Agenda of General Meeting

Group Manager’s Report No. PL55/16

Planning Division

Date of Meeting: 13/07/2016

2 DEVELOPMENT APPLICATION - TWO, FIVE STOREY RESIDENTIAL FLAT BUILDINGS COMPRISING 56 UNITS - 51, 53 AND 53A BALMORAL STREET, WAITARA

EXECUTIVE SUMMARY

DA No:	DA/1700/2015 (Lodged 29 December 2015)
Description:	Demolition of existing structures and the construction of two, five storey residential flat buildings comprising 56 units with basement car parking.
Property:	Lots 2, 3 and 4 DP 370816 Nos. 51, 53 and 53A Balmoral Street, Waitara
Applicant:	Waitara Group Pty Ltd
Owner:	Mr Michele Inzerillo, Mrs Nunzia Inzerillo, Ageing, Disability & Home Care – Hornsby and Waitara Group Pty Ltd
Estimated Value:	$14,693,960

· The application involves demolition of the existing structures and construction of two, five storey residential flat buildings comprising 56 units with basement car parking.

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

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

· An independent assessment of the development application (report attached) has been undertaken by GLN Planning.

· In accordance with the assessment of the independent consultant it is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/1700/2015 for demolition of existing structures and the construction of two, five storey residential flat buildings comprising 56 units with basement car parking at Lots 2, 3 and 4 DP 370816, 51, 53 and 53A Balmoral Street, Waitara be approved in accordance with the recommendation of the independent consultant’s report and conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL55/16.

ASSESSMENT

The application involves demolition of existing structures and construction of two, five-storey residential flat buildings comprising 56 units over a common basement car park with 71 spaces including visitors’ spaces, bicycle and motorbike spaces.

Council engaged an independent town planning consultant, GLN Planning, to assess the large scale development. The report by GLN Planning is attached to this report for consideration. The report concludes that the proposed development is designed in accordance with the Key Principles of the ‘Balmoral Street, Waitara precinct’ of the HDCP and would contribute to the future desired five storey residential character of the precinct. The proposal generally complies with the design principles of SEPP 65 and the Apartment Design Guide.

The independent town planning consultant recommends approval of the application.

CONCLUSION

The application proposes demolition of the existing dwellings and outbuildings and construction of two five storey residential flat buildings and basement car parking.

Council has referred the application to an independent planning consultancy to carry out an assessment of the application and to consider public submissions. The assessment concludes that the application should be approved.

It is recommended that Council approve the application in accordance with the recommendation in the report prepared by GLN Planning and the conditions of consent detailed in Schedule 1 of this report.

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

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Plan
2.View	Independent Consultant Report - GLN Planning
3.View	Landscape Plan
4.View	Floor Plans
5.View	Elevations and Sections
6.View	Solar Access Study
7.View	Photomontage

File Reference: DA/1700/2015

Document Number: D06980102

SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1. Approved Plans and Supporting Documentation

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

Plan No.	Plan Title	Drawn by	Dated
DA-B 03 Issue B	Basement 2	Zhinar Architects	June 2016
DA-B 04 Issue B	Basement 1	Zhinar Architects	June 2016
DA-B 05 Issue B	Ground + Site Plan	Zhinar Architects	June 2016
DA-B 06 Issue B	First Floor Plan	Zhinar Architects	June 2016
DA-B 07 Issue B	Second Floor Plan	Zhinar Architects	June 2016
DA-B 08 Issue B	Third Floor Plan	Zhinar Architects	June 2016
DA-C 09 Issue C	Fourth Floor Plan	Zhinar Architects	29 June 2016
DA-C 10 Issue C	Roof Plan	Zhinar Architects	29 June 2016
DA-B 11 Issue B	Section 1	Zhinar Architects	June 2016
DA-B 12 Issue B	Section 2	Zhinar Architects	June 2016
DA-B 13 Issue B	Section 3	Zhinar Architects	June 2016
DA-C 14 Issue C	Elevations 1	Zhinar Architects	29 June 2016
DA-C 15 Issue C	Elevations 2	Zhinar Architects	29 June 2016
15348 D1 B	Details, Notes and Legend	Quantum Engineers	20/04/2016
15348 D2 B	Basement Level 2	Quantum Engineers	20/04/2016
15348 D3 B	Basement Level 1	Quantum Engineers	20/04/2016
15348 D4 B	Site, Ground Floor Plan	Quantum Engineers	20/04/2016
15348 D5 B	Easement Drainage Plan	Quantum Engineers	20/04/2016
15348 D6 B	OSD Details and Calculations	Quantum Engineers	20/04/2016
15348 D7 B	WSUD Details and Model	Quantum Engineers	20/04/2016
15348 D8 B	Sediment Control Plan	Quantum Engineers	20/04/2016
15348 D9 B	Sediment Control Details	Quantum Engineers	20/04/2016
15/1836/DA 1 of 3 Issue A	Landscape Plan	Paul Scrivener	22/12/2015
15/1836/DA 2 of 3 Issue A	Landscape Planting Plan	Paul Scrivener	22/12/2015
15/1836/DA 3 of 3 Issue A	Landscape Calculations and Notes	Paul Scrivener	22/12/2015

Document Title	Document Name	Prepared by	Dated
DA-B 00 Issue B	Cover	Zhinar Architects	June 2016
DA-A 01 Issue A	Site Analysis	Zhinar Architects	December 2015
DA-A 02 Issue A	Urban Context	Zhinar Architects	December 2015
DA-C 16 Issue C	Materials Schedule 1	Zhinar Architects	29 June 2016
DA-C 17 Issue C	Materials Schedule 2	Zhinar Architects	29 June 2016
DA-C 18 Issue C	Materials Schedule 3	Zhinar Architects	28 June 2016
DA- A19 - 20 Issue A	Solar Study	Zhinar Architects	December 2015
DA:A21 Issue A	Shadow Diagrams	Zhinar Architects	December 2015
0635/282974	Survey Plan	Donovan Associates	5/11/2015
A5U123A2	Access Compliance Assessment Report	Certified Building Specialists	8/06/2016
1699	Arboricultural Impact Assessment Report	Redgum Horticultural	22/12/2015
693413M	BASIX Certificate	Eco Certificates Pty Ltd	22/12/2015
-	Statement of Environmental Effects	Think Planners	22/12/2015
-	Design Verification Statement	Zhinar	December 2015
8465	Waste Management Plan	Waitara Group P/L	17/12/2015

2. Removal of Existing Trees

a) This development consent permits the removal of trees numbered 1-20 and 23 as identified on Survey Plan prepared by Donovan Associates dated 5/11/2015.

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

3. Amendment of Plans

a) To comply with Councils requirement in terms of visual privacy the approved plans are to be amended as follows (marked in red):

i) The north facing windows to living areas for units 28 and 53 are to be highlight windows with a minimum sill height of 1.5m above the finished floor level;

ii) The living area and bedroom windows with a setback of 4m from the northern and southern boundaries (side boundaries) of Block B of the development on all levels up to level 4 are to be highlight windows with a minimum sill height of 1.5m above the finish floor level of that floor;

iii) The kitchen and bedroom windows with a setback of 4m from the southern boundary (side boundary) of Block A of the development on all levels up to level 4 are to be highlight windows with a minimum sill height of 1.5m above the finish floor level of that floor;

iv) The living room windows on the eastern elevation of Block B (internal) to units 37, 43 and 49 are to be highlight windows with a minimum sill level of 1.5m above the finished floor level; and

v) A minimum of 2 motorcycle parking spaces are to be provided in the basement.

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

4. Project Arborist

A Project Arborist is to be appointed in accordance with AS 4970-2009 (1.4.4) to provide monitoring and certification throughout the development process. The details of the appointed Arborist are to be provided to Council and the PCA prior to the issue of the construction certificate.

5. Construction Certificate

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

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

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

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

6. Section 94 Development Contributions

a) In accordance with Section 80A(1) of the Environmental Planning and Assessment Act, 1979 and the Hornsby Shire Council Section 94 Development Contributions Plan 2014-2024, the following monetary contributions must be paid to Council to cater for the increased demand for community infrastructure resulting from the development:

Description	Contribution (4)
Roads	$29,468.10
Open Space and Recreation	$613,680.60
Community Facilities	$235,917.25
Plan Preparation and Administration	$1,979.20
TOTAL	$881,045.15

being for 5 x 1 bedroom units, 46 x 2 bedrooms units, and 5 x 3 bedrooms with a credit of three existing dwellings.

b) The value of this contribution is current as at 22 June 2016. If the contribution is not paid within the financial quarter that this condition was generated, the contribution payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 94 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$CPY = $CDC x CPIPY

CPIDC

Where:

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

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

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

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

c) The monetary contribution must be paid to Council:

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

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

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

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

7. Building Code of Australia

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

8. Contract of Insurance (Residential Building Work)

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

9. Notification of Home Building Act, 1989 Requirements

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

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

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

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

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

i) The name of the owner-builder; and

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

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

10. 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 – Approval

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

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

12. Dilapidation Report

a) A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of adjoining properties at 55 Balmoral Street, 40 Edgeworth David Avenue and 40 – 42A Park Avenue, Waitara.

b) To record the structural condition of all properties adjoining the approved development, a dilapidation report must be prepared by a suitably qualified structural engineer for inclusion with the application of the Construction Certificate.

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; and

f) Pedestrian and cyclist access/safety.

14. Identification of Survey Marks

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

15. Stormwater Drainage

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

a) Connected directly to Council’s street drainage system in Park Avenue via the inter-allotment drainage system within Lot 1 DP 1201825, Nos. 40-42A Park Avenue, Waitara. The inter-allotment drainage system shall be designed and constructed in accordance with Hornsby Council’s Civil Works Design Specification.

16. On-Site Stormwater Detention

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

a) The permitted site discharge from the development site shall be amended to limit the flows for all storms up to the 20 year ARI storm to the 5 year ARI pre-development flows or 55 litres per second whichever is the lessor.

b) The minimum storage capacity required to limit the flows for all storms up to the 20 year ARI storm shall be provided.

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

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

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

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

17. Stormwater Quality Requirements

Stormwater quality treatment measures shall be designed generally in accordance with the approved plans listed in Condition 1 of this development consent and the MUSIC Model outlined in the Music Link Report Ref No.06675.

Prior to the issue of a construction certificate, a qualified engineer shall certify that the MUSIC model and stormwater treatment design plans submitted for approval to the principal certifying authority are in accordance with the stormwater quality targets outlined in Hornsby Council’s Development Control Plan 2013 - Table 1C.1.2(b) and the MUSIC Link Validation Report.

18. Vehicular Crossing

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

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

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

c) The footway area must be restored by turfing;

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

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

19. Road Works

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

a) The existing kerb and gutter in Balmoral Street for the full frontage of the development site shall be removed and reconstructed together with footpath formation, necessary drainage and sealing of road pavement between the existing pavement and lip of the gutter.

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

Note: A separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for all works within the road reserve.

20. Footpath

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

a) The existing footpath being removed.

b) Construction of a concrete footpath to the full frontage of the development site in Balmoral Street.

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

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

Note: A separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for all works within the road reserve.

21. Internal Driveway/Vehicular Areas

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

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

b) The driveway be a rigid pavement.

c) The driveway grade must not exceed 25 percent and changes in grade must not exceed 8 percent per plan metre where access is provided for domestic use.

d) Longitudinal sections along both sides of the access driveway shall be submitted to the principal certifying authority in accordance with the relevant sections of the Australian Standards AS 2890 and the following requirements.

i) The maximum grade for the first 6 metres from the property boundary shall not exceed 1 in 20 (5%).

ii) Designed for Heavy Rigid Vehicle access to the bin storage room garbage collection.

iii) The longitudinal sections shall incorporate the design levels obtained by Council.

iv) A certificate from a qualified engineer shall be submitted to the principal certifying authority certifying that the driveway grades, headroom clearance, aisle widths and parking areas have been designed in accordance with Australian Standards AS 2890.1

22. Parking for Disability

All car parking spaces required for people with disability shall be designed in accordance with Australian Standards AS 2890.6:2009 – Off-Street Parking for people with disability.

23. Construction Traffic Management Plan

In order to enable unencumbered movement of traffic in the public road during construction works, a Construction Management Plan, including a Traffic Management Plan and scaled construction plans prepared by a suitably Chartered and Qualified Chartered Civil Engineer and Qualified Worksite Traffic Controller shall be prepared and submitted to Hornsby Shire Council for approval according to the following requirements:-

a) A copy of the plans shall be submitted for consideration and written approval by Hornsby Shire Council prior to the release of the Construction Certificate.

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

c) The CTMP plans shall be in accordance with the approved Development Application plans and the Development Consent conditions.

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

e) The Plan shall be generally in compliance with the requirements of the Road and Traffic Authority’s “Traffic Control at Worksites Manual 1998” and detailing:-

i) Public notification of proposed works;

ii) Long term signage requirements;

iii) Short term (during actual works) signage;

iv) Vehicle Movement Plans, where applicable;

v) Traffic Management Plans;

vi) Pedestrian and Cyclist access and safety;

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

g) The plans shall include the proposed truck routes to and from the site including details of the frequency of truck movements at the different stages of the development. The plan shall also include details of parking arrangements for all employees and contractors.

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

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

24. Adaptable Units/Letter Boxes/Storage

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

a) The development is required to provide 6 units designed as adaptable housing pursuant to the requirements of 1C.2.2 of the Hornsby Development Control Plan 2013. In this regard, six (6) car parking spaces are to be designed for people with a disability and allocated to 6 accessible units;

b) A minimum of 20% of the units, being 12 units are to be designed in accordance with the Liveable Housing Guidelines (2012) silver level design;

c) The letter boxes must be located as shown on the approved planDA0B – 05 Issue B;

d) The ground level bin collection area/bin holding area must have minimum internal dimensions no less than 3.2m by 5.2m; and

e) Each dwelling within the development must have a minimum area for storage (not including kitchen and bedroom cupboards) for 6m³ for one bedroom units, 8m³for two bedroom units and 10m³ for three bedroom units, where 50% is required to be located within the apartment and accessible from either the hall or living area.

25. Waste Management Details

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

a) Storage space must be provided for all equipment required for the operation of the waste management system, including a bin lifter(s) and motorised bin carting equipment;

b) There must be sufficient vertical clearance to operate the bin lifter in the bin room at the basement level.

c) A bulky waste storage area of at least 8m² must be provided at the basement level.

d) The first 3m of the temporary bin standing area at the ground level, calculated from the nearest point at the front boundary, must comply with the following requirements:

i) There must be no step, raised kerb, retaining wall or any other obstacle between the temporary bin standing area and the driveway; and

ii) The temporary bin standing area must be at the same level as the driveway; and

iii) The gradient of the driveway must not exceed 1:20 for the first 6 m of the driveway;

Note: If necessary, the edge of the driveway can be marked by paint for the length of the temporary bin standing area.

e) Each bin cupboard on each residential level with less than 8 dwellings, must have internal dimensions of no less than 1.5 m wide by 0.9 m deep, and double doors of total width no less than 1.4 m.

f) Each bin cupboard on each residential level with 8 or more dwellings, must have internal dimensions of no less than 2.1 m wide by 0.9 m deep, and double doors of total width no less than 2.0 m.

g) Each bin cupboard must be accessible by persons with a disability.

h) There must be a bin cupboard on each residential level of each building. The doors must be positioned so that the bins can fit through.

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

i) A Waste Management Plan Section One – Demolition Stage and Section Three – Construction Stage, covering the scope of this project and including the following details, is required to be submitted to Council:

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

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

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

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

26. Erection of Construction Sign

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

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

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

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

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

27. Protection of Adjoining Areas

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

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

b) Could cause damage to adjoining lands by falling objects; and/or

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

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

28. Toilet Facilities

a) To provide a safe and hygienic workplace, toilet facilities must be available or be installed at the works site before works begin and must be maintained until the works are completed at a ratio of one toilet for every 20 persons employed at the site.

b) Each toilet must:

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

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

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

29. Erosion and Sediment Control

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

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

30. Tree Protection Barriers

a) To safeguard the natural environment during the approved development works, tree protection fencing must be erected around tree Nos. 21, 22, 24, 25, 26 and 27 identified in the Survey Plan prepared by Donovan Associates dated 5/11/2015, at nominated setbacks listed in the Arboricultural Assessment Report prepared by Red Gum Horticultural dated 22/12/2015.

b) All trees proposed to be retained on site must have tree protection measures for the ground, trunk and canopy installed in accordance with the Australian Standard ‘Protection of Trees on Development Sites (AS 4970-2009) and the Arboricultural Assessment Report prepared by Red Gum Horticultural dated 22/12/2015.

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

d) A certificate from the Project Arborist must be submitted to the Principal Certifying Authority and Council stating compliance with the relevant tree protection conditions of this consent.

REQUIREMENTS DURING CONSTRUCTION

31. Construction Work Hours

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

32. Demolition

To protect the surrounding environment, all demolition work must be carried out in accordance with “Australian Standard 2601-2001 – The Demolition of Structures” and the following requirements:

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

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

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

33. 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.

34. Street Sweeping

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

35. Works Near Trees

a) To protect trees to be retained, all required tree protection measures are to be maintained in good condition for the duration of the construction period.

b) Any scaffolding must be erected outside the tree protection zone of all trees to be retained on site in accordance with Section 4.5.6 of AS4970 – 2009.

c) Approved works within the nominated Tree Protection Zones (where encroachment is more than 10%) of all trees required to be retained on the site must be carried out in accordance with the methods listed in the Arboricultural Assessment Report prepared by Red Gum Horticultural dated 22/12/2015 and the following requirements:

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

ii) Root/ground protection/root pruning outside the structure root zone of a tree and underground services installation must be provided in accordance with AS 4970-2009 (Clause 4.5.4 and clause 4.5.5);

iii) The Structural Root Zone of any tree required to be retained must remain intact;

iv) Activities within the Tree Protection Zone must comply with AS 4970-2009 (Clause 4.2); and

v) Installation of services must be undertaken using sensitive methods such as directional drilling or in manually excavated trenches;

vi) Machinery other than hand held must not enter or carry out works on public land.

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

d) The Project Arborist must monitor and record any necessary remedial actions for maintaining tree health and condition required for trees numbered 21, 22, 24, 25, 26 and 27.

e) The appointed Project Arborist must monitor and record all changes or modifications required regarding tree protection measures for the period of construction.

f) A certificate must be submitted to the principal certifying authority by the Project Arborist detailing the method(s) used to preserve these tree(s) during the course of construction.

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

36. Council Property

To ensure that the public reserve is kept in a clean, tidy and safe condition during construction works, no building materials, waste, machinery or related matter is to be stored on the road/footpath/nature strip in front of the site including the grass verge within the Mittabah Road reserve.

37. Landfill

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

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

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

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

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

38. Excavated Material

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

39. Survey Report – Finished Floor Level

The following reports 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;

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

iii) The height of the topmost level of the building including lift overruns and the roof overhang is a maximum of 17.5m above the natural ground level at that point.

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

40. Waste Management

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

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

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

41. Compliance During Construction Works

The development must be carried out in accordance with the following approved documents:

a) Traffic Control Plan (TCP); and

b) Construction Traffic Management Plan (CTMP).

42. Maintenance of Public Footpaths

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

43. Fulfilment of BASIX Commitments

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

44. Sydney Water – s73 Certificate

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

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

45. Certification of WSUD Facilities

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

46. Damage to Council Assets

To protect public property and infrastructure any damage caused to Council’s assets including the removal, damage, destruction, displacement or defacing of the existing survey marks as a result of the construction or demolition of the development must be rectified by the applicant in accordance with Council’s Civil Works Specifications.

The public reserve must not sustain any damage or be at risk of damage as a result of the works associated with this consent.

47. Car Parking and Vehicular Areas

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

a) The driveway to be designed in accordance with Condition 21 of this development consent;

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

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

d) Eight (8) visitors’ spaces are to be provided at the basement level. Visitors are to be able to access the basement car park by an audio/visual intercom system located at the top of the ramped driveway;

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

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

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

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

48. Creation of Easements

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

a) The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention/retention systems, stormwater quality treatment 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 system and stormwater quality treatment system is to be clearly indicated on the title;

b) The positive covenant for the stormwater quality treatment system shall include a maintenance schedule.

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

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

49. Works as Executed Plan

50. Preservation of Survey Marks

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

51. Construction of Engineering Works

All engineering works identified in this consent including stormwater works, retaining walls, driveway works, roadworks and the like are to be completed and a Compliance Certificate issued prior to the release of the Occupation Certificate.

52. Consolidation of Allotments

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

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

53. 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.

54. Completion of Landscaping

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

a) Planting of 3 x Tristaniopsis laurina (Watergum) along the Balmoral Street frontage of the site;

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

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

d) An additional evergreen tree is to be planted at the north-eastern corner (front) of the site. The tree should be selected from the Council’s Indigenous species listing located in the Hornsby Development Control Plan 2013 Tree Preservation Measures 1B.6 Table 1B.6(b) such as Angophora costata, Angophora hispida, Banksia integrifolia, Ceratopetalum gummifera;

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

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

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

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

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

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

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

55. Retaining Walls

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

56. Boundary Fencing

Fencing must be erected along all property boundaries front building line to a height of 1.8m.

Note: Alternative fencing may be erected along the northern, eastern and southern boundaries subject to the written consent of the adjoining property owner(s).

57. External Lighting

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

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

58. 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.

59. Waste Management

The following waste management requirements must be complied with:

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

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

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

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

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

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

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

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

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

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

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

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

Note: Ramps between different levels are acceptable.

g) The bin holding area must be screened from the front by appropriate landscaping up to a height of 1.5m as per the approved plans;

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

i) Motorised bin carting equipment must be provided to assist the site caretaker in the safe transfer of 240 litre and 660 litre garbage bin between the basement and ground levels.

j) The waste facilities (a garbage bin and recycling bin in a cupboard) on each residential level must be accessible by persons with a disability while comfortably housing one 240 L garbage bin (for levels with less than 8 dwellings) or two 240 L garbage bins (for levels with 8 or more dwellings), and one 240 L recycling bin (on all levels).

Note: 240L recycling bins are 600mm wide by 750mm deep; allow for ease around the bin – 75mm is recommended.

k) A registered surveyor must certify that first 6 m of driveway has a gradient no steeper than 1:20.

l) The ground level bin collection area/bin holding area is to have internal dimensions no less than 3m by 10m.

60. Unit Numbering

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

61. Final Certification – Tree Protection

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

62. Safety and Security

This site must include the following elements:

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

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

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

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

e) CCTV cameras must be installed at the entry and exit point and the around the mailbox;

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

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

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

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

OPERATIONAL CONDITIONS

63. 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).

64. 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.

65. Landscape Establishment

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

66. Car Parking/Sight Lines and Deliveries

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

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

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

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

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

e) Minimum sight lines for pedestrian safety are to be provided at the driveway; and

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

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 system and related devices are maintained in effective and efficient working order, managing the communal composting area, managing the bulky item storage area, arranging the prompt removal of dumped rubbish, and ensuring cars do not park in the loading bay and that all residents are informed of the use of the waste management system.

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

- END OF CONDITIONS –

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 require:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

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

Tree and Vegetation Preservation

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

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

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

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

Disability Discrimination Act

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

Covenants

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

Dial Before You Dig

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

Telecommunications Act 1997 (Commonwealth)

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

Asbestos Warning

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

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

Group Manager’s Report No. PL41/16

Planning Division

Date of Meeting: 13/07/2016

3 DEVELOPMENT APPLICATION - RESIDENTIAL FLAT BUILDING COMPRISING 29 UNITS - DEMOLITION - 27-31 THORNLEIGH STREET, THORNLEIGH

EXECUTIVE SUMMARY

DA No:	DA/1505/2015 (Lodged on 16 November 2015)
Description:	Demolition of existing structures and construction of a 5 storey residential flat building comprising 29 units and three basement parking levels
Property:	Lot 37, 38, 39 Sec 4 DP 1854, Nos. 27-31 Thornleigh Street, Thornleigh
Applicant:	A Plus Project Management
Owner:	Green Garden Development Pty Ltd
Estimated Value:	$7,315,000

· The application involves demolition of existing structures and construction of a 5 storey residential flat building comprising 29 units and three basement parking levels.

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

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/1505/2015 for demolition of existing structures and construction of a 5 storey residential flat building comprising 29 units and three basement parking levels at Lot 37, 38, 39 Sec 4 DP 1854, Nos. 27-31 Thornleigh Street, Thornleigh be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL41/16.

BACKGROUND

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

The site is within a precinct which is undergoing redevelopment. The surrounding developments include single and two storey residential dwellings. A development application for five storey mixed use development comprising 1 commercial unit and 21 residential units has been approved at Nos. 5-7 Thornleigh Street. A five storey residential flat building comprising 33 units with two levels of basement car parking has also been granted consent at Nos.11-19 Thornleigh Street.

The subject application was lodged with Council on 16 November 2015. Amended plans were received on 10 June 2016 addressing Council’s concerns with setbacks to Thornleigh Street and areas of non-compliance with the relevant controls.

SITE

The site comprises three allotments, Nos. 27-31 Thornleigh Street with an area of 1449.2sqm. The site is located on the north-western corner of Thornleigh Street and Wood Street.

The site is immediately surrounded by single dwellings. Approximately 150m to the west of the site is the intersection of Pennant Hills Road, ALDI supermarket complex and other retail and commercial premises. To the north-east is Thornleigh Marketplace that accommodates Woolworths. The site is also within walking distance of Thornleigh Train Station, which is approximately 280m to the west, on the opposite side of Pennant Hills Road.

The site has a 4 metre fall from the northern boundary to the southern boundary (to Thornleigh Street). Overhead power lines and a footpath exist along the Wood Street frontage.

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

Bus stops with regular services to Hornsby are located along Pennant Hills Road (to the west) in close proximity to the site.

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

PROPOSAL

The proposal involves the demolition of existing structures and construction of a five storey residential flat building comprising 29 units with 3 levels of basement car parking.

The unit mix would comprise 7 x 1 bedroom, 19 x 2 bedroom and 3 x 3 bedroom units. The units would be accessed via a lift centrally located in the building and would include balconies fronting the street, rear and side property boundaries. The lower ground units UG01-UG05 are split level with a mezzanine, responding to the slope of the land and car park design, and a total of nine adaptable units are provided throughout all levels of the development.

The development would be accessed from Thornleigh Street via a driveway located along the western boundary of the site. A separate pedestrian entry centrally located at the front of the property to Thornleigh Street would provide access to all levels of the building via a landscaped pathway. A total of 33 car parking spaces, including five visitors’ parking spaces, bicycle and motorbike parking spaces are proposed in three basement levels. Waste storage areas are provided within basement 1.

The development has a modern appearance, with a mix of materials and architectural features including louvres and glazing. The materials comprise render and paint and metal cladding in neutral colours.

Nine trees are identified for removal and a new landscaping scheme is proposed.

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

2. STATUTORY CONTROLS

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

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

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

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

· To promote a variety of housing types within a high density residential environment.

· To enable other land uses that provide facilities or services to meet the day to day needs of residents. The proposed development is defined as and is permissible in the zone with Council’s consent.

The proposed development is a high density residential development and complies with the zone objectives by providing a variety of housing types and new housing stock. The proposed development is defined as a ‘residential flat building’ under the HLEP and is permissible in the zone with the consent of Council.

2.1.2 Height of Buildings

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 proposal complies with this provision.

2.1.3 Heritage Conservation

2.1.4 Earthworks

Clause 6.2 of the HLEP states that consent is required for proposed earthworks on site. Before granting consent for earthworks, Council is required to assess the impacts of the works on adjoining properties, drainage patterns and soil stability of the locality. The site adjoins residential properties to its sides and rear and Thornleigh and Wood Streets. Accordingly, conditions of consent are recommended regarding the submission of a dilapidation report assessing the impact of the excavation on the adjoining residential properties.

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

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

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

It is also noted that due to the age of the existing fibro clad dwelling house at No. 31 Thornleigh Street and the associated outbuildings, there is potential for the existing buildings to contain asbestos. Appropriate conditions are included to require all asbestos to be removed from the site. Furthermore, taking into account the significant excavation required to accommodate the proposed basement car park, much of the existing soil would be removed from the site.

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

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

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

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

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

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

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

Given that the development application was lodged on 16 November 2015, the provisions of the amended SEPP 65 apply.

Principle	Compliance
1. CONTEXT AND NEIGHBOURHOOD CHARACTER	Yes
Comment: The site is located within a precinct planned for five storey residential flat buildings in close proximity to Thornleigh Railway Station and the existing commercial centre. The proposal responds to the desired future character of the precinct as envisaged by Council for 5 storey residential flat buildings in landscaped settings with underground car parking. Once the development of the precinct is completed, the proposal would integrate with the surrounding sites, including two approved five storey residential flat buildings on the northern side of Thornleigh Street and would be in keeping with the future urban form. The proposed building would respond and contribute to the identity and future character of the precinct and its context.
2. BUILT FORM AND SCALE	Yes
Comment: The scale, bulk and height of the development is appropriate for the desired future character of five storey development within the precinct. The proposed building complies with the height and maximum floor-plate dimension prescribed within the HDCP. The development achieves a scale consistent with the desired outcome for well-articulated buildings that are set back to incorporate landscaping, open space and separation between buildings. The proposal incorporates high quality facades with a balanced composition of varied building elements including the use of sheer vertical panels to levels 1 to 3 and a mix of materials and colours to break up the development and reduce the overall bulk. The proposal achieves an appropriate built form for the site and its purpose, in terms of building alignments, proportions, and the manipulation of building elements. Flat roof forms have been adopted with an increased top storey setback on the external facades to minimise bulk and height of the building as required by the HDCP. The scale of the development is considered appropriate for the site and is consistent with the desired future character of the precinct.
3. DENSITY	Yes
Comment: The HLEP does not incorporate floor space ratio requirements for the site. The density of the development is governed by the height of the building and the required setbacks. The proposed density is considered to be sustainable as it responds to the regional context, availability of infrastructure, public transport, community facilities and environmental quality and is acceptable in terms of density.
4. SUSTAINABILITY	Yes
Comment: The application includes good sustainable design including the use of natural cross ventilation and sunlight for amenity, liveability of residents. The applicant has submitted a BASIX Certificate for the proposed development. In achieving the required BASIX targets for sustainable water use, thermal comfort and energy efficiency, the proposed development would achieve efficient use of natural resources, energy and water throughout its full life cycle, including demolition and construction.
5. LANDSCAPE	Yes
Comment: The application includes a landscape concept plan which provides landscaping along the street frontages, side and rear boundaries. Medium to large trees are proposed along the street frontages intercepted by shrubs and hedges which would soften the appearance of the development when viewed from the streets. Deep soil areas that incorporate canopy trees are provided around the building envelope which would enhance the development’s natural environmental performance and provide an appropriate landscaped setting. The landscape design provides planting around the entire building, which softens the overall appearance of the building, integrates the new building into the existing landscaped area and provides screening to adjoining properties.
6. AMENITY	Yes
Comment: The proposed units are designed with appropriate room dimensions and layout to maximise amenity for future residents. The proposal incorporates good design in terms of achieving natural ventilation, solar access and acoustic privacy. All units incorporate adequate indoor and outdoor spaces with balconies accessible from living areas and privacy has been achieved through appropriate design and orientation of balconies and living areas. Storage areas have been provided within each unit and in the basement levels. The proposal would provide efficient and safe access to service areas and all residential units via a central lift connecting the basement and all other levels.
7. SAFETY	Yes
Comment: The design orientates the balconies and windows of individual apartments towards both streets, rear and side boundaries, providing passive surveillance of the public domain and communal open space areas. Both the pedestrian and vehicular entry points are secured and visibly prominent from the streets. The proposal includes an assessment of the development against crime prevention controls in the Statement of Environmental Effects (SEE). The SEE has regard to Crime Prevention Through Environmental Design Principles (CPTED) and includes details of surveillance, access control, territorial reinforcement and space management such as artificial lighting in public places; attractive landscaping whilst maintaining clear sight lines; security coded door lock or swipe card entry; physical or symbolic barriers to attract, channel or restrict the movement of people; security controlled access to basement car park; intercom access for pedestrians; and security cameras located at the entrance of the building. Appropriate conditions of consent are recommended to ensure that there is a positive relationship between public and private spaces achieved through clearly defined secure access points and well-lit and visible areas that are easily maintained.
8. HOUSING DIVERSITY AND SOCIAL INTERACTION	Yes
Comment: The proposal incorporates a range of unit sizes to cater for different demographics, living needs and household budgets. The development complies with the housing choice requirements of the HDCP by providing a component of adaptable housing and a mix of 1, 2 and 3 bedroom dwellings. The proposal responds to the social context in terms of providing a range of dwelling sizes with good access to social facilities and services as the site is located in close proximity to Thornleigh Railway Station and existing retail / commercial centre. The communal open space at the rear with lawn areas provides opportunities for social interaction amongst residents.
9. AESTHETICS	Yes
Comment: The architectural treatment of the building incorporates indentations and projections in the exterior walls with balcony projections to articulate the facades. The roof is flat to minimise building height and incorporates eaves which would cast shadows across the top storey wall. The articulation of the building, composition of building elements, textures, recycled materials and colours would achieve a built form generally consistent with the design principles contained within the Apartment Design Guideline and the HDCP. The proposed external elevations provide elements of depth and articulation and the proposed colour scheme for the building compliments the surrounding existing dwellings and residential flat buildings approved nearby.

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

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

Apartment Design Guide
Control	Proposal	Requirement	Compliance
Deep Soil Zone	36%	7% of site area	Yes
Communal Open Space	26%	25%	Yes
Ground Level Private Open Space	>15m² Min Depth of 3m Except UG03 – 13m² which is split level and has an upper balcony which cumulatively exceeds the control.	15m² Min Depth of 3m	Yes No
Solar Access (Living rooms and private open space areas)	75% (22/29)	2 hours for 70% of units	Yes
No Solar Access allowable for units	14% (4/29)	15% of units (max)	Yes
Natural Cross Ventilation	75%	60%	Yes
Minimum Dwelling Size	1 br – 54m²- 61m² 2 br – 75m²- 95m² 3 br – 95m²	1 br – 50m² 2 br – 70m² 3 br – 90m² + 5m² for additional bathrooms	Yes Yes Yes Yes
Habitable room depth from a window for open plan layout	4m to 8m	8m from a window (max)	Yes
Minimum Ceiling Height	2.7m (min)	2.7m (habitable rooms) 2.4m (non-habitable rooms)	Yes
Minimum Balcony Size (minimum depth 2m – 2.4m)	1 bedroom 8 -15m² 2 bedroom 13 - 43m² 3 bedroom 21m²	1 bedroom 8m² 2 bedroom 10m² 3 bedroom 12m²	Yes Yes Yes
Maximum Number of Units on a Single Level	6 units	8 units off a circulation core	Yes
Total Storage Area	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	Yes Yes Yes Yes

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

2.6.1 Solar Access and Ventilation

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

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

2.6.2 Apartment Size and Layout

The proposed residential flat building incorporates a mix of single aspect and corner units comprising of one, two and three bedroom apartments. The majority of apartments would be well ventilated with some corner units provided with dual aspect balconies. The ground floor units have been designed to be split over two levels due to the slope of the land and excavation for the basement, providing improved solar access to the unit as well as two areas of private open space.

The proposed layout of all units consists of open plan living/dining rooms widths, bedroom sizes and all window areas in habitable rooms are greater than 10%, complying with the controls of the ADG. As the majority of units have also been designed for adequate cross ventilation, it is considered that these layouts are well designed and functional for a majority of units.

The proposed outdoor living areas comply with the minimum dimensions required by the ADG on all floors and are readily accessible from the primary living areas, with the exception of UG03 which has a terrace marginally below the 15m² area requirement. Notwithstanding this, the unit has a second balcony on the mezzanine level which cumulatively combined with the terrace is well in excess of the minimum requirements. Both areas of private open space are usable.

2.6.3 Internal Circulation

The proposed development includes access to all floors via a lift. The internal corridors meet the design criteria requirements of the AGD as the proposal serves six apartments on each level and achieves good amenity as the length of the corridor is a maximum of 9.5 metres.

2.6.4 Acoustic Privacy

The internal layout of the residential units is designed such that noise generating areas would adjoin each other wherever possible. Storage or circulation zones would act as a buffer between units. Bedroom and service areas such as kitchens, bathrooms and laundries would be grouped together wherever possible. The proposal is consistent with the ADG in regard to acoustic privacy.

2.6.5 Storage

The proposed residential flat building includes storage areas within the apartments, accessed from either circulation or living areas and within the basement levels complying with the ADG requirements. To ensure that the storage provided is proportional to the size of the apartment, a condition is recommended that each dwelling within the development has a minimum storage area of 6m³ for one bedroom units, 8m³ for two bedroom units and 10m³ for three bedroom units, where at least 50% is required to be located within the apartment and provided in addition to storage in kitchens, bathrooms and bedrooms.

2.6.6 Facades

The proposed residential flat building incorporates high quality facades with a balanced composition of varied building elements including a defined base, middle and top of the building. The facades are well composed with horizontal and vertical elements with varied textures that provide visual interest along the street while respecting the character of the local area. The proposal is consistent with the ADG with regard to facades. The use of varying colours and materials, as well as the horizontal panels for the central portion and articulation all assist in breaking up the bulk of the building.

2.7 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

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

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

Clause 74BA of the Environmental Planning and Assessment Act, 1979 states that a DCP provision will have no effect if it prevents or unreasonably restricts development that is otherwise permitted and complies with the development standards in relevant Local Environmental Plans and State Environmental Planning Policies.

The principal purpose of a development control plan is to provide guidance on the aims of any environmental planning instrument that applies to the development; facilitate development that is permissible under any such instrument; and achieve the objectives of land zones. The provisions contained in a DCP are not statutory requirements and are for guidance purposes only. Consent authorities have flexibility to consider innovative solutions when assessing development proposals, to assist achieve good planning outcomes.

2.9 Hornsby Development Control Plan 2013

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

Hornsby Development Control Plan 2013
Control	Proposal	Requirement	Compliance
Site Width	39.6m - Thornleigh St 36.5m Wood Street	30m	Yes
Height	5 storeys including mezzanine – 17.5m	5 storeys – 17.5m	Yes
Lowest Residential Floor Above Ground	<1m	1m	Yes
Maximum Floorplate Dimension	25.5m (N/S) 25.5m (E/W)	35m 35m	Yes Yes
Building Indentation	3m x 2m (Wood Street elevation)	4m x 4m	No
Height of Basement Above Ground	<1m	1m (max)	Yes
Front Setback (Wood Street)	10m 8m (for 6.6m) < 1/3 frontage 7m (balconies)	10m 8m (for 8.5m) < 1/3 frontage 7m (balconies)	Yes Yes Yes
Secondary Side Setback (Thornleigh Street)	9m 7m (for 7.6m) < 1/3 frontage 7m (balconies)	6m 4m (for 8.5m) < 1/3 frontage 6m (balconies)	Yes Yes Yes
Side Setback	6m 4m (for 15m) < 1/3 frontage 4m (balconies)	6m 4m (for 8.5m) < 1/3 frontage 6m (balconies)	Yes No No
Rear Setback	7- 8m 8m (for 7m) < 1/3 frontage 4-6m (balconies)	10m 8m (for 8.5m) < 1/3 frontage 7m (balconies)	No Yes No
Top Storey Setback from Ground Floor	3m	3m	Yes
Underground Parking Setback	7m-front (Wood and Thornleigh street) 4m-side 2-4m-rear	7m-front 4m-side 7m-rear	Yes Yes No
Basement Ramp Setback	2.5m	2m	Yes
Deep Soil Landscaped Areas	7m-front (Wood & Thornleigh street) 4m-side 7m -rear	7m-front 4m-side 7m-rear	Yes Yes No
Communal Open Space with Minimum Dimensions 4m	50m² (min) 26% 4m dimension	50m² (min) 25% 4m dimension	Yes Yes
Parking	28 resident spaces 5 visitor spaces 9 bicycle racks 1 motorbike space	27 resident spaces 4 visitor spaces 9 bicycle racks 1 motorbike space	Yes Yes Yes Yes Yes
Solar Access	75%	70%	Yes
Housing Choice	1br – 24% 2br – 65.5% 3br– 10.5%	10% of each type (min)	Yes
Adaptable Units	31% (9 units)	30%	Yes

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

2.9.1 Desired Future Character

The site is included in the Station Street, Thornleigh Precinct which was rezoned from Residential A (Low Density) to R4 (High Density Residential) as part of Council’s Housing Strategy.

The proposed building is in accordance with the key principles for the precinct for well-articulated five storey residential flat buildings with flat roof in garden settings with basement car parking. The proposal will make a positive contribution to the desired future character of the Station Street Precinct.

2.9.2 Station Street, Thornleigh Precinct

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

2.9.3 Site Requirements

The HDCP requires sites to have a minimum frontage of 30 metres. The subject site complies with this requirement. The existing lots within the precincts are considerably small when compared to similar precincts elsewhere within the Shire. Therefore, it is anticipated that the development pattern nearby would comprise amalgamation of primarily three lots. This development would not compromise the amalgamation pattern for adjoining sites Nos. 21, 23 and 25 Thornleigh Street which are zoned R4 High density residential.

Given the above, it is not considered that the proposed amalgamation would result in isolation of any site based on the HDCP prescriptive measures.

2.9.4 Setbacks

As noted in the table above, the proposal generally complies with most of the building setback controls. The subject site is located on the corner of Thornleigh and Wood Streets. The Hornsby DCP states that the setback to Thornleigh Street should be treated as a side setback which would result in the building having a front boundary setback of 4–6 metres and would result in minimal landscaping to Thornleigh Street.

To maintain a similar street appearance for future 5 storey developments, the front setback requirements have been applied to both the Thornleigh and Wood Street frontages to ensure that future five storey developments along Thornleigh and Wood Street maintain similar front setbacks to the road reserve.

This has resulted in non-compliant setbacks to the northern, side boundary and western, rear boundary which are discussed below.

Northern Side Setback

The northern side elevation of the building is predominantly setback 4 metres to the side boundary for a 14.6 metre section of the 25 metre width of the building and contains a 4m² balcony serving units Nos. 106, 206 and 306 on levels 1 – 3 which does not comply with the maximum 1/3 encroachment control within the HDCP and that balconies should be setback 6 metres.

The non-compliance is limited to a minor section of the northern elevation and not the entire length of the building and would be setback 17 metres from Wood Street which would not be noticeable when viewed from the street. The encroachment to the side boundary would not create additional privacy impacts to a future 5 storey building adjacent to the subject site at No.30-34 Station Street as highlight windows and bronze vertical louvres are proposed along the 2 metre encroachment and along the 4m²balconies adjoining unit Nos. 106, 206 and 306.

In this instance, the non-compliance is acceptable as it facilitates the provision of a setback greater than the DCP requirements along Thornleigh Street.

Western Rear Setback

The western rear elevation of the building is predominantly setback 7 – 8 metres to the rear boundary and balconies on levels 1 – 3 encroach to 4 - 6 metres from the rear boundary. As stated above, the non-compliance with the rear setback is a result of providing a 9 metre setback along the Thornleigh Street frontage.

Given that the development of the adjoining site at No.25 Thornleigh Street is unknown at this stage, the proposal includes privacy screen measures along the western elevation balconies which include bronze vertical louvres and planter boxes to screen the development from a future 5 storey building and would provide an acceptable level of privacy and separation between the subject site and a future adjoining 5 storey building.

Top Storey Setback

The HDCP requires 5-storey residential flat buildings to incorporate a 3m additional setback for the top storey on all elevations. Whilst the development complies with this requirement, the balcony on the western rear elevation adjoining Unit No.403 would be setback 5 metres from the rear boundary which does not comply with the minimum 7 metre requirement. To address this issue, a condition is recommended that a 1 metre wide planter box be installed in-front of the balcony to serve as a privacy screen.

2.9.5 Built Form and Separation

Building Separation

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

The development would potentially adjoin future five storey developments to the north and west. As mentioned above in the report under Section 2.9.4, the building does not comply with the side and rear setback as the development has been setback 9 metres to Thornleigh Street which would ordinarily be treated as a side setback. This has resulted in non-compliant building separation to the northern side and western rear boundary.

To address privacy impacts, the development incorporates privacy screens which include sliding bronze vertical louvres and planter boxes along balconies that encroach into the minimum required building separation and highlight windows which is considered acceptable and would create negligible privacy concerns to future 5 storey developments.

Floor-Plates

The proposed building has a 25.5 metre maximum floor-plate dimension when measured in a perpendicular direction in the middle of the building that complies with the requirements of the HDCP.

In accordance with the HDCP, floorplates that exceed 25 metres should incorporate a distinct indentation which measures 4 x 4 metres and create the appearance of two separate “building pavilions”.

To comply with Council’s requirements in requiring a greater setback to Thornleigh Street, the building has required significant redesign which has resulted in a compact building that provides one building indentation on the Wood Street elevation.

Despite the non-compliance, the 25.5 metre building mass would be located in the middle of the building and would not be perceptible when viewed from Thornleigh and Wood Street. The building provides well-articulated facades and would appear as two separate building pavilions with vertical louvres in the middle of the building providing a separation between wrap around balconies which feature contrasting building materials such as timber panels and bronze vertical louvres.

The proposed development results in a reasonable design outcome for the site and is considered acceptable.

Articulation

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

· The facades have been divided into vertical ‘panels’ for the central portion of levels 1 - 3;

· The use of varying colours visually breaks the building up into two elements which reduces bulk;

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

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

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

2.9.6 Landscaping

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

The design of the basement generally achieves the prescribed setbacks along the boundaries. However, it is noted that the driveway ramp has a setback of 2.5m from the western, rear boundary. Therefore, the width of the deep soil landscaped area along this boundary has been reduced considerably. Given that the HDCP allows driveway encroachment up to 2m within the side setbacks, this is considered acceptable. Furthermore, the proposed building fronts two streets and 8 – 10 metre building setbacks are proposed which allows for additional areas for landscaping.

Landscaping along both street frontages would include canopy trees intercepted by hedges and shrubs. The landscaping would include planting of locally indigenous trees in suitable locations that would contribute to the streetscape setting and the local tree canopy.

A communal open space area with associated grassed area is located within the north-western rear setback area. This would provide a communal space that is readily accessed by the residents.

The submitted landscape plan proposes medium sized shrubs to provide privacy and integrate the new building into the landscape area.

2.9.7 Open Space

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

The proposed communal open space area, located at the rear of the site, complies with the prescriptive area requirements of the HDCP. Direct access to the communal open space is proposed off the upper ground level foyer/hallway with units No.UG01-05 being able to access the communal open space via a lift to the upper ground floor or using the stairs. The proposal is assessed as satisfactory in this regard.

2.9.8 Privacy and Security

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

In terms of security, the proposal has been designed to provide safe, clear and direct pedestrian entrances from Thornleigh Street. Passive surveillance is achieved by the orientation of private open space and living room windows of units being oriented to the street and side boundaries.

2.9.9 Sunlight and Ventilation

75% of residential apartments will receive a minimum of two hours of direct sunlight between 9.00 am and 3.00 pm in mid-winter and 75% are naturally cross ventilated.

2.9.10 Housing Choice

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

2.9.11 Vehicular Access and Parking

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

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

The HDCP has a residential parking requirement of 0.75 spaces/dwelling for 0-1 bedroom units, 1 space/dwelling for 2 bedroom units and 1.5 spaces/bedroom for 3 or more bedroom units, and 1 visitor space per 7 dwellings where the development is < 800 metres from a railway station.

In accordance with the DCP, there is a requirement for 31 parking spaces, being 27 residential and 4 visitor parking spaces. Thirty-three (33) parking spaces have been provided, including 28 residential and 5 visitor parking spaces.

The HDCP requires that at least one third of adaptable units (i.e. 10% of all units) are to be provided with a parking space designed for people with a disability. Therefore, 3 parking spaces designed for people with disabilities are required. Five accessible parking spaces have been provided in the basement which comply with this requirement. All parking for people with disabilities is to comply with AS/NZS 2890.6:2009 Off-street parking for people with disabilities.

The HDCP requires bicycle parking at the rate of 1 space per 5 units for residents and 1 space per 10 units for visitors in the car park area, giving a requirement for 9 bicycle spaces. Seven bicycle spaces are provided on basement level 3 and two visitor bicycle spaces on basement level 1. Bicycle parking spaces are to be designed in accordance with AS 2890.3-1993.

The HDCP requires motorcycle parking at the rate of 1 space per 50 car parking spaces, or part thereof, giving a requirement for 1 motorcycle space. One motorcycle parking space is provided on basement level 1. Motorcycle parking spaces are to be designed in accordance with AS/NZS 2890.1:2004.

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

2.9.12 Waste Management

The proposal includes a waste management plan with details of waste management during the demolition phase and the construction phase of building works. The site will require 3 x 660 litre garbage bins serviced two times per week, 6 x 240 litre recycling bins serviced weekly and 1 x 660 litre paper/cardboard bin.

A garbage chute and a recycling bin in a small room have been provided on each residential level. Each waste facility is accessible by persons with a disability. The garbage chute terminates in the garbage room in the basement. Volume handling equipment is required but compaction is not necessary. A 2 x 660 L bin linear or diverter is acceptable. Appropriate conditions of consent are recommended in this regard.

There is a garbage holding area at the basement level which provides sufficient space for the spare bins. A bulky waste storage area of at least 8m² is also required. Although a bulky waste storage area is not shown on the plans, there is sufficient space available within the garbage holding area at the basement level and is subject to a condition of consent.

The site is to be serviced by the HRV waste collection vehicle which is to reverse onto the site. The first 6 m of the driveway must be no steeper than 1:20 (in accordance with AS 2890) to allow for the safe manoeuvring of the bins on the driveway.

All bin transfers between the waste facility on each level, the chute service rooms, bin storage area(s) and the bin collection point(s) are to be carried out by the site caretaker. A bin hoist has been provided to enable the bins to be transferred safely between the basement and lower ground levels.

The collection area is sufficiently separated from the ground floor units and would not result in adverse amenity impacts due to noise and odour. The truck would only utilise the driveway area twice weekly and would not restrict useability of the access way by the residents of the building.

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

2.10 Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2012-2021 applies to the development as it would result in an additional 26 residential dwellings in lieu of the 3 existing residences. Accordingly, the requirement for a monetary Section 94 contribution is recommended as a condition of consent.

3. ENVIRONMENTAL IMPACTS

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

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The proposed development would necessitate the removal of nine trees to facilitate the construction of the building, including two street trees to facilitate the driveway access to the site. None of the trees to be removed are identified as ‘significant trees’ in accordance with the Tree and Vegetation provisions of the HDCP. The subject site and adjoining land contains exotic and native (exempt species).

The application is supported by an Arboricultural impact assessment prepared by Footprint Green Pty Ltd, dated 10 November 2015.

The applicant submitted revised landscape details in response to issues raised by Council, including levels, additional planting within the Thornleigh Street setback, pathways and embellishment of the common open space.

A landscape plan has been submitted with the application that includes replacement planting with a range of locally native plant species with a mix of small, medium and large canopy trees, shrub layers and ground covers. Subject to conditions requiring the on-going maintenance of the landscaped areas, the development would achieve a landscape setting and would be acceptable with respect to the natural environment.

Four bottle-brush replacement street tree plantings are proposed along the front verge of Thornleigh Street.

3.1.2 Stormwater Management

The development would connect to the existing drainage system located in Thornleigh Street via an onsite detention tank located within the front setback which does not protrude above the natural ground level of RL 158.6 to control the discharge of water from the site and a rainwater tank to control the water quality. Overland flow is proposed to be diverted along the northern boundary, the western boundary and into Thornleigh Street.

The details of the system, prepared by an accredited engineer, have been submitted and assessed as satisfactory by Council, subject to the implementation of recommended conditions of consent.

3.2 Built Environment

3.2.1 Built Form

The development achieves a scale consistent with the desired outcome for well-articulated buildings that are set back to incorporate landscaping, open space and separation between buildings. The proposal incorporates a high quality facade with a balanced composition of varied building elements including the use of sheer vertical panels to levels 1 to 3 and a mix of materials and colours to break up the development and reduce the overall bulk and achieves an appropriate built form for the site and its purpose, in terms of building alignments, proportions, and the manipulation of building elements. Flat roof forms have been adopted with an increased top storey setback on the external facades to minimise bulk and height of the building as required by the HDCP.

The proposed scheme has been designed to aesthetically fit within the envisaged future streetscape and character of the area and will present as a contemporary and coherent development. The façade structure and design will complement the surrounding and envisaged streetscape and respect amenity of adjacent forms. Softscape landscaping has also been used to soften the edges of the site and provide privacy for both the proposed residential dwellings within the precinct.

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

3.2.2 Traffic

The site has a frontage to Thornleigh and Wood Streets, which are local roads. The site is also located in close proximity to Pennant Hills Road. A Traffic and Parking Impact Assessment submitted with the proposal has estimated traffic generation of the existing site and proposed development using RMS TDT 2013/04a. Council’s traffic assessment concludes that the nett traffic generation is estimated to be 3 vehicle trips in the AM peak hour and 2 vehicle trips in the PM peak hour which is negligible when compared with the traffic volumes on the adjacent road network.

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

3.3 Social Impacts

The residential development would improve housing choice in the locality by providing a range of dwelling types. The location of the development is in close proximity to Thornleigh Railway Station and shops allowing direct access to retail facilities and transportation. It is considered that the development would result in a net positive social impact on the locality. This is consistent with Council’s Housing Strategy which identifies the need to provide a mix of housing options to meet future demographic needs in Hornsby Shire.

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

The subject site is zoned for five storey apartment buildings and the proposal involves the erection of a five storey apartment building.

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

The subject site has not been identified as bushfire prone or flood prone land.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 3 December 2015 and 17 December 2015 and renotified between 6 June 2016 to 20 June 2016 following the lodgement of amended plans in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received two submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

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

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

· Unacceptable traffic on local streets and parking problems, including traffic island and parked cars turning the two-way road into a one way;

· Disruptions during construction including traffic, parking, noise and dust;

· Concrete pathway only on one side of Thornleigh Street;

· Overshadowing;

· Noise impacts;

· Development has no public interest and does not consider remaining residents;

· Development does not add to the character of the area;

· Development more suited to main road; and

· Development is pre-determined and forced relocations.

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

5.1.1 Traffic and Parking During Construction Period

Management of construction activity in the area by Council’s compliance officers will ensure adequate and safe traffic flow during construction phases of various sites in the area. Construction traffic management plans have been submitted to Council and will be implemented by the Developer.

Additional short term parking has been provided in Thornleigh Street by Council in late 2015 to address the short fall of parking in the area.

Council’s traffic assessment does not support restricting on-street parking on one side of the Street as this would increase the traffic speeds and traffic flow on Thornleigh Street. The existing traffic island assists with slowing down traffic and deters those using the street as a shortcut.

5.1.2 Concrete Pathway Only on One Side of Thornleigh Street

A pedestrian pathway is proposed to be installed at the frontage of the development on Thornleigh Street to the corner of the intersection with Wood Street as a condition of consent.

5.1.3 Disruptions During Construction including Traffic, Parking, Noise and Dust

Conditions of consent are imposed which require appropriate control of dust and noise by way of limiting hours of construction and implementing erosion and sedimentation controls. Furthermore, a Construction Traffic Management Plan will be implemented by the Developer.

5.1.4 Overshadowing

Given the orientation of the development, the majority of overshadowing will fall onto Thornleigh Street. Overshadowing from a five storey building cannot be avoided, however the proposed setbacks and stepping of the upper floor, as well as the cut of the development into the site will assist in reducing impacts.

5.1.5 Noise

There will be an increase in noise from the addition of 29 units, however the construction standards will assist in minimising noise impacts. The rear and setbacks adjoining dwellings and privacy mitigation measures implemented in the design are in accordance with SEPP 65, ADG and HDCP.

5.1.6 Development has No Public Interest and Does Not Consider Remaining Residents

The site is located within the Station Street Precinct and the development is proposed in accordance with the relevant environmental planning instruments. A positive public benefit will result from the additional housing stock in a well serviced area. As part of the assessment, amenity impacts of adjoining properties are considered, as well as the future character of the area.

5.1.7 Development Does Not Add to the Character of the Area

The development has been considered against the existing and future desired character, with a high level of architectural design being displayed within the building, located in a landscape setting.

5.1.8 Development More Suited to Main Road

The site is appropriately designed for high density given its location to Thornleigh Railway Station, Pennant Hills Road and existing retail/commercial facilities.

5.1.9 Development is Pre-determined and Forced Relocations

The area was identified in Council’s Housing Strategy for higher density. There is no forced relocation of residents and the decision to relocate is at the discretion of the landowners.

5.2 Public Agencies

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

6. THE PUBLIC INTEREST

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

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

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

CONCLUSION

The application proposes demolition of existing structures and construction of a five storey residential flat buildings comprising 29 units and basement car park.

The proposed development is designed in accordance with the Key Principles of ‘Station Street, Thornleigh precinct of the HDCP and would contribute to the future desired five storey residential character of the precinct. The proposal complies with the design principles of SEPP 65 and the Apartment Design Guide.

The proposal would provide a high quality articulated building, surrounded by quality landscaping which would contribute positively to the streetscape and be in keeping with the desired future character of the precinct.

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

Approval of the application is recommended.

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Plan
2.View	Floor Plans
3.View	Elevations and Sections
4.View	Site Plan
5.View	Schedule of Materials and Finishes
6.View	Landscape Plan
7.View	Stormwater Plan
8.View	Shadow Diagram
9.View	Photomontage

File Reference: DA/1505/2015

Document Number: D06942944

SCHEDULE 1

GENERAL CONDITIONS

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

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

1. Approved Plans and Supporting Documentation

Approved Plans

Plan No.	Plan Description	Drawn by	Dated
A 1.01, Issue D	Site roof plan	Aplusdg	2.06.2016
A 2.01, Issue D	Basement 3 Plan	Aplusdg	2.06.2016
A 2.02, Issue D	Basement 2 Plan	Aplusdg	2.06.2016
A 2.03, Issue D	Basement 1 Plan	Aplusdg	2.06.2016
A 2.04, Issue D	Lower Ground Floor	Aplusdg	2.06.2016
A 2.05, Issue D	Upper Ground Floor	Aplusdg	2.06.2016
A 2.06, Issue D	Level 1-3 Plan	Aplusdg	2.06.2016
A 2.07, Issue D	Level 4 Plan	Aplusdg	2.06.2016
A 3.01, Issue D	North & South Elevations	Aplusdg	2.06.2016
A 3.02, Issue D	East & West Elevations	Aplusdg	2.06.2016
A 4.01, Issue D	Section A-A	Aplusdg	2.06.2016
A 4.02, Issue D	Section B-B	Aplusdg	2.06.2016
L/01, Rev C	Proposed ground floor landscape plan	ATC	14.06.2016
L/02, Rev A	Proposed landscape plan level 1- 3	ATC	14.06.2016
L/03, Rev A	Proposed landscape plan level 4	ATC	14.06.2016
HDA01-HDA07/P1	Stormwater plans	AJ Consulting Group	Oct 2015

Supporting Documentation

Document title	Prepared by	Dated
Construction traffic management plan, version 1b	ML Traffic Engineers	April 2016
Arboricultural impact assessment	Footprint Green	10 Nov 2015
Waste management plan	Aplusdg, Adin PiIcer	5 Nov 2015
BCA Capability statement	MBC certifiers	9 Nov 2015
Geotechnical investigation	JK Geotechnics	2 Nov 2015
DA Access report	Visionary Access consulting	29 Oct 2015
Cross ventilation/ solar access analysis, A7.01, Issue D	Aplusdg	02.06.2016
Shadow diagrams, A6.01, Issue D	Aplusdg	02.06.2016
BASIX Certificate No.680747M	Victor Lin & Associates	6 Nov 2015
Design Verification Statement	Aplusdg	9 Nov 2015
Traffic and parking assessment	Varga traffic planning	4 Nov 2015

2. Amendment of Plans

a) To comply with Councils requirement in terms of privacy, the approved plan A 2.07, Issue D prepared by Aplusdg dated 22.06.2016 is to be amended to include a 1 metre wide planter box along the western elevation of the balcony to Unit 403 currently shown as ‘pebble’ to incorporate screen planting.

b) To provide additional landscaping within the Thornleigh Street frontage, the approved ground floor landscape plan, Revision C prepared by ATC, dated 14.06.2016 is to be amended to delete the ‘stepping stones in pebble mulch’ which serve access to two fire escapes and two terraces on the ground floor and replaced with grass.

c) The approved Stormwater plans, Plan Nos. HDA01-HDA07/P1, prepared by AJ Consulting Group, dated Oct 2015 is to be amended to reflect the approved plans A 1.01 Issue D, A 2.01 Issue D, A 2.03 Issue D, A 2.04 Issue D and A 2.05 Issue D, prepared by Aplusdg, dated 2.06.2016.

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

3. Removal of Existing Trees

a) This development consent permits the removal of 9 trees numbered 1, 2, 3, 4, 5, 6, 7, 8 and 10 as identified in the submitted Arboricultural impact assessment prepared by Footprint Green, dated 10 Nov 2015.

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

4. Construction Certificate

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

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

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

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

5. Section 94 Development Contributions

Description	Contribution
Roads	$11,258.05
Open Space and Recreation	$250,699.35
Community Facilities	$108,482.55
Plan Preparation and Administration	$728.00
TOTAL	$371,167.95

being for 7 x 1 bedroom, 19 x 2 bedroom and 3 x 3 bedroom units with a credit of 3 existing dwelling-houses.

b) The value of this contribution is current as at 6 May 2016. If the contribution is not paid within the financial quarter that this condition was generated, the contribution payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 94 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$CPY = $CDC x CPIPY

CPIDC

Where:

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

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

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

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

c) The monetary contribution must be paid to Council:

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

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

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

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

6. Building Code of Australia

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

7. Contract of Insurance (Residential Building Work)

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

8. Notification of Home Building Act 1989 Requirements

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.

9. Dilapidation Report

To record the structural condition of Nos. 30, 32 and 34 Station Street and No. 25 Thornleigh Street which adjoin the approved development, a dilapidation report must be prepared by a suitably qualified structural engineer for inclusion with the application of the Construction Certificate.

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 – Approval

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

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

12. Adaptable Units/Storage

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

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

b) Each dwelling within the development must have a minimum area for storage (not including kitchen and bedroom cupboards) for 6m³ for one bedroom units, 8m³for two bedroom units and 10m³ for three bedroom units, where 50% is required to be located within the apartment and accessible from either the hall or living area.

13. Letterboxes

The details of letter boxes and meter enclosures must be provided with the Construction Certificate Plans. The letter boxes and meter enclosures must be provided with a minimum setback of 2 metres from all boundaries and must be suitably screened.

14. Waste Management Details

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

a) A bulky waste storage area of at least 8 square metres must be provided at the basement level.

b) The chute system must include volume handling equipment (2x660L linear or similar, with no compaction) to automatically change the bin under the chute when it becomes full.

c) The bin hoist to transfer bins between the basement and lower ground levels must be suitable for 660 L bins (which are 800 mm deep and 1400 mm wide)

d) The driveway gradient must not exceed 1:20 for the first 6 metres.

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

Note: A 240 L recycling bin is 600 mm wide by 750 mm deep; allow for ease around the bin – 75 mm is recommended). The door must be wide enough and positioned such that the bin can fit through. The chute system supplier must be consulted for chute space requirements.

15. Waste Management Plan

a) A Waste Management Plan Section One – Demolition Stage and Section Three – Construction Stage, covering the scope of this project and including the following details, is required to be submitted to Council:

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

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

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

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

16. Construction Traffic Management Plan

a) A copy of the plans shall be submitted for consideration and written approval by Hornsby Shire Council prior to the release of the Construction Certificate.

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

c) The CTMP plans shall be in accordance with the approved Development Application plans and the Development Consent conditions.

e) The Plan shall be generally in compliance with the requirements of the Road and Traffic Authority’s “Traffic Control at Worksites Manual 1998” and detailing:-

i) Public notification of proposed works;

ii) Long term signage requirements;

iii) Short term (during actual works) signage;

iv) Vehicle Movement Plans, where applicable;

v) Traffic Management Plans;

vi) Pedestrian and Cyclist access and safety;

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

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

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

17. Traffic Control Plan

a) Arrangements for public notification of the works;

b) Temporary construction signage;

c) Permanent post-construction signage;

d) Vehicle movement plans;

e) Traffic management plans; and

f) Pedestrian and cyclist access/safety.

18. Road Works

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

a) Existing kerb and gutter along both frontages of the development site shall be removed and new ones constructed.

b) The existing footpath along both the frontages shall be removed and new footpath constructed

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

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

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

19. Vehicular Crossing

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

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

c) The footway area must be restored by turfing;

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

20. Internal Driveway/Vehicular Areas

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

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

b) The driveway be a rigid pavement.

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

d) Longitudinal sections along both sides of the access driveway shall be submitted to the principal certifying authority in accordance with the relevant sections of AS 2890.1. The maximum grade shall not exceed 1 in 4 (25%) with the maximum changes of grade of 1 in 8 (12.5%) for summit grades and 1 in 6.7 (15%) for sag grades. Any transition grades shall have a minimum length of 2 metres. The longitudinal sections shall incorporate the design levels obtained by Council.

21. Stormwater Drainage

The stormwater drainage system for the development must be designed for an average recurrence interval (ARI) of 20 years and be gravity drained via an on-site detention and water quality treatment facility or one of the deemed to comply measures in accordance with the following requirements:

a) Connected directly to a Council’s drainage system via an easement to drain water.

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

22. On-Site Stormwater Detention

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

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

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

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

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

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

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

23. Preservation of Survey Infrastructure

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

24. Construction Traffic Management Plan

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

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

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

25. Erection of Construction Sign

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

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

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

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

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

26. Protection of Adjoining Areas

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

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

b) Could cause damage to adjoining lands by falling objects; and/or

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

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

27. Toilet Facilities

b) Each toilet must:

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

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

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

28. 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 DEMOLITION AND CONSTRUCTION

29. Construction Work Hours

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

30. Demolition

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

31. Environmental Management

32. Street Sweeping

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

33. Council Property

34. 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.

35. 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.

36. 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.

37. Survey Report – Finished Floor Level

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

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

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

c) The height of the topmost level of the building including lift overruns and the roof overhang is a maximum of 17.5m above the natural ground level at that point.

38. 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.

39. Compliance with Construction Traffic Management Plan

The Council approved Construction Traffic Management Plan prepared by ML Traffic Engineers and dated April 2016, Version 1b is to be complied with for the duration of works.

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION OR SUBDIVISION CERTIFICATE

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

40. Fulfilment of BASIX Commitments

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

41. Sydney Water – s73 Certificate

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

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

42. Water Saving Urban Design

Stormwater discharging from the development site is to be treated to achieve the quality specified in Council’s Development Control Plan 2013 (table 1C.1.2(b) Urban Stormwater Quality Targets) or utilise one of the deemed to comply solutions. MUSIC model and Hornsby Shire Council Music-link report are to be submitted for Council’s endorsement prior to issue of a construction certificate where treatment measures are incorporated in the stormwater management plans. Council’s parameters are to be used in the model.

43. Certification of WSUD Facilities

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

44. Damage to Council Assets

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

45. Car Parking and Vehicular Areas

a) The driveway to be designed in accordance with Condition 15 of this development consent;

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

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

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

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

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

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

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

46. Planting on Onsite Stormwater Detention (OSD)

Planting of shrubs and groundcovers is required along the boundary on top of the OSD to define the boundary line and soften the built form.

47. Completion of landscaping

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

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

48. Retaining Walls

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

49. Boundary Fencing

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

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

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

50. External Lighting

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

51. 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.

52. Waste Management

The following waste management requirements must be complied with:

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

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

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

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

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

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

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

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

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

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

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

Note: Ramps between different levels are acceptable.

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

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

53. 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 water quality treatment systems (if constructed) and outlet works, within the lots in favour of Council in accordance with Council’s prescribed wording. The position of the on-site detention system and water quality treatment system is to be clearly indicated on the title.

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

54. Unit Numbering

55. Works as Executed Plan

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

56. 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.

57. Construction of Engineering Works

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

58. Provision for National Broadband Network (NBN)

59. Safety and Security