 UNITS - 301-303 PEATS FERRY ROAD, ASQUITH AND 2-4 LODGE STREET, HORNSBY

EXECUTIVE SUMMARY

DA No:	DA/215/2015/A (Lodged on 23 December 2015)
Description:	Section 96(2) application to modify two x five storey residential flat buildings by increasing the number of units from 80 to 82, alterations to the unit mix and minor design changes.
Property:	Lot A and B DP 349047, Lot 1 and 2 DP 840373 and Lot 1 DP385418, Nos. 301-303 Peats Ferry Road, Asquith and 2, 2A and 4 Lodge Street, Hornsby
Applicant:	Asquith Property Developments Pty Ltd
Owner:	Mr Robert John Reynolds, Mrs Kathleen Jessie Reynolds, Mr Jing Gao, Ms Jiayi Tan, Mr Tou Liu and Ms Hongjun Song
Estimated Value:	$17,200,000

· The application involves a Section 96(2) modification to two x five storey residential flat buildings by increasing the number of units from 80 to 82, alterations to the unit mix and minor design changes.

· The proposed modification is substantially the same development as approved pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979 and is generally in compliance with State Environmental Planning Policy No. 65, Apartment Design Guide and Hornsby Development Control Plan 2013.

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979, Development Application No. DA/251/2015 for demolition of existing structures and construction of two x five storey residential flat buildings and basement car parking and subdivision of No. 4 Lodge St into two lots at Lot A and B DP 349047, Lot 1 and 2 DP 840373 and Lot 1 DP385418, Nos. 301-303 Peats Ferry Road, Asquith and 2, 2A and 4 Lodge Street, Hornsby be amended as detailed in Schedule 1 of Group Manager’s Report No. PL38/16.

BACKGROUND

On 12 August 2015, Council approved DA/215/2015 for the demolition of existing structures and construction of two x five storey residential flat buildings comprising 80 units and basement car parking and subdivision of 4 Lodge Street into two lots.

On 11 November 2015, DA/1474/2015 was submitted with Council proposing the construction of a joint basement carpark to service the approved five storey development under DA/215/2015 and an approved five storey development on the eastern adjoining property under DA/214/2015. The eastern adjoining property comprises Nos. 305-307 Peats Ferry Road, 9 Bell Street and 4 Lodge Street, and is subject to an approval for two x five storey residential flat buildings comprising 69 units.

On 23 December 2015, a Section 96(2) application was lodged to modify DA/215/2015 by increasing the number of units from 80 to 82, alterations to the unit mix and minor design changes. This application is the subject of this report.

On 2 May 2016, a meeting was held between Council officers and the applicant to discuss matters relating to the applications lodged with Council on the site and the eastern adjoining property. With respect to DA/215/2015/A which is the subject of this report, Council requested amended plans demonstrating additional privacy measures to improve privacy between balconies and adjoining units.

On 4 May 2016, the applicant submitted amended plans to address these privacy concerns.

On 12 May 2016, DA/1474/2015 was approved under delegated authority for the construction of a joint basement carpark to service the approved residential flat buildings approved under DA/215/2015 and DA/214/2015.

SITE

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

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

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

The surrounding developments include single and two storey residential dwelling houses. The site adjoins the R2 – Low Density zone to the north on Bell Street. A five storey residential development has recently been constructed on the southern side of Peats Ferry Road at Nos. 422-426 Peats Ferry Road. The site is opposite the Asquith Bowling Club on Lodge Street in close proximity to Asquith Boys High School to the south east. The adjacent eastern site, comprising Nos. 305-307 Peats Ferry Road, 9 Bell Street and 4 Lodge Street, has been approved under DA/214/2015 for 2 x five storey residential flat buildings comprising 69 units. This adjacent eastern site is subject to a Section 96(2) application also included on the business paper for consideration by Council.

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

APPROVED DEVELOPMENT

The development was approved for the demolition of existing structures and the erection of two x five storey residential flat buildings comprising 80 units and basement car parking and subdivision of No. 4 Lodge Street into two lots.

The approved unit mix comprises 31 x 1 bedroom units, 41 x 2 bedroom units and 8 x 3 bedroom units. Each building was approved with access via 2 lifts in each building. The approved buildings comprise balconies fronting Lodge Street, Peats Ferry Road, Bell Street and the eastern setback.

Vehicular access to the development would be centrally located via Lodge Street. A total of 95 car spaces, comprising 12 visitor parking spaces were approved over two basement levels. Pedestrian access to the two buildings would also be provided from Lodge Street, with pedestrian paths providing linkages though the site to foyers and communal open space areas.

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

Three trees within the Council reserve were approved for removal to accommodate the vehicular access from Lodge Street. A landscape plan was approved showing the removal of exempt tree species within the site and planting of canopy trees and shrubs to achieve a landscape setting.

The subdivision of 4 Lodge Street into two lots formed part of the approval. This subdivision is necessary to create a regular shaped allotment to accommodate the approved development. A deferred commencement condition was applied requiring the registration of the allotment within 12 months of the date of the consent. The deferred commencement condition has not been satisfied.

The modification

The Section 96 application seeks to modify the approved development by increasing the total number of units from 80 to 82 units, alterations to the unit mix and minor design changes.

The modified unit mix is proposed as follows:

· 35 x 1 bedroom (increased by four units)

· 39 x 2 bedroom (decreased by two units)

· 8 x 3 bedroom (unchanged)

The proposal comprises additional mezzanine space at the topmost storey to provide for the two additional units. One of the additional units would be provided within Building 1 (adjoining Peats Ferry Road and Lodge St) with the second additional unit proposed in Building 2 (adjoining Bell St and Lodge St). The proposal would result in all of the units on the fifth floor including mezzanines. The modification is confined to design changes on Level 5 and the mezzanine level only. There are no proposed changes to the lower levels, basement car parking or landscaping under this application.

The application also proposes to modify condition No. 1 to allow for an additional 12 months to satisfy the deferred commencement condition due to unforsceen delays.

ASSESSMENT

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

1. STRATEGIC CONTEXT

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

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

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

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

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 Environmental Planning and Assessment Act 1979 – Section 96(2)

Pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979, Council may consider an application to amend development consent provided that, inter alia:

a) it is satisfied that the development to which the consent as modified relates is substantially the same development, and

b) it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

c) it has notified the application in accordance with the regulations, and

d) it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations.

With regard to Section 96(2)(a), the modified proposal would remain a two x five storey residential flat building development comprising 82 units over two basement levels. The proposed layout, unit mix and the two additional units proposed would be located within the overall building envelope and would not significantly alter the built form. In this regard, it is considered that the modified application is substantially the same as the development originally approved.

With regard to Section 96(2)(b), the modified proposal did not require referral to any external agencies.

In accordance with Section 96(2)(c) and (d), adjoining owners were notified of the application and one submission has been received. The matters raised in the community submission are discussed in the body of this report.

2.2 Hornsby Local Environmental Plan 2013

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

2.2.1 Zoning of Land and Permissibility

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

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

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

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

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

2.2.2 Height of Buildings

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

2.2.3 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 located within the vicinity of a heritage listed item of local significance at No. 31 Lodge Street and Nos. 269, 384 and 394 Peats Ferry Road, Hornsby. The heritage listed items are within land zoned R2 Low Density Residential and the site is over 320m south of No. 31 Lodge Street and over 220m north east of the items at Peats Ferry Road.

The original proposal was considered to have minimal impact on the nearby heritage items and was assessed as satisfactory on heritage grounds. The proposed modification would not significantly alter the perceived bulk, scale and built form of the development when viewed from surrounding areas. The proposed modification would not have an unreasonable impact on nearby heritage items and is acceptable with respect to Council’s heritage provisions.

2.2.4 Earthworks

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

The matter was assessed at the time of the original application. The modified proposal does not include any further excavation and therefore, no further assessment is necessary.

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

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

This matter was assessed under the original application. The proposed modification would not alter the compliance of the development with SEPP 55.

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

The application has been assessed against the requirements of State Environmental Planning Policy (Building Sustainability Index – BASIX) 2004. The modified proposal includes an amended BASIX certificate for the proposed 82 units and is considered to be satisfactory.

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

The modified development would not alter the compliance of the original proposal with regard to SEPP 32.

2.6 State Environmental Planning Policy (Infrastructure) 2007

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

2.6.1 Development with Frontage to a Classified Road

The site has frontage to Peats Ferry Road which is a classified road and therefore, Clause 101 of the SEPP (Infrastructure) applies. The original application was referred to Roads and Maritime Services (RMS) who raised no objections subject to conditions. The modified proposal involves no change to the parking and access arrangements to the site. A traffic and parking assessment submitted with the application confirms that the modified proposal would not increase traffic demands of the development as the number of bedrooms remains unchanged, despite there being an additional two units proposed. This matter discussed is further detail in Section 3.2.2 of this report.

Council’s traffic assessment concludes that the modified proposal would not adversely impact on the effective and ongoing operation of Peats Ferry Road and is acceptable with respect to this clause.

2.6.2 Impact of Road Noise

Assessment of the impact of road noise on a residential use is required pursuant to Clause 102 of SEPP Infrastructure where a development fronts a road with an annual average daily traffic volume of more than 40,000 vehicles. The average daily traffic volume on Peats Ferry Road in the vicinity of the site does not exceed 40,000 vehicles and therefore, this clause does not apply to the proposal.

Notwithstanding, a condition was applied to the original consent for an acoustic report to be provided, detailing construction techniques and measures to attenuate road noise and vibration to achieve the acceptable noise levels outlined in Clause 102 of the SEPP. The modified proposal is acceptable subject to the fulfilment of this condition.

2.6.3 Traffic Generating Developments

In accordance with Clause 104 and Schedule 3 of SEPP (Infrastructure), developments with more than 75 dwellings fronting a classified road is a Traffic Generating Development and requires concurrence from the RMS. Concurrence from the RMS was provided in the original application. The traffic and parking assessment submitted with the application confirms that the modified proposal would not increase traffic demands of the development. No objections were raised to the proposal in Council’s traffic assessment and the original conditions applied by the RMS are relevant to the modification.

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

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

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

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

Pursuant to the above provision, this amendment is required to be applied to the subject application as it modifies an approved development and was lodged on 23 December 2015.

The design principles of SEPP 65 are addressed in the following table.

Principle	Compliance
1. CONTEXT AND NEIGHBOURHOOD CHARACTER	Yes
Comment: This matter was assessed in detail under the original application. The modified development maintains the use of the land as residential flat buildings. The proposed modification maintains the desired future character of the precinct as envisaged by Council for residential flat buildings in landscaped settings with underground car parking. The proposal is considered to respond suitably to the ‘context and neighbourhood character’ principle of SEPP 65.
2. BUILT FORM AND SCALE	Yes
Comment: The scale of the modified proposal is in accordance with the height control and setbacks for the precinct prescribed within the Hornsby DCP. Flat roof forms have been adopted with an increased top storey setback on the external facades to minimise bulk and height of the building. The development achieves a scale consistent with the desired outcome for well-articulated buildings that are set back to incorporate landscaping, open space and separation between buildings.
3. DENSITY	Yes
Comment: The proposed modification is considered to be sustainable as it responds to the regional context, availability of infrastructure, public transport, community facilities and environmental quality and is acceptable in terms of density.
4. SUSTAINABILITY	Yes
Comment: The applicant has submitted a BASIX Certificate for the amended development. In achieving the required BASIX targets for sustainable water use, thermal comfort and energy efficiency, the proposed development would achieve efficient use of natural resources, energy and water throughout its full life cycle, including demolition and construction.
5. LANDSCAPE	Yes
Comment: The modified proposal does not alter the street level planting as previously approved. Accordingly, the application satisfies the intent of the ‘Landscape’ principle of SEPP 65.
6. AMENITY	Yes
Comment: The proposed units are designed with appropriate room dimensions and layout to maximise amenity for future residents. The proposal incorporates good design in terms of achieving natural ventilation, solar access and acoustic privacy. All units incorporate balconies accessible from living areas and privacy has been achieved through appropriate design and orientation of balconies and living areas. Storage areas have been provided within each unit and in the basement levels. The proposal would provide convenient and safe access via lifts connecting the basement and all other levels.
7. SAFETY	Yes
Comment: The modified proposal would not alter the compliance of the original proposal with regard to “safety and security”.
8. HOUSING DIVERSITY AND SOCIAL INTERACTION	Yes
Comment: The modified proposal incorporates a range of unit sizes to cater for different budgets, demographics and housing needs. The proposal responds to the social context in terms of providing a range of dwelling sizes with good access to social facilities and services as the site is located in close proximity to Asquith Railway Station and shops.
9. AESTHETICS	Yes
Comment: The proposed modification would not alter the approved architectural treatments, materials and finishes. The modified proposal maintains a flat roof to minimise building height and incorporates eaves which would cast shadows across the top storey wall. The articulation of the building, composition of building elements, textures, materials and colours would achieve a built form generally consistent with the design principles contained within the Apartment Design Guideline and the Hornsby DCP.

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

Amendment No. 3 of the SEPP 65 also requires consideration of the Apartment Design Guide, NSW Department of Planning and Environment 2015. The Guide includes development controls and best practice benchmarks for achieving the design principles of SEPP 65. The following table sets out the proposal’s compliance with the Guide:

SEPP 65 - Apartment Design Guide
Control	Proposal	Requirement	Compliance
Deep Soil Zone	As approved	7% of site area	N/A
Communal Open Space	As approved	25%	N/A
Ground Level Private Open Space	As approved	15m² Min Depth of 3m	N/A
Solar Access (Living rooms and private open space areas)	2 hours for 70% of units	2 hours for 70% of units	Yes
Natural Cross Ventilation	55/82 units - 67%	60%	Yes
Minimum Dwelling Size	1 br – 50m²-65m² 2 br – 70m²-84m² 3 br – 95m^{2 -} 100m²	1 br – 50m² 2 br – 70m² 3 br – 90m² (+5m² for extra bathroom)	Yes Yes Yes Yes
Habitable room depth from a window for open plan layout (for amended units)	8m	8m from a window (max)	Yes
Minimum ceiling and storey height	2.7m (min) 2.4m 3.1m	2.7m(habitable rooms) 2.4m (mezzanine) 3.1m floor to floor	Yes Yes Yes
Minimum Balcony Size (minimum depth 2m – 2.4m)	1 bed >10m² 2 bed > 12m² 3 bed >16m²	1 bed 8m² 2 bed 10m² 3 bed 12m²	Yes Yes Yes
Maximum Number of Units on a Single Level	<8 units	8 units off a circulation core	Yes
Total Storage Area	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	Yes Yes Yes Yes

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

2.8.1 Apartment Size and Layout

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

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

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

2.8.1 Height / Setbacks / Landscaping

The modified proposal would retain the height, setbacks, landscaping and security measures as approved under DA/215/2015. The application is assessed as satisfactory in this regard.

2.8.2 Storage

Storage areas are provided at the basement levels and additional storage areas are also provided within the apartments. To ensure that the storage provided is proportional to the size of the apartment, a condition was applied to the original consent for each dwelling within the development to have a minimum storage area of 6m³ for one bedroom units, 8m³ for two bedroom units and 10m³ for three bedroom units, where at least 50% is required to be located within the apartment and provided in addition to storage in kitchens, bathrooms and bedrooms. The condition would be applicable to the amended proposal.

2.9 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 amended proposal would comply with the requirements of the Policy.

2.10 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.

2.11 Hornsby Development Control Plan 2013

The modified proposal 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 relevant prescriptive requirements of the Plan:

Hornsby Development Control Plan 2013
Control	Proposal	Requirement	Compliance
Height	5 storeys + Mezzanine – 17.5m	5 storeys + Mezzanine – 17.5m	Yes
Lowest Residential Floor Above Ground	As approved	N/A	N/A
Maximum Floorplate Dimension	As approved	N/A	N/A
Building Indentation	Buildings 1 & 2 4m x 4m for eastern elevations 8m x (3m to 4m) for western elevations	4m x 4m 4m x 4m	Yes Unchanged
Height of Basement Above Ground	As approved	N/A	N/A
Front Setback (Peats Ferry Road)	As approved	N/A	N/A
Rear Setback (Bell Street)	As approved	N/A	N/A
Side Setback (Lodge Street)	As approved	N/A	N/A
Side Setback (East)	Building 1 6m 4m for length of 11.5m Building 2 6m 4m for length of 11.5m	6m 4m < 1/3 frontage (13m for Building 1) 6m 4m < 1/3 frontage (12.6m Building 2)	Yes - unchanged
Top Storey Setback from Ground Floor	3m additional provided except for minor negligible encroachments	3m	Yes
Underground Parking Setback	As approved	N/A	N/A
Basement Ramp Setback	As approved	N/A	N/A
Deep Soil Landscaped Areas	As approved	N/A	N/A
Private Open Space	1br units – 10m² 2br units – 12m² 3br units –16m²	1br units – 10m² 2br units – 12m² 3br units – 16m²	Yes Yes Yes
Communal Open Space with Minimum Dimensions 4m	As approved	N/A	N/A
Parking (site within 800m of railway station)	83 resident spaces 12 visitor spaces 17 bicycle racks 9 visitor bicycle racks 2 motorbike spaces	78 resident spaces 12 visitor spaces 16 bicycle racks 8 visitor bicycle 2 motorbike spaces	Yes Yes Yes Yes Yes
Solar Access	70%	70%	Yes
Housing Choice	1 BR – 35/82 = 42% 2BR – 39/80 = 47% 3BR – 8/82 = 9.7%	10% of each type 10% of each type 10% of each type	Yes Yes No
Adaptable Units	25/82 = 30%	30%	Yes

As detailed in the above table, the proposed development generally complies with the prescriptive requirements within the HDCP, apart from unit mix. The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant desired outcomes.

2.11.1 Built Form and Separation

The proposal involves design changes to incorporate two additional units on the fifth floor of the development. One additional unit would be provided within building 1 (adjoining Peats Ferry Road and Lodge St) with the second additional unit proposed in Building 2 (adjoining Bell St and Lodge St).

The modified proposal includes an increase in the mezzanine floor area, resulting in all units on the fifth floor being afforded a mezzanine. Whilst the modification results in additional building mass in the form of a mezzanine, the additions are confined to the eastern sides of Building 1 and 2 and would not be easily visible from Peats Ferry Road, Lodge St or Bell Street. The mezzanine additions comply with the maximum 17.5 metre building height requirement and maintain sufficient articulation and indentations in the built form to achieve the appearance of two separate building pavilions.

The modified proposal would not alter the setbacks of the development from Peats Ferry Road, Lodge Street and Bell Street or the eastern boundary and would maintain compliance with the building separation requirements of the HDCP.

2.11.2 Privacy

The proposed modification involves the reconfiguration of the top floor units, including changes to window placement and balconies. Concerns were raised in Council’s assessment that balconies adjoin windows of adjoining units which would result in privacy conflicts. Amended plans were submitted to Council on 4 May 2016 to address this issue to include additional screens to improve privacy between units. To further improve privacy, conditions have been recommended for solid walls between balconies of U151 and U251 and U351 and U451. The modified proposal would achieve a reasonable level of privacy in accordance with the provisions of Part 3.4.9 of the HDCP.

2.11.3 Housing Choice

Part 3.4.11 of the HDCP prescribes that developments should include a mix of 1, 2 and 3 bedroom dwellings, with a minimum of 10% of each dwelling type being provided. As detailed in the compliance table, 9.7% (8/82) units would be three bedrooms. The proposal maintains more than 10% unit mix for 1 and 2 bedrooms and would provide an appropriate variety of unit sizes. The minor non-compliance (0.3%) with the number of three bedroom units does not warrant refusal of the application.

2.11.4 Vehicular Access and Parking

The application does not propose any change to the number of car spaces or the vehicular access arrangements within the site. The original development generated a demand for 89 car spaces, based on 80 units comprising 31 x 1 bedroom units, 41 x 2 bedroom units and 8 x 3 bedroom units. The approved basement carpark included the provision of 95 car spaces, which amounts to 6 extra spaces than required by the HDCP. The proposed modification seeks to increase the number of units to 82, with changes to the unit mix to 35 x 1 bedroom units, 39 x 2 bedroom units and 8 x 3 bedroom units. The modified proposal creates a demand for 90 car spaces, comprising 78 resident and 12 visitor spaces. The modified proposal maintains 95 car spaces within the basement and complies with the parking rates prescribed under the HDCP.

2.12 Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2012-2021 applied to the original development as approval was granted for 80 units in lieu of the 5 existing residences. The modified proposal would result in an additional two units and changes to the unit mix. Accordingly, the condition for a monetary Section 94 contribution is recommended to be amended accordingly.

3. ENVIRONMENTAL IMPACTS

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

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The matter was discussed in detail within the assessment of the original application. The modified proposal does not change the impact of the development on the natural environment and no further assessment in this regard is necessary.

3.1.2 Stormwater Management

The proposed modification would not alter the approved method of stormwater disposal from the site.

3.2 Built Environment

3.2.1 Built Form

The modified proposal would not significantly alter the built form of the development when viewed from Peats Ferry Road, Lodge Street and Bells Street, or adjoining properties. The proposal maintains compliance with the 17.5 metre height requirement and provides for a development that is consistent with the desired future character of the precinct.

3.2.2 Traffic

One submission has been received raising concerns with respect to increased traffic.

A traffic and parking assessment was submitted with the modified proposal having regard to the RMS Guide to Traffic Generating Development Updated Traffic Surveys – Technical Direction 04a dated August 2013. Despite there being changes to the unit mix and an increase of two units under the modified proposal, the report notes that both the approved development and the proposed modification include a total of 137 bedrooms. Given this, the traffic and parking assessment states that modified proposal would not result in any additional traffic impacts from that previously accepted by Council and the RMS.

The approved and modified proposal would produce a net traffic generation of 11 vehicles during the AM peak hours and 7 vehicles during the PM peak hours which is considered to be negligible when compared with the traffic volumes on the adjacent road network for the proposed development. In this regard, the traffic volume on Peats Ferry Road is currently in the order of 1000 vehicles per hour two way in peak hours. In the vicinity of the development site, Peats Ferry Road has one travel lane per direction. In terms of carriageway capacity, this equates to 1,800 vehicles per hour per lane. Based on the observed traffic flows, the estimated degree of congestion of Peats Ferry Road has been established to be less than 27% of nominal capacity.

In the assessment of the original application, Council’s engineering assessment of the traffic impacts of the development concluded that the proposal is satisfactory. The proposed modification would not alter the traffic impacts of the approved development and is therefore acceptable.

3.3 Social Impacts

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

3.4 Economic Impacts

This modified proposal would achieve a positive economic impact on the locality via employment generation during construction and minor 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 matter has been assessed in within the assessment of the original development application. No further assessment is necessary.

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 27 January 2016 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received one submission. The map below illustrates the location of those nearby landowners who were notified of the development.

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

One submission objected to the development, generally on the grounds that the development would result in unacceptable traffic on local streets. The merits of the matters raised in community submissions have been addressed in the body of the report.

5.2 Public Agencies

The modified application was not required to be referred to any public agencies.

6. THE PUBLIC INTEREST

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

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

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

CONCLUSION

The application proposes to modify the approved residential flat building by increasing the number of units from 80 to 82, changes to the unit mix and minor design changes. The application also seeks consent to permit an additional 12 months to satisfy the deferred commencement condition for the subdivision of No. 4 Lodge Street.

The proposal is consistent with Section 96(2) of the Environmental Planning and Assessment Act 1979 and is substantially the same development as originally approved.

The modified proposal is assessed as satisfactory having regard to matters for consideration pursuant to Section 79C of the Environmental Planning and Assessment Act 1979.

One submission was received during the notification period. The matters raised in the submission have been addressed in the body of this report.

Having regard to the circumstances of the case, approval of the modification is recommended.

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

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Floor Plan Levels 4 and 5
3.View	Attic and Roof Plan
4.View	Elevations

File Reference: DA/215/2015/A

Document Number: D06938024

Schedule 1

Date of this modification:	08/06/2016
Details of this modification:	Section 96(2) to increase the number of units from 80 to 82, alterations to the units mix and minor design changes.
Conditions Added:	None
Conditions Deleted:	None
Conditions Modified:	1, 2, 3, 8 and 17

SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1. Deferred Commencement

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

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

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

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

2. Approved Plans and Supporting Documentation

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

Plan No.	Plan Title	Drawn by	Dated
Ref 17387	Survey Plan	Norton Survey Partners	24/10/10
Ref 17387	Plan showing existing and proposed lot layouts	Norton Survey Partners	27/1/15
A30 - B	Plan B2 & B1	Mijollo International	3/6/15
A32-E	Plans L1 to L3	Mijollo International	10/7/15
A35-G	Plans L4 & L5	Mijollo International	2/5/2016
A37-E	Plans Attic & Roof	Mijollo International	10/12/15
A401-P1	North, East, South & West Elevations	Mijollo International	9/12/2016
A501-C	Section A-A + Internal Elevations	Mijollo International	13/6/15
A615-A	Shadow diagrams	Mijollo International	6/2/15
LPDA15-286/1-E	Landscape Plan	Conzept Landscape Architects	20/7/15
LPDA15-286/2-B	Landscape plan (level 4 & 5)	Conzept Landscape Architects	9/2/15
LPDA15-286/3-A	Landscape Details	Conzept Landscape Architects	4/2/15
	DA/215/2015 – Tree Location Plan	Modified by Tree Management Team (Hornsby Shire Council)	7/5/15
14051-C201 Rev P1	Erosion & Sediment Control Plan	TDL Engineering Consultants	14/1/15
14051-C101 Rev P1	Stormwater Management Plan Level 1 Layout	TDL Engineering Consultants	14/1/15
	Site Access – SRV Swept Path Analysis	Ason Group	11/6/15

Document Title	Prepared by	Dated
Statement of Environmental Effects	Caladines Town Planning P/L	Feb 2015
Statement of Environmental Effects – S96(2)	Caladines Town Planning P/L	December 2015
Waste Management Plan	Ben Hewlett	25/2/15
Music Model – Stormwater pollutant targets	Unnamed	Submitted 4/6/15
Traffic & Parking Report	Ason Group	11/2/15
SEPP 65 Certification	Matthew Cumming (Mijollo International P/L)	24/2/15
Accessibility Report	Abe Consulting	10/2/15
Basix Assessment Report No. ES20141124_00	ESD Synergy P/L	21/12/15
Basix Certificate No. 607598M_03	ESD Synergy P/L	21/12/15
Cost Summary Report	QS1 P/L	2/2/15
1410-A Materials Schedule	Mijollo International P/L	6/2/15

3. Amendment of Plans

The approved plans are to be amended as follows:

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

b) All letterboxes are to be located at least 2m from all property boundaries.

c) To improve privacy between units, the following measures are to be implemented which have been indicated in red on the approved plans:

i) A solid wall to divide the balconies of U151 and U251; and

ii) A solid wall to divide the balconies of U351 and U451.

4. Removal of Existing Trees

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

5. Acoustic Report

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

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

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

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

6. Driveway Longitudinal Sections

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

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

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

7. Construction Certificate

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

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

8. Section 94 Development Contributions

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

Description	Contribution (4)
Roads	$94,100.46
Open Space and Recreation	$888,052.92
Community Facilities	$125,025.76
Plan Preparation and Administration	$3,699.72
TOTAL	$1,110,878.86

being for 35 x 1 bedroom units, 39 x 2 bedroom units, 8 x 3 bedroom units and including a credit for five existing dwelling houses.

b) The value of this contribution is current as at 16 July 2015. If the contributions are not paid within the financial quarter that this condition was generated, the contributions payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 94 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$C_{PY =}$C_DC x CPI_PY

CPI_DC

Where:

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

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

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

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

c) The monetary contributions shall be paid to Council:

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

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

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

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

9. Building Code of Australia

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

10. Contract of Insurance (Residential Building Work)

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

11. 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.

12. Utility Services

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

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

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

13. Sydney Water – Quick Check

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

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

14. Dilapidation Report

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

15. Traffic Control Plan

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

a) Arrangements for public notification of the works;

b) Temporary construction signage;

c) Permanent post-construction signage;

d) Vehicle movement plans;

e) Traffic management plans;

f) Pedestrian and cyclist access/safety.

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

16. Construction Management Plan

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

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

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

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

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

17. Adaptable Units and Letterboxes

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

b) All letterboxes are to be located at least 2m from all property boundaries. Details must be provided with the Construction Certificate Plans.

18. Construction Vehicles

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

19. Construction Traffic Management Plan

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

20. Pedestrian Access Management Plan

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

21. Preservation of Survey Infrastructure

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

22. Water Quality/Bio Retention System

Stormwater discharging from the development site is to be treated to achieve the quality specified in the HDCP 2013 (table 1C.1.2(b) Urban Stormwater Quality Targets). Details are to be provided with the construction certificate. A Chartered Civil/Hydraulic Engineer of the Institution of Engineers, Australia is to certify that works have been completed in accordance with the approved construction plan and the measures will achieve the targets specified in the condition.

23. Waste Management

The following waste management requirements must be complied with:

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

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

24. Acoustic Report

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

25. Stormwater Drainage

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

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

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

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

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

26. On-Site Stormwater Detention

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

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

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

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

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

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

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

27. Vehicular Crossing

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

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

b) The footway area must be restored by turfing;

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

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.

28. Internal Driveway/Vehicular Areas

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

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

b) The driveway must be a rigid pavement.

29. Road Works

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

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

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

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

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

30. Erection of Construction Sign

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

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

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

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

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

31. Protection of Adjoining Areas

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

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

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

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

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

32. Toilet Facilities

Toilet facilities must be available or provided at the works site before works begin and must be maintained until the works are completed at a ratio of one toilet for every 20 persons employed at the site. Each toilet must:

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

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

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

33. Erosion and Sediment Control

Erosion and sediment control measures must be provided and maintained throughout the construction period in accordance with the manual ‘Soils and Construction 2004 (Bluebook)’, the approved plans, Council specifications and to the satisfaction of the principal certifying authority. The erosion and sediment control devices must remain in place until the site has been stabilised and revegetated.

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

REQUIREMENTS DURING CONSTRUCTION

34. Construction Work Hours

All work on site (including demolition and earth works) must only occur between 7am and 5pm Monday to Saturday (unless otherwise approved by Council due to extenuating circumstances). No work is to be undertaken on Sundays or public holidays. No excavation or rock sawing/breaking is to occur on Saturdays.

35. Demolition

All demolition work must be carried out in accordance with “Australian Standard 2601-2001 – The Demolition of Structures” and the following requirements

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

b) Demolition works, where asbestos material is being removed, must be undertaken by a contractor that holds an appropriate licence issued by WorkCover NSW in accordance with Chapter 10 of the Occupational Health and Safety Regulation 2001 and Clause 29 of the Protection of the Environment Operations (Waste) Regulation 2005 ;and

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

36. 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.

37. Street Sweeping

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

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

38. Council Property

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

39. Landfill

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

a) All fill material imported to the site is to wholly consist of Virgin Excavated Natural Material (VENM) as defined in Schedule 1 of the Protection of the Environment Operations Act 1997 or a material approved under the Department of Environment and Climate Change’s general resource recovery exemption.

b) A compaction certificate is to be obtained from a geotechnical engineer verifying that the specified compaction requirements have been met.

40. Excavated Material

All excavated material removed from the site must be classified in accordance with the Department of Environment, Climate Change and Water NSW Waste Classification Guidelines prior to disposal to an approved waste management facility and reported to the principal certifying authority.

41. Survey Report

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

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

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

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

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

42. Waste Management

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

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

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.

43. Traffic Control Plan Compliance

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

44. Disturbance of Existing Site

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.

45. Construction Noise Management

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

46. Contamination During Construction Works

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

47. Construction Vehicle Access

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

48. Fulfilment of BASIX Commitments

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

49. Sydney Water – s73 Certificate

An s73 Certificate must be obtained from Sydney Water.

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

50. Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Council for completed road pavement, kerb and gutter, drainage systems, with water quality measures, driveways and on-site detention system.

51. Damage to Council Assets

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

52. Creation of Easements

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

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

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

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

53. Consolidation of Allotments

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

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

54. Certificate of Preservation Survey Marks

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

55. Garbage Collection Easement

For the purpose of waste collection, an easement entitling Council, its servants and agents and persons authorised by it to enter upon the subject land and to operate thereon, vehicles and other equipment for the purposes of garbage collection must be granted to Council by the owner of the land.

Note: The easement must be in a form prescribed by Council and must include covenants to the effect that parties will not be liable for any damage caused to the subject land or any part thereof or to any property located therein or thereon by reason of the operation thereon of any vehicle or other equipment used in connection with the collection of garbage and to the effect that the owner for the time being of the subject land shall indemnify the Council, its servants, agents and persons authorised by it to collect garbage against liability in respect of any such claims made by any person whomsoever.

56. Waste Management Details

The following waste management requirements must be complied with:

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

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

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

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

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

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

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

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

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

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

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

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

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

Note: Ramps between different levels are acceptable.

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

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

57. Planter Boxes/ On Slab Planting

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

58. Planting to Peats Ferry Road Setback

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

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

59. Completing of Landscaping

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

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

60. Location of Plantings

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

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

All plant stock must meet the specifications outlined in ‘Specifying Trees’ (Ross Clark, NATSPEC Books) and that the planting methods are current, professional (best practice) industry standards at the time of planting.

61. Final Certification

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

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

62. Boundary Fencing

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

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

63. Provision for National Broadband Network (NBN)

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

64. External Lighting

All external lighting must be designed and installed in accordance with Australian Standard AS 4282 – Control of the Obtrusive Effects of Outdoor Lighting. Certification of compliance with the Standard must be obtained from a suitably qualified person.

65. Unit Numbering

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

66. Construction of a Safe Environment

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

OPERATIONAL CONDITIONS

67. Waste Management

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

a) A site caretaker must be employed and be responsible for moving bins where and when necessary, washing bins and maintaining waste storage areas, ensuring the chute systems and related devices are maintained in effective and efficient working order, managing the communal composting area, managing the bulky item storage area, arranging the prompt removal of dumped rubbish, and ensuring all residents are informed of the use of the waste management system. The site caretaker must be employed for a sufficient number of hours each week to allow all waste management responsibilities to be carried out to a satisfactory standard.

68. Car Parking

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

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

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

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

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

69. Sight Distance to Pedestrians and Cyclists

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

70. Residential Parking Spaces

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

71. Visitors Access

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

72. Parking for People with Disabilities

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

73. Bicycle Parking Spaces

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

74. Motorcycle Parking Spaces

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

75. Landscape Establishment

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

76. Noise

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).

77. Fire Safety Statement - Annual

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

CONDITIONS OF CONCURRENCE – ROADS & MARITIME SERVICE

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.

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

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

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

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

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

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

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

Tree and Vegetation Preservation

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

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

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

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

Disability Discrimination Act

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

Dial Before You Dig

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

Telecommunications Act 1997 (Commonwealth)

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

Asbestos Warning

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

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

House Numbering

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

Group Manager’s Report No. PL39/16

Planning Division

Date of Meeting: 8/06/2016

9 DEVELOPMENT APPLICATION - SECTION 96(2) MODIFICATION TO APPROVED RESIDENTIAL FLAT BUILDINGS COMPRISING 69 UNITS - 305 AND 307 PEATS FERRY ROAD, ASQUITH AND 9 BELL STREET AND 4 LODGE STREET, HORNSBY

EXECUTIVE SUMMARY

DA No:	DA/214/2015/A (Lodged on 23 December 2015)
Description:	Section 96(2) application to modify two x five storey residential flat buildings by increasing the number of units from 69 to 70, alterations to the unit mix and minor design changes
Property:	Lot A DP 340410 and Lot 4 DP 136071305, Nos. 305-307 Peats Ferry Road, Asquith and No. 9 Bell Street and No. 4 Lodge Street, Hornsby
Applicant:	Asquith Property Developments Pty Ltd
Owner:	Ms Jennifer Catherine Garlick, Mr Stan S Stokes, Mr Edward John Zealand Black, Mrs Barbara Jean Black, Mr Tuo Liu and Ms Hongjun Song
Estimated Value:	$14,740,000

· The application involves a Section 96(2) modification to two x five storey residential flat buildings by increasing the number of units from 69 to 70, alterations to the unit mix and minor design changes.

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979, Development Application No. DA/214/2015/A for demolition of existing structures and construction of two x five storey residential flat buildings and basement car parking and subdivision of 4 Lodge St into two lots at Lot A DP 340410 and Lot 4 DP 136071305, Nos. 305-307 Peats Ferry Road, Asquith and No. 9 Bell Street and No. 4 Lodge Street, Hornsby be amended as detailed in Schedule 1 of Group Manager’s Report No. PL39/16.

BACKGROUND

On 12 August 2015, Council approved DA/214/2015 for the demolition of existing structures and construction of two x five storey residential flat buildings comprising 69 units and basement car parking and subdivision of 4 Lodge Street into two lots.

On 11 November 2015, DA/1474/2015 was submitted to Council proposing the construction of a joint basement carpark to service the approved five storey development under DA/214/2015 and an approved five storey development on the western adjoining property under DA/215/2015. The western adjoining property comprises Nos. 301-303 Peats Ferry Road and 2, 2A and 4 Lodge Street, and is subject to an approval for two x five storey residential flat buildings comprising 80 units.

On 23 December 2015, a Section 96(2) application was lodged to modify DA/214/2015 by increasing the number of units from 69 to 70, alterations to the unit mix and minor design changes. This application is the subject of this report.

On 2 May 2016, a meeting was held between Council officers and the applicant to discuss matters relating to the applications lodged with Council on the site and the western adjoining property. With respect to DA/214/2015/A which is the subject of this report, Council requested amended plans demonstrating additional privacy measures to improve privacy between balconies and adjoining units.

On 4 May 2016, the applicant submitted amended plans to address these privacy concerns.

SITE

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

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

The surrounding developments include single and two storey residential dwelling houses. The site adjoins the R2 – Low Density zone to the north on Bell Street. The adjoining eastern property was approved for five storey development on 3 September 2014 under DA/370/2014 and construction works on this development have commenced. A five storey residential development has been constructed on the southern side of Peats Ferry Road at Nos. 422 - 426 Peats Ferry Road. The site is opposite the Asquith Boys High School to the south of Peats Ferry Road. The adjacent western site has been approved for two x five storey residential flat buildings under DA/215/2015 and is also subject to a Section 96(2) application on the business paper for consideration by Council

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

THE APPROVED DEVELOPMENT

The development was approved for the demolition of existing structures and the erection of two x five storey residential flat buildings comprising 69 units and basement car parking and subdivision of No. 4 Lodge Street into two lots.

The approved unit mix comprises 25 x 1 bedroom units, 37 x 2 bedroom units and 7 x 3 bedroom units. Building 1 would have frontage to Peats Ferry Road and Building 2 is located to the rear of the site adjoining Bell Street. The buildings would include balconies fronting Peats Ferry Road, Bell Street and the eastern and western side setbacks.

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

A total of 86 car spaces were approved over two basement levels.

The site would drain to Peats Ferry Road with a below ground onsite detention system proposed under the driveway.

The subdivision of 4 Lodge Street into two lots formed part of the approval. The subdivision is necessary to create a regular shaped allotment to accommodate the approved development. A deferred commencement condition was applied requiring the registration of the allotment within 12 months of the date of the consent. The deferred commencement condition has not been satisfied.

PROPOSAL

The Section 96 application seeks to modify the approved development by increasing the total number of units from 69 to 70 units, alterations to the unit mix and minor design changes.

The modified unit mix is proposed as follows:

· 27 x 1 bedroom (increased by two units)

· 36 x 2 bedroom (decreased by one unit)

· 7 x 3 bedroom (unchanged)

The modifications relate to Level 5 and the mezzanine floor within Building 2, located at the rear of the site adjoining Bell Street. There are no proposed changes to the approved layout of Building 1 which fronts Peats Ferry Road.

To achieve the modified yield and mix, some of the larger units have been reduced in size, whilst each of the units on the fifth level are now proposed with mezzanines.

There are no proposed changes to the lower levels, basement car parking or landscaping under this application.

The application also proposes to modify condition No. 1 to allow for an additional 12 months to satisfy the deferred commencement condition due to unforeseen delays.

ASSESSMENT

1. STRATEGIC CONTEXT

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

2. STATUTORY CONTROLS

2.1 Environmental Planning and Assessment Act 1979 – Section 96(2)

Pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979, Council may consider an application to amend development consent provided that, inter alia:

a) it is satisfied that the development to which the consent as modified relates is substantially the same development, and

c) it has notified the application in accordance with the regulations, and

d) it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations.

With regard to Section 96(2)(a), the modified proposal would remain a two x five storey residential flat building development comprising 70 units with parking over two basement levels. The proposed layout, unit mix and the additional unit proposed would be located within the overall building envelope and would not significantly alter the built form. In this regard, it is considered that the modified application is substantially the same as the development originally approved.

With regard to Section 96(2)(b), the modified proposal did not require referral to any external agencies.

2.2 Hornsby Local Environmental Plan 2013

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

2.2.1 Zoning of Land and Permissibility

The subject land is zoned - insert zone name - under the HLEP. The objectives of the zone are:

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

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

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

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

2.2.2 Height of Buildings

2.2.3 Heritage Conservation

2.2.4 Earthworks

The matter was assessed at the time of the original application. The modified proposal does not include any further excavation and therefore, no further assessment is necessary.

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

This matter was assessed under the original application. The proposed modification would not alter the compliance if the development with SEPP 55.

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

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

The modified development would not alter the compliance of the original proposal with regard to SEPP 32.

2.6 State Environmental Planning Policy (Infrastructure) 2007

2.6.1 Development with Frontage to a Classified Road

The site has frontage to Peats Ferry Road which is a classified road and therefore, Clause 101 of the SEPP (Infrastructure) applies. The original application was referred to Roads and Maritime Services (RMS) who raised no objections subject to conditions. The modified proposal involves no change to the parking and access arrangements to the site. A traffic and parking assessment submitted with the application confirms that the modified proposal would not increase traffic demands of the development as the number of bedrooms remains unchanged, despite there being an additional unit proposed. This matter discussed is further detail in Section 3.2.2 of this report.

2.6.2 Impact of Road Noise

2.6.3 Traffic Generating Developments

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

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

Pursuant to the above provision, this amendment is required to be applied to the subject application as it modifies an approved development and was lodged on 23 December 2015.

The design principles of SEPP 65 are addressed in the following table.

Principle	Compliance
1. CONTEXT AND NEIGHBOURHOOD CHARACTER	Yes
Comment: This matter was assessed in detail under the original application. The modified development maintains the use of the land as residential flat buildings. The proposed modification maintains the desired future character of the precinct as envisaged by Council for residential flat buildings in landscaped settings with underground car parking. The proposal is considered to respond suitably to the ‘context and neighbourhood character’ principle of SEPP 65.
2. BUILT FORM AND SCALE	Yes
Comment: The scale of the modified proposal is in accordance with the height control and setbacks for the precinct prescribed within the Hornsby DCP. Flat roof forms have been adopted with an increased top storey setback on the external facades to minimise bulk and height of the building. The development achieves a scale consistent with the desired outcome for well-articulated buildings that are set back to incorporate landscaping, open space and separation between buildings.
3. DENSITY	Yes
Comment: The proposed modification is considered to be sustainable as it responds to the regional context, availability of infrastructure, public transport, community facilities and environmental quality and is acceptable in terms of density.
4. SUSTAINABILITY	Yes
Comment: The applicant has submitted a BASIX Certificate for the amended development. In achieving the required BASIX targets for sustainable water use, thermal comfort and energy efficiency, the proposed development would achieve efficient use of natural resources, energy and water throughout its full life cycle, including demolition and construction.
5. LANDSCAPE	Yes
Comment: The modified proposal does not alter the street level planting as previously approved. Accordingly, the application satisfies the intent of the ‘Landscape’ principle of SEPP 65.
6. AMENITY	Yes
Comment: The proposed units are designed with appropriate room dimensions and layout to maximise amenity for future residents. The proposal incorporates good design in terms of achieving natural ventilation, solar access and acoustic privacy. All units incorporate balconies accessible from living areas and privacy has been achieved through appropriate design and orientation of balconies and living areas. Storage areas have been provided within each unit and in the basement levels. The proposal would provide convenient and safe access via lifts connecting the basement and all other levels.
7. SAFETY	Yes
Comment: The modified proposal would not alter the compliance of the original proposal with regard to “safety and security”.
8. HOUSING DIVERSITY AND SOCIAL INTERACTION	Yes
Comment: The modified proposal incorporates a range of unit sizes to cater for different budgets, demographics and housing needs. The proposal responds to the social context in terms of providing a range of dwelling sizes with good access to social facilities and services as the site is located in close proximity to Asquith Railway Station and shops.
9. AESTHETICS	Yes
Comment: The proposed modification would not alter the approved architectural treatments, materials and finishes. The modified proposal maintains a flat roof to minimise building height and incorporates eaves which would cast shadows across the top storey wall. The articulation of the building, composition of building elements, textures, materials and colours would achieve a built form generally consistent with the design principles contained within the Apartment Design Guideline and the Hornsby DCP.

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

SEPP 65 - Apartment Design Guide
Control	Proposal	Requirement	Compliance
Deep Soil Zone	As approved	7% of site area	N/A
Communal Open Space	As approved	25%	N/A
Ground Level Private Open Space	As approved	15m² Min Depth of 3m	N/A
Solar Access (Living rooms and private open space areas)	2 hours for 70% of units	2 hours for 70% of units	Yes
Natural Cross Ventilation	47/70 units - 67%	60%	Yes
Minimum Dwelling Size	1 br – 50m²-56m² 2 br – 70m²-92m² 3 br – 96m^{2 -} 102m²	1 br – 50m² 2 br – 70m² 3 br – 90m² (+5m² for extra bathroom)	Yes Yes Yes Yes
Habitable room depth from a window for open plan layout (for amended units)	8m	8m from a window (max)	Yes
Minimum ceiling and storey height	2.7m (min) 2.4m 3.1m	2.7m(habitable rooms) 2.4m (mezzanine) 3.1m floor to floor	Yes Yes Yes
Minimum Balcony Size (minimum depth 2m – 2.4m)	1 bed >10m² 2 bed > 12m² 3 bed >14m²	1 bed 8m² 2 bed 10m² 3 bed 12m²	Yes Yes Yes
Maximum Number of Units on a Single Level	<8 units	8 units off a circulation core	Yes
Total Storage Area	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	Yes Yes Yes Yes

2.8.1 Apartment Size Layout

2.8.2 Height / Setbacks / Landscaping

The modified proposal would retain the height, setbacks, landscaping and security measures as approved under DA/214/2015. The application is assessed as satisfactory in this regard.

2.8.3 Storage

2.9 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.

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

2.11 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 relevant prescriptive requirements of the Plan:

Hornsby Development Control Plan 2013
Control	Proposal	Requirement	Compliance
Height	5 storeys + Mezzanine – 17.5m	5 storeys + Mezzanine – 17.5m	Yes
Lowest Residential Floor Above Ground	As approved	N/A	N/A
Maximum Floorplate Dimension	As approved	N/A	N/A
Building Indentation	7.5m x (3m to 4m) (West elevation Building 2) 4m x 4m (for east elevation Building	4m x 4m 4m x 4m	Unchanged Unchanged
Height of Basement Above Ground	As approved	N/A	N/A
Front Setback (Peats Ferry Road)	As approved	N/A	N/A
Front Setback (Bell Street)	As approved	N/A	N/A
Western Side Setback	As approved	N/A	N/A
Eastern Side Setback	Building 1 6m 4m for 8m building length Building 2 2.5m - 6m 4m for 12m building length	6m 4m < 1/3 frontage (13m for Building 1) 6m 4m < 1/3 frontage (12.6m Building 2)	Yes – Unchanged Yes - Unchanged
Top Storey Setback from Ground Floor	3m additional provided except for minor negligible encroachments	3m	Yes - Unchanged
Underground Parking Setback	As approved	N/A	N/A
Basement Ramp Setback	As approved	N/A	N/A
Deep Soil Landscaped Areas	As approved	N/A	N/A
Private Open Space	1br units – 10m² 2br units – 12m² 3br units –12m²	1br units – 10m² 2br units – 12m² 3br units – 16m²	Yes Yes No
Communal Open Space with Minimum Dimensions 4m	As approved	N/A	N/A
Parking (site within 800m of railway station)	75 resident spaces 11 visitor spaces 16 bicycle tracks 8 visitor bicycle racks 2 motorbike spaces	69 resident spaces 11 visitor spaces 15 bicycle tracks 8 visitor bicycle 2 motorbike space	Yes Yes Yes Yes Yes
Solar Access	70%	70%	Yes
Housing Choice	1BR – 27/70 = 39% 2BR – 36/70 = 51% 3BR – 7/70 = 10%	10% of each type 10% of each type 10% of each type	Yes Yes Yes
Adaptable Units	22/70 = 31%	30%	Yes

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

2.11.1 Built Form and Separation

The proposal involves design changes to incorporate one additional unit on the fifth floor of Building 2. Building 2 is the rear of the two approved building with frontage to Bell Street.

The modified proposal includes an increase in the mezzanine floor area, resulting in all units on the fifth floor of Building 2 being afforded a mezzanine. Whilst the modification results in additional building mass in the form of a mezzanine, the additions are confined to the eastern sides of Building 1 and would not be easily visible from Peats Ferry Road or Bell Street. The mezzanine additions comply with the maximum 17.5 metre building height requirement and maintain sufficient articulation and indentations in the built form to achieve the appearance of two separate building pavilions.

The modified proposal would not alter the setbacks of the development from Peats Ferry Road, Bell Street or the adjoining properties and would not alter the development’s compliance with the building separation requirements of the HDCP.

2.11.2 Privacy

The proposed modification involves the reconfiguration of the top floor units within Building 2, including minor changes to window placement and balconies. Concerns were raised in Council’s assessment that balconies adjoin windows of adjoining units which would result in privacy conflicts. Amended plans were submitted to Council on 4 May 2016 to address this issue to include additional screens to improve privacy between units. To further improve privacy, conditions have been recommended for a solid wall between balconies of U251 and U353. The modified proposal would achieve a reasonable level of privacy in accordance with the provisions of Part 3.4.9 of the HDCP.

Concerns were raised in a community submission regarding the privacy impacts of the development for nearby dwelling-houses. This matter was addressed in the original application. The proposed modification would not result in any significant design changes to the orientation and setback of balconies and is assessed as acceptable in terms of privacy impacts.

A request was made in a community submission for high fencing and planting of vegetation to improve privacy between the development and dwelling houses on Bell Street. This matter was considered under the original application. The approved landscape plan includes 1.8m high lapped and capped timber fencing, canopy trees and shrubs along all boundaries that would provide a buffer between the development and nearby residences.

2.11.3 Private Open Space

The principal private open space areas of U251 and U353 are 12 square metres in area which does not satisfy the prescriptive requirements of the HDCP that prescribes a minimum 16 square of open space for 3 bedroom units. Whilst the balconies do not satisfy the minimum area control, the balconies are regular in shape and have a depth of 2.5 metres, enabling the balconies to function as useable outdoor space. Furthermore, the balcony sizes satisfy the prescriptive requirements of the Apartment Design Guide that requires 12 square metres of open space for 3 bedroom units. The minor matter of non-compliance would not adversely impact on the amenity of the units and does not warrant refusal of the application.

2.11.4 Vehicular Access and Parking

The application does not propose any change to the number of car spaces or the vehicular access arrangements within the site. The original development generated a demand for 80 car spaces, based on 69 units comprising 25 x 1 bedroom units, 37 x 2 bedroom units and 7 x 3 bedroom units. The approved basement carpark included the provision of 86 car spaces, which amounts to 6 extra spaces than required by the HDCP.

The proposed modification is for one additional unit, with changes to the unit mix to 27 x 1 bedroom units, 36 x 2 bedroom units and 7 x 3 bedroom units. The modified proposal creates a demand for 78 car spaces, comprising 10 visitor spaces. The modified proposal maintains 86 car spaces within the basement and therefore complies with the parking rates prescribed under the HDCP.

2.12 Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2012-2021 applied to the original development as approval was granted for 69 units in lieu of the three existing residences. The modified proposal would result in an additional unit and changes to the unit mix. Accordingly, the condition for a monetary Section 94 contribution is recommended to be amended accordingly.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

Concerns were raised in a community submission that the development would necessitate the removal of established trees on the site. The objector requested that provision be made for re-planting of canopy trees at the rear of the site to improve the interface with the low density residential area. Exotic tree species which are exempt under Council’s Tree Preservation Order would be removed to accommodate the development. The Landscape Plan approved under the original development includes planting of canopy trees along all street frontages to create a landscape setting.

The modified proposal does not change the impact of the development on existing vegetation and no change is proposed to the approved landscape plan. No further consideration in this regard is required.

3.1.2 Stormwater Management

The proposed modification would not alter the approved method of stormwater disposal from the site.

3.2 Built Environment

3.2.1 Built Form

The modified proposal would not significantly alter the built form of the development when viewed from Peats Ferry Road, Bell Street, or adjoining properties. The proposal maintains compliance with the 17.5 metre height requirement and provides for a development that is consistent with the desired future character of the precinct.

3.2.2 Traffic

A traffic and parking assessment was submitted with the modified proposal having regard to the RMS Guide to Traffic Generating Development Updated Traffic Surveys – Technical Direction 04a dated August 2013. Despite there being changes to the unit mix and an increase of one unit under the modified proposal, the report notes that both the approved development and the proposed modification include a total of 120 bedrooms. Given this, the traffic and parking assessment states that modified proposal would not result in any additional traffic impacts from that previously accepted by Council and the RMS.

The approved and modified proposal would produce a net traffic generation of 11 vehicles during the AM peak hours and 8 vehicles during the PM peak hours which is considered to be negligible when compared with the traffic volumes on the adjacent road network. In this regard, the traffic volume on Peats Ferry Road is currently in the order of 1000 vehicles per hour two way in peak hours. In the vicinity of the development site, Peats Ferry Road has one travel lane per direction. In terms of carriageway capacity, this equates to 1,800 vehicles per hour per lane. Based on the observed traffic flows, the estimated degree of congestion of Peats Ferry Road has been established to be less than 27% of nominal capacity.

3.3 Social Impacts

3.4 Economic Impacts

This modified proposal would achieve a positive economic impact on the locality via employment generation during construction and minor 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 matter has been assessed in within the assessment of the original development application. No further assessment is necessary.

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 19 January 2016 and 4 February 2016 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received one submission. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

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

· Unacceptable impact on established trees;

· Safety issues for nearby residents if the site is not secured with fencing;

· Safety issues for nearby residents as a result of demotion of houses containing asbestos;

· Safety issues for adjoining residents as a result of construction vehicles using Bell Street;

· Privacy impacts on adjoining dwelling houses;

· An inappropriate development outcome as a result of zoning that permits a five storey development adjoining land zone for low density residential; and

· Traffic and amenity impacts on nearby residents resulting from vehicular and pedestrian access from Lodge Street or Bell Street.

Additional requests include:

· Council to provide alternate housing for nearby residents during demolition and construction;

· Planting of canopy trees to provide a buffer between the development and existing dwellings on Bell Street; and

· High fencing on Bell Street frontage to improve privacy.

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

5.1.2 Construction Fencing

The submission raises concern regarding the measures in place to secure the site during construction to prevent children from entering the site.

Construction sites are required to be secured with fencing in accordance with Work Cover requirements. A condition was applied to the original consent requiring fencing to be erected around the development site prior to the commencement of works. In the instance where the site is not secured in accordance with WorkCover requirements, this can be reported to the Principal Certifying Authority, Work Cover or Council for investigation.

5.1.2 Construction Vehicles Using Bell Street

The submission raises concern regarding the potential for construction vehicles using Bell Street. A condition was applied to the original consent requiring the preparation of a Construction Traffic Management Plan (CTMP), which is to detail construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control measures. Council will review the CTMP, advise of any necessary modifications to the applicant and enforce the CTMP during construction. It is unlikely that Council would permit construction vehicles to use Bell Street due to load limit restrictions.

5.1.3 Asbestos Removal

The submission raises concern regarding the demolition of houses containing asbestos and the safety implications for nearby residents. It was requested in the submission that Council provide alternate housing during the demolition phase to address this concern.

Council applied a standard condition to the original consent requiring that all demotion work is to be carried out in accordance with Australian Standard 2601 – 2002 – The Demolition of Structures and that where asbestos material is being removed, must be undertaken by a contractor that holds an appropriate licence issued by WorkCover NSW in accordance with Chapter 10 of the Occupational Health and Safety Regulation 2001 and Clause 29 of the Protection of the Environment Operations (Waste) Regulation 2005. In addition, a standard commercial manufactured sign warning of asbestos removal is required to be erected in a prominent position visible from the street. It is not within Council’s role or capacity to provide alternate housing during construction.

The submission queries the expected time frame for demolition works. There are no Council controls or conditions that limit time permitted to carry out demolition or construction works. However, previous experience with other 5 storey developments indicates that construction takes approximately 12 months with demolition of existing structures completed within a few weeks.

5.1.4 Pedestrian and Vehicular Access

A community submission raises concern that vehicular or pedestrian access to the building from Lodge Street or Bell Street would have adverse traffic and amenity impacts for nearby residences. The original development was approved with vehicular access from Peats Ferry Road. Pedestrian entrances and paths were approved from Peats Ferry Road and Bell Street. The current application does not propose to alter the approved access arrangements and therefore no further consideration is required for this assessment.

5.1.5 Waste Management

Waste collection was approved at basement level from Peats Ferry Road. The current application does not propose to alter the approved waste collection arrangements.

5.1.6 Lighting

The community submission raises concern with respect to bright lighting within the development that could impact on the amenity of nearby dwelling-houses. A condition was applied to the original consent requiring external lighting to be designed and installed in accordance with Australian Standard AS 4282 – Control of the Obtrusive Effects of Outdoor Lighting.

5.1.7 Zoning

The subject site was rezoned from Residential A (Low Density) to Residential C (Medium-High Density) on 2 September 2011 as part of Council’s Housing Strategy. The appropriateness of the development for the site was considered in the original application.

5.2 Public Agencies

The development application was not required to be referred to any public agencies.

6. THE PUBLIC INTEREST

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

CONCLUSION

The application proposes to modify the approved residential flat building by increasing the number of units from 69 to 70, changes to the unit mix and minor design changes. The application also seeks consent to permit an additional 12 months to satisfy the deferred commencement condition for the subdivision of No. 4 Lodge Street.

The proposal is consistent with Section 96(2) of the Environmental Planning and Assessment Act 1979 and is substantially the same development as originally approved.

The modified proposal is assessed as satisfactory having regard to matters for consideration pursuant to Section 79C of the Environmental Planning and Assessment Act 1979.

One submission was received during the notification period. The matters raised in the submission have been addressed in the body of this report.

Having regard to the circumstances of the case, approval of the modification is recommended.

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

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Floor Plan - Level 4 and 5
3.View	Floor Plan - Attic and Roof
4.View	Elevation Plan

File Reference: DA/214/2015/A

Document Number: D06938037

Schedule 1

Date of this modification:	8 June 2016
Details of this modification:	Section 96(2) to increase the number of units from 69 to 70, alterations to the units mix and minor design changes.
Conditions Added:	None
Conditions Deleted:	None
Conditions Modified:	1, 2, 3 and 6

SCHEDULE 1

GENERAL CONDITIONS

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

1. Deferred Commencement

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

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

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

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

2. Approved Plans and Supporting Documentation

Plan No.	Plan Title	Drawn by	Dated
Ref 17387	Survey Plan	Norton Survey Partners	24/10/10
Ref 17387	Plan showing existing and proposed lot layouts	Norton Survey Partners	27/1/15
A50 - C	Plan B2 & B1	Mijollo International	1/7/15
A52- C	Plans L1 to L3	Mijollo International	1/7/15
A55- F	Plans L4 & L5	Mijollo International	2/5/16
A57- D	Plans Attic & Roof	Mijollo International	10/12/15
A401- E	North, East, South & West Elevations	Mijollo International	22/12/15
A501- C	Section A-A + Internal Elevations	Mijollo International	13/6/15
A611- A	Shadow diagrams	Mijollo International	6/2/15
	Solar Access for Eastern and Western Facades	Mijollo International	Received on 2 7/15
LPDA15-287/1 E	Landscape Plan	Conzept Landscape Architects	20/7/15
LPDA15-287/2 A	Landscape plan (level 4 & 5)	Conzept Landscape Architects	9/9/14
LPDA15-287/3 A	Landscape Details	Conzept Landscape Architects	9/2/15
14051-C201 Rev P1	Erosion & Sediment Control Plan	TDL Engineering Consultants	14/1/15
14051-C101- 104 Rev P1	Stormwater Management Plan Level 1 Layout	TDL Engineering Consultants	14/1/15

Document Title	Prepared by	Dated
Statement of Environmental Effects	Caladines Town Planning P/L	Feb 2015
Statement of Environmental Effects – Section 96(2)	Caladines Town Planning P/L	December 2015
Waste Management Plan	Ben Hewlett	25/2/15
Music Model – Stormwater pollutant targets	Unnamed	Submitted 4/6/15
Traffic & Parking Report	Ason Group	11/2/15
SEPP 65 Certification	Matthew Cumming (Mijollo International P/L)	24/2/15
Accessibility Report	Abe Consulting	10/2/15
Basix Assessment Report No. ES20141125_00	ESD Synergy P/L	21/12/15
Basix Certificate No. 607563M_03	ESD Synergy P/L	21/12/15
Cost Summary Report	QS1 P/L	2/2/15
1410-A Materials Schedule	Mijollo International P/L	6/2/15

3. Amendment of Plans

The approved plans are to be amended as follows:

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

b) To improve privacy between units, a solid wall to divide the balconies of U251 and U353 is required.

4. Acoustic Report

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

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

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

5. Construction Certificate

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

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

6. Section 94 Development Contributions

Description	Contribution (4)
Roads	$83,220.82
Open Space and Recreation	$794,795.05
Community Facilities	$111,422.82
Plan Preparation and Administration	$3,318.18
TOTAL	$992,756.87

being for 27 x 1 bedroom units, 36 x 2 bedroom units and 7 x 3 bedroom units and including a credit for three existing dwelling houses.

b) The value of this contribution is current as at 22 July 2015 If the contributions are not paid within the financial quarter that this condition was generated, the contributions payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 94 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$C_PY
=$C_DC x CPI_PY

CPI_DC

Where:

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

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

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

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

c) The monetary contributions shall be paid to Council:

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

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

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

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

7. Building Code of Australia

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

8. Contract of Insurance (Residential Building Work)

9. Notification of Home Building Act, 1989 Requirements

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

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

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

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

i) The name of the owner-builder; and

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

10. Utility Services

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

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

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

11. Sydney Water – Quick Check

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

12. Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of all adjoining properties including Nos. 303 and 309 Peats Ferry Road and Nos 2 2A Lodge Street.

13. Traffic Control Plan

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

a) Arrangements for public notification of the works;

b) Temporary construction signage;

c) Permanent post-construction signage;

d) Vehicle movement plans;

e) Traffic management plans;

f) Pedestrian and cyclist access/safety.

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

14. Construction Management Plan

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

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

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

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

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

15. Adaptable Units

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

16. Construction Vehicles

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

17. Construction Traffic Management Plan

18. Pedestrian Access Management Plan

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

19. Preservation of Survey Infrastructure

20. Waste Management

The following waste management requirements must be complied with:

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

b) The access way (including ramp, vehicle turning area, loading bay and site entry/exit) to be used by waste collection vehicles, must be designed in compliance with Australian Standard AS2890.2-2002 Parking Facilities Part 2:Off-Street Commercial Vehicle Facilities for small rigid vehicles.

c) Storage space must be provided for motorised bin carting equipment

d) The doors to the recycling and garbage collection rooms are to be approximately 3m side roller doors.

21. Waste Management Details

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

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

22. Acoustic Report

The Construction Certificate plans must demonstrate compliance with the recommendations in the submitted Acoustic Report (required as per condition No. 4) including materials of construction and glazing details.

23. Driveway Longitudinal Sections

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

24. Stormwater Drainage – Dwellings

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

c) A construction certificate application is to be submitted to Council for discharging stormwater to Council pit. All works are to be carried out in accordance with Council’s Civil Works Specifications 2005.

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

25. On-Site Stormwater Detention

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

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

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

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

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

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

26. Water Quality/Bio Retention System

Stormwater discharging from the development site is to be treated to achieve the quality specified in the HDCP 2013 (table 1C.1.2(b) Urban Stormwater Quality Targets). A Chartered Civil/Hydraulic Engineer of the Institution of Engineers, Australia is to certify that works have been completed in accordance with the approved construction plan and the measures will achieve the targets specified in the condition.

27. Vehicular Crossing

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

b) The footway area must be restored by turfing;

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

28. Internal Driveway/Vehicular Areas

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

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

b) The driveway must be a rigid pavement.

29. Road Works

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

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

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

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

30. Erection of Construction Sign

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

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

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

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

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

31. Protection of Adjoining Areas

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

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

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

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

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

32. Toilet Facilities

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

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

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

33. Erosion and Sediment Control

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

REQUIREMENTS DURING CONSTRUCTION

34. Construction Work Hours

35. Demolition

All demolition work must be carried out in accordance with “Australian Standard 2601-2001 – The Demolition of Structures” and the following requirements

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

36. Environmental Management

37. Street Sweeping

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

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

38. Council Property

39. Landfill

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

b) A compaction certificate is to be obtained from a geotechnical engineer verifying that the specified compaction requirements have been met.

40. Excavated Material

41. Survey Report

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

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

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

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

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

42. Waste Management

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

43. Traffic Control Plan Compliance

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

44. Disturbance of Existing Site

45. Construction Noise Management

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

46. Contamination During Construction Works

47. Construction Vehicle Access

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

48. Work Zone

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

49. Fulfilment of BASIX Commitments

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

50. 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.

51. Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Council for completed road pavement, kerb & gutter, drainage systems, with water quality measures, driveways and on-site detention system.

52. Damage to Council Assets

53. Creation of Easements

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

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

54. Consolidation of Allotments

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

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

55. Certificate of Preservation Survey Marks

56. Garbage Collection Easement

57. Waste Management Details

The following waste management requirements must be complied with:

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

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

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

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

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

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

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

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

Note: Ramps between different levels are acceptable.

g) A survey of the finished access way (including ramp, waste collection, vehicle turning area, loading bay and site entry/exit) to be used by SRV waste collection vehicle, must be carried out by a registered surveyor and submitted to the principal certifying authority. Written confirmation must be submitted to the Principal certifying authority from a qualified Traffic Engineer, that this survey confirms the finished access way within the waste collection vehicle turning path was designed and constructed in compliance with Australian Standard AS2890.2-2002 Parking Facilities Part 2:Off-street Commercial Vehicle Facilities for small rigid vehicles.

h) The 3.5 metre clearance height within the waste collection vehicle travel path must not be reduced by ducting, lights, pipes or anything else.

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

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

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

k) The 2 x 660L bin liner fitted to each garbage chute to automatically change the bin under the chute when it becomes full must not include compaction.

58. Planter Boxes/ On Slab Planting

59. Planting to Peats Ferry Road Setback

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

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

60. Completing of Landscaping

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

61. Location of Plantings

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

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

62. Final Certification

A certificate from suitably qualified Acoustic consultant must be submitted to the Principal Certifying Authority stating compliance with the provided conditions of this consent.

63. 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).

64. External Lighting

65. Provision for National Broadband Network (NBN)

66. Unit Numbering

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

67. Construction of a Safe Environment