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TABLE OF CONTENTS

 

GENERAL BUSINESS

(IHAP) Planning Division

Item 1     IHAP10/18 Development Application - Alterations and additions to a dwelling house and change of use to a 28 place childcare centre - 41 Denison Street, Hornsby.................................... 1

Item 2     IHAP13/18 DA/83/2018 - Animal Boarding Establishment and use of horse arena for private recreational purposes - 35 Blacks Road, Arcadia........................................................ 41  

 

IHAP Report No. IHAP10/18

IHAP - Planning Division

Date of Meeting: 26/04/2018

 

1        DEVELOPMENT APPLICATION - ALTERATIONS AND ADDITIONS TO A DWELLING HOUSE AND CHANGE OF USE TO A 28 PLACE CHILDCARE CENTRE - 41 DENISON STREET, HORNSBY     

 

EXECUTIVE SUMMARY

DA No:	DA/1006/2017 (Lodged on 13 September 2017)
Description:	Alterations and additions to a dwelling house and change of use to a 28 place child care centre
Property:	Lot 16 DP 240447, No. 41 Denison Street Hornsby
Applicant:	RPDC Pty Ltd
Owner:	Mr G C Chen and Ms J Q Liang
Estimated Value:	$100,000
Ward:	B

·              The application involves alterations and additions to a dwelling house and change of use to a 28 place child care centre.

·              The proposed child care centre generally complies with the Hornsby Local Environment Plan 2013 and the Children (Education and Care Services) Supplementary Provisions Regulation 2012. The proposal would be consistent with State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 and the Child Care Planning Guideline.

·              The original proposal received 19 submissions and a petition with 114 signatures objecting to the proposal. The amended plans received 4 submissions objecting to the proposal.

·              The application is required to be determined by the Hornsby IHAP as 10 or more unique submissions were received by way of objection.

·              It is recommended that the application be approved.

RECOMMENDATION THAT Development Application No. DA/1006/2017 for alterations and additions to a dwelling house and change of use to a 28 place child care centre at Lot 16 DP 240447, No. 41 Denison Street Hornsby be approved subject to the conditions of consent detailed in Schedule 1 of IHAP Report No. IHAP10/18.

 

BACKGROUND

On 13 September 2017, the subject application was lodged for alterations and additions to a dwelling house and change of use to a 30 place child care centre.

On 27 October 2017, Council requested amended plans and additional information regarding pedestrian access, acoustic report, traffic and parking report, dangerous goods report and Statement of Environmental Effects.  On 29 November 2017, an acoustic report was submitted to Council. On 6 December 2017, a traffic report, dangerous good report, updated plans and an updated Statement of Environmental Effects were submitted to Council. The revised application proposed a reduction in the number of child care places from 30 to 28.

On 7 December 2017, Council requested kitchen plans be provided in accordance with Australian Standard AS4674 – 2004 “Construction and fit out of food premises”. On 18 December 2017, a kitchen plan was submitted to Council.

On 8 February 2018, Council requested amended plans with additional landscaping and the deletion of the proposed outdoor staffroom. On 11 February 2018, the requested information was submitted to Council and placed on public exhibition from 15 February 2018 to 8 March 2018.

On 12 February 2018, Council requested amended plans with details of accessible bathrooms, fire safety upgrades and existing building materials. On 26 February 2018, the requested information was submitted to Council.

On 7 March 2018, Council requested an updated acoustic report with details of plant and car parking. On 21 March 2018, amended plans and an amended acoustic report were submitted to Council.

On 4 April 2018, Council requested additional details regarding the proposed business identification sign and bin storage. On 5 April 2018, the requested information was submitted to Council.

SITE

The 784.1m² site is located on the northern side of Denison Street and contains a single storey dwelling house and an unauthorised outbuilding with an attached awning. Unauthorised additions have been completed to the rear of the dwelling house.

The site is regular in shape and measures 15.24m by 51.82m and is generally level with a gentle fall to the eastern, side boundary. The site is not bushfire or flood prone.

The site does not contain a heritage item, is not in the vicinity of a heritage listed item and is not located within a heritage conservation area.

An electrical substation is located at 51-47 Bridge Road Hornsby with two street frontages to the south of the site. The area directly surrounding the site includes a mix of single and two storey detached dwelling houses.

PROPOSAL

The application proposes alterations and additions to an existing dwelling house and change of use to a 28 place child care centre.

The internal layout of the child care centre would include a sign in table, entrance room with shelving, indoor play area, cot room, two classrooms, four bathrooms, kitchen, food storage room, laundry, office, two storage rooms, and a staff room. Unauthorised additions to the rear of the building would be re-constructed in order to meet the requirements of the Building Code of Australia.

The front of the site would comprise a car park, pedestrian footpath and garbage bin storage. The car park would have 7 car parking spaces including one disabled space. Screening trees would be planted surrounding the car park. A 2.4m high acoustic fence and retaining would be installed on the eastern elevation of the car park and a 2.1m high fence on the western elevation. 

The rear of the site would comprise an outdoor play area. Acoustic fences and soft landscaping would be installed surrounding the northern, eastern and western boundaries of the outdoor play area. An acoustic awning would be installed within the western portion of the outdoor play area.  The existing unauthorised outbuilding would be demolished. A 2.4m high acoustic fence would be installed on the eastern and northern elevations and a 2.1m high fence on the western elevation. 

Four trees would be removed as part of the development.

The proposed operating hours of the child care centre would be 7:00am – 6:00pm Monday to Friday.

A 1500mm wide by 600mm high business identification sign is proposed on the front boundary fence.

The 28 child places would include the following mix of age groups:

·              0-2 years – 9 children

·              2-3 years – 9 children

·              3-5 years – 10 children

ASSESSMENT

The development application has been assessed having regard to ‘A Metropolis of Three Cities’, the ‘North District Plan’ and the matters for consideration prescribed under Section 4.15 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 Metropolis of Three Cities and North District Plan

A Metropolis of Three Cities has been prepared by the NSW State Government to guide land use planning decisions for the next 40 years (to 2056).  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 released the 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 Metropolis of Three Cities, by providing additional services to support a growing population.

2.         STATUTORY CONTROLS

Section 4.15(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 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 a “child care centre” and is permissible in the zone with Council’s consent. The proposal is consistent with the objectives of the zone as it provides additional services to meet the day to day needs of residents in the locality.

2.1.2     Height of Buildings

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

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. No substantial earthworks are proposed as part of this assessment and therefore an assessment in respect to Clause 6.2 of the HLEP is not required.

2.2        State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 commenced 25 August 2017 and aims to protect the biodiversity and amenity values of trees within non-rural areas of the state.

Part 3 of the SEPP states that a development control plan may a declaration in any manner relating to species, size, location and presence of vegetation. Accordingly, Part 1B.6.1 of the Hornsby Development Control Plan 2013 (HDCP) prescribes works that can be undertaken with or without consent to trees.     

Part 3.1.1 of this report provides an assessment in accordance with Part 1B.6.1 of the HDCP.

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

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

Council’s records and aerial photos indicate the site has a history of residential use.  A hazardous building materials survey was submitted with the application prepared by SESA, dated 12 September 2017. The report notes that while no asbestos was found within the existing dwelling house or outbuilding, lead was found within the paint of the outbuilding. As this is a potential health risk, the demolition of the outbuilding is supported.

The application also included a SafeWork NSW report indicating that no records exist of the storage of any hazardous chemicals on site. A condition is recommended that another SafeWork NSW report be completed prior to the issue of a Construction Certificate for the electrical substation to the south of the site.

Based on the above, it is not likely that the site has experienced any significant contamination and further assessment under SEPP 55 is not required.

2.4        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.

2.5        State Environmental Planning Policy No. 64 – Advertising and Signage

The proposed sign has been assessed against the requirements of SEPP 64 - Advertising and Signage. This Policy provides State-wide planning controls for advertising signs and prevails over other environmental planning instruments including the HLEP and the Hornsby Development Control Plan 2013. The aims of the Policy are to ensure that advertising and signage is compatible with the desired amenity and visual character of an area, to provide effective communication in suitable locations and to ensure signage is of high quality design and finish.

The proposed 1500mm wide by 600mm high sign is a ‘business identification sign’ as defined under SEPP 64 and is subject to assessment under the provisions of Schedule 1 of the Policy. The proposal’s compliance with the Policy is detailed in the table below:

State Environmental Planning Policy No. 64 – Schedule 1 Assessment Criteria
Control	Requirement	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?	The flush mounted sign would be generally compatible with the surrounding area given its small scale. The sign is orientated towards the street frontage of Denison Street. Although there is no particular theme for outdoor advertising in the area, the proposal is compatible in scale and form with similar signage for community facilities in the Hornsby Shire.
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?	The proposed sign would not detract from the amenity or visual quality of the residential area. The site does not adjoin a heritage item, is not within a heritage conservation area and would not impact on any environmentally sensitive or other special areas.
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 important views would be impacted. The proposed signage would be 600mm high and located flush on a front boundary fence. The sign would not protrude above the height of screening trees and would not dominate the skyline or impact on vistas. The signage would not impact on the viewing rights of other existing signage.
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?	The scale and form of the signage is appropriate for the streetscape and setting, noting the signage is low scale. The signage would identify the child care centre and not adversely impact on the streetscape setting. The proposal is for a small scale single sign that is appropriate to identify the child care centre.  There is no unsightliness that requires screening. The sign would not protrude above the proposed  child care centre. No ongoing vegetation management would be required.
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	The proposed sign is compatible with the scale and proportion of the proposed building on the site and is compatible with the residential area.   The proposed sign would respect the features of the site. The location of the sign and placement flush on the front boundary fence is considered acceptable.
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?	No
Illumination	N/A – Signs are not proposed to be illuminated.	A condition is recommended to ensure that the signage is not 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?	The sign would not reduce the safety of roads. No     No

 

2.6        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.

Clause 23 of the SEPP states that before determining a development application, the consent authority must take into consideration any applicable provisions of the Child Care Planning Guideline, in relation to the proposed development. The proposed centre is generally in compliance with the design quality measures of this 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 and the National Quality Framework Assessment Checklist.

Clause 25 of the SEPP contains non-discretionary development standards. This prevents the consent authority from imposing more onerous standards or refusing an application on the basis that they have not been complied with. An assessment of the application against Clause 23 of the SEPP has been carried out below:

2.7        Centre-based child care—non-discretionary development standards

(a) location - the development may be located at any distance from an existing or proposed early childhood education and care facility;

Comment: Submissions have been received noting that the proposal is within the close vicinity of other child care centres on Denison Street, Railway Parade and Sherbrook Road. Notwithstanding, the child care centre can be located at any distance from existing or proposed childhood education and care facility in accordance with Clause 25(a) of the SEPP.

(b) indoor or outdoor space

(i) for development to which clause 107 (indoor unencumbered space requirements) or 108 (outdoor unencumbered space requirements) of the Education and Care Services National Regulations applies—the unencumbered area of indoor space and the unencumbered area of outdoor space for the development complies with the requirements of those clauses, or

(ii) for development to which clause 28 (unencumbered indoor space and useable outdoor play space) of the Children (Education and Care Services) Supplementary Provisions Regulation 2012 applies—the development complies with the indoor space requirements or the useable outdoor play space requirements in that clause;

Comment:  The regulations require a minimum of 3.25m² of unencumbered indoor play area and a minimum of 7m² of unencumbered outdoor play area per child. Submissions have been received noting that the application does not comply with the required 7m² of outdoor play space. In response to this concern, the proposed number of children was reduced from 30 to 28 places. The amended plans comply with both the required indoor and outdoor play area.

(c) site area, site coverage and site dimensions—the development may be located on a site of any size, cover any part of the site and have any length of street frontage or any allotment depth;

Comment: The site has an area of 784.1m² and is considered acceptable.

(d) colour of building materials or shade structures—the development may be of any colour or colour scheme unless it is a heritage item or in a heritage conservation area,

Comment: The proposed colour scheme is consistent with the surrounding residential area and is not a heritage item or within a heritage conservation area.

(e) design - the development satisfies the design criteria in the Child Care Planning Guideline.

Comment: The design of the development generally complies with the requirements of the Guidelines.

The proposed centre-based child care centre would generally comply with the SEPP provisions and is assessed as satisfactory in this regard.

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

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

As per the above table the proposal would meet NSW Education and Communities regulatory space requirements for the operation of a child care centre.

A covered outdoor play space and awning are proposed on the north-western corner of the site with coverage of approximately 82.5m². This covered space is considered adequate for shading. Notwithstanding, 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.

The application does not specify staff numbers. Notwithstanding, an assessment of the ‘Staff to Child Ratio’ requirements within the Regulation indicates that at least 4 staff members would be required for this facility. A condition of consent is recommended requiring compliance with the provisions of Children (Education and Care Services) Supplementary Provisions Regulations 2012, in this regard.

2.9        Section 3.42 Environmental Planning and Assessment Act, 1979 - Purpose and Status of Development Control Plans

Section 3.42 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.

2.10      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:

As detailed in the above table, the proposed development generally complies with the prescriptive measures within the HDCP with the exception of setbacks and landscaping. A brief discussion on compliance with relevant performance requirements and Part 1C General Controls is provided below.

2.10.1   Site Requirements

The desired outcomes of Part 7.1.1 Site Requirements of the HDCP are to encourage “community uses with a site area that contributes to the achievement of desired urban design outcomes” and “community uses located to be readily accessible to users, promote the health and safety of the future occupants of the facility and minimise potential land use conflicts”.

In support of these outcomes, the HDCP provides selection criteria that aim to encourage the location of community land uses on sites with the lowest potential social and environmental impacts. The proposed development is located within a low density residential area within Hornsby Shire.

Submissions have been received objecting to the location of the child care centre on Denison Street.

The HDCP provides suggestions that community uses should not be located on battle-axe allotments, in a portion of a street ending in a cul-de-sac and separated from intensive offensive or hazardous land uses. It also suggests that the preferred location would be corner sites, sites adjacent to non-residential uses and sites with a frontage to a park

Whilst the site is not located adjacent to a park or on a corner, it is not located at the end of a cul-de-sac, on a battleaxe allotment and separate from intensive, offensive and hazard land uses. Being located in a residential zone, the child care centre would service the population of the Hornsby catchment. Furthermore, the site is not steeply sloping, is not bushfire or flood prone and therefore is not considered to have any significant environmental constraints.

The proposal complies with the HDCP desired outcome to locate community uses in a manner that contributes to the desired urban design outcomes for the zone, is readily accessible to uses and minimises potential land use conflicts.

2.10.2   Scale

The desired outcomes of Part 7.1.2 Scale of the HDCP are to encourage “development with a height, scale and intensity that is compatible with the character of the area” and “child care centres that incorporate best practice design and address the local demand for child care places”.

In support of these outcomes, Table 7.1.2(a) notes that scale controls for centres within an R2 – Low Density Zone should apply controls within Part 3.1 of the HDCP.

As detailed in the able above the development would comply with all scale requirements of Part 3.1 in the HDCP including height, roof design, site coverage and floor area.

2.10.3   Setbacks

Submissions have been received raising concerns about the setbacks of the proposed child care centre to the western adjacent premises, No. 39 Denison Street and other surrounding residential uses.

The desired outcomes of Part 7.1.3 Setbacks of the HDCP are to encourage “setbacks that are compatible with adjacent development and compliment the streetscape” and “setbacks that allow for the retention of significant landscape features and respect site constraints”.

Table 7.1.3(a) of the HDCP notes that setbacks for dwelling house to child care centre conversions within an R2 – Low Density Residential Zone should be assessed in accordance with Part 3.1 controls. An assessment in accordance with these controls is provided below:

Front boundary

The HDCP requires a 6m setback from the fount boundary for buildings. The existing dwelling house currently has a front setback of 12.8m and complies with the control.

The proposal would incorporate seven car parking spaces in front of the dwelling with a minimum setback of 710mm from car space 1. Screening trees are proposed adjacent to the front and side boundaries of the car park to reduce its visual impact. 

No objections are raised in this regard.

Side boundary

The HDCP requires a 900mm setback for buildings. The dwelling house is currently 700mm from the eastern boundary and 730mm from the western boundary and does not comply with this control. Notwithstanding, the building is existing and no building setback reductions are proposed. As the building is located within 900mm of the side boundaries, a condition is recommended that fire safety upgrading for the existing windows for the building be completed before the issue of an occupation certificate in accordance with the Building Code of Australia.

The driveway would have a setback 1.13m from the western boundary and the car park would have a setback of 2m from the eastern boundary. This is considered acceptable given screen planting is proposed on both elevations and all parking spaces would be more than 2m from side boundaries.

The outdoor play area would be setback 800mm from the eastern and western boundary and screen planting is proposed along both boundaries and is considered acceptable.

An acoustic awning is proposed within the north-western portion of the backyard in order to provide a shaded area and reduce the noise from the outdoor play area to surrounding residential land uses. The awning supports and roof would have a setback of 900mm from the western boundary, however would be connected to the proposed acoustic fence to reduce noise. No objections are raised subject to all stormwater being collected and drained to Denison Street.

Rear boundary

The HDCP requires a 3m setback from the rear boundary for buildings. The proposed shade awning supports and roof would have a setback of 900mm from the rear boundary and would not comply with this measure.

In support of this variation, the structure would have a low height of between 3m and 3.25m and is designed to reduce noise to the surrounding residential properties. Additionally, the structure would replace an existing outbuilding in a similar location of a greater scale and height.

Subject to screen trees being planted within the rear of the site, the setback encroachment is not anticipated to be detrimental to the amenity of the neighbouring sites given its use is to reduce noise.

In summary, the setbacks of the development would be consistent with the surrounding low density residential environment and on balance are considered acceptable. 

2.10.4   Open Space

The proposal complies with the requirements of Clause 28 (Space requirements) of the Children (Education and Care Services) Supplementary Provisions Regulation 2012. The indoor play areas include unencumbered play space. The outdoor play area comprises unencumbered open space suitable for the small scale centre.  The proposed outdoor play area is useable and accessible by children of all age groups. The play area includes a covered patio and awning for shade.

The HDCP provides that outdoor play areas should be located within the side or the rear setbacks, to limit conflict with the neighbouring properties. The proposal complies with this requirement.

2.10.5   Privacy and Security

The northern, eastern and western boundaries of the site adjoin private property including a secondary dwelling located at No. 39 Denison Street adjacent to the outdoor play area.

Given the proposed centre would be single storey and would include screen planting and acoustic fencing surrounding the outdoor play areas, no substantial privacy and security issues are anticipated.

2.10.6   Sunlight and Ventilation

The proposed development would utilise an existing single storey residential development. As a consequence no adverse overshadowing or ventilation issues are anticipated subject to clear materials being used on acoustic fences higher than 1.8m.

2.10.7   Noise and Vibrations

The desired outcome of Part 1C.2.5 of the HDCP is to encourage “development designed and managed to minimise noise and vibration impacts on the occupants of residential dwellings and other noise sensitive land uses”.

In accordance with the HDCP, the applicant has submitted an acoustic assessment prepared by Blackett Acoustic detailing measures to minimise noise. 

On 27 October 2017, Council requested that the submitted acoustic assessment be amended to include the impact of the proposed car park on adjoining properties. Additionally, Council requested further amendments to the assessment on 7 March 2018 detailing the impacts of mechanical plant and the external play area.  

The amended acoustic assessment, dated March 2018 provides an assessment of external noise intrusion into the child care centre, as well contributed noise emission levels from noise sources associated with the development at nearby residential receivers including outdoor play areas, mechanical services and vehicle traffic. The assessment measured existing background levels for the residential area over a one week period to be approximately 37dBA.

Multiple submissions have been received objecting to the proposal based on potential noise emissions of the outdoor play area on adjacent residential development.  An additional submission notes that figure 5-1 of the submitted assessment is inaccurate. In addressing these submissions, a noise assessment is provided below. Further, Council raises no objections to the accuracy of Figure 5-1 in the assessment as it displays the approximate location of noise sensitive locations.

Outdoor Play Area

The acoustic assessment adopted a noise criteria of + 10 dBA above background noise levels for up to two hours duration (47dBA)  for the outdoor play areas and + 5 dBA for unlimited duration (42dBA). The adopted noise criteria is above the NSW Industrial Noise Policy measure of + 5 dBA above background noise levels. The disparity between industrial noise and noise generated by groups of children has been a consideration in decisions of the Land and Environment Court. A measure of + 10 dBA has been adopted in Court decisions concerning child care centre developments (Janusz Usien v Hornsby Shire Council). The adopted noise level is therefore acceptable.

The report assumes that the outdoor play area would be restricted to 1 hour play in the morning and 1 hour in the afternoon with the children being split into two grounds. The predicted noise level from the outdoor play areas would be a maximum of 46 dBA at the two closest residential dwellings, the secondary dwelling of No. 39 Denison Street and the rear adjacent premises, No. 28 Arthur Street. This would comply with the adopted noise criteria, subject to the following recommended conditions:

·              The 9 children from the 2-3 year age group would not be permitted outside at the same time as the 10 children from the 3-5 year age group.

·              A 2.4m high acoustic fence installed on the northern and eastern boundary constructed of solid brick or double lapped capped timber with a 0.6m high clear material to limit overshadowing.

·              A 2.1m high acoustic fence installed on the western boundary.

·              The proposed metal awning from the northern boundary is to be extended to the main building. A solid barrier is to be constructed between each post for the western side of the free standing awning. Absorptive panels with a minimum NRC of 0.8 are to be installed on the underside of the ceiling.

Car Park

The assessment provides noise criteria of + 5 dBA above background noise levels for the drop-off and pick-up areas (max. 42dBA). The assessment concludes that the predicted noise levels would comply with this criteria for vehicle movement with the exception of No. 39 Denison Street with a maximum of 44dBA. The assessment argues that this predicted non-compliance would not be discernible by the average listener and therefore would not warrant receiver-based treatments or controls. The report notes that the NSW Environment Protection Authority (EPA) document entitled Noise Policy for Industry (NPFI) states that if the predicted noise level minus the project specific noise criteria is less than or equal to 2dBA then the significance of residual noise level is negligible.

External Noise Intrusion

The assessment recommends that external noise intrusion into the child care centre from vehicle traffic is considered acceptable subject to 4mm glazing being installed on windows within the front portion of the building. 

Summary

The development would generally comply with set noise criteria subject to acoustic treatment and is considered satisfactory with regard to potential acoustic impacts subject to the following conditions:

·              A noise management plan be submitted and approved by Council prior to the issue of a Construction Certificate.

·              Prior to the issue of an Occupation Certificate for the premises, a certificate is obtained from a qualified acoustic consultant certifying that all acoustic works have been completed.

·              All plant and machinery must not exceed background noise + 5 dBA.

·              An acoustic assessment be undertaken between 60 and 90 days of occupying the site to assess the compliance of the operation with the acoustic criteria specified in this development consent.

2.10.8   Waste Management

The applicant has submitted a waste management plan for the construction stage of the development in accordance with Council requirements. Notwithstanding, it has been assessed that a more comprehensive plan be provided before the issue of a Construction Certificate given the rear of the building is required to be re-constructed. 

Council’s waste assessment for the centre has determined that the development would require at least 4x240L garbage bins serviced weekly and 2x240L recycling bins served fortnightly collected kerbside. The garbage storage area would be located within adjacent to the driveway, behind the front boundary fence and would not be visible from the streetscape or an adjacent premises.

Subject to conditions, the application meets the desired outcomes of Part 1C2.3 of the HDCP and is considered acceptable.

2.10.9   Signage

The proposed signage would be 1500mm wide by 600mm in height and would be located flush on the existing front boundary fence. The size and placement of the sign is considered appropriate for the site and enables the centre to be identified. The signage would comprise the centre logo and business name. A condition is recommended to ensure that the sign would not be illuminated and be used for business identification purposes only.

3.         ENVIRONMENTAL IMPACTS

Section 4.15(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

Part 1B.6.1 of the HDCP prescribes works that can be undertaken with or without consent relating to trees. 

The application proposes the removal of 4 trees within the front setback and rear setback of the site as follows:

·              Tree 1 – A liquid amber tree within the south-eastern corner of the site with an approximate height of 13m and requires consent from Council;

·              Tree 2 – A liquid amber tree within the south-eastern corner of the site with an approximate height of 12m and requires consent from Council;

·              Tree 3 – A small tree adjacent to the dwelling house with an approximate height of 4m; and

·              Tree 4 – A small tree located within 3m of the rear of the dwelling with an approximate height of 4m and requires consent from Council.

Submissions have been received objecting to the removal of a large liquid amber tree (tree 1) within the front setback of the site noting that replacement planting is not provided to offset its removal.

An Arboricultural Impact Assessment (AIA), prepared by Seasoned Tree Consulting was submitted with the application. The arborist report states that tree 1 is approximately 13m tall, has a diameter at breast high of 700mm and has previously been topped off at a height of 8m. The report recommends the removal of this tree due to its average health and its position within the proposed car park.

No objections are raised to the removal of trees 1-4 given the following:

·              Amended plans include acceptable replacement planting in the form of screening trees to the front car park and rear outdoor play area. Conditions are recommended that the screening trees to be planted must be of an indigenous smithii (Lilly Pilly) species to offset the loss of the other three non-native trees in accordance with Part 1B.6.1(m) of the HDCP.

·              At the time of lodgement no consent was required from Council for the removal of trees 1-2 tree as they are not native. Consent was subsequently required under changes to Council’s Tree Preservation Schedule on 22 February 2018.

·              Tree 3 does not require consent from Council for its removal given it is located within 3m of an approved building foundation.

·              Conditions are recommended that all remaining trees on site and on adjacent sites be protected during any construction works.

Conditions of consent are recommended that all trees retained are to be protected in accordance with the provisions of Australian Standard AS 4970 Protection of Trees on Development Sites and that a project arborist be appointed for monitoring and guidance.

3.1.2     Landscaping

Submissions have been received raising concerns that the site would not contain sufficient landscaped area and sufficient screening has not been provided. In response to these submissions, a discussion is provided below in regard to the prescriptive measures of Part 7.1.4 of the HDCP.

a)         Landscaping should be provided around the site to soften the development when viewed from adjoining land.

Comment:  The original proposal did not contain sufficient landscaping surrounding the site. The applicant submitted revised plans (Rev B) dated 05/03/2018 with landscaping surrounding the car park and outdoor play area. The revised plans are considered acceptable in regard to Part 7.1.4(a) of the HDCP.

b)         Within the R2 Low Density Residential Zone and the RU5 Rural Village Zone, the minimum landscaped area should be 30% of the site area.

Comment: In accordance with the HCDP requirements, the centre should contain at least 235m² of landscaped area. The proposal would only include 85m² of landscaped area and would not comply with this measure. Notwithstanding, the proposal would comply if the 184m² of external outdoor play area (constructed of artificial turf) were to be included in the calculation. Given the artificial turf would still be permeable, and would be more suitable for a children’s outdoor play area, no objections are raised in this regard.

c)         Where a children’s outdoor play space adjoins a residential property, screen planting along the common boundary with the residence should be provided.

Comment:  Amended plans submitted to Council include screen plating surrounding the northern, western and eastern boundaries and is considered acceptable.

d)         In residential areas car parking should be visually recessive and preferably located at basement level to maintain the landscaped setting. Where parking in the front setback is compatible with the streetscape, car parking forward of the building line should provide a 2 metre minimum landscaped setback from all property boundaries.

Comment:  The car parking would be located within the existing front setback to the building and not underground. The car park would have a minimum front boundary setback of 710mm and western side setback of 1.13m and would not comply with this control. A submission has been received noting that this does not control with the HDCP.

In support of this variation, for the car park to comply with this control a car space would be required to be deleted. Further, the proposed screen planting and front boundary fence is considered sufficient to maintain a visually consistent streetscape and meet the desired outcomes of the controls. 

e)         Fencing should comply with the relevant controls for developments that are otherwise applicable to the locality.

Comment:  In regard to the front boundary fence, the application proposes a predominantly 1m high rendered brick fence. A 2.1m section of the fence adjacent to the driveway would be 1.8m in height and display the business identification sign. The predominantly low fence is considered acceptable in regard to the surrounding residential environment.

The application also proposes a 2.4m high acoustic fence surrounding the outdoor play area and car park on the northern and eastern boundaries and a 2.1m fence on the western boundary. Subject to conditions requiring materials higher than 1.8m to be made of transparent material in order to ensure sunlight, no objections are raised.

In summary, the proposal would incorporate appropriate landscaping surrounding noise sensitive land uses. The proposal generally meets the desired outcomes of Part 7.1.4 Landscaping of the HDCP and is considered acceptable. 

3.1.3     Stormwater Management

The desired outcome of Part 1C.1.2(a) of the HDCP is to ensure “development that protects waterways from erosion, pollution and sedimentation, and maintains or improves water quality and aquatic habitats”.

The proposed stormwater drainage is for connection to Council’s existing drainage system in Denison Street via gravity.

Subject to recommended conditions including that the drainage system be designed by a qualified hydraulic engineer, the proposed stormwater drainage would meet the HDCP desired outcomes for stormwater management and is considered acceptable.

3.2        Built Environment

3.2.1     Parking

Submissions have been received that raise concerns with the number of car parking spaces and pedestrian safety. In response to these concerns, amended plans and a parking report were submitted.

On 6 December 2017, amended plans and an independent parking and traffic report dated November 2017 were submitted to Council. The report notes that the development would comply with the numerical requirements of the HDCP being 1 space per 4 children. The swept path diagrams included in the report indicate that vehicles can ingress and egress the site in a forward direction. The amended plans include a separate pedestrian pathway which provides accessible entry to the child care centre.

As a consequence of these changes, Council’s traffic and parking assessment raised no objections on parking and safety grounds subject to conditions requiring compliance with the applicable Australian Standards. 

3.2.2     Traffic and Safety

Submissions have been received noting the development would result in additional traffic on Denison Street. In response to this concern, Council officers have undertaken the following traffic assessment of the proposal.

The Roads and Maritime Services (RMS) Guide to Traffic generating Developments  has an AM peak 2 hour period traffic generation of 0.8 trips per child and a PM peak 2 hour traffic generation rate of 0.7 trips per child.  Assuming 75% of the trips to collect or drop off children would occur in the peak 2 hour period this gives a trip generation rate of 18 vehicles in the AM peak and 16 vehicles in the PM peak.   

Council’s traffic assessment considers that the local road network has sufficient capacity to accommodate the additional traffic flow and no objections are raised on traffic grounds.

As the development would cater for a 28 child places, it is not categorised as traffic generating development pursuant to the provisions of State Environmental Planning Policy (Infrastructure) 2007 and therefore does not require referral to the RMS.

The proposal is acceptable having regard to traffic generation in the locality.

3.2.3     Access and Mobility

Submissions have been received noting that the proposal did not include accessible access and bathrooms. In response to this concern, the applicant submitted revised plans. The revised plans include barrier free pedestrian access ramps, a disabled bathroom and a disabled car parking space.

No objections are raised to these plans based on accessibility subject to conditions ensuring that the proposal complies with AS1428 and Disability Discrimination Act 1992.

Submissions have been received noting that the development would result in reduced safety for pedestrians.

In response to this concern, the applicant submitted revised plans including a separate pedestrian entry to the site adjacent to the eastern boundary. This pedestrian walkway would be screened by trees and includes internal access from the carpark. No objections are raised to the amended plans regarding pedestrian safety given separate access is provided from the internal carpark and from Denison Street.

3.2.4     Building Works

Objections have been raised that the development does not currently meet the Building Code of Australia.

In response to this concern, Council officers have assessed the existing building and determined that fire safety upgrades would be required for the child care centre given it is located less than 900mm from the side boundaries. Further, it has been assessed that unauthorised additions have been completed to the rear of the building and an unauthorised outbuilding.

In response to this assessment, Council requested amended plans with details of fire safety upgrades and existing building materials. On 26 February 2018, the requested information was submitted to Council.

Council has assessed the amended plans and no objections are raised subject to conditions requiring the re-construction of the rear of the dwelling and skillion roof and that all windows be upgraded to meet fire safety regulations.

Subject to conditions, the application is considered acceptable in regard compliance with the Building Code of Australia.

3.3        Social Impacts

The proposed child care centre would provide 28 child care spaces.  The development would make a positive social contribution to the local community by providing services for the needs of local residents. This is consistent with the State Government’s ‘A Metropolis of Three Cities’ which identifies the need to provide an additional 689,000 new jobs by 2031.

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 4.15(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 4.15(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 13 September 2017 and 12 October 2017 in accordance with the Notification and Exhibition requirements of the HDCP.  During this period, Council received 19 submissions and a petition containing 114 signatures. 

The amended development was placed on public exhibition and was notified to adjoining and nearby landowners between 15 February 2018 and 8 March 2018. During this period, Council received 4 submissions objecting to the amended development.

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
5 SUBMISSIONS RECEIVED OUT OF MAP RANGE

The submissions and petition objected to the development, generally on the grounds that the development would result in:

·              Unacceptable traffic on local streets;

·              Unacceptable parking;

·              Unacceptable noise from activities at the centre;

·              Number of children;

·              Design of child care centre;

·              Location of child care not appropriate;

·              Road safety;

·              Pedestrian Safety;

·              Unauthorised Works;

·              Privacy;

·              Landscaping;

·              Outdoor play space;

·              Tree removal;

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     Devaluation of adjoining properties

1.         Submissions have been received raising concerns that the development would result in the devaluation of adjoining properties.

The property value of adjacent development is not a matter of consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979.

5.1.2     Existing Development

Submissions have been received raising concerns about a recent increase in development within the locality including the construction of secondary dwellings.

Existing development within the locality is not a matter of consideration as part of this development.

5.1.3     Conflict of interest

A submission received notes that the owner of the subject premises is employed by the company “RPDC Pty Ltd” whom listed as the applicant. The submission states that this may be conflict of interest.

Council is not aware of any conflict of interest that would affect the assessment of the application.

6.         THE PUBLIC INTEREST

Section 4.15(1)(e) of the Act requires Council to consider “the public interest”.

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

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

7.         CONCLUSION and statement of reasons

The application seeks approval for alterations and additions to a dwelling house and change of use to a child care centre accommodating 28 children. 

A total of 23 submissions and a petition with 114 signatures were received objecting to the proposal on the grounds of traffic, parking, safety, unauthorised works, proximity to other centres, landscaping, setbacks, privacy and noise. The issues raised are addressed in the body of the report and the relevant consent conditions under Schedule 1.

The proposed size of the child care centre complies with the maximum permissible under the HDCP controls. The development is permissible in the zone and is considered to be within the environmental capacity of the site.

Accordingly, the proposed development is recommended for approval.

The reasons for this recommendation are

·           The proposed development complies with the requirements of the relevant environmental planning instruments and development control plan,

·           The proposed development would provide a positive social contribution to the local community by providing additional child care options, and

·           The applicant has amended the proposal to address issues relating to car parking, acoustics, landscaping and design to provide a better outcome for adjoining developments and the functioning of the site.

Note:  At the time of the completion of this planning report, no persons have made a Political Donations Disclosure Statement pursuant to Section 10.4 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 Stephen Dobbs who can be contacted on telephone 9847 6760.

 

 

Cassandra Williams Team Leader - Major Applications Planning Division

Rod Pickles Manager - Development Assessment Planning Division

 

 

 

Attachments:

1.⇨	Locality Plan
2.⇨	Site Plan
3.⇨	Landscape Plan
4.⇨	Floor Plans
5.⇨	Elevations and Sections
6.⇨	Stormwater Plan

 

 

File Reference:           DA/1006/2017

Document Number:    D07408139

 

SCHEDULE 1

1.         Approved Plans and Supporting Documentation

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

Approved plans

Plan No.	Plan Title	Drawn by	Dated
1718-028 (A1)-B	Site Analysis	RPDC	05/03/2018
1718-028 (A2)-B	Site Plan	RPDC	05/03/2018
1718-028 (A3)-B	Childcare Floor Plan1	RPDC	05/03/2018
1718-028 (A4)-B	Childcare Floor Plan1	RPDC	05/03/2018
1718-028 (A5)-B	Building Elevations	RPDC	05/03/2018
1718-028 (A6)-B	Building Elevations	RPDC	05/03/2018
1718-028 (A7)-B	Building Section & Front Fence	RPDC	05/03/2018
1718-028 (S1)-B	Stormwater Management Plan	RPDC	05/03/2018
1718-018 (K1)-A	Kitchen Plan	RPDC	18/12/2017

Supporting Documents

Document Title	Prepared by	Dated
Hazardous Building Materials Survey J17-1264R1	SESA	12/09/2017
Noise Assessment BA170723-C	Blackett Acoustics	03/2018
Arboricultural Impact Assessment	Seasoned Tree Consulting	25/08/2017
Statement of Environmental Effects	N/A	N/A
Assessment of Traffic and Parking Implications 17246-B	Transport and Traffic Planning Associates	11/2017

2.         Appointment of a Project Arborist

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

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

3.         Removal of Existing Trees

a)         This development consent permits the removal of tree numbered 1-4 identified in the Landscape Plan, prepared by RPDC, referenced 1718-028 (A8)-B.

b)         The removal of any other trees requires separate approval in accordance with the Tree and Vegetation Chapter 1B.6 Hornsby Development Control Plan 2013 (HDCP).

4.         Construction Certificate

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

b)         A separate Construction Certificate must be obtained from Council for all works within the public road reserve under S138 of the Roads Act 1993.

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

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

5.         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". 

6.         Building Code of Australia

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

7.         Noise Management Plan

a)         An ongoing noise management plan must be submitted and approved by Council prior to the issue of a Construction Certificate.

b)         The ongoing noise management plan must include details of how the child care centre will limit noise to adjoining properties and how it will implement the recommendations contained within the Noise assessment prepared by Blackett Acoustics, Report No. BA170723, Version C, dated March 2018.

8.         Fire Safety Upgrade - Windows

Unless a performance solution (prepared by a qualified fire safety practitioner to Section C of the National Construction Code – Building Code of Australia) is obtained that provides an alternative means of protection, window openings situated along the eastern and western boundaries are required to be protected with:

a)         Wall-wetting sprinklers with windows that are automatic closing or permanently fixed in the closed position, or,

b)         FRL -/60/- fire windows that are automatic closing or permanently fixed in the closed position.

c)         FRL -/60/- automatic closing fire shutters.

Note: Details are to be included with the application for a construction certificate.

9.         Reconstruction of Rear Addition - Rear Dwelling Skillion Roof

a)         As indicated on the plan: Childcare Floor Plan 1, dated 05/03/2017, drawing No. A3 prepared by RPDC, the area hatched blue is to be reconstructed to meet the National Construction Code – Building Code of Australia requirements. Reconstruction of this area includes the roof and its supporting members, ceiling and walls.

b)         Reconstruction works include the slab unless a practicing structural engineer’s certificate is obtained for the use of the slab verifying that it is structurally sound, can withstand design loads in accordance with AS 1170 and has been provided with a suitable water proof barrier/ membrane.

Note: Details of the reconstruction specifications are to be included with the application for a construction certificate.

10.        Sydney Water – Approval

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

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

11.        Safe Work NSW

a)         Documentation must be provided to Council that shows that the nearest point of the proposed development site is not within 100 metres of dangerous goods of a quantity requiring notification to Safe Work NSW.

b)         Should it be found that dangerous goods are located within 100 metres of the proposed development, a Risk Assessment, Emergency Plan and Evacuation Plan for the proposed child care centre due to potential impacts in the event of a leak, spill or similar emergency caused by the dangerous goods must be submitted and approved by Council prior to the issue of a 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)         Connected directly to Council’s street drainage system.

b)         The stormwater drainage system must be designed by a qualified hydraulic engineer.

13.        Internal Driveway/Vehicular Areas

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

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

b)         The driveway be a rigid pavement.

14.        Vehicular Crossing

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

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

b)         The crossing must have a minimum width of 6.2m;

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

d)         The footway area must be restored by turfing;

e)         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.

15.        Waste Management Details

The following waste management requirements must be complied with:

a)         There must be a bin storage area on site that is sufficient for no less than 4 x 240L bins. The path/aisle to access and manoeuvre the bins in and out of their storage position must be no less than 1.5m wide. The bins must not be visible from the street when in the storage area.

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;

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

c)         All bin carting routes must not include any steps, and must be smooth hard surface.

Note: Smooth hard surface includes, but is not limited to, concrete, tiles, floorboards etc, but does not include carpet, grass, pebbles etc.

16.        Construction Management Plan (CMP)

To assist in the protection of the public, the environment and Council’s assets, a Construction Management Plan is to be prepared by a suitably qualified environmental consultant in consultation with a qualified traffic engineer, is to be submitted to Council’s Compliance Team (compliance@Hornsby.nsw.gov.au) for approval to be used by workers and Council as on-site reference during demolition, excavation and construction works, according to the following requirements:-

a)         The CMP will detail the contact information for all development phases for developers, builder, site foremen, private certifier, environmental management consultant and any emergency details.

b)         The plan must include the following:-

i)          Truck movements to and from the site, including the routes used, swept path diagrams entering and exiting the site and implemented traffic control,

ii)          The use of the Denison Street site frontage for the parking, storage or deliveries of any vehicles or machinery is not permitted, the plan must reflect this,

iii)         Site plan showing site sheds, concrete pump location and crane location,

iv)         Safe pedestrian management details including during local school and commuter hours where the footpath is heavily frequented.

c)         The plan will include Construction Waste Management information detailing the following:-

i)          Details on the requirement for importation or excavation of soil and fill including the waste classification of the fill, disposal methods and locations of authorised disposal depots that will be used for the fill;

ii)          Asbestos Information must be included on the requirement and procedures for removal and disposal from the site in accordance with Australian Standard: 2601–2001 – ‘The Demolition of Structures’, and the Protection of the Environment Operations (Waste) Regulation 2005;

iii)         General construction waste details including construction waste skip bin locations and litter management for workers.

17.        Erection of Construction Sign

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

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

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

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

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

18.        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.

19.        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.

20.        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.

21.        Installation of Tree Protection

Tree protection fencing must be erected around all retained trees on the site and 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”.

22.        Tree Protection Zone - Ground Protection

a)         All tree protection zones for the trees to be retained must have a layer of wood-chip mulch installed prior to works commencing.

b)         The wood-chip mulch must be maintained throughout the period of construction at a depth of between 150mm and 300mm, using material that complies with the relevant requirements of Australian Standard AS 4454 – “Composts, Soil Conditioners and Mulches”.  

23.        Tree Protection Certification

To ensure that all tree protection measures are correctly installed, a certificate from the appointed project arborist must be submitted to the Principal Certifying Authority confirming compliance with the tree protection requirements of this consent.

24.        Construction Traffic Management Plan Compliance

The development must be carried out in accordance with the submitted Construction Traffic Management Plans.

25.        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.

26.        Demolition

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

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

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

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

27.        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.

28.        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. 

29.        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.

30.        Landfill

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

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

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

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

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.        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.

33.        Works Near Trees

a)         To maintain tree health and condition, the appointed project arborist must monitor and record any and all necessary remedial actions required for trees on site and adjoining properties.

b)         Any 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.

c)         The maintenance and monitoring of all tree protection techniques must be recorded by the appointed project arborist during the period of construction for submission with the application for the occupation certificate.

34.        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.

35.        Waste Management Details

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

a)         The identity of the person removing the waste.

b)         The waste carrier vehicle registration.

c)         Date and time of waste collection.

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

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

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

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

36.        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.

37.        Landscaping Requirements

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

a)         A dense screen of Lilly Pilly trees must be planted in accordance with the locations indicated in the approved Landscape Plan, prepared by RPDC, referenced 1718-028 (A8)-B. These locations include the surrounds of the outdoor play area and car park.

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

38.        Final Certification Arborist

a)         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.

b)         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.

c)         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.

39.        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.

40.        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. 

41.        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”.

42.        Construction of Engineering Works

All engineering works identified in this consent are to be completed and a Compliance Certificate issued prior to the release of the Occupation Certificate or Subdivision Certificate

43.        Food Premises

a)         A food premises notification form must be submitted to Council prior to the commencement of operation.

Note: Hornsby Shire Council’s Food Premises notification form can be found at http://www.hornsby.nsw.gov.au

b)         The fit out and operation of that part of the building to be used for the preparation of food must be in accordance with Australian Standard 4674-2004 – Design and fit out of food premises, the Food Act 2003, 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.

c)         Prior to the commencement of the child care centre, the operator is requested to contact Council’s Compliance & Certification Team to arrange an inspection for compliance against the relevant legislation and guidelines outlined in this approval. Contact Council’s Administration Officer on 9847 6784.

d)         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.

44.        Hazardous Materials Report

A Hazardous Materials Report must be prepared by a suitably qualified Occupational Hygienist and submitted to Council and the Principal Certifying Authority prior to the issue of an Occupation Certificate. The report must conclude that the site is clear of contamination and suitable for the intended use as a child care centre. The survey is to be undertaken in accordance with the Work Health and Safety Regulation 2011 (NSW) including laboratory analysis for asbestos and lead on the site and within the soil.

45.        Retaining Walls

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

46.        Waste Management Details

The following waste management requirements must be complied with:

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

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

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

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

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.

b)         The child care centre must be provided with an indoor waste/recycling cupboard for the interim storage of a minimum one day’s waste generation with separate containers for general waste and recyclable materials.

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

Note: Ramps between different levels are acceptable

47.        Outdoor Play Area

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

48.        Acoustic Treatment and Certification

a)         Acoustic treatment including boundary fencing must be provided to the proposed development in accordance with the recommendations contained within the Noise assessment prepared by Blackett Acoustics, Report No. BA170723, Version C, dated March 2018.

b)         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 consultant certifying that all acoustic works have been completed in accordance with the recommendations contained within the Noise assessment prepared by Blackett Acoustics, Report No. BA170723, Version C, dated March 2018.

49.        Use of Premises

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

b)         The child care centre shall accommodate a maximum of 28 children. The age mix of children as at 1 January of each calendar year shall be in accordance with the following:

i)          0-2 years – 9 children

ii)          2-3 years – 9 children

iii)         3-5 years – 10 children

c)         The hours of operation of the “child care centre” are restricted to those times listed below:

i)          Monday to Friday – 7:00am to 6:00 pm

d)         A maximum of 9 children in the 0-2 year or 2-3 year age group are permitted to play in the outdoor play area at any one time or a maximum of 10 children in the 3-6 year age group are permitted to play in the outdoor play area at any one time.

e)         The outdoor play period is limited to a maximum 2 hours playtime per day.

50.        Child Care Centre Management

The child care centre must be managed in accordance with the recommendations of the Acoustic Report prepared by Blackett Acoustics, Report No. BA170723, Version C, dated March 2018. A management plan must be prepared and adhered to in accordance with the recommendations of the acoustic report.

51.        Noise Management

a)         An acoustic assessment is to be undertaken by a suitably qualified environmental consultant (being a consultant who has not been involved in consideration of the DA) to assess the compliance of the operation with the acoustic criteria specified in this development consent. The assessment must be undertaken within 60 to 90 days of operation.

b)         The compliance report is to the provided to Council for review and approval within 10 working days of the testing. Any non-compliance with require rectification within 14 days followed by a further test.

c)         The noise management plan approved by Council prior to the issue of a Construction Certificate must be complied with.

d)         The cumulative noise generation from the use of the premises (including mechanical plant) is not to exceed background +10 dB(A) up to a total of 2 hours per day with background +5dB(A) for the remainder of the day when assessed as an Leq (15 minute) noise contribution at any point on the residential side of the common boundaries or at any point in or on the adjacent residential properties

52.        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 returned to the on-site bin storage area promptly after waste and recycling collection services.

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.

53.        Car Parking

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

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

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

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

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

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

f)          Any proposed landscaping and/or fencing must not restrict sight distance to pedestrians and cyclists travelling along the footpath. A sight triangle is to be provided at the property boundary in accordance with AS/NZS 2890.1:2004.  See Figure 3.3 for reference.

g)         Access for garbage vehicles is to satisfy the requirements of Council’s Waste Management Branch.

54.        Advertising Signs

The advertising signage approved under this consent must not be illuminated, flash, move or display electronic images.

55.        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.

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

·          Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

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

Tree and Vegetation Preservation

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

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

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

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

Disability Discrimination Act

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

Covenants

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

Dial Before You Dig

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

Telecommunications Act 1997 (Commonwealth)

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

Asbestos Warning

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

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

Food Premises

The following facilities are required in the food preparation area to ensure food handler hygiene and the cleaning and sanitising of food contact utensils:

·          A hand wash basin and a double bowl sink or

·          A hand wash basin, washing up sink and a dishwasher.

 

IHAP Report No. IHAP13/18

IHAP - Planning Division

Date of Meeting: 26/04/2018

 

2        DA/83/2018 - ANIMAL BOARDING ESTABLISHMENT AND USE OF HORSE ARENA FOR PRIVATE RECREATIONAL PURPOSES - 35 BLACKS ROAD, ARCADIA   

 

EXECUTIVE SUMMARY

DA No:	DA/83/2018 (Lodged on 5 February 2018)
Description:	Change of use of an existing farm building to animal boarding establishment and use of an existing horse riding arena for private recreational purposes
Property:	Lot 1 DP 221916, No.35 Blacks Road, Arcadia
Applicant:	Ms Belinda Gai Sibley
Owner:	Ms Belinda Gai Sibley
Estimated Value:	$46,500
Ward:	A

·              The application proposes the change of use of an existing farm building to an animal boarding establishment and use of an existing horse riding arena for private recreational purposes.

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

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

·              The application is required to be determined by the Hornsby IHAP as 10 or more unique submissions were received by way of objection.

·              It is recommended that the application be approved.

RECOMMENDATION THAT Development Application No. DA/83/2018 for change of use of an existing farm building to an animal boarding establishment and use of an existing horse riding arena for private recreational purposes at Lot 1 DP 221916, No.35 Blacks Road, Arcadia be approved subject to the conditions of consent detailed in Schedule 1 of IHAP Report No. IHAP13/18.

 

BACKGROUND

On 28 July 2010, Council approved DA/307/2010 for demolition of a rural shed, the erection of a rural shed and driveway and minor landform modification works including the construction of a dam. This consent has since lapsed as no works were physically commenced within five years of determination.

On 23 January 2018, Council’s Compliance Team issued an order to cease unauthorised use of the recently constructed animal shelter/shed erected in close proximity to the northern side boundary and to either remove the structure or lodge a Building Certificate.   As a result of this order, a Building Certificate was lodged with Council which is currently under assessment.

On 1 February 2018, Council’s Compliance Team issued an order to cease unauthorised use of the recently constructed shed as a boarding kennel and recently constructed horse arena and to lodge a development application for their respective use.  As a result of this order, the subject development application was lodged for use of the existing farm building at the rear for an animal boarding establishment and use of the horse arena for private horse riding activities. Upon lodgement of the development application, the construction works for the boarding kennel and horse arena had been completed.

On 7 March 2018, Council sent a request for additional information letter requesting an acoustic report for the animal boarding establishment, an updated survey plan, additional information regarding odour management and operational procedures regarding animal excrement and further information on grey water.

On 29 March 2018, Council received additional information in the form of a Noise Impact Assessment and a revised survey plan and additional operational management information.

SITE

The site has an area of 20,200m², is regular in shape and has an average fall of 7% to the south western boundary.  The site is located north west of Blacks Road and is served by an access handle measuring approximately 150m.  There are two Endangered Ecological Communities which exist on the site.  Along the north eastern property boundary, there is a Turpentine Iron Bark Forest and along the south eastern corner of the site and the middle and south western portion of the site is a Blue Gum Shale Forest.

The site is characterised by an existing single storey brick dwelling house, a detached horse stable, horse arena, a detached garage and farm building to the rear of the dwelling house and a gravel driveway providing access from Blacks Road.  Rural residential properties exist to the north, west and south of the site. 

PROPOSAL

The application proposes change of use of an existing farm building to an ‘animal boarding establishment’ for cats and dogs and use of an existing open horse riding arena for private recreation purposes.

The animal boarding establishment would be for small dogs only (i.e. not more than 15 kg) and cats. The proposed number of dogs to be accommodated would be between 4 and 8 and the number of cats would be 4-6. The boarding establishment would cater for 2 dogs from the same family to board together and for 2 cats from the same family to board together rather than traditional boarding establishments which separate each animal.

The boarding establishment will comprise the following:

·              Four individual indoor rooms for dogs measuring 3m x 3m, each with individual 3m x 3m  outdoor areas,

·              Four individual indoor rooms for cats measuring 3m x 2m, each with individual 2m x 2m outdoor areas,

·              A hallway is proposed with individual door openings for the dog and cat kennels to avoid visual disturbance or acoustic conflicts between each pet,

·              Acoustic treatment to be provided inside the dog kennels,

·              60m x 30m dog exercise yard,

·              Administration area.

The animal boarding establishment would employ a maximum of one person at any one time.

The proposed hours of operation for collect and drop off of pets are detailed as follows:

Monday to Saturday                                    8:00am to 5:00pm.

Sundays and Public Holidays             4pm to 5pm. (late pick-ups)

The period between 12pm to 4pm daily is proposed for quiet time to allow pets to relax without any disturbance of entering pets.

The existing horse riding arena measures 20m x 40m and comprises a sand and fibre wool mix. It is proposed to use this arena for private recreation purposes.

ASSESSMENT

The development application has been assessed having regard to ‘A Metropolis of Three Cities’, the ‘North District Plan’ and the matters for consideration prescribed under Section 4.15 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 Metropolis of Three Cities and North District Plan

A Metropolis of Three Cities has been prepared by the NSW State Government to guide land use planning decisions for the next 40 years (to 2056).  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 released the 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 Metropolis of Three Cities, by providing additional services to support a growing population.

2.         STATUTORY CONTROLS

Section 4.15(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 RU4 Primary Production under the HLEP.  The objectives of the zone are:

·           To enable sustainable primary industry and other compatible land uses.

·           To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.

·           To minimise conflict between land uses within this zone and land uses within adjoining zones.

·           To encourage land uses that support primary production, including low-scale and low-intensity tourist and visitor accommodation and the provision of farm produce direct to the public.

·           To ensure that development does not unreasonably increase the demand for public infrastructure, services or facilities.

The proposed animal boarding facility is defined as ‘animal boarding and training establishment’ and the proposed horse riding arena is defined as ‘outdoor recreation facility’. Both uses are permissible in the RU4 zone with Council’s consent. The proposal meets the objectives of the zone as it encourages and promotes diversity and employment opportunities in relation to primary industry enterprises and is a compatible land use within the rural area.

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 10.5 metres.  The application is for change of use only, accordingly, no further assessment regarding height is necessary.

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.

The existing horse arena required cut and fill of approximately 1 metre.  Whilst no cut or fill is proposed as part of this application, Council’s assessment of the existing earthworks and excavation for the horse arena concludes that the proposal is satisfactory subject to a condition recommending certification be obtained from a suitable qualified environmental consultant confirming all fill imported to the site consists of Virgin Excavated Natural Material (VENM) and a condition recommending a compaction certificate be obtained from a structural engineer confirming that the fill batter used to support the horse arena is appropriate for its use and is structurally stable to support the horse arena.

2.2        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.

The application does not propose any construction works with the exception of partition walls and acoustic measures inside the animal boarding facility. The proposal involves the boarding of 4-8 dogs and 4-6 cats within the existing farm building. A dog exercise yard would be located at the rear of the farm building.

A waste management plan has been submitted as part of the application and addresses the appropriate disposal of animal excrement and ancillary waste by proposing animal waste to be collected two times a day, placed in sealed plastic bags and disposed in Council bins.

Waste water collected from cleaning of animals is proposed to be drained to a new onsite waste water management system, separate from the existing system servicing the dwelling.

Subject to conditions, the proposal would not result in an adverse impact on the water quality of the Hawkesbury Nepean Catchment.

2.3        State Environmental Planning Policy No. 55 Remediation of Land

The application has been assessed against the requirements of State Environmental Planning Policy No. 55 Remediation of Land (SEPP 55).  This Policy requires that Council must not consent 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 including aerial photographs reveals that the property has been used exclusively for rural-residential purposes with no record of any site contamination. Given this, the site would be suitable for the proposed use and no further assessment in relation to SEPP 55 is required.

2.4        Section 3.42 Environmental Planning and Assessment Act, 1979 - Purpose and Status of Development Control Plans

Section 3.42 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.

2.5        Hornsby Development Control Plan 2013

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

HDCP – Part 2.1 Rural Buildings
Control	Proposal	Requirement	Complies
Site Area	20,200m²	N/A	N/A
Setbacks of Animal Boarding Facility to nearest sensitive land uses (dwellings)
-       No.33 Blacks Road	130m	100m	Yes
-       No.37 Blacks Road	100m	100m	Yes
-       No.7 Roscommon Road	170m	100m	Yes
-       No.9 Roscommon Road	100m	100m	Yes
Car Parking	>5 spaces	Parking study	Yes

As detailed in the above table, the proposed development complies with the prescriptive measures within the HDCP.  A brief discussion on compliance with relevant performance requirements and Part 1C General Controls is provided below.

2.5.1     Animal Boarding or Training Establishments

On 29 March 2018, Council received additional information in the form of a Noise Impact Assessment prepared by Noise and Sound Services.

The desired outcome for Animal Boarding or Training establishments within Part 2.2.4 of the HDCP seek to ensure that the keeping of animals and their associated activities are sympathetic to the rural character of the area and do not impact on surrounding residents or the environment.

Table 2.2.4(a) of HDCP states that animal boarding and training establishments for cats and dogs should be located 100m from sensitive land uses, including dwelling houses and places of public worship. The proposed animal boarding and training establishment would be located considerable distance from adjoining dwellings as follows: approximately 130m north of the dwelling at No.33 Blacks Road, 100m south of the dwelling at No.37 Blacks Road, 100m east of the dwelling at No.9 Roscommon Road and 170m east of the dwelling at No.9 Roscommon Road.

The NSW Environmental Protection Authority’s Noise Policy for Industry 2017 advises that sleep disturbance occurs where night-time noise levels at a residential location exceed

·           40 dB(A) LAeq,15 minute, or the prevailing RBL plus 5 dB, whichever is the greater, and/or

·           52 dB(A) LAFmax, or the prevailing RBL plus 15 dB, whichever is the greater,

The acoustic report measured existing background and ambient noise levels at the site on Monday 12th March 2018 to Monday 19th March 2018 for the time periods Day 7:00 am – 6:00 pm, Evening 6:00 pm – 10:00 pm and Night: 10:00 pm – 7:00 am. The following noise levels were recorded.

Time of Day	Background Noise Levels (Laf90)	Ambient Noise Levels (LAeq) Dba
Daytime (07:00 – 18:00)	34	51
Evening Time (18:00 – 22:00)	41	59
Night Time (22:00 – 07:00)	44	61

 

It was concluded that existing noise levels were higher at night time than during day time hours due to frog noise generating from a neighbouring pond.

With regards to the dog and cat boarding facility, the acoustic report concluded the following:

During the day/evening time, for noise from 8 dogs barking simultaneously outdoors at 100 metres, without taking a barrier into account, the predicted noise level (LAeq, 15 minute) is 30 dBA. For noise from 8 dogs barking simultaneously outdoors at 40 metres, taking a 1.8metre high barrier into account, the predicted noise level is 31 dBA.

During night time when the dogs would be restricted inside only, the noise from 8 dogs barking simultaneously indoor at 40 metres, without taking a barrier into account, the predicted level (LAeq, 15 minute) is 16 dBA.

Council concurs with the submitted noise report and considers the proposed development acceptable with regard to noise generation as the worst case noise emissions of the proposed dog and cat boarding establishment is compliant with the noise requirements within the HDCP 2013, the Hornsby Shire Council Policy and Guidelines for Noise and Vibration Generating Development (2000), EPA’s Industrial Noise Policy (2000) and EPA’s Noise Policy for Industry (2017).

2.5.2     Car Parking

There are no requirements for vehicle parking in association with the use of the property as an animal boarding establishment in Council’s DCP. In this instance, a parking study would not be required as there is suitable parking on the site for customers and staff to park vehicles.

It is anticipated that customers would either collect or drop off pets by appointment and there would be no demand for a long term parking arrangement for customers on the site. There is suitable area on the site for two parking spaces in association with the dwelling and a third space for the employee. All parking can be contained on the site and 3 car spaces would be provided in-front of the animal boarding facility. It is anticipated that the pick-up and drop off periods would be quick and it is considered that there is ample on-site car parking to cater for the demand generated by staff and customers. Appointments would be made for drop offs and pick-ups to avoid car parking conflicts.

Car parking for the development is assessed as satisfactory.

2.5.3     Hornsby Shire Council Code for the Keeping of Animals

The proposal has been assessed having regard to Council’s Code for the Keeping of Animals.

Although the Code for the Keeping of Animals does not provide specific controls for the boarding of cats in rural areas, Part 6 provides provisions for the boarding of dogs in rural areas. Accordingly, a merit-based assessment in conjunction with an assessment of the relevant provisions within Part 6 is provided below.

Part 6 of the Code provides specific controls for the boarding of animals in rural areas, including:

·              Buildings used for the housing of animals is to be soundly constructed and sound-proofed to prevent any noise nuisance;

·              All feed is to be stored and prepared in a properly constructed building capable of being easily cleansed, maintained and kept free of vermin.

·              All excremental waste is to be disposed of appropriately and not buried or incinerated on the premise.

The existing farm building is proposed to incorporate acoustic panels to mitigate noise impacts to surrounding properties.

On a daily basis, it is proposed that the Animal Boarding facility be cleaned, the food bowls would be washed and the litter trays are to be attended to twice daily. All solid dog and cat waste would be removed, bagged and placed in the general waste bin daily.

Council’s assessment concludes that the number of dogs and cats proposed would not have a detrimental impact on the environmental capabilities of the site and a condition of consent is recommended to be imposed limiting the number of dogs that may be accommodated within the facility to a maximum of 8 and the number of cats restricted to 6.

Subject to conditions requiring compliance with an operational management plan and a condition requiring a certificate be obtained from an acoustic consultant ensuring adequate sound proofing of kennels, Council is satisfied that the proposed development would be adequately cleaned, the excrement be appropriately removed from the premise and the noise emanating from the building be reasonable and is considered acceptable in this regard.

2.5.4     Unauthorised Use

It is noted that the change of use of a farm shed to an animal boarding establishment is subject to this application. Council acknowledges that the ‘farm building’ in which the proposed use will be undertaken is exempt development within SEPP (Exempt and Complying Development Codes) 2008 and approval for this structure is not required. 

2.5.5     Setbacks and Visual Appearance of Horse Arena

The desired outcome of Part 2.1.2 Setbacks of the HDCP is to encourage development that complement the rural character and allow for separation between neighbouring rural developments and retain natural landscaping features.

The proposed horse riding arena would be located 35m from the front boundary and 13 to 14m from the southern side boundary which complies with Council’s HDCP controls for setbacks.

The applicant states that the location of the horse riding arena has been selected to mitigate impacts to existing drainage patterns and is responsive to site constraints associated with topography to reduce the amount of cut and fill required.

The appearance of the horse arena from the streetscape and adjoining properties is considered in keeping with the surrounding rural area and complies with the objectives of the zone. No objections would be raised to the use of this area for private horse riding recreation purposes.

2.5.6     Wastewater

Submissions raise concerns with regard to effluent disposal for the site.  The existing dwelling and other buildings on the site are connected to an existing septic system and irrigation area located to the southern side of the dwelling.

As discussed in Section 2.2 of this report, waste water collected from cleaning of animals as well as excrement from dogs is proposed to be drained to a new onsite waste water management system used for the animal boarding establishment only.

The location of the wastewater system including disposal area would be more than 12m from any property boundary, more than 40m from any dam or drainage channel and more than 20m to natural bushland in accordance with Australian Standard AS1547 – Onsite Domestic Wastewater Management (2000) and Environment & Health Protection Guidelines – Onsite Sewage Management for Single Households (1998).

A condition is recommended in Schedule 1 of this report requiring the on-site sewage management system to be separately approved under the Local Government Act 1993 and installed, commissioned and certified by a licensed plumber.

3.         ENVIRONMENTAL IMPACTS

Section 4.15(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”.

3.1.1     Stormwater Management

The proposed development would connect into the existing stormwater disposal system which is assessed as adequate for the proposed development.

3.1.2     Trees and Vegetation

The proposed absorption trench for the septic system would be located more than 12m from the southern boundary and a condition is recommended in Schedule 1 that the absorption trench or disposal area be located a minimum 20m from indigenous trees growing along the southern boundary of the site.  The location of the absorption area would be clear of tree protection zones.

3.2        Built Environment

3.2.1     Built Form

The proposal is for the use of an existing farm building for an animal boarding establishment. There would be no change to the existing built form and the proposed development would generally maintain the existing rural character of the locality.

3.2.2     Traffic

The proposed animal boarding establishment is not categorised as a traffic generating development pursuant to the provisions of State Environmental Planning Policy (Infrastructure) 2007.

Due to the nature of the site being used for animal boarding establishment, it is anticipated that the volume of vehicular traffic created by this development would be minor.

The proposal is acceptable having regard to traffic generation in the locality.

3.3        Social Impacts

The proposed animal boarding facility would make a positive social contribution to the local community by providing a demand for additional animal boarding facilities for surrounding residents and providing potential employment generation.

3.4        Economic Impacts

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

4.         SITE SUITABILITY

Section 4.15(1)(c) of the Act requires Council to consider “the suitability of the site for the development”.

4.1        Bushfire Risk

A small portion at the front of the property is identified as being subject to bushfire risk. The proposed animal boarding establishment would be located clear of this area and no further assessment regarding bushfire is necessary.

5.         PUBLIC PARTICIPATION

Section 4.15(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 22 February 2018 and 15 March 2018 in accordance with the Notification and Exhibition requirements of the HDCP.  During this period, Council received 15 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
9 SUBMISSIONS RECEIVED OUT OF MAP RANGE

 

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

·              Unacceptable traffic on local streets;

·              Increased vehicular movements;

·              Unacceptable noise;

·              Odour;

·              Lighting;

·              Landform modification;

·              The use is not in keeping with the amenity enjoyed by neighbouring properties;

·              Devaluation of adjoining properties;

·              The existing use operating without consent;

·              The use being in close proximity to the “Arcadia Primary School” on corner of Blacks and Arcadia Road;

·              Number of dwellings within the 100m setback;

·              Waste management issues with particular reference to effluent disposal;

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     Existing Use Operating Without Consent

On 23 January 2018, Council’s Compliance Team issued an order to cease unauthorised use of the recently constructed animal shelter/shed erected in close proximity to the northern side boundary and to either remove the structure or lodge a building certificate.   As a result of this order, a building certificate was lodged with Council which is currently under assessment.

On 01 February 2018, Council’s Compliance Team issued an order to cease unauthorised use of the recently constructed shed as a boarding kennel and partially constructed horse arena and to lodge a development application for their respective use.  As a result of this order, the subject development application was lodged for use of the existing farm building at the rear for an animal boarding establishment and use of the horse arena for horse riding activities.

5.1.2     Devaluation of land values

Submissions raise concerns regarding the potential adverse impacts upon the land values of adjoining properties.

This is not a relevant matter for consideration under section 4.15 of the Environmental Planning and Assessment Act 1979.  No evidence has been submitted to indicate that an adverse impact on land values would occur. It is considered that the proposal would not result in a negative economic impact on the locality.

5.1.3     Dust

A submission raised concerns that the material used for the horse riding arena could be toxic or ‘carcinogenic’.

Council has not received any evidence to suggest that the material used for the horse riding arena is contaminated. The applicant has stated that the material used was a mix of sand and fibre wool to minimise dust suppression. Given that the arena would be used for private recreation purposes it is not anticipated that the material would be toxic to surrounding residents. Notwithstanding, a condition is recommended that a certificate be obtained from a suitably 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.

5.1.4     Privacy

A submission raised concerns that the horse arena would create privacy impacts.

The horse arena is similar in appearance to other horse riding arenas in Arcadia Road, notably No.33 Arcadia Road adjoining this site and No.28 Arcadia Road.  Horse arenas for private recreational use are typical in the rural area and it is not envisaged that this arena would create detrimental privacy impacts to adjoining properties.

5.1.5     View loss

The change of use would not cause loss of iconic or significant views for adjoining properties in accordance with the NSW planning principles for view sharing.

5.1.6     Insufficient documentation

Submissions raise concerns that no survey plan or acoustic report were provided.

Council received a supporting acoustic report and amended survey plan 29 March 2018 and an amended operational plan on 10 April 2018.

5.1.7     Offensive Lighting

A submission raises concerns regarding offensive lighting of the animal boarding establishment.

The proposal is for use of an existing farm building only and a condition is recommended requring operating hours be restricted to 5pm before dusk. The horse arena is not proposed to be illuminated.

5.1.8     Proximity to ‘Arcadia Public School

A submission raises concerns regarding the proximity of the animal boarding establishment to Arcadia Primary School located approximately 80m north of the subject property.

The animal boarding establishment including the dog exercise yard would be located in excess of 100m from the recreation area of the primary school and in excess of 200m from the nearest school building. The dogs would be contained within the designated areas of the building the majority of the time. The application also states that the dogs would be supervised onsite at all times by a member of staff. As stated above, there would be a maximum of eight dogs and six cats onsite at any one time.

Accordingly, it is considered that the proposal would not have a detrimental effect on the primary school.

5.1.9     Development is not in keeping with the rural zone and out of character with the area

The proposed animal boarding house is a permissible land use within the RU4 Primary Production zone. The proposed development would provide a positive social and economic contribution to the local rural community by providing an additional service in the rural area and is compatible with the rural character and the visual landscape of the site.

As discussed in detail of this report, the location and low intensity of the animal boarding establishment is considered to result in a positive outcome for the community which is within the rural context of the surrounding area and compatible with the character of the local area.

5.1.10   Animal welfare

A submission raises concerns regarding that animals might contract diseases. 

This is not a matter for consideration under Environmental Planning Assessment Act 1979.

6.         THE PUBLIC INTEREST

Section 4.15(1)(e) of the Act requires Council to consider “the public interest”.

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

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

CONCLUSION AND REASONS FOR RECOMENDATION

The application proposes change of use of an existing farm building to animal boarding establishment and use of an existing horse riding arena for private recreational purposes.

The design and location of the development complies with the relevant requirements of Council’s HDCP and meets the objectives of the rural zoning stipulated in the HLEP. It is considered that the development would have a positive impact upon the rural landscape, would be in keeping with the built form of the area and is satisfactory having regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979.

15 submissions have been received in respect of the application. The matters raised have been addressed in the body of the report.

Having regard to the circumstances of the case, approval of the application is recommended. The reasons for this recommendation are:

·              The proposed development complies with the requirements of the relevant environmental planning instruments and development control plan,

·              The proposed development is compatible with the rural character and the visual landscape of the site.

Note:  At the time of the completion of this planning report, no persons have made a Political Donations Disclosure Statement pursuant to Section 10.4 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 Matthew Miles who can be contacted on 9847 6760.

 

 

Rod Pickles Manager - Development Assessment Planning Division

Cassandra Williams Team Leader - Major Applications Planning Division

 

 

 

 

Attachments:

1.⇨	Locality Plan
2.⇨	Site Plan
3.⇨	Floor Plan
4.⇨	Operational Management Plan

 

 

File Reference:           DA/83/2018

Document Number:    D07422236

 

SCHEDULE 1

1.         Approved Plans and Supporting Documentation

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

Plan No.	Drawn by	Dated
Survey Report No.180304	Iredale and Associates	16 March 2018
Plan of dog kennels	Belinda Sibley	No date

 

Document Title	Prepared by	Dated
Acoustical Assessment, Report No.22792	Noise and Sound Services	March 2018
Supporting Operational Letter (Management of Kennel Operation)	Belinda Sibley	10/04/2018
Waste management plan	Belinda Sibley	5/02/18
Location of absorption/ waste water system	Belinda Sibley	11/04/2018

 

2.         Wastewater System Approval – Boarding Facility and Grooming Operation

Prior to operation of the boarding facility and grooming operation the following must be approved under the Local Government Act 1993 and installed:

a)         An on-site sewage management system for the animal boarding establishment, separately approved under the Local Government Act 1993, must be installed, commissioned and certified by a licensed plumber in accordance with Australian Standard AS1547 – Onsite Domestic Wastewater Management (2000) and Environment & Health Protection Guidelines – Onsite Sewage Management for Single Households (1998).

b)         The absorption trench or disposal area must be located a minimum 20m from any indigenous trees growing along the southern boundary of the site. 

c)         The certificate must be submitted to Council.

3.         Landfill (Horse Arena)

A certificate shall be obtained from a suitably qualified environmental consultant confirming the fill within the horse arena 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.

4.         Structural Certification Certificate

A compaction certificate shall be obtained from a structural engineer confirming that the fill batter used to support the horse arena is appropriate for its use and is structurally stable to support the horse arena.

5.         Acoustic Certification

Prior to occupation of the animal boarding facility, a certificate must be obtained from an Acoustic Consultant and submitted to Council confirming that the building used for the housing of dogs is soundly constructed and soundproofed to prevent any noise nuisance from barking dogs. Noise levels emitted from the premises are not to exceed 5dB(A) above the existing background levels.

6.         Effluent Disposal

The effluent disposal area is to be suitably identified with signage and protected so as to prevent human or animal contact, minimize health risk and avoid compaction of the soil.

7.         Hours of Operation

The hours of operation for the public to collect and drop off cats and dogs are restricted to those times listed below

Monday to Saturday                                  8:00am to 5:00pm.

Sundays and Public Holidays                    4pm to 5pm

8.         Number of Dogs/Cats

a)         A maximum of eight dogs only are permitted onsite at any one time.

b)         A maximum of six cats only are permitted onsite at any one time.

9.         Operational Conditions

a)         Any dogs left unaccompanied during the day must be housed in the kennel building.

b)         No dog is to be outside the kennel building between 5:00pm and 8:00am.

c)         Cat and dog excrement must be picked up and cleaned twice daily.

d)         Operation of the premise must be carried out in accordance with the submitted Operational Plan dated 10/04/2018.

e)         Customers must drop off and pick up pets by appointment only.

f)          The horse arena must be used for private recreational purposes only and must not be used between the hours of 7pm to 7am.

10.        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).

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 Hornsby Development Control Plan 2013 a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree protected under the Hornsby DCP 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 the Hornsby Development Control Plan 2013.

Disability Discrimination Act

The development may not comply with the requirements of the Disability Discrimination Act 1992.  This is the sole responsibility of the applicant.

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.