Agenda of General Meeting - 11 October 2017

Group Manager's Report No. PL51/17

Planning Division

Date of Meeting: 11/10/2017

11 DEVELOPMENT APPLICATION - TOWNHOUSE DEVELOPMENT COMPRISING OF 13 DWELLINGS - 503 AND 505 PACIFIC HIGHWAY, MOUNT COLAH

EXECUTIVE SUMMARY

DA No:	DA/306/2017 (Lodged on 3 April 2017)
Description:	Demolition of existing structures and construction of a two-storey, multi dwelling housing development with attics comprising 13 townhouses over basement car parking
Property:	Lot 3 DP 100320, Lot 4 DP 1053450, Nos.503 and 505 Pacific Highway, Mount Colah
Applicant:	MacKenzie Architects International
Owner:	Mrs Jane Platts and Mr Chia Lin Yuan
Estimated Value:	$5,230,000
Ward:	A

· The application involves demolition of existing structures and construction of a two-storey, multi dwelling housing development with attics comprising of 13 townhouses over basement car parking.

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

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

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

RECOMMENDATION

THAT Development Application No. DA/306/2017 for demolition of existing structures and construction of 13, two-storey townhouses with attics over basement car parking at Lot 3 DP 100320, Lot 4 DP 1053450, Nos.503 and 505 Pacific Highway, Mount Colah 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. PL40/17.

BACKGROUND

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

The application was lodged on 3 April 2017 proposing construction of a residential flat building comprising 13 units and basement car parking.

Following an initial assessment of the application, request for additional information letters were sent to the applicant on 25 May 2017 and 13 July 2017, raising concerns regarding the design of the development, landscaping, stormwater design and driveway design. Amended plans were received on 31 July 2017 to address these issues by incorporating greater articulation to the front and rear façade and modifying the landscape plan to include the on-site detention system. Further amended plans were submitted to Council on 15 September 2017 to address stormwater drainage and driveway levels. The amended plans are subject of this report.

The site adjoins Nos.497 to 501 Pacific Highway, Mount Colah, to the south which is the subject of a proposal for the erection of 17 townhouses over basement car parking. Development Application No.706/2017 is currently under assessment and will be the subject of a report to Council at a future Council meeting.

SITE

The site comprises two allotments located on the western side of the Pacific Highway, Mount Colah. The site has an area of 1,673m²and a 36.7m frontage to the road. The site experiences a fall of 1.6m to the southern, side boundary.

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

The site is located approximately 1.1km north of Asquith Railway Station and the Asquith Commercial Centre. The surrounding area includes low density single and two storey residential dwellings on both sides of the Pacific Highway and forms part of a redevelopment precinct zoned for two storey townhouse style developments which is undergoing transition. The site adjoins R2 Low Density Residential zoned land towards the western boundary. The site is 80m to the south of the Mount Colah commercial centre located to the north of Willarong Road.

PROPOSAL

The application proposes the demolition of the existing structures and construction of a two-storey multi dwelling housing development with attics comprising 13 units over basement car parking. The townhouses are proposed in two rows with a central courtyard accommodating private open space areas and a common walkway.

The unit configuration includes 12 x 3 bedroom dwellings and 1 x 4 bedroom dwelling with ground level open space fronting the street and rear setbacks. Pedestrian access to the basement carpark is provided via a lift and stairwell within the central courtyard.

The development would be accessed from the Pacific Highway via a driveway located adjacent to the southern boundary of the site. A total of 32 car parking spaces are proposed including 29 residential car spaces, 3 disabled car spaces, 3 visitors car spaces, bicycle and motorcycle parking, an on-site stormwater detention system, a garbage storage area and a truck turning area facilitating access for Small Rigid vehicles (SRV) in a two storey basement level.

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

ASSESSMENT

The development application has been assessed having regard to ‘A Plan for Growing Sydney’, the ‘Draft North District Plan’ 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 District Plan

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 11 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 R3 Medium Density Residential under the HLEP. The objectives of the zone are:

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

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

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

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

2.1.2 Height of Buildings

2.1.3 Heritage Conservation

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

2.1.4 Earthworks

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

Council’s assessment of the proposed earthworks and excavation concludes that the proposal is satisfactory subject to conditions regarding submission of a dilapidation report assessing the impact of the excavation on the adjoining properties, a condition requiring excavated material to be classified by a suitably qualified person in accordance with the Department of Environment, Climate Change and Water NSW Waste Classification Guidelines to an approved waste management facility and a condition requiring certification be obtained from a suitable qualified environmental consultant confirming all fill imported to the site consists of Virgin Excavated Natural Material (VENM).

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 site contamination. Given this, the site would be suitable for the proposed use and no further assessment in relation to this SEPP is required.

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

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

2.4 State Environmental Planning Policy (Infrastructure) 2007

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

2.4.1 Frontage to Classified Road

The site has a frontage to the Pacific Highway with access being provided via a 3.8m wide (and variable) driveway. The proposal was referred to the Roads and Maritime Services (RMS) under the provisions of Section 138 of the Roads Act 1993 and no objections are raised regarding the location of the driveway subject to recommended conditions of consent requiring the construction of a triangular concrete medium at the front of the property which restricts vehicular movements to left in and left out only.

A Traffic and Parking Impact Assessment submitted with the proposal estimates the traffic generation from the existing site and proposed development using RMS traffic generation rates. The net traffic generation is estimated to be 7 additional vehicle trips per hour in the AM and PM peak hours, which is negligible when compared with the traffic volumes on the adjacent road network.

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

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

2.4.2 Impact of Vehicle Emissions

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

The current improvements on the site include dwelling houses that would currently be impacted upon by vehicle emissions and airborne dust particles due to current traffic flow. The rezoning of the land to R3 - Medium Density Residential pursuant to Council’s Housing Strategy has been the subject of consultation with the RMS and endorsed by the Department of Planning, who have not raised concern with regard to air quality in this area.

The proposed development includes setbacks, landscaping, deep soil zones generally in accordance with the requirements of the Hornsby Shire Housing Strategy Development Control Plan which would ameliorate the impacts of noise and emissions. The development would result in the net increase of 7 vehicles during peak hours and therefore, the additional impact due to vehicle emissions would be negligible.

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

The application is assessed as satisfactory in this regard.

2.4.3 Impact of Noise

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

Recommended conditions of consent ensure that the development is capable of achieving reasonable amenity and acoustic privacy in accordance with the requirements within “Development Near Rail Corridors and Busy Roads – Interim Guidelines 2008”. These conditions include a requirement that the development be constructed in accordance with the recommendations within the submitted Acoustic report which requires upgrading of windows, doors and roof materials.

2.4.4 Traffic Generating Developments

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

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

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

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

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

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

The proposed townhouse development is two storeys in height, therefore SEPP 65 is not applicable and not further assessment is required.

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	36.7m	30m	Yes
Height	10.4m	10.5m	Yes
No. storeys	2 storeys + attic	2 storeys + attic	Yes
Height of Basement Above Ground	0.6m	1m (max)	Yes
Roof pitch	25 degrees	25 degrees (max)	Yes
Dormer Windows Max. width Min. separation	2m 2m	2m 2m	Yes Yes
Front Setback	9m	9m	Yes
Balcony encroachment	8.1m	7.4m (max)	Yes
Side Setback (north)	3m	3m	Yes
Side Setback (south)	3m	3m	Yes
Rear Setback	6m	6m	Yes
Separation between units	6m	6m	Yes
Basement Ramp Setback	2m	2m	Yes
Deep Soil Landscaped Areas	6m-front 4m-rear 3m-(north) 2m-(south)	6m-front 4m-rear 3m-sides 3m-sides	Yes Yes Yes No
Principle Private Open Space with minimum dimension 3m	25m²	Min. 24m²	Yes
Communal Open Space with Minimum Dimensions 4m	50m² >4m	50m² >4m	Yes Yes
Parking	29 resident spaces 3 visitor space 5 bicycle racks 1 motorbike space	26 resident spaces 3 visitor spaces 3 bicycle racks 1 motorbike space	Yes Yes Yes Yes
Solar Access	85% (11/13)	70% receive 3 hours	Yes
Housing Choice	0% - 1br 0% - 2br 92% - 3br 7.6% - 4br	10% of each type (min)	No
Adaptable Units	15%	10%	Yes

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

2.8.1 Desired Future Character

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

2.8.2 Site Requirements

The HDCP requires sites to have a minimum frontage of 30 metres. The subject site complies with this requirement.

The development would not result in isolation of any site as Nos.497 to 501 Pacific Highway to the south of the site is subject to a proposal (DA/706/2017) for the erection of 17 townhouses over basement car parking and Nos.507 Pacific Highway, 1B and 3A Willarong Road to the north of the site have sufficient combined area to redevelop in the future.

2.8.3 Setbacks

The setbacks are assessed under the relevant headings:

Front Setback (Pacific Highway)

The proposed townhouses would be setback 9m to the Pacific Highway with balconies encroaching to 8.1m for 50% of the total building frontage to allow for building articulation. The encroachment of the balconies would not have an adverse impact on the streetscape and would enhance the building façade fronting the street by including offsets and indents and would comply with the HDCP setback encroachments for balconies fronting the street.

Side Setbacks

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

Rear Setback

The proposed townhouses would be setback 6m to the rear boundary which complies with the minimum 6m rear setback provision for townhouses in the HDCP with the exception of balconies located on the first floor which would be setback 5.5m to the rear boundary. The balconies would be 0.5m wide and would assist in achieving cross ventilation for the units and building articulation and would break up the visual bulk of the building. As the balconies would be 0.5m wide, it is anticipated that they would not be used as extended outdoor space and would create negligible privacy impacts to adjoining properties.

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

2.8.4 Building form and Separation

The proposed townhouses are well articulated in compliance with the HDCP prescriptive measures with appropriate façade treatment and elements to break the massing of the building.

The proposed building footprints are limited in scale to achieve the required setbacks to boundaries and provide soft landscaping around the perimeter of the building. Car parking has been provided in the form of basement car parking.

The proposed townhouses incorporate high quality facades with a balanced composition of varied building elements including a defined base and first floor 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 use of varying colours and materials, protruding balconies, indentations and projections in the alignment of external walls, dormer windows in the roof space as well as covered entries for all townhouses assist in breaking up the bulk of the building.

The proposed townhouses are positioned in two rows across the site and are designed to avoid privacy conflicts between each dwelling by incorporating a variety of different design components. These design elements include indentations and projections in the alignment of the external walls and screening between habitable and non-habitable rooms which would minimise privacy conflicts between the dwellings and achieve adequate building separation.

The building design would alleviate overlooking opportunities and maintain amenity to the current and future dwellings. The proposal complies with the intent of the ‘Building separation’ control and would result in a reasonable design outcome for the site. The proposal complies with the minimum 6m building separation control between each row of townhouses as required by the HDCP.

It is considered that the proposed architectural plans reflect a high level of design quality and articulation and the application is assessed as satisfactory in this regard.

2.8.5 Roof Design

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

The dormer windows at the attic level on all elevations provide additional articulation to the roof and in particular, within the front and side elevations of the building. The design of the roof does not contribute to unnecessary bulk and scale of the building and accordingly is considered satisfactory.

2.8.6 Open Space

Each dwelling includes a 25m² open space area which complies with the minimum requirement of 24m² for a townhouse. The proposed plans demonstrate that the private open space of each dwelling would have a depth in excess of 3m and includes reasonable sized courtyards and an open lawn area. The private open spare areas would be accessed off living/dining areas at the ground floor and would be suitable for use as an extension to living areas. The components of private open space areas facing the Pacific Highway are well setback and screened by dense landscaping, canopy trees and low height fencing (1.2m).

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

2.8.7 Sunlight and Ventilation

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

The applicant has provided shadow diagrams at 9am, 12 noon and 3pm which indicate that 11 of the 13 townhouses receive at least 3 hours of unobstructed sunlight on 22 June.

2.8.8 Housing Mix

The housing mix of the proposed development would include 12 x 3 bedroom dwellings and 1 x 4 bedroom dwelling which does not comply with the HDCP which encourages 10% mix of each dwelling type where more than 10 townhouses are proposed.

The proposal would provide 2 adaptable units and consist of predominately three bedroom dwellings with 1 four bedroom dwelling. The overall size and diversity of townhouses will provide for a variety of dwelling sizes and types to meet the needs of a wide range of residents whilst also providing various pricing points to contribute to affordability within the Mount Colah area. As a consequence the variation is acceptable.

2.8.9 Privacy and Security

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

The proposal comprises safe, clear and direct pedestrian entrances to each dwelling from the Pacific Highway. Passive surveillance is achieved by the orientation of private open spaces and living room windows to the Pacific Highway and to the communal open spaces of the site.

Subject to the implementation of recommended conditions of consent, the proposal is assessed as satisfactory with regard to privacy and safety.

2.8.10 Landscaping

The landscaping provisions of the HDCP prescribe that 4m - 6m wide landscaped areas be provided at the front and rear and 3m wide landscaped areas be provided along the side boundaries.

The design of the basement generally achieves the prescribed setbacks along the street frontage, the rear and the northern boundaries. However, it is noted that the driveway ramp has a setback of 2m from the southern, side boundary and the on-site detention system would also be located along this boundary. Therefore, the width of the deep soil landscaped area along this boundary has been reduced. Given that the HDCP allows driveway encroachment up to 2m within the side setbacks, this is considered acceptable and would allow for low to medium scale landscaping.

A fire exit staircase providing access from the basement carpark would encroach within the deep soil area along the northern boundary. The encroachment is minor and is considered acceptable.

The proposed landscaping between the two rows of townhouse buildings would include a 2.5m wide planter box which does comply with the HDCP landscaping requirements which stipulates that 4m wide landscaped strips with a minimum 2m dimension should be provided between two rows of buildings. Notwithstanding the numerical non-compliance, the proposal includes landscape planting in between the two buildings which would provide privacy for the two rows of dwellings and is assessed as satisfactory.

The landscaping would include planting of locally indigenous trees in suitable locations that would contribute to the streetscape setting and the local tree canopy. Dense landscaping is proposed along all boundaries and includes medium canopy trees intercepted by hedges and shrubs within the deep soil zone which acts as a buffer between the proposed building and adjoining developments and contributes to the streetscape setting and the local tree canopy.

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

2.8.11 Vehicular Access and Parking

Vehicle access to the proposed basement car park is via a 3.8m wide driveway off the Pacific Highway. The parking provision within the basement is in accordance with the minimum number of car spaces prescribed by the HDCP. The driveway width, ramp gradients and aisle widths are assessed as satisfactory as they generally comply with the Australian Standards 2890.1 and 2890.2. The basement level includes storage areas for residents and bicycle/motor cycle parking areas.

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

2.8.12 Waste Management

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

A common garbage bin bay and bulky waste storage area are proposed to be located within the basement. The site would be serviced by small rigid waste collection vehicles which would collect from the basement.

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.

2.8.13 Pacific Highway, Mount Colah and Asquith Precinct

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

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

2.9 Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2012-2021 applies to the development as it would result in an additional 11 residential dwellings in lieu of the 2 existing residences. Accordingly, the requirement for a monetary Section 94 contribution is recommended as a condition of consent.

3. ENVIRONMENTAL IMPACTS

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

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The proposed development would necessitate the removal of six trees to facilitate the construction of the building. The existing site comprises exotic trees and accordingly none of the trees to be removed are identified as ‘significant trees’ in accordance with the Tree and Vegetation provisions of the HDCP. The trees may be removed without the consent of Council.

A landscape plan has been submitted with the application which includes replacement tree planting. The replacement trees would include a range of medium to large locally native tree species including 5x watergums, 9x NSW Christmas bush trees, 2x Blueberry Ash and 3x Weeping Mytrles with a mature height of 8m to 11m. In addition the site would accommodate 5 x Chanticleer Pear (Exotic) trees with a mature height of 11m.

In addition, a condition is recommended requiring 4 native trees with a minimum growth height of 15m to be planted on Council’s nature strip to maintain tree Canopy cover.

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

3.1.2 Stormwater Management

The development proposes to connect to Council’s street drainage system located within Rupert Street, Asquith via a below ground on-site detention (OSD) and a rainwater tank system to control discharge of water from the site.

As no written permission from the owners of the downstream properties was submitted with the development application and the creation of an easement to drain water over Nos. 497 to 501 Pacific Highway hasn’t been registered with NSW Land Property Information, a deferred commencement condition has been recommended in the consent

Subject to recommended conditions, the proposal would be satisfactory.

3.2 Built Environment

3.2.1 Built Form

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

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

3.2.2 Traffic

The site has frontage to a State road, the Pacific Highway. The impact of the traffic generated by the proposal, on the local road network has been discussed in Section 2.4.1 of this report.

Council has undertaken an assessment of the overall traffic impact of the redeveloped precinct on the locality. A Traffic Management Improvement Plan is included in the HDCP relating to the Asquith precinct. This includes the extension of Wattle Street to Amor Street, construction of a new roundabout at the junction of Wattle Street, Amor Street and Lords Avenue and restriction of left in, left out movements from Amor Street to Pacific Highway.

The precinct plan also includes provisions of a signalised pedestrian crossing between Rupert Street and Mills Avenue to service the medium density developments. These improvements have been included in the Works Schedule in Council’s Section 94 Development Contribution Plan 2012 – 2021 for implementation. These works would provide for the increase in traffic in the area and ease of traffic flow within the existing network.

3.3 Social Impacts

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

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

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

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 20 April 2017 and 3 May 2017 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received three submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

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

· Privacy impacts;

· Construction impacts to adjoining properties;

· Noise impacts;

· Boundary fencing impacts;

· Inappropriate landscaping; and

· Devaluation of adjoining properties.

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

5.1.1 Concerns with proposed landscaping

A submission raises concerns with the proposed tree species Sydney Red Gum “Angophora costata” as it has a large canopy spread, grows to 20m and has potential to cause property damage to the adjoining property located 0.9m from the boundary fence.

To address these concerns, a condition of consent is recommended that the Sydney Red Gum “Angophora costata” located in the north-western corner of the site be replaced with the tree species identified as NSW Christmas bush “Ceratopetalum gummiferum” which has a mature height of 3 to 6m and provides privacy screening.

5.1.2 Property Values

A submission raises concerns that approval of the development would have detrimental effects on property values in the area. It should be noted that an assessment of this impact is not a matter for consideration under Section 79C of the Environmental Planning and Assessment Act, 1979. The proposal has been designed with appropriate setbacks, landscaping and privacy measures to minimise impacts on adjacent properties.

5.1.3 Construction impacts including Traffic, Parking, Noise and Dust

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

5.1.4 Noise concerns

It is acknowledged that there would be an increase in noise from the addition of 11 dwellings. However, Australian Standard construction standards would assist in minimising noise impacts. The setbacks to adjoining dwellings and privacy mitigation measures implemented in the design are in accordance with HDCP requirements.

5.1.5 Dilapidation report

A submission raises concerns that excavation for the proposed basement could damage neighbouring properties.

Conditions of consent are recommended that a Dilapidation report be prepared by a chartered structural engineer detailing the structural condition of adjoining properties No. 507 Pacific Highway, No.3 Willarong Road and No. 2 Rupert Street, Mount Colah prior the issue of a Construction Certificate.

5.1.6 Boundary Fence

A submission from No.3 Willarong Road, which adjoins the rear boundary of the subject site, requests that a 40cm panel of lattice screening be installed above the 1.8m high boundary fence to maintain a reasonable level of privacy between the two properties.

Conditions of consent are recommended that 40cm of lattice be installed above the 1.8m high fence along the boundary with No.3 Willarong Road.

5.1.7 Removal of Boundary Fence

A submission raises concerns with the removal of the garage on No.505 Pacific Highway as it currently acts as a boundary fence and vegetable garden.

Conditions of consent are recommended that 1.8m boundary fencing must be erected along the northern property boundary and that alternative fencing may be erected along the northern boundary subject to the written agreement of the adjoining property owner.

5.2 Public Agencies

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

5.2.1 Roads and Maritime Services

As discussed in Section 2.4.1 of this report, RMS has reviewed the proposal and raises no objections subject to recommended conditions of consent.

6. THE PUBLIC INTEREST

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

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

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

CONCLUSION

The application seeks approval for the demolition of existing structures and construction of a multi dwelling housing development comprising 13 two-storey townhouses with attics and basement car parking.

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

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

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

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Floor Plans
3.View	Roof Plan
4.View	Elevations
5.View	Landscape Plan
6.View	External Finishes

File Reference: DA/306/2017

Document Number: D07270144

SCHEDULE 1

1. Deferred Commencement

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

a) The registration and creation of an easement to drain water from the site over downstream properties at Lot 7 DP 1003239, Lot 6 DP 1003238, Lot 5 DP 656402, Nos. 497 to 501 Pacific Highway, Asquith.

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

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

CONDITIONS OF APPROVAL

GENERAL CONDITIONS

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:

Approved Plans

Plan No.	Issue	Plan Title	Drawn by	Dated
100	C	Roof plan	Mackenzie Architects	15.09.2017
101	C	Lower basement	Mackenzie Architects	15.09.2017
102	C	Basement	Mackenzie Architects	15.09.2017
103	C	Ground	Mackenzie Architects	15.09.2017
104	C	First	Mackenzie Architects	15.09.2017
105	C	Attic	Mackenzie Architects	15.09.2017
200	C	West & North	Mackenzie Architects	15.09.2017
201	C	East & South	Mackenzie Architects	15.09.2017
202	C	Block A East & Block B West	Mackenzie Architects	15.09.2017
300	C	Section 01 & 02	Mackenzie Architects	15.09.2017
411	-	Demolition & Erosion control	Mackenzie Architects	02.02.2017
LPDA 17 - 254	C	Landscape plans	Conzept landscape architects	30.07.2017
LPDA 17 - 254	A	Specification & detail	Conzept landscape architects	31.03.2017

Supporting Documents

Plan No.	Issue	Plan Title	Drawn by	Dated
413	B	Garbage truck turning path (Ground – In)	Mackenzie Architects	27.07.2017
414	B	Garbage truck turning path (Ground – Out)	Mackenzie Architects	27.07.2017
415	B	Garbage truck turning path (Basement – In)	Mackenzie Architects	27.07.2017
416	B	Garbage truck turning path (Basement – Out)	Mackenzie Architects	27.07.2017
403	B	Sample board	Mackenzie Architects	27.07.2017
301	B	Longitudinal sections	Mackenzie Architects	27.07.2017
402	-	Shadow diagram	Mackenzie Architects	02.02.2017
15022	-	Traffic Report	Terraffic pty ltd	22.03.2017
-	-	Waste management plan	Mackenzie Architects	24.03.2017
-	-	Access report	Obvius Access Disability Consultants	24.03.2017
2017-088	-	Acoustic Report	Acoustic Noise & Vibration Solutions P/L	24.03.2017
17-0232	A	Nathers Assessment	Efficient Living	29.03.2017
808517M	-	BASIX Certificate	Efficient Living	29.03.2017
E23315 GA	-	Geotech report	Werombi Properties Pty Ltd	21.03.2017
414	B	Cross Ventilation diagram for attic	Mackenzie Architects	27.07.2017
-	-	Solar study	Mackenzie Architects	-
C02	5	Basement 2 drainage	Greenview Consulting	15.09.2017
C03	6	Basement 1 drainage	Greenview Consulting	15.09.2017
C04	6	Ground floor drainage	Greenview Consulting	15.09.2017
C05	5	Site stormwater details	Greenview Consulting	15.09.2017
C06	3	Street drainage plan	Greenview Consulting	15.09.2017

3. Amendment of Plans

a) The approved landscape plan LPDA 17 – 254, Rev C, prepared by Conzept landscape architects, dated 30.07.2017 must be amended as follows:

i) The tree species identified as Sydney Red Gum “Angophora costata” located in the north-western corner of the site must be replaced with the tree species identified as NSW Christmas bush “Ceratopetalum gummiferum”.

ii) As the On Site Detention System was amended to be underneath the driveway, the landscape plan must be amended by including medium to large trees along the southern side boundary that are the same tree species to the trees proposed along the northern boundary.

b) The approved basement plan, 102, Rev C, Prepared by Mackenzie architects dated 15.09.2017 must be amended to replace the swing doors providing access to the bin storage room.

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

4. 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	$3,030.80
Open Space and Recreation	$127,531.05
Community Facilities	$49,026.85
Plan Preparation and Administration	$411.30
TOTAL	$180,000

being for 11 townhouses and a credit of 2 existing dwellings.

b) The value of this contribution is current as at 7 September 2017. 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.

5. Removal of Existing Trees

a) This development consent permits the removal of six trees identified on approved landscape plan LPDA 17 – 254, Rev C, prepared by Conzept landscape architects, dated 30.07.2017.

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).

6. 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.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

7. Building Code of Australia

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

8. Utility Services

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

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

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

9. 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.

10. 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.

11. Sydney Water – Approval

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

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

12. Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of adjoining properties at No. 507 Pacific Highway, No.3 Willarong Road and No.2 Rupert Street, Mount Colah.

13. Traffic Control Plan

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

a) Arrangements for public notification of the works;

b) Temporary construction signage;

c) Permanent post-construction signage;

d) Vehicle movement plans;

e) Traffic management plans; and

f) Pedestrian and cyclist access/safety.

14. 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) An inter-allotment drainage system through downstream properties shall be designed and constructed and discharged directly to a Council controlled piped drainage system.

b) Connected to an existing Council piped drainage system with the following requirements ;-

i) A separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for approval for all works within the public road reserve

ii) Connection to Council’s drainage system shall include design and construction for the extension of the existing Council piped drainage system from the existing Council pit to a new Council kerb inlet pit directly in line with the inter-allotment drainage system in accordance with Council’s Design and Construction Specification 2005. The Applicant’s Engineer must prepare the design of system including location of proposed work in the plan. Three (3) copies of the plan shall be submitted with lodgement and payment of the Application;

15. On Site Stormwater Detention

An on-site stormwater detention system must be designed by a chartered civil engineer and constructed generally in accordance with Job No. 170230 Revision 5 dated 15.09.2017 by Greenview Consulting and the following requirements:

a) Have a capacity of not less than 21 cubic metres, and a maximum discharge (when full) of 63 litres per second.

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

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

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

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

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

16. Rainwater Tank

Stormwater quality treatment measures shall be designed generally in accordance with Hornsby Council’s DCP 2013 - Part 1.C.1.2 (j). A rainwater tank shall be provided with a minimum storage capacity of 3,000 litres per 100m² of roof area of the development. The tanks shall be connected to the communal water system and to all dwellings for toilet flushing and laundry use. A design certificate from a qualified engineer shall be submitted to the principal certifying authority certifying that stormwater quality for the development has been designed in accordance with Hornsby Council’s DCP 2013 - Part 1.C.1.2.

17. Vehicular Crossing – Boundary Levels

A separate application under the Local Government Act, 1993 and the Roads Act 1993 being an “Application for Boundary Levels” must be submitted to Council to obtain design levels at the front boundary for the design of the internal driveway, prior to the issue of a construction Certificate.

Note: A separate application to construct the vehicular crossing being an “Application to Construct Vehicular Crossing from Roadway to Property” is required to be submitted to Council for approval and can only be made by one of Council’s Authorised Vehicular Crossing Contractors. You are advised to contact Council on 02 9847 6940 to obtain a list of contractors.

18. Road Works – Pacific Highway

A separate application under the Local Government Act, 1993 and the Roads Act, 1993 must be submitted to Council for approval of all works within the public road reserve. 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) A concrete footpath to be constructed within the road verge with the remaining area turfed. The existing footpath along the full frontage of the development site in the Pacific Highway and a new concrete footpath constructed.

a) Kerb and gutter and pavement along the frontage of the development site in the Pacific Highway, necessary drainage and sealing of road pavement between the existing pavement and lip of the gutter shall be designed and constructed in accordance with the RMS requirements. Concurrence and approval of the RMS is required prior to the granting of approval for all works within Pacific Highway. Stamped approved plans from the RMS are to be submitted with the application.

b) A road occupancy license shall be obtained from RMS to carry out works in Pacific Highway.

19. Internal Driveway/Vehicular Areas

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

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

b) The driveway be a rigid pavement.

c) Conduit for utility services including electricity, water, gas and telephone be provided. All existing overhead assets including electricity and telecommunications cabling shall be relocated underground at no cost to Council;

d) Longitudinal sections along both sides of the access driveway shall be submitted to the principal certifying authority in accordance with the ground clearance requirements of the Australian Standards AS 2890.1 and AS 2890.2 – for small rigid vehicles. The driveway shall be a minimum 5.5 metres in width for a minimum distance of 6 metres from the property boundary and have a maximum 5% grade. The longitudinal sections shall incorporate the design levels obtained by Council.

e) Prior to the issue of a construction certificate, a certificate from a qualified engineer shall be submitted to the principal certifying authority certifying that the access driveway, parking and services areas have been designed in accordance with Australian Standards AS 2890.1 and AS 2890.2.

20. Construction Traffic Management Plan

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

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

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

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

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

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

i) Public notification of proposed works;

ii) Long term signage requirements;

iii) Short term (during actual works) signage;

iv) Vehicle Movement Plans, where applicable;

v) Traffic Management Plans; and

vi) Pedestrian and Cyclist access and safety.

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

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

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

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

21. Noise – Rail and Road Corridor

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

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

22. Waste Management Details

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

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

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

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

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

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

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

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

23. 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".

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

24. 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.

25. 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.

26. Toilet Facilities

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.

27. Erosion and Sediment Control

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

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

REQUIREMENTS DURING DEMOLITION AND CONSTRUCTION

28. 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.

29. 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; and

b) Demolition works, where asbestos material is being removed, must be undertaken by a contractor that holds an appropriate licence issued by SafeWork NSW in accordance with the Work Health and Safety Regulation 2017 and be appropriately transported and disposed of in accordance with the Protection of the Environment Operations (Waste) Regulation 2014; 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.

30. 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.

31. 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.

32. Landfill

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

a) Prior to fill material being imported to the site, a certificate shall be obtained from a suitable qualified environmental consultant confirming the fill wholly consists of Virgin Excavated Natural Material (VENM) as defined in Schedule 1 of the Protection of the Environment Operations Act, 1997 or material approved under the Department of Environment and Climate Change’s general resource recovery exemption.

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

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

33. Street Sweeping

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

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

34. 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.

Note: This consent does not give right of access to the site via Council’s park or reserve. Should such access be required, separate written approval is to be obtained from Council.

35. 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.

36. Survey Report

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

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

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

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

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

37. 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.

38. Compliance During Construction Works

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

a) Traffic Control Plan (TCP); and

b) Construction Traffic Management Plan (CTMP).

39. 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.

40. Fulfilment of BASIX Commitments

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

41. 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.

42. 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.

43. Retaining Walls

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

44. Creation of Easements

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

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

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

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

45. 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.

46. Works as Executed Plan

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

47. 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”.

48. Boundary Fencing

Boundary fencing shall be installed as per the following requirements:

a) The fencing along the rear boundary (between the site and No.2 Rupert Street) shall be a maximum 1.8m high solid timber lapped and capped fence.

b) The fencing along the rear boundary (between the site and No.3 Willarong Road) shall be a maximum 1.8m high solid timber lapped and capped fence with an additional 40cm of lattice screen on top.

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

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

49. 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 19 of this development consent;

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

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

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

d) A certificate from an appropriately licensed contractor must be submitted to the principal certifying authority certifying that the service conduits have been installed in accordance with the relevant utility provider and Australian Standards;

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

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

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

h) Three bicycle spaces are to be provided in the basement car park. Bicycle parking spaces are to be designed in accordance with AS 2890.3-1993;

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

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

50. 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.

51. Construction of Engineering Works

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

52. Consolidation of Allotments

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

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

53. Provision for National Broadband Network (NBN)

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

54. Completion of Landscaping

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

55. Final Certification – Acoustics

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

56. Safety and Security

This site must include the following elements:

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

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

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

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

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

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

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

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

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

57. Waste Management

The following waste management requirements must be complied with:

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

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

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

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

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

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

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

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

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

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

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

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

62. Maintain Canopy Cover

a) A minimum of 4 trees must be planted on Council’s nature strip and selected from the Council’s Indigenous species listing located in the Hornsby Shire DCP Tree Preservation Measures 1B.6 Table 1B.6(b) such as Angophora costata, Angophora floribunda and Eucalyptus resinifera.

c) The pot size of the replacement tree(s) must be a minimum 25 litres and replacement tree(s) must be maintained until they reach the height of 3 metres.

d) The replacement trees must reach a mature height greater than 15 metres.

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

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

g) The suitably qualified person holding a certificate III in Horticulture must submit to the principal certifying authority a statement confirming all landscaping requirements has been completed in accordance with approved landscape plans and conditions of consent.

58. Preservation of Survey Marks

Prior to the issue of an occupation certificate, a certificate by a Registered Surveyor shall be submitted to the Principal Certifying Authority, certifying that there has been no removal, damage, destruction, displacement or defacing of the existing survey marks in the vicinity of the proposed development or otherwise the 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”.

OPERATIONAL CONDITIONS

59. 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).

60. 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.

61. 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.

62. 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.

CONDITIONS OF CONCURRENCE – NSW Roads and Maritime Services

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

63. RMS Condition 1

Any redundant driveways on Pacific Highway shall be removed and replaced with kerb and gutter. The design and construction of the kerb and gutter crossing on Pacific Highway shall be in accordance with Roads and Maritime’s requirements. Details of these requirements should be obtained from Roads and Maritime’s Statewide Delivery Section (9598 7798).

All vehicular access to the subject development shall be restricted to left in/left out (LILO) movements on road safety and network efficiency grounds. In this regard, a triangular raised median should be constructed at the driveway (within the property boundary) and the driveway splayed/angled to physically prevent vehicles turning right to/from the development.

In accordance with AS 2890.1- 2004 (Parking Facilities, Part 1: Off-street car parking), the driveway shall be a minimum of 5.5 metres in width for a minimum distance of 6 metres from the property boundary. The driveway shall be splayed at the kerb line to allow the left-in and left-out manoeuvers to be fully contained within the kerb side lane.

Detailed design plans of the proposed works are to be submitted to Roads and Maritime for approval prior to the commencement of any road works. A plan checking fee and lodgement of a performance bond may be required from the applicant prior to the release of the approved road design plans by Roads and Maritime.

64. RMS Condition 2

Roads and Maritime has previously vested a strip of land as road along the Pacific Highway frontage of the subject property as shown by grey colour on the attached plan. The subject property is further affected by a road proposal as shown by pink colour on the attached plan.

All buildings and structures, together with any improvements integral to the future use of the site, are to be erected clear of the land acquired for road (unlimited in height or depth). The area required for road should be identified as a separate lot/part of the common property in any plan of subdivision.

65. RMS Condition 3

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

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

The report and any enquiries should be forwarded to:

Project Engineer, External Works

Sydney Asset Management

Roads and Maritime Services

PO Box 973 Parramatta CBD 2124.

Telephone 8849 2114

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

66. RMS Condition 4

Detailed design plans and hydraulic calculations of any changes to stormwater discharge onto Pacific Highway are to be submitted to Roads and Maritime for approval, prior to the commencement of any works.

Details should be forwarded to:

The Sydney Asset Management

Roads and Maritime Services

PO Box 973 Parramatta CBD 2124.

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

67. RMS Condition 5

A Road Occupancy Licence should be obtained from Transport Management Centre for any works that may impact on traffic flows on Pacific Highway during construction activities.

68. RMS Condition 6

A construction zone will not be permitted on Pacific Highway.

69. RMS Condition 7

A Road Occupancy Licence should be obtained from Transport Management Centre for any works that may impact on traffic flows on Pacific Highway during construction activities.

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

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

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

Long Service Levy

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

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

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

Tree and Vegetation Preservation

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

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

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

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

Dial Before You Dig

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

Asbestos Warning

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

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

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.

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
1800 810 443.

Group Manager’s Report No. PL38/17

Planning Division

Date of Meeting: 11/10/2017

12 DEVELOPMENT APPLICATION - SUDDIVISION OF AN EXISTING MULTI-UNIT HOUSING DEVELOPMENT - 9 BRAIDWOOD AVENUE, NORTH EPPING

EXECUTIVE SUMMARY

DA No:	DA/531/2017 (Lodged on 29 May 2017)
Description:	Torrens title subdivision of an existing multi-unit housing development to create two allotments
Property:	Lot 11 DP 30369, No. 9 Braidwood Avenue, North Epping
Applicant:	Mr Albert Verdian
Owner:	Mr Albert Verdian and Mrs Rozek Verdian
Estimated Value:	Nil
Ward:	C

· The application proposes the Torrens title subdivision of an existing multi-unit housing development comprising two detached dwellings into two allotments.

· The proposal does not comply with the Hornsby Shire Local Environmental Plan 2013 (HLEP) with regard to Clause 4.1 Minimum subdivision lot size. The applicant has made a submission in accordance with Clause 4.6 ‘Exceptions to development standards’ of the HLEP to vary the minimum 500m²lot size development standard. The submission is considered well founded and is supported.

· One submission was received in respect of the application.

· It is recommended that the application be approved.

RECOMMENDATION

THAT Council assume the concurrence of the Secretary of the Department of Planning and Environment pursuant to Clause 4.6 of the Hornsby Local Environmental Plan 2013 and approve Development Application No. DA/531/2017 for the Torrens title subdivision of one allotment into two lots at Lot 11 DP 30369, No.9 Braidwood Avenue, North Epping subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL38/17.

BACKGROUND

Upon gazettal of the then Hornsby Shire Local Environmental Plan (HSLEP) in July 1994, Hornsby Shire was exempted from the provisions of the now repealed NSW State Government’s urban consolidation policies, namely Sydney Regional Environmental Plan (SREP) No. 12 – Dual Occupancy and State Environmental Planning Policy (SEPP) No. 25 – Residential Allotment Sizes.

The exemption was granted as a result of the housing initiatives embodied within the HSLEP which presented an alternative solution to meet both local and State housing objectives. The HSLEP incorporated higher density residential zones around transport and employment nodes, such as the Hornsby Town Centre. The HSLEP also permitting multi-unit housing at a density of one dwelling per 350m² of land area within the Residential A (Low Density) zone. In accordance with Clause 4(2) of the HSLEP, SEPP 25 and SREP 12 no longer applied to Hornsby Shire.

The then Minister for Urban Affairs and Planning subsequently repealed the right to separate titles on dual occupancy developments. However, despite the repeal of SREP No. 12 and SEPP No. 25, the subdivision of dual occupancies with reduced lot sizes was still possible under the HSLEP.

On 15 December 1995, to bring the HSLEP in accordance with State Government policies, HSLEP (Amendment No. 8) was gazetted to preclude the subdivision of multi-unit housing developments where proposed allotment sizes were less than the minimum allotment sizes under Clause 14 (Density).

In September 2013, the HLEP was gazetted which allowed a minimum allotment size of 500m² and prohibited “multi-unit housing” and “dual occupancies” within the R2 Low Density Residential zone.

SITE HISTORY

On 14 November 2008, Council approved development application DA/1579/2007 for a two storey dwelling house and demolition of an existing dwelling subject to conditions. Condition No.12 of the consent stated that “the existing dwelling house is to be demolished prior to any Occupation Certificate being issued for the proposed dwelling house”.

On 17 May 2013, Council approved development application DA/1354/2012 for the retention of the existing dwelling and approved the one and two storey dwelling as a multi-unit housing development, permitted under the then HSLEP. The multi-unit housing development complied with Clause 14 (density – 1 dwelling per 350m²) and Clause 15 (FSR 0.4:1) of the HSLEP.

SITE

The subject site is located at the end of a cul-de-sac on the south-eastern corner of Braidwood Avenue, North Epping. The site has an area of 973.8m² and is a battle-axe shaped allotment. The subject site is 47.24m in depth and has a width of 19.2m. The site has a fall of 6.4m from north to south and a fall of 1.5m to the street.

The site includes a part one and part two storey brick and tile dwelling to the front of the site including a double garage. To the rear of the site is a single storey brick and rendered dwelling and detached single garage. Access to the site is via a driveway from Braidwood Avenue.

The surrounding development comprises one and two storey dwelling houses.

PROPOSAL

The application proposes the Torrens title subdivision of an existing multi-unit housing development into two allotments.

Proposed Lot 111 would be an irregular shaped, battle-axe lot with an area of 389.1m², excluding the access handle and 519.5m² including the handle.

Proposed Lot 112 would be an irregular shaped battle axe lot with an area of 456.3m².

Access to the lots would be via a shared right-of-carriageway. A right-of-carriageway and easement would be created over Lot 111 in favour of Lot 112.

No alterations to the existing dwellings or any other physical works are proposed as part of the application.

ASSESSMENT

1. STRATEGIC CONTEXT

1.1 A Plan for Growing Sydney and (Draft) North District Plan

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 and actions for accommodating Sydney’s future population growth and identifies dwelling targets to ensure supply meets demand. 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, Mosman, North Sydney, Ryde, Northern Beaches and Willoughby to form the North District. The Greater Sydney Commission has realised the draft North District Plan which includes priorities and actions for the Northern District for the next 20 years. The identified challenge for Hornsby Shire will be to provide an additional 4,350 dwellings by 2021 with further strategic supply targets to be identified to deliver 97,000 additional dwellings in the North District by 2036.

The proposed development would not be inconsistent with ‘A Plan for Growing Sydney’ and ‘Draft North District Plan’.

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

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

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

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

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

2.1.2 Minimum Lot Size

Clause 4.1 of the HLEP provides that the minimum allotment size for the subject site within the R2 Low Density Residential zone is 500m². The proposal does not comply with this provision.

Proposed Lot 111 would have an area of 389.1m² (excluding the access handle) which would result in a 22% variation to the minimum lot size requirement. Proposed Lot 112 would have an area of 456.3m² and would result in a 9% variation to the minimum lot size requirement.

The application is supported by a submission pursuant to Clause 4.6 of the HLEP to vary the minimum 500m²allotment size development standard and which is discussed below in Section 2.1.3 of this report.

2.1.3 Exceptions to Development Standards

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

The proposal fails to comply with the minimum subdivision lot size of 500m² under the HLEP. The objectives of Clause 4.1 are:

· To provide for the subdivision of land at a density that is appropriate for the site constraints, development potential and infrastructure capacity of the land,

· To ensure that lots are of a sufficient size to accommodate development.

The applicant has made a submission in support of a variation to the development standard in accordance with Clause 4.6 of the HLEP. The applicant states the proposed variation is considered to be consistent with the objectives of the control and is justified as follows:

· The proposal would enable the existing dwellings to exist on individual lots and would allow dwellings to be either owner occupied or rented.

· The proposal would have no additional impact on the infrastructure capacity or serviceability of the land.

· The floor area of the existing dwelling would comply with the maximum floor area Part 3.1.1 of the Hornsby Development Control Plan 2013 (HDCP) for each of the subdivided lots.

· The proposed Torrens title subdivision is consistent with the second objective given the two dwellings presently exist on the property and no further development is proposed. As such, the resultant lots are of sufficient size to accommodate the existing development.

The applicant also notes that in the recent ‘Four2Five’ decision (Four2Five Pty Ltd v Ashfield Council [2015] NSW LEC 90), Commissioner Pearson outlined that a Clause 4.6 variation requires identification of grounds that are particular to the circumstances to the proposed development. That is to say that simply meeting the objectives of the development standard is insufficient justification of a Clause 4.6 variation.

The Court of Appeal upheld the Four2Five decision but expressly notes that the Commissioner’s decision on the point (that she was not “satisfied” because something more specific to the site was required) was simply a discretionary (subjective) opinion which was a matter for her alone to decide. This does not mean that a Clause 4.6 variation can only be allowed where there is some special or particular feature of the site that justifies the non-compliance. Whether there are “sufficient environmental planning grounds to justify contravening the development standard”, it is something that can be assessed on a case by case basis and is for the consent authority to determine for itself.

The particular feature of the subject site that differs from the surrounding development is that the site contains an existing multi-unit housing development.

A more recent appeal is the matter of Randwick City Council v Micaul Holdings Pty Ltd [2016] NSWLEC 7 should be considered. In this case, the Council appealed against the original decision, raising legal argument about whether each and every item of the Clause 4.6 of the LEP had to be considered and complied with in terms of the applicant’s written document and the Commissioner’s assessment. The Chief Judge of the Court dismissed the appeal, finding no fault in the Commissioner’s approval of large variations to the height and FRS controls.

While the judgement did not directly overturn the Four2Five v Ashfield decision, an important issue emerged. The Chief Judge noted that one of the consent authority’s obligations is to be satisfied that “compliance with the development standard is unreasonable or unnecessary in the circumstance of the case, and that there are sufficient environmental planning grounds to justify contravening the development standard”.

The proposed subdivision does not involve any physical works and in this regard, does not give rise to any adverse environmental planning grounds.

Consideration should also be given to the Land and Environment Court judgement of Wehbe v Pittwater Council 2007 which identified the five different ways in which an objection may be well founded and that approval of the objection may be consistent with the aims of the policy. State Government Guidelines on varying development standards recommend considering the provisions of Clause 4.6 of the LEP and the ‘five part test’ established by the Land and Environment Court as follows:

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

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

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

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

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

The applicant’s submission to vary the minimum subdivision lot size development standard is considered well founded for the following reasons:

· The proposal would convert a prohibited “multi-unit housing” development to a permissible use within the R2 Low Density Residential zone under the HLEP.

· No environmental or planning implications would arise should the application be approved.

· The proposal does not include any changes to the approved built form, and therefore, the proposal would not have any impact on the existing streetscape or the amenity of adjoining properties.

· Approval of the application for Torrens title subdivision would not alter the intensity or scale of the existing development on the site.

· The proposal is both site specific to the site and accords with the objective of the zone as the proposal would allow the existing dwellings to be on separate titles, thereby adding economic value and versatility to existing housing stock.

· The proposal would result in allotments consistent with the objectives of the development standard. This is evident as the existing dwellings on the site demonstrate that the proposed allotments are capable of accommodating dwelling houses with the necessary ancillary infrastructure provision.

Based on this assessment, it is considered that compliance with the development standard would be unreasonable and unnecessary in the circumstances of the case. The proposal would not result in a precedent given the unique circumstances of the site involving two existing dwellings. Accordingly, the Clause 4.6 submission is supported in this instance.

2.1.4 Heritage Conservation

2.2 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.

The proposal does not involve any site works and therefore, the proposal would have minimal potential to impact on the Sydney Harbour Catchment.

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

Clause 7 of State Environmental Planning Policy No. 55 - Remediation of Land (SEPP 55) requires Council to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land. Should the land be contaminated, Council must be satisfied that the land is suitable in a contaminated state for the proposed use. If the land requires remediation to be undertaken to make the land suitable for the proposed use, Council must be satisfied that the land will be remediated before the land is used for that purpose.

The site history and a review of Council’s files and air photos indicate a history of residential development and therefore, it is not likely that the site has experienced any significant contamination. Accordingly, further assessment under SEPP 55 is not required.

2.4 Rural Fire Act 1997

The site is partly in a bushfire prone area with the fire threat to the west of the site from bushland within the North Epping nature reserve. Accordingly, the proposed subdivision is ‘integrated development’ subject to approval of the NSW Rural Fire Service for the issue of a Bush Fire Safety Authority pursuant to Section 100B of the Rural Fires Act 1997.

The NSW Rural Fire Service has raised no objections to the proposal and no conditions were recommended as part of the assessment.

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

2.6 Hornsby Development Control Plan 2013

HDCP – Part 3 Residential Development & 6.1 Subdivision
Control	Proposal	Requirement	Complies
Site Area	975m²	N/A	N/A
Lot Area
- Lot 111 (excluding access handle)	389.1 m²	500m²	No
- Lot 112	456.3m²	500m²	No
Lot Width
- Lot 111 -	18m	12m	Yes
- Lot 112	18m	12m	Yes
Setbacks – Lot 111
- Side (north)	3m	0.9m	Yes
- Side (east)	1m	0.9m	Yes
- Rear	1m	3m	No
Setbacks - Lot 112
- Side (east)	2.2m	0.9m	Yes
- Side (west)	1m	0.9m	Yes
- Rear	2m	3m	No
Landscape Area
- Lot 111 -	6% %%	20%	No
- Lot 112	7%	20%	No
Private Open Space
- Lot 111 -	>24m²	24m²	Yes
- Lot 112 -	>24m²	24m²	Yes
Car Parking
- Lot 111 -	2 spaces	2 spaces	Yes
- Lot 112 -	2 spaces	2 spaces	Yes

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.

2.6.1 Residential Lands Subdivision

The desired outcomes of Part 6.2.1 Residential Land Subdivision states that “subdivision design should maintain appropriately shaped lots to accommodate a dwelling and associated development that is compatible with a low density residential environment”.

The proposed lots are an irregular shape and would result in an existing dwelling on each proposed lot. Though the lots are undersized, the proposed subdivision would not alter the physical relationship of the existing development with the site or the surrounding low density residential environment.

Lot Size

The prescriptive measure of Part 6.2.1(a) states that “the minimum lot size is depicted on the minimum lot size map as: 500m²”.

One submission raises concerns over the undersized allotments. In this instance, the proposal is not capable of meeting the lot size requirement. The existing development demonstrates that the proposed lots are of sufficient size and shape to accommodate the dwelling houses on the site. This issue is addressed in detail above in Section 2.1.3 of this report.

Lot Shape

The prescriptive measure of Part 6.2.1(d) states that “lot design should maintain a minimum lot width that is compatible with the subdivision pattern”.

The subject site is a battle axe shaped allotment with a lot width of 18 metres and a 4.4 metre wide access handle. The irregular shaped common boundary between proposed Lot 111 and Lot 112 follows the existing line of the retaining wall which divides the private open space of Lot 111 and front yard of Lot 112.

Access to the allotments would be via the existing shared concrete driveway. A reciprocal right of access would provide access to proposed Lot 112 over proposed Lot 111. The use of the access handle and onsite parking arrangements would remain the same as currently exists on the site.

The layout and design of the proposed subdivision would be in keeping with the existing built form on the site. The minor non-compliance with respect to the lot shape does not warrant refusal of the application.

2.6.2 Setbacks

The desired outcomes of Part 3.1.2 Setbacks of the HDCP encourage “setbacks that are compatible with adjacent development and complement the streetscape.”

Both existing dwellings would not meet the rear boundary setback requirements under the HDCP as a result of the subdivision. A small portion of the existing dwelling at proposed Lot 112 would be setback less than 3 metres from the rear. However, the majority of the dwelling is setback greater than 3 metres.

However, in this instance, the non-compliance is support as the dwellings exist on the site and the subdivision would not alter the amenity impacts of the existing dwelling houses on surrounding neighbours.

2.6.3 Landscaping

The proposal would not meet the landscaping requirements of Table 6.2(d) Minimum Landscape Area under the HDCP.

The proposed subdivision would not alter the provision of landscaping on the site. The proposal is considered acceptable as the landscaping on proposed Lot 111 and Lot 112 would remain the same as approved under DA/1354/2012.

2.7 Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2012-2021 does not apply to the development as no additional dwellings or allotments are proposed. A development contribution was levied and paid with respect to the previous application for the construction of the multi-unit housing development.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The proposed development does not necessitate the removal of any trees or vegetation on the site.

3.1.2 Stormwater Management

The stormwater on the site currently drains to the street via a 1 metre wide easement along the northern and western side boundary of the site and access handle.

A condition is recommended for the creation of a drainage easement over proposed Lot 111 for the benefit of proposed Lot 112. A condition is also recommended for a “Positive Covenant” and “Restriction as to User” over the constructed underground on-site detention system on proposed Lot 112 and associated outlets. The on-site detention is recommended to be indicated on the title.

Subject to the recommended conditions of consent, the proposed development would have no impact on the existing stormwater management of the site.

3.2 Built Environment

3.2.1 Built Form

The proposed development would not alter the existing built form on the site.

3.3 Social Impacts

The residential subdivision would improve housing mix in the locality by enabling the existing dwellings to be either owner occupied or rented. This is consistent with Council’s Housing Strategy which identifies the need to provide a mix of housing options to meet future demographic needs in Hornsby Shire.

3.4 Economic Impacts

The proposal would not result in an economic impact.

4. SITE SUITABILITY

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

4.1 Bushfire Risk

The land is identified as being subject to bushfire risk. The application was referred to the NSW Rural Fire Service seeking approval under Integrated Development in accordance with Section 91 of the Environmental Planning and Assessment Act 1979. No objections were raised to the development and no conditions were required under section 100B of the ‘Rural Fires Act 1997’.

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 8 June 2017 and 14 July 2017 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received one submission. The submission was received from an anonymous person(s).

NOTIFICATION PLAN
• PROPERTIES NOTIFIED	X SUBMISSIONS RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT
One submission was received by Council from an anonymous person(s)

The submission objects to the development, generally on the grounds that the development would result in:

· Undersized lots;

· Excessive site coverage;

· Pressure on the street; and

· An illegal second dwelling on the site.

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

5.2 Additional housing and land pressure

The submission raises concerns over the pressure an additional lot would have on the street and the legality of the second dwelling on the site.

The application does not propose an additional dwelling and only seeks to subdivide the existing land, to retain the two dwellings. The second dwelling on the site was approved under DA/1354/2007 as part of a multi-unit housing development.

5.3 Public Agencies

The development application was referred to the NSW Rural Fire Service for comment. No objections were raised to the proposed subdivision.

6. THE PUBLIC INTEREST

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

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

CONCLUSION

The application proposes Torrens title subdivision of an existing multi-unit housing development comprising two detached dwellings.

The application does not comply with the Hornsby Local Environmental Plan 2013 in respect to the minimum 500m² lot size. The applicant submitted a Clause 4.6 Variation to Development Standard to the minimum lot size development standards. The objection is considered well founded with regard to the existing development on the site and the principles established by the Land and Environment Court.

Council received one submission during the notification of the proposed subdivision.

Having regard to the circumstances of the case and consideration of the Clause 4.6 Variation to Development Standards, the application is recommended for approval.

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Subdivision Plans

File Reference: DA/531/2017

Document Number: D07262336

Conditions of Approval

GENERAL CONDITIONS

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

1. Approved Plans and Supporting Documentation

*Plan No.*	*Drawn by*	*Dated*
Existing Features, Levels & Contours, Sheet 1 of 2	Chase Burke Harvey Surveyors	9-03-2017
Lot dimensions, Areas, Setbacks & Easements, Sheet 2 of 2	Chase Burke Harvey Surveyors	9-03-2017

*Document title*	*Prepared by*	*Dated*
Statement of Environmental Effects	Ian Glendinning Planning Pty Ltd	May 2017

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:

2. Sydney Water – s73 Certificate

A 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.

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

d) An easement for letterboxes shall be created over Lot 111 benefiting Lot 112. 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.

- 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; and

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

Subdivision Certificate Requirements

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

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

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

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

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

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

Note: At the present time Hornsby Shire Council is the only authority that can be appointed as a PCA for subdivision works within the Shire.

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.

House Numbering

The house numbering for this subdivision shall be:

Lot	Street Number	Street Name	Street Type	Locality
111	9	Braidwood	Avenue	North Epping
112	9A	Braidwood	Avenue	North Epping

Group Manager's Report No. PL52/17

Planning Division

Date of Meeting: 11/10/2017

13 DEVELOPMENT APPLICATION - CHILDCARE CENTRE - 60-74 THE CRESCENT, CHELTENHAM

EXECUTIVE SUMMARY

DA No:	DA/191/2017 (Lodged on 7 March 2017)
Description:	Construction of a 92 place childcare centre
Property:	Cheltenham Recreation Club, Nos 60-74 The Crescent, Cheltenham
Applicant:	Young Scholars @ Cheltenham Pty Ltd
Owner:	The Cheltenham Recreation Club Limited
Estimated Value:	$2,526,825
Ward:	C

· The application involves construction of a 92 place childcare centre.

· The application follows the lapsing of development consent for a 90 place childcare centre approved on the site by Council in July 2014.

· The proposal generally complies with Hornsby Local Environmental Plan 2013, State Environmental Planning Policy (Educational Establishments and Childcare Facilities) 2017 and Hornsby Development Control Plan 2013.

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/191/2017 for construction of a 92 place childcare centre at Lots 1-5 DP 5440, Lot C DP 306966, Lot C DP 328704, Lot 1 DP 335423, Lot G DP 360935, Lot J DP 374758, Lot A DP 303812, Nos 60-74 The Crescent, Cheltenham be approved subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL52/17.

BACKGROUND

On 9 July 2014, Council approved DA/754/2013 for construction of a 90 place childcare centre on the subject site. The development consent was subject to deferred consent commencement conditions for additional information which was not submitted within the required timeframe. The development consent therefore has lapsed.

The proposed development would essentially occupy the same building envelope as the approved proposal.

SITE

The site forms part of the grounds of the Cheltenham Recreation Club which has frontage to The Crescent, The Boulevard and to Lyne Road and includes the Club house, 6 tennis courts, croquet court, 2 bowling greens, landscaped gardens and car park with 35 car parking spaces. The grounds have an area of 1.7 hectares.

The club house building includes a telecommunications facility.

The grounds of the Cheltenham Recreation Club are an item of heritage of local significance. The site is within the Beecroft-Cheltenham Heritage Conservation Area. The site is in the vicinity of heritage items at No. 203 Beecroft Road, Cheltenham comprising a house ‘Edensor’ and at No. 1 The Boulevard, Cheltenham comprising Period Trees (2 x Norfolk Island Pines).

The site of the proposed childcare centre is located in the rear western corner of the Club grounds behind the bowling green and croquet court. The site comprises an open grassed area elevated to the surrounding grounds. An existing driveway off The Crescent extends along the south-eastern side of the clubhouse building to the site. Tennis courts fronting Lyne Road adjoin the south-eastern part of the site.

The development site has an average fall of 5% to the bowling green and croquet court.

The surrounding developments comprise dwelling houses on relatively large allotments. The majority of houses are Federation period dwellings.

The Cheltenham Railway Station and car park are opposite the northern part of the site.

PROPOSAL

The application proposes construction of a single storey childcare centre for 92 places comprising the following:

· 32 places - 0-2 years

· 30 places - 2-3 years

· 30 places - 3-5 years

The proposal includes 23 car parking spaces.

The operation of the centre would involve 17 staff and operating hours of 7am to 6pm Monday to Friday.

The proposal would involve the removal of five trees.

The proposed accessway is over the existing driveway for the Recreation Club. The proposal includes construction of car parking spaces and upgrading of the driveway for the proposed childcare centre.

The proposed childcare centre would be located 200m south of Cheltenham Railway Station.

ASSESSMENT

1. STRATEGIC CONTEXT

1.1 A Plan for Growing Sydney and (Draft) North District Plan

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, Mosman, North Sydney, Ryde, Northern Beaches and Willoughby to form the North District. The Greater Sydney Commission has realised the draft North District Plan which includes priorities and actions for the Northern District for the next 20 years. The identified challenge for Hornsby Shire will be to provide an additional 4,350 dwellings by 2021 with further strategic supply targets to be identified to deliver 97,000 additional dwellings in the North District by 2036.

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

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

The subject land is zoned RE2 Private Recreation under the HLEP. The objectives of the RE2 zone are:

· To enable land to be used for private open space or recreational purposes.

· To provide a range of recreational settings and activities and compatible land uses.

· To protect and enhance the natural environment for recreational purposes.

The proposed development is defined as ‘childcare centre’ and is permissible in the zone with Council’s consent.

2.1.2 Height of Buildings

Clause 4.3 of the HLEP has the objective to permit a height of building appropriate to the site constraints, development potential and infrastructure capacity of the locality. The height of building is not to exceed the height shown for the land on the Height of Buildings Map.

A maximum building height is not shown for the subject land on the Height of Buildings Map.

The proposed building has a maximum height of 5.2m. The surrounding land has a maximum building height of 8.5m which is the maximum height applicable to the land in accordance with the prescriptive measures of Hornsby Development Control Plan 2013 (HDCP). Refer to discussion in Section 2.8.2.

The proposed building height is compatible with surrounding development and is satisfactory in respect to the objective of Clause 4.3.

2.1.3 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. Council’s heritage assessment of the proposal notes that the property is listed as a heritage item (No. 296) Grounds - Cheltenham Recreation Club and located within the Beecroft/Cheltenham Heritage Conservation Area (HCA) under the provisions of Schedule 5 (Environmental Heritage) of the Hornsby Local Environmental Plan 2013 (HLEP).

The property is also located in the vicinity of heritage Items:

· No. 208 - Trees, two Norfolk Island Pines located at No.1 The Boulevard, Cheltenham; and

· No. 268 - Edensor house, garden, stable and wall at No. 203 Beecroft Road.

The Beecroft/Cheltenham HCA is characterised by well-articulated and predominantly single storey buildings from the Victorian, Federation and Inter-War periods. Large domestic gardens, mature trees and remnant tree forest communities combine to create the area’s characteristic landscape.

The Cheltenham Recreation Club grounds is a landmark feature within the local landscape with c1950-60 entry planting relating to the club house building, mature pine trees and important view corridors to the heritage listed trees on adjoining properties.

New building

The new building is contemporary in terms of design and materials. However, its simple form and scale is setback from the streetscape and would be suitably screened by existing buildings and trees.

The Statement of Heritage Impact (prepared by Colin Israel Heritage Advice, dated 16 December 2016) accurately describes the new building to be sympathetic to the building forms and materials evident in the early Federation and later Inter-War period buildings of the site. Accordingly, no heritage concerns are raised to the proposed new childcare building.

Materials, Colours and Finishes

The materials, colours and finishes include:

· Sandstone cladding - base and wall sections,

· Rendered brick work in dulux ‘snowy mountains white’,

· Mino-orb metal cladding in dulux ‘dune’ – under awning sections, and

· Colorbond metal skillion roof in ‘jasper’ (earth tone colour).

The materials and finishes would be compatible with the heritage colour schemes of the early 20^th century and would be sympathetic to the existing buildings on site and its context within the HCA visual backdrop. Therefore, no objections are raised to the selected external colours and finishes (dwg no. a5001).

Landscaping

The application is accompanied by a detailed landscaping scheme specifying generous garden beds to boarder the new childcare building and carpark. The planting schedule contains a suitable mix of ground covers, shrubs and trees sympathetic to the established landscape character of the Recreational Club site and surrounding HCA.

Removal of 2 x Crepe Myrtles (Tree 1 and 2), 1 x Chinese Pinyin (Tree No. 3) and 2 x Lilli Pilli (Tree 6 and 7) would have a minor impact on the c1950-60 planting period within the site. However, the specimens are not formally connected to the significant entry planting group and the new planting scheme will mitigate the loss of greenery and canopy cover within the site.

Minor concern is raised to the exposed Colorbond boundary fence seen in views afforded from The Crescent. Whilst the fence is sympathetically designed with a stone retaining wall and suitable ‘evening haze’ colour scheme, a 1.8m solid boundary fence would have a visual impact. This has been suitably addressed within the statement of heritage impact by the deep setback and screening effect of the existing club house building and the retention of existing trees on site. Accordingly, no objections are raised to the proposed Landscaping Plans (dwg nos. 0598.GD.01-03).

Existing Buildings

The existing brick maintenance shed within the proposed childcare centre site is not included within this proposal and would be retained. It is suitably screened from within the complex and a separate path access has been provided.

Development in the Vicinity of a Heritage Item

The protection and preservation of the two heritage listed Norfolk Island Trees on the neighbouring property, No. 1 The Boulevard, Cheltenham is addressed by recommended tree protection conditions.

Council has received a submission from the owner of No. 203 Beecroft Road, Cheltenham, heritage item No. 268 - Edensor house, garden, stable and wall. The submission objects to the proposed garden bed adjacent the access driveway to the proposed childcare building. The driveway is identified to be the former entry drive to Edensor and a significant part of the heritage item’s curtilage and skyline vista.

The submission refers to a letter prepared by Tropman & Tropman Architects (dated 2 September 2013), that objected to construction of a proposed 2-storey to 3-storey building under the previous childcare centre proposal (DA/754/2013).

The Tropman & Tropman letter identifies the “frontage and north-east skyline vista from the driveway and entry path [to be] very important interpretation elements in maintaining the context and setting for ‘Edensor’ as a substantially intact house and garden. The ability to look along the axis of the former driveway and over the shrubbery to the open space beyond is supportive and respectful of the former entry drive coming in from The Crescent.”

Tropman & Tropman specified “the development should be a maximum of 1-storey (4 metres) in height to avoid being an intrusive element to ‘Edensor’s’ skyline vista.”

The Heritage Impact Statement submitted with the application has included a view analysis for the proposal. Figure 10 illustrates the open view line into the Recreational Club site from the heritage item Edensor, which is restricted by mature existing plantings. Figure 12 is a 1943 aerial photograph that illustrates the former entry drive to Edensor to be boarded by two long garden beds.

On review of the submission request and the original garden layout for the Edensor entry drive, the proposed location of a garden bed flanking the new carpark and existing driveway would have no impact on the significant views from Edensor house and garden. The majority of the important views are screened by mature plantings within the Edensor garden and are identified to be over existing shrubbery. Further, the former entry drive was originally planned with two bordering garden beds.

Summary

The proposed childcare centre would have a minimal impact on the heritage significance of the site and surrounding streetscapes. It has been designed to be sympathetic with the surrounding built environment and is compatible with the heritage guidelines within the HDCP.

The proposed landscaping scheme would have a minimal impact on the significant vistas afforded from the heritage listed item Edensor at No. 203 Beecroft Road, Cheltenham.

2.1.4 Earthworks

Council’s assessment of the proposed works and excavation concludes that the proposal involves minor excavation works. Subject to the recommended conditions for erosion and sediment control measures and construction of retaining walls, the proposal is acceptable in respect to Clause 6.2.

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

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

The site was subject to previous assessment in regards to contamination for DA/753/2013. The site includes an area of fill contaminated with asbestos. Accordingly, a deferred consent commencement condition was imposed as follows:

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

a) A Remedial Action Plan (RAP) must be prepared by a suitably qualified environmental consultant and submitted to Council. The report must be written in accordance with the NSW Environment Protection Authority’s Contaminated Sites – Guidelines for the NSW Site Auditor Scheme.

The applicant has submitted a Detailed Site Investigation Report dated 6 December 2016 together with a Remediation Action Plan (RAP) dated 6 December 2016. The investigation includes seven boreholes (BH) and analysis of 14 primary soil samples. The analysis determined the risk to human health and the environment to be low to negligible other than fill material at BH7 which requires remediation for asbestos contamination. The remediation involves the removal of approximately 12.5m³ of spoil containing fill material. The spoil is to be classified and disposed at a landfill facility licenced by the Environment Protection Authority.

The submitted RAP is acceptable in implementing remediation methods to ensure the site is suitable for the proposed use in accordance with regulatory requirements.

Subject to recommended conditions for implementation of the RAP and validation of the remediated site, the land would be suitable for the proposed development.

2.3 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

The site is located within the catchment of the Lane Cove River, part of the Sydney Harbour Catchment. The aim of the Regional Environmental Plan is to protect and enhance the catchment, promote ecologically sustainable urban development, protect watercourses, riparian lands and remnant vegetation.

Subject to the implementation of sediment and erosion control measures and stormwater management to protect water quality, the proposed development would comply with the relevant requirements of the Plan.

2.4 State Environmental Planning Policy (Educational Establishments and Childcare Facilities) 2017

State Environmental Planning Policy (Educational Establishments and Childcare Facilities) 2017 commenced on 1 September 2017. The Policy includes a savings provision whereby the Policy does not apply to childcare centre development applications made but not determined before commencement of the Policy. The subject application was lodged on 7 March 2017. Notwithstanding, Council must take into consideration the regulatory requirements and the National Quality Framework Assessment Checklist set out in Part 4 of the Childcare Planning Guideline.

The proposed centre is designed to comply with the design quality measures addressed by the Childcare Planning Guideline including fencing, laundry and hygiene facilities, unencumbered indoor and outdoor space, toilet and hygiene facilities, ventilation and natural light, administrative space, nappy change facilities, natural environment, shade and design for supervision. The National Quality Framework Assessment Checklist has been completed in this regard.

Neither the Policy nor the Guideline includes a maximum total for child placements. The proposed 92 place childcare centre would exceed the maximum 90 places prescribed by Hornsby Development Control Plan 2013.

At its meeting on 12 April 2017, Council considered Planning Report PL15/17 concerning draft State Environmental Planning Policy (Educational Establishments and Childcare Facilities) 2017. The report included the following discussion:

The Hornsby Childcare Planning Review 2006 addressed the required size of a centre to be viable. The review recommended a maximum size for childcare centres in residential areas of 60 children and rural areas of 90 children which is a requirement of Council’s HDCP. Since the completion of the above review, there have been various reforms to National and State controls for childcare centres, including the requirement for higher quality facilities, qualified staff, and lower staff to children ratios. These reforms, in addition to other development cost factors, are now generating the need for larger childcare centres to be viable.

The objective of the Draft SEPP is to respond to the demand for quality childcare centres and to require centres to be assessed on their merits, and not be constrained by an artificial cap on the scale of facilities.

Council resolved to exhibit amendments to the Hornsby Development Control Plan 2013 (HDCP) to provide consistency with SEPP (Educational Establishments and Childcare Facilities) 2017, including removal of the existing cap on the size of childcare facilities. Pending inclusion in a future Strategic Planning Program, notations are to be included in the HDCP Section 7 Community to refer to the relevant provisions of the Policy. Accordingly, the minor non-compliance with the maximum size for childcare centres under the HDCP, does not warrant refusal of the application.

2.5 Children (Education and Care Services) Supplementary Provisions Regulation 2012

NSW Education and Communities regulates the licensing and operation of childcare centres in accordance with the above Regulation. Clause 28 of the Regulation provides for the functional space requirements for childcare centre premises. The following table sets out the proposal’s compliance with the Regulation:

Control	Proposal	Compliance
Consultation Room	Staff Room / Reception Area	No
Respite Staff Room	Staff Room	Yes
Sleeping Room 0-2 yr	Cot Rooms	Yes
Min 3.25m² Indoor Play Space per child	3.25m²	Yes
Min 7.0m² Outdoor Play Space per child	7m²	Yes
Max 40 places 0-2 year old	32	Yes
Laundry	Laundry	Yes
Separate Sink Craft Area	Indoor play areas include craft sinks	Yes
Food Preparation Facilities	Kitchen	Yes
Toilets and Washing Facilities	Three bathrooms / seven toilets for children and two toilets for staff	Yes
Nappy Change Facilities	Nappy Change Room	Yes
Storage Facilities	Storerooms – Indoor and Outdoor	Yes

The proposal would generally meet NSW Education and Communities regulatory space requirements for the operation of a childcare centre. The applicant submits the requirement for a consultation room could be met by the proposed staff room, subject to licencing by NSW Education and Communities.

The centre would employ 17 staff members including two administrative staff, in compliance with the respective staff/child ratios as follows:

· 1:4 for children under 2 years (32 children = 8 staff)

· 1:8 for children between 2 and 3 years (30 children = 4 staff)

· 1:10 for children between 3 and 6 years (30 children = 3 staff)

A minimum of 4 qualified teaching staff would be required for the proposed centre.

A condition is recommended that the outdoor play space be adequately shaded in accordance with The Shade Handbook, published by the New South Wales Cancer Council in 2008 prior to the issue of the Occupation Certificate.

A condition is recommended for a registered architect to certify the Construction Certificate plans meet the design criteria for childcare centres in accordance with Children (Education and Care Services) Supplementary Provisions Regulation 2012.

2.6 Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) – Radiation Protection Standard

The Cheltenham Recreation Club building includes a mobile phone telecommunications facility which includes five antennas. The submitted RFEME Prediction Report - Cheltenham prepared by Brendon Woods Consulting Pty dated 1-2-2017 includes testing of electromagnetic field levels on the site of the proposed childcare centre and along the accessway, in accordance with the ARPANSA Radiation Protection Standard – Maximum Exposure Levels to Radiofrequency Fields – 3 kHz to 300 GHz (2002) RPS3. The survey report includes the following conclusion:

“Calculated RFEME levels within the proposed childcare development are well below the ARPANSA RPS3 general public exposure limits and comply with council DA requirements.

Calculated RFEME levels using the ARPANAS methodology and the limits specified in the ARPANSA RPS3 standard within the proposed childcare development at 60-74 The Crescent, Cheltenham were estimated to be below 4.12% of the General Public Exposure limit (Refer Appendix Calculation Results Table). The value of 4.12% includes the existing and proposed upgrades of the mobile base station.

Calculated levels are typical of what is recorded within the general community:-

From 2007 to 2013 ARPANSA coordinated a survey of environmental radio frequency electromagnetic energy (RFEME) levels arising from mobile phone base station antennas.

The purpose of the surveys was to confirm that the highest levels of measured RE EME due to these antennas is within the limits set by the ARPANSA radiofrequency exposure standard RPS3 and consistent with the predictions made in the Environmental EME Report relevant to that installation.”

The maximum exposure levels for persons of all ages and health status determined by the NHMRC is 1000mG. The calculated RFEME levels within the proposed childcare centre site, is estimated to be 4.12% below the maximum exposure level. The existing telecommunications facility is required to operate in accordance with the Australian Communications Media Authority Radiocommunications Licence Conditions (Apparatus Licence) Determination 2003 which mandates the ARPANSA Radiation Protection Standard.

The site of the proposed childcare centre is therefore suitable in respect to the Commonwealth requirements for the operation of the existing telecommunications facility on the site.

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

2.8 Hornsby Development Control Plan 2013

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

Hornsby Development Control Plan 2013 – Part 7 Community Uses
Control	Proposal	Requirement	Compliance
Site Area	1.7 hectares	N/A	N/A
Site Coverage	8%	Max. 30%	Yes
Height	5.2m	8.5m	Yes
Maximum Number of Places	92	90	No
% Places 0-2 yr	35%	25% min	Yes
Rear Setback	1.5m	3m	No
North West Side Setback	1.46m - 2.35m	3m	No
South East Side Setback	4.3m	3m	Yes
North East Setback (Front)	> 6.5m	6m	Yes
Outdoor Play Area	7m² per child	15m² per child	No
Indoor Play Area	3.25m² per child	4.5m²per child	No
Landscaping	> 45%	45%	Yes
Car Parking	23 spaces	23 spaces	Yes

As detailed in the above table, the proposed development does not comply with a number of the prescriptive measures within the HDCP which are discussed as follows.

2.8.1 Site Requirements

The proposed site within the Cheltenham Community Recreation Club grounds would be consistent with the HDCP site requirements for centres to be readily accessible, to minimise land use conflicts and be co-located with other community uses.

The proposed childcare centre site is on an existing battle-axe lot. The site could not be annexed as a separate holding due to the existing improvements over lot boundaries. The site of the proposed childcare centre would form part of the overall site of the Recreation Club and grounds. In this regard, the non-compliance with HDCP requirement for centres not to be located on battle-axe lots is acceptable.

The site is not in the vicinity of excessive noise sources or intensive or hazardous land uses.

The desired outcomes of the HDCP for site requirements for community uses would be met by the proposed childcare centre.

2.8.2 Scale

The proposed single storey building is sited on an existing allotment which forms part of the expansive grounds of the Cheltenham Recreation Club with an area of 1.7 hectares.

The proposed building would have an overall length of 42.5m at the rear elevation and the adjoining rear boundary of existing dwelling houses. The proposed building would be sited lower than existing ground level along the rear boundary and would be predominantly screened by the existing rear fence and screen planting. The proposed building would not have a significant visual impact.

The proposed building and the existing club premises buildings would result in total site coverage of 8%. The scale of development on the site would be substantially less than the surrounding low density residential area due to the expansive grounds of the recreation club. The proposal would comply with the maximum site coverage of 30% applicable to site areas of 1500m²or larger in accordance with HDCP.

The proposed 92 place childcare centre would exceed the maximum of 90 places prescribed by HDCP for the RE2 Private Recreation zone. The proposed non-compliance is acceptable given the two additional places would not substantially increase the scale of the development. In this regard, the proposed development would occupy the same building footprint as the previous 90 place childcare centre approved for the site (DA/754/2013). Further, as discussed in Section 2.4, Council has resolved to amend the HDCP to remove the cap on the maximum number of places in accordance with State Government legislation.

The proposal would meet the desired outcome of HDCP for development of a scale compatible with the character of the area.

2.8.3 Setbacks

The proposed childcare centre would not comply with the required 3m setbacks from the rear and north-western side boundaries. The proposed rear and north-western side setbacks are the same setbacks approved for the previous childcare centre proposal (DA/754/2013).

The proposed building is set below the level of the rear boundary and would have a height 800mm above the 1.8m high fence at the rear elevation. The proposed setback would not result in a visual or privacy impact and is acceptable in maintaining the low density character of the area. Compliance with the required 3m rear setback would result in the existing landscaping bordering the croquet court being removed.

The proposed 1.46m – 2.35m setback to the north-western side boundary is similarly acceptable as the building elevation does not include any openings, is low in scale and would not detract from visual amenity or privacy. The proposed building would be generally screened by existing vegetation along the north-western side boundary.

The proposed building otherwise has frontage to the expansive grounds and sporting facilities of the Recreation Club fronting Lyne Road and The Crescent.

The proposed setbacks are acceptable in respect to low density residential amenity and would meet the HDCP desired outcomes for setbacks.

2.8.4 Landscaping

The proposed childcare centre site forms part of the grounds of the Cheltenham Recreation Club and includes lawn areas, trees and shrubs.

The site includes 16 trees including six trees adjoining the site. The proposal would require the removal of five trees, Tree Nos. 1, 2, 3, 6 and 7. None of these trees are identified as significant. Tree Nos. 1, 2 and 3 are structurally unsound exotic tree species. Tree Nos. 6 and 7 are locally indigenous (Acmena smithii – Lilli Pilli) but are immature trees with poor structural branch union. The removal of the five trees is acceptable for the proposal.

The proposed development would be within the tree protection zones of Trees Nos. 8, 9, 11 and 12 on adjoining land. The applicant has submitted details of root mapping and pier and beam construction demonstrating that these trees would be retained for the proposed development. Tree No. 11 is a significant tree (Araucaria heterophylla – Norfolk Island Pine), listed as a heritage item under HLEP.

Appropriate conditions are recommended for the protection of the trees to be retained including monitoring of Tree No. 10 (Lophostemon confertus – Brushbox) located within the proposed outdoor play area.

The submitted landscape plan includes appropriate plantings to soften the development in relation to the surrounding Recreation Club grounds. The proposed landscaping would comprise greater than 45% of the site area for the proposed building in accordance with the HDCP prescriptive measure.

The proposal would meet the HDCP desired outcome for landscaping subject to recommended conditions. Refer also to discussion in Section 2.8.7.

2.8.5 Open Space

The applicant submits that the proposed outdoor play area as detailed in the submitted landscape plan is designed with regard to the HDCP best practice guidelines for outdoor play space and includes:

· Open area for gross motor skills like running;

· Quiet area for focused play like a sandpit and formal quiet area for contained play like finger painting; and

· Active area for busy physical play like climbing.

The proposed outdoor play area includes a covered outdoor verandah area which comprises 30% of the proposed 644m² outdoor play area. The proposed area equates to 7m² per child. The HDCP prescriptive measure is for 15m²per child for areas within recreation zones. The proposed non-compliance is acceptable with regard to the 7m² per child prescribed by the Children (Education and Care Services) Supplementary Provisions Regulation 2012 and the Childcare Planning Guideline published with State Environmental Planning Policy (Educational Establishments and Childcare Facilities) 2017 on 1 September 2017, and the previous childcare centre proposal approved for 7m² outdoor play space per child (DA/754/2013). As discussed in Section 2.4 the HDCP is to be amended to address inconsistency with the State Government legislation.

The proposed outdoor play area is screened by the proposed U-shaped building in relation to adjoining residents minimising land use conflicts.

The proposed outdoor play area is satisfactory in respect to the HDCP desired outcomes for open space.

2.8.6 Privacy, Security and Sunlight

The proposed childcare centre is single storey, is oriented away from adjoining properties and would not detract from residential amenity in respect to privacy and access to sunlight.

The proposed building layout and location of the centre provides a clearly defined access point and would promote casual surveillance of the building entry and car park.

The proposal would meet the HDCP desired outcome for privacy, security and sunlight.

2.8.7 Vehicle Access and Parking

The existing driveway along the southern side of the clubhouse is proposed for upgrading and extension for the proposed childcare centre. The proposed extension includes a turning area at the top of the driveway. The existing Club car park is located off the southern side of the driveway. The existing vehicle crossing is a single lane crossing.

The previous proposal (DA/754/2013) was subject to a condition for a passing bay at the frontage. The subject proposal is for a passing bay to be provided over the car park entry which the applicant submits is to avoid loss of existing landscaping at the frontage.

The Crescent adjoins a row of commuter car parking spaces alongside the railway opposite the existing driveway entry and is subject to vehicle manoeuvring for parking. To ensure traffic and road safety, a condition is recommended for provision of a passing bay at the frontage to limit vehicle queuing at the frontage.

A condition is recommended for the landscaping plan to be amended to address the widening of the driveway in the streetscape and to retain and protect existing trees.

The proposed car parking is for a row of 23 car parking spaces along the northern side of the extended driveway. The proposed car parking provision complies with the HDCP requirement for 1 space per 4 children. The proposed accessway includes a pathway for pedestrian access and landscaping.

Subject to recommended conditions, the proposal is satisfactory in meeting the HDCP desired outcomes for vehicle access and parking.

2.8.8 Design Details

The proposed low set building is single storey and designed around the outdoor play area. The proposed building includes minimal openings to neighbouring properties and is designed to minimise amenity impacts.

The proposed finishes include a mix of sandstone, rendered brick and metal cladding providing contrast in the presentation of the building.

The proposed indoor play area is less than the HDCP requirement for 4.5m² per child applicable to the recreation zoned site. An area of 3.25m² is applicable to urban zoned land. The required 3.25m² is inconsistent with State Government legislation. The proposed non-compliance is acceptable as discussed in Section 2.8.5 above.

The proposed building is appropriately landscaped and would not detract from the visual quality of the surrounding residential area or the grounds of the recreation club. Refer also to Section 2.1.2.

2.8.9 Accessible Design

The application includes an Access and Compliance Requirements Assessment Report dated 8 December 2016 prepared by an accredited access consultant.

The Report states that the proposed childcare centre complies with the Disability (Access to Premises-Buildings) Standard 2010 in providing access to and within all areas normally used by the occupants including staff, children and visitors. Further, that the plans assessed reflect the accessibility / services / facilities of the building comply with AS 1428.1 – 2009 Design for access and mobility (public/common areas) and any other relevant Australian Standard.

The proposal complies with the accessible design general prescriptive measures of HDCP.

2.8.10 Waste Management

The proposed childcare centre includes appropriate design for waste management with a bin storage area at the rear of the building housing 4 x 240 litre bins (garbage waste), 5 x 240 litre bins (recyclables) and 2 x 240 litre bins (garden organics). Ventilated under bench bins within the 0-2 year nappy change area are proposed for direct collection by waste contractor.

The proposed waste management is for servicing by a commercial waste contractor at the frontage of the site.

The submitted Waste Management Plan is assessed as satisfactory for the proposal subject to recommended conditions.

2.8.11 Noise and Vibration

The application includes an Acoustic Assessment dated December 2016 prepared by an acoustical engineer.

The assessment establishes the noise level limit of 43 dB(A) for the proposed operating period for the childcare centre from 7am to 6pm Monday to Friday, which is 5dB(A) above the background noise level. The 43 dB(A) noise level limit is the same limit as that established by the previous noise level assessment (DA/754/2013).

The assessment includes drop-off and pick-up vehicle movement noise impacts on neighbouring residents; the noise level generated internally by the proposed centre’s operation; and the mitigation of the resulting noise level by the proposed building design, including with doors open to the outdoor play area. The resulting noise emission levels at neighbouring residences, from the operation of the car park and the internal noise generated by the childcare centre, are acceptable in respect to the established noise limit.

The assessment of the proposed outdoor play area external noise emission level is in accordance with the following criteria:

Two groups x 16 infants - 82 dB(A)

Two groups x 15 toddlers - 89 dB(A)

Two groups x 15 pre-schoolers - 92 dB(A)

The proposed building would mitigate the external noise levels to the upper level windows of the residences at No. 201C Beecroft Road, No. 201B Beecroft Road and No. 5 The Boulevard, Cheltenham to 36 dB(A) or less.

The external noise level at the upper level windows of the residence at No. 3A The Boulevard, Cheltenham is 51 dB(A). The noise level would be mitigated to 38 dB(A) subject to the recommended installation of a noise barrier extending from the north-west wing of the building to the north-eastern boundary. The submitted elevation plan (a5001) details a section of the recommended noise barrier.

The assessment also recommends dampening of the proposed metal deck roofing to mitigate noise impacts from rain. A Noise Management Plan is recommended for the operation of the proposed childcare centre.

Subject to recommended condition for implementation of the acoustic assessment recommendations, the proposed childcare centre would comply with the HDCP prescriptive measures for noise generating development.

2.8.12 Stormwater Management

The proposed stormwater drainage is for connection to the existing drainage system and to Council’s street drainage system in The Crescent. The proposed drainage system includes an on-site detention basin in accordance with the HDCP prescriptive measures.

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

2.9 Section 94 Contributions Plans

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

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The proposed removal of Trees Nos. 1, 2, 3, 6 and 7 is acceptable given the structural condition of the trees. Refer to discussion in Section 2.8.4.

The submitted landscaping plan includes locally indigenous trees (9 x Blueberry Ash – Elaeocarpus reticulatus) and shrubs (44 x Callistemon) which would contribute to biodiversity and the natural environment.

3.1.2 Stormwater Management

The proposed stormwater management system is satisfactory in minimising impacts on downstream water quality.

3.2 Built Environment

3.2.1 Built Form

The proposed purpose built childcare centre building would be a low scale building designed to mitigate noise impacts on neighbouring residents and an appropriate design response to the setting of the site within the landscaped grounds of the Cheltenham Recreation Club.

3.2.2 Traffic

A traffic and parking assessment has been submitted with the proposal which estimates that the proposed development would generate an additional 74 vehicles during peak hour, ie. 37 vehicles in and 37 vehicles out, in accordance with the Roads and Maritime Services Guide to Traffic Generating Developments (GTGD) traffic generation rate of 0.8 peak hour vehicle trips per child.

The proposed traffic generation during the AM and PM peak hours is below the environmental capacity performance standard for local streets of 200 vehicles per hour and would not detract from the capacity of the local road network.

Council’s engineering assessment of the traffic impacts of the development concludes that the proposed layout of the driveway, car parking spaces and pedestrian access is adequate for the proposal subject to recommended condition for 6m wide vehicle accessway at the frontage.

3.3 Social Impacts

The proposed childcare centre would provide an extra 92 childcare spaces in close proximity to public transport and create employment opportunities with 16 staff required for the centre’s operation.

The proposal would therefore make a positive social contribution to the local community.

3.4 Economic Impacts

The proposal would have a minor positive impact on the local economy 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 site is not identified as bushfire prone or flood prone land.

The site is considered to be suitable for the proposed development subject to remediation of contamination as discussed in Section 2.2.

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 20 March and 5 April 2017 and was renotified between 16 May and 30 May 2017, in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received six submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

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

Six submissions objected to the development. The grounds for objection are addressed as follows:

5.1.1 Heritage Conservation

A submission raises concerns the proposed accessway over the existing driveway would detract from the historic connection of the driveway for ‘Edensor’ through the Cheltenham Recreation Club site.

The proposed accessway would maintain the former driveway connection and would not detract from the heritage significance of the item ‘Edensor’. Refer to discussion in Section 2.1.2.

5.1.2 Noise Attenuation

A submission raises concerns the noise emission level with all doors open would be 2 dB(A) over the established limit at the upper windows of an adjoining residence.

A condition is recommended for the installation of a noise barrier and a Noise Management Plan which is to limit noise emission below the established level of 43 dB(A) at the boundary. Refer to discussion in Section 2.8.11.

5.1.3 Stormwater Drainage

Submissions raise concerns the proposed retaining wall along the rear boundary will impact on stormwater drainage.

The adjoining properties have a gradual fall to the rear boundary.

A condition is recommended for the stormwater drainage behind the retaining wall to connect with the proposed stormwater drainage system and for the wall height not to extend above existing ground level.

Subject to recommended conditions the proposed retaining wall would not result in flooding of neighbouring properties.

5.1.4 Traffic and Car Parking

A submission raised concerns the proposal would reduce available parking in the locality.

The proposed on-site car parking provision is in accordance with Council’s requirements for the proposed childcare centre and would not necessitate parking in the street.

5.2 Public Agencies

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

6. THE PUBLIC INTEREST

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

The application is 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 proposal is for construction of a 92 place childcare centre.

The proposed childcare centre is single storey and designed with regard to the previous childcare centre approved by Council on the site for which the development consent has lapsed.

The proposed childcare centre complies with Hornsby Local Environmental Plan 2013 and the Children (Education and Care Services) Supplementary Regulation 2012. The provisions of the recently published State Environmental Planning Policy (Education Establishments and Childcare Facilities) 2017 include a saving provision whereby the Policy does not apply to the undetermined application, notwithstanding the proposal would meet the recent Policy’s design criteria.

The proposal complies with the relevant provisions of the HDCP other than the required maximum number of childcare places and the minimum indoor and outdoor play area space per child. The non-compliance is acceptable with regard to compliance with the State regulatory requirements and to the Council’s resolution to amend the HDCP consistent with the State Environmental Planning Policy (Education Establishments and Childcare Facilities) 2017.

The application is satisfactory in respect to SEPP 55 and the submitted Remediation Action Plan.

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

The application is recommended for approval subject to the recommended conditions in Schedule 1 of this report.

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	Site Plan
3.View	Floor Plan
4.View	Roof Plan
5.View	Elevations and Sections
6.View	Parking / Driveway
7.View	Materials and Finishes
8.View	Landscaping

File Reference: DA/191/2017

Document Number: D07276183

SCHEDULE 1

GENERAL CONDITIONS

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

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

1. Approved Plans and Supporting Documentation

Plan No.	Plan Title	Drawn by	Dated
A0000 Rev A	Title Page/Location Map	RFA Architects	14.02.17
A2001 Rev A	Site Analysis Plan	RFA Architects	Feb 2017
A2100 Rev A	Site Plan	RFA Architects	Feb 2017
A2101 Rev B	Ground Floor Plan	RFA Architects	Feb 2017
A2102 Rev A	Roof Plan	RFA Architects	Feb 2017
A3001 Rev A	Elevations + Section 1	RFA Architects	Feb 2017
A4001 Rev A	Parking/Driveway Details	RFA Architects	Feb 2017
A5001 Rev A	External Finishes & Colours	RFA Architects	Feb 2017
A6001 Rev A	Waste Management Plan	RFA Architects	Feb 2017
0598.GD.01	Landscape Plan – Area 1	Greenland Design	February 2017
0598.GD.02	Landscape Plan – Area 2	Greenland Design	February 2017
0598.GD.03	Landscape Details & Specification	Greenland Design	February 2017
S10.01	General Notes	Engineering Studio	27.06.17
S11.01	Ground Slab Layout Plan	Engineering Studio	27.06.17
S11.02	Ground Details Sheet	Engineering Studio	27.06.17

Document Title	Prepared by	Dated
Detailed Site Investigation ES6742 Rev 0	Aargus	6 Dec 2016
Assessment of Significant Trees	Malcolm Bruce	11/01/2017
Root Mapping Report	Birds Tree Consultancy	16 June 2017
Tree Management Plan Lophostemon confertus	Malcolm Bruce	28/06/2017
RFEME Prediction Report - Cheltenham	Brendon Woods Consulting	1-2-2017
Acoustics Assessment	BGMA Pty Ltd	Dec 2016
Access and Compliance Assessment Report	PSE Access Consulting	8 Dec 2016
Waste Management Plan	Joan E Stone	28/2/17

2. Removal of Existing Trees

a) This development consent permits the removal of trees numbered 1, 2, 3, 6 and 7 as identified on the Tree Location Plan - Figure 3 of the Significant Tree Assessment prepared by Malcolm Bruce, dated 11/01/2017.

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

3. Tree Pruning

a) This development consent only permits the pruning of trees numbered 8 and 9 as identified on the Tree Location Plan – Figure 3 of the Significant Tree Assessment dated 11/01/2017 prepared by Malcolm Bruce.

b) All pruning works must be undertaken by an arborist with minimum AQF3 qualifications in accordance with AS4373-2007 – “Pruning of Amenity Trees”.

c) All pruning works must not significantly alter the structure of the tree(s)

d) Any pruning on trees must not exceed 20% of the total foliage area.

e) When undertaking tree works, the use of equipment that will wound the bark and conductive tissues shall not be used on, or in sections of a tree to be retained, (ie: spurs, spikes, hooks, chained platforms lowering systems or any other tools that will penetrate or severely bruise bark and conductive tissue)

f) Certification of the tree pruning must be submitted to the Principal Certifying Authority (PCA) within 7 days of the works being undertaken, confirming compliance with the relevant requirements of Australian Standard AS4373-2007 – “Pruning of Amenity Trees”.

Note: The pruning of any other trees from the site requires separate approval by Council in accordance with Part 1B.6 Tree and Vegetation Preservation of the Hornsby Development Control Plan 2013 (HDCP).

4. Amendment of Plans

To comply with Councils requirement in terms of landscaping and acoustics, the approved plans are to be amended as follows:

a) The landscaping plan is to be amended to address the required widening of the driveway in the streetscape and to retain and protect the existing trees fronting the driveway entry.

b) The landscaping plan is to be amended to retain and protect Tree No. 10 – Lophostemon confertus (Brushbox) in accordancd with the Tree Management Plan dated 28/06/2017 prepared by Malcolm Bruce.

c) A noise barrier is to be erected extending from the north-west wing of the building to the north-eastern boundary in accordance with the recommendations of the Acoustic Assessment prepared by BGMA dated December 2016.

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

5. Construction Certificate

a) A Construction Certificate is required to be approved by Council or a Private Certifying Authority (PCA) 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 94A Development Contributions

a) In accordance with Section 80A(1) of the Environmental Planning and Assessment Act, 1979 and the Hornsby Shire Council Section 94A Development Contributions Plan 2014-2024, $25,268.25 must be paid to Council to cater for the increased demand for community infrastructure resulting from the development, based on development costs of $2,526,825.

b) The value of this contribution is current as at 8 September 2017. If this contribution is not paid within the financial quarter that this condition was generated, the contribution payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 94 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$CPY = $CDC x CPIPY

CPIDC

Where:

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

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

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

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

c) The monetary contributions must be paid to Council:

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

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

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

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

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

Council’s S94A Development Contributions Plan may be viewed at www.hornsby.nsw.gov.au or a copy may be inspected at Council’s Administration Centre during normal business hours.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

7. Building Code of Australia

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

8. Utility Services

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

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

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

9. 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.

10. Appointment of a Project Arborist

c) A project arborist with AQF Level 5 qualifications must be appointed to provide monitoring and certification throughout the construction period.

d) Details of the appointed project arborist must be submitted to Council and the PCA for registration with the application for the construction certificate.

11. 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.

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

i) Public notification of proposed works;

ii) Long term signage requirements;

iii) Short term (during actual works) signage;

iv) Vehicle Movement Plans, where applicable;

v) Traffic Management Plans;

vi) Pedestrian and Cyclist access and safety;

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

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

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

12. Stormwater Drainage

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

a) Australian Standards AS 3500.3 and Hornsby Shire Council’s Civil Works Design Specification.

b) A grated trench drain shall be provided at the front boundary alignment to collect surface water from the driveway.

c) Connected directly to Council’s street drainage system.

13. On Site Stormwater Detention

An on-site stormwater detention system must be designed by a chartered civil engineer and constructed generally in accordance with Job No. 14566 Drawing No. C00.01, C02.01, C02.02 Revision D dated 23.06.2017 by Engineering Studio and the following requirements:

a) Have a capacity of not less than 47 cubic metres, and a maximum discharge (when full) of 25 litres per second;

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

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

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

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

14. Vehicular Crossing

A separate application under the Local Government Act, 1993 and the Roads Act 1993 being an “Application for Boundary Levels” must be submitted to Council to obtain design levels at the front boundary for the design of the internal driveway, prior to the issue of a construction Certificate.

Note: A separate application to construct the vehicular crossing being an “Application to Construct Vehicular Crossing from Roadway to Property” is required to be submitted to Council for approval and can only be made by one of Council’s Authorised Vehicular Crossing Contractors. You are advised to contact Council on 02 9847 6940 to obtain a list of contractors.

15. Internal Driveway/Vehicular Areas

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

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

b) The driveway must be a rigid pavement;

c) A passing bay shall be provided at the front boundary alignment with a minimum width of 6 metres over a 6 metre length excluding transitions. The vehicular crossing shall be widened to enable two B99 vehicles to pass each other.

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

16. Acoustic Treatment

Acoustic treatment must be provided to the development in accordance with the recommendations contained within the Acoustics Assessment dated December 2016 prepared by BGMA Pty Ltd.

17. Childcare Centre Design

A registered architect must certify that the construction certificate plans meet the design criteria for childcare centres in accordance with Children (Education and Care Services) Supplementary Provisions Regulation 2012.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

18. Erection of Construction Sign

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

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

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

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

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

19. Protection of Adjoining Areas

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

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

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

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

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

20. Toilet Facilities

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.

21. 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.

22. Installation of Tree Protection

All tree protection fencing for the trees to be retained must have the protection measures for the ground, trunk and canopy installed in accordance with the relevant requirements of Australian Standard AS 4970-2009 - “Protection of Trees on Development Sites”.

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. 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

25. Environmental Management

26. Street Sweeping

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

27. 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.

28. Landfill

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

29. Excavated Material

30. Works within Tree Protection Zones

a) Root Pruning

All root pruning must be undertaken in accordance with the relevant requirements of Australian Standard AS 4970-2009 “Protection of Trees on Development Sites” - Sections 3.3.4, 4.5.4 and 4.5.5.

b) Footings

To minimise development impacts within the Tree Protection Zones of trees numbered 10 & 11 to be retained, the foundations/footings must be constructed in accordance with the approved plans prepared by Engineering Studio dated 27.06.17.

c) Excavation

Any necessary excavations within the Tree Protection Zone of trees to be retained on the approved plans, must be undertaken using construction techniques as prescribed in the Australian Standard AS 4970-2009 – “Protection of Trees on Development Sites” Section 4.5.5 under the supervision of the appointed project arborist.

d) Installing Services

To minimise the environmental impacts of the development within the Tree Protection Zone (TPZ) of trees to be retained on the approved plans:

i) The installation of any underground services which either enter or transect the designated TPZ must utilise sensitive methods such as directional drilling or manual excavation.

ii) The installation of any underground services must be inspected by the project arborist to monitor the likely impacts of the development on retained trees.

iii) For manual excavation of trenches the project arborist must advise on roots to be retained and must monitor the works. Manual excavation may include the use of pneumatic and hydraulic tools. Refer Section 4.5.3 of Australian Standard AS 4970-2009 – “Protection of Trees on Development Sites”

31. Building Materials and Site Waste

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

32. Works near trees certification

a) The project arborist must submit to the principal certifying authority on a monthly a certificate that the works have been carried out in compliance with the approved plans and specifications for tree protection.

b) Certification should include a statement of site attendance, the condition of the retained trees, details of any deviations from the approved tree protection measures and their impacts on trees.

Note: Copies of monitoring documentation may be required by the PCA and/or Council.

33. 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 and be submitted to Council. The TCP must detail the following:

c) Arrangements for public notification of the works.

d) Temporary construction signage.

e) Permanent post-construction signage.

f) Vehicle movement plans.

g) Traffic management plans.

h) Pedestrian and cyclist access/safety.

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.

34. Final Certification Arborist

a) The suitably qualified person holding a certificate III in Horticulture must submit to the principal certifying authority a Statement/or/Certification confirming all tree replacement requirements have been completed in accordance with approved landscape plans and conditions of consent.

b) The Project supervisor must submit to the principal certifying authority all relevant certificates with the application for the occupation certificate stating compliance with all the conditions of this consent.

c) The Project arborist must submit to the principal certifying authority a certificate that all the completed works have been carried out in compliance with the approved plans and specifications for tree protection.

d) Certification must include a statement of overall site attendance, the condition of the retained trees, details of any deviations from the approved tree protection measures and their impacts on trees.

Note: Copies of monitoring documentation may be required.

35. Vehicular Crossing – Construction

A separate application under the Local Government Act, 1993 and the Roads Act 1993 being an “Application to Construct Vehicular Crossing from Roadway to Property” 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 Specification 2005 and the following requirements:

a) Crossing levels at the front boundary must be constructed to the design levels obtained from Council;

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

c) The footway area must be restored by turfing;

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

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

36. Retaining Walls

All required retaining walls must be constructed as part of the development in accordance with the approved plans. The finished level at the top of the retaining wall along the southern boundary shall be no higher than the existing ground level of the adjoining property. All subsoil drainage behind any retaining wall shall be drained to the approved stormwater drainage system.

37. Damage to Council Assets

Any damage caused to Council’s assets including the removal, damage, destruction, displacement or defacing of the existing survey marks as a result of the construction of the development must be rectified in accordance with Council’s written requirements and at the sole cost of the applicant.

38. Preservation of Survey Marks

A certificate by a Registered Surveyor shall be submitted to the Principal Certifying Authority, certifying that there has been no removal, damage, destruction, displacement or defacing of the existing survey marks in the vicinity of the proposed development or otherwise the 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”.

39. Creation of Easements

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

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

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

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

40. Works as Executed Plan

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

41. Acoustic Certificate

On completion of all works and prior to the issue of an Occupation Certificate, the certifier is to be provided with a certificate from a qualified acoustic engineer/consultant certifying that all acoustic works have been completed in accordance with the recommendations contained in the Acoustics Assessment dated December 2016, prepared by BGMA Pty Ltd.

42. Site Remediation Verification

The applicant must provide documentation from a suitably qualified environmental consultant verifying that the site has been remediated in accordance with the NSW Environment Protection Authority’s Contaminated Sites – Guidelines for Consultants Reporting on Contaminated Sites, the Contaminated Sites- Sampling Design Guidelines Contaminated Sites – Guidelines for the NSW Site Auditor Scheme and the recommendations of the Remediation Action Plan prepared by Aargus, document number ES6742/2 Rev 0 dated 6 December 2016.

43. Outdoor Play Space

The outdoor play space must be adequately shaded in accordance with The Shade Handbook, published by the New South Wales Cancer Council in 2008.

44. Food Premises

The fit out and operation of that part of the building to be used for the manufacture, preparation or storage of food, must be in accordance with Australian Standard 4674-2004 – Design and fit out of food premises, the Food Act 2003, and the Food Regulation 2015 and the Food Standards Code developed by Food Standards Australia New Zealand. Food Standards 3.3.1. 3.2.2 and 3.2.3 are mandatory for all food businesses.

Note: Walls are to be of solid construction.

45. Kitchen Exhaust Installation

A kitchen exhaust system must be designed and installed to effectively prevent air pollution in accordance with the Protection of the Environment Operations Act 1997.

OPERATIONAL CONDITIONS

46. Use of Premises

a) The development approved under this consent shall be used for a childcare centre and not for any other purpose without Council’s separate written consent.

b) The childcare centre is to operate in accordance with the Noise Management Plan at Appendix A of the Acoustic Assessment dated December 2016 prepared by BGMA Pty Ltd.

47. Hours of Operation

The hours of operation of the premise are restricted to those times listed below:

Monday to Friday 7 am to 6 pm

(Other than 4 Saturdays per year for special occasions)

48. Noise

49. Number of Children

The centre shall accommodate a maximum of 92 children with a minimum of 25% of children within the 0-2 age group as at 1 January of each calendar year.

50. Car Parking

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

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

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

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

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

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

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

51. Waste Management

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

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

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

c) All bins must be placed along The Crescent for waste and recycling collection services evening before the day of the weekly garbage collection, and the bins are to be returned to the on-site bin storage area promptly afterwards.

d) A Work, Health & Safety (WHS) risk assessment is to be carried out by a suitably qualified person with qualifications in Work, Health & Safety Legislation with specific regard to waste management. The recommendations of the WHS Risk Assessment are to be implemented as required.

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

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

c) Mandatory inspections of nominated stages of the construction inspected.

d) 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.

Asbestos Warning

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

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.

Advertising Signage – Separate DA Required

This consent does not permit the erection or display of any advertising signs. Most advertising signs or structures require development consent. Applicants should make separate enquiries with Council prior to erecting or displaying any advertising signage.

Dial Before You Dig

Telecommunications Act 1997 (Commonwealth)

Food Authority Notification

The NSW Food Authority requires businesses to electronically notify the Authority prior to the commencement of its operation.

Note: NSW Food Authority can be contacted at www.foodnotify.nsw.gov.au.

Council Notification – Food Premises

Prior to the commencement of the business, the operator is requested to contact Council’s Environmental Health Team to arrange an inspection for compliance against the relevant legislation and guidelines outlined in this approval.

Note: Council’s Environmental Health Officer can be contacted on 02 9847 6745.

Group Manager's Report No. PL54/17

Planning Division

Date of Meeting: 11/10/2017

14 DEVELOPMENT APPLICATION - CONSTRUCTION OF A VEHICLE SALES PREMISES- 56 - 62 PACIFIC HIGHWAY, WAITARA

EXECUTIVE SUMMARY

DA No:	DA/337/2017 (Lodged on 11 April 2017)
Description:	Construction of a two storey vehicle sales premises with associated workshop and signage
Property:	Lot 12 DP 804181, Nos. 56 – 62 Pacific Highway, Waitara
Applicant:	Williams River Steel
Owner:	Treehouse Holdings Pty Limited
Estimated Value:	$11,423,432
Ward:	B

· The application involves the construction of a two storey vehicle sales premises with associated workshop and signage.

· The proposal does not comply with Clause 4.3 “Height of Building” of the Hornsby Local Environmental Plan 2013 (HLEP). The applicant has made a submission in accordance with Clause 4.6 ‘Exceptions to development standards’ of the HLEP to vary Clause 4.3. The submission is considered well founded and is supported.

· No submissions have been received in respect of the application.

· It is recommended that the application be approved.

RECOMMENDATION

THAT Council assume the concurrence of the Secretary of the Department of Planning and Environment pursuant to Clause 4.6 of the Hornsby Local Environmental Plan 2013 and approve development application DA/337/2017 for the construction of a two storey vehicle sales premises with associated workshop at Lot 12 DP 804181, Nos. 56 – 62 Pacific Highway, Waitara subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. PL54/17.

BACKGROUND

On 11 August 1993, Council approved DA/297/1993 for the part enclosure of an existing open display area to form a motor vehicle showroom.

On 28 August 2002, Council approved DA/530/2002 for alterations and additions to the existing motor showroom and increase in floor area.

On 27 April 2004, Council approved DA/110/2004 for internal alterations to the motor showroom.

On 14 November 2013, Council approved DA/1013/2013 for further internal alterations to the motor showroom.

On 21 September 2016, a pre-DA meeting was held between the Council officers and the applicant to discuss the proposed demolition of structures and construction of a new vehicle sales premises for BMW. At the meeting, Council raised concerns regarding exceedance of height and the lack of front setback.

On 11 April 2017, DA/337/2017 was lodged with Council.

On 22 May 2017, Council raised concerns regarding the proposed floor space, height and impacts on the rail corridor.

On 1 August 2017, the applicant submitted amended plans in response to Council’s concerns. The plans and documentation were referred to Sydney Trains for comments.

On 8 September 2017, the applicant lodged DA/991/2017 for demolition works on the site. The application was supported by owner’s consent from Sydney Trains.

On 12 September 2017, Council received comments from Sydney Trains.

SITE

The site comprises one allotment with an area of 2,747sqm and is located on the northern side of the Pacific Highway. The site has an average slope of 4.4% between the north-western corner (rear) to the south-eastern corner (front).

The existing improvements on the site include three independent motor vehicle sales premises with an integrated basement/lower level workshop facility, associated open car display areas and illuminated pole signs. The showrooms are operated by Renault, Nissan and Suzuki. The majority of the open car display area is elevated above the level of the Pacific Highway.

A concrete ramp provides access from the Pacific Highway down to the lower level workshop. A central median on the Pacific Highway excludes right turn movements in and out of the site.

A retaining wall runs along the length of the front boundary of the site with the height increasing from east to west. At the western end of the site, the retaining wall is set back 3m to 4m from the boundary. An electrical transmission kiosk is located near the south western corner of the site. The site is also affected by a variable width easement for batter (0.61m – 1.37m) along the front.

The northern boundary of the site adjoins the North Shore Railway corridor. This comprises an approximately 5m wide concrete hard stand area that abuts the northern elevation of the existing lower level workshop. The upper level suspended slab extends into the rail corridor at the northwest corner of the site. A concrete block retaining wall ranging in height between 1.3m - 1.5m extends along the northern side of the concrete paved corridor. Beyond this retaining wall is the existing vegetative embankment which slopes up to the railway line at average slope of about 30, with localised steeper and flatter areas. Medium to large trees canopy trees are accommodated in this embankment screening the rear of the site. As such, the rail corridor is well elevated and the motor showrooms are not highly visible from the northern part of the corridor. The hard stand area is currently utilised by the car dealerships for stack parking of cars as per the current lease arrangement with Sydney Trains.

The Pacific Highway streetscape on the northern side, in the near vicinity of the site, comprises a mix of uses. A vehicle sales premise operated by Mazda is located to the west of the site. A vehicle showroom and concrete car display area owned and operated by Toyota is located on the eastern side of the site.

Medium and high density residential buildings, being part of a seniors living development, are located on the opposite side of the Pacific Highway.

PROPOSAL

The application involves construction of a two storey vehicle sales premises over a basement level workshop for vehicle services and signage to be operated by BMW. The gross floor area of the development would be 2,739sqm.

The development area is restricted to the property at Nos. 56 – 62 Pacific Highway, Waitara and does not include the 5m wide concrete hard stand area at the rear of the site owned by Sydney Trains. A separate application DA/991/2017 has been recently lodged with Council to authorise the demolition works on the site and the adjoining rail corridor land.

The development specifics of the proposal are provided below.

· The basement level would comprise seven vehicle service hoists, two vehicle wash bays, parts store, oil store, warranty store, tool store, compressor/plant store, staff lunch room, services, service managers’ offices and waste collection area. The workshop would be split into two levels connected by a ramp and includes 33 car parking spaces and a motorbike space.

· The ground level would accommodate eleven offices, motor vehicle display areas including a fourteen vehicle driving gallery, being part of the BMW corporate image document, dedicated vehicle handover bay, reception desk, service desks, customer amenities, service areas, a vehicle lift connecting to the first floor and twelve customer parking spaces at the rear.

· The first floor level would comprise vehicle display areas, customer lounge area, eight offices, staff lunch room and training rooms, a terrace at the rear for staff and fifteen sales staff parking spaces at the rear accessed by the internal vehicle lift.

· A two way driveway would provide vehicular access to the site from the Pacific Highway. The covered driveway extends to the basement level workshop and across the rear boundary of the site to the ground level parking area. A vehicle lift is proposed to connect to the first floor level and provide sales staff parking to the rear of the site. Pedestrian access to the building would be provided via a disabled ramp and stairs off the Pacific Highway.

· Display cars would be stored at the Australian Motor Group’s dedicated pre-delivery/parts depot in the nearby Hornsby industrial area and driven to the site from this facility by staff members. The use of articulated car transporter vehicles for delivery is not proposed.

· The spare parts and accessories are to be transported to the site via vans (small rigid vehicles). The largest vehicles accessing the site would be 8.8m long medium rigid vehicles (MRV) to the workshop area.

· The proposal includes the following business identification signs:

o One x 7m high pylon sign at the Pacific Highway frontage;

o One x under awning sign (13m x 1m);

o The BMW logo on the rear wall (2.2m diameter); and

o One x wall sign on the eastern elevation (2.5 x 1.5m).

· The development would employ a total of 30 staff members on site during trading times. The proposed operating hours would be as follows:

o Vehicle sales premises

Monday – Saturday: 8.30am – 5.30pm

Sunday: 9.30am – 5.00pm

o Workshop Hours:

Monday - Friday: 7.30am – 5.00pm

Saturday: 8.30am – 12.00pm

Sunday: Closed

· The building is proposed to be of contemporary design with a silicon jointed glazed façade to the display areas, extending across the Pacific Highway frontage. The finishes and materials include pre-case concrete panels and Colorbond cladding.

ASSESSMENT

1. STRATEGIC CONTEXT

1.1 A Plan for Growing Sydney and (Draft) North District Plan

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, Mosman, North Sydney, Ryde, Northern Beaches and Willoughby to form the North District. The Greater Sydney Commission has realised the draft North District Plan which includes priorities and actions for the Northern District for the next 20 years. The identified challenge for Hornsby Shire will be to provide an additional 4,350 dwellings by 2021 with further strategic supply targets to be identified to deliver 97,000 additional dwellings in the North District by 2036.

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

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

The subject land is zoned B6 Enterprise Corridor under the HLEP. The objectives of the zone are:

· To promote businesses along main roads and to encourage a mix of compatible uses.

· To provide a range of employment uses (including business, office, retail and light industrial uses).

· To maintain the economic strength of centres by limiting retailing activity.

· To provide for residential uses, but only as part of a mixed use development.

The proposed development is defined as “vehicle sales and hire premises” and “vehicle repair station” 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 10.5m. The proposal would result in a maximum height of 11.75m along the eastern elevation and does not comply with this provision. The applicant has made a submission in accordance with Clause 4.6 ‘Exceptions to development standards’ of the HLEP 2013 to vary Clause 4.3. This matter is discussed in Section 2.1.4 of this report.

2.1.3 Floor Space Ratio

Clause 4.4(2) of the HLEP provides that the floor space ratio (FSR) on any land is not to exceed the maximum shown for the land on the Floor Space Ratio Map. The maximum permissible FSR for the precinct in accordance with the map is 1:1. The proposal would result in a maximum FSR of 0.99:1 and complies with this provision.

2.1.4 Exceptions to Development Standards

The application has been assessed against the requirements of Clause 4.6 of the HLEP. This clause provides flexibility in the application of the development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tender to hinder the attainment of the objectives of the zone.

The proposal exceeds the Height of Building development standard.

The objective of the Height of Buildings control is to permit a height of building that is appropriate for the site constraints, development potential and infrastructure capacity of the locality.

The applicant has made a submission in support of a variation to the development standard in accordance with Clause 4.6 of the HLEP. The development application seeks to vary the development standard by 1.25m. The applicant states the proposed variation is consistent with the objectives of the control and is justified as follows:

· The proposal has been designed to optimise showroom access for pedestrian and vehicles.

· The western end of the proposed building is well within the established height controls and presents a similar height to the existing Nissan motor showroom building on the land. The variation to the building height of the eastern end is a direct result of the natural slope of the land.

· The historic subdivision pattern presents a site that is long with a narrow depth which dictates a building of similar proportions. The long nature of the building and inappropriateness of stepping the floor plates due to statutory requirements for disabled access result in the building being over the height limit where the natural land slopes away.

· An increase in depth to the lower workshop area would result in the excavation hitting groundwater. A Geotechnical investigation of the site concluded that ground water was present RL176.4 AHD and the current proposed workshop level is proposed at RL176.8 AHD.

· Professional advice has been sort and received from the structural engineer who has advised that even a minor increase of 500mm to the depth of the excavation and retaining wall would have a substantial effect on the structural design/construction method and therefore have expediential increases to construction costs.

· In comparison, if an identical project was constructed on a flat block of land, the proposal would be well below the height controls.

· The development provides a range of employment opportunities and would strengthen the existing motor dealership precinct.

· The immediately adjacent building to the west (Mazda) along with (Toyota) to the east present a similar or larger proportion to that proposed.

· The adjacent Toyota building has a building height of 11 metres.

· In context of the surrounding area having a height limit on the northern side of the rail corridor of 17.5m and 32.5m along with a height on the southern side of the Pacific Highway of 12m, the proposed development would not have a detrimental effect on the neighbouring properties.

· The proposal would result in a building form that compliments the existing and likely future built environment in terms of bulk and scale.

· Increase to the depth of the lower level would increase the geotechnical risk to the railway during construction and may to cause disruption to the rail operations.

Comment: The proposed height variation and the submitted Clause 4.6 variation have been assessed against the established principle in the case of Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009, by the Land and Environment Court. The decision established that “To accept a departure from the development standard, the context of the site should be considered and it should be demonstrated that the development promotes the proper and orderly development of land as contemplated by the controls applicable to the zone of the land, which is an objective of the Act (s 5(a)(ii)) and which it can be assumed is within the scope of the “environmental planning grounds” referred to in cl 4.6(4)(a)(i) of the LEP”. In accordance with the views expressed in this decision, sufficient environmental planning grounds, unique to a site, must be demonstrated by the applicant for the Clause 4.6 variation request to be upheld.

In this context, the submitted Clause 4.6 submission is considered well founded for the following reasons:

· The height of a building is defined under HLEP as “the vertical distance from ground level (existing) to the highest point of the building.” The site has been subject to previous earthworks to construct the existing buildings, basement workshop areas and the open car display areas. As a result of the prior site works, the ground levels on the eastern section of the site do not directly reflect the natural ground levels which exist on the boundaries of the site. The applicant has prepared a 3D height plane to illustrate the extent of the non-compliance. The analysis of the height variation as submitted by the applicant does not accurately indicate the extent of the variation sought. The applicant states the extent of the variation as 1.05m above the 10.5m height limit, primarily along the eastern section of the building. However, Council’s calculations conclude that the variation would be up to 1.25m in this section of the site.

· Notwithstanding the above, the definition of height of buildings adopts the existing ground level and it is anticipated that if an extrapolated natural ground level was used, the extent of the variation of the height limit would be less and the building may have resulted in a height that was within the permissible height limit applicable to the site.

· Given the nature of use of the site, accessible levels are required to be maintained throughout the building and a minimum floor to ceiling height would be required in associated with the use. Additionally, the driveway gradients are also required to comply with the relevant Australian Standard (AS2890.1). Consequently, there is minimum scope of stepping the roof or stepping the built form to follow the slope of the site.

· The proposal has been amended to reduce the height of the lift overrun and the height of the first floor level to be the minimum required, so as to reduce the building height to be below 10.5m wherever possible.

· The submitted report on Geotechnical Investigation prepared by JK Geotechnics advises that groundwater level underneath the site was observed at RL176.4 during borehole testing. Based on the groundwater measurements, the report concludes that groundwater would be encountered above the proposed bulk excavation level and seepage would be encountered during excavation, particularly after extended periods of wet weather. On the basis of this report, the proposal has been designed with the basement level to be at RL176.8. This would avoid groundwater seepage, pumping and complicated construction techniques to the basement slab. This would also minimise opportunity for any adverse impacts on the aquifer. The requirement to maintain the minimum basement level in conjunction with the minimum floor to ceiling heights has contributed to the overall building height for the proposal.

· The building height is a direct result of the existing ground levels, previous building works, ground water levels and the functional requirements of the building.

· Considering the unique characteristics and context of the site, the proposal achieves a reasonable environmental outcome and design excellence for the site. The proposal would provide a public benefit by generating employment in the area and promoting orderly and economic development of underutilised land with minimal detrimental impacts on the built form of the locality.

Given the above, it is considered that the development in its current form achieves compliance with the objectives of the development standard “height”, complies with the zone objectives and achieves the principle established by the Land and Environment Court with regard to Clause 4.6.

Based on this assessment, it is considered that compliance with the development standard would be unreasonable and unnecessary in the circumstances of the case. Accordingly, the proposed variation to the permissible height standard for the site is supported in this instance.

2.1.5 Architectural Roof Feature

Clause 5.6 of HLEP provides some flexibility in the application of maximum building height standards for roof features of visual interest whilst maintaining the majority of the roof within the maximum building height standard. The proposed building includes a 600mm high parapet which exceeds the permissible building height of 10.5m in certain sections of the building. The Applicant submits that the parapet comprises an architectural roof feature pursuant to Clause 5.6 of HLEP and therefore, compliance with the 10.5m height limit is not required. The above submission is acceptable for the following reasons:

· The non-compliant part the roof consists of a decorative roof element. The building could be designed to have a less interesting roof detail and fully comply with the height requirements.

· The architectural roof feature elements are not advertising structures.

· The minor projecting elements do not constitute floor space nor could they be converted to be floor space.

· The projecting element is minimal and relate to a small portion of the uppermost part of the proposed roof. The shadow cast by the architectural roof feature would be minimal and indiscernible to the scale of development expected at the site.

2.1.6 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The subject property is located in close proximity to heritage listed item (Item No. 757) Nos. 28 - 32 McAuley Place, Wahroonga and the heritage listed street trees (Item No. 772) of Alexandria Parade, Waitara under the provisions of Schedule 5 (Environmental Heritage) of the HLEP.

Given the physical separation of the street trees to the north of the subject site, due to railway corridor, minimal impact on the heritage listed trees is anticipated due to the proposed redevelopment of the site.

Similarly, the site is sufficiently separated from Nos. 28 - 32 McAuley Place on the opposite side of the Pacific Highway. Therefore, the proposed development would have minimal impact on the heritage significance of the item. The landscape plan submitted with the application includes a green strip along the Pacific Highway frontage which would soften the built edge of the development.

No further assessment in this regard is considered necessary.

2.1.7 Earthworks

The proposal would involve excavation below ground up to 4.5m to extend the lower ground floor car park on the western side. The application is supported by a Geotechnical Investigation prepared by JK Geotechnics. The geotechnical study includes recommendations for excavation methods, vibration monitoring, groundwater monitoring and disposal (if encountered), foundation design and basement slab design. A condition is recommended for the proposed development to be constructed in accordance with the recommendations of the geotechnical report.

A dilapidation assessment of adjoining properties to the east and west is required as a condition of consent.

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

State Environmental Planning Policy No. 55 (SEPP 55) requires that consent must not be granted to the carrying out of any development on land unless the consent authority has considered whether the land is contaminated or requires remediation for the proposed use. Council’s records do not indicate any history of soil contamination associated with the site.

The application is supported by a Preliminary and Detailed Site Investigation Report which states that the no hydrocarbon impacts associated with the underground storage tank (UST), aboveground storage tank (AST) and bunded oil barrels, were detected on the site. A fill layer situated 0.2m below ground level containing asbestos (0.2 – 0.8m thickness) was encountered on the eastern portion of the site. The report advises that there should be no limitation to developing the site subject to management of the asbestos material. The report recommends the preparation of an Environmental Management Plan (EMP) outlining the risk and safety procedures in this regard.

The application is supported by an EMP. However, the report does not clearly identify asbestos removal methods. Accordingly, it is recommended that an Asbestos Management Plan be prepared prior to the release of the Construction certificate and that the site be remediated in accordance with this plan after the demolition of the buildings and prior to the commencement of any other building works on the site.

Conditions of consent, listed in Schedule 1 of this report, are recommended accordingly.

2.3 State Environmental Planning Policy (Infrastructure) 2007

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

2.3.1 Excavation Adjacent to Rail Corridors

Clause 86 of SEPP Infrastructure applies to the development as the proposal involves the penetration of ground to a depth of at least 2 metres within 25 metres of a rail corridor. The application was referred to Sydney Trains for concurrence in accordance with the provisions of this clause. Sydney Trains agreed to grant concurrence subject to conditions of consent requiring the submission of an electrolysis report, crane details and excavation details.

Subject to the fulfilment of the above conditions, the proposal is acceptable with respect to this clause.

2.3.2 Traffic Generating Developments and Frontage to a Classified Road

The development has frontage to a classified road, being the Pacific Highway. The development is classified as a Traffic Generating Development in accordance with Clause 104 and Schedule 3 of the SEPP as it would result in a development fronting a classified road that would accommodate more than 50 vehicles for ancillary parking accommodation.

A Traffic Impact Assessment Report has been submitted with the proposal which estimates that the proposed development would generate 19 vehicle trips per hour during commuter peak periods. However, given that there are three existing motor dealerships on the site currently, the submitted report concludes that there would not be any nett increase in traffic generation on the site.

Council’s traffic assessment concludes that the proposal would result in a larger vehicle display area when compared to the current floor area utilised for vehicle display purposes. Therefore, there is a potential to generate 30 vehicle trips per peak hour during commuter peak periods.

The Pacific Highway is a State Road which provides two to three traffic lanes in each direction in the vicinity of the site with a turning bay provided at the intersection with Carden Avenue to the east/Waitara Avenue to the west and restricted to a speed limit of 60km/hour. In terms of carriageway capacity, this equates to 3,800 vehicles per hour. The projected increase in traffic activities is minimal when compared to the maximum number of vehicles that is currently accommodated by the local road network surrounding the site. Therefore, the proposal would not have a negative impact on the built environment of the locality due to traffic generation and the application is assessed as satisfactory in this regard.

The development complies with the minimum number of car spaces required to be provided on-site pursuant to the Roads and Maritime Services (RMS) guidelines. The proposal was referred to RMS for concurrence. No objections have been raised subject to conditions of consent requiring submission of a Construction Traffic Management Plan, installation of a “No stopping” zone along the frontage of the site and all vehicles loading and unloading occurring within the site. The existing central median would only allow left in and left out vehicular movement for this redeveloped site.

Subject to the implementation of conditions of consent, the proposal would not have an adverse impact on the operation of the State Road and is assessed as satisfactory in this regard.

2.4 State Environmental Planning Policy No. 64 – Advertising and Signage

The application has been assessed against the requirements of State Environmental Planning Policy No. 64 (SEPP 64) which aims to improve the amenity of urban and natural settings by managing the impact of outdoor advertising. The Policy responds to growing concerns from the community, the advertising industry and local government that existing controls and guidelines were not effective.

In accordance with Part 3, Clause 9, the proposed signage is defined as a ‘business identification sign’ and the provisions of Part 3 of the Policy do not apply.

Clause 13(1)(b) of SEPP 64 requires that the advertising sign be assessed in accordance with the criteria in Schedule 1 as follows:

Criteria

Compliance

Character of the Area

Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?

Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?

Yes

The subject site fronts the Pacific Highway and is surrounded by mixed developments including vehicle sale premises located on both sides of the subject site, service stations and commercial premises. Signage of various forms is a character of the road in the near vicinity of the site.

Given the level of activity on this major arterial road and the volume of traffic carried on the road, the proposed signage would reflect the business character of the area and be compatible with the existing and desired future character of the locality.

Yes

There is no particular theme for advertising within the locality. The business identification signs and advertisements relate to specific premises. Accordingly, the proposal is not inconsistent with an outdoor advertising theme for the area.

Special Areas

Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?

It is considered that the public domain visual catchment of the signage is predominantly restricted to the Pacific Highway corridor for a limited section of the road.

The proposed signs would increase the visual interest of the wall and would be integral to the “Enterprise Corridor” zone objectives without detracting from the amenity and visual character of the surrounding residential areas, open spaces and the heritage items.

Views and Vistas

Does the proposal obscure or compromise important views

Does the proposal dominate the skyline and reduce the quality of vistas?

Does the proposal respect the viewing rights of other advertisers?

No - There are no important view corridors in this area.

Yes

Streetscape, Setting or Landscape

Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?

Does the proposal contribute to the visual interest of the streetscape, setting or landscape?

Does the proposal reduce clutter by rationalising and simplifying existing advertising?

Does the proposal screen unsightliness?

Does the proposal protrude above buildings, structures or tree canopies in the area or locality?

Does the proposal require ongoing vegetation management?

Yes - Given the varied nature of the streetscape fronting the site, the proposal would not be inappropriate for the immediate locality.

Yes - It is considered that the proposed signs align with contemporary advertising structures and would create visual interest within the B6 zone and the transport corridor.

N/A - The sign does not replace any existing signage.

N/A

Site and Building

Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?

Does the proposal respect important features of the site or building, or both?

Does the proposal show innovation and imagination in its relationship to the site or building, or both?

Yes

Yes - The advertising signage utilises the BMW corporate logo. Once installed, the signs would create visual interest in the immediate locality.

Associated Devices and Logos

Have any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed

Yes - The BMW logo integrates with the design of the signage.

Illumination

Would illumination result in unacceptable glare?

Would illumination affect safety for pedestrians, vehicles or aircraft?

Would illumination detract from the amenity of any residence or other form of accommodation?

Can the intensity of the illumination be adjusted, if necessary?

Is the illumination subject to a curfew?

N/A – The signs are not proposed to be illuminated.

Safety

Would the proposal reduce the safety for any public road?

Would the proposal reduce the safety for pedestrians or bicyclists?

Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas?

No - The proposal was referred to Roads and Maritime Services and no objections were raised regarding road safety.

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

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

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

2.7 Hornsby Development Control Plan 2013

Hornsby Development Control Plan 2013
Control	Proposal	Requirement	Compliance
Height	3 storeys – 11.75m	2 storeys – 10.5m	No
Basement protrusion above ground	2m	1m	No
Floor Space Ratio	0.99:1	1:1	Yes
Front Setback	1.5m – 5.5m	0m	Yes
Rear Setback	0m	0m	Yes
Side Setback (east and west)	0.5m	0m	Yes
Car Parking (150m² of site area+ 6 car spaces/work bay) Bicycle parking Motorcycle Parking	60 14 1	60 5 1	Yes Yes Yes
Signs Pylon Sign Flush Wall Sign 1 (side) Flush Wall Sign 2 (logo at the rear) Under awning Sign	7.5m x 2m x 0.5m 3.75m² 3.79m² 1m (vertical height) >2m from boundary	8m x 2m x 0.5m 5m² 5m² 0.5m 2m (min)	Yes Yes Yes No Yes

As detailed in the above table, the proposed development complies with the prescriptive requirements within the HDCP except the height and under awning signage dimension. The matter relating to the non-compliance is detailed below, as well as a brief discussion on compliance with relevant desired outcomes.

2.7.1 Scale

The proposed development would result in a two storey vehicle sales premises with a maximum height of 11.75m above ground level. The proposal does not comply with the permissible height limit of 10.5m, applicable to the site. The matter has been discussed in Section 2.1.4 of this report and the height non-compliance is supported.

The basement workshop level would protrude (in part) up to 2m above the ground level at the south-eastern corner of the site. Therefore, this section of the building constitutes a three storey structure. As discussed, the level of the basement cannot be lowered further as it would impact on the ground water. Due the slope of the land, basement protrusion cannot be avoided in this section. The protrusion of the basement level would not result in additional floor area as the section of the basement level located 1m above ground is to be utilised for parking and waste storage areas only. The actual workshop area would be below ground and would not add to the bulk and scale of the building.

The proposal would result in a floor space ratio of 0.99:1 which complies with the HLEP requirements.

Given the above, the non-compliance with regard to basement protrusion and number of storeys is acceptable.

2.7.2 Setbacks and Landscaping

The proposal complies with the setback requirements of HDCP. The built form would maintain a narrow landscape strip along the front setback. Landscaping comprises stepped hedges and palms to complement the appearance of the building.

2.7.3 Vehicular Access and Parking

2.7.3.1 Access

Vehicular access to the site is to be provided via a new two way driveway at the south-western corner. Additionally, a two way driveway is proposed at the north-western end to facilitate handing over of the vehicles and drive in/out of the ground level display area.

As discussed earlier in this report, vehicle freight and large part deliveries would occur off-site at the Australian Motor Group’s dedicated pre-delivery/parts depot in the nearby Hornsby industrial area. The cars would then be driven to the site individually by staff. A condition of consent is recommended that no car transporter access be permitted to the site for delivery of motor vehicles to the showroom.

The application includes swept path analysis which demonstrates that a medium rigid vehicle would be able to enter and exit the site in a forward direction from the workshop level.

The proposal incorporates a vehicle lift connecting the ground and first floor level. Accordingly, vehicle turning areas within the internal driveway are not required. The driveway aisle width, parking area dimensions, height clearances and turning areas are assessed as satisfactory in accordance with relevant Australian Standards.

The proposal includes accessible connections between all levels via lifts. Additionally, a disabled access ramp provides pedestrian access to the ground level display area from the Pacific Highway frontage along with stairs.

2.7.3.2 Parking

The submitted Traffic Impact Assessment Report states that the off-street car parking requirements for the proposed development should be calculated on the basis of parking requirements for vehicle sales or hire premises as the workshop is ancillary to this use. In accordance with the above, the development would require 60 on-site car spaces including one disabled space. The proposal complies with this provision.

The HDCP requires 1 space per 150m2 site area plus 6 spaces per work bay for vehicle sales premises and 1 space per 150m2 gross floor area plus 6 spaces per work bay for vehicle repair stations. Considering the actual display area for the cars and the two uses, the proposal would result in a total requirement of 79 car spaces (being 22 for vehicle sales use and 57 for the repair station use). Therefore, strict compliance with the HDCP provisions in accordance with the proposed uses would result in a shortfall of 19 spaces within the site.

The applicant has provided a parking survey of similar uses within the locality such as the adjoining Toyota dealership. Based on the survey figures and the peak parking demand for similar work bays, the parking requirement for the vehicle service component of the development would be 26 spaces, being 31 spaces less than the HDCP requirement. In excess of 26 spaces are available on the site to cater for the vehicle workshop.

Council’s traffic and parking assessment concludes that the primary use of the site would be for the purpose of “vehicle sales” and the workshop would be an ancillary use to provide service to customers. Consequently, it is reasonable to utilise the “vehicle sales premises” parking requirement of the HDCP to calculate car parking for the site. The proposal complies with the parking requirement for vehicle sales premises.

The workshop level also includes parking facilities for bicycles and motorbikes in accordance with the HDCP requirements.

It is considered that the parking provisions within the site are suitable for the land use and the proposal is assessed as satisfactory in this regard.

2.7.4 Overshadowing

The submitted shadow diagrams demonstrate that the proposed building would not result in overshadow any residential development or public areas. The public footpath in front of the site would receive 3 hours solar of access between 9am and 3pm during winter solstice.

2.7.5 Waste management

The applicant includes a waste management plan for the construction stage of the development. A waste collection area is provided at the basement level adjoining the driveway. The submitted Traffic Impact Assessment Report states that waste would be collected by a private contractor utilising a medium rigid vehicle which would ingress and egress the site from this level in a forward direction.

The application is assessed as satisfactory with regard to waste management.

2.7.6 Signage

2.7.6.1 Desired Outcome

The proposed signs are compatible with the commercial character of the site and the immediate locality and complement the scale of the building. The signage would not compromise pedestrian, cyclist or motorist safety.

2.7.6.2 Prescriptive Measures

The proposed signs comply with the prescribed measures in the following ways:

· The signs are consistent with the best practice guidelines associated with SEPP 64;

· The signs are related to, and integrated with, the architecture of the supporting building, do not obscure significant architectural features and maintain the dominance of the architecture;

· Cluttering, distraction and unnecessary repetition is avoided;

· The signs do not cover mechanical ventilation inlets or outlets;

· The development does not comprise a roof sign;

· The development does not compromise road or pedestrian safety;

· The pylon sign maintains a minimum height of 2.6 metres above the footpath; and

· The signs are generally compliant with the required sizes except the height of the under awning sign. Given the scale of the building, the non-compliance would not be discernible from the public domain and is acceptable.

2.8 Section 94 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2014-2024 defines “vehicle sales and hire premises” as retail floor space. Section 94 Contributions apply to the development as it would result in 1495 sqm of nett retail space (2218sqm vehicle display area – 723sqm existing display area) plus 343sqm of office space. Accordingly, the requirement for a monetary Section 94 contribution is recommended as a condition of consent.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The site does not contain any existing trees. The proposed excavation and building works would not have any impact on the vegetative embankment on the northern boundary of the site. No further assessment in this regard is necessary.

3.1.2 Stormwater and Trade Waste

The post development stormwater would be connected to the drainage system on the Pacific Highway via an on-site detention system and bio retention area. A low height retaining wall is proposed within the easement for batter marked as “X” on the survey plan. This retaining wall would form the boundary of the bio-retention area. Accordingly, a condition of consent recommends that the bio-retention area be relocated to be within the landscaped area adjoining the driveway at the south-eastern corner and that the stormwater overflow be piped and connected to this section of the site prior to discharging on to the street drainage system.

The details of the water quality treatment system and the associated MUSIC model, prepared by an accredited person, have been submitted and assessed as satisfactory.

The submitted plans indicate that the wastewater from the car wash bay area would be connected to the sewer system and an appropriate bund, wash down area and oil water separator would be provided in this regard. Details of the hydraulic design associate with the wash bay area would be provided at the Construction Certificate stage and have been recommended as a condition of consent.

Subject to the implementation of recommended conditions of consent, the proposal would not have an adverse impact on the natural environment of the locality.

3.2 Built Environment

3.2.1 Built Form

The building is proposed to be located in a precinct identified for future commercial developments of varying heights and scale. The proposed built form is a product of the functionality of the building and adopts a contemporary façade design. The extensive glazed surface facing the Pacific Highway would be consistent with other vehicle display premises to maximise the visibility of the cars whilst storing the vehicles in a covered area.

The building has been appropriately articulated wherever possible, to enhance the streetscape appearance whilst maintain the functionality of the use. Notwithstanding, the proposal would result in a 50m long glass façade fronting the Pacific Highway. An assessment of the adjoining buildings has been undertaken in this regard and it is noted that the building to the east (Toyota) includes a 54m long and a 60m curved building façade fronting the road. The building length for the Mazda showroom, on the western side, is approximately 32m.

It is evident from the above, that the building length would be consistent with adjoining motor showrooms along the northern side of the Pacific Highway and would reinforce the role and function of the precinct. The proposal is assessed as satisfactory with regard to its impact on the built environment of the locality.

3.2.2 Noise

The proposed land use is a not a noise generating development. Considering the proximity to the rail corridor and the background noise levels along the Pacific Highway, it is considered that the noise generated by this development would not have any adverse impact on the built environment of the locality.

3.2.3 Traffic

The matter has been discussed in Section 2.3.2 and Section 2.7.3 of this report.

3.3 Social Impacts

The social impacts of the development on the local and broader community have been considered with specific reference to the potential employment generation associated with the use. It is estimated that the development would generate 30 equivalent full time positions post construction. This is consistent with the State Government’s ‘A Plan for Growing Sydney’ which identifies the need to provide an additional 689,000 new jobs by 2031.

3.4 Economic Impacts

The proposal would have a positive impact on the local economy in conjunction with other similar uses in the locality by generating an increase in demand for local services.

4. SITE SUITABILITY

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

The subject site has not been identified as bushfire prone or flood prone land. The site is currently as a vehicle display and sale premises and is suitable for the proposed redevelopment. The scale of the proposed development is consistent with adjoining developments and is considered acceptable.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 27/04/2017 and 11/05/2017 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received no submissions. The map below illustrates the location of the notified landowners.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

5.2 Public Agencies

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

5.2.1 Roads and Maritime Services (RMS)

The application required concurrence from RMS pursuant to the provisions of State Environmental Planning Policy (Infrastructure) 2007 and Section 138 of the Roads Act 1993. The RMS reviewed the proposal and raised no objections subject to implementation of recommended conditions of consent.

5.2.2 Sydney Trains

The application was referred to Sydney Trains for concurrence pursuant to the provisions of State Environmental Planning Policy (Infrastructure) 2007. The matter is discussed in Section 2.3.1 of this report.

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 proposal involves construction of a two storey vehicle sales premises with a basement level workshop for vehicle services and associated signage. The building would accommodate seven work bays at the basement level and 60 on-site car parking spaces. The building design would adopt a contemporary built form with a glazed façade fronting the Pacific Highway. The proposal does not involve demotion works. Separate development consent is sought for this component.

The proposal does not comply with Clause 4.3 “Height of Building” of the Hornsby Local Environmental Plan 2013. The applicant has made a submission in accordance with Clause 4.6 ‘Exceptions to development standards’ of the Hornsby Local Environmental Plan 2013 to vary Clause 4.3. The submission is considered well founded and is supported.

The proposal is assessed as satisfactory against section 79(c) of the Environmental Planning and Assessment Act 1979 and generally complies with the provisions of the Hornsby Local Environmental Plan 2013 and Hornsby Development Control Plan 2013.

Accordingly, the proposed development is recommended for approval subject to conditions set out in Schedule 1 of this report.

RESPONSIBLE OFFICER

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

Rod Pickles

Manager - Development Assessment

Planning Division

James Farrington

Group Manager

Planning Division

Attachments:

1.View	Locality Map
2.View	Floor Plans
3.View	Landscape Plan
4.View	Survey Plan
5.View	Elevations and Sections
6.View	Shadow Plan
7.View	View Plans

File Reference: DA/337/2017

Document Number: D07284233

SCHEDULE 1

GENERAL CONDITIONS

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

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

1. Approved Plans and Supporting Documentation

Architectural plans

Plan No.	Rev	Plan Title	Drawn by	Dated
A03	1	Workshop Basement Level	Williams River Steel	28/07/2017
A04	1	Ground Floor Level	Williams River Steel	28/07/2017
A05	2	First Floor Level	Williams River Steel	28/07/2017
A06	3	Elevations	Williams River Steel	28/07/2017
A11	2	Section	Williams River Steel	28/07/2017
A12	0	Disabled Amenity Details	Williams River Steel	28/07/2017
A14	0	Erosion and Sediment Control Plan	Williams River Steel	28/07/2017
A15	3	Roof Plan	Williams River Steel	28/07/2017
A16	0	Enlarged Wash bay details	Williams River Steel	28/07/2017
A17	2	Schedule of Materials and Finishes	Williams River Steel	28/07/2017
A18	0	Internal workshop ramp details	Williams River Steel	28/07/2017
A19 andA20	1	External street level ramp details	Williams River Steel	28/07/2017
DA02	C	Stormwater Drainage basement level	Lindsay Dynan	26/06/2017
DA03	D	Stormwater Drainage ground level	Lindsay Dynan	28/07/2017
DA04	B	Stormwater Details	Lindsay Dynan	28/07/2017
DAL01	A	Landscape Plan	Terras Landscape Architects	2/03/2017
DAL02	A	Planting Palette	Terras Landscape Architects	2/03/2017

Supporting Documents

Document No.	Rev	Document Title	Prepared by	Dated
A00	-	Title Page	Williams River Steel	28/07/2017
A01	0	Existing Site Plan	Williams River Steel	28/07/2017
A02	0	Demolition Plan	Williams River Steel	28/07/2017
A07, A08	2	Perspective Views	Williams River Steel	28/07/2017
A09	0	Vehicle Swept path	Williams River Steel	28/07/2017
A10	2	Shadow Diagrams	Williams River Steel	28/07/2017
A13	1	Floor Space Ratio Plan	Williams River Steel	28/07/2017
A21	1	Height Compliance 3D	Williams River Steel	28/07/2017
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Date Lodged	Councillor/Designated Person (Position)	Reason for Lodgement
11/9/2017	Environmental Compliance Officer	New Employee

1.View	LGNSW Annual Conference 2017 - Registration Information
2.View	LGNSW Annual Conference 2017 - Draft Program

1.View	Quarterly Review - June 2017
2.View	Quarterly Budget Review Statement - 30 June 2017

1.View	HSC Investments Holdings Report - July 2017
2.View	HSC Investments Holdings Report - August 2017
3.View	HSC Borrowings Schedule - July 2017
4.View	HSC Borrowings Schedule - August 2017

1.View	Council Report CS23/17 - 12 July 2017
2.View	Alteration of Boundaries Proposal - 14 July 2017
3.View	Alternative Alteration of Boundaries Proposal - 26 July 2017