Agenda of General Meeting - 12 October 2016

Group Manager’s Report No. PL68/16

Planning Division

Date of Meeting: 12/10/2016

4 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING COMPRISING 36 UNITS - 10-16 STATION STREET, THORNLEIGH

EXECUTIVE SUMMARY

DA No:	DA/686/2016 (Lodged on 31 May 2016)
Description:	Demolition of existing structures and construction of a five storey residential flat building comprising 36 units with basement car parking
Property:	Lots 9-12, Sec 4 DP 1854, Nos. 10-16 Station Street, Thornleigh
Applicant:	Skyblue Developments Pty Ltd
Owner:	Mrs Georgette Mouyat, Mr Joseph Antoun and Mrs Gina Antoun, Mr Wadih Gebrael and Mrs Sonia Mary Gebrael
Estimated Value:	$8,519,267

· The application involves demolition of existing structures and the erection of a five storey residential flat building comprising 36 units with basement car parking.

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

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

· It is recommended that the application be approved as a deferred commencement subject to the creation and registration of an easement to drain via the adjoining downstream property.

RECOMMENDATION

THAT Development Application No. DA/686/2016 for demolition of existing structures and the erection of a five storey residential flat building comprising 36 units with basement car parking at Lots 9-12, Sec 4 DP 1854, Nos. 10-16 Station Street, Thornleigh 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. PL68/16.

BACKGROUND

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

On 13 April 2016, a meeting was held between Council officers and the applicant with regard to a proposal for a five storey residential flat building comprising 37 units with basement car parking on the subject site. At the meeting, Council raised concerns regarding the number of units and the resultant non-compliances with the relevant development controls.

On 31 May 2016, the subject application was lodged and proposed the construction of a five storey residential flat building comprising 36 units with basement car parking.

On 20 July 2016 and 29 July 2016, Council sent letters requesting additional information regarding stormwater management and amended plans complying with the setback requirements.

On 1 September 2016, amended plans were lodged with Council. The amended plans seek to address Council’s concerns regarding the proposal.

SITE

The site comprises four allotments, Nos. 10-16 Station Street with an area of 1784sqm and a frontage of 48.8m to the street. The site is located on the southern side of Station Street in close proximity to the intersection of Pennant Hills Road. The site has a minor cross fall of 3.3% from the north-eastern corner to the south-western corner (to the rear).

The property at No. 10 Station Street accommodates a single storey mixed-use development with a partially underground carpark at the rear. Council’s records indicate that a hairdressing salon has been operating on this premise from 1993 pursuant to DA/1751/1993. The property includes a residence at the rear.

The remaining allotments contain three dwelling-houses with associated outbuildings and landscaping and a number of exotic trees.

The site forms the western edge of a redevelopment precinct which is zoned for five storey development and a business zone to its west and north. A two-storey mixed use development with partly underground car park adjoins the western boundary of the site. The property accommodates a medical centre and offices. An ALDI supermarket complex is located on the northern side of Station Street, fronting the site. Further to the west, a single storey commercial building with shops fronts the corner of Station Street and Pennant Hills Road.

A newly constructed five storey residential flat building adjoins the southern boundary of Nos. 10 – 12 Station Street.

The site is also located in close proximity to the Thornleigh Marketplace and is within walking distance of Thornleigh Train Station, which is approximately 320 metres west of the site. An overpass, providing pedestrian access to the western side of Pennant Hills Road, is located to the west of the site. Bus stops with regular services to Hornsby are located along Pennant Hills Road in close proximity to the site.

PROPOSAL

The proposal involves the demolition of existing structures and construction of a five storey residential flat building comprising 36 units with 2 levels of basement car parking.

The unit mix would comprise 12 x 1 bedroom, 20 x 2 bedroom and 4 x 3 bedroom units. The units would be accessed via a lift centrally located in the building and would include balconies fronting the street and rear property boundaries.

The development would be accessed from Station Street via a driveway located along the western boundary of the site. A separate pedestrian entry centrally located at the front of the property would provide access to all levels of the building via a landscaped pathway. A total of 42 car parking spaces, including six visitors’ parking spaces, bicycle and motorbike parking spaces are proposed in two basement levels.

ASSESSMENT

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

1. STRATEGIC CONTEXT

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

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

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

The proposed development would be consistent with ‘A Plan for Growing Sydney’, by providing 32 additional dwellings and would contribute to housing choice in the locality.

2. STATUTORY CONTROLS

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

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

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

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

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

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

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

2.1.2 Height of Buildings

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

2.1.3 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The site does not include a heritage item and is not located in a heritage conservation area. The property is located in the vicinity of a heritage listed dwelling house at No. 9 Station Street (item No. 718 – House) of local significance.

Council’s heritage assessment concludes that the development would be consistent with the desired future character of the precinct for five storey residential flat buildings in landscape settings. The proposal would be separated from the heritage item by the width of the Station Street road reserve and proposed landscaping along the entire frontage of the site. The proposed use of face bricks with neutral white and light-weight balconies is sympathetic to the heritage item.

Given the above, the proposal would not have an unreasonable impact on the significance of the heritage item and is assessed as satisfactory in this regard.

2.1.4 Earthworks

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

The site adjoins residential properties to its sides and rear and Station Street to the front. Accordingly, conditions of consent are recommended regarding submission of dilapidation reports assessing the impact of the excavation on the adjoining residential properties.

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

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

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

It is also noted that due to the age of the existing fibro clad dwelling houses and the associated outbuildings, there is potential for the existing buildings to contain asbestos. Appropriate conditions are included to require all asbestos to be removed from the site. Furthermore, taking into account the significant excavation required to accommodate the proposed basement car park, much of the existing soil would be removed from the site.

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

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

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

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

The applicant has submitted a “Design Verification Statement” prepared by a qualified Architect stating how the proposed development achieves the design principles of SEPP 65. The design principles of SEPP 65 and the submitted design verification statement are addressed in the following table.

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

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

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

Apartment Design Guide
Control	Proposal	Requirement	Compliance
Deep Soil Zone	30%	7% of site area	Yes
Communal Open Space	26%	25%	Yes
Ground Level Private Open Space	15m² - 45 m² <Min Depth of 3m	15m² Min Depth of 3m	Yes No
Solar Access (Living rooms and private open space areas)	72.7% (26/36)	2 hours for 70% of units	Yes
No Solar Access allowable for units	11% (4/36)	15% of units (max)	Yes
Natural Cross Ventilation	63.8% (23/36)	60%	Yes
Minimum Dwelling Size	1 br – 50m²- 54m² 2 br – 75m²- 77m² 3 br – 95m² - 97m²	1 br – 50m² 2 br – 70m² 3 br – 90m² + 5m² for additional bathrooms	Yes Yes Yes Yes
Habitable room depth from a window for open plan layout	6m to 8m	8m from a window (max)	Yes
Minimum Ceiling Height	2.8m (min)	2.7m (habitable rooms) 2.4m (non-habitable rooms)	Yes
Minimum Balcony Size (minimum depth 2m – 2.4m)	1 bedroom 8 -19m² 2 bedroom 10 - 34m² 3 bedroom 17 - 28m²	1 bedroom 8m² 2 bedroom 10m² 3 bedroom 12m²	Yes Yes Yes
Maximum Number of Units on a Single Level	8 units	8 units off a circulation core	Yes
Total Storage Area	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	Yes Yes Yes Yes

As detailed in the above table, the proposed development generally complies with the prescriptive measures within the Apartment Design Guide (ADG) except the minimum dimension of the ground level private open space area. Below is a brief discussion regarding the relevant development controls and best practice guidelines.

2.5.1 Ground Floor Apartments and Private Open Space

The proposal does not comply with the best practice guidelines within the ADG for the 3 metre minimum width dimension to the ground level private open space of three units. The non-compliance is in response to the requirement of the Hornsby Development Control Plan 2013 (HDCP), for common landscaped areas along roads, side and rear setbacks to provide a landscape setting for the developments within the precinct. Notwithstanding, the numerical non-compliances are minor and the proposed ground floor terraces and balconies are considered appropriate for the respective ground floor units in respect to dwelling size, aspect, unit configuration and amenity.

The proposal is assessed as satisfactory in this regard and the non-compliance is acceptable.

2.5.2 Solar Access

As stated in the table, more than 70% of the units would receive two hours of direct solar access between 9am and 3pm during Winter Solstice. Shadow diagrams have also been included to demonstrate that the proposed development would provide two hours of direct solar access between 9am and 3pm during Winter Solstice to the adjoining five storey development on the southern side. The application is acceptable in this regard.

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

2.5.3 Apartment Size and Layout

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

The proposed layout of all units consists of open plan living/dining rooms that have a minimum width of 3.6m for one bedroom units and a minimum width of 4m for two and three bedroom units and all window areas in habitable rooms are greater than 10% in compliance with the ADG.

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

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

2.5.4 Visual Privacy

The ADG requires a building separation of 12m between habitable rooms and balconies increasing to 18m from the fifth level, for residential flat buildings on adjoining sites to maintain “Visual Privacy”. Accordingly, all proposed developments are required to provide half of the building separation, as setbacks from boundaries.

Building separation requirements would not apply on the western side as the site adjoins B6 zone. Notwithstanding, the building is appropriately setback from this boundary in accordance with the ADG requirements. The southern and eastern facades of the building would adjoin five storey residential developments in the future. The compliance of the proposal with the building separation requirements is discussed below:

Southern Boundary (Rear)

The development complies with the building separation requirements along the southern boundary by proposing a minimum boundary setback of 7m for balconies and 8m for habitable areas up to the fourth level. The building steps back at the fifth level to provide a minimum 9m setback from the rear.

Eastern Boundary

Sections of the eastern façade would be setback 4m from the boundary and include two windows to a living area at each level. The windows are proposed to be highlight to alleviate adverse privacy impacts. However, this does not strictly comply with the ADG requirements regarding “Visual Privacy”. The proposed non-compliance is accepted as the building has been articulated in accordance with the requirements of the HDCP which allows 1/3 of the building length to encroach and have a 4m setback from the side boundary.

ADG design guidelines under “Visual Privacy” state that the windows should not directly face each other to avoid overlooking. Any future proposal on the eastern side can achieve compliance by designing the windows in accordance with the above guidelines.

It is also noted that the ground level courtyards for units 2 and 3 would have a setback of 4m from the eastern boundary. Continuous screen planting is proposed along the eastern elevation of these courtyards to alleviate overlooking opportunities. Given the proposed privacy measures, the proposal is acceptable in this regard.

2.5.5 Acoustic Privacy

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

2.5.6 Internal Circulation

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

2.5.7 Storage

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

2.5.8 Facades

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

2.6 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

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

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

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

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

2.8 Hornsby Development Control Plan 2013

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

Hornsby Development Control Plan 2013
Control	Proposal	Requirement	Compliance
Site Width	48.8m	30m	Yes
Height	5 storeys – 17.5m	5 storeys – 17.5m	Yes
Maximum Floorplate Dimension	38.6m (N/S) 20m ( E/W)	35m 35m	No Yes
Building Indentation	3m x 4m	4m x 4m	No
Height of Basement Above Ground	1m – 1.3m	1m (max)	No
Front Setback	10m 8m (for 13.8m) < 1/3 frontage 7m (balconies)	10m 8m (for 12.8m) < 1/3 frontage 7m (balconies)	Yes No Yes
Rear Setback	10m 8m (for 13.8m) < 1/3 frontage 7m (balconies)	10m 8m (for 12.8m) < 1/3 frontage 7m (balconies)	Yes No Yes
Eastern Side Setback	6m 4m (for 6.4m) < 1/3 frontage 6m (balconies)	6m 4m (for 6.6m) < 1/3 frontage 6m (balconies)	Yes Yes Yes
Western Side Setback	6m 4m (for 3.8m) < 1/3 frontage 6m (balconies)	6m 4m (for 6.6m) < 1/3 frontage 6m (balconies)	Yes Yes Yes
Top Storey Setback from Ground Floor	3m	3m	Yes
Underground Parking Setback	7m-front 7m-rear 4m-sides	7m-front 7m-rear 4m-sides	Yes Yes Yes
Basement Ramp Setback	2m	2m	Yes
Deep Soil Landscaped Areas	7m-front 7m-rear 2m- (western side) 4m - (eastern side)	7m-front 7m-rear 4m-side 4m - side	Yes Yes No Yes
Communal Open Space with Minimum Dimensions 4m	50m² (min) 26%	50m² (min) 25%	Yes
Parking	36 resident spaces 6 visitor spaces 8 bicycle racks 4 visitor bicycle racks 1 motorbike space	35 resident spaces 6 visitor spaces 6 bicycle racks 4 visitor bicycle racks 1 motorbike space	Yes Yes Yes Yes Yes
Housing Choice	1br – 33% 2br – 56% 3br– 11%	10% of each type (min)	Yes
Adaptable Units	10% (4/36)	30%	No

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

The proposed building is in accordance with the key principles for the precinct for well-articulated five storey residential flat buildings in garden settings with basement car parking.

2.8.2 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 building would maintain a maximum height of 17.5m above the natural ground level at any point.

A minor section of the ground floor at the south-western corner, would be 1.3m above the natural ground level at that point. The non-compliance results due from the downward slope of the land towards the south-western corner and the requirement to maintain a consistent finished floor level of RL 166.7 for the ground floor. Notwithstanding, the departure is minor (being a maximum of 300mm) and would be located at the rear of the site, thus not impacting on the streetscape.

Consequently, the numerical non-compliance is assessed as satisfactory.

2.8.4 Setbacks

As noted in the table above, the building complies with the side setback requirements and is assessed as satisfactory in this regard. The building also incorporates a 3m additional setback for the top storey on all elevations.

The HDCP requires buildings to have a minimum 10m setback to the front and rear boundaries. A setback of 8m is allowed for a maximum of 1/3 of the building length. The proposal does not comply with this provision as more than 1/3 of the building length (13.8m) would have a setback of 8m from the front and rear boundaries. The non-compliances along both frontages are acceptable for the following reasons:

· The non-compliance is minor, being 1m in excess of the required building length. The numerical non-compliance would not be discernible from the public domain, given the overall scale of the development;

· Compliance along the Station street frontage could be achieved by deleting a bathroom to the unit at the north-western corner. However, this would compromise the amenity for future residents and would not result in a desirable improvement to development of the site;

· Compliance with the building length fronting the rear boundary could be achieved by reducing the width of the living area or bedroom of one of the south facing units, thus resulting in non-compliance with “Apartment size and layout” component of the ADG;

· The proposed setback encroachments would have no adverse impact on the privacy or amenity of the adjoining buildings; and

· Generous landscaping with canopy trees intercepted by shrubs and hedges is proposed along the boundaries to screen the development.

It is considered that the proposal complies with the intent of the prescriptive measures of the HDCP which is to provide for landscaping, open space and separation between buildings.

2.8.5 Built Form and Separation

Built form is discussed below in terms of separation, floor-plates and articulation.

Building Separation

The matter is discussed in Section 2.5.4 of this report.

Floor-Plates

The HDCP requires that floorplates be restricted to a maximum dimension of 35m with 4m x 4m indents dividing the building into two distinct pavilions. The proposed building would have maximum floor-plate dimensions of 38.6m fronting Station Street and the rear boundary with 3m x 4m indents, not complying with the requirements of the HDCP.

The non-compliances are acceptable at this instance for the following reasons:

· The numerical non-compliances are minor when compared to the overall scale of the development. Strict compliance with the HDCP prescriptive measures would not achieve a superior design outcome for the site;

· The building envelope follows the shape of the site and proposes appropriate setbacks on the northern and southern sides;

· The site includes four allotments with an overall frontage of 48.7m to Station Street. Therefore, the additional building length appropriately responds to the context of the site and the frontage;

· To reduce the visual impact, the façades are highly articulated including appropriate indents, projecting balconies and wall offsets; and

· The depth of the building indents on both sides is a product of the dimensions of the rooms within the individual units. Increasing the building indent would result in deleting bathrooms from one unit on either side compromising the internal amenity of those units; and

· Notwithstanding the non-compliances, the building design achieves the pavilion effect and is considered a reasonable design outcome for the site.

Once the precinct is redeveloped and the adjoining buildings on the eastern and western sides are constructed, the non-compliance would not be perceived from the public domain and is therefore acceptable.

Articulation

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

· The facades have been divided into vertical ‘panels’;

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

· The building would incorporate a varied use of finishes including light coloured face brick, pre-fabricated feature wall claddings and acrylic render paint finishes.

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

2.8.6 Landscaping

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

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

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

A communal open space area with associated paving and seating areas is located within the rear setback area. This would provide a communal space that is readily accessed by the residents.

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

2.8.7 Open Space

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

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

2.8.8 Privacy and Security

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

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

2.8.9 Housing Choice

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

In accordance with the requirements within the draft HDCP amendments, the proposal includes 10% of adaptable units. The applicant has submitted a statement confirming that 20% of the proposed units are Universal Design housing designed in accordance with the Liveable Housing Guidelines (2012) silver level design and the ADG resulting in the following:

· 4 of the 36 units or 11% of the total dwellings are adaptable; and

· 8 of 36 units (including the 4 adaptable units) being 20 % of the total dwellings contain the required universal design features to achieve a silver level of universal design under the Liveable Housing Requirements.

The Draft HDCP requires 20% units to be designed in accordance with the Liveable Housing Guidelines in addition to the 10% adaptable units (30% units in total). In this regard, a condition of consent is recommended requiring the following:

· 4 of the 36 units or 11% of the total dwellings are adaptable; and

· 8 additional units or 20 % of the total dwellings contain the required universal design features to achieve a silver level of universal design under the Liveable Housing Requirements.

Subject to implementation of the recommended condition, 12 units or 30% of the total dwellings would achieve the required universal design features and comply with the draft HDCP provisions with regard to accessibility.

Level and barrier free access is provided to all levels of the development and at the ground level. A chair lift has been proposed at the entrance to allow disabled access on site.

The proposal is assessed as satisfactory with regard to adaptability.

2.8.10 Vehicular Access and Parking

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

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

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

2.8.11 Waste Management

The proposal includes a waste management plan with details of waste management during the demolition phase and the construction phase of building works. The site will require 3 x 660 litre garbage bins serviced two times per week, 9 x 240 litre recycling bins serviced weekly and 1 x 660 litre paper/cardboard bin. The site will need an additional 9 x 240 litre garbage bins and 5 x 240 litre recycling bins to swap over on each floor in the absence of a chute system.

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

A separate ground level bin storage and collection area is proposed on both sides of the driveway near the entrance. A site caretaker would cart the bins up the ramp to the collection area. A motorised trolley storage area and bin-lifter have been provided in the basement for this purpose. The waste collection vehicle (being a Small Rigid Vehicle) would reverse on to the truck standing area and egress in a forward direction. The collection area is sufficiently separated from the ground floor units and would not result in adverse amenity impacts due to noise and odour. The truck would only utilise the driveway area twice weekly and would not restrict useability of the access way by the residents of the building.

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

2.8.12 Station Street, Thornleigh Precinct

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

2.9 Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2012-2021 applies to the development as it would result in an additional 32 residential dwellings in lieu of the 4 existing residences. Accordingly, the requirement for a monetary Section 94 contribution is recommended as a condition of consent.

3. ENVIRONMENTAL IMPACTS

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

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The subject site and adjoining land contains exotic trees that are not protected under the HDCP (exempt species). Seven trees within the property would be removed to facilitate the construction of the building. None of the trees to be removed are considered significant trees or protected species.

The application is supported by an Arboricultural Impact Assessment Report. The report identifies a significant tree (Norfolk Island Pine – T1) at the south-eastern corner (rear) of the site. The design of the building and the basement would ensure retention of this tree.

A landscape plan has been submitted with the application that includes replacement planting with a range of large and medium canopy trees (10 in total) with a mix of small and medium shrub layers and ground covers.

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 seven trees on site subject to replacement planting in accordance with the approved landscape plan.

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

Post-development stormwater would connect to the existing drainage system within Station Street via an on-site detention tank located at the rear and then an existing easement via the adjoining downstream property at Nos. 5 – 7 Thornleigh Street (SP94031). The application does not include documentary evidence demonstrating that the existing allotments at Nos. 10 – 16 Station Street, Thornleigh have rights to drain over SP94031. Accordingly, approval of the proposal is recommended as deferred commencement requiring the creation and registration of an easement to drain water from the above properties over the downstream property at Nos. 5 – 7 Thornleigh Street, Thornleigh.

The stormwater concept plan incorporates a water quality treatment system within the on-site detention tank (stormwater filter cartridges and enviropods). The details of the 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.

3.2 Built Environment

3.2.1 Built Form

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

3.2.2 Traffic

The site has a frontage to Station Street, which is a local road with kerbside parking allowed on both sides. The site is also located in close proximity to Pennant Hills Road. A Traffic and Parking Impact Assessment submitted with the proposal estimates the traffic generation from the existing site and proposed development using RMS (Roads and Maritime Services) traffic generation rates of 2002. The net traffic generation is estimated to be 7 vehicle trips per hour (vtph) in the AM and PM peak hours. Council’s traffic assessment concludes that the traffic generation should be calculated utilising the RMS TDT 2013/04. Based on this, the nett traffic generation is estimated to be 3 vtph in the AM and 2 vtph in the PM peak hour which is negligible when compared with the traffic volumes on the adjacent road network.

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

3.2.3 Noise

The site is located in close proximity to Pennant Hills Road and future residents may be impacted upon road noise from the classified road. In this regard, the application is supported by an Acoustic Report assessing the impact of road noise on the residential development. The report recommends detailed construction techniques to alleviate any potential noise impact.

The proposal is assessed as satisfactory having regard to noise, subject to the implantation of the recommendations in the Acoustic Report.

3.3 Social Impacts

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

The location of the development is in close proximity to Thornleigh Railway Station and Thornleigh Marketplace, ALDI supermarket complex, recreational, health and education facilities for future residents.

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

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

The scale of the proposed development is consistent with the capability of the site and is considered acceptable. Accordingly, the site is considered to be capable of accommodating the proposed development in its current form.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 14/06/2016 and 9/08/2016 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received one submission. The map below illustrates the location of those nearby landowners who made a submission.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

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

· Unacceptable traffic on local streets and increase in traffic congestion.

The submission also made the following observations:

· The Statement of Environmental Effects incorrectly refers to the precinct being “Pacific Highway – Thornleigh Precinct”;

· The significant tree at the south-western corner should be retained;

· The proposed landscaping with canopy trees would not be established in the future; and

· A detailed traffic report should be prepared to accompany the development application.

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 Incorrect Reference

This is a typing error and would have no impact on the design of the development. The Statement of Environmental Effects refers to the correct property address.

5.1.2 Landscape Establishment

Establishment of the landscaping on site in accordance with the submitted landscape plan would be ensured via conditions of consent.

5.2 Public Agencies

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

6. THE PUBLIC INTEREST

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

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

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

CONCLUSION

The application proposes demolition of existing structures and construction of a five storey residential flat building comprising 36 units and basement car park.

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

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

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

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Survey Plan
3.View	Floor Plans - Part 1
4.View	Floor Plans - Part 2
5.View	Elevations and Sections - Part 1
6.View	Elevations and Sections - Part 2
7.View	Elevations and Sections - Part 3
8.View	Landscape Plan
9.View	Photomontage

File Reference: DA/686/2016

Document Number: D07058921

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 at Lots 9 - 12, Sec 4 DP 1854, Nos. 10 – 16 Station Street, Thornleigh over the downstream property SP 94031.

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

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

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.

2. Approved Plans and Supporting Documentation

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

Plan No.	Rev No.	Plan Title	Drawn by	Dated
DA-C04	C	Basement 2	Zhinar Architects	02/09/2016
DA-C05	C	Basement 1	Zhinar Architects	02/09/2016
DA-C06	C	Ground Floor	Zhinar Architects	02/09/2016
DA-C07	C	First Floor	Zhinar Architects	02/09/2016
DA-C08	C	Second Floor	Zhinar Architects	02/09/2016
DA-C09	C	Third Floor	Zhinar Architects	02/09/2016
DA-C10	C	Fourth Floor	Zhinar Architects	02/09/2016
DA-C11	C	Roof	Zhinar Architects	02/09/2016
DA-C12	C	Section 1	Zhinar Architects	02/09/2016
DA-C13	C	Section 2	Zhinar Architects	02/09/2016
DA-C14	C	Section 3	Zhinar Architects	02/09/2016
DA-C15	C	Section 4	Zhinar Architects	02/09/2016
DA-C16	C	Elevations 1	Zhinar Architects	02/09/2016
DA-C17	C	Elevations 2	Zhinar Architects	02/09/2016
DA-C18	C	Street Elevation	Zhinar Architects	02/09/2016
DA-C19	C	Material Schedule 1	Zhinar Architects	02/09/2016
DA-C20	C	Material Schedule 2	Zhinar Architects	02/09/2016
16073 DA1 - 2	A	Landscape Concept Plan	Vision Dynamics	19/05/2016
16073 DA1 - 2	A	Proposed Plant Schedule	Vision Dynamics	19/05/2016
SW001	B	Stormwater Basement 2	Mance Arraj	23/08/2016
SW002	B	Stormwater Ground level and other details	Mance Arraj	23/08/2016
SW003	A	OSD, Stormwater and Stormwater filter tank plan and details	Mance Arraj	17/05/2016

Document No.	Document Title	Prepared by	Dated
6968 – A	Details and Level Survey	SDG Land Development Solutions	19/01/2016
DA-C01 C	Cover Sheet	Zhinar Architects	02/09/2016
DA-A02 A	Urban Analysis	Zhinar Architects	23/05/2016
DA-A03 A	Site Analysis	Zhinar Architects	23/05/2016
DA-A21 A	Shadow Diagram	Zhinar Architects	23/05/2016
DA-A22 A	Sun View Study 1	Zhinar Architects	23/05/2016
DA-A23 A	Sun View +Compliance Schedule	Zhinar Architects	23/05/2016
DA-A24 A	Station Street Perspective	Zhinar Architects	23/05/2016
8484	Waste Management Plan	Skyblue Developments	17/05/2016
16112	Traffic and Parking Assessment Report	Varga Traffic Planning	28/04/2016
1764	Arboricultural Impact Assessment	Redgum Horticultural	16/03/2016
08465	Design Verification Statement	Zhinar Architects	December 2015
20160575.1	DA Acoustic Assessment Report	Acoustic Logic	11/05/2016
	Statement of Environmental Effects	Think Planners	19/05/2016
727170M	BASIX Certificate	ESD Synergy Pty Ltd	24/05/2016
1009311760	ABSA Certificate	ESD Synergy Pty Ltd	24/05/2016
16080	Access Compliance Report and Addendum	Vista Access Architects	23/05/2016 and 1/09/2016
	Stormwater Quality Management Plan and Mass Curve Analysis C	Mance Arraj	August 2016
	MUSIC Link report	Mance Arraj	Received on 12 September 2016
	Bin Lifter Details	Elephants Foot	Received on 12 September 2016

3. Amendment of Plans

a) To comply with Council’s requirement in terms of accessibility, the approved plans are to be amended as follows:

i) A total of 8 units (comprising 20% of the total yield) must include the required universal design features to achieve a silver level of universal design under the Liveable Housing Requirements.

Note: The designated eight units are in addition to the four units that are being nominated as adaptable units in the approved plans listed in Condition 2 of this development consent.

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

4. Construction Certificate

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

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

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

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

5. Section 94 Development Contributions

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

Description	Contribution (4)
Roads	$13,800.25
Open Space and Recreation	$295,099.75
Community Facilities	$129,586.75
Plan Preparation and Administration	$844.55
TOTAL	$439,331.30

being for 36 units including 12 x 1 bedroom, 20 x 2 bedroom and 4 x 3 bedroom units with a credit of 4 existing dwellings.

b) The value of this contribution is current as at 9 September 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

CPI_DC

Where:

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

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

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

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

c) The monetary contribution must be paid to Council:

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

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

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

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

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

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

6. 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

7. Building Code of Australia

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

8. Contract of Insurance (Residential Building Work)

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

9. Notification of Home Building Act, 1989 Requirements

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

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

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

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

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

i) The name of the owner-builder; and

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

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

10. Utility Services

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

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

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

11. Sydney Water – Approval

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

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

12. 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. Dilapidation Report

a) A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of all adjoining properties at No. 8 Station Street, No. 18 Station Street, Nos. 5 – 7 Thornleigh Street and No. 9 Thornleigh Street (both the houses at Lots 28 and 29 Sec 4 DP 1854) unless written agreement with the relevant body corporate or property owner is submitted to the PCA regarding the condition of the property.

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.

14. 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.

15. Stormwater Drainage

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

a) Connected directly to Council’s street drainage system in Thornleigh Street via the inter-allotment drainage system within the downstream property at SP94031.

b) The inter-allotment drainage system shall be designed by a Chartered Professional Civil/ Hydraulic Engineer of the Institution of Engineers, Australia and in accordance with Hornsby Council’s Civil Works Design Specification.

16. On Site Stormwater Detention

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

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

b) The storage volume must not be less than 23 m³ and maximum permissible discharge 43 litres per second;

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

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

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

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

g) Detail calculations are to be shown in construction certificate plan; and

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

17. Stormwater Quality Requirements

a) Stormwater quality treatment measures shall be designed generally in accordance with the approved plans listed in Condition 1 of this development consent, the submitted Stormwater Quality Management Plan Rev C dated August 2016 and the MUSIC Model outlined in the Music Link Report received on 12 September 2016.

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

18. Vehicular Crossing

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

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

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

c) The footway area must be restored by turfing; and

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

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

19. Road Works

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

a) Existing footpath along Station Street is to be replaced and new foot paths constructed;

b) The existing kerb and gutter along Station Street shall be replaced with new kerb and guttering;

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

d) 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; and

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

Note: A separate construction certificate application is to be submitted to Council for road works.

20. 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 shall be obtained from Council if a private accredited certifier is engaged to obtain a construction certificate for these works;

b) The driveway be a rigid pavement;

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

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

21. Construction Traffic Management Plan

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

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

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

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

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

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

i) Public notification of proposed works;

ii) Long term signage requirements;

iii) Short term (during actual works) signage;

iv) Vehicle Movement Plans, where applicable;

v) Traffic Management Plans;

vi) Pedestrian and Cyclist access and safety.

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

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

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

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

22. Pedestrian Traffic Management Plan

A Pedestrian Access Management Plan (PAMP) detailing the management and change of pedestrian movements managed during various stages of development, particularly during any partial or total closure of footpath, must be submitted to Council for approval.

23. Construction Management Plan

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

a) Noise attenuation measures be implemented along the northern, eastern and southern boundaries of the site adjoining residential developments;

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

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

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

24. Adaptable Units/Letter Boxes/Storage/Acoustics

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

a) The development is required to provide 4 units designed as adaptable housing pursuant to the requirements of 1C.2.2 of the Hornsby Development Control Plan 2013. In this regard, four (4) car parking spaces are to be designed for people with a disability and allocated to 4 accessible units;

b) A minimum of 20% of the units, being 8 units are to be designed in accordance with the Liveable Housing Guidelines (2012) silver level design;

c) The letter boxes must be located as shown on the approved plan DA – C06 Issue C;

d) The details of front fences must be in accordance with DA – C19 Issue C;

e) The plans must demonstrate compliance with the recommendations within Section 4.4 of the “DA Acoustic Assessment Report” prepared by Acoustic Logic dated 11/05/2016;

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

g) The wardrobe dimension for the master bedrooms in two and three bedroom units must have minimum dimensions of 1.8m (length) x 0.6m (depth) x 2.1m (high); and

h) All other bedrooms must include wardrobes with a minimum length of 1.5m.

25. Waste Management Details

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

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

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

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

d) The temporary bin standing area at the ground level must comply with the following requirements:

i) There must be no step, raised kerb, wall, retaining wall or any other obstacle between the waste collection/bin holding areas and the driveway for the first 6 m of the driveway;

ii) The collection area must be fully open to the driveway. Screening to a height of no less than 1.5 m should be provided on the other three sides of the waste collection area;

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

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

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

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

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

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

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

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

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

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

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

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

26. Erection of Construction Sign

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

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

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

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

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

27. Protection of Adjoining Areas

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

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

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

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

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

28. Toilet Facilities

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

b) Each toilet must:

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

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

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

29. Erosion and Sediment Control

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

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

30. Tree Protection Barriers

a) To safeguard the natural environment during the approved development works, tree protection fencing must be erected around tree No. 1 identified in DA-C06 Issue C Ground Floor Plan prepared by Zhinar Architects dated 2/09/2016 at nominated setbacks listed in the Arboricultural Assessment Report prepared by Red Gum Horticultural dated 16/03/2016.

b) The tree to be retained on site must have tree protection measures for the ground, trunk and canopy installed in accordance with the Australian Standard ‘Protection of Trees on Development Sites (AS 4970-2009) and the Arboricultural Assessment Report prepared by Red Gum Horticultural dated 16/03/2016.

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

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

REQUIREMENTS DURING CONSTRUCTION

31. Construction Work Hours

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

32. Demolition

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

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

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

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

33. Environmental Management

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

34. Street Sweeping

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

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

35. Works Near Trees

a) To protect T1, 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 T1 in accordance with Section 4.5.6 of AS4970 – 2009.

c) Any work within the nominated Tree Protection Zone of T1 must be carried out in accordance with the methods listed in the Arboricultural Assessment Report prepared by Red Gum Horticultural dated 16/03/2016 and the following requirements:

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

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

iii) The Structural Root Zone of the tree required must remain intact;

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

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

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

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

d) The Project Arborist must monitor and record any necessary remedial actions for maintaining tree health and condition required for tree No. 1.

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

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

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

36. Landfill

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

a) Prior to fill material bring 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.

37. 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.

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; and

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

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

39. 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.

40. Compliance During Construction Works

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

a) Traffic Control Plan (TCP);

b) Construction Management Plan (CMP);

c) Construction Traffic Management Plan (CTMP); and

d) Pedestrian Access Management Plan

41. Work Zones

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

b) The site supervisor must be advised that the Works Zone will be deemed to be in effect, and fees will apply, between the dates nominated by the supervisor, or when parking spaces are managed for the sole use of construction vehicles associated with the site;

c) The Works Zone signs must be in effect only for the times approved by Hornsby Shire Council, and the time is to be noted on the sign such as ‘Works Zone : Mon – Sat 7am – 5pm’;

d) A sign posting installation plan is to be submitted for referral to the Local Traffic Committee, noting on it the duration of the Works Zone.

e) The Works Zone is only to be used for the loading and unloading of vehicles. Parking of workers’ vehicles, or storage of materials, is not permitted.

42. Maintenance of Public Footpaths

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

43. Fulfilment of BASIX Commitments

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

44. Sydney Water – s73 Certificate

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

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

45. Certification of WSUD Facilities

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

46. 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.

47. 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.

48. Creation of Easements

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

a) The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention and water quality treatment 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 and water quality treatment system is to be clearly indicated on the title.

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

49. 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 and the following requirements:

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

b) The replacement tree(s) 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;

e) 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.

50. Retaining Walls

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

51. 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.

52. Boundary Fencing

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

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

53. 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.

54. 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.

55. 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”.

56. 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.

57. 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.

58. Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Council kerb & gutter, footpath, on-site detention and water quality treatment systems. The plan(s) must be accompanied by a certificate from a registered surveyor certifying that all pipelines and associated structures lie wholly within any relevant easements.

59. 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.

60. Waste Management

The following waste management requirements must be complied with:

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

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

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

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

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

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

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

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

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

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

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

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

Note: Ramps between different levels are acceptable.

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

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

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

j) A motorised bin cart, trolley, hoist or similar equipment must be provided to enable the site caretaker to safely cart the 660 litre bins between the basement and ground levels. This equipment must be suitable for the ramp grades along the bin carting route. Suitable space must be provided to store this equipment.

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

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

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

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

61. Final Certification – Tree Protection

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

62. Final Certification – Acoustics

A certificate must be submitted to the Principal Certifying Authority from an appropriately qualified Acoustic Consultant confirming that the building complies with the recommendations of the DA Acoustic Assessment Report prepared by Acoustic Logic dated 11/05/2016.

63. Safety and Security

a) This site must include the following elements:

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

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

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

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

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

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

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

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

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

64. 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 20 of this development consent;

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

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

d) Six (6) visitors’ spaces are to be provided at the basement level. Visitors are to be able to access the basement car park by an audio/visual intercom system located at the top of the ramped driveway;

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

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

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

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

OPERATIONAL CONDITIONS

65. 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).

66. 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.

67. 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.

68. 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.

69. Waste Management

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

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

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

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

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

Tree and Vegetation Preservation

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

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

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

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

Disability Discrimination Act

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

Covenants

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

Dial Before You Dig

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

Telecommunications Act 1997 (Commonwealth)

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

Asbestos Warning

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

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

Group Manager’s Report No. PL69/16

Planning Division

Date of Meeting: 12/10/2016

5 FURTHER REPORT - DEVELOPMENT APPLICATION - TORRENS TITLE SUBDIVISION OF ONE ALLOTMENT INTO THREE LOTS - 88 MALTON ROAD, BEECROFT

EXECUTIVE SUMMARY

DA No:	DA/320/2015 (Lodged on 24 March 2015)
Description:	Torrens Title subdivision of one allotment into three lots
Property:	Lot 41 DP 714483, No. 88 Malton Road, Beecroft
Applicant:	P S Graham and Associates
Owner:	Mr M and Mrs S Oboodi-Mehr
Estimated Value:	Nil

· The application involves the Torrens Title subdivision of one lot into three lots.

· The proposal complies with the minimum lot size of 600m² in the Hornsby Local Environmental Plan 2013 and generally complies the requirements of the Hornsby Development Control Plan 2013.

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

· The application was previously reported to Council on 11 May 2016. Group Manager’s Report No. PL29/16 recommended approval as a deferred commencement consent, requiring the submission of further details on vegetation management and civil design. Council resolved to defer consideration of the application to enable the applicant to provide additional information required by the deferred commencement condition. Additional information has been received as is assessed as satisfactory.

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/320/2015 for Torrens Title subdivision of one allotment into three lots at Lot 41 DP 714483, No. 88 Malton Road, Beecroft be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL69/16.

BACKGROUND

This is an addendum report to Group Manager’s Report No. PL29/16, a copy of which is provided as an attachment to this report.

On 11 May 2016, Council considered the subject application in Group Manager’s Report No. PL29/16, and resolved that:

1. Consideration of Development Application No. DA/320/2015 for Torrens Title subdivision of one allotment into three lots at Lot 41 DP 714483, No. 88 Malton Road, Beecroft be deferred to enable the applicant to submit additional information for assessment by Council that addresses the matters outlined in Consent Condition 1 of Schedule 1 to Group Manager’s Report No. PL29/16 as follows:

1.1 An amended plan of subdivision and driveway long section that modifies the crossing to Malton Road to facilitate the retention of Tree 70.

1.2 A detail survey to locate the stormwater pipe between Lots 2 and 3 so that the stormwater pipe is located between the rock boulders, rather than over an embankment.

1.3 An Integrated Vegetation and Fire Management Plan for the retained bushland at the rear of the site.

1.4 A Landscape Plan that is generally consistent with the concept plan annotated in red on the Landscape Plan by PS Graham & Associates dated 20 January 2016.

2. The additional information requested in point 1 above, and any other information relevant to Council making a final determination, be submitted within three months, after which the application be referred to Council for determination.

In June 2016, the applicant provided a response to the above Council resolution. This included an amended plan of subdivision, an amended landscape plan and amended Vegetation and Fire Management Plan. Council officers reviewed the information and requested further clarification.

On 1 September 2016, further amended plans and documents were submitted to Council, comprising an amended plan of subdivision, an amended landscape plan and amended Vegetation and Fire Management Plan. These plans and documents are the subject of this report.

SITE

The site has an area of 3,767m² and is located on the south-western side of Malton Road, Beecroft. Detailed information is provided in Group Manager’s Report No. PL29/16, at Attachment 2 to this report.

THE AMENDED PROPOSAL

The proposal is for the Torrens title subdivision of one allotment into three lots comprising the following:

Lot 1 964m² (934m² excluding row) to accommodate an existing two storey dwelling house

Lot 2 1350m² (1186m² excluding row)

Lot 3 1452m² (1303m² excluding row)

The following summarises key aspects of the amended proposal compared with the proposal considered by Council on 11 May 2016:

· A modified driveway crossing to Malton Road, to relocate the driveway works away from the tree roots of Tree No.70;

· Modified driveway details, including timber retaining walls within the 4m wide carriageway to Lots 2 and 3;

· Modified stormwater drainage easement between Lots 2 and 3, to minimise removal of the existing rock boulders;

· Consolidation of the stormwater level spreader dispersal system onto Lot 3, away from the existing trees on Lot 2;

· The addition of a 10m wide vegetation buffer adjacent to the 20m wide restricted development area;

· A landscape plan that provides for revegetation of the 10m wide buffer area; and

· The provision of an Integrated Vegetation Rehabilitation and Bushfire Management Plan

ASSESSMENT

1. STRATEGIC CONTEXT

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

The proposed development would be consistent with ‘A Plan for Growing Sydney’, by providing additional residential lots 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 amended proposal continues to constitute ‘subdivision’ which is permissible with development consent in the R2 Low Density Residential Zone (the R2 Zone) under the Hornsby Local Environmental Plan 2013 (HLEP).

2.1.2 Minimum Lot Size

The amended proposal has a minimum lot size of 934m² (excluding row) which complies with clause 4.1 of HLEP which provides for a minimum lot size of 600m².

2.1.3 Heritage Conservation

The amended proposal does not result in a modification to the heritage assessment that concluded that the proposed subdivision has minimal impact on the heritage significance of the Conservation Area and the adjacent heritage item, subject to appropriate modifications to the plans that have been undertaken.

2.1.4 Earthworks

The amended proposal does not result in a modification to the earthworks assessment.

2.1.5 Flood Planning

The amended proposal does not result in a modification to the flood planning assessment.

2.1.6 Terrestrial Biodiversity

Clause 6.4 of the HLEP applies to land identified as “Biodiversity” on the Terrestrial Biodiversity Map. This clause does not apply to the application as none of the subject site is mapped as “Biodiversity”. An assessment of the site’s flora and fauna is provided at Section 3.1 of this report.

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

The amended proposal does not result in a modification to the SEPP 55 assessment.

2.3 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

The amended proposal does not result in a modification to the SREP (Sydney Harbour Catchment) assessment.

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

2.5 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 amended proposal does not result in any substantive change to the assessment previously undertaken in Group Manager’s Report PL29/16. The modified plan of subdivision results in a minor reduction in the area of Lot 1 from 946m² to 934m², excluding the right of way. However, this modification is inconsequential in relation to the development’s compliance with the prescriptive provisions of the HDCP.

A discussion of the modifications required by the deferred commencement conditions recommended in Group Manager’s report PL29/2016, and the applicant’s response to these matters, is provided below:

2.5.1 Amended Plan of Subdivision

Requirement: An amended plan of subdivision and driveway long section that modifies the crossing to Malton Road to facilitate the retention of Tree 70.

Response: An amended subdivision site plan is provided that indicates a bitumen crossing that is setback from Tree 70. There is no modified long section. In addition, there is no passing bay on-site and retaining walls are introduced that reduce the carriageway width, contrary to the previous recommended conditions and Council’s HDCP controls.

Comment: The modified subdivision plan does not address all the requirements of the previous recommended conditions.

The amended consent conditions in Schedule 1 require a passing bay to be provided. This may require a minor reduction in the net area of Lot 1 (excluding the right of way). However, as Lot 1 is currently 934m² (excluding the right of way), this will not impact on the compliance of Lot 1 with the minimum lot size provisions in the HLEP. This is addressed by recommended consent conditions that require the driveway design to be amended to include a passing bay and address the Heritage assessment comments requiring the extent of hard paved area in the front setback be kept to a minimum.

The amended consent conditions require the long section previously provided dated January 2016 to be updated to reflect the passing bay and modified vehicle crossing at Malton Road.

The amended plan of subdivision includes retaining walls within the 4m wide driveway to Lots 2 and 3. The Rural Fire Service (RFS) advised Council on 7 August 2015 that where the proposed width of the access-handle is 4m, this is adequate provided that there are no obstructions along the driveway, such as landscaping or kerbs and gutters. If kerbs and gutters are proposed, rolled kerbs and a grass verge is not considered an obstruction. Pursuant to Section 91A(3) of the Environmental Planning and Assessment Act, a development consent must be consistent with the general terms of approval issued by an Integrated Development authority. This is addressed by the recommended consent conditions that ensure the development is consistent with the RFS General Terms of Approval.

2.5.2 Stormwater Drainage Easement

Requirement: A detail survey to locate the stormwater pipe between Lots 2 and 3 so that the stormwater pipe is located between the rock boulders, rather than over an embankment.

Response: An amended subdivision site plan has been provided that indicates rock boulders along the boundary between Lots 2 and 3. As a result, the location of the proposed drainage easement has been modified. The plan indicates that part of an existing rock boulder on Lot 2 will need to be cut to accommodate the stormwater pipe from the driveway. The amended plan of subdivision consolidates the stormwater level spreader onto Lot 3.

Comment: The relocated stormwater drainage easement is acceptable and addressed by consent conditions. The consolidation of the stormwater level spreader onto Lot 3 is supported as it avoids works within the existing group of trees located to the south of the building envelope on Lot 2. The recommended consent conditions require the stormwater management plan to be updated to reflect this amended concept.

2.5.3 Integrated Vegetation and Fire Management Plan

Requirement: An Integrated Vegetation and Fire Management Plan for the retained bushland at the rear of the site.

Response: An amended Integrated Vegetation and Fire Management Plan dated 26 August 2016 has been received by Council.

Comment: The Plan is assessed as satisfactory subject to the imposition of consent conditions that ensure consistency with the landscape plan and clarify the time frame for remediation works.

2.5.4 Updated Landscape Plan

Requirement: Landscape Plan that is generally consistent with the concept plan annotated in red on the Landscape Plan by PS Graham & Associates dated 20 January 2016.

Response: An amended landscape plan by Aspect Design has been submitted that addresses the landscape treatment to the buffer area. The plan does not incorporate the approved landscape plan for DA/924/2013, but rather identifies that the approved plan applies to Lot 1. A copy of the approved plan for DA/924/2013 is included as Attachment 5.

Comment: The Landscape Plan addresses the treatment of the buffer zone at the rear of the site and is satisfactory subject to modifications that ensure consistency with the Integrated Vegetation and Fire Management Plan. The approved landscaping on Lot 1 is to be modified by the new driveway works in the front setback, the erection of any necessary retaining walls along the right of way, and the need to provide canopy trees outside of the new driveway works. This is addressed by consent conditions.

2.6 Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2014-2024 applies to the development as it would result in an additional 3 residential lots in lieu of the 1 existing residence. 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 amended landscape plan identifies trees to be removed within the building envelopes. While these trees will need to be removed in the future, removal at subdivision stage is unnecessary. These trees are generally located on embankments and the removal would require site stabilisation measures that should and would occur at the time of dwelling house construction. Therefore, the consent conditions do not approve their removal at this stage.

3.1.2 Stormwater Management

The amended stormwater management plan is acceptable subject to the application of recommended consent conditions.

3.2 Built Environment

3.2.1 Built Form

The amended plans and consent conditions satisfactorily address the civil works required to be implemented as part of the subdivision approval.

3.2.2 Landscaping

The amended landscape plan is discussed at 2.5.4 of this report.

3.3 Social Impacts

The amended plans do not result in any social impacts.

3.4 Economic Impacts

The amended plans do not result in any economic impacts.

4. SITE SUITABILITY

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

The subject site is identified as suitable for the proposed development, as previously discussed in Group Manager’s Report PL29/16.

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 application has been formally exhibited to the community twice, as previously discussed in Group Manager’s Report PL29/16.

The amended plans were not re-exhibited as they are responding to recommended deferred commencement conditions and do not alter the amenity impacts of surrounding properties. The proposal to remove trees from the property as part of the subdivision works is not agreed, and is addressed in the recommended consent conditions.

5.2 Public Agencies

The development application was referred to Public Agencies for comment as previously discussed in Group Manager’s Report PL29/16.

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 subdivision of one lot into three lots.

The proposed development has been previously assessed in Group Manager’s Report PL29/16. The applicant has submitted additional information including an amended plan of subdivision, an amended landscape plan and amended Vegetation and Fire Management Plan. These documents are acceptable, subject to the imposition of recommended consent conditions.

It is recommended that the Council approve the application.

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Landscape Plan - Lot 1 Crossing
3.View	Subdivision Plan
4.View	Subdivision Landscape Plan
5.View	Detailed Landscape Plan
6.View	Vehicular Access Details
7.View	Driveway Long Sections
8.View	Detailed Driveway Crossing
9.View	Group Manager's Report No. PL29/16

File Reference: DA/320/2015

Document Number: D07060735

SCHEDULE 1

GENERAL CONDITIONS

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

1. Approved Plans and Supporting Documentation

Plan No.	Plan Title	Drawn by	Dated
S15079	Detail Survey	P S Graham	30.4.2013
S15079-C	Revised Plan of Subdivision	P S Graham	16.8.2016
S15079-A	Long Section	P S Graham	20.1.2016
16001 Dwg 2 Issue E	Stormwater Management Plan	Chrisp Consulting	03.2.2016
2016.0302CC1	Existing Landscape Plan for Lot 1 – DA/924/2013	TGS Landscape Architects	25.5.2016
10816 LD01	Subdivision Landscape Plan	Aspect Design	August 2016

Document Title	Prepared by	Dated
Arborist Impact Assessment	McArdle Arboricultural	02.4.2015
Flora and Fauna Assessment	Ambrose Ecological Services	08.3.2015
Preliminary Geotechnical Report	JK Geotechnics	27.08.2015
Bushfire Protection Assessment Report	Australian Bushfire Protection Planners	10.3.2015
Integrated Vegetation Rehabilitation and Bushfire Management Plan	Toolijooa Environmental Restoration	26.08.2016

2. Removal of Existing Trees

a) This development consent permits the removal of trees numbered 51, 52 and 61 as identified on the Detail Survey Plan prepared by P S Graham dated 30.4.2013, and the removal of weed trees as described within the Integrated Vegetation Rehabilitation and Bushfire Management Plan by Toolijooa Environmental Restoration dated 26.08.2016.

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

c) The removal of trees identified in red on the Subdivision Landscape Plan by Aspect Designs dated August 2016 is not approved. The trees shall remain in-situ to ensure that soil stabilisation on undulating topography is maintained until such time as a dwelling house is constructed on Lots 2 and 3 in accordance with a future development consent.

3. Amendment of Plans

a) To comply with Council’s requirements and the RFS requirements for driveway design, the Plan of Subdivision by P S Graham dated 16.8.2016 is to be amended as follows:

i) A passing bay of 5.5 m wide and 6m long shall be constructed at the northern boundary of lot 1, adjacent to Malton Road, generally in accordance with the modifications in red;

ii) The right of way serving Lots 2 and 3 is to have a 4m wide unencumbered width, requiring retaining walls above ground to be relocated outside of the 4m wide carriageway.

b) The Landscape Plan by Aspect Design dated August 2016 is to be amended as follows:

i) Identify the location of the management precincts that correspond with the Integrated Vegetation Rehabilitation and Bushfire Management Plan (prepared by Toolijooa dated August 2016);

ii) Cross-reference and specify that the management precincts shall be managed in accordance with the Integrated Vegetation Rehabilitation and Bushfire Management Plan. Update the legend accordingly as stated above;

iii) Identify that “Trees to be Removed” as dotted in red are to be removed in the future, subject to a future dwelling house approval;

iv) The existing landscaping and driveway on Lot 1 depicted on the Landscape Plan by TGS Landscape Architects dated 25.5.2016, is to be amended by:

a. the modified driveway works in the front setback as required by Condition 3a) and to minimise the extent of pavement as depicted in red on the approved plan;

b. the erection of retaining walls adjacent to the row, as required by Condition 3a);

c. the provision of two canopy trees in the front setback, outside of the new driveway works;

d. modification to the landscaped bank at the rear of Lot 1 to have a maximum gradient of 18 degrees (being 33 percent) to comply with the RFS General Terms of Approval at Condition 42, as depicted in red on the approved plan;

c) To comply with Councils requirement to minimise impacts on the bushland and trees at the rear of the site, the Stormwater Management Plan by Chrisp Consulting dated 3.2.2016 is to be amended as follows:

i) The stormwater outlet spreader to service the development is to be consolidated on Lot 3, generally in accordance with the concept on the Plan of Subdivision by P S Graham dated 16.8.2016;

ii) The drainage easement is to be modified generally in accordance with the revised Plan of Subdivision by P S Graham dated 16.8.2016.

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

4. Revocation or Modification of Existing Consent

Pursuant to Section 80A(1)(b) of the EP&A Act, the applicant is required to give notice to Council pursuant to Clause 97 of the EP&A Regulation to amend Condition No.13 of DA/924/2013 to replace the approved landscape plan with the Landscape Plan by Aspect Designs, as amended by the consent conditions for DA/320/2015.

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	$3,989.50
Open Space and Recreation	$25,950.60
Community Facilities	$9,976.20
Plan Preparation and Administration	$83.70
TOTAL	$40,000.00

being for 2 additional lots.

b) The value of this contribution is current as at 27 September 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. 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.

8. 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;

c) The footway area must be restored by turfing;

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

9. Driveway Crossing Materials and Design

In addition to any other driveway design requirements required under this consent, in order to minimise the impact of the crossing on the Heritage Conservation Area, the street should remain un-kerbed and the driveway crossing should be a dark recessive colour similar to bitumen.

10. Internal Driveway/Vehicular Areas

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

a) A passing bay of 5.5m width and 6m length is to be constructed at the northern boundary of Lot 1, close to Malton Road.

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

c) The driveway be a rigid pavement and accommodate a 15 tonne loading.

d) The driveway pavement be a minimum 3 metres wide, 0.15 metres thick reinforced concrete with F72 steel reinforcing fabric and a 0.15 metre sub-base.

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

g) 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. The reduced levels of the common turning area on Lots 2 and 3 are to be generally consistent with the Long Section Plan by P S Graham dated 20.1.2016, to maintain the approved level of cut and fill in this location.

h) Longitudinal sections along both sides of the access driveway shall be submitted to the principal certifying authority in accordance with the relevant sections of AS 2890.1. The maximum grade shall not exceed 1 in 4 (25%) with the maximum changes of grade of 1 in 8 (12.5%) for summit grades and 1 in 6.7 (15%) for sag grades. Any transition grades shall have a minimum length of 2 metres. The longitudinal sections shall incorporate the design levels obtained by Council. The design is also to comply with the requirements of the Rural Fire Service in Condition No.45.

i) Retaining walls required to support the carriageway and the compaction of all fill batters must be to be in accordance with the requirements of a chartered structural engineer and supported by a report from a chartered geotechnical engineer of the Institution of Engineers, Australia.

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

k) 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.

11. Stormwater Drainage – Land Adjoining Bushland and Creek

a) An inter-allotment stormwater drainage system to service the proposed subdivision with pits being cast in situ or pre-cast concrete pits being used

b) The driveway shall be drained via an on–site-detention system of 5m³and discharge limited to 8 litres per second. From the on- site-detention system stormwater shall be discharged by a level spreader so as not to cause soil erosion.

c) The on–site-detention system serving the driveway is to be located underneath the approved car turning area.

d) In addition, the on-site level spreader dispersion system must be designed and constructed to accommodate stormwater discharge from future dwellings on Lots 2 and 3, each with an on–site-detention system of 5m³and discharge limited to 8 litres per second.

e) The stormwater drainage system must be designed by a qualified civil engineer.

12. Fire Hydrant Location

The reticulated water main should be extended from the street in Malton Road to provide a new hydrant located to comply with AS2419.1-2005. A qualified bushfire consultant is to certify that the hydrant complies with AS2419.1. The hydrant is also to be sited to avoid impacts on street trees and comply with AS4970.

13. Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of the following adjoining properties:

a) No. 90 Malton Road

b) No. 86A Malton Road.

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

15. Engineering Details for Work Near Trees

Engineering details for all work must be provided to Council and the PCA showing the construction techniques to be implemented to protect trees on the site and in the road reserve in accordance with AS4970. The engineering details must form part of the Construction Certificate documentation.

16. Works Near Tree 70 and Root Mapping

a) Tree No.70 has a Tree Protection Zone (TPZ) of 8.4m and a Structural Root Zone (SRZ) of 2.9m, measured from the trunk pursuant to AS4970-2009.

b) Where excavation or construction work is proposed within the Tree Protection Zone (TPZ) of tree 70 the presence, size and depth of the root system must be determined using non-destructive exploratory techniques.

c) The works must be carried out under the direction and supervision of the Project Arborist in accordance with AS 4970-2009 (Clause 3.3.4).

d) The root mapping must occur at a distance greater than 4.5m from the edge of the trunk of the tree T70.

e) A report must be submitted by the Project Arborist to Council and the Principal Certifying Authority detailing the results of the root mapping, showing the location of any identified roots and the location and proposed construction techniques for the structure and any associated services.

f) Details of the methods proposed to protect the tree during the construction period must be provided as part of the certification for this development.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

17. 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.

18. 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.

19. 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.

20. Tree Protection

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 (1.4.4).

21. Tree Protection Zones (TPZ)

a) Tree protection fencing must be installed around trees numbered 70, 67, 68, 69, 40, 42, and 47, as identified on the Landscape Plan, prepared by Aspect Designs dated August 2016 at the distances determined by AS 4970-2009 (Clause 3.2).

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

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

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.

e) Permanent marking of the Restricted Development Area to ensure construction stockpiles and machinery remains outside of this area

22. Tree Protection Certification

Certification must be provided (prior to any other work) by the Project Arborist to the Principal Certifying Authority stating that all required tree protection measures have been installed in accordance with AS 4970-2009 (Clauses 5.3.2 and 5.4.2).

REQUIREMENTS DURING CONSTRUCTION

23. 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.

24. Environmental Management

Erosion and sediment control measures must be provided and maintained throughout the construction period. The erosion and sediment control devices must remain in place until the site has been stabilised and revegetated.

Note: On the spot penalties up to $1,500 may be issued for any on-compliance with this requirement without any further notification or warning.

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. 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.

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. Excavation of Rock

Any rock excavation required for the subdivision works such as the installation of the driveway is to be undertaken by rock sawing rather than rock breaking and in accordance with the requirements of a Geotechnical Engineer.

30. Works Near Trees

a) All Tree Protection Zones must be monitored and maintained by the Project Arborist in accordance with AS 4970-2009 (Clause 5.4.3)

b) All work in Tree Protection Zones must be approved by the Project Arborist.

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

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

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

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

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

h) Where works have been undertaken within the Tree Protection Zone of a tree the Project Arborist must assess the condition of tree(s) 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;

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

ix) The nature strip is to be remediated (all non-locally indigenous grasses and weeds removed) and revegetated with locally indigenous species which include canopy and mid-storey trees and shrubs and ground-covers in indicative of Blackbutt Gully Forest, at recognised best practice spacing. A restoration plan showing the proposed nature strip remediation and restoration is to be provided to Council and the PCA for approval prior to commencement of any works.

31. Removal of Weed Trees in Restricted Development Area

An ecologist shall be on site during tree clearing works to ensure fauna is relocated. Prior to the approved removal of hollow bearing trees the applicant is to carry out the following actions to prevent harm to native wildlife:

a) Ensure the trees are removed in sections by a qualified Tree Surgeon just prior to dusk when roosting animals would be alert and likely to disperse ‘naturally’ from the site. Ensure that trees are knocked several times (with a hammer etc.) to alert any roosting animals of the possibility of danger. Ensure that all tree hollows are be examined prior to and immediately after their removal to ensure roosting animals are free from danger.

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

c) Certification by the Project Ecologist is to be provided to Council’s Natural Resources Unit.

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. Creation of Easements

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

a) A right of access and easement for services over the access corridor;

b) An inter-allotment drainage easement(s) over each of the burdened lots;

c) The creation of a “Positive Covenant” over the proposed Lots 2 and 3 requiring that any future development is to provide an on-site detention system and from the on-site detention systems, stormwater shall be dispersed by a level spreader. Each on-site detention system is to have a storage capacity of 5 cubic metres and a maximum discharge of 8 litres per second in accordance with Council’s prescribed wording;

d) The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention/retention system for the driveway 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;

e) 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;

f) An easement for letterboxes shall be created over the burdened lot/s. 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.

35. Restriction as to User – Protection of Land from Future Development

To inform current and future owners that the areas of native vegetation and habitat on the site are to be protected from future development, a Restriction as to User must be created under Section 88B of the Conveyancing Act, 1919 identifying the area of the site shown on the approved plans is that restricted from future development. The restriction is to identify that:

a) A Restricted Development Area (Area E) for the width of Lots 2 and 3 and a depth of 20m is to be created adjacent to the rear boundary. This area is to be maintained as bushland and restricted from disturbance.

b) A Restricted Development Area buffer (Area B) for the width of Lots 2 and 3 and a depth of 10m, adjacent to the RDA identified at (1) above. This area is to be restricted from future building works and maintained as an Inner Protection Area containing remnant native trees and revegetated.

c) The Restricted Development Area (RDA) restriction must specify that:

i) RDA Areas E and B are to be managed in accordance with an Integrated Vegetation and Fire Management Plan approved by Council.

ii) RDA area E is clearly marked and identified onsite in perpetuity.

iii) Machinery other than hand held must remain outside Areas E and B.

iv) All natural landscape features such as natural rock outcrops, native vegetation (trees, shrubs and groundcovers), soil and watercourses are to remain undisturbed, except only where affected by necessary works detailed on an approved plan with Council’s written consent.

v) Hard stand or paved private open space areas must be limited to land outside Areas E and B.

Note: The wording of the Restriction as to User must be to Council’s satisfaction and Council must be nominated as the authority to release, vary or modify the Restriction.

36. Bushland Restoration

To ensure the regeneration of bushland, the applicant must ensure the following:

a) All noxious weeds must be removed and suppressed using recognised bush regeneration methods in accordance with ‘Recovering bushland on the Cumberland Plain: Best practice guidelines for the management and restoration of bushland – Department of Conservation 2005’.

b) The erection of a physical barrier that extends a minimum 20mm below ground surface and 80mm above ground surface along the edge of all turf areas, to prevent the spread of exotic grasses or weeds into the bushland area.

c) The planting of locally indigenous trees a minimum of 4 metres from the building envelopes and protected with tree guards as depicted in the approved Vegetation Management Plan and Landscape Plan.

d) To ensure that the management precincts as identified within the Landscape Plan and Vegetation Management Plan requiring treatment is clearly defined to survey detail, the boundary of these areas shall be marked with permanent metal stakes to prevent any activities occurring that are inconsistent with the approved Plans.

e) A qualified and experienced consultant shall tag the trees identified within the approved Landscape Plan.

f) Certification by an ecologist or similarly qualified and experienced person that the bushland has been adequately protected and regenerated in accordance with the requirements of this consent.

Note: Advice on appropriate bush regeneration methods and the removal of noxious and environmental weeds can be obtained from Council’s Bushland and Biodiversity Management Team on 9847 6542.

37. Maintain Canopy Cover

Green Offset Replacement Planting

a) To offset the loss of trees on Lot 1, four (4) canopy trees must be planted on Lot 1.

b) The replacement planting must be species selected from Council’s booklet ‘Indigenous Plants for the Bushland Shire’ indicative of Blackbutt Gully Forest Vegetation Community and must include canopy trees with a mature growth height of 12 metres or greater.

Location and Size of Plantings

a) Tree plantings must be located 4 metres or greater from the foundation walls of the approved development.

b) Two trees are to be planted in the front setback of Lot 1 and two trees are to be planted in the rear yard of Lot 1.

c) The pot size of the replacement tree(s) must be a minimum 25 litres.

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

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

38. Boundary Fencing

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

Fencing must be erected along all property boundaries behind the front building alignment to a height of 1.8 metres, to at least the southern extent of the indicative building envelopes on Lots 2 and 3.

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

39. Arborist Certification

Following the final inspection and the completion of any remedial tree 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 the relevant conditions of consent. All certificates and documentation relating to the protection of trees must be included in the Final Certification.

40. 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.

OPERATIONAL CONDITIONS

41. Vegetation Management Plan Compliance

The development must be carried out in accordance with the approved Integrated Vegetation Rehabilitation and Bushfire Management Plan (VMP) (prepared by Toolijooa dated August 2016), and in accordance with the consent conditions, and the following:

a) The sequence and timing of actions identified in Table 6 of the VMP shall be implemented during the 5 year period as follows:

Development Milestone/ Timing	Description of Works in Table 6 of VMP
Activation of the Consent or Issuance of Construction Certificate	Pre-construction works identified in Year 1 in Table 6 must commence immediately after either the Modification of the existing consent DA/924/2013 as per Condition 4 of DA/320/2015 OR the Issuance of a Construction Certificate under DA/320/2015, whichever occurs first.
Commencement of Work on-site	Month No. 1 in Year 1 in Table 6 commences in the same month that works commence on site pursuant to DA/320/2015.
Prior to issue of Subdivision Certificate	All works identified during months 1 to 12 (Year 1) in Table 6 of the VMP must be completed prior to issue of the subdivision certificate. Note: These VMP actions may be undertaken quicker than the 12 month period as long as they are undertaken in strict accordance with the Plan.
After the issuance of a Subdivision Certificate until 5 year VMP period has expired	Month No. 1 in Year 2-5 in Table 6 commences in the same month of the issuance of a subdivision certificate. All works identified during months 1 to 12 (Years 2-5) in Table 6 of the VMP must be undertaken after the issuance of the Subdivision Certificate for a minimum period of 4 years.

b) Documentation is to be submitted to Council and the PCA by an independent project ecologist demonstrating compliance with the development milestones. The actions in Table 6 of the VMP must be satisfactorily implemented by reference to the actions and performance measures in Table 5 of the VMP.

GENERAL TERMS OF APPROVAL – RURAL FIRE SERVICE

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

42. At the issue of Subdivision Certificate and in perpetuity, the entire property (except for the 'Restricted Development Area' as identified on the submitted subdivision plan) 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'.

43. For inner protection areas (IPA) on slopes greater than 18 degrees, the property shall be landscaped or managed (e.g. terracing) with suitable access being provided to the IPA to ensure the ongoing maintenance of the area

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

45. The proposed access-handle for Lot(s) 2 and 3 shall comply with the following requirements of section 4.1.3 (2) - Property Access of 'Planning for Bush Fire Protection 2006':

a) The capacity of road surfaces are capable of carrying a load of 15 tonnes.

b) A minimum carriageway width of 4 metres.

c) A minimum vertical clearance of 4 metres to any overhanging obstruction, including tree branches.

d) Curves have a minimum inner radius of six metres and are minimal in number to allow for rapid access and egress.

e) The crossfall is not to exceed 10 degrees.

f) Maximum grades for sealed roads do not exceed 15 degrees and not more than 10 degrees for unsealed roads.

Note: The RFS clarified that the minimum carriageway refers to an unobstructed 4m wide access. In this instance where the proposed boundary width of the access-handle is 4m, this is adequate provided that there are no obstructions along the driveway, such as landscaping or kerbs and gutters. If kerbs and gutters are proposed, rolled kerbs and gutters and a grass verge is not considered an obstruction.

46. Landscaping within the inner protection area (IPA) is to comply with the principles of Appendix 5 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.

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.

Covenants

Subdivision Certificate Requirements

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

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

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

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

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

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

Fees and Charges – Subdivision

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

Dial Before You Dig

Telecommunications Act 1997 (Commonwealth)

Received Tenders
1	Fleck Earthmoving NSW Pty Ltd
2	GLG Greenlife Group Pty Ltd
3	House With No Steps
4	Swetha International Pty Ltd

1.View	HSC Investment Holding Report - August 2016
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1.View	Confidential Memo - Tender T11/2016 - Hire of Plant and Equipment - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.
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2.View	Tender Evaluation Report - RFT15/2016 - Grass Cutting of Roadsides - This attachment should be dealt with in confidential session, under Section 10A (2) (d) of the Local Government Act, 1993. This report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret.