Agenda of General Meeting - 10 August 2016

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

File Reference: DA/333/2016

Document Number: D06998770

SCHEDULE 1

Conditions of approval

STAGE 1 – CONSTRUCTION OF THE NEW ADDITIONS TO THE EAST INCLUDING LOWER BASEMENT CARPARK AND 24 NEW BEDS

STAGE 2 – REFURBISHMENT OF THE SOUTHERN PART OF THE EXISTING BUILDING INCLUDING A NEW KITCHEN AND 13 REFURBISHED BEDS AT THE GROUND LEVEL

STAGE 3 – REFURBISHEMNT OF THE NORTHERN PORTION OF THE EXISTING BUILDING AND ADDITION OF FIRST FLOOR TO PROVIDE 30 BEDS AND ASSOCIATED FACILITIES

CONDITIONS APPLICABLE TO STAGES 1, 2 AND 3 OF THE DEVELOPMENT

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:

Architectural Plans

Plan No.	Rev	Plan Title	Drawn by	Dated
A101	F	Site Plan	Sue Kenny Architect	30/05/2016
A150	C	Demolition Plan	Sue Kenny Architect	18/03/2016
A201	F	Lower Ground Floor and Ground Floor Plan	Sue Kenny Architect	30/05/2016
A202	E	First Floor and Roof Plan	Sue Kenny Architect	18/03/2016
A301	D	Elevations and External Finishes Schedule	Sue Kenny Architect	18/03/2016
A401	C	Sections and 3D model image	Sue Kenny Architect	18/03/2016
A103	D	Site Analysis Sections	Sue Kenny Architect	18/03/2016
A104	C	Site Analysis Sections/Streetscape elevations/Photomontage	Sue Kenny Architect	18/03/2016
A106	D	Waste Management Plan and proposed staging plan	Sue Kenny Architect	18/03/2016
L01	-	Landscape Plan	Frolic Consortium	March 2016
L02	-	Plant Species Schedule	Frolic Consortium	August 2015
C01	4	Stormwater Plan	Michael Frost and Associates Pty Ltd	11/03/2016
C02	4	Stormwater Details	Michael Frost and Associates Pty Ltd	11/03/2016
C03	2	Sedimentation and Erosion Control Plan	Michael Frost and Associates Pty Ltd	11/03/2016
C04	2	Sedimentation and Erosion Control Details	Michael Frost and Associates Pty Ltd	11/03/2016

Supporting Documents

Plan No	Rev	Plan Title	Drawn by	Dated
A100	C	Cover Sheet	Sue Kenny Architect	18/03/2016
A102	C	Site Analysis Plan	Sue Kenny Architect	18/03/2016
A102A	C	Site Analysis Plan	Sue Kenny Architect	18/03/2016
A105	D	Site shadow diagram and height analysis plan	Sue Kenny Architect	18/03/2016
Sheet 1 - 5	E	Detail Survey	William Backhouse Surveyors	2/02/2016
		Architectural Design Statement	Sue Kenny Architect	17/03/2016
		Tree Report	Stuart Pittendrigh	March 2016
		Landscape Design Statement	Frolic Consortium	March 2016
		Traffic and Parking Assessment Report	Varga Traffic Planning	4/03/2016
R01	V4	Acoustic Impact Assessment Report	PKA Acoustic Consultancy	22/03/2016
215008	-	Access Report	Accessible Building Solutions	18/03/2016
		Construction Management Plan	GAC Projects Australia	12/02/2016
		Waste Management Plan	GAC Projects Australia	15/02/2016
		PAC Services and Charity Status Statement	Presbyterian Aged Care	15/02/2016
E27536	Hrpt	Preliminary Environmental Site Assessment	Environmental Investigation Services	21/07/2014
27536	1	Geotechnical Investigation	JK Geotechnics	24/02/2016
15075650	1	Preliminary Energy Efficiency Evaluation	Partners Energy	21/03/2016
-	-	SEPP 1 Objection	Smyth Planning	22/03/2016
-	-	Statement of Environmental Effects	Smyth Planning	22/03/2016

2. Removal of Existing Trees

a) This development consent permits the removal of trees numbered 2, 3, 4, 5, 6, 7, 8 and 19 as identified on plan number L01 - Landscape Plan prepared by Frolic Consortium dated March 2016.

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

3. Amendment of Plans

a) The approved Landscape Plan L01 prepared by Frolic Consortium dated March 2016 must be amended to redesign the location of the street trees and include the 2m wide footpath as shown in the approved Site plan A101 Rev F prepared by Sue Kenny Architect dated 30/05/2016.

b) These amended plans must be submitted with the application for the Construction Certificate for Stage 1 of the building works.

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. 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.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

6. Building Code of Australia

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

7. Contract of Insurance (Residential Building Work)

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

8. Notification of Home Building Act, 1989 Requirements

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

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

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

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

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

i) The name of the owner-builder; and

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

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

9. Utility Services

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

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

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

10. Sydney Water – Approval

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

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

11. Traffic Control Plan

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

a) Arrangements for public notification of the works;

b) Temporary construction signage;

c) Permanent post-construction signage;

d) Vehicle movement plans;

e) Traffic management plans; and

f) Pedestrian and cyclist access/safety.

12. Identification of Survey Marks

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

13. Acoustics

The construction certificate plans for each stage of building work must demonstrate compliance with the recommendations and construction specifications within the Acoustic Impact Assessment Report prepared by PKA Acoustic Consultancy dated 22/03/2016.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

14. 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.

15. 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.

16. 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.

17. 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.

18. Tree Protection Barriers

a) To safeguard the natural environment during the approved development works, tree protection fencing must be erected around tree Nos. 9, 11, 12, 13, 14, 15, 16, 17, 18 identified L01 - Landscape Plan prepared by Frolic Consortium dated March 2016 at nominated setbacks listed in Clause 3.2 of AS 4970-2009.

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 Clause 4.3 and 4.4 Australian Standard ‘Protection of Trees on Development Sites (AS 4970-2009).

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) Where tree protection fencing cannot be located at the perimeter of the Tree Protection Zone, appropriate ground, trunk and crown protection must be provided in accordance with AS 4970-2009 (Clause 4.5) under the direction of the project Arborist. The Structural Root Zone must be protected by fencing.

e) 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.

19. Geotechnical Investigation

Geotechnical Investigation should be undertaken and a report submitted to the Principal Certifying Authority in accordance with the recommendations within Section 4.6 of the submitted Geotechnical Investigation Report No. 27536 Rev 1 prepared by JK Geotechnics dated 24/02/2016.

REQUIREMENTS DURING CONSTRUCTION

20. Construction Work Hours

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

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

21. 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.

22. 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.

23. Street Sweeping

To protect the surrounding environment, street sweeping must be undertaken following sediment tracking from the site along Alma Court and Hillmont Avenue 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.

24. Works Near Trees

a) To protect trees to be retained, all required tree protection measures are to be monitored and maintained by the Project Arborist in accordance with Clause 5.4.3 of AS 4970-2009.

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) The approved pruning works must be conducted under the direction of the Project Arborist in accordance with the Clause 7.2 General Crown Maintenance in Australian Standard Pruning of Amenity Trees (AS 4373-2007).

d) Approved works within the nominated Tree Protection Zones of trees protected by this development consent, must be conducted in accordance with the following:

i) All works must be approved by and be conducted under the direction of 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 retained must remain intact;

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

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

vi) 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

e) The Project Arborist must monitor, record and recommend any necessary remedial actions for maintaining tree health and conditions where works are approved to be conducted within the nominated tree protection zones of trees to be protected on the site or on the adjoining properties, is there is evidence of the following:

i) A general decline in health and vigour;

ii) Damaged, crushed or dying roots;

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

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

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

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

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

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

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

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

25. Council Property

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

26. 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.

27. Landfill

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

a) Prior to fill material being imported to the site, a certificate shall be obtained from a suitable qualified environmental consultant confirming the fill wholly consists of Virgin Excavated Natural Material (VENM) as defined in Schedule 1 of the Protection of the Environment Operations Act, 1997 or 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) These certificates must be included with the application for an occupation certificate.

28. Survey Report

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

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

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

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

29. 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.

30. Compliance During Construction Works

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

i) Traffic Control Plan (TCP);

ii) Construction Management Plan (CMP); and

iii) The recommendations within the Section 4 of the Geotechnical Investigation Report No. 27536 Rev 1 prepared by JK Geotechnics dated 24/02/2016 regarding Excavation, Subgrade preparation and fill compaction, Footing Design, Shoring, Groundwater considerations relevant to the particular stage of building works.

b) Noise attenuation measures be implemented along the northern and southern boundaries of the site;

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

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

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

31. 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.

32. Damage to Council Assets

To protect public property and infrastructure, any damage caused to Council’s assets as a result of the construction or demolition of the development must be rectified by the applicant in accordance with Council’s Civil Works Specifications. Rectification works must be undertaken prior to the issue of an Occupation Certificate, or sooner, as directed by Council.

33. 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”.

34. Retaining Walls

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

35. 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.

36. Waste Management

The following waste management requirements must be complied with:

a) 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.

37. 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.

38. Final Certification – Acoustic Consultant

A suitably qualified Acoustic Consultant must provide a certificate to the Principal Certifying Authority stating that the development has been constructed in accordance with the acoustic treatments recommended in the Acoustic Impact Assessment Report prepared by PKA Acoustic Consultancy dated 22/03/2016.

39. Final Certification Geotechnical Consultant

A certificate from a suitably qualified geotechnical consultant must be provided to the Principal Certifying Authority stating that the construction has been undertaken in accordance with the findings and recommendations of the geotechnical investigation required in accordance with condition 19 of this consent.

40. Installation of Privacy Devices

To establish and maintain a reasonable level of privacy for the adjoining premises all approved privacy devices (relevant to the Stage of building works) including the screen planting must be installed/provided and be operative.

41. Restriction on Occupation – Housing for Seniors or People with a Disability

A restriction as to user must be created under s88B of the Conveyancing Act, 1919 and registered, requiring the dwellings approved under this consent to be solely used for the accommodation of:

a) Seniors (55+ age) or people with a disability;

b) People who live within the same household as seniors or people with a disability; and

c) Staff employed to assist the administration and provision of services to housing provided under SEPP (Housing for Seniors or People with a Disability) 2004.

Note: The restriction must nominate Council as the authority to release, vary or modify the restriction.

42. Fire Sprinkler System

a) The residential care facility must have a fire sprinkler system installed and operational.

43. Installation of Air Conditioner

a) To protect the amenity of adjacent properties, the condenser unit for the air conditioner must be sited a minimum of 3 metres from the property boundary of any adjoining residential premises.

b) Alternatively, a certificate must be submitted to the PCA by a suitably qualified person confirming that the unit has been tested for heating and cooling on the highest settings and that the noise levels generated do not exceed 5 dB(A) above background noise levels when tested at the property boundary between 8 pm and 10 pm.

OPERATIONAL CONDITIONS

44. 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).

45. Heavy Vehicle Access

The hours or delivery vehicle access to the site such as a garbage collection vehicle, food delivery and other deliveries specified in the PAC Services and Charity Status Statement prepared by Presbyterian Aged Care dated 15/02/2016 would be restricted to the following:

a) Monday to Saturday – 7am – 6pm

46. 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.

47. 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.

48. 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.

49. Waste Management

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

a) All commercial tenants must keep written evidence on site of a valid contract with a licensed waste contractor(s) for the regular collection and disposal of the waste and recyclables that are generated on site.

b) All commercial tenants must have a sufficient number of bins to contain the volume of waste and recycling expected to be generated between collection services.

50. Number of Staff

The premises shall accommodate a maximum of 20 staff members at any one time.

ADDITIONAL CONDITIONS APPLICABLE TO STAGE 1 OF THE BUILDING WORKS

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

51. Dilapidation Report

a) A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of adjoining properties at Nos. 3, 5, 9, 7 and 11 Alma Court and No. 1 Hillmont Avenue, Thornleigh.

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 for Stage 1.

52. Stormwater Drainage

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

a) The roof water from the existing building must connected directly to Council’s street drainage system in accordance with the approved plans listed in Condition 1.

53. 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) Have a capacity of not less than 27 cubic metres, and a maximum discharge (when full) of 14 litres per second;

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

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

54. Vehicular Crossing

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

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

b) The footway area must be restored by turfing;

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

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.

55. Footpath

A 2m wide concrete footpath must be designed and constructed across the full frontage of the subject site in accordance with Hornsby Council’s Civil Works Design and Construction Specification 2005 and the following requirements:

a) Pouring of the concrete footpath to the full frontage of the subject site.

b) A standard pram ramp is to be constructed at Alma Court.

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.

56. 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 if a private accredited certifier is engaged to obtain a construction certificate for these works;

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;

d) The driveway pavement be a minimum 3 metres wide, 0.15 metres thick reinforced concrete with SL72 steel reinforcing fabric and a 0.15 metre sub-base;

e) The pavement have a kerb to one side and a one-way cross fall with a minimum gradient of 2 percent and a lintel and pit provided at the low point;

f) Construction of pedestrian access designed to help prevent slip and fall shall be designed and constructed with the future access driveway. Pedestrian grades steeper than 12.5% must be provided with surface texturing, brushing or cleats to satisfy Class V: R11 ramps in accordance with AS 4586-2004 Clause 5.2.

g) 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 (if applicable);

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

i) The longitudinal sections shall incorporate the design levels obtained from Council; and

j) A certificate from a qualified engineer must 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.

57. Construction Management Plan

The Construction Management Plan (CMP) listed in Condition 1 of this development consent must be amended to include the following information:

a) Details of the proposed truck routes to and from the site, the routes must show that vehicles will not utilise local roads other than Hillmont Avenue, vehicles must enter and exit the site in a forward direction and must turn left from Hillmont Avenue onto Pennant Hills Road when exiting the site.

b) The amended (CTMP) must be submitted to Council for approval.

58. Waste Management Details

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

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; 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 EARTHWORKS OR CONSTRUCTION WORKS

59. Requirements Prior to the Disturbance of Ground and any Excavation Works

a) Demolition works up to the GROUND LEVEL ONLY can commence on the site subject to the issue of the Construction Certificate and the compliance with condition Nos. 1 – 19 of this development consent.

b) No demolition works below the ground level that may result in excavation or disturbance of ground, must occur prior to the compliance with the following conditions of consent:

i) Detailed Site Investigation

A detailed investigation of the proposed development site must be prepared by a suitably qualified environmental consultant. Such investigation must be undertaken in accordance with NSW Environment Protection Authority’s Contaminated Sites – Guidelines for Consultants Reporting on Contaminated Sites and Contaminated Sites – Sampling Design Guidelines.

ii) Remedial Action Plan

Should the preliminary/detailed investigation reveal contamination exceeding criteria prescribed by the NSW Environment Protection Authority’s Contaminated Sites – Guidelines for the NSW Site Auditor Scheme, a Remedial Action Plan (RAP) must be prepared by a suitably qualified environmental consultant and submitted to Council for approval.

REQUIREMENTS DURING DEMOLITION AND CONSTRUCTION

60. Demolition Works Below Ground and Excavation Works

All demolition works below ground, disturbance of ground and excavation works must commence after the site has been remediated in accordance with the approved Remedial Action Plan.

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.

61. Site Remediation Verification

The applicant must provide documentation from a suitably qualified environmental consultant verifying that the site has been remediated in accordance with the NSW Environment Protection Authority’s Contaminated Sites – Guidelines for Consultants Reporting on Contaminated Sites, the Contaminated Sites- Sampling Design Guidelines Contaminated Sites – Guidelines for the NSW Site Auditor Scheme and the recommendations of the approved Remedial Action Plan.

62. 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 systems and outlet works, within the lots in favour of Council in accordance with Council’s prescribed wording. The position of the on-site detention system is to be clearly indicated on the title;

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

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

63. 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.

64. 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 for Stage 1.

65. 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.

66. 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 plan as amended by Condition 3 of this development consent and the following requirements:

a) All landscaping works within the eastern part of the site accommodating the new building must be completed including the screen planting on the northern side;

b) 5 x Crepe Myrtle trees must be planted on Council’s nature strip on Alma Court and Hillmont Avenue in front of the new building;

c) The 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;

d) The pot size of the replacement trees within the site must be a minimum 25 litres and replacement trees must be maintained until they reach the height of 3 metres;

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

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

g) 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.

67. Boundary Fencing

Boundary fencing should be installed as per the following requirements:

a) Fencing along the Alma Court frontage including all landscaped retaining walls must be constructed in accordance with the approved plans;

b) The fencing along the rear boundary (north) be 1.8m high solid timber lapped and capped fence as per recommendations of the Acoustic Impact Assessment Report prepared by PKA Acoustic Consultancy dated 22/03/2016.

c) Fencing must be erected along Hillmont Avenue frontage to the east of the new driveway in accordance with the approved plans.

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

68. Car Parking and Vehicular Areas

a) A total of 8 car spaces including a disabled car space and plus an ambulance bay must be provided within the basement carpark;

b) All vehicular areas within the site must be constructed in accordance with the approved plans and conditions of the development consent, the Australian Standard AS 2890.1 – 2004 – Off Street Car Parking; and

c) The ambulance parking area and the turning area vehicle turning paths in the Traffic and Parking Assessment Report (ref 16050) prepared by Varga Traffic Planning dated 4/03/2016.

69. Security

All the landscaped areas, gardens and courtyards and the building must be provided with appropriate security measures as identified in the plans.

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 care facility;

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;

f) The landscaped gardens and communal open space areas within the site must be illuminated with high luminance by motion sensor lighting; and

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

ADDITIONAL CONDITIONS APPLICABLE TO STAGE 2 OF THE BUILDING WORKS

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.

70. Car Parking and Vehicular Areas

a) Six car spaces must be provided in front of the existing residential care facility building;

b) All vehicular areas within the site and the car parking, the ambulance parking area and the turning area must be constructed in accordance with Australian Standard AS 2890.1 – 2004 – Off Street Car Parking.

71. Completion of Landscaping

a) All proposed landscaping works in front of the existing building must be completed;

b) 6 x Crepe Myrtle trees must be planted on Council’s nature strip on Hillmont Avenue in front of the existing building;

c) The 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;

d) The pot size of the replacement trees within the site must be a minimum 25 litres and replacement trees must be maintained until they reach the height of 3 metres;

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

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

g) On slab planter boxes within 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.

72. Construction of Engineering Works

All engineering works identified in this consent for Stage 2 works are to be completed and a Compliance Certificate issued prior to the release of the Occupation Certificate.

73. Connection

The existing building must be connected to the new building internally and be operated as a single facility.

74. Security

All the existing security measures within the building should be operative.

ADDITIONAL CONDITIONS APPLICABLE TO STAGE 3 OF THE BUILDING WORKS

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.

75. Completion of Landscaping

a) The landscaping works on the northern side in between the new and the existing building must be completed.

b) The pot size of any replacement trees must be a minimum 25 litres and replacement trees must be maintained until they reach the height of 3 metres;

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

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

e) On slab planter boxes within 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.

76. Construction of Engineering Works

All engineering works identified in this consent for Stage 2 works are to be completed and a Compliance Certificate issued prior to the release of the Occupation Certificate.

77. Security

All the existing security measures within the building should be operative.

- END OF CONDITIONS –

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

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

Tree and Vegetation Preservation

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

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

Group Manager’s Report No. PL57/16

Planning Division

Date of Meeting: 10/08/2016

7 DEVELOPMENT APPLICATION - TOWNHOUSE DEVELOPMENT COMPRISING 9 DWELLINGS - 475 AND 477 PACIFIC HIGHWAY, ASQUITH

EXECUTIVE SUMMARY

DA No:	DA/279/2016 (Lodged 10 March 2016)
Description:	Demolition of the existing structures and construction of a two-storey, multi dwelling housing development with attics comprising nine townhouses over basement car parking
Property:	Lots 21 and 22 DP 14476, Nos. 475 and 477 Pacific Highway, Asquith
Applicant:	Australian Consulting Architects Pty Ltd
Owner:	Seventy Thirty Pty Ltd
Estimated Value:	$ 3,248,551

· The application involves demolition of the existing structures and construction of a two-storey, multi dwelling housing development with attics comprising nine townhouses over basement car parking.

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

· Five submissions have been received in respect of the application from one resident.

· It is recommended that the application be approved as deferred commencement consent subject to the creation of an easement for stormwater to drain to Council’s stormwater drainage system.

RECOMMENDATION

THAT Development Application No. DA/279/2016 for demolition of existing structures and construction of nine, two-storey townhouses with attics over basement car parking at Lots 21 and 22 DP 14476, Nos. 475 and 477 Pacific Highway, Asquith be approved as a deferred commencement pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979 subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL57/16.

BACKGROUND

The subject land was rezoned from Residential A (Low Density) to R3 (Medium Density Residential) on 2 September 2011 as part of Council’s Housing Strategy.

On 13 October 2015, a pre-lodgement meeting was held between the applicant and Council officers. At the meeting, the applicant sought advice regarding a proposed multi dwelling housing comprising 10 two storey townhouses on the site. Council raised concerns regarding the setbacks to the boundaries, access to Asquith Oval, garbage collection and the loss of a significant tree.

The application was lodged on 10 March 2016 proposing construction of a multi dwelling housing comprising 10 two storey townhouses with attics over a common basement carpark.

Following an initial assessment of the application, on 20 April 2016, concerns were raised by Council officers regarding the design of the development, the proposed setbacks and solar access to individual units.

A meeting was held between Council Officers and the applicant in May 2016 to discuss these concerns. Consequently, amended plans were lodged on 15 June 2016 for 9 townhouses with increased setbacks from the side boundaries.

Further amended plans were submitted to Council on 22 July 2016 that increased the setbacks of the townhouses from the rear boundary. The amended plans are the subject of this report.

SITE

The subject site comprises two allotments located on the western side of the Pacific Highway, Asquith. The site is irregular in shape, has an area of 1,402m²and a 31.12m frontage to the road. The site has a downward slope of 5.8% from the north-eastern corner to the south-western corner (rear).

Existing improvements on the site include two dwelling-houses with associated garages and carports accessed off the Pacific Highway via existing driveways. The site accommodates a number of trees including locally native and exotic species.

Asquith Oval adjoins the western boundary (rear) of the site. The adjoining allotments to the north and south include single and two storey dwelling houses.

The site is located approximately 1km north of Asquith Railway Station and the Asquith Commercial Centre. The surrounding developments include low density single and two storey residential dwellings on both sides of the Pacific Highway. The locality forms part of a redevelopment precinct zoned for two storey townhouse style developments which is undergoing transition.

PROPOSAL

The application proposes the demolition of the existing structures and construction of a two-storey multi dwelling housing development with attics comprising nine townhouses over basement car parking. The townhouses are proposed in two rows with a central courtyard accommodating private open space areas and a common walkway.

The unit configuration includes 6 x 3 bedroom dwellings and 3 x 4 bedroom dwellings with ground level open space fronting the street and rear setbacks. Individual access to the basement level car spaces is proposed for the four dwellings fronting the Pacific Highway.

One pedestrian entry is located adjacent to the northern boundary of the site with another pedestrian entry located adjacent to the driveway. A total of 19 car parking spaces including 18 residential car spaces in tandem arrangement, 1 visitors’ car space, bicycle and motorcycle parking, an on-site stormwater detention system, a garbage storage area and a truck turning area facilitating access for Small Rigid vehicles (SRV) are included in a single basement level.

Access to the rear row of townhouses from the basement level is proposed via stairs at the north-western corner of the basement. The stairs would connect to a communal open space on the northern side and then provide access to the individual dwellings via a common pathway across the centre of the site.

The development would be accessed from the Pacific Highway via a driveway located adjacent to the southern boundary of the site.

ASSESSMENT

1. STRATEGIC CONTEXT

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

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

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

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

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

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

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

The proposed development is defined as “multi dwelling housing” and is permissible in the zone with Council’s consent.

2.1.2 Height of Buildings

Clause 4.3 of the HLEP provides that the height of a building on any land should not exceed the maximum height shown for the land on the Height of Buildings Map. The maximum permissible building height for the subject site is 10.5 metres. The proposed building height is 10.4 metres and complies with this provision.

2.1.3 Heritage Conservation

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

2.1.4 Earthworks

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

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

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

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

Due to the age of the existing fibro clad dwelling houses and outbuildings on the existing allotments there is potential for the existing buildings to contain asbestos. Accordingly, appropriate conditions are included to require all asbestos to be removed from the site appropriately. Furthermore, taking into account the significant excavation required to accommodate the proposed basement car park, much of the existing soil would be removed from the site.

2.3 State Environmental Planning Policy (Infrastructure) 2007

The application has been assessed against the requirements of State Environmental Planning Policy (Infrastructure) 2007. This Policy contains State-wide planning controls for developments adjoining busy roads and railways. The development has frontage to a classified road corridor (Pacific Highway). The following matters are required to be considered pursuant to the SEPP (Infrastructure).

2.3.1 Development with Frontage to a Classified Road

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

The objective of this Clause is:

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

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

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

2.3.1.1 Frontage to Classified Road

The site has a frontage to the Pacific Highway with access being provided via a 6m wide (and variable) driveway. The proposal was referred to the Roads and Maritime Services (RMS) under the provisions of Section 138 of the Roads Act 1993 and no objections are raised regarding the location of the driveway subject to recommended conditions of consent.

A Traffic and Parking Impact Assessment submitted with the proposal estimates the traffic generation from the existing site and proposed development using Roads and Maritime Services (RMS) traffic generation rates. The net traffic generation is estimated to be 4.5 vehicle trips per hour in the AM and PM peak hours, which is negligible when compared with the traffic volumes on the adjacent road network.

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

Given the above, it is considered that the proposed development would not have an adverse impact on the safety, efficient and ongoing operation of the Pacific Highway.

2.3.1.2 Impact of Vehicle Emissions

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

The current improvements on the site include dwelling houses that would currently be impacted upon by vehicle emissions and airborne dust particles due to the current traffic flow. The rezoning of the land to R3 - Medium Density Residential pursuant to Council’s Housing Strategy has been the subject of consultation with the RMS and endorsed by the Department of Planning, who have not raised concern with regard to air quality in this area. The proposed development includes setbacks, landscaping, deep soil zones generally in accordance with the requirements of the Hornsby Shire Housing Strategy Development Control Plan which would ameliorate the impacts of noise and emissions. The proposed development would result in the net increase of 4.5 vehicles during peak hours and therefore, the additional impact due to vehicle emissions would be negligible.

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

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

The application is assessed as satisfactory in this regard.

2.3.2 Impact of Noise

Assessment of the impact of road noise on a residential use is required pursuant to Clause 102 of SEPP Infrastructure where a development fronts a road with an annual average daily traffic volume of more than 40,000 vehicles. The subject site has a frontage to Pacific Highway. However, the average daily traffic volume on the Pacific Highway in the vicinity of the site does not exceed 40,000 vehicles and therefore, this clause does not apply to the proposal. Recommended conditions of consent ensure that the development is capable of achieving reasonable amenity and acoustic privacy in accordance with the requirements within “Development Near Rail Corridors and Busy Roads – Interim Guidelines 2008”.

2.3.3 Traffic Generating Developments

The development is not classified as a Traffic Generating Development in accordance with Clause 104 and Schedule 3 of SEPP (Infrastructure) as it would not result in more than 75 dwellings fronting a classified road.

2.4 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.

2.5 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.

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

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

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

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

2.8 Hornsby Development Control Plan 2013

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

Hornsby Development Control Plan 2013
Control	Proposal	Requirement	Compliance
Site Width	31.12m	30m	Yes
Height	10.4m	10.5m	Yes
No. storeys	2 storeys + attic	2 storeys + attic	Yes
Height of Basement Above Ground	1.8 - 2m	1m (max)	No
Roof pitch	25 degrees	25 degrees (max)	Yes
Dormer Windows Max. width Min. separation	2m 3m	2m 2m	Yes Yes
Front Setback	9m	9m	Yes
Balcony encroachment	1.6m	1.6m	Yes
Rear Setback	5m	6m	No
Side Setback (north)	3m	3m	Yes
Side Setback (south)	3m	3m	Yes
Separation between townhouses	8m – 9m	9m	No
Underground Parking Setback	6m-front 4m-rear 3m-sides	6m-front 4m-rear 3m-sides	Yes Yes Yes
Basement Ramp Setback	3m	2m	Yes
Maximum Panel Width Front Side (north) Side (south)	5m – 6m 8m 5m – 14m	6m 8m 8m	Yes Yes No
Deep Soil Landscaped Areas	6m-front 4m -rear 3m-sides	6m-front 4m -rear 3m sides	Yes Yes Yes
Principle Private Open Space with minimum dimension 3m	15m² - 24m²	Min. 24m²	No
Communal Open Space	N/A as <10 units	N/A	N/A
Parking	18 resident spaces 1 visitor space 7 bicycle racks 1 motorbike space	18 resident spaces 2 visitor spaces 3 bicycle racks 1 motorbike space	Yes No Yes Yes
Solar Access	88% (8/9)	70% receive 3 hours	Yes
Housing Choice	N/A as <10 units	N/A	N/A
Adaptable Units	N/A as <10 units	N/A	N/A

As detailed in the above table, the proposed development does not comply with a number of prescriptive requirements within the HDCP. The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant desired outcomes.

2.8.1 Desired Future Character

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

2.8.2 Site Requirements

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

2.8.3 Height

The proposed development complies with the 10.5 metre maximum height limit.

The section of the basement below Unit 1 would project 1.8m – 2m above the natural ground level at the south-western corner. Given that a SRV truck would access the basement for garbage collection, a 3.5m height clearance is required to be provided at the south-western corner which results in the additional basement projection at this point. Notwithstanding, the proposed Unit 1 does not include an attic level and therefore, complies with the maximum height limit despite the finished floor levels being 1.8m – 2m above the natural ground level.

The proposed non-compliance at the south-western corner would not result in adverse impact on the amenity of the adjoining southern property and would not be perceivable from the public domain at the rear (Asquith Oval) or the front (Pacific Highway). Accordingly, the proposed basement projection is acceptable.

2.8.4 Roof Design

The development incorporates pitched roofs with wide eaves extending to the front and rear of each unit. The roof pitches would be less than 25 degrees, in accordance with the requirements of HDCP. The attic level is contained wholly within the roof space.

Dormer windows at the attic level are set below the ridge level, well integrated with the design of the roof itself and provide additional articulation to the roof forms. Accordingly, the proposed development is satisfactory in respect to the two-storey built form with attics.

2.8.5 Setbacks

The setbacks are assessed under the relevant headings:

Front Setback (Pacific Highway)

The majority of the building frontage to the Pacific Highway has a setback of 9m. Minor encroachments within the prescribed setbacks (8.5m) are noted for 50% of the total building frontage to allow building articulation. The encroachments would not have an adverse impact on the streetscape and would enhance the building façade fronting the street by including offsets and indents. Balconies encroach up to a maximum 1.6m in accordance with the HDCP requirements.

Rear Setback

The proposed townhouses would encroach within the prescribed 6m setback to the rear. The non-compliance is acceptable for the following reasons:

· The site fronts the Pacific Highway. Therefore, a setback of 9m is required from the classified road in lieu of 7.6m to local roads. The proposal incorporates reasonable floorplates for the individual dwellings and provides appropriate building separation within the site. Given the depth of the site, two rows of townhouses can only be achieved by proposing an encroachment to the rear setback. Compliance with the rear setback may require deletion of the rear row of townhouses which is not warranted in this instance.

· The intent of the rear setback development control is to provide adequate building separation with a development at the rear. However, the site adjoins Asquith Oval to the rear. Therefore, the proposed encroachment would not impact on the amenity or outlook of any adjoining development.

· The building at the rear would be well articulated to enhance the public domain along this frontage of the site. The allowance would be minor compared to the overall scale for the development and would not create an undesirable precent for the precinct.

Side Setbacks

The proposed townhouses are oriented to the front/rear property boundaries. Accordingly, provision of a 3m setback to the side boundaries is acceptable. The windows and openings on the northern and southern sides are proposed to be highlight with a minimum sill level of 1.5m or glass blocks to alleviate any overlooking opportunities.

Given the above, the proposed development would not have any unreasonable impact on the privacy of the adjoining properties on both sides.

2.8.6 Built Form and Separation

2.8.6.1 Separation

The HDCP stipulates the following separation requirements:

· 12m between unscreened habitable rooms/balconies/private open space

· 9m between screened habitable rooms/balconies/private open space

· 6m between non-habitable rooms (including blank walls)

The proposed internal separation between the two rows of townhouses would vary between 8m – 9m and would not strictly comply with the above requirements.

Further, ground level private open spaces (POS) for both the rows of townhouses have been divided into two components. The POS components, located centrally between the townhouses, would not have an internal separation of 9m. The above non-compliances are supported due to the following reasons:

· Due to the constraints of the site, private open space is not achievable elsewhere on the site and is most appropriate between the townhouses. The POS areas at the ground level, located in between the two rows would be separated by fencing, raised planter boxes and level changes within the site to avoid overlooking opportunities.

· No screening has been proposed for the ground level doors and windows on the internal elevations. This is considered acceptable as the townhouses would be separated by fencing, change of levels and screen planting at the ground level. Notwithstanding, a condition of consent requires that any proposed fencing to courtyards within the central section of the site be a minimum 1.5m.

· The entrance to Unit 2 is proposed to be in close proximity to a window on the eastern elevation of Unit 3. This is considered unacceptable as it would have adverse impact on the visual and acoustic privacy of the residents of both the dwellings. Accordingly a condition of consent recommends that this window be deleted.

· At the first floor level, windows of two habitable rooms would not face each other. Bathroom windows are designed to be located opposite bedroom windows to alleviate any overlooking opportunities that may arise due to the reduced building separation.

· A balcony to a bedroom of Unit 8 would directly face the bedroom window of Unit 2. To avoid any adverse privacy impact on future occupants, a privacy screen has been added to the secondary balcony at the upper level balcony.

Given that the design incorporates appropriate privacy measures to alleviate overlooking opportunities and maintain amenity of the future occupants and neighbours, the proposal complies with the intent of the “Building separation” control and would result in a reasonable design outcome for the site.

2.8.6.2 Articulation

Articulation has been achieved within the front façade by stepping the townhouses resulting in wall panels 5m – 6m wide with vertical detailing between the dwellings along the front and rear.

The unbroken wall length along the northern elevation is also restricted to 8m by proposing offsets to wall panels.

Non-compliance is noted along the southern elevation where a continuous building length of 14m is proposed for Unit 1 at the ground level only. The facade has been divided into vertical panels varying between 5m – 8m in length at the first floor level to reduce any adverse visual impact due to the unbroken wall length. Given that the non-compliance relates to the ground floor only and would not impact on the streetscape or the public domain, the proposal is acceptable in this regard.

2.8.7 Landscaping

The landscaping provisions of the HDCP prescribe that 4m - 6m wide landscaped areas be provided at the front and rear and 3m wide landscaped areas be provided along the side boundaries. The design of the basement generally achieves the prescribed setbacks along the street frontage, the rear and the northern boundaries.

A common staircase providing access to the rear row of townhouses from the basement carpark would encroach within the deep soil area along the northern boundary. The encroachment is minor and is considered acceptable.

The proposal would result in the removal of a significant tree located within the development footprint. The matter is discussed later in this report. The submitted landscape plan proposes medium to large sized native trees (28 in total) intercepted by hedges and shrubs along the road frontage, side and rear boundaries and the central courtyard.

A communal landscaped area is proposed on the northern side of the site with a gate providing access to Asquith Oval from the site. Council has reviewed this proposal and raises no objection to the provision of one common access to the park from the site. This would provide additional amenity to the future occupants of the site. A condition of consent recommends that a 1.8m high timber lapped and capped fence be proposed along the entire rear boundary of the site.

A condition of consent also recommends that low height (1.2m) front fence be provided to enclose the courtyards fronting Pacific Highway and that such fencing be located behind a 2.5m wide communal landscaped area in the front setback. Individual access to the front row of townhouses is to be provided from this landscaped area.

The proposal does not provide a 4m wide landscaped strip with a minimum 2m dimension in between the two rows of buildings. Notwithstanding the numerical non-compliance, the proposal includes appropriate planting in between the two buildings to provide privacy for the two rows of dwellings and is assessed as satisfactory.

The proposal is assessed as satisfactory with regard to basement carpark setbacks and landscaping, subject to recommended conditions of consent.

2.8.8 Open Space

All the dwellings include open space areas in excess of the requirement of 24m². Given the design of the floorplates, the private open space areas have been divided into two components, being at the front and rear of each dwelling.

For a number of dwellings, the area of each component would be less than 24m². Notwithstanding, the proposed plans demonstrate that at least one component would have a depth in excess of 3m and includes a reasonable sized deck and an open lawn area. Both the private open spare areas would be accessed off living/dining areas at the ground floor and would be suitable for use as an extension to living areas.

The components of private open space areas facing the Pacific Highway are well setback and screened by raised planters, canopy trees and low height fencing (1.2m). Given that the site is at a lower level than the road, the design of these areas is acceptable.

The private open space areas between the rows of dwellings would be screened by low height fencing and raised planter boxes.

The development could achieve the 24m² of principal private open space at a single location by reducing the size of the floorplates for the individual dwellings or by reducing the common areas at the centre of the site. However, the size of the dwellings is considered appropriate in respect of amenity desired for medium density housing and further reduction in the floor space is not warranted in this instance. The encroachment of private open space areas within the common areas between the two rows of dwellings would reduce the width of the central pathway or landscaping which is not desirable.

In the current form, the proposed design of the ground floor terraces and lawn areas are considered appropriate for the respective dwellings in respect to dwelling size, aspect, unit configuration and amenity. The provision of two components of private open space areas would provide opportunity for alternate uses by the occupants and would also facilitate solar access to one of the areas throughout the day.

It is considered that the proposed private open space areas achieve the desired outcome of the HDCP and are assessed as satisfactory.

2.8.9 Privacy and Security

The HDCP encourages the location of primary living areas and private open space areas at the front or rear. The development is designed orientating the upper level balconies and the ground level private open space areas to the front and rear of each dwelling with an east west orientation. Screen planting around the private open space areas between dwellings would restrict overlooking opportunities.

The design orientates the windows of the individual dwellings towards the street and central courtyard area, providing passive surveillance of the public domain and communal areas. Both the pedestrian and vehicular entry points are secured and visibly prominent from the Pacific Highway.

The proposal includes an assessment of the development against crime prevention controls having regard to surveillance, access/egress control, territorial reinforcement and space management. Subject to the implementation of recommended conditions of consent, the proposal is assessed as satisfactory with regard to privacy and safety.

2.8.10 Sunlight and Ventilation

The HDCP stipulates that, between 9am and 3pm on 22 June, at least 70% of the dwellings should receive a minimum of 3 hours of unobstructed solar access to 50% of the private open space areas and the north facing living areas.

The applicant has provided shadow diagrams at 9am, 12 noon and 3pm which indicate that 8 of the 9 units receive at least 3 hours of unobstructed sunlight on 22 June.

2.8.11 Vehicular Access and Parking

The proposed single level basement car park is to be accessed via a 6m wide driveway from the Pacific Highway. Two car spaces are allocated to each dwelling in a stacked arrangement. The HDCP requires that 2 visitor car spaces be provided for the development. The basement plan includes only one visitor car space and does not comply with this provision.

A condition of consent recommends that the bicycle parking spaces be replaced by another visitor car space. There is sufficient scope within the basement to relocate the 3 bicycle spaces required by HDCP. The proposal is assessed as satisfactory subject to the implementation of the recommended condition.

The driveway width, ramp gradients and aisle widths are assessed as satisfactory.

2.8.12 Waste Management

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

The site will require 3 x 240 litre garbage bins serviced two times per week and 3 x 240 litre recycling bins serviced weekly. A shared bin area is proposed within the basement level, sufficient in size to accommodate the required number of bins. The development includes an 8m² bulky waste storage area within the basement.

The site would be serviced by a SRV garbage truck within the basement. Vehicle turning paths have been provided demonstrating that forward ingress and egress of the SRV truck from the basement can be achieved.

Subject to recommended conditions, the proposed development is satisfactory with regard to waste management and collection.

2.8.13 Pacific Highway, Mount Colah and Asquith Precinct

The strategy for redevelopment of this precinct is to incorporate predominantly one or two storey multi dwelling housing in garden settings with parking in basements and reflect the established pattern of detached dwellings by dividing the floor space of new buildings into well-articulated pavilion forms.

The development proposes two rows of townhouses with landscaped setbacks. The development would provide for a landscaped setting and a built-form that is consistent with the desired future outcome for the precinct.

2.9 Draft Hornsby Development Control Plan 2013

Draft amendments to the HDCP are currently being exhibited. The draft HDCP amendments include amendments to the prescriptive controls within Section 3 of the HDCP.

The proposed development would be consistent with the draft amendments to the HDCP.

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 9 residential dwellings in lieu of the 2 existing residences. Accordingly, the requirement for a monetary Section 94 contribution is recommended as a condition of consent.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The subject site and adjoining properties including the Asquith Park accommodate tree species that are consistent with Sydney Turpentine Iron Bark Forest, listed as Endangered Ecological Communities (EEC). The proposed development would necessitate the removal of nine existing trees from the site. One tree to be removed (T3 – Sydney Blue Gum) is identified as a ‘significant tree’, in accordance with the Tree and Vegetation provisions of the HDCP. All other trees within the site constitute exempt species.

The application is supported by an Arboricultural Impact Assessment Report. The report states that T3 would require removal as it is located within the building footprint. A further significant tree (T1 – Red Mahogany) is located on the adjoining property at No. 473 Pacific Highway. Tree protection measures are proposed to retain T1, T2 and T12 located on the neighbouring properties.

Council’s assessment of the proposal included a detailed examination of the existing trees on site. No objections are raised regarding the removal of the exempt trees (8 in total) from the site. The garbage collection area and truck turning area are proposed under T3 whereby retention of the tree is not feasible.

As such, the desired future character of the redevelopment precinct is required to be considered in conjunction with the objectives of the objectives of the Environmental Planning and Assessment Act 1979, which requires co-ordination of orderly and economic use of land. The tree would be located within the development footprint. Retention of the tree would significantly constrain redevelopment of the site in accordance with the objectives of the R3 zone. In this regard, it is considered that a greater public benefit would be achieved by providing seven additional dwellings in lieu of removal of a tree.

A landscape plan has been submitted with the application that includes replacement planting with a range of large and medium canopy trees with a mix of small and medium shrub layers and ground covers. Two large Eucalyptus trees are proposed within the front setback which is considered to be a suitable location for such replacement planting.

Subject to conditions requiring the on-going maintenance of the landscaped areas, the development would achieve a landscape setting and would be acceptable with respect to the natural environment.

3.1.2 Stormwater Management

The development proposes to connect to Council’s drainage system located within Asquith Oval at No. 459X Pacific Highway, Asquith via a below ground on-site detention (OSD) and a rainwater tank system to control discharge of water from the site.

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

The application proposes to create a drainage easement over No. 459X Pacific Highway to enable connection to the existing system. The location of the drainage easement would not impact on any of Council’s existing assets or trees. The applicant is currently seeking consent from Council to facilitate the drainage connection. Accordingly, a deferred commencement is recommended for the creation of an easement to drain water from the site over the downstream property at No. 459X Pacific Highway, Asquith.

Subject to recommended conditions, the proposal would be satisfactory.

3.2 Built Environment

3.2.1 Built Form

The built form responds to the existing streetscape and the slope of the site. The proportions, alignments and articulation provide an appropriate scale relationship between dwellings and create streetscape interest. The proposed external finishes would provide a variety in built form and blend with the existing developments in the street.

The proposal is acceptable in terms of the built form, scale and its relation to the desired future character.

3.2.2 Traffic

The site has frontage to a state road, the Pacific Highway. The impact of the traffic generated by the proposal, on the local road network has been discussed in Section 2.3.1 of this report.

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

3.3 Social Impacts

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

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

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

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 31/03/2016 and 14/04/2016 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received five submissions from one resident. 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

Five submissions objected to the development, generally on the grounds:

· The proposed development would isolate No. 473 Pacific Highway (adjoining property to the south);

· The proposal would have adverse overshadowing impacts on the adjoining southern property;

· The proposal would result in adverse privacy impacts on the adjoining southern property due to the windows of Unit 1;

· The development would have an acceptable bulk and scale when viewed from the adjoining southern property;

· The development would result in stormwater overflow on to the downstream properties; and

· The developer for the site has demanded that consent be granted for a stormwater easement by the owners of No. 473 Pacific Highway.

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 Isolation of Site

The proposed development is the first application lodged for a medium density development on the western side of Pacific Highway. There are a number of properties on either side of the site that are capable of being consolidated. Accordingly, this proposal would not isolate the adjoining allotment at No. 473 Pacific Highway, Asquith.

5.1.2 Overshadowing

The proposed development would overshadow the adjoining southern property to some extent. However, the buildings comply with the permissible height limit on the site and the built form is consistent with the desired future character of the area. Being a redevelopment precinct, the overshadowing is considered to be reasonable.

Should the adjoining southern property be redeveloped with townhouses orientated to the front and rear, the future dwellings would receive 3 hours solar access to the private open space areas and the living room windows.

5.1.3 Overlooking

As discussed in Section 2.8.5 of this report, all windows on the southern elevations of Units 1 and 9 are proposed to have a minimum sill height of 1.5m above the finished floor level. This is considered to be satisfactory and would retain the privacy of the adjoining property to the south.

5.1.4 Easement

The application initially proposed connection to the Council controlled drainage system via the downstream property No. 473 Pacific Highway. However, the amended proposal seeks approval for direct connection to Council’s drainage system via Asquith Park. Accordingly, any dispute regarding granting of an easement is not relevant to the assessment of this application.

5.2 Public Agencies

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

5.2.1 Roads and Maritime Services

As discussed in Section 2.3 of this report, RMS has reviewed the proposal and raised no objections subject to recommended conditions of consent.

6. THE PUBLIC INTEREST

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

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

CONCLUSION

The application seeks approval for the demolition of existing structures and construction of a multi dwelling housing development comprising nine two storey townhouses with attics over a single level basement car parking.

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

The proposal would result in a development that would be in keeping with the desired future character of the precinct.

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

1.View	Locality Plan
2.View	Site Plan
3.View	Landscape Plan
4.View	Floor Plans
5.View	Elevations and Sections
6.View	Shadow Plans
7.View	Perspectives
8.View	Stormwater Plan

File Reference: DA/279/2016

Document Number: D06993903

SCHEDULE 1

1. Deferred Commencement

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

a) The registration and creation of an easement to drain water from the site over downstream property at Lot 2 DP 618687, No. 459X Pacific Highway, Asquith.

Such information must be submitted within 3 years of the date of this notice.

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

CONDITIONS OF APPROVAL

GENERAL CONDITIONS

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

2. Approved Plans and Supporting Documentation

Approved Plans

Plan No.	Issue	Plan Title	Drawn by	Dated
A003	D	Site Plan	Australian Consulting Architects	22/07/2016
A101	E	Basement GA Plan	Australian Consulting Architects	22/07/2016
A102	D	Ground Floor GA Plan	Australian Consulting Architects	22/07/2016
A103	E	Level 1 GA Plan	Australian Consulting Architects	22/07/2016
A104	E	Attic GA Plan	Australian Consulting Architects	22/07/2016
A105	D	Roof GA Plan	Australian Consulting Architects	22/07/2016
A200	D	Elevations	Australian Consulting Architects	22/07/2016
A201	D	Elevations	Australian Consulting Architects	22/07/2016
A202	A	Internal elevation	Australian Consulting Architects	22/07/2016
A300	D	Sections	Australian Consulting Architects	22/07/2016
A301	D	Sections	Australian Consulting Architects	22/07/2016
DA1	C	Landscape Concept Plan	Vision Dynamics	23/07/2016
D01	C	Basement Stormwater Drainage Plan	Loka Consulting Engineers	06/06/2016
D02	A	Basement Stormwater Drainage Details	Loka Consulting Engineers	12/01/2016
D03	E	Site Stormwater Drainage Plan	Loka Consulting Engineers	06/06/2016
D04	D	Easement Details	Loka Consulting Engineers	04/05/2016
D05	B	Stormwater Drainage Details	Loka Consulting Engineers	03/02/2016
D06	A	Erosion and Sediment Control Plan	Loka Consulting Engineers	12/01/2016

Supporting Documents

No.	Issue	Plan Title	Drawn by	Dated
A002	D	Survey Plan	Australian Consulting Architects	22/07/2016
A004	D	Site Analysis	Australian Consulting Architects	22/07/2016
A600 and A601	D	Shadow Diagrams	Australian Consulting Architects	22/07/2016
A602	D	Shadow Ground Level	Australian Consulting Architects	22/07/2016
A604	A	Elevation Shadow Diagrams	Australian Consulting Architects	22/07/2016
A605	A	Elevation Shadow Diagrams	Australian Consulting Architects	22/07/2016
A500	D	Perspectives	Australian Consulting Architects	22/07/2016
A501	A	Perspectives	Australian Consulting Architects	22/07/2016
A700	D	Window Schedule	Australian Consulting Architects	22/07/2016
A800	D	Finishes Schedule	Australian Consulting Architects	22/07/2016
D00	A	Cover sheet, notes and legend	Loka Consulting Engineers	12/01/2016
D07	A	Music Modelling Result	Loka Consulting Engineers	29/01/2016
2404AIA	-	Arboricultural Impact Assessment	Tree Wise Men	February 2016
2404AIP	-	Arboricultural Implications Plan	Tree Wise Men	11/09/2015
15588	-	Traffic and Parking Assessment Report	Varga Traffic Planning	4/03/2016
-	-	Waste Management Plan	Australian Consulting Architects	3/03/2016
702728M	03	BASIX Certificate	Eco Certificates	13/07/2016
		Construction Management Plan	-	Received 10/03/2016
0342/15	-	Statement of Environmental Effects	Planning Ingenuity	22/02/2016
0000512720		NatHERS Certificate	Eco Certificates	13/07/2016

3. Removal of Existing Trees

a) This development consent permits the removal of trees numbered 3, 4, 5, 6, 7, 8, 9, 10 and 11 as identified on plan number DA1 – C Landscape Concept Plan prepared by Vision Dynamics, dated 23/07/2016.

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

4. Amendment of Plans

a) The approved plan A101 – E Basement GA plan prepared by Australian Consulting Architects dated 22/07/2016 are to be amended as follows:

i) Delete the bicycle parking space and provide a visitors car space at that location. The dimension of the car space must comply with AS2890.1; and

ii) Relocate the bicycle spaces behind the proposed visitor’s car space as marked in red.

b) The ground level window on the eastern elevation of Unit 3 on A102 – E and A202-A prepared by Australian Consulting Architects dated 22/07/2016 must be deleted, as marked in red on the approved plans.

c) The following plans are to be amended to be in accordance with the approved floor plans in A101 – E Basement GA Plan and A102-D Ground Floor GA Plan prepared by Australian Consulting Architects dated 22/07/2016:

Plan No.	Issue	Plan Title	Drawn by	Dated
D01	C	Basement Stormwater Drainage Plan	Loka Consulting Engineers	06/06/2016
D02	A	Basement Stormwater Drainage Details	Loka Consulting Engineers	12/01/2016
D03	E	Site Stormwater Drainage Plan	Loka Consulting Engineers	06/06/2016
D04	D	Easement Details	Loka Consulting Engineers	04/05/2016
D05	B	Stormwater Drainage Details	Loka Consulting Engineers	03/02/2016
D06	A	Erosion and Sediment Control Plan	Loka Consulting Engineers	12/01/2016

d) The location of the letter boxes in DA1 – C Landscape Concept Plan prepared by Vision Dynamics, dated 23/07/2016 must be amended to provide a setback of 2m from the front boundary. Shrubs must be planted in this section of the site between the mailbox and the front boundary.

e) These amended plans must be submitted with the application for 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	$ 16,944.30
Open Space and Recreation	$ 81,843.20
Community Facilities	$ 39,228.15
Plan Preparation and Administration	$ 226.50
TOTAL	$138,242.15

being for 9 townhouses with a credit of 2 existing dwellings.

b) The value of this contribution is current as at 7 July 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.

7. Project Arborist

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

8. Building Code of Australia

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

9. Contract of Insurance (Residential Building Work)

10. Notification of Home Building Act, 1989 Requirements

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

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

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

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

i) The name of the owner-builder; and

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

11. Utility Services

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

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

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

12. Sydney Water – 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.

13. Dilapidation Report

a) A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of adjoining properties at nos. 473 and 479 Pacific Highway, Asquith.

14. 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.

15. Identification of Survey Marks

16. 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 the easement to drain water.

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

17. 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) Have 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) The permitted site discharge from the development site is not to exceed 25 litres/second and the volume of storage not less than 17m³;

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.

18. Stormwater Quality Requirements

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

19. Vehicular Crossing

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

b) The footway area must be restored by turfing;

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

d) Concurrence and approval of the Roads and Maritime Authority (RMS) for all works within Pacific Highway is to be submitted to Council with the construction certificate application.

20. 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) Kerb and guttering be constructed along the frontage of Pacific Highway for the full frontage of the site in accordance with the requirements of RMS;

b) The existing footpath along Pacific Highway is to be removed and a 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 open swale (drain) in front of the development site must be replaced by a stormwater and nature strip graded to the requirements of RMS;

e) 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;

f) Concurrence and approval of the RMS for all works within Pacific Highway is to be submitted to Council with the construction certificate application.

g) Necessary road occupancy permit is to be obtained from RMS to carry out works in Pacific Highway.

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.

No work is to commence within the road reserve until approval under Section 138 of the Roads Act is obtained from Hornsby Shire Council.

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 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;

d) Longitudinal sections along both sides of the access driveway must be submitted to the principal certifying authority in accordance with the relevant sections of AS 2890.1;

e) The maximum grade of the driveway must 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;

f) The longitudinal sections must incorporate the design levels obtained by Council;

g) A certificate from a qualified engineer must 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; and

h) A certificate from a qualified traffic Engineer must be submitted to the principal certifying authority certifying that the driveway grades, headroom clearance, aisle width for the sections of driveway to be utilised by waste collection vehicles is designed in accordance with Australian Standard AS 2890.2 – 2002 Parking Facilities Part 2: Off-street commercial vehicle facilities for a Small Rigid Vehicle (SRV).

22. 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; and

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.

23. Noise – Rail and Road Corridor

The development must be carried out in accordance with the requirements of the Department of Planning’s Development Near Rail Corridors and Busy Roads – Interim Guideline and RailCorp’s Interim Guidelines for Applicants.

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

24. Waste Management Details

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

a) The bin storage room at the basement level must be accessibly by persons with a disability while comfortably holding at least 6 of 240L bins;

Note: a 240 L recycling bin is 600 mm wide by 750 mm deep; allow for ease around the bin – 75 mm is recommended. These dimensions do not include wall thickness, door thickness, ventilation ducting etc., which must be added. The door must be wide enough and positioned such that the bin can fit through. Every bin must be able to be accessed (so stacking of bins two or more deep).

b) 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

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.

29. Tree Protection Barriers

a) To safeguard the natural environment during the approved development works, tree protection fencing must be erected around tree Nos. 1, 2 and 12 identified DA1 – C Landscape Concept Plan prepared by Vision Dynamics, dated 23/07/2016, at nominated setbacks listed in the Arboricultural impact Assessment prepared by Tree Wise Men dated February 2016.

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 impact Assessment prepared by Tree Wise Men dated February 2016.

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

30. Construction Work Hours

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

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

31. 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;

32. 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.

33. Street Sweeping

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

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

34. 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) The approved pruning works for T1 must be undertaken by a qualified Arborist (minimum AQF3) and in accordance with the recommendations in Section 5.3.1 of the Arboricultural Impact Assessment report provided by provided by Tree Wise Men dated February 2016. Certification must be supplied to the Principal Certifying Authority within 7 days of the works being undertaken confirming compliance with AS4373-2007.

d) Approved works within the nominated Tree Protection Zone of T1 must be carried out in accordance with the methods listed in the Arboricultural impact Assessment prepared by Tree Wise Men dated February 2016 and the following requirements:

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

iii) The Structural Root Zone retained must remain intact;

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

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

vi) 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.

e) The Project Arborist must monitor and record any necessary remedial actions for maintaining tree health and condition required for trees numbered 1, 2 and 12.

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

g) 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.

35. Council Property

36. Excavated Material

37. Landfill

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

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

c) These certificates must be included with the application for an occupation certificate.

38. Survey Report

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

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

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

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

iii) The maximum height of the building (including ridge) is 10.5mfrom the natural ground level at that point.

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

39. 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.

40. 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).

41. 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.

42. Fulfilment of BASIX Commitments

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

43. 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.

44. Water Saving Urban Design

A Water Saving Urban Design (WSUD) is to be constructed generally in accordance with the engineering report and plans listed in Condition 2 of this development consent. The Water Quality Targets as detailed within the report and Hornsby Shire Councils DCP are to be achieved in the design and supported by a MUSIC model.

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

45. 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.

46. Damage to Council Assets

47. 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 systems, water quality 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 is to be clearly indicated on the title;

b) To register the restriction on the use of land “works-as-executed” details of the on-site-detention system and water quality treatment system must be submitted verifying that the required storage and discharge rates 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.

48. Works as Executed Plan

49. Preservation of Survey Marks

50. Construction of Engineering Works

51. 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.

52. 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.

53. Completion of Landscaping

a) Planting of 2 additional trees selected from the Council’s Indigenous species listing located in the Hornsby Shire DCP Tree Preservation Measures 1B.6 Table 1B.6(b) such as Angophora costata, Angophora floribunda, Banksia integrifolia;

b) The pot size of the replacement trees must be a minimum 25 litres and replacement trees must be maintained until they reach the height of 3 metres;

c) All replacement tree planting within the site must reach a mature height greater than 10 metres;

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

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

f) 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.

54. Retaining Walls

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

55. Boundary Fencing

Boundary fencing should be installed as per the following requirements:

a) Fencing along the front courtyards must have a minimum setback of 2.5m from the front boundary and have a maximum height of 1.2m. The design of the fencing is to be in accordance with the approved plans listed in Condition 2 of this development consent;

b) Fencing for all courtyards internally located within the site must have a maximum height of 1.2m;

c) The fencing along the rear boundary (between the site and Asquith Park) be 1.8m high solid timber lapped and capped fence with one common gate providing access on the northern side as per the approved DA1 – C Landscape Concept Plan prepared by Vision Dynamics, dated 23/07/2016.

d) Fencing must be erected along the northern and southern boundaries behind the front building line to a height of 1.8m.

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

56. 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) The parking and driveway areas to be accessed by the garbage truck must comply with the requirements of AS2890.2 – 2002 for SRV;

Note: Encroachments of the small rigid vehicle turning path and low speed manoeuvring clearance (300 mm both sides) into parking spaces must not occur.

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

d) A certificate from an appropriately licensed contractor must 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;

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

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

g) Two 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;

h) Three 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;

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

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

57. 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.

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.

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 dwelling 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) “No parking” signs must be erected to prohibit parking in the waste collection loading bay and turning area;

g) 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;

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

60. Final Certification – Tree Protection

61. Final Certification – Acoustics

Following the final inspection a qualified Acoustic Consultant must provide certification that the building has been constructed in accordance with the requirements of the Department of Planning’s Development Near Rail Corridors and Busy Roads – Interim Guideline and RailCorp’s Interim Guidelines for Applicants.

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 are is to be constructed of safety rated glass to enable residents a clear line of site before entering or exiting the dwellings;

c) Lighting is to be provided to pathways, building 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 dwelling door; and

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

OPERATIONAL CONDITIONS

63. Noise

64. Fire Safety Statement - Annual

65. Landscape Establishment

66. Car Parking/Sight Lines and Deliveries

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.

CONDITIONS OF CONCURRENCE – ROADS AND MARITIME SERVICES

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

68. All buildings or structures, together with any improvements integral to the future use of the site, shall be clear of the Pacific Highway, road reserve (unlimited in height and depth).

69. Any redundant vehicular crossings on Pacific Highway are to be removed and replaced with kerb and gutter to match existing.

70. The design and construction of the gutter crossing on Pacific Highway shall be in accordance Roads and Maritime requirements. Details of these requirements should be obtained from Roads and Maritime Project Services Manager, Traffic Project Section, Parramatta (telephone 8849 2138).

Detailed design plans of the proposed gutter crossing are to be submitted to Roads and Maritime for approval prior to the issue of a Construction Certificate and commencement of any road works.

A plan check fee (amount to be advised) and lodgement of a performance bond may be required from the applicant prior to the release of the approved road design plans by Roads and Maritime.

71. Detailed design plans and hydraulic calculations of any charges are to the stormwater drainage system are to be submitted to Roads and Maritime for approval, prior to the commencement of works.

Details should be forward to:

The Sydney Asset Management

Roads and Maritime Services

PO BOX 973 Parramatta CBD 2124

A plan checking fee will be payable and a performance bond may be required before Roads and Maritime approval is issued. With regard to the Civil Works requirement please contact the Roads and Maritime Project Engineer, External Works Ph: 8849 2114.

72. All vehicles are to enter and leave the site in a forward direction.

73. A Road Occupancy Licence should be obtained from Roads and Maritime for any works that may impact on traffic flows on the Pacific Highway during construction activities. A construction zone will not be permitted on Pacific highway.

74. The developer is to submit design drawings and documents relating to the excavation of the site and support structures to Roads and Maritime for assessment, in accordance with Technical Direction GTD2012/001.

The developer is to submit all documentation at least six (6) weeks prior to commencement of construction and is to meet the full cost of the assessment by Roads and Maritime.

The report and any enquired should be forwarded to:

Project Engineer, External Works

Sydney Asset Management

Roads and maritime Services

PO Box 973 Parramatta CBD 2124.

Telephone 8849 2114

If it is necessary to excavated below the level of the base of the footings of the adjoining roadworks, the person acting on the consent shall ensure that the owner/s of the roadway is/are given at least seven (7) days’ notice of the intention to excavate below the base of the footings. The notice is to include complete details of the work.

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

76. The proposed development should be designed such that road noise from Pacific Highway is mitigated by durable materials in order to satisfy the requirements for habitable rooms under Clause 102(3) of State Environmental Planning Policy (Infrastructure) 2007.

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

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

Tree and Vegetation Preservation

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

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

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

Disability Discrimination Act

Covenants

Dial Before You Dig

Telecommunications Act 1997 (Commonwealth)

Asbestos Warning

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

Group Manager’s Report No. PL62/16

Planning Division

Date of Meeting: 10/08/2016

8 DEVELOPMENT APPLICATION - SUBDIVISION OF ONE ALLOTMENT INTO TWO AND CONSTRUCTION OF A DWELLING HOUSE - 9 SUMMERHAZE PLACE, HORNSBY HEIGHTS

EXECUTIVE SUMMARY

DA No:	DA/1507/2015 (Lodged 17/11/2015)
Description:	Torrens Title subdivision of one allotment into two lots and construction of a dwelling house
Property:	Lot 32 DP 813213, No. 9 Summerhaze Place, Hornsby Heights
Applicant:	The Ecologie Group Pty Ltd
Owner:	Mr John Dillon and Mrs Valerie Dillon
Estimated Value:	$460,000

· The application involves Torrens Title subdivision of one allotment into two and construction of a two storey dwelling house.

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

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

· The proposal is integrated development. General Terms of Approval have been received from the NSW Rural Fire Service.

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/1507/2015 for Torrens Title subdivision of one allotment into two lots and construction of a two storey dwelling house at Lot 32 DP 813213, No. 9 Summerhaze Place, Hornsby Heights be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL62/16.

BACKGROUND

On 3 March 2010, Council approved DA/787/2009 for the subdivision of two allotments into three lots and construction of a dwelling. The approved development is substantially the same as the current development proposal. There has been no physical commencement of works on the site within the five year statutory period and the consent has therefore lapsed.

SITE

The 1366m² site is located on the southern side of Summerhaze Place, Hornsby Heights and contains a dwelling house.

The site is steeply sloping with an average gradient of 33% and falls towards the western boundary of the site.

The site is located within bushfire prone area.

Surrounding development comprises a mixture of single and two storey dwellings on various sized allotments.

PROPOSAL

The application proposes Torrens Title subdivision of one allotment into two lots and construction of a two storey dwelling house.

· Proposed Lot 1 – 504.5m2

· Proposed Lot 2 – 861.5m2

The proposed dwelling would be located on proposed Lot 1. The dwelling house would consist of a living room, dining, kitchen, laundry, bathroom, three bedrooms, ensuite, alfresco, balcony and front deck on the ground floor.

The lower ground floor would consist of a double garage, games room, bathroom, wet-bar, front porch and side courtyard.

Proposed Lot 2 would contain the existing two storey dwelling house and ancillary outbuildings.

As the application proposes construction of a dwelling house on the proposed Lot 1, conditions of consent have been staged in two construction stages. Stage 1 – subdivision works and stage 2 – construction of a dwelling house.

The proposed development differs from DA/787/2009 in a number of minor respects, namely the inclusion of the ground floor games room, width of garage increased, relocation of the pedestrian entrance to the western side, reduced front setback, roof pitch, internal changes and allotment size.

Five trees would be removed or impacted by the development.

ASSESSMENT

1. STRATEGIC CONTEXT

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

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

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

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

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

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

The proposed development is defined as ‘subdivision’ and ‘dwelling house’ and is permissible in the zone with Council’s consent.

2.1.2 Height of Buildings

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

2.1.3 Heritage Conservation

2.1.4 Earthworks

Council has received seven submissions raising concerns with respect to topography, landslip concerns, excavation and suitability of the site for the proposed development. The site has a steep topography including sandstone rock ledge and outcrops. A geotechnical report has been submitted for the site. It is noted that the submitted geotechnical report is dated 1994 (which was submitted with the previous DA on site). Notwithstanding the site has not significantly changed over the years and the report determined that the site is affected by a very low risk slope instability.

The proposal involves rock excavation works for the proposed dwelling and driveway. Accordingly, to minimise impacts of the landform and to address potential impacts on adjoining properties, conditions are recommended including preparation of a dilapidation report, footing designed by a structural engineer and a management plan prepared for the sandstone excavation work to retain landscape features, protect adjoining properties and reuse extracted sandstone for retaining walls in construction of the development.

2.2 SEPP (Building Sustainability index: BASIX) 2004

The application has provided a BASIX Certificate indicating compliance with the SEPP (Building Sustainability Index: BASIX) 2004. A condition of consent requires fulfilment of the BASIX commitments. Subject to conditions, the proposal would be consistent with the objectives of the Policy.

2.3 State Environmental Planning Policy No. 55 (Remediation of Land)

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

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

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

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

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

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

The proposed dwelling house may not be approved as Complying Development, as the subject site is located in bush fire prone with Bushfire Attack Level (BAL-40). This rating precludes the application from being assessed as Complying Development. The proposal also includes cut and fill that exceeds the complying development requirement of 600mm.

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

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

2.7 Hornsby Development Control Plan 2013

HDCP – Part 3 Residential and Part 6 Subdivision
Control	Proposal	Requirement	Complies
Allotment Size
- Lot 1	504.5m²	500m²	Yes
- Lot 2	861.5m²	500m²	Yes
Lot 1 – Proposed Dwelling
Building height	7.1m	8.5m	Yes
No. storeys	2 storey	max. 2 + attic	Yes
Site Coverage	40%	50%	Yes
Floor Area	245.9m²	330m²	Yes
Setbacks
- Front	5.8m	6m	No
- Side (east) -
Ground Floor	3.4m	0.9m	Yes
First Floor	1.5m	1.5m	Yes
- Side (west)
Ground Floor	1.5m	0.9m	Yes
First Floor	1.5m	1.5m	Yes
- Rear
Ground floor	3m	3m	Yes
First ground	3m	8m	No
Landscaped Area (% of lot size)	>20%	20%	Yes
Private Open Space
- Minimum area	24m²	24m²	Yes
- Minimum dimension	3m	3m	Yes
Car Parking	2 spaces	2 spaces	Yes
Lot 2 – Existing Dwelling
Building height	existing	8.5m	N/A
No. storeys	2 storey – existing	max. 2 + attic	Yes
Site Coverage	16.5%	50%	Yes
Floor Area	284m²	380m²	Yes
Setbacks
- Front	11.2m	6m	Yes
- Side (east) -
Ground Floor	3.2m (existing)	0.9m	Yes
First Floor	3.2m (existing)	1.5m	Yes
- Side (west)
Ground Floor	1m	0.9m	Yes
First Floor	1m	1.5m	No
- Rear
Ground floor	8.2m	3m	Yes
First Floor	8.2m	8m	Yes
Landscaped Area (% of lot size)	>20%	20%	Yes
Private Open Space
- Minimum area	24m²	24m²	Yes
- Minimum dimension	3m	3m	Yes
Car Parking	2 spaces	2 spaces	Yes

As detailed in the above table, the proposed development does not comply with prescriptive requirements of setbacks within the HDCP. The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant desired outcomes.

2.7.1 Allotment Size

Council has received one submission raising concerns with respect to lot size and lot shape. The proposal complies with the minimum allotment sizes for the subdivision of land. The HLEP minimum lot size map prescribes a minimum lot size of 500m2 for the land. The proposed lots meet the 500m2 requirement. The proposed subdivision pattern is not regular. However, it generally complies with the prescriptive measures of Part 6.2 Urban Subdivision and Part 3.1 Dwelling house within HDCP and is similar in size and shape to the previous development application approved on this site.

2.7.2 Scale

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

The 7.1 metre building height for the proposed dwelling complies with the 8.5 metre prescriptive measure.

The 245.9m² maximum floor area of the proposed dwelling complies with the 330m² prescriptive measure in relation to the 504.5m² allotment size.

The 40% site coverage of the proposed dwelling complies with the 50% prescriptive measure.

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

2.7.3 Setbacks

Council has received two submissions raising concerns with respect to setbacks. One of the submission states that the site is burdened with a covenant within the 88B instrument which restricts any building within the 7.6m front setback.

This restriction was placed on the property when the subdivision was registered in 1991. Notwithstanding, the Hornsby Local Environmental Plan 2013 includes a provision under clause 1.9A that suspends covenants and restrictions that would otherwise restrict the carrying out of development under this plan.

The proposed dwelling on Lot 1 has a front setback of 5.8 metres and does not comply with the 6 metre requirement. However, this encroachment is in the form of a front deck on the first floor level. The minor non-compliance would not have a detrimental impact on the adjoining property or the streetscape and does not warrant refusal of the application.

The proposed dwelling on Lot 1 has a rear setback of 3 metres on the first floor level and does not comply with the 8 metre requirement for the two storey element. Notwithstanding the site is constrained and the rear elevation on the first floor level only consists of one small window off a bedroom. Given that this room is not considered as an active room and the size of the window would not provide overlooking into the rear property at No. 7 Summerhaze Place, the reduced setback is considered acceptable.

The existing dwelling house on proposed Lot 2 has a western side setback on the first floor of 1 metre which does not comply with the 1.5 metre requirement. This non-compliance is for a small section of the dwelling house and would not have a detrimental impact on the adjoining property or the streetscape.

The proposal meets the desired outcome of the 3.1.2 Setbacks and is considered acceptable.

2.7.4 Privacy

Six submissions have been received raising concerns with respect to privacy impacts from the proposed development. One of these objections also requests a privacy screen on the southern and western elevations.

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

The proposed ground floor (lower ground) courtyard does not comply with the prescriptive measures of the Privacy element which states that “a deck, balcony, terrace or the like should be located within 600mm of existing ground level where possible to minimise potential visual and acoustic privacy conflicts” and “decks and the like that need to be located more than 600mm above existing ground should not face a window of another habitable room, balcony or private open space of another dwelling located within 9 metres of the proposed deck unless appropriately screened”.

The courtyard would be elevated a maximum of 1.1 metres above the ground and would be orientated towards the adjoining properties at Nos. 1, 3 Cottonwood Way and No. 7 Summerhaze Place and overlook the private open spaces. Therefore, a condition of consent is recommended for a privacy screen on the southern and western elevations to minimise any overlooking into Nos. 1, 3 Cottonwood Way and No. 7 Summerhaze Place.

The proposed first floor (ground floor) living room, dining, kitchen does not comply with the prescriptive measures of the Privacy element which states “living and entertaining areas of dwelling houses should be located on the ground floor and oriented towards the private open space of the dwelling house and not side boundaries”. However, all the windows to these rooms are orientated towards the front and eastern side boundary. The rooms would only overlook the front yards and driveways of the adjoining properties and rock outcrops on the eastern boundary. Therefore the proposal would not have a detrimental impact on the adjoining property.

Furthermore, the first floor (ground floor) balcony and alfresco incorporate adjustable louvers on the western elevation which would screen any direct line of sight to the adjoining properties at No. 1 and 3 Cottonwood Way. A condition of consent is recommended to require a privacy screen on the balcony and alfresco on the western elevation of the dwelling. It is also noted that similar a first-floor balcony and alfresco areas were approved by DA/787/2009.

With the privacy measures, the proposal meets the desired outcome of Part 3.1.6 Privacy and is considered acceptable.

2.7.5 Private Open Space

Three submissions raise concerns with respect to private open space of the proposed dwelling. The proposed private open space complies with the minimum area of 24m² required under Part 3.1.4 of the HDCP. The submissions also raise concerns in relation to the location of the private open space for the proposed dwelling. Whilst the HDCP states that the private open space should be located behind the front building line, it also states that private open space should be directly accessible from the living area of the dwelling. The location of the proposed private open space would provide direct access from the living area of the dwelling and is located to receive sunlight access. Accordingly the proposed private open space is considered acceptable.

2.7.6 Solar Access

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

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

Council has received five submissions raising concerns with respect to overshadowing impacts from the proposed development.

The applicant has submitted shadow diagrams demonstrating compliance with the prescriptive measures where at least 50% (12m²) of the private open space of the subject site and the adjoining properties would receive 3 hours of unobstructed sunlight between 9am and 3pm on 21 June. The living area windows of the adjoining property at No.1 Cottonwood Way are not orientated towards the subject site. Council’s assessment concludes that the proposal complies with the prescriptive measures of Part 3.1.5 Sunlight Access and is acceptable.

2.7.7 Landscaping

Council has received one submission raising concerns with respect to landscaping. The proposed development complies with the prescriptive requirement of 20% for landscaping under the HDCP. The proposal complies with the desired outcome and is considered satisfactory.

2.8 Section 94 Contributions Plans

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

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

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

The application was supported by an Arboricultural Impact Assessment report prepared by Ecologie Group Pty Ltd dated 30 March 2015.

The proposed development would necessitate the removal of 5 trees (numbered 1, 2, 3, 6 and 8) for the construction of the dwelling house and driveway. Of these trees to be removed, trees 1 and 3 are dead. Trees 2 and 8 are Corymbia gummifera - Red Bloodwood and tree 6 is an Angophora costata - Smooth Barked Apple.

Council’s assessment of the Arboricultural Impact Assessment report has determined that the removal of these five trees as part of development can be supported, subject to the remaining trees on the site and adjoining properties being protected during the construction phase and compliance with the submitted landscape plan which specifies that two trees will be planted at the rear of the building. The availability for further replacement tree planting to offset the removal of five trees is restricted by the asset protection zone required by the NSW Rural Fire Service bushfire management objectives.

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

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

3.1.2 Stormwater Management

The proposed development would require an on-site stormwater detention system for the proposed dwelling house which would connect to Council's stormwater system in Summerhaze Place. Subject to conditions, the proposed development would not have an adverse impact on the current stormwater management system and is considered acceptable.

3.2 Built Environment

3.2.1 Built Form

The proposed dwelling complies with the maximum building height and site coverage requirements of the HDCP. The maximum RL (height) of the building would be marginally higher than the previous approved dwelling increasing from RL179.477 to RL171.834. The proposal would also provide sufficient setback from the front boundary, adjoining properties and the streetscape to Summerhaze Place would be maintained.

The design responds to the sloping topography of the site through the one and two storey design of the dwelling. The proposed development would not adversely impact on the character, privacy and amenity of the surrounding built environment and would be consistent with the established character of the area of detached one and two storey dwellings.

The proposal is considered acceptable with respect to the built environment.

3.3 Social Impacts

The proposal would provide additional housing opportunity in the locality.

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

4.1 Bushfire Risk

The land is identified as being subject to bushfire risk from bushland on the neighbouring properties. The application was referred to NSW Rural Fire Service. The NSW Rural Fire Service considered the proposal and has issued general terms of approval with conditions requiring asset protection zones, design and construction measures to withstand the potential impacts of bush fire attack, provision of adequate water services for the protection buildings during and after the passage of a bush fire, and appropriate location of gas and electricity so it does not contribute to the risk of fire to a building.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 12 January 2016 and 14 February 2016, and 25 February 2016 and 11 March 2016 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received 12 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

Twelve submissions from five residents objected to the development, generally on the grounds that the development would result in:

· Unacceptable setbacks;

· Unacceptable lot size;

· Unacceptable overshadowing;

· Loss of Privacy;

· Loss of view;

· Devaluation of adjoining properties;

· Unacceptable cut and fill;

· Development out of character;

· Development that is excessive in bulk and scale;

· Topography/excavation;

· Fauna concerns;

· Pedestrian safety;

· Unacceptable private open space;

· Unacceptable landscaping;

· Unacceptable driveway gradient;

· Unacceptable building materials;

· Unacceptable material storage area;

· Fences;

· Notification sign;

· Inaccurate plans/documentations; and

· Missing Plans.

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

5.1.1 Loss of View

One submission raised concerns with respect to view loss. The submission states that the proposed development would obstruct the valley view of No. 7 Summerhaze Place. The view is not considered to be iconic. Furthermore, the proposed development is well within the building height and floor area requirement within the HDCP.

5.1.2 Devaluation of Properties

One submission raises concerns with respect to devaluation of properties. Devaluation of properties is not a matter for consideration under Section 79C of the Environmental Planning and Assessment Act 1979.

5.1.3 Unacceptable Cut and Fill

Council has received three submissions raising concerns with respect to the proposed retaining wall heights as a result of the proposed cut and fill for the development. The proposed cut and fill exceeds the 1 metre requirement with a maximum cut of 1.5 metres and a maximum fill of 2.1 metres. It is also noted that the proposal incorporates pole construction to reduce the amount of fill on the western elevation. Notwithstanding, the site is constrained due to its topography therefore, such amount of cut and fill is unavoidable.

To minimise impacts of the landform and to address potential impacts on adjoining properties, conditions are recommended including preparation of a dilapidation report, footings designed by a structural engineer and a management plan prepared for the sandstone excavation work to retain landscape features, protect adjoining properties and reuse extracted sandstone for retaining walls in construction of the development.

5.1.4 Development Out of Character

Council has received three submissions raising concerns that the proposed development is out of character. The proposed development generally complies with the requirements of the HDCP including scale, setbacks, open space, landscaping and design details and would blend with the surrounding environment and streetscape. The proposed dwelling is consistent with other two-storey and split-level dwelling houses in the immediate locality built on steeply sloping sites.

5.1.5 Topography/Excavation

5.1.6 Fauna Concerns

Two submissions raise concerns with respect to loss of fauna and a request that ‘a fat tailed gecko to be collected prior to construction’. A Flora and Fauna Assessment prepared by Clarke Dowdle and Associates Pty Ltd dated October 2009 was prepared and considered in the assessment of the previously approved application (DA/787/2209) for a similar development. The Flora and Fauna report is only 6 years old and did not raise any concerns with respect to fauna impacts on the subject site from the proposed development. The fat tailed gecko is not an endangered species and Council’s assessment concludes that there would not be any detrimental fauna impact from the proposal development and such request is considered unreasonable.

5.1.7 Pedestrian Safety

Council has received one submission raising concerns with respect to pedestrian safety from reversing vehicles from the driveway. Summerhaze Place is a quiet street with very limited pedestrian traffic. A condition of consent is recommended that vehicular access is to be design in accordance with Australian Standard to minimise any risks to pedestrians from vehicles reversing onto the street.

5.1.7.1 Unacceptable Driveway Gradient

Council has received three submissions raising concerns with respect to the driveway gradient. Council requested for an engineering longitudinal section of the driveway during the assessment. Council’s assessment concluded the driveway was satisfactory subject to appropriate conditions of consent being recommended that the driveway be designed and constructed in accordance with the Australian Standards 2890.1.

5.1.8 Unacceptable Building Materials

Council has received three submissions raising concerns with the proposed building material. The submission states that the site is burdened with a covenant within the 88B instrument which restricts the building material.

This restriction was placed on when the subdivision was registered in 1991. The Hornsby Local Environmental Plan 2013 includes a provision under clause 1.9A that suspends covenants and restrictions that would otherwise restrict the carrying out of development under this plan. The Hornsby Development Control Plan does not apply restrictions on building material on any new development in this area except where a site is heritage listed. It would be unreasonable for Council to restrict building material for the proposed development.

The dwelling proposes dark toned colorbond roof and garage door, white and grey coloured rendered walls, aluminium window and door frames and steel louvres and posts. The proposed development would not detract from the existing streetscape. Therefore, the proposed development meets the objectives of the design element and is considered acceptable.

5.1.9 Unacceptable Material Storage Area

One submission raises concerns with the location of the material storage area as it may potentially enter into No. 1 Cottonwood Way. The Construction Management Plan indicates that there would be sediment control fencing along the western boundary of the property to stop any material runoff to the adjoining properties including No. 1 Cottonwood Way.

5.1.10 Fences

Council has received one submission raising concerns with respect to boundary fences.

The submission states that the site is burdened with a covenant within the 88B instrument which restricts the boundary fence. The restriction refers to no fence erected on the common boundary of lots with rights of way. The proposed subdivision does not propose any new fencing along the right of way and would not alter the existing rights of way for the surrounding lots.

5.1.11 Notification Sign

Three submissions raise concerns that no notification sign was displayed on the site during the first notification period. The application was renotified for an additional 2 weeks and the applicant submitted photo evidence of the yellow notification sign erected on the property.

5.1.12 Inaccurate Plans/Documentations

Council received five submissions raising concerns with respect to inaccurate plans/documents. The initial plans/documentations with the application had some discrepancies. Accordingly, Council requested amended plans and documentation with accurate details.

5.1.13 Missing Plans

Three submissions raise concerns with respect missing plans (including floor plans, landscape plan and shadow diagrams). The submitted application includes all these plans, however the floor plans and landscape plan which has floor layout is not available for public access on the Council DA tracking system due to Council’s privacy policy.

5.2 Public Agencies

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

5.2.1 Rural Fire Service

The development application is Integrated Development under the Act. Accordingly, the application was referred to the NSW Rural Fire Service for comment. The NSW Rural Fire Service has issued general terms of approval with conditions requiring asset protection zones, design and construction measures to withstand the potential impacts of bush fire attack, provision of adequate services of water for the protection buildings during and after the passage of a bush fire, and appropriate location of gas and electricity so it does not contribute to the risk of fire to a building.

6. THE PUBLIC INTEREST

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

CONCLUSION

The proposed development is for subdivision of one allotment into two and construction of a dwelling house. The proposed development is similar to a previous development approved on the site that has since lapsed.

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

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

The application is recommended for approval.

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

1.View	Locality Map
2.View	Floor Plans
3.View	Subdivision Plan
4.View	Site Plan
5.View	Stormwater Concept Plan
6.View	Elevations and Sections
7.View	Landscape Plan

File Reference: DA/1507/2015

Document Number: D07006195

SCHEDULE 1

CONDITIONS APPLICABLE TO BOTH STAGE 1 AND STAGE 2

GENERAL CONDITIONS

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

1. Approved Plans and Supporting Documentation

Approved Plans

Plan No.	Drawn by	Dated
1601-DA-02 – proposed Subdivision – Rev B	Ecologie group architects	Mar 2016
1601-DA-05 – Site Plan & Roof Plan – Rev B	Ecologie group architects	Mar 2016
1601-DA-08 – North & South Elevation – Rev B	Ecologie group architects	Mar 2016
1601-DA-09 – East & West Elevation – Rev B	Ecologie group architects	Mar 2016
1601-DA-10 – Section AA – Rev B	Ecologie group architects	Mar 2016
1601-DA-11 – Section BB – Rev B	Ecologie group architects	Mar 2016
1601-DA-13 – Stormwater Concept Plan – Rev B	Ecologie group architects	Mar 2016
1601-DA-14 – Construction Management Plan – Rev B	Ecologie group architects	Mar 2016
1601-DA-19 – Driveway Section – Rev B	Ecologie group architects	Mar 2016
1601-DA-12 – Landscape Concept Plan – Rev B	Ecologie group architects	Mar 2016
1601-DA-06 – Ground Floor Plan – Rev B	Ecologie group architects	Mar 2016
1601-DA-07 – Lower Ground Floor – Rev B	Ecologie group architects	Mar 2016

Supporting Documents:

Document Title	Prepared by	Dated
Waste Management Report	Ecologie group architects	Nov 2015
Materials & Colour Schedule	-	Nov 2015
BASIX Certificate 592515S	Ecologie group architects	4 November 2015
Arboricultural Impact Report	Guy Paroissien – Landscape Matrix Pty Ltd	30 March 2015
Bushfire Hazard Assessment Report	Building Code & Bushfire Hazard Solutions Pty Limited	28 October 2015
Statement of Environmental Effects	The Ecologie Group Pty Ltd	November 2015

2. Project Arborist

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

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

3. Removal of Existing Trees

a) This development consent permits the removal of five trees numbered 1, 2, 3, 6 and 8 as identified on plan number 1601-DA-12 - Landscape Plan - Rev B prepared by Ecologie group architects, dated Mar 2016.

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

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 (4)
Roads	$3,064.95
Open Space and Recreation	$9,263.60
Community Facilities	$7,667.30
Plan Preparation and Administration	$4.15
TOTAL	$20,000.00

being for one additional lot.

b) The value of this contribution is current as at 8 July 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.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

7. 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.

8. 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.

9. Tree Protection Requirements

The Project Arborist must oversee the installation and provide certification for all tree protection measures as specified in this consent and in accordance with Australian Standard AS 4970-2009 Section 4.

a) Tree protection fencing must be installed around trees numbered 5, 7, 9 and 10 at the distances determined by AS 4970-2009 (Clause 3.2).

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

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

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

10. Erosion and Sediment Control

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

REQUIREMENTS DURING CONSTRUCTION

11. Construction Work Hours

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

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

12. Works within Tree Protection Zones (TPZ)

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

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

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

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

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

f) Where works are undertaken within the Tree Protection Zone of a tree the Project Arborist must assess the condition of tree at regular intervals and make recommendations for, and carry out remedial actions where there is evidence of:

i) A general decline in health and vigour;

ii) Damaged, crushed or dying roots;

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

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

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

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

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

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

g) The Project Arborist must provide to the Principal Certifying Authority certification for the monitoring and maintenance of Tree Protection Zones and documentation of the methods used to preserve the trees during construction.

13. Council Property

14. 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.

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.

15. Final Certification

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

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

16. Damage to Council Assets

GENERAL TERMS OF APPROVAL – NSW RURAL FIRE SERVICES

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

Asset Protection Zones

17. At the issue of subdivision certificate and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

18. For asset protection zones (APZ) on slopes greater than 18 degrees, the property shall be landscaped or managed (e.g. terracing) with suitable access being provided to the APZ to ensure the ongoing maintenance of the area. Details of landscaping plans are to be submitted for approval to Council/or the principal certifier with the construction certificate.

Water and Utilities

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

Design and Construction

20. A minimum 1.8 metres high radiant heat shield made of non-combustible materials shall be constructed along the southern boundary adjacent to the hazard. All posts and rails shall be constructed of steel. The bottom of the fence is to be in direct contact with the finished ground level or plinth.

21. The western and southern elevations, and all new roof structures, of the proposed dwelling on lot 1 shall comply with Sections 3 and 8 (BAL 40) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

22. The northern and eastern elevations of the proposed dwelling on lot 1 shall comply with section 3 and section 7 (BAL 29) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire-prone areas’ and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection' 2006’.

CONDITIONS APPLICABLE TO STAGE 1 – SUBDIVISION

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

23. Utility Services

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

a) Ausgrid – 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.

24. 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 at the Applicant’s cost:

a) In order to provide access to the proposed vacant lot, Council’s standard layback and gutter dish to be constructed in the line of kerb to suit the proposed Crossing and driveway location for the proposed dwelling’s crossing with appropriate splays;

b) Where an existing Council kerb inlet and pit is impacted by a layback work, the grate and kerb inlet shall be removed, and replaced with a standard galvanised single leaf 900 mm grate;

c) Council’s removed kerb inlet pit if applicable shall be reconstructed on the existing street pipe alignment using a standard 1.8m extended kerb inlet pit and 900 mm grate;

d) The existing road pavement to be saw cut a minimum of 300 mm from the existing edge of bitumen. All impacted or damaged Council road assets are to be reconstructed and made good. Services shall be relocated as required per the requirements of the appropriate Utility;

e) Pursuant to Section 138 Roads Act 1993, a separate Construction Certificate Application shall be made to Council’s Planning Division as the Roads Authority for these works. The Application shall be submitted with construction plans and payment of Council’s quoted fees for assessment and compliance inspections.

25. 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.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

26. Erosion and Sediment Control

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

REQUIREMENTS DURING CONSTRUCTION

27. Council Property

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

28. 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.

29. Works as Executed Plan

As applicable, a works-as-executed plan must be prepared by a Registered Surveyor and submitted to Council for completed public drainage systems.

30. 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 a “Positive Covenant” over the proposed vacant Lot requiring that any future development is to provide an on-site detention system. The on-site detention system is to have a storage capacity of 5 cubic metres and a maximum discharge of 8 litres per second into Council’s drainage system in accordance with Council’s prescribed wording;

b) The creation of a Positive Covenant over proposed Lots requiring the foundations of any structure on the land be designed by a Chartered Structural Engineer, using terms available from Council.

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

CONDITIONS APPLICABLE TO STAGE 2 – CONSTRUCTION OF A DWELLING HOUSE

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

31. Works Management Plan

An excavation works management plan, prepared by a qualified geotechnical engineer, must be submitted to the principal certifying authority for the site of the proposed dwelling house, that addresses the following:-

a) Protection of existing landform to retain the rock shelf on the eastern side of Lot 1;

b) Reuse of excavated sandstone on-site for landscaping and retaining walls;

c) Protection of adjoining properties; and

d) Methodology to stabilize rock boulders.

32. Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of all adjoining properties – Nos.1, 3 Cottonwood Way and 7 Summerhaze Place, Hornsby Heights.

a) 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.

33. 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.

34. 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.

35. 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.

36. On Site Stormwater Detention

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

a) Have a capacity of not less than 5 cubic metres, and a maximum discharge (when full) of 8 litres per second;

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

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

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

37. Foundation Design

Foundations for the dwelling must be designed by a suitably qualified civil or structural Engineer, with the Engineer’s plans submitted for consideration with the Construction Certificate.

38. Internal Driveway/Vehicular Areas

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

a) Design levels at the front boundary shall be obtained from Council via a separate application to Council’s Infrastructure and Recreation Division for Crossing Levels.

b) Design levels at the front boundary obtained from Council shall be used in the preparation of the design of the driveway longitudinal section.

c) The driveway be a rigid pavement.

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

e) The driveway pavement be a minimum 3 metres wide, 0.15 metres thick reinforced concrete with SL72 steel reinforcing fabric on a firm sub-base.

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

g) The provision of safety rails/walls where there is a level difference more than 0.3 metres and a 1:4 batter cannot be achieved. To protect the rail or wall, a 150 mm high kerb shall be provided a distance of 300 mm from each rail or wall.

h) Construction of pedestrian access designed to help prevent slip and fall shall be designed and constructed with the driveway. Pedestrian grades steeper than 12.5% shall be provided with surface texturing, brushing or cleats to satisfy Class V: R11 ramps in accordance with AS 4586-2004 Clause 5.2.

39. 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 any 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 and Council’s standard 80 mm concrete footpath;

REQUIREMENTS DURING CONSTRUCTION

40. Environmental Management

41. Landfill

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

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

c) These certificates must be included with the application for an occupation certificate.

42. Excavated Material

43. Survey Report

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

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

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

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

44. Council Property

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.

45. Fulfilment of BASIX Commitments

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

46. Retaining Walls

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

47. Installation of Privacy Devices

To establish and maintain a reasonable level of privacy for the adjoining premises at No. 1, 3 Cottonwood Way and No. 7 Summerhaze Place:

a) A 1.7-2.2 metre high privacy screen must be erected along the southern and western elevations (as marked in red) of the courtyard on the lower ground floor plan to minimise a direct line of sight to the adjacent property.

b) The proposed screen on the ground floor balcony and alfresco must have no individual openings more than 30mm wide and have a total of all openings less than 30% of the surface area of the screen.

48. Creation of Easements

The following matter(s) must be nominated on Title under s88E of the Conveyancing Act, 1919:

a) The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention/retention systems and outlet works, within the lots in favour of Council in accordance with Council’s prescribed wording. The position of the on-site detention system is to be clearly identified on the title, using the Surveyor’s sketch prepared by the Registered Surveyor;

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

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

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

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

Long Service Levy

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

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

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

Tree and Vegetation Preservation

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

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

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

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

Dial Before You Dig

Asbestos Warning

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

Works within Public Roads

All internal vehicular accessways and drainage invert levels must match existing levels in the public domain. Before preparing construction plans for these works, please acquire information through detail surveys and a separate Application for Crossing Levels to Council’s Crossing Engineer in the Infrastructure and Recreation Division. You are advised to contact the Crossing Engineer by telephone on 9847 6760 for additional details.

Fees and Charges – Subdivision

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

Telecommunications Act 1997 (Commonwealth)

House Numbering

The house numbering for this subdivision shall be:

Lot	Street Number	Street Name	Street Type	Locality
Lot 1	9A	Summerhaze Place	Local	Hornsby Heights
Lot 2	9	Summerhaze Place	Local	Hornsby Heights

Group Manager’s Report No. PL58/16

Planning Division

Date of Meeting: 10/08/2016

9 FURTHER REPORT - DEVELOPMENT APPLICATION - SUBDIVISION TWO LOTS INTO EIGHT LOTS - NOS. 75-77 BELLAMY STREET, PENNANT HILLS

EXECUTIVE SUMMARY

DA No:	DA/963/2015 (Lodged on 5 August 2015)
Description:	Subdivision of two allotments into eight lots – Community Title
Property:	Lot 22 DP 841114, Lot B DP 411312, Nos. 75-77 Bellamy Street, Pennant Hills
Applicant:	Icepine Pty Ltd
Owner:	Icepine Pty Ltd
Estimated Value:	$400,000

· The application involves demolition of existing structures and community title subdivision of two allotments into eight lots.

· At its meeting on 13 April 2016, Council deferred the application for an onsite meeting to determine the impacts of the proposal on neighbouring properties. At the on-site meeting on 5 May 2016, Councillors requested consideration of a stormwater drainage easement and measures to address amenity impacts on adjoining residents.

· The proposal generally complies with Hornsby Local Environmental Plan 2013 and would meet the desired outcomes of Hornsby Development Control Plan 2013. The site is partially within a bushfire prone area. NSW Rural Fire Service approval for a bushfire safety authority has been granted for the proposed subdivision.

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

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

· It is recommended that the application be approved as a deferred consent commencement for the creation of a drainage easement for upstream properties.

RECOMMENDATION

THAT Development Application No. DA/963/2015 for demolition of existing structures and community title subdivision of two allotments into eight lots at Lot 22 DP 841114 and Lot B DP 411312, Nos. 75-77 Bellamy Street, Pennant Hills be approved as a deferred commencement pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979 subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL58/16.

BACKGROUND

On 19 May 1999, Council refused DA/358/1998 for subdivision of three allotments into eight. The proposed subdivision included No. 12 Jackson Crescent and the subject land. The appeal against Council’s refusal of the application was dismissed in the Land and Environment Court on grounds of unsatisfactory lot layout (Proceedings No. 10897 of 1998).

On 2 April 2003, Council refused DA/1083/2002 for demolition of two existing dwellings and erection of a multi-unit housing development comprising eight dwellings and community title subdivision of the subject land. Council refused the application generally on grounds that the proposed dwelling density did not meet the objectives of a low density residential environment.

On 17 September 2014, the applicant attended a Pre DA Meeting (PL/112/2014) for the proposed subdivision of two allotments into eight community title lots. At the meeting the applicant was requested to address lot design, landscape screening of adjoining properties, accessway design, flood design and integrated development requirements.

On 13 April 2016, Council considered Group Manager’s Report No. PL10/16 and resolved as follows:

THAT consideration of Development Application No. DA/963/2015 for demolition of existing structures and community title subdivision of two allotments into eight lots at Lot 22 DP 841114, Lot B DP 411312 Nos. 75-77 Bellamy Street, Pennant Hills be deferred to allow for an onsite meeting involving available Councillors, the applicant and affected residents as needed to better observe and understand the impacts of the proposed subdivision on the environment, traffic and safety issues and impacts on neighbouring properties.

On 5 May 2016, an on-site meeting was held, attended by available Councillors, the applicant’s representative, neighbouring residents and Council officers. Following discussion regarding the proposal with residents, Councillors inspected the site and requested additional matters be addressed for Council’s further consideration.

This report amends Group Manager’s Report No. PL10/16 to include discussion concerning the additional matters discussed as follows:

· A stormwater drainage easement to benefit the Thorn Street properties that adjoin the western boundary of the site (Refer to Section 2.8.5);

· The provision of privacy screening along the southern boundary of Lot 2 comprising landscaping and 300mm of lattice above a 1.8m high fence (Refer to Section 5.1.2);

· Underground power to replace existing power poles (Refer to Section 5.2);

· Privacy screening along the northern site boundary comprising 1.8m high fencing with 300mm lattice (Refer to Section 5.1.2); and

· A contribution to the owner of No. 87 Bellamy Street for landscape screening along the boundary with the site. (Refer to Section 5.1.2).

SITE

The site is located on the western side of Bellamy Street, 90 metres north of the intersection with Stevens Street.

The irregular shaped site has an area of 4,398m² and comprises two existing battle-axe lots with a combined 11.4m wide x 50m long handle off the western side of Bellamy Street. The site includes two existing dwelling houses with a shared driveway. The house at No. 77 Bellamy Street is derelict. The houses include extensive paved areas. A minor watercourse flows south to north under the driveway via a concrete bridge and through the frontage of adjoining properties fronting Bellamy Street. The watercourse is a tributary of Berowra Creek.

The site benefits from easements over adjoining property No. 73 Bellamy Street for services. A Sydney Water sewer main crosses the shared driveway following the line of the watercourse.

The site has an average fall of 13% to the eastern boundary. The site has a north easterly aspect. The topography is sloping with exposed ground sandstone areas and an uneven eroded gully area in the northern part of the site. The eastern boundary adjoins four dwelling houses with frontage to Bellamy Street. The eastern boundary is unfenced. The adjoining dwelling houses are sited below the level of the subject site and include retaining walls along the boundary which are screened by the existing vegetation on the site.

The northern boundary adjoins an older style dwelling house on a battle-axe lot off Bellamy Street and two dwelling houses fronting Jackson Crescent. The western boundary adjoins four dwelling houses on battle-axe lots off Thorn Street. The southern boundary adjoins three dwelling houses with frontage to Bellamy Street and includes a battle-axe lot.

The Bellamy Street frontage includes remnant trees identified as Blackbutt Gully Forest. The site includes a number of significant trees. The majority of the trees on the site are non-indigenous. The vegetation on No. 77 Bellamy Street is overgrown with bamboo and other noxious weeds.

The north east corner of the site is partly within a bushfire prone area. The bushfire threat is from bushland within Berowra Valley National Park north-east of the site.

The surrounding properties mainly comprise single and two storey dwelling houses on relatively large lots with substantial trees developed since the 1960s and more recent dwelling houses on battle-axe lots. A duplex cluster housing development comprising 12 public housing dwellings is located opposite the site at Nos. 88-94 Bellamy Street.

The site is located 890m north-west of Pennant Hills Railway Station.

PROPOSAL

The proposal is for demolition of existing structures and community title subdivision of two allotments into eight lots including seven residential lots and a community lot which comprises the accessway. The proposed lots are detailed as follows:

Lot 1 (Community Lot) has an area of 769m² and comprises the proposed accessway which includes the proposed driveway, turning area, associated landscaping, retaining walls, stormwater drainage infrastructure, driveway culvert and waste bin storage facility. The lot includes four trees identified as significant to be retained at the Bellamy Street frontage (Tree No. 1 – White-Mahogany Eucalyptus acmenoides, Tree No. 2 – Deodar-Cedar Cedrus deodara, Tree No. 3 – Smooth-barked Apple Angphora costata and Tree No. 6 – Turpentine – Syncarpia glomulifera).

Lot 2 is an irregular shaped lot with an area of 507m². The lot has a width of 12m and reduces to 8.2m over the irregular part of the lot comprising an area of 91.2m² at the lot frontage. The lot has an average gradient of 14% to the accessway (Lot 1). The proposed lot includes an indicative building envelope of 214.5m², setback 5.5m from the proposed accessway. The accessway includes a turning head at the lot frontage. The lot includes Tree No. 17 located on the southern boundary and Tree No. 18 on the adjoining land which are identified as significant trees (Turpentine – Syncarpia glomulifera) to be retained.

Lot 3 is irregular in shape at the lot frontage, has an area of 501.5m² and a width of 12m. The lot includes an indicative building envelope of 241m², setback 8m from the frontage. The lot has an average fall of 12% to the accessway (Lot 1).

Lot 4 is regular in shape with an area of 517m² and a width of 12m. The lot includes an indicative building envelope of 276.5m², setback 8m from the frontage. The lot has an average fall of 10% to the accessway (Lot 1). The lot includes Tree No. 50 identified as significant (Turpentine – Syncarpia glomulifera) located near the rear boundary to be retained.

Lot 5 is regular in shape with an area of 517.5m² and a width of 12m. The lot includes an indicative building envelope of 279.5m², setback 7.7m from the frontage. The lot has an average fall of 12% to the accessway (Lot 1).

Lot 6 is a battle-axe lot with an area of 501.5m² excluding the 1.5m x 6m handle and has a width of 12m. The lot has an average fall of 12% to the eastern boundary. The lot shares a driveway and right of access with proposed Lot 7 along the eastern boundary. The lot includes an indicative building envelope of 272m², setback 7m from the right of access.

Lot 7 is a battle-axe lot with an area of 513.5m²excluding the 2m x 18.2m handle and has a width of 11.9m. The lot has an average fall of 13% to the eastern boundary. The lot shares a driveway and right of access with proposed Lot 6. The accessway is across an eroded gully area. The lot includes an indicative building envelope of 260m².

Lot 8 is an irregular triangular shaped lot with an area of 503m² and a maximum width of 30.4m, reducing to a frontage of 4.8m to the accessway. The lot has an average gradient of 20% to the eastern boundary and includes an eroded gully area. The lot includes an indicative building envelope of 211m².

ASSESSMENT

The development application has been assessed having regard to the ‘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

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

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

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

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

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

The proposed subdivision is permissible in the zone with Council’s consent pursuant to Clause 4.1 of the HLEP.

2.1.2 Minimum Subdivision Lot Size

Clause 4.1 of the HLEP provides that the size of any lot resulting from the subdivision of land, excluding the area of the access handle, must not be less than the minimum size shown on the Lot Size Map. The minimum lot size for the subject site is 500m². The proposed subdivision complies with this requirement.

2.1.3 Heritage Conservation

2.1.4 Earthworks

The construction of the proposed accessway would require earthworks and landform modification.

Council’s assessment of the proposed earthworks and land modification concludes that subject to recommended conditions for soil and water management and retaining walls, the proposal would not impact on adjoining properties, drainage patterns or soil stability.

2.2 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.

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

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

The site has been used for residential purposes and is unlikely to be contaminated. Further assessment in this regard is not warranted.

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

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

2.5 Rural Fires Act 1997

The proposed subdivision is integrated development subject to approval of the NSW Rural Fire Service for the issue of a Bush Fire Safety Authority pursuant to Section 100B of the Rural Fires Act 1997.

The NSW Rural Fire Service has raised no objections and has issued a Bush Fire Safety Authority for the proposed subdivision subject to conditions including asset protection zones, water and utilities, and access.

2.6 Water Management Act 2000

The site is traversed by a watercourse tributary of Berowra Creek. Pursuant to Clause 91 of the Act, a ‘controlled activity’ permit from the Department of Primary Industries – Water (DPI - Water) is required for development within 40m of a watercourse.

The watercourse forms part of the local stormwater drainage system in this location.

DPI – Water advised Council the watercourse through the site is considered a drainage channel and there is no requirement for a ‘controlled activity’ permit for the proposed development.

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

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

2.8 Hornsby Development Control Plan 2013

The proposed subdivision 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
Lot Size (Allotment sizes excluding the access handle)	Lot 2 – 507m² Lot 3 – 501.5m² Lot 4 – 517m² Lot 5 – 517.4m² Lot 6 – 501.5m² Lot 7 – 513.5m² Lot 8 – 503m²	500m² (min)	Yes
Accessway Width	7.81m (min)	6.65m (min)	Yes
Indicative Building Envelope	211m²– 276.5m²	200m²	Yes

As detailed in the above table, the proposed subdivision complies with prescriptive requirements within the HDCP. The following is a brief discussion on compliance with relevant desired outcomes.

2.8.1 General Provisions

The HDCP includes the following desired outcomes.

a. Subdivision design that provides usable allotments that relate to site conditions.

b. Subdivision design that provides for the retention of significant landscape features and respects site constraints including: significant trees, remnant bushland, steep topography, watercourses, riparian land and stormwater overland flow paths, and bushfire hazard asset protection zones.

c. Subdivision design that provides for all necessary services and facilities, including any required extension or amplification to Council infrastructure.

The proposed subdivision layout and lot design have regard to the sloping topography and the north easterly aspect of the site, would provide useable areas for a range of low density housing types, retain significant trees and provide for bushfire protection.

The proposal includes replacement of the existing bridge over the watercourse with a culvert with design capacity for a 1 in 100 year storm. The proposed lots, including the accessway, would be flood free.

2.8.2 Residential Lands Subdivision

The HDCP includes the following desired outcomes:

a. Subdivision design should maintain appropriately shaped lots to accommodate a dwelling and associated development that is compatible with a low density residential environment.

b. Subdivision design should provide setbacks to developable areas that will: complement the streetscape, provide for landscaping, protect landscape features, and provide separation between existing and future dwellings.

The proposed lots are appropriately shaped to conform to the configuration of the site and the proposed accessway. Proposed lots 2, 3, 4, 5, 6 and 8 comply with the 12m minimum lot width prescriptive measure and would accommodate a 200m² indicative building envelope clear of required setbacks to boundaries and trees to be retained. Proposed Lot 7 has a width of 11.92m. The non-compliance with the minimum width is acceptable with regard to the minor variation and location on the northern boundary with existing larger adjoining properties. The proposed indicative building envelopes would enable the provision of private open space and on-site car parking in accordance with the HDCP prescriptive measures.

2.8.3 Accessway Design

The HDCP includes the following desired outcomes:

a. To ensure access along private accessways to all new lots is simple, safe and direct.

b. Driveway should not be visually intrusive to the existing streetscape.

c. To limit the number of driveway crossings and additional dwellings with direct access to main roads to limit the cumulative impacts on traffic flows and safety.

The proposed accessway would be located over the existing handles of the two battle-axe lots and would extend along the eastern boundary of the site. The extended accessway involves cut and fill to provide a uniform level increasing from RL155.5m to RL157.0m at the rear of No. 79 and No. 81A Bellamy Street respectively. The two adjoining properties include retaining walls along their rear boundaries at RL 155m. The two existing dwellings are setback > 3.0m and < 7.5m from the boundary.

The proposed driveway is setback 2.0m to 3.5m from the eastern boundary. The proposed landscaping within the setback area would provide adequate screening of the driveway in relation to adjoining residents. Where the driveway is more than 0.5m above ground level, a guard rail is required in accordance with AS2890.1.

The proposed accessway is in accordance with the HDCP requirement for a minimum width of 6.65m for the proposed seven residential lots. The proposed driveway width reduces to 4m for proposed lots 3, 4, 5, 6 and 7. The 4m driveway width is in accordance with the NSW Rural Fire Service requirements in Planning for Bushfire Protection Guidelines 2006. A condition is recommended for the landscaping to be maintained in accordance with the submitted landscape plan.

The proposed accessway includes a common turning area and passing bays in compliance with the HDCP accessway design requirements. The proposed accessway would retain the existing driveway crossing and trees at the street frontage. In this regard, the proposal would maintain the existing streetscape.

The proposed subdivision includes a waste bin storage facility on the northern side of the accessway near the frontage. The storage facility is designed for Council’s waste collection vehicle to reverse onto the driveway for waste collection and forward out.

The proposed accessway meets the HDCP desired outcome for accessway design subject to recommended conditions.

2.8.4 Stormwater Management

A natural watercourse traverses the access handles of the site and forms part of Council’s stormwater drainage system.

The site experiences overland flows from neighbouring properties along the western boundary in the direction of the watercourse. Appropriate conditions are recommended for intercepting and diverting these stormwater water flows to the watercourse.

The proposal includes the upgrading of the existing culvert for the 1 in 100 year storm and for construction of on-site stormwater detention within the proposed driveway. Appropriate conditions are recommended to ensure the post development stormwater flows remain the same as pre-development.

The recommended conditions require the proposed stormwater drainage line on the lower side of the driveway to be relocated within the driveway to improve utility design and landscaping.

Subject to recommended conditions the proposed subdivision would meet the HDCP desired outcomes for stormwater management.

2.8.5 Stormwater Drainage Easement

At the on-site meeting on 5 May 2016, Councillors requested the applicant to give consideration to granting a stormwater drainage easement benefiting the adjoining Thorn Street properties. The request is in recognition of the existing drainage connection through the site to the watercourse. In this regard, the applicant submitted legal advice which states:

We advise that the property being folio identifier 22/841114 is not encumbered by an easement to drain in favour of the owner of the Thorn Street property.

The property is a Torrens title and rights of prescription in relation to an unregistered easement do not exist pursuant to the Torrens system, as that system is one of recording affectations on title. The fact that the pipes of the Thorn Street runs through the property gives no rise to a right of prescription, or an implied easement in favour of the Thorn Street property.

Council then wrote to the adjoining Thorn Street property owners in respect to the applicant’s legal advice and their position in regards to negotiating with the site owner to obtain an easement. In response, Council received a copy of a resident’s letter to the owner of the site requesting an easement.

On 12 July 2016, the site owner advised the adjoining owners of preparedness to negotiate a drainage easement under Section 88 of the Conveyancing Act.

The existing drainage line from the Thorns Street properties was installed by the previous owner of No. 75 Bellamy Street and connects with No. 14A Thorn Street and collects the roof and paved surface runoff from these properties. To prevent surcharge of flows at the pit on the adjoining land by blockage of the drainage line a deferred consent commencement condition is recommended for an easement to be created for the connection of the drainage line to the recommended piped drainage system. The application of such a deferred commencement condition would be consistent with applicant’s expressed position that they are willing to provide an easement and would also formalise an existing drainage system mitigating adverse stormwater impacts on the site and adjoining properties.

2.9 Section 94 Contributions Plans

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

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The site includes 13 trees of which Trees No. 1 – Eucalyptus acmeniodes (White Mahogany), Tree No. 2 – Cedrus deodara (Deodar Cedar), Tree No. 3 – Angophora costata (Smooth-barked Apple), Trees Nos. 17, 18 and 50 – Syncarpia glomulifera (Turpentine), are identified as significant trees and are proposed to be retained.

Tree No. 8 – Syzygium paniculatum (Magenta Lilly Pilly) and Trees Nos. 56 and 58 – Pittosporum undulatum (Sweet Pittosporum) would be removed. Magenta Lilly Pilly is listed as endangered under Schedule 1 of the Threatened Species Conservation Act 1995. The tree however, is a horticultural planting in an area that does not include habit for Syzygium paniculatum. Trees Nos. 56 and 58 (Sweet Pittosporum) are locally indigenous but are considered an invasive species and would not warrant protection. The proposed removal of Trees Nos. 8, 56 and 58 is therefore acceptable.

The remaining vegetation on the site primarily consists of non-indigenous tree species and noxious weeds species. Appropriate conditions are recommended for the removal of noxious weeds on the site.

A condition is recommended for the submitted landscaping plan to be amended to include locally indigenous plant species.

3.1.2 Natural Watercourse

The proposed subdivision includes upgrading of the existing watercourse culvert across the accessway. A condition is recommended for the area to be rehabilitated with riparian vegetation to stabilise the banks of the watercourse.

3.2 Built Environment

3.2.1 Built Form

Proposed lots 2 to 7 would form a regular pattern for future dwelling houses and provide appropriate spatial arrangement in relation to neighbouring houses with uniform front, rear and side setbacks. Proposed lot 8 is an irregular shaped lot occupying the north eastern triangular shaped part of the site. A dwelling house could be designed for the lot with regard to building separation and privacy.

3.2.2 Traffic

The proposed subdivision would generate 33 daily vehicle trips in accordance with the Roads and Maritime Services Technical Direction – Guide to Traffic Generating Developments dated August 2013 which estimates 6.66 daily trips per dwelling.

Council’s engineering assessment of the traffic impacts of the development concludes the proposed traffic generation is acceptable in respect to the capacity of the local road network.

3.3 Social Impacts

The proposed subdivision would provide opportunity for additional dwelling houses in a locality well provided with public infrastructure, transport and community facilities and would be of positive social impact.

3.4 Economic Impacts

4. SITE SUITABILITY

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

4.1 Flooding

The existing and proposed accessway is subject to the 1 in 100 year flood level of a minor watercourse drainage system. The proposal includes upgrading of the accessway with a new culvert designed for a 1 in 100 year storm, thus providing flood free access.

The proposed stormwater drainage works include on-site stormwater detention to ensure pre-development flows are maintained. In this regard, the proposal would not increase the flood risk of downstream properties.

4.2 Bushfire Risk

The land is partly within a bushfire prone area being in the vicinity of Berowra Valley National Park north of the site.

The NSW Rural Fire Service recommends appropriate conditions for bushfire protection.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 19 August and 19 September 2015 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received 11 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
TWO SUBMISSIONS RECEIVED OUT OF MAP RANGE

At the site meeting on 5 May 2016, concern was raised that the owner of property No. 81A Bellamy Street, Pennant Hills was not notified of the application. A review of Council’s file indicates that a letter to the owner of the property was included in the notification of the application. Accordingly, the above notification plan has been corrected.

Eleven submissions objected to the development. The matters raised by the objectors are discussed as follows:

5.1.1 Traffic Impact on Road Safety

The increase in traffic was raised as a concern for the operation of the intersection of Stevens Street and Bellamy Street and for road safety.

The proposed traffic generation involving 33 daily vehicle trips would not detract from the operation of the local road network and is acceptable in respect to road safety.

The proposed waste collection operation would involve the waste truck reversing onto the driveway for collection from the proposed waste facility at the frontage. The proposed driveway is sufficiently wide to enable vehicles to pass when the waste truck is standing on the driveway.

5.1.2 Dwelling Density and Residential Amenity

The number of proposed lots and potential loss of privacy and solar access resulting from future two storey dwelling houses was raised as a concern.

The proposed lots are generally of uniform shape and size and would enable future dwellings to be designed for solar access and privacy. A maximum building height of 8.5m (two storey) is permissible in accordance with the HLEP.

At the on-site meeting on 5 May 2016, residents raised concerns regarding privacy impacts on adjoining properties. The topography of proposed Lot 2 and proposed Lot 7 is elevated to the rear yards of existing adjoining dwellings. To minimise impacts on privacy of neighbouring residents, a condition is recommended for 1.8m high fencing topped with 300mm of lattice along the respective lot boundaries (Refer to amended Condition No. 40).

An existing brush fence on top of a retaining wall is located along the southern boundary of the site and proposed Lot 2 and the existing driveway. A section of the retaining wall is well inside the property boundary. A condition is recommended for the existing retaining wall not aligned with the site boundary to be demolished and replaced to align with the site boundary. A condition is recommended for landscape screening to replace the existing brush fence (Refer to amended Conditions No. 4 and No. 39).

Further to the on-site meeting the owner of the adjoining dwelling at No. 87 Bellamy Street declined to consider the prospect of a monetary contribution for landscaping on their adjoining land.

5.1.3 Stormwater Drainage and Flooding

The impact of stormwater drainage flows through the site from adjacent properties fronting Thorn Street was raised as a concern regarding the need for easements and impacts of flooding.

The proposed stormwater drainage system is subject to a deferred commencement condition for the creation of a drainage easement for upstream properties and a condition for drainage control measures along the western boundary of the site to divert overland sheet flow from neighbouring properties to the natural watercourse.

The existing drainage line across the driveway is to be upgraded for a new culvert with capacity for the 1 in 100 year storm event. The proposed subdivision would not increase the flooding risk for downstream properties.

5.1.4 Loss of Trees

The loss of existing trees on the site in particular Tree No. 3 – Angophora costata (Smooth-barked Apple) and Tree No. 8 – Syzgium paniculatum (Magenta Lilly Pilly) was raised as a concern.

The proposed waste bin storage facility has been relocated to the northern side of the driveway to retain the locally indigenous Tree No. 3.

The proposed driveway is within the structural root zone of Tree No. 8 located at the frontage of proposed Lot 3. The proposed removal of Tree No. 8 is acceptable as discussed in Section 3.1.1.

The design of the proposed driveway has been amended to increase the area of landscaping. The proposed landscaping would provide adequate screening of the driveway for neighbouring residents and replace dense vegetation along the boundary of the site.

5.1.5 Visual and Acoustic Amenity

The impact of the proposal on visual quality and the acoustic environment was raised as a concern.

The proposal would not impact on the existing streetscape which would be maintained. The proposal would retain the majority of the locally indigenous trees on the site.

The proposed accessway is in close proximity to the existing dwelling houses. The submitted landscape plan includes a 2.5m-3.0m wide landscaping strip along the accessway which would provide effective screening of the driveway. A condition is recommended for fencing of the boundaries of the site which together with landscaping would mitigate noise impacts from the operation of the driveway.

5.2 Public Agencies

The development application is ‘integrated development’ subject to approval of the NSW Rural Fire Service for a Bushfire Safety Authority.

The Rural Fire Service granted its approval for a Bushfire Safety Authority subject to conditions for the subdivision to be designed in accordance with Planning for Bushfire Protection Guidelines 2006 criteria for accessway design and asset protection.

At the on-site meeting on 5 May 2016, Councillors raised concerns regarding the existing power poles on the site. In this regard, Ausgrid will require the subdivision to be serviced by underground power in accordance with the Ausgrid Electrical Supply Standard ES10 – Requirements for Electricity Connection to Developments, December 2008.

6. THE PUBLIC INTEREST

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

CONCLUSION

The proposal is for demolition of existing structures and subdivision of two allotments into eight community title lots.

The proposed subdivision complies with Hornsby Local Environmental Plan 2013 and generally meets the prescriptive measures of the Hornsby Development Control Plan 2013 for residential subdivision, accessway design, tree preservation, stormwater management and waste management.

The proposed subdivision includes an area of bushfire prone land. The NSW Rural Fire Service would grant a Bushfire Safety Authority for the proposal subject to recommended conditions.

Eleven submissions were received in response to notification of the application.

A deferred consent commencement condition is recommended for creation of a stormwater drainage easement to address drainage impacts of the proposal on adjoining land.

Appropriate conditions are recommended to minimise amenity impacts on neighbouring residents.

The application is recommended for approval.

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

1.View	Locality Map
2.View	Subdivision Plan
3.View	Landscape Plan
4.View	Accessway Design Plans
5.View	Meeting Minutes - Item 7

File Reference: DA/963/2015

Document Number: D06994528

SCHEDULE 1

GENERAL CONDITIONS

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

1. Deferred Commencement

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

a) The registration and creation of an easement to drain water benefitting No. 14A Thorn Street, Pennant Hills. The Easement is to be created over No. 75 and No. 77 Bellamy Street (the subject site) to connect piped drainage water from upstream properties for safe disposal to the natural watercourse crossing the driveway handle of the subject site.

Such information must be submitted within 36 months of the date of this notice.

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

2. Approved Plans and Supporting Documentation

Plan No.	Plan Title	Drawn by	Dated
12848_DET_C	Plan Showing Detail and Levels & Proposed Subdivision	Survey Plus	27.05.2015
1 of 2 Revision B	Landscape Plan	Stylish Gardens	15/2/16
2 of 2 Revision B	Plant Schedule & Specifications	Stylish Gardens	15/2/16
1676 – Cover Sheet 01 of 04 Rev C	Access Driveway Concept design	Storm Consulting	12.02.16
1676 – P02 Sheet 02 of 04 Rev C	Access Driveway Concept Design	Storm Consulting	12.02.16
1676 – D03 Sheet 03 of 04 Rev C	Access Driveway Concept Design	Storm Consulting	12.02.16
1676 – P04 Sheet 04 of 04 Rev C	Access Driveway Concept Design	Storm Consulting	12.02.16

Document Title	Prepared by	Dated
Arboricultural Impact Assessment	Australis Tree Management	21 July 2015
Bushfire Hazard Assessment Report	Building Code & Bushfire Hazard Solutions Pty Limited	20 July 2015
Stormwater OSD and Flood Design	Storm Consulting	10 July 2015
Waste Management Plan	SurveyPlus	March 2016

3. Removal of Existing Trees

a) This development consent permits the removal of trees numbered 8, 56 and 58 as identified on plan number Figure 2 Site Map within the Arboricultural Impact Assessment prepared by Australis Tree Management, dated 21 July 2015.

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

4. Amendment of Plans

a) To comply with Councils requirement in terms of Section 1C.2.9 of HDCP, the approved plans are to be amended as follows:

i) The landscape plan is to be amended to include plantings of locally indigenous plants species including six Syncarpia glomulifera (Turpentine). Refer: http://www.hornsby.nsw.gov.au/media/documents/environment-and-waste/bushland-and-biodiversity/gardening-with-natives/Create-a-Native-Garden-Southern-Suburbs.pdf

ii) The landscape plan is to be amended to address Condition No. 12 d).

iii) The landscape plan is to be amended to replace the existing brush fence along the southern boundary with screen planting.

b) The amended plans must be submitted with the application for 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

Description	Contribution (4)
Roads	$11,683.25
Open Space and Recreation	$57,867.10
Community Facilities	$30,316.70
Plan Preparation and Administration	$132.96
TOTAL	$100,000.00

being for 7 residential lots and including a credit for two existing lots.

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

9. Dilapidation Report

a) A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of adjoining properties Nos. 73, 79, 81A and 83 Bellamy Street, Pennant Hills.

10. Identification of Survey Marks

11. Stormwater Drainage

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

a) In order to protect against nuisance flooding, an interception swale and piped drainage system to catch the design 100 year average recurrence interval (ARI) overland storm flow from upstream catchments shall be designed and approved for construction. The swale/piped drainage system shall be designed and constructed along the western boundary of the subject site, and drained via gravity in a piped system to the natural watercourse crossing the sites’ access handles separately from the proposed internal drainage system;

b) The hydrologic and hydraulic analysis and construction detail for the interception swale and piped drainage system shall be submitted with construction plans;

c) An inter-allotment stormwater drainage system to service all proposed lots in the subdivision with pits being cast in situ or pre-cast concrete pits being used. The internal inter-allotment drainage system shall be connected to the proposed on-site detention (OSD) system;

d) The OSD system shall be designed and proposed for construction at a level to permit the connection of proposed Lot 8’s roofed areas at least, to drain via gravity to the system;

e) The proposed internal driveway pavement shall provide crossfall, kerbing and a piped drainage system capable of draining the 20 year ARI to the proposed connection point at the natural watercourse. Additional details are provided in condition No. 13.

12. On Site Stormwater Detention

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

a) Have a capacity of not less than 55 cubic metres, and a maximum discharge (when full) of 40 litres per second;

b) Have a surcharge/inspection grate located directly above the control orifice ;

c) Subsequent to the control orifice, have a separate overflow chamber to permit surcharge weir flows to be drained by the internal piped drainage system;

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

13. Natural Watercourse Driveway and Drainage System

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

a) The existing structure shall be demolished and the proposed culvert or bridge and abutments shall be designed by a Chartered Civil or Structural Engineer;

b) The driveway shall provide for vehicle and pedestrian safety with provision of structural car barriers and hand railing. Details to be included on the plans;

c) The proposed bridge or culvert over the natural watercourse shall have a flowing-full capacity of at least the 100 year average recurrence interval (ARI) design storm flow from the upstream catchment with the following requirements:

i) the design storm top water level in the culvert must permit freeboard of at least 0.5m to the soffit level of the bridge beam or culvert;

ii) The width of the culvert or distance between bridge abutments must ensure no constriction or backwater effect for the design storm flow;

d) Rehabilitation of disturbed areas with a landscaping plan containing suitable riparian species as per requirements of ‘Guidelines for Controlled Activities - Vegetation Management Plans’. Refer to http://www.water.nsw.gov.au/water-management/law-and-policy/key-policies;

e) Construction Plans shall be submitted for consideration and approval with the following information:

i) A catchment plan, including sub-catchments from adjoining streets;

ii) Run off calculations (Hydrological and Hydraulic) according to Australian Rainfall and Run off 1987, as well as all electronic files for any computer generated modelling of the flow path;

iii) A detailed site plan including topography of existing and post development levels, showing how the design flow is conveyed in the natural watercourse, as well as;

iv) A site contour plan of the area affected by the 100 year ARI storm flow path.

14. Internal Driveways/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 via a separate application to Hornsby Council’s Crossings Engineer for Crossing Levels;

b) The driveways be rigid pavements. All shared driveways are to be designed and constructed;

c) For cars, the driveway grade must not exceed 25 percent and transitions for changes in grade must not exceed 8 percent per plan metre;

d) For waste truck access, driveway grade and transitions shall comply with AS 2890.2;

e) The driveway pavement be a minimum 3 metres wide (where single width), 0.15 metres thick reinforced concrete with SL72 steel reinforcing fabric and a 0.15 metre sub-base.

f) In order to permit two-way passing of vehicles at the Bellamy Street entrance to the site and improve the viability of Tree 3, the driveway pavement shall be designed and constructed for a clear width of 5.5m measured from the bin enclosure with appropriate merge tapers in both directions along the driveway. The driveway pavement design within the Tree Protection Zone of Tree 3 shall be a pier and beam construction designed by the Structural Engineer;

g) Driveway set out shall also comply with the Rural Fire Service guidelines “Planning for Bushfire Protection”;

h) The pavement have a kerb to one side at least, a one-way cross fall with a minimum gradient of 2 percent and kerb inlets and pits provided on grade and at low points;

i) Retaining walls required to support the carriageway, car barrier and handrail protection and the compaction of all fill batters to be in accordance with the requirements of a chartered structural engineer;

j) Conduit for utility services including electricity, water, gas and telephone be provided on plans. Construction plans shall provide base preparation and concrete slab jointing details;

k) A common turning area to service the proposed subdivision in accordance with Australian Standards AS 2890.1 to ensure vehicles can enter and leave the site in a forward direction. A right of access shall be created over the turning area to ensure access is maintained at all times; and

l) Construction of pedestrian access designed to help prevent slip and fall shall be designed and constructed with the future access driveway. Pedestrian grades steeper than 12.5% shall be provided with surface texturing, brushing or cleats to satisfy Class V: R11 ramps in accordance with AS 4586-2004 Clause 5.2.

15. 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.

Note: An application for a vehicular crossing can only be made to one of Council’s Authorised Vehicular Crossing Contractors, or be the subject of a Construction Certificate to Hornsby Shire Council as the Roads Authority. You are advised to contact Council on 02 9847 6940 to obtain a list of contractors.

16. 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.

17. Waste Management Details

The following waste management requirements must be complied with:

a) From no greater than 6m from the Boundary Street boundary, the driveway pavement must be no less than 6.5m wide for no less than 18 m.

Note: Bins are to be placed along the northern side of this 18 m long section of driveway for servicing by the side loader heavy rigid waste collection vehicle, which is to reverse in and forward out of the driveway.

b) The section of the driveway to be used by waste collection vehicles, must be designed in compliance with Australian Standard AS2890.2-2002 Parking Facilities Part 2: Off-street Commercial Vehicle Facilities for heavy rigid vehicles.

c) 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.

d) Prior to the issue of a Construction Certificate, a Certificate from an appropriate qualified Traffic Engineer is to be submitted to the Principal Certifying Authority (PCA) certifying that the drive way entry complies with AS 2890.2 for heavy rigid vehicles and the approved Development Consent plans and conditions.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

18. Erection of Construction Sign

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

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

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

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

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

19. Protection of Adjoining Areas

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

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

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

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

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

20. Toilet Facilities

b) Each toilet must:

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

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

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

21. Erosion and Sediment Control

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

REQUIREMENTS DURING CONSTRUCTION

22. Construction Work Hours

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

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

23. 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;

24. Environmental Management

25. Street Sweeping

To protect the surrounding environment, street sweeping must be undertaken following sediment tracking from the site along Bellamy Street (vicinity Nos. 73, 75 & 77) 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.

26. Works Near Trees

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

i) The project Arborist must supervise and record all works, including driveways and retaining walls and the like, on the subject or adjoining properties within the Tree Protection Zones of any trees required to be retained.

ii) The project Arborist must record the method(s) used to preserve tree(s) all trees to be retained.

b) The project Arborist must assess the condition of tree(s) within the growing environment and make recommendations for maintaining tree health/condition and if necessary carry out remedial action to ensure the health and vigour of the tree(s). The project Arborist must record the method(s) used to preserve the tree(s).

c) Driveway construction near trees to be retained to meet the following requirements:

i) Tree Protection fencing must only be adjusted in accordance with Appendix E - Tree Protection Plan to facilitate the installation of the driveway.

ii) The driveway must be built on existing grade.

iii) A certificate from the project Arborist must be submitted to the principal certifying authority detailing the method(s) used to preserve the trees.

d) Excavation to facilitate the construction of the proposed driveway or any other associated works within the Tree Protection Zone of specified trees T1, T2, T3, T4, T6, T17, T18, T49.1 and T50, must be carried out by hand excavation ONLY.

e) Where tree roots of specified trees Nos. T1, T2, T3, T4, T6, T17, T18, T49.1 and T50 are required to be severed for the purposes of this consent, all pruning must be undertaken as specified in Australian Standard AS 4970-2009 Sections 3.3.4, 4.5.4 and 4.5.5. In addition:

i) Tree roots severed during excavation must be cut cleanly by hand by a qualified and experienced Arborist or horticulturalist with minimum qualifications of Horticultural Certificate or Tree Surgery Certificate (AQF 3).

ii) A certificate must be submitted by the project Arborist to the principal certifying authority detailing the methods used to preserve the trees e.g. application of nutrients/root development stimulants (Seasol).

f) Should the excavation of any underground services (i.e. drainage/sewer/stormwater) be approved within the tree protection zones, excavation by hand ONLY shall be undertaken in accordance with section 4e.

g) Grading or regrading within the tree protection zones, must be undertaken ONLY if at all, after consultation with the Project Arborist.

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

27. 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) This compaction certificate must be included with the application for an occupation certificate.

28. Excavated Material

29. Waste Management

a) All work must be carried out in accordance with the approved waste management plan.

b) Stockpiling, cutting and sanding must be performed a minimum of 10 metres from the shoreline and screened by sediment fencing.

30. Council Property

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

31. Waste Management Details

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF A 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.

32. 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.

33. Damage to Council Assets

34. Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Council for completed structures, road pavements, kerb & gutter, drainage systems, services and service conduit, driveways and on-site detention systems. The details must show the invert levels of the drainage 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.

35. Creation of Easements

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

a) Rights of Access and Easements for Services over the access corridors;

b) An inter-allotment drainage easement(s) over each of the burdened lots;

c) Provision for Registered Proprietors of all lots to be jointly and severally responsible for maintenance of the proposed internal driveway and drainage systems. Terms must be obtained from Hornsby Council;

d) A drainage easement seven metres wide (refer to requirements of Council’s Design Specification 2005) over the access handle in favour of Hornsby Council and in accordance with the terms set out in Memorandum B5341305V filed with the NSW Department of Lands;

e) A Restriction benefitting Hornsby Council over the flow path and pipeline - referred to in Condition titled “Stormwater Drainage” - designed to convey the 100 year average recurrence interval storm to the natural watercourse. The terms of this restriction must be obtained from Council;

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

g) An easement for letterboxes shall be created over the driveway handle benefiting each lot. The 88b instrument shall be worded to reflect the obligations and responsibilities of the benefiting and burdening parties.

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

36. Waste Management Details

The following waste management requirements must be complied with:

a) 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.

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

37. Arborist Certification

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

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

38. Completion of Landscaping

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.

39. Retaining Walls

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

b) The existing retaining wall not aligned with the southern boundary of Lot 1 and Lot 2 must be demolished and replaced with a retaining wall aligned with the site boundary.

40. Boundary Fencing

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

b) The fencing of the southern boundary of Lot 1 and Lot 2 and the northern boundary of Lot 7 is to be topped with 300mm lattice screening.

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

41. Allotment Numbering

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

42. Demolition of Structures

All structures on the site shall be demolished prior to the release of the subdivision certificate.

43. Preservation of Survey Marks

44. Provision for National Broadband Network (NBN)

45. Noxious and Environmental Weed Removal

To ensure the appropriate control of weeds on the property, the applicant must ensure the following:

a) All noxious weeds including Large-leaf Privet (Ligustrum lucidum), Small-leaf Privet (Ligustrum sinense) and Ochna (Ochna serrulata) are to be removed and suppressed using recognised weed control techniques including the ‘cut and paint’ technique. The noxious weed Rhizomatous bamboo (Phyllostachys spp.) must be wholly removed including the above ground vegetative matter and all below ground rhizomes.

b) All environmental weeds including Tree of Heaven (Ailanthus altissima) are to be removed and suppressed using recognised weed control techniques including the ‘cut and paint’ technique.

Note: Further information on weed control techniques can be provided by the Sydney Weeds Committees available at: http://sydneyweeds.org.au/ and The NSW Department of Primary Industries at: http://www.dpi.nsw.gov.au/agriculture/pests-weeds/weeds

OPERATIONAL CONDITIONS

46. Waste Management

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

a) Bin must be placed at the waste collection area along the driveway no earlier than the day before the collection day and must be removed no later than the day after the collection day.

47. Landscape Establishment

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

GENERAL TERMS OF APPROVAL – NSW RURAL FIRE SERVICE

48. Bush Fire Protection

a) The development proposal is to comply with the subdivision layout identified on the drawing prepared by Surveyplus numbered 12848_DET_C, dated 27 May 2015.

b) At the issue of subdivision certificate and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

c) Property access roads for community title developments shall comply with sections 4.1.3(2) and 4.2.7 of ‘Planning for Bush Fire Protection 2006’.

- END OF CONDITIONS -

ADVISORY NOTES

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Works within Public Roads

Subdivision Certificate Requirements

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

· A certificate by a Registered Surveyor certifying that all structures within the subject land comply with the development consent in regard to the setbacks from the new boundaries.

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

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

Fees and Charges – Subdivision

Tree and Vegetation Preservation

Notes: A tree is defined as a long lived, woody perennial plant with one or relatively few main stems with the potential to grow to a height greater than 3 metres.

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

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

Dial Before You Dig

Asbestos Warning