Agenda of Local Planning Panel meeting

LPP Report No. LPP34/18

Local Planning Panel

Date of Meeting: 28/11/2018

1 SENIORS LIVING DEVELOPMENT COMPRISING 16 INDEPENDENT UNITS - NOS 95-97 COPELAND ROAD AND NO. 14 HULL ROAD, BEECROFT

EXECUTIVE SUMMARY

DA No:	DA/1277/2017 (Lodged on 17 November 2017)
Description:	Demolition of one existing dwelling and construction of a Seniors Living development comprising 16 independent living units and including adaptive use of an existing dwelling
Property:	Lot 5 DP 4898, Lot 6 DP 4898, Nos 95-97 Copeland Road and No. 14 Hull Road, Beecroft
Applicant:	Graham Selig C/- Ian Glendinning Planning Pty Ltd
Owner:	Caxton Property Developments Pty Ltd
Estimated Value:	$7.5m
Ward:	C

· The application involves demolition of one existing dwelling and associated structures, adaptive reuse of an existing dwelling house and construction of a seniors living development comprising 16 self-contained dwellings.

· The proposal complies with State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 provisions other than the maximum two storey height standard under Clause 40. The applicant’s written request pursuant to Clause 4.6 of Hornsby Local Environmental Plan 2013 to vary the standard is well founded and acceptable.

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Council assume the concurrence of the Secretary of the Department of Planning and Environment pursuant to Clause 4.6 of the Hornsby Local Environmental Plan 2013 and approve Development Application No. DA/1277/2017 for demolition of one existing dwelling and associated structures, adaptive reuse of an existing dwelling and construction of a Seniors Living development comprising 16 self-contained dwellings with basement parking at Lot 5 DP 4898, Lot 6 DP 4898, Nos 95-97 Copeland Road and No. 14 Hull Road, Beecroft subject to the conditions of consent detailed in Schedule 1 of Group Manager’s Report No. LPP34/18.

BACKGROUND

On 19 July 2006 Council approved DA/527/2006 for a boundary adjustment and subdivision of two lots into three. The subdivision included No. 14 Hull Road and a section of the rear of No. 51 Hannah Street and retained the existing dwelling at No. 14 Hull Road, Beecroft.

On 7 April 2015, Council refused DA/1641/2014 for subdivision of three lots (Lot 5 DP 4898, Lot 6 DP 4898, Lot 1 DP 958045) into five lots and the demolition of an existing dwelling house on the following grounds:

1. The proposed development is unsatisfactory in respect to Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979 as the development does not comply with the following Clauses of the Hornsby Local Environmental Plan 2013:

1.1 Clause 5.9 Preservation of trees or vegetation, which aims to preserve the amenity of the area, including biodiversity values, through the preservation of trees and other vegetation.

1.2 Clause 5.10 Heritage Conservation, as the proposed development does not conserve the heritage significance of the heritage conservation area, including associated fabric, settings and views.

2. The proposed development is unsatisfactory in respect to Section 79C(1)(a)(iii) and (b) of the Environmental Planning and Assessment Act 1979, as the development does not comply with the prescriptive measures of the Hornsby Development Control Plan 2013 as follows:

2.1 Part 1B.6 Tree and Vegetation Preservation which requires the retention of vegetation, indigenous and significant trees.

2.2 Part 3.1.3 Landscaping which requires development to retain and enhance the tree canopy and retain existing landscaped features.

2.3 Part 9.3.6 Beecroft/Cheltenham Heritage Conservation Area which requires development to contribute to the desired future character of the area.

3. The proposed development is unsatisfactory pursuant to section 79C(1)(c) of the Environmental Planning and Assessment Act 1979 as it fails to demonstrate that the site is suitable for the proposed development.

4. The proposed development is unsatisfactory in respect to Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979 as the development would not be in the public interest.

On 4 June 2015, the applicant lodged a Section 82A Application for review of the determination for refusal of DA/1641/2014. The application was amended on 18 August 2015 to reduce the number of proposed lots from five to four lots. The application was subject to assessment by Council’s heritage consultant who raised no objection to the proposed demolition of the existing dwelling house for the proposed subdivision and was approved by Council on 6 October 2015.

On 10 July 2015 Council refused DA/1473/2014 for demolition of the existing dwelling and erection of a dwelling house at No. 14 Hull Road, Beecroft on the following grounds:

1. Pursuant to Section 79(1)(b) and (c) of the Environmental Planning and Assessment Act 1979, the proposed development does not comply with Clause 5.10 of the Hornsby Local Environmental Plan 2013 as the existing dwelling is a contributory item to the Beecroft/Cheltenham Heritage Conservation Area and its demolition would adversely impact on the heritage significance of the Beecroft-Cheltenham Heritage Conservation Area including associated fabric, settings and views.

2. Pursuant to Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the development does not comply with the prescriptive measures of the Hornsby Development Control Plan 2013 in respect to Part 9.3 Heritage Conservation Area which requires development to contribute to the desired future character of the area.

3. The proposed development is unsatisfactory in respect to Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979 as the proposed vehicular access to the site would not be consistent with the approved subdivision under DA/527/2006 and therefore would have detrimental impact on the built environment.

4. The proposed development is unsatisfactory in respect to Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979 as the development would not be in the public interest.

The subject application DA/1277/2017 was lodged on 21 November 2017.

On 15 February 2018, Council requested additional information for the proposal to address compliance with Seniors Living requirements for access to shops and services, floor space ratio, heritage conservation, stormwater management and tree preservation.

On 20 March 218, the applicant submitted amended plans and additional information. The amended plans were notified for 14 days.

On 22 May 2018, Council requested additional information for the proposal to retain significant trees and for replacement trees to maintain the existing tree canopy and for front fencing to complement the Beecroft-Cheltenham Heritage Conservation Area.

On 26 June 2018, the applicant submitted additional information.

On 16 July 2018, Council requested additional information for the proposal to address amenity impact of bulk and scale on residents adjoining the eastern boundary, additional deep soil landscaping, compliant car parking and tree protection.

On 30 July 2018, the applicant submitted additional information including a Clause 4.6 variation request for the three storey building height.

On 27 August 2018, Council requested additional information for the proposed upgrading of the bus stops on Hannah Street, Beecroft.

On 5 October 2018 the applicant submitted plans for relocation and upgrading of the bus stop on the southern side of Hannah Street, Beecroft.

SITE

The site, comprising four existing allotments, is L-shaped with a 21m frontage to the eastern side of Hull Road, a 41m frontage to the northern side of Copeland Road and has an area of 5,060m².

The Hull Road section of the site comprises one allotment with an area of 1,348m² and includes an existing single storey Edwardian period dwelling house. The house is derelict. The allotment is clear of significant trees and vegetation and has an average gradient of 7% to the Hull Road frontage.

The Copeland Road section of the site comprises three allotments with a combined area of 3,712m² and an average gradient of 10% to the Copeland Road frontage. One of the lots is a residue land locked parcel with an area of 303.5m² (Lot 1 DP 958045). An existing Edwardian period dwelling house with carport, ancillary structures and a rear tennis court is located on the site. The existing dwelling house is built over two of the allotments and is accessed via an existing driveway off Copeland Road. The house includes a large garden and established trees.

The site is located within the Beecroft/Cheltenham Heritage Conservation Area (HCA) under Schedule 5 (Environmental Heritage) of the Hornsby Local Environmental Plan 2013 (HLEP). The site is also located in the vicinity of heritage items of local significance listed under the provisions of Schedule 5 (Heritage Items) of the HLEP, at No. 51 Hannah Street and at No. 106 Copeland Road, Beecroft.

The subject site includes a mature garden with original plantings and canopy trees.

The surrounding development consists of low scale, one and two storey dwelling-houses on large suburban lots and featuring well-established gardens. A multi dwelling housing development adjoins the north eastern corner of the site.

The site is located approximately 1 kilometre west of Beecroft Railway Station and shopping centre. The site is within walking distance of bus stops (140m) on Hannah Street, providing public transport connection between Beecroft and Castle Hill (Route 651).

PROPOSAL

The proposal involves demolition of the existing dwelling house at Nos. 95 – 97 Copeland Road, alterations and adaptive reuse of the existing dwelling on No. 14 Hull Road and construction of a Seniors Living development comprising 16 self-care dwellings and including adaptive reuse of the existing dwelling house at No. 14 Hull Road, Beecroft.

The proposed dwellings comprise 14 x 2-bedroom plus study dwellings and 2 x 2-bedroom dwellings.

The proposed development would comprise the following:

· A two storey residential flat building (Building B) containing 3 x 2 bedroom + study dwellings (Units 13, 14, 15 and 16) at the Copeland Road frontage of the site.

· A two-three storey residential flat building (Building A) at the rear of Building B and containing 2 x 2 bedroom dwellings and 5 x 2 bedroom + study dwellings (Units 7, 8, 9, 10, 11 and 12).

· A basement car park with access off Copeland Road, 2 x lifts to Buildings A and B and including 10 car parking spaces and 6 visitor parking spaces.

· A row of single and two storey villas including 2 detached dwellings and 4 semi-detached dwellings and including a 1 x 2 bedroom dwelling (Unit 1) and 5 x 2 bedroom + study dwellings (Units 2, 3, 4, 5 and 6). The dwellings include attached garages accessed by a common driveway off Hull Road.

· The proposal includes the alterations and additions to the existing dwelling house at No. 14 Hull Road, Beecroft for adaptive reuse for Seniors Living (Unit 1).

The proposed dwellings range in size from 130m² to 176m². The gross floor area of the development would be 2485m². Each dwelling includes the primary living area being directly connected to a balcony or terrace. The materials and finishes for the new detached and semi-detached dwellings and the residential flat buildings A and B would include tiled hipped roofs, rendered brickwork and a mix of sandstone and other rendered cladding. The proposal includes associated landscape works within the site, brick fencing at the Hull Road frontage and restoration of the existing sandstone fence at the Copeland Road frontage. An enclosed garbage bin room is proposed at the basement level for Buildings A and B. An additional bin storage area is proposed between Unit 5 and Unit 6. Bulky waste storage areas and bin holding areas are proposed at the Hull Road and Copeland Road frontages adjoining the driveways.

The proposal also involves public domain works involving the upgrading of footpaths between the Hull Road frontage and the bus stops on Hannah Street, Beecroft.

ASSESSMENT

The development application has been assessed having regard to Greater Sydney Region Plan – 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 Greater Sydney Region Plan - A Metropolis of Three Cities and North District Plan

The Greater Sydney Region 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 also 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 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 the Greater Sydney Region Plan - A Metropolis of Three Cities and the North District Plan, by providing a diversity of housing types for seniors and aged care housing..

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 provides facilities or services to meet the day to day needs of residents.

The proposed development is defined as ‘seniors housing’ under the HLEP and is prohibited in the R2 Low Density Residential zone. Notwithstanding, the proposal is permitted pursuant to Clause 4 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (SEPP Seniors Living) where land is zoned for urban purposes and where residential development is permitted. The provisions of SEPP Seniors Living prevail to the extent of any inconsistency with the HLEP.

Refer to discussion in Section 2.4.

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 proposed Seniors Living development would have a maximum building height of 10m. Notwithstanding, the proposed development complies with the maximum 8m height standard of the SEPP Seniors Living which is measured from the topmost ceiling to ground level.

The provisions of SEPP Seniors Living prevail to the extent of the inconsistency with the HLEP.

2.1.3 Exceptions to Development Standards

The application has been assessed against the requirements of Clause 4.6 of the HLEP. The objective of this clause is to provide an appropriate degree of flexibility in applying certain development standards, to achieve better planning outcomes. The clause applies to a development standard imposed under HLEP or any other environmental planning instrument.

The SEPP Seniors Living includes a development standard for building height not to exceed two storeys under Clause 40(4)(b) as follows:

(b) A building that is adjacent to a boundary of the site (being the site, not only of that particular development, but also of any other associated development to which this Policy applies) must be not more than 2 storeys in height

Note. The purpose of this paragraph is to avoid an abrupt change in the scale of development in the streetscape

Proposed Building A includes a three storey element (Unit 7) where the building basement is above existing ground level (Refer to discussion in Section 2.4.12).

The applicant has made a written submission pursuant to Clause 4.6 of HLEP requesting variation of the development standard. The submission includes a description of the proposed non-compliance as follows:

A minor breach of the two storey requirement occurs within the central section of Building A where a basement void area extends slightly more than 1 metre above ground level.

Clause 3(2) of SEPP SL states:

In calculating the number of storeys in a development for the purposes of this Policy, a car park that does not extend above ground level by more than 1 metre is not to be counted as a storey.

Within the relevant central section of building A the basement void area extends 1.6 metres above the threshold level at the highest point. However, on average, over the relevant central section, the void area extends only 0.5 metres above the threshold and it is noted that for the majority of the building, it extends no more than 1 metre above ground level. Therefore a small area of the basement void area constitutes a storey for the purposes of the above definition, and with the two storeys above, a breach of the standards occurs.

The applicant’s submission includes justification for the contravention of the development standard as follows:

The proposed breach of the Standard does not cause an abrupt change in the scale of development in the streetscape. Building A is significantly setback from the frontage to Copeland Road, located behind Building B and significant landscaping. It is also situated behind other developments when viewing the site from Hull Road. In this regard, the visibility of Building B in the Copeland Road and Hull road streetscapes will be minimal.

In addition, the minor breach occurs in the central section of Building A, in excess of 11 metres from the eastern side boundary. Both the eastern and western elevations of the building which are in closest proximity to side boundaries (noting the generous, landscaped setbacks) are a maximum two storeys, minimising the change in scale and any amenity impacts on adjoining properties also.

Given the nature of the development, being seniors housing which will naturally be inhabited by persons of limited or decreasing mobility, level access throughout the site and the dwellings must be provided as far as possible.

This presents a challenge which reflects the proposed breach of the standard in the part of the site where the level changes are at the greatest.

The pedestrian entry to Building A, provided from the north, is generally level with the surrounding ground levels. To ensure the proposed dwellings are fit for purpose, internal level changes to floor plates are also minimised and avoided where possible.

Maintaining level access to and within dwellings, coupled with the natural slope of the land in the vicinity of Building A means that for a limited central section, the building constituted three contiguous storeys.

However, the development as proposed maximises internal amenity for future aged residents, at no expense to streetscape or residential amenity of adjoining properties.

The minor breach of the standard results in a better outcome for the development and the site than the available alternatives which provide strict compliance, as:

Stepped floor plates would compromise the use of the dwellings for seniors with limited/decreasing mobility;

· A level basement can be provided with lift access to dwellings above;

· Level changes would necessitate mechanical assistance such as chair lifts, compromising practicality and increasing the hassle associated with accessing the building;

· Potentially greater environmental impacts could result from additional excavation undertaken to lower the basement level to achieve technical compliance;

· Lowering the building would also have the effect of making ground floor dwellings partially subterranean, significantly reducing internal amenity such as privacy, aspect and solar acess;

· Levels throughout the site would need to be altered;

· Providing parking at grade would likely result in the loss of significant vegetation (including the English Oak) and significantly reduce the amount of deep soil and landscaped areas provided within the site; and

· Relocating part of the ground floor habitable space would result in an aesthetically inferior design for the building.

The development as proposed results in a superior overall planning outcome as a seniors housing development on a sloping site.

Compliance with the standard would require stepped access and floor plates, far greater excavation or at-grade parking, all of which would result in inferior planning outcomes. In this regard, the development as proposed with the minor breach of the standard, represents a better planning outcome for the site and the specific type pf development being sought.

The NSW Land and Environment Court in decisions involving variation of development standards under the Clause 4.6 provision has established a ‘four part test’ as follows:

1. Compliance with the relevant development standard must be unreasonable or unnecessary in the circumstances of the case;

2. There are sufficient environmental planning grounds to justify contravening the development standard;

3. The applicant’s written request has adequately addressed the matters required to be demonstrated by Clause 4.6(3); and

4. The proposed development would be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the relevant zone.

The applicant’s submission to vary the SEPP Seniors Living development standard for a building height of not more than two storey, has adequately addressed the matters for consideration under Clause 4.6(3) and is considered satisfactory in justifying contravention of the development standard for the following reasons:

· The proposed Seniors Living development predominantly comprises single and two storey built form and complies with the SEPP Seniors Housing maximum 8m building height measured from the topmost ceiling to ground level. The proposed non-compliance involves the stepping of Building A to the site topography to achieve appropriate built form, compliance with the SEPP Seniors Housing accessibility requirements and provision for basement car parking.

· The proposed Seniors Living development complies with the applicable maximum 0.5:1 floor space ratio pursuant to Clause 50(b) of SEPP Seniors Housing and retains the existing dwelling house at the Hull Road frontage, the existing English Oak (Tree No. 34) and the sandstone wall in the Copeland Road streetscape, which contribute to the Beecroft Cheltenham Heritage Conservation Area.

· The non-compliant three storey element of Building A is confined to the eastern elevation of the building and is setback 11.275m from the eastern side boundary. The non-compliant section of the building would not detract from the amenity of adjoining residents in terms of solar access and privacy.

The proposed variation of the development standard is therefore acceptable in respect to Items 1, 2, and 3 above.

In regard to Item 4 above, the SEPP Seniors Housing does not provide an objective for the two storey height development standard. Notwithstanding, Clause 33(c) of the SEPP includes the following design principles for residential development to be designed to:

(c) Maintain reasonable neighbourhood amenity and appropriate residential character by:

i. Providing building setbacks to reduce bulk and overshadowing, and

ii. Using building form and siting that relates to the site’s land form, and

iii. Adopting building heights at the street frontage that are compatible in scale with adjacent development, and

iv. Considering, where buildings are located on the boundary, the impact of the boundary walls on neighbours.

The objectives of the subject R2 Low Density Residential zone under the HLEP 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 designed with regard to the SEPP Seniors Housing design principles for neighbourhood amenity and residential character. The proposal would accord with the zoning objectives by providing housing options for local senior residents to downsize enabling their under occupied housing to be made available to the general community. The proposal is consistent with the relevant planning objectives and in this regard would be in the public interest.

The proposed variation would not raise any matter of significance for State or regional environmental planning in respect to the Director-General’s considerations under Clause 4.6(5). To require strict compliance with the standard, would not result in an acceptable environmental outcome for the subject site and would not be in the public interest.

The applicant’s written request for variation of the maximum number of storeys building height development standard is therefore satisfactory pursuant to Clause 4.6 and meets the ‘four part test’ established by the Land and Environment Court.

The proposed exception to the development standard is therefore supported.

2.1.4 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire.

The property is located within the Beecroft-Cheltenham Plateau Precinct of the Beecroft/Cheltenham Heritage Conservation Area (HCA) listed under Schedule 5 of the HLEP.

The property is also located within the vicinity of heritage item No. 109, an Inter-war Californian Bungalow built c1915 at No. 51 Hannah Street, Beecroft, and heritage item No. 77, a late Federation bungalow at No. 106 Copeland Road, Beecroft.

The application is accompanied by a Heritage Impact Statement which is supported in respect to the proposed alterations and additions and adaptive reuse of the existing dwelling house at No. 14 Hull Road, Beecroft for seniors housing. The Edwardian period house is in poor condition and the front brick fence has been partially demolished.

The existing dwelling house is a contributory item to the heritage conservation area. The proposed adaptive reuse of the house would include alterations and additions, materials and finishes appropriate to the dwelling period and would maintain the Hull Road heritage streetscape.

The proposed front fencing of the Hull Road frontage is a Federation style 1.2m high picket fence with red brick base matching the existing house. The proposed fence is acceptable in the heritage streetscape.

The submitted Heritage Impact Statement states that the proposal would have a negligible impact on the heritage listed item at No. 51 Hannah Street (No. 109) as the existing tennis court located at the common boundary would provide sufficient separation. Further, the site is sufficiently separated from the heritage item at No. 106 Copeland Road (Item No. 77) to negate any impact on the heritage significance of that item. The submitted statement is supported in respect to the heritage items in the vicinity of the site.

The proposal involves the demolition of the existing dwelling house at Nos. 95-97 Copeland Road, Beecroft. The proposed demolition was the subject of the previous assessment of DA/1641/2014 approved for demolition of the house and subdivision into four lots. In the previous assessment Council’s heritage consultant made the following comments:

PHYSICAL DESCRIPTION

95-97 Beecroft Road is a large, single storey, Edwardian period house in the Federation Arts and Crafts style set on a very large block to the north side of the street. The house is in rendered masonry (likely face brick originally) with a hipped and gabled, terracotta title roof. There are projecting gables to the front and sides with a wrap around, former verandah (now infilled) to the front and sides. There is a gablet to the rear with a verandah (later addition) on masonry pier.

The house has been heavily modified and has a large, later addition to the rear. The side verandahs have been infilled and it appears that the central gable has been altered to form a verandah to the front.

The site has a large garden to the front with a curved drive that spills to the front around a curved retaining wall. The main entrance is to the east with an inset porch that was formerly part of the verandah and there is a wide, well planted garden to this side with a series of stone edged planters and steps.

The drive leads to a modern carport to the west with a rendered masonry outbuilding beyond. There is a raised garden at the rear with a tennis court at the rear boundary.

The gardens are heavily planted with mature trees, mainly to the perimeter, that are mainly exotics including Celtis, Camphor Lauel, Jacarandas, Pines and Palms. There is a large English Oak to the centre of the front garden.

DEMOLITION

The current house on the site has been heavily modified to the point where its original detail is not legible. No objection is raised to its demolition in heritage terms. The carport and rear garage are utilitarian structures of no merit and no objection is raised to their removal.

Council’s initial assessment of the proposed development raised concerns the development would impact on the heritage streetscape of Copeland Road, Beecroft due to the encroachment on the existing building line, loss of existing sandstone front fence and the loss of existing tree canopy.

In response, the applicant has amended the proposal as follows:

· Increasing the front setback of Building A (Copeland Road) to 12.5m-14m with additional articulation to the front façade;

· Retention of a significant tree (Tree No. 34 – Quercus robur, English Oak) within the Copeland Road frontage and a tree within the adjoining property to the east (Tree No. 81 – Cinnamomum camphora, Camphor Laurel) to maintain the existing tree canopy when viewed from the street;

· Additional replacement planting to replace the loss of tree canopy on the site;

· Deletion of proposed retaining walls and terraces along the eastern boundary, maintaining the natural slope and providing additional deep soil zone;

· Restoration of the sandstone wall along the Copeland Road frontage; and

· Construction of a brick front fence on the Hull Road frontage maintaining the heritage streetscape.

Council’s assessment of the impacts of the amended proposal on the heritage values of the HCA and the adjoining heritage listed items concludes as follows:

· The proposed materials and finishes being predominantly face brick walls and roof tiles would complement the existing character of the established buildings within the HCA;

· The overall design, through fenestration, articulation, façade form, materials and finishes would present a new development in keeping with the existing streetscape and heritage values of the precinct;

· The proposed front setback generally complies with the variety of front setbacks along the Copeland Road streetscape and would complement the large front setbacks of the immediate adjoining buildings;

Given the merits of the proposal as above together with the proposed amendments to improve the overall landscape setting within the site and to complement the streetscape, the proposal is assessed as satisfactory with regard with Clause 5.10 of the HLEP.

The detail of the replacement planting proposed is discussed in Section 3.1.1 of this report.

2.1.5 Earthworks

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

The site adjoins residential properties to its northern, eastern and western sides. The proposal would require bulk earthworks to level the site and excavation works up to a depth of 5.5m below ground, to accommodate the single level basement. The proposal is supported by a Geotechnical Assessment Report which includes recommendations regarding construction of foundations, excavation works, ongoing monitoring of groundwater inflows, dilapidation surveys and vibration control techniques and monitoring requirements.

A condition is recommended for implementation of the Geotechnical Assessment Report recommendations. A condition is also recommended for the preparation of dilapidation reports for adjoining properties prior to the issue of a construction certificate.

Subject to recommended conditions the proposed earthworks are satisfactory in respect to Clause 6.2 of the HLEP.

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

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

A search of Council’s records and aerial images reveals that the property has been used exclusively for residential purposes with no record of any site contamination. Given this, the site would be suitable for the proposed use and no further assessment in relation to SEPP 55 is required.

It is also noted that due to the age of the existing dwelling house and the associated outbuildings, there is potential for the existing buildings to contain asbestos. Accordingly, conditions of consent are recommended requiring all asbestos to be safely removed from the site.

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

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

2.4 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

The State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (SEPP Seniors Living) is the prevailing planning instrument for the development of housing for aged and disabled persons in NSW and provides for hostels, residential care facilities (nursing homes) self-contained dwellings and multi-storey buildings, primarily on land zoned for urban purposes.

The SEPP Seniors Living includes land use planning provisions, design principles, development standards and criteria specific to meet the housing needs of aged and disabled people.

An assessment of the proposal in accordance with the relevant requirements of SEPP Seniors Living is provided as follows:

2.4.1 Clause 13 – Self Contained Dwellings

Pursuant to Clause 13 the proposal is defined as ‘in-fill self-care housing’ as follows:

In this Policy, in-fill self-care housing is seniors housing on land zoned primarily for urban purposes that consists of 2 or more self-contained dwellings where none of the following services are provided on site as part of the development: meals, cleaning services, personal care, nursing care

Pursuant to Clause 40, the proposed development complies with the SEPP Seniors Housing development standards for site size, site frontage and height other than the three storey element of Building A (refer to discussion in Section 2.1.3).

Pursuant to Clause 18, a condition is recommended for a Positive Covenant on the title of the proposed development restricting occupation to seniors or people with a disability.

2.4.2 Clause 26 – Location and Access to Facilities

The SEPP Seniors Living includes mandatory standards for accessibility and useability of self-contained dwellings to ensure wheelchair accessibility throughout the development and to a public road. Mandatory standards also apply for access to public transport, medical services and shops.

The proposed development is designed for residents of Building A, Building B and the proposed villas to have accessible access to the Hull Road frontage.

The applicant submitted an Access Report prepared by Lindsay Perry Access, which includes a detailed assessment of the subject site and the proposed development, concerning compliance with the mandatory standards. Beecroft Railway Station and shops are located at a distance of approximately 1km from the site. A bus service operates on Hannah Street (bus route 635) with connection to Castle Hill and Beecroft Railway Station. The bus stop is approximately 220m from the Hull Road frontage of the site.

The gradient of the footpath on Copeland Road is too steep for access to the Hannah Street bus stop for compliance with Clause 26(3) of the SEPP Seniors Living.

In order to provide accessible path of travel from the Hull Road frontage of the site to the bus stops on Hannah Street, the proposal includes the following:

· Re-grading and reconstruction of the existing footpath between the Hull Road frontage of the site and relocation and upgrading of the bus stop on the southern side of Hannah Street;

· Construction of kerb ramps on both sides of Hannah Street to provide suitable crossing provision;

· Construction of a footpath on the northern side of Hannah Street connecting to the bus stop with the pedestrian refuge crossing near the intersection with Hull Road; and

· Reconstruction of the pedestrian refuge in Hannah Street at the Hull Road intersection.

Council’s access consultant peer reviewed the submitted Access Report and supports the proposed upgrading works for compliant access. Appropriate conditions are recommended for construction of the proposed civil works in accordance with Council’s design requirements.

Subject to recommended conditions the proposed Seniors Living development would have compliant access to shops and services pursuant to Clause 26 of the Policy.

2.4.3 Clause 30 – Site Analysis

The application includes a Site Analysis plan in accordance with the requirements of the SEPP Seniors Living. The proposal is assessed as satisfactory in this regard.

2.4.4 Clause 31 – Design of In-Fill Self-Care Housing

In determining a development application for in-fill self-care housing, a consent authority must take into consideration the provisions of Seniors Living Policy: Urban Design Guideline for Infill Development published by the Department of Planning and Environment.

The merits of the proposal in meeting the SEPP Seniors Living design principles and the Seniors Living Policy Urban Design Guidelines for Infill Development (The Guidelines) are discussed in the following sections of this report.

2.4.5 Clause 33 – Neighbourhood Amenity and Streetscape

2.4.5.1 Streetscape

The site is elevated to the northern side of Copeland Land and to the eastern side of Hull Road. The existing house is set well back (40m) from the road with trees and shrubs within the front setback.

The streetscape of the northern side of Copeland Road is characterised by large two storey brick and tile dwelling houses. The more recent dwelling houses adjacent to the western side boundary are set back approximately 13m; the front setback area is mainly dominated by paved surface areas for shared vehicle access off a single driveway. The streetscape east of the site is characterised by canopy trees on the vacant adjoining lot and large brick and tile dwelling houses with similar front setbacks.

The large number of canopy trees together with the sandstone front wall fencing of the subject site and the existing dwelling houses contribute to the heritage streetscape. The streetscape of the lower side southern side of Copeland Road is characterised by the tree canopy and brick and tile dwelling houses. The pattern of development on the southern side of the street includes more recent battleaxe subdivisions.

The Hull Road streetscape forms a more uniform streetscape with no infill battleaxe development and features Federation and Inter-war dwelling houses.

Refer also to discussion regarding the heritage streetscape in Section 2.1.4.

The Guidelines provide the following objectives in relation to streetscape impacts:

· To minimise impacts on the existing streetscape and enhance its desirable characteristics;

· To ensure that new development, including the built form, front and side setbacks, trees, planting and front fences, is designed and scaled appropriately in relation to the existing streetscape;

· To minimise dominance of driveways and car park entries in the streetscape; and

· To provide a high level activation and passive surveillance to the street.

The Guidelines state that the visual bulk of a building, as viewed from the street should be reduced by breaking up the building mass, allow breaks in rows of attached dwellings and avoid uninterrupted building facades.

Having regard to the above objectives and the established streetscape, the proposed development would provide an appropriate relationship with the established streetscapes of Copeland Road and Hull Road for the following reasons:

· The development proposes a two storey built form fronting Copeland Road, which is consistent with the existing dwelling houses on the western side (Nos. 93A and 93B Copeland Road);

· The proposed ridge height of Building B (RL143.3) fronting Copeland Road would be less than the existing house at No 93A Copeland Road (RL144.06);

· Building B would be well articulated to break the resultant building mass and reduce the overall bulk and scale as perceived from the street;

· The proposed 12m-13m setback of Building B from the Copeland Road frontage is consistent with the front setback of the existing adjoining dwelling house;

· The driveway width is reduced to be 3m within the front setback to increase the deep soil zone and landscaping opportunities. Additional landscaping is proposed at the interface between the development and the adjoining dwelling to the west;

· A significant Oak tree (Tree No. 34) within the front setback and a large Camphor laurel (Tree No. 81) on the eastern boundary are proposed to be retained to maintain the tree canopy visible to the street;

· The existing sandstone wall along the Copeland Road frontage would be retained and improvements proposed to enhance the appearance of the wall;

· Due to the existing topography of the site and the existing dwellings on the western side of the site, the two storey built form would blend with the existing character of the area;

· The proposal respects the settings of Hull Road by proposing to retain the existing contributory dwelling house;

· The proposed cluster of villa style dwellings at the rear of 14 Hull Road would not detract from the existing streetscape; and

· The proposed fencing would complement the proposal and the streetscape.

The proposed development is satisfactory in achieving The Guidelines streetscape design objectives.

2.4.5.2 Neighbourhood Amenity

The Guidelines design objectives to minimise impacts on residential amenity of neighbours are:

· To minimise impacts on the privacy and amenity of existing neighbouring dwellings;

· To minimise overshadowing of existing dwellings and private open space by new dwellings;

· To retain neighbours’ views and outlook to existing mature planting and tree canopy;

· To reduce the apparent bulk of development and its impact on neighbouring properties; and

· To provide adequate building separation.

The impact of the proposed buildings on neighbourhood amenity is discussed below, having regard to the above objectives:

a. Northern Boundary

The proposed Seniors Living development includes six villa style dwellings along the northern boundary. Three of the dwellings include attic space with dormer windows at the southern elevation. The north-facing private open space areas for Units 2, 3, 4, 5 and 6 would adjoin the neighbouring dwellings rear yards, two of which include tennis courts.

The submitted landscape plan includes sufficient screen planting along the northern boundary to address and maintain neighbourhood privacy and amenity.

The proposed villa dwellings would not detract from existing views or result in overshadowing of neighbouring residents and would maintain a low density residential environment.

The proposed accesway off Hull Road servicing the proposed villa dwellings includes 1.0m-1.5m wide landscaping along the southern boundary with the adjoining dwelling house fronting Hull Road.

Conditions are recommended for the proposed landscaping to be maintained and for installation of 1.8m high lapped and capped timber paling fencing on all boundaries, to ensure neighbourhood amenity and privacy and to mitigate the operation of the proposed driveway.

b. Eastern Boundary

The proposed driveway off Copeland Road for access to the basement carpark beneath Building A and Building B has a minimum setback of 3m from the eastern side boundary.

Building A is setback >16.5m and Building B is setback 4.69m (gnd flr) and 11.275m (1^st flr) from the eastern side boundary.

The proposed setbacks to the eastern boundary are acceptable in moderating the bulk and scale of Building A and Building B in relation to neighbouring properties. The proposed setbacks provide for adequate landscaping to maintain residential privacy and amenity.

The proposal would retain significant canopy trees Nos. 34 and 81 which contribute to the visual amenity of the neighbourhood and the streetscape.

c. Western Boundary

The site is on the lower side of the western boundary with the adjoining dwelling house fronting Copeland Road.

Proposed Building A is setback 4.0m from the western boundary and Building B is setback 3.0m. The proposed buildings would have a minimum separation of 8m.

In terms of bulk, scale and building height proposed Building A and Building B would be consistent with the adjoining dwelling on the western boundary. The proposed setbacks would provide for adequate landscaping to ensure that the privacy of the neighbouring residents is maintained.

The proposed pedestrian entry and lobby for Building B is below existing ground level on the western boundary and would not detract from adjoining residential amenity. The proposed living and dining room windows at the western elevation of Unit 15 (Building B) would be screened by 1.8m high fencing and landscaping along the western boundary and are acceptable for neighbourhood privacy.

To ensure an appropriate level of neighbourhood privacy a condition is recommended for the kitchen and dining room windows at the western elevation of Unit 10 and the dining room window at the western elevation of Unit 13 (Building A), to be highlight windows with a minimum sill height of 1.5m.

The proposed development is considered acceptable in meeting The Guidelines design objectives for neighbourhood amenity, subject to recommended conditions.

2.4.6 Clause 34 - Visual and Acoustic Privacy

The proposed development is designed to minimise interface with neighbouring residents in accordance with the design principle of Clause 34 as follows:

(a) Appropriate site planning, the location and design of windows and balconies, the use of screening devices and landscaping, and

(b) Ensuring acceptable noise levels in bedrooms of new dwellings by locating them away from driveways, parking areas and paths.

The design principle is achieved through living and private open space areas of the proposed villa units at ground level and screening by fencing and landscaping. The living and private open space areas of the Building A and Building B units are oriented internally to the site or to the Copeland Road street frontage and accordingly achieve the design principle.

The proposed driveway off Copeland Road and the driveway off Hull Road are setback from the side boundaries to enable landscaping and would not detract from the amenity of existing and future residents.

Subject to recommended conditions for fencing, landscaping and highlight windows the proposal is satisfactory in respect to visual and acoustic privacy.

2.4.7 Clause 35 – Solar Access and Design for Climate

The site benefits from the long axis to the northern boundary but has a southerly aspect to the Copeland Road frontage. The proposed development is designed to achieve compliance with the Clause 35 design principle to:

(a) Ensure adequate daylight to the main living areas of neighbours in the vicinity and residents and adequate sunlight to substantial areas of private open space, and

(b) Involve site planning, dwelling design and landscaping that reduces energy use and makes the best practicable use of natural ventilation, solar heating and lighting by locating the windows of living and dining areas in a northerly direction.

The design principle is achieved through the proposed building layout and design for solar access with regard to the site aspects. Proposed Building A and Building B would result in some overshadowing of adjoining private open space areas on 22^nd June, but would not result in more than 50% of the adjoining open space areas being overshadowed and is acceptable regarding solar access to neighbouring residents, in accordance with Council’s criteria for dwelling houses.

The application also demonstrates that 75% of the proposed dwellings would receive solar access for 3 hours between 9am and 3pm 22^nd June in accordance with Clause 50 of the SEPP Seniors Living.

The proposal is assessed as satisfactory in addressing the design principle of Clause 35.

2.4.8 Clause 36 – Stormwater

The proposed stormwater drainage system is designed for connection to Council’s stormwater drainage system in Hull Road and in Copeland Road.

The proposed stormwater drainage system incorporates water quality treatment and on-site detention (OSD) in accordance with Council’s civil works specification and Water Sensitive Urban Design Strategy.

The proposed OSD is located at the frontage within the proposed driveway. A condition is recommended for the OSD to be designed clear of the Tree Protection Zones of trees to be retained.

Subject to recommended conditions the proposal is satisfactory in addressing Clause 36.

2.4.9 Clause 37 – Crime Prevention

The access way design, pedestrian linkages and orientation of dwellings ensures casual surveillance of the development and separation of public and private areas. The application is assessed as satisfactory in this regard.

2.4.10 Clause 38 – Accessibility

The development remains fully accessible with the internal and outdoor layouts satisfying the applicable standards of the Building Code of Australia and the Disability Discrimination Act 1992. The matter is assessed in detail in Section 2.4.2 of this report.

2.4.11 Clause 39 – Waste Management

Adequate waste storage and collection facilities are available on the site. The 16 self-contained dwellings would require 5 x 240 litre garbage bins that would be serviced twice weekly plus 5 x 240 litre recycling bins serviced weekly.

The applicant submits that the proposed development incorporates the following on-going waste management measures:

· One common bin room at the basement to service Buildings A and B;

· Two common external bin storage areas to cater for Units 1 – 6;

· The bin storage areas are proposed on the southern boundary and between Units 5 and 6; and

· Bin holding areas and bulky waste storage areas are allocated within 2m from the front boundaries on Hull Road and Copeland Road.

The bin storage areas are within accessible distances of the dwellings. No stairs or steps are proposed in the bin carting routes. The bin storage areas are conveniently located for residents use and include sufficient space for all the required bins plus aisle space to access and manoeuvre the bins. A site caretaker will be required to transfer the bins between the storage areas and the holding areas for collection services at the Copeland Road and Hull Road frontages of the site.

Subject to recommended conditions the proposed waste management system is satisfactory.

2.4.12 Clause 40 – Development Standards

The proposed development site complies with the minimum 1,000m² site area development standard and the minimum 20m site frontage development standard, pursuant to Clause 40(2), (3).

Clause 40 (4) specifies height requirements in the subject zone where residential flat buildings are not permitted as follows:

(4) Height in zones where residential flat buildings are not permitted:

a) The height of all buildings in the proposed development must be 8 metres or less, and

b) A building that is adjacent to a boundary of the site (being the site, not only of that particular development, but also of any other associated development to which this Policy applies) must be not more than 2 storeys in height, and

c) A building located in the rear 25% area of the site must not exceed 1 storey in height.

Height is defined in the SEPP Seniors Living as follows:

Height in relation to a building, means the distance measured vertically from any point on the ceiling of the topmost floor of the building to the ground level immediately below that point.

Ground level means the level of the site before development is carried out pursuant to this Policy.

The proposed development would result in a height of 8m which complies with Clause 40(4)(a). The submitted drawings note that a void area above the basement car park, labelled “sub-floor-void”, under Building A (behind Unit 13) extends more than 1m above the existing ground level on the eastern side. While this part is labelled as “sub-floor”, it forms part of the basement carpark which is located below Units 11 and 7. This portion of the basement forms an additional storey pursuant to Clause 3(2) of SEPP Seniors Living. Therefore, the proposal would not comply with Clause 40(4)(b). The applicant has submitted an objection pursuant to Clause 4.6 of the HLEP, to request variation to the height standard which is supported as discussed in Section 2.1.3 of this report.

Clause 40(4)(c) of the SEPP Seniors Living requires that buildings located within the rear 25% of the site be single storey. The proposed development includes single storey villa housing units within the rear 25% of the site and complies with this provision.

2.4.13 Clause 41 – Standards Regarding Accessibility and Useability

This clause requires developments to comply with development standards contained within Schedule 3 of SEPP Seniors Living to ensure an adequate level of access for people with disabilities. The application includes a Disability Access report that addresses the controls. Compliance with the controls is discussed below and reinforced by conditions of consent.

Item	Provision	Compliance	Comments
2(1), (2) and (3)	Wheelchair Access 100% of the units must have wheelchair access by a continuous path of travel to an adjoining public road and to common areas. Site gradient should be less than 1:10 or If the whole of the site does not have a gradient of less than 1:10: (a) the percentage of dwellings that must have wheelchair access must equal the proportion of the site that has a gradient of less than 1:10, or 50%, whichever is the greater, and (b) the wheelchair access provided must be by a continuous accessible path of travel (within the meaning of AS 1428.1) to an adjoining public road or an internal road or a driveway that is accessible to all residents	Yes Yes	The levels are designed to provide a continuous accessible path from the units to the internal driveway and public road. Lifts/ramps are provided for the two storey buildings. The access report certifies that gradients for all parts of the development are suitable for wheelchair access. Slope – Less than 1:10. The basement level for Buildings A, B would connect to the pedestrian pathway providing access to the Hull Road frontage. The access report certifies that all gradients are suitable for wheelchair access and complies with Clause 2(1), (2) and (3).
3	Security Pathway lighting	Yes	Security Pathway lighting provided.
4	Letterboxes	Yes	To be provided at the entry point.
5	Private Car Accommodation If car parking (not being car parking for employees) is provided: · car paces must comply with AS2890, and · 5% of total number must be designed to enable width to be increased to 3.8 metres. · Garage with power operated doors	Yes	The plans and the Access Report demonstrate that all parking spaces comply with AS2890.6 and Item 5
6	Accessible Entry Every entry must comply with AS4299.	Yes	The Access Report advises that the units comply. Compliance can be enforced via conditions of consent.
7	Interior: General Widths of internal corridors and circulation at internal doorways must comply with AS1428.1.	Yes	The Access Report advises that the units comply with AS1428.1. Compliance can be enforced via conditions of consent
8	Bedroom One bedroom to accommodate a wardrobe and queen-size bed and a clear area of at least 1200mm at the foot of the bed and 1000mm wide beside the bed and the wall.	Yes	The Access Report advises that the units comply with AS1428.1. Compliance can be enforced via conditions of consent
9	Bathroom At least 1 bathroom to comply with AS1428.1	Yes	The Access Report advises that the units comply with AS1428.1. Compliance can be enforced via conditions of consent
10	Toilet Provide a visitable toilet per AS4299.	Yes	The Access Report advises that the units comply. Compliance can be enforced via conditions of consent
11, 12 and 13	Surface Finishes, Door Hardware, Ancillary Items Slip resistance surfaces.	Yes	Compliance can be enforced via conditions of consent
15	Living Room and Dining Room Circulation space per AS4299.	Yes	The Access Report advises that the units comply. Compliance can be enforced via conditions of consent
16 and 17	Kitchen and Access Circulation space per Cl.4.5.2 of AS4299. Width of door approaches of 1200mm	Yes	The Access Report advises that the units comply. Compliance can be enforced via conditions of consent
18	Lifts Lifts in multi-storey buildings	Yes	Lifts are proposed for Buildings A and B
19	Laundry Width of door approach to be 1200mm Clear space in front of appliances of 1300mm.	Yes	Compliance can be enforced via conditions of consent
20	Storage for Linen Linen cupboard per AS4299	Yes	Compliance can be enforced via conditions of consent
21	Garbage A garbage storage area must be provided in an accessible location.	Yes	Garbage storage areas are provided at accessible locations.

In accordance with the above table, conditions of consent are recommended to ensure compliance with the requirements of Clause 41.

2.4.14 Clause 50 – Standards That Cannot be Used to Refuse Development Consent for Self-Contained Dwellings

The SEPP Seniors Living includes non-discretionary development standards whereby compliance cannot be used to refuse development consent. The following table sets out the proposal’s compliance with these standards.

Clause	Control	Proposal	Requirement	Comment
50(a)	Building Height	8m >2 storey	8m 2 storeys	Yes No
50(b)	Density and Scale	0.49:1	0.5:1	Yes
50(c)	Landscaped Area	42%	30%	Yes
50(d)	Deep Soil Percentage Deep soil at the rear Minimum dimension	24% Not provided at the rear 3m	15% <2/3 3m	Yes No Yes
50(e)	Solar Access	75%	70%	Yes
50(f)	Private open Space Ground level units Minimum dimension Upper level units Minimum dimension upper level	15m² 3m >10 m² 2m	15m² (min) 3m 10 m² (min) 2m	Yes Yes Yes Yes
50(h)	No. of car spaces	16 for residents	16 (32 bedrooms @ minimum of 0.5 car spaces per bedroom)	Yes

2.4.14.1 Building Height

The proposed Building B, would in part exceed the maximum 2 storey height limit. The matter is discussed in Section 2.1.3 and Section 2.4.12 of this report.

2.4.14.2 Solar Access

As stated in the table above, 12 out of 16 dwellings (75%) would receive adequate sunlight between 9am and 3pm during Winter Solstice which satisfies Clause 50(e) of the SEPP Seniors Living.

2.4.14.3 Landscaping and Deep Soil Zones

The proposed landscaping is satisfactory in providing for streetscape amenity and pockets of communal open space areas. The proposal also retains the existing significant trees Nos. 34 and 81.

The proposal does not provide 2/3rds of the deep soil landscaped area with the rear part of the site. The non-compliance is acceptable with regard to the configuration of the site with two street frontages and the greater setback and landscaped area at the Copeland Road frontage which is satisfactory in maintaining the significance of the Beecroft-Cheltenham Heritage Conservation Area. The proposed communal open space areas located centrally and at the frontage, promote interaction in providing useable meeting and resting places.

Subject to recommended conditions for tree protection measures and implementation and continued maintenance of the landscaping plan, the proposal is satisfactory in respect to Clause 50(d).

2.4.14.4 Private Open Space

The private open space areas comply with the requirements of Clause 50(f) of the SEPP Seniors Living. The proposed courtyards, ground floor terraces and upper level balconies are considered appropriate for the respective units in respect to dwelling size, aspect, access off living areas, privacy and amenity.

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

The Policy provides for design principles to improve the design quality of residential flat development and for consistency in planning controls across the State. Pursuant to Clause 4(1)(b) the Policy applies to a building that is at least 3 or more storeys (not including levels below ground (existing) or levels that are less than 1.2 metres above ground level (existing) that provide for car parking.

Proposed Building A is primarily two storey and includes a three storey element where the basement is 1.5m above existing ground level. The Policy technically applies to Building A but only to the section of the building where the Policy applies. The Policy therefore applies to Units 7, 8 and 11.

Proposed Units 7, 8 and 11 would achieve the design quality principles and the Apartment Design Guide criteria.

2.6 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

Subject to the implementation of installation of sediment and erosion control measures and stormwater management to protect water quality, the proposal would address the requirements to protect the Sydney Harbour Catchment.

2.7 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.

2.8 Hornsby Development Control Plan 2013

As discussed in Section 2.1 of this report, the proposed development is prohibited within the R2 Low Density Residential zone pursuant to the HLEP. Accordingly, the HDCP provisions would not apply to this development.

Notwithstanding, the HDCP provisions are a guide for implementation of appropriate measures to address trees protection, stormwater drainage and civil works, which are discussed in Section 3 of this report.

2.9 Section 7.11 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2014-2024 applies to the proposed seniors living development comprising 16 self-care dwellings.

The site includes two existing dwellings on four existing lots. Three of the lots comprise the site of the existing dwelling house at Nos. 95-97 Copeland Road. Lot 5 and Lot 6 DP 4898 each have an area of 1,722m². Lot 1 DP 958045 has an area of 269.4m² and is a land locked parcel and would not accommodate a dwelling house in accordance with the HDCP.

A credit therefore applies for three of the existing lots.

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

The subject site and adjoining land contains exotic, native and locally occurring tree species. The submitted Arboricultural Impact Assessment lists a total of 84 trees. Trees numbered 34, 61, 62, 77, 79 and 81 are identified as significant trees.

The proposal would necessitate the removal of 65 trees within the site. Significant tree No. 61 (Jacaranda mimosifolia - Jacaranda) and tree No. 62 (Acer negundo – Box Elder) would be removed.

The majority of the trees to be removed are exotic species comprising mature garden plantings within the landscaped grounds of the existing house fronting Copeland Road. Much of the existing tree canopy would be removed by the proposal. The established garden contributes to the heritage streetscape as discussed in Section 2.1.4.

The submitted landscape plan would retain significant tree No. 34 (Quercus robur – English Oak) located in the Copeland Road street frontage and tree No. 81 (Cinnamomum camphora – Camphor Laurel) located midway on the eastern boundary. Appropriate conditions are recommended for protection of the trees to be retained.

The landscape plan includes deep soil areas for planting of nine locally indigenous canopy trees including Angophora costata – Smooth barked Apple Gum, Banksia intergrifolia – Coast Banksia and Syncarpia glomulifera – Turpentine which range in height from 15m-25m. A condition is recommended for the planting of an additional locally indigenous canopy tree.

The submitted landscape plan includes 17 locally indigenous sub-canopy trees including Alphitonia excels – Red Ash, Elaeocarpus reticulatus – Blueberry Ash and Tristaniopsis cultivar – Water Gum, which range in height from 5m-8m. The plan also includes 71 exotic and native trees ranging in height from 2m-10m are proposed.

Subject to recommended conditions the submitted landscape plan is acceptable and would provide a balanced outcome for replacement of the tree canopy that would be lost by the proposal.

3.1.2 Stormwater Management

The matter is discussed in Section 2.4.8 of this report.

3.2 Built Environment

3.2.1 Built Form

The bulk of development is confined to the central part of the site and transitions to single and two storey built form at the street frontages. In this regard the proposal has regard to the low density character of the area and is considered satisfactory in contributing to the built form of the area. Refer also to discussion in Section 2.4.

3.2.2 Traffic

The site has a frontage to Copeland Road, which is an unclassified regional road connecting Pennant Hills Road and Beecroft Road. Unrestricted kerbside parking is allowed on both sides of this road at this location including the frontage of the site. Hull road is a local road with no parking restrictions on either side of the carriageway.

A Traffic and Parking Impact Assessment submitted with the proposal estimates the traffic generation from the existing site and proposed development using RMS traffic generation rates. The net increase in traffic generation due to the proposed development is estimated to be 4.4 vehicle trips per hour in the AM and PM peak hours. The projected increase in traffic generation would not detract from the efficiency of the local road network.

The proposal provides vehicular access to the site via two driveways off Copeland Road and Hull Road. Council’s engineering assessment concludes that the width of the driveway is satisfactory to enable vehicles to pass and enter and leave the site in a forward direction.

Council’s engineering assessment of the traffic impacts of the development concludes that the proposed development would not adversely impact on the on-going operation of the local road network. Conditions of consent are recommended requiring the preparation of a Construction Traffic Management Plan and a Pedestrian Access Management Plan. It is considered that the impact of the proposal on the local traffic network and pedestrian safety during construction works can be suitably mitigated via implementation of the recommended conditions and the provisions of suitable work zones in consultation with Council.

3.3 Social Impacts

The development would make a positive social contribution to the local community by providing housing for older persons and persons with disabilities.

3.4 Economic Impacts

The proposal would have a minor positive impact on the local economy in conjunction with other residential type 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”.

The subject site has not been identified as bushfire prone or flood prone land. The site is located in an accessible area and has the capability to accommodate the proposed development.

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 29 November and 13 December 2017 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received 19 submissions from 18 residents and one from the Beecroft Cheltenham Civic Trust (BCCT). The amended plans were renotified between 23 March and 6 April 2018. During this period Council received 13 further submissions including one from the BCCT. 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	SUBMISSIONS X ORIGINAL PLANS X AMENDED PLANS	PROPERTY SUBJECT OF DEVELOPMENT
TWO SUBMISSIONS RECEIVED OUT OF MAP RANGE

The grounds of objection are addressed as follows:

5.1.1 Heritage Conservation Area

The majority of the submissions made in response to the original proposal raised concerns the loss of the existing house with established garden and sandstone front wall on Copeland Road, Beecroft would detract from the streetscape and the Beecroft-Cheltenham Heritage Conservation Area.

The amended proposal would maintain the current building line in Copeland Road, retain and restore the sandstone front wall and be designed to retain the English Oak (Tree No. 34) at the frontage of the site. In response to the amended proposal the submissions raised further concerns regarding unacceptable loss of trees and heritage.

As discussed in Section 2.1.4 the amended proposal would not significantly detract from the heritage significance of the conservation area and is acceptable subject to recommended conditions.

5.1.2 Access for Seniors

The submissions raised concerns of non-compliant pedestrian gradient for seniors to access the bus stop on Hannah Street.

The proposal includes upgrading of the pedestrian access and the bus stop on the southern side of Hannah Street in compliance with the SEPP Seniors Living access standard. Refer to discussion in Section 2.4.2.

5.1.3 Car Parking

The submissions raise concerns the proposed car parking would be inadequate and no visitor car parking would be provided for the villa units.

The proposed car parking complies with the SEPP Seniors Living criteria as noted in Section 2.4.14.

The proposal includes six visitor car parking spaces within the basement car park. In this regard four spaces would be required in accordance with HDCP. A condition is recommended to ensure visitors to the proposed villa units would have access to the basement car park.

5.1.4 Traffic and Road Safety

The submissions raised concerns the proposal would increase traffic congestion and reduce road safety.

The proposed traffic generation would not reduce the efficiency of the local road network as discussed in Section 3.2.2.

5.1.4 Residential Character

The submissions raised concerns proposed Building A and Building B were prohibited and out of character with the surrounding dwelling houses.

The proposed buildings are not disproportionate to recently constructed large dwelling houses within the heritage conservation area and have regard to characteristic elements of the surrounding built form. Refer to discussion in Section 2.4.5.

5.1.5 Residential Amenity

The submissions raised concerns the proposal would detract from residential amenity due to overlooking and to the location of waste bin storage facilities, entry lobby Building B and basement car park entry.

Proposed Building A includes Units 7, 9, and 11 which would have balconies elevated to neighbouring residents. To ensure appropriate privacy and amenity a condition is recommended for privacy screens.

Appropriate conditions are recommended for highlight windows at the western elevation of Building A.

The proposed bin storage area located on the southern side of proposed driveway off Hull Road is a collection point and not for permanent storage and is an acceptable arrangement for residential amenity.

The proposed basement car park entry is setback 18m from the eastern boundary and would not detract from amenity of adjoining residents subject to boundary fencing and landscaping.

The proposed pedestrian entry and lobby for Building B adjacent to the western boundary is below the level of the adjoining land and would not detract from residential amenity.

5.1.6 Loss of Trees

The submissions raised concerns regarding the loss of trees from the site and the protection of trees to be retained.

The site includes an established garden which contributes to the streetscape and heritage conservation area.

The proposed development would retain significant Trees No. 34 and No. 81 but would result in the loss of the majority of the existing trees and shrubs on the site. The proposed tree loss is acceptable as discussed in Section 3.1.1 and subject to recommended condition for replacement planting of 10 canopy trees on the site.

Appropriate conditions are recommended to protect trees to be retained and for implementation of the submitted landscape plan which includes replacement tree planting.

5.1.7 Two Developments

The submissions raised concerns the proposal would form two separate developments.

The proposed villa units and the Building A and Building B units have shared pedestrian access to Hull Road. The proposed visitor car parking spaces within the basement car park are provided for the total development.

Subject to recommended conditions for the residents of the villa units to have pedestrian access to the Copeland Road frontage and for access to the visitor car parking spaces for the villa units, the proposal would operate as a single development.

5.1.8 Loss of Hedge

The submissions raise concerns the loss of the hedge on the northern boundary would reduce privacy screening.

A condition is recommended for the landscape plan to be amended to retain the hedge for neighbourhood amenity.

5.1.9 Inconsistency DA/1641/2014

The submissions raise concerns the proposed development would not result in the same environmental outcomes as the approved subdivision of No. 95-97 Copeland Road, Beecroft.

The proposed Seniors Living development is not permissible under the provisions of HLEP which applied to the approved subdivision. Notwithstanding, the provisions of the SEPP Seniors Living are comparable in terms of building height, site coverage and floor space to development permissible within the R2 Low Density Residential zone.

5.2 Public Agencies

The development application is not required to be referred to any Public Agencies.

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 criteria and would provide a development outcome that, on balance, would result in a positive impact for the community. Accordingly, it is considered that the approval of the proposed development would be in the public interest.

CONCLUSION

The application proposes demolition of one existing dwelling and construction of a Seniors Living development comprising 16 independent living units and including adaptive use an existing dwelling.

The proposed development is permissible pursuant to State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 and generally complies with the design principles and development standards under the Policy other than the maximum two storey building height standard. The applicant’s written request for variation of the height standard, pursuant to Clause 4.6 of the HLEP, is well founded and is supported.

The proposed built form has regard to the residential character of the area. The existing dwelling house proposed for adaptive reuse contributes to the Beecroft-Cheltenham Heritage Conservation Area. The proposed demolition of the existing dwelling house at Nos. 95-97 Copeland Road, Beecroft and removal of the established garden is acceptable with regard Council’s heritage assessment and the submitted landscape plan.

The proposal is assessed as satisfactory with regard to the matters for consideration pursuant to Section 4.15 of the Environmental Planning and Assessment Act 1979, subject to recommended conditions. Council received 32 submissions during the notification periods. The proposal has been amended to address Council’s and neighbours’ concerns regarding adverse impacts on the heritage streetscape, neighbourhood amenity, and visual and acoustic privacy of neighbouring residents.

Having regard to the circumstances of the case, approval of the application is recommended.

Note: At the time of the completion of this planning report, no persons have made a Political Donations Disclosure Statement pursuant to Section 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 Garry Mahony, Senior Town Planner.

Cassandra Williams

Team Leader - Major Applications

Planning Division

Rod Pickles

Manager - Development Assessment

Planning Division

Attachments:

1.	Locality Plan
2.	Survey Plan
3.	Architectural Plans
4.	Bus Stop Relocation Plan
5.	Landscape Plans
6.	Shadow Diagrams

File Reference: DA/1277/2017

Document Number: D07502337

SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1. Approved Plans and Supporting Documentation

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

Plan No.	Plan Title	Drawn by	Dated
DA001 Issue A	Demolition Plan	PBD Architects	2017.11.17
DA100 Issue D	Lower Ground Floor Plan (Copeland Road)	PBD Architects	2018.07.19
DA101 Issue C	Upper Ground Floor Plan (Copeland Road)	PBD Architects	2018.07.19
DA102 Issue D	Ground Floor Plan (Hull Road)	PBD Architects	2018.07.19
DA103 Issue C	Level 1	PBD Architects	2018.07.19
DA104 Issue C	Roof Plan	PBD Architects	2018.07.19
DA110 Issue C	Unit 01 Details	PBD Architects	2018.07.19
DA200 Issue C	Elevations Sheet 1	PBD Architects	2018.07.19
DA201 Issue D	Elevations Sheet 2	PBD Architects	2018.07.19
DA300 Issue C	Sections	PBD Architects	2018.07.19
DA400 Issue A	Schedule Of External Finishes	PBD Architects	2017.11.17
DA700 Issue A	Concept Hull Road Fence Design	PBD Architects	2018.06.19
DAL01G Amdt G	Hull Rd Landscape Plan	Jane Britt Design	24/07/18
DAL02H Amdt H	Upper & First Floor Copeland Road Landscape Plan And Schedule	Jane Britt Design	24/07/18
DAL03F Amdt F	Lower Copeland Rd Landscape Plan	Jane Britt Design	24/07/18
043-17C-DA-1001 Issue E	Cover Sheet, Locality Plan and Index Sheet	Craig & Rhodes	02.10.18
043-17C-DA-1101 Issue E	Proposed Footpath Reconstruction Plan	Craig & Rhodes	02.10.18
043-17C-DA-1201 Issue E	Proposed Footpath Longitudinal Sections	Craig & Rhodes	02.10.18
043-17C-DA-1301 Issue E	Bus Stop Detail	Craig & Rhodes	02.10.18

Document Title	Prepared by	Dated
Arboricultural Impact Assessment (D07339589)	Footprint Green	17 Nov 2017
Stormwater Management Report (D07412252)	Craig & Rhodes	6 March 2018
Disability Access Report (D07339588)	Lindsay Perry Access	13 Nov 2017
Disability Access Report (D07412235)	Lindsay Perry Access	9 March 2018
Traffic & Parking Assessment Report (D07339707)	Varga Traffic Planning Pty Ltd	17 Nov 2017
BASIX Certificate No. 879828M_02 (D07339591)	Efficient Living	17 Nov 2017
Heritage Impact Statement (D07412248)	Urbis	19 Feb 2018
Geotechnical Investigation (D07339593, D07339594)	JK Geotechnics	13 Nov 2017
Waste Management Plan (D07339587)	Ian Glendinning Pty Ltd	17.11.2017

2. Removal of Existing Trees

a) This development consent permits the removal of trees numbered 2-7, 9-33, 35-70 as identified on pages 9 to 12 in the Arboricultural Impact Assessment prepared by Footprint Green dated 17/11/17.

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).

3. Amendment of Plans

a) The Tree Protection Plan Drawings Nos aiatp1.01and 2.01 dated 17/11/17 prepared by Footprint Green must incorporate the following information:

i) All trees must be clearly numbered and correspond with the tree data and detail the Tree Protection Zones;

ii) Location of site sheds;

iii) Location of protection fencing (labelled with the diameter from trunk);

iv) Trees identified to have trunk and canopy protection measures;

v) TPZ areas to be mulched;

vi) Location of Haulage roads;

vii) Location Building storage materials;

viii) Location Building waste area’s;

ix) Location Site toilets being used (Where applicable and must be outside the TPZ);

x) Location of installations of services and methodology to be used; and

xi) Detail construction using tree sensitive techniques such as pier and beam construction or screw piling for footings with cantilevered or suspended slabs.

b) To comply with Councils requirement in terms of privacy, the approved plans are to be amended as follows:

i) The kitchen and dining room windows at the western elevation of Unit 10 and the dining room window at the western elevation of Unit 13 (Building A), are to be highlight windows with a minimum sill height of 1.5m.

ii) The balconies of Units 7, 9, and 11 are to include privacy screening at the side elevations to adjoining properties to prevent overlooking of neighbouring residents.

iii) The privacy screens must have no individual openings more than 30mm wide and have a total of all openings less than 30% of the surface area of the screen.

iv) The landscape plan Drawing No. DAL01G Amdt G prepared by Britt Design is to be amended to retain the existing hedge along the northern boundary adjoining the existing tennis courts.

v) The landscape plan Drawing No. DAL03F Amdt F prepared by Britt Design is to be amended by the planting of an additional locally native canopy tree which is to be included in the planting schedule Drawing No. DAL02H Amdt H.

c) The existing front sandstone wall and driveway return at the new vehicular crossing must be reconstructed using the same stone as existing. The details of the wall and its foundation are to be submitted with the construction certificate application.

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

4. Construction Certificate

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

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

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

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

5. Section 7.11 Development Contributions

a) In accordance with Section 4.17(1) of the Environmental Planning and Assessment Act 1979 and the Hornsby Shire Council Section 94 Development Contributions Plan 2014-2024, the following monetary contributions must be paid to Council to cater for the increased demand for community infrastructure resulting from the development:

Description	Contribution (4)
Roads	$11,412.25
Open Space and Recreation	$107,600.20
Community Facilities	$41,364.65
Plan Preparation and Administration	$347.10
TOTAL	$160,724.20

Being for 16 Seniors Living Units and including a credit for three existing allotments.

b) The value of this contribution is current as at 14 November 2018. If the contribution is not paid within the financial quarter that this condition was generated, the contribution payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 94 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$C_{PY =}$C_DC x CPI_PY

CPI_DC

Where:

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

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

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

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

c) The monetary contribution must be paid to Council:

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

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

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

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

6. Building Code of Australia

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

7. Contract of Insurance (Residential Building Work)

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

8. Notification of Home Building Act 1989 Requirements

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

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

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

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

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

i) The name of the owner-builder; and

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

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

9. Utility Services

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

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

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

10. Sydney Water – Approval

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

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

11. Dilapidation Report

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

· No. 93A Copeland Road, Beecroft

· No. 99A Copeland Road, Beecroft

· No. 12 Hull Road, Beecroft

· No. 45C Hannah Street, Beecroft

12. Excavation

A detailed geotechnical assessment of the site by a chartered structural engineer is to be undertaken for the design of the basement excavation and support, groundwater drainage, basement and foundation design, in accordance with the recommendations of the Geotechnical Assessment prepared by J K Geotechnics dated 13 November 2017.

13. Seniors Living Housing

The details of the approved units designed in accordance with the standards under Schedule 3 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 must be provided with the Construction Certificate Plans.

14. Traffic Control Plan

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

a) Arrangements for public notification of the works;

b) Temporary construction signage;

c) Permanent post-construction signage;

d) Vehicle movement plans;

e) Traffic management plans; and

f) Pedestrian and cyclist access/safety.

15. 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".

16. 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 AS2890.1, AS2890.2, AS3727 and the following requirements:-

a) Design levels at the front boundary shall be obtained from Council via separate Applications to Council’s Crossing Engineer for Crossing Levels;

b) Design levels at the front boundary be obtained from Council for the design of the internal driveway longitudinal sections;

c) The driveways be a rigid pavement;

d) The driveway grade must not exceed the AS2890.1 or AS2890.2 maximums for the largest vehicle required to traverse the driveway, and transitions for changes of grade must not exceed the maximum grade changes prescribed by AS2890.2;

e) The driveway pavement be a minimum 3 metres wide, 0.15 metres thick reinforced concrete with SL82 steel reinforcing fabric and a 0.15 metre sub-base;

f) The pavement have a kerb to one side and a one-way cross fall with a minimum gradient of 2 percent with kerb inlet pits provided on grade and at low points;

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

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

i) Turning areas to service the proposed parking modules in accordance with Australian Standards AS 2890.1 to ensure vehicles can enter and leave the site in a forward direction; and

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

17. Vehicular Crossings

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, via applications for Crossing Levels, for the design on the internal driveways;

b) Any redundant crossings must be replaced with integral kerb and gutter in accordance with Council standards;

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

d) Approval must be obtained from all relevant utility providers that all necessary adjustment works be undertaken to accommodate a Crossing.

Note: An application for a vehicular crossing can only be made to one of Council’s Authorised Vehicular Crossing Contractors, or be the subject of a Subdivisions Construction Certificate to Council as Roads Authority. You are otherwise advised to contact Council on 02 9847 6940 to obtain a list of contractors.

18. On Site Stormwater Detention

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

a) Have a capacity of not less than 50 cubic metres, and a maximum discharge (when full) of 80 litres per second;

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

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

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

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

f) Not be construction within the tree protection zones of trees to be retained.

19. Water Quality Treatment Systems and Drainage Connection

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

a) The internal drainage system shall be designed and constructed to convey the 20 year Average recurrence interval storm and provide water quality treatment systems designed by a suitably accredited person in accordance with HDCP2013 Section 1C.1.2.i;

b) The roof and stormwater drainage system from any building proposed to remain shall be connected to the proposed internal drainage system;

c) The outlet for the internal drainage system shall be connected to a Council-controlled drainage system with the following requirements:-

i) A separate Application must be made to Council for ‘Approval To Connect Stormwater Drainage Outlet To Council’s System’ with all fees paid, prior to connecting to Council’s drainage system;

ii) The connection to Council’s drainage pit or pipeline in accordance with Councils Design Standard Drawing No. 6 must be inspected by a Council Engineer from Council’s Planning Division;

Note: An inspection booking can be made by calling Council on 9847 6760 quoting the Application reference number commencing SD;

iii) Connection to Council’s drainage system shall include design and construction of Council’s standard kerb inlet within Council’s Road in accordance with Council’s Design and Construction Specification. The Applicant’s Engineer must prepare the design of system including location of proposed work in the plan. Three (3) copies of the plan shall be submitted with lodgement and payment of the Application;

iv) A Traffic Control Plan (TCP) must be prepared by a qualified traffic controller in accordance with the Roads & Traffic Authority’s Traffic Control at Worksites Manual 1998 and Australian Standard AS1742.3 for all work on a public road. Three (3) copies of the Traffic Management Plan shall be submitted with lodgement of the Application prior to Council’s approval. The TCP must detail the following:

a. Arrangements for public notification of the works;

b. Where a drainage connection is proposed within a Classified Road, a copy of the relevant Road Occupation License approved by the Traffic Management Centre with dates and times of proposed Occupations;

c. Temporary construction signage;

d. Vehicle movement plans;

e. Traffic management plans; and

f. Pedestrian and cyclist access/safety.

v) Where public assets and utilities are impacted by proposed works, the Applicant shall relocate or reconstruct the asset or utility in accordance with the relevant standard at the Applicant’s cost;

vi) Prior to the issue of an Occupation Certificate a Compliance Certificate must be obtained from Hornsby Council for the connection to Council’s drainage system.

Note: A certificate from a chartered civil engineer together with a works as executed design plan must be submitted to the Principal Certifying Authority and Hornsby Council to demonstrate the satisfaction of this condition.

20. Access and Mobility in Public Road

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

a) Consultation be undertaken with Council’s Traffic & Road Safety Branch for design and approval of proposed accessible pedestrian refuges, medians, splitter islands, bus stops, signage and accessible footpaths between Hull Road and Hannah Street;

b) The design of the proposed pedestrian facilities shall be submitted to Council’s Traffic & Road Safety Branch for approval by Council’s Local Traffic Committee (LTC) prior to lodging construction applications for same with Hornsby Council;

c) The pedestrian facilities shall be designed and constructed generally in accordance with DA-approved accessibility plans;

d) Pursuant to Section 138 Roads Act 1993, a Subdivisions Construction Certificate (SCC) shall be lodged with Hornsby Council after LTC Consent and assessment and compliance inspection quotations have been provided by Council;

e) The plans must be prepared by a chartered Engineer and include all plans and specifications for the proposed works. Plans shall include details of adjustment works on any existing road asset and adjustment to any utilities necessary by the works in accordance with that utility’s guidelines; and

f) Prior to the issue of an Occupation Certificate a Compliance Certificate must be obtained from Hornsby Council for the above works.

21. Construction Management Plan (CMP)

To assist in the protection of the public, the environment and Council’s assets, a separate Construction Management Plan must be prepared by a suitably qualified environmental consultant in consultation with a qualified traffic engineer, and submitted to Council’s Compliance Team at compliance@hornsby.nsw.gov.au, according to the following requirements:

a) The CMP must detail the contact information for developers, builder, private certifier and any emergency details during and outside work hours.

b) The plan must include a Construction Traffic Management Plan (CTMP) including 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) Survey plan showing site sheds, concrete pump location, crane location and existing survey marks;

iii) Work Zones, Road Openings, Road Closures, Crane Permits and Road Occupancy licenses, or any intentions to obtain such approvals; and

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

c) The plan must also include a Construction Waste Management Plan detailing the following:-

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

ii) Asbestos management requirement and procedures for removal and disposal from the site in accordance with AS 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.

d) Management of stormwater disposal from the detention basin or basement throughout all development phases in accordance with the ANZECC Guidelines trigger values for the area.

e) Sediment and Erosion control including during rainfall events and site plans showing entry to or exits from the site, all in accordance with the ‘Soils and Construction 2004 (Bluebook)’.

f) Air quality management on site, including dust suppression measures during demolition and construction.

g) Details on the general operating procedures to manage environmental risk throughout all stages of works on the site;

h) To ensure Council assets are maintained throughout the development, a detailed survey plan showing existing survey marks, vehicle entry, footpath and hoarding (fencing) locations; and

i) Noise and vibration control information to address any noise nuisances such as rock sawing or breaking, the mitigation methods implemented and how complaints will be managed or prevented.

22. 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.

23. Road Works

A detail design drawing for the proposed median crossing in accordance with RMS Technical Directions, Austroads Guidelines and in consultation with Council’s Traffic and Road Safety Branch is to be provided. The drawing is to include notes on removal of redundant line markings, show proposed delineation lines and signs, including BUS ZONE signs for the existing bus stops. The drawing is also to show how access from the footpath on the south side of Hannah Street to the median crossing island and bus stop is to be achieved.

24. Bus Stops

A detailed design of the bus stops is to be provided to Council’s Traffic and Road Safety Branch so that the proposed conversion of the bus stops to bus zones can be considered by the Hornsby Local Traffic Committee after Public Consultation with affected residents.

25. Waste Management Details

The following waste management requirements must be complied with:

a) For the bin storage room at the basement level:

i) The bin storage room must be accessible by persons with a disability after the garbage bins and recycling bins are installed (that is, have a 1.55m wide access aisle and no stacking of bins 2 or more deep); and

ii) Have door(s) wide enough and positioned so that the 240 L bins can fit through; and

iii) Be located no more than 50 m walking distance from each dwelling making use of this bin storage room. The walking path from each accessible/adaptable dwelling to the bin storage room must be an accessible path of travel. The walking path from each dwelling to the bin storage room must not include the public footpath, that is must be wholly within the site.

· Note: a 240 L recycling bin is 600 mm wide by 750 mm deep; allow for 75 mm ease around the bin to avoid damage to walls etc from scraping. The door must be wide enough and positioned such that all the bins can fit through. Every bin must be able to be accessed (no stacking of bins two or more deep).

b) For the bin hold areas at the ground level:

iv) The bin holding areas must be screened on 3 sides only; and

v) There must be no step between the bin holding area and the driveway; and

vi) The bin holding area must be at the same level as the driveway; and

vii) The bin carting route from the bin holding area to the nearest street must not exceed a gradient of 1:20 (Note: AS2890.1 requires the first 6m of driveway to have a gradient not exceeding 1:20); and

viii) Screening to a height of no less than 1.2 m should be provided.

c) The bin carting route from the waste collection/bin holding area to the truck parking location on the street must not include any steps.

d) 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:

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

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

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

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

Note: the site(s) to which the waste materials are taken must be legally able to accept those wastes.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

26. Erection of Construction Sign

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

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

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

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

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

27. Protection of Adjoining Areas

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

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

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

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

Have been identified as requiring a temporary hoarding, fence or awning within the Council approved Construction Management Plan (CMP).

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

28. Toilet Facilities

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

b) Each toilet must:

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

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

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

29. Erosion and Sediment Control

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

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

30. Tree Protection Measurement Requirements

a) Trees numbered 1, 8, 34, 71-84 must have tree protection measures for the ground, trunk and canopy installed in by the project arborist;

b) The placement of tree protection fencing for trees numbered 1, 8, 34, 71-84 must be in accordance with the revised tree protection plan (Refer Condition No. 3);

c) Tree protection fencing for the trees to be retained numbered 1, 8, 34, 71-84 must be installed by the project arborist and consist of 1.8m high temporary fencing panels installed in accordance with Temporary Fencing and Hoarding Standards AS4687-2007;

d) The protection fencing must have shade cloth or similar attached to reduce transport of dust, particulates and liquids from entering the tree protection zone (TPZ);

e) Tree Protection fencing must have identifying signs attached, with the lettering complying with AS1319;

f) All tree protection fencing must have a TPZ radius as listed in the Tree Assessment Sheets prepared by Footprint Green dated 17/11/17; and

g) All tree protection fencing must be maintained at the TPZ radius for the duration of the development for trees numbered 1, 8, 34 and 71-84.

31. Tree Trunk and Branch Protection

a) Tree crown protection measures are required for tree numbered 8, 34 and must be installed by the project arborist;

b) Must be applied in accordance with the relevant requirements section 3.3.6 Crown protection of Australian Standard AS 4970-2009 - “Protection of Trees on Development Sites” ;

c) The circumference of the Trunk and or branches must be wrapped in hessian or similar material to provide cushioning for the installation of timber planks (50 x100mm or similar); and

d) Timber Planks must be spaced at 100mm intervals and must be attached using adjustable ratchet straps.

32. Tree Protection Zone – Ground Protection

a) All tree protection zones must have a layer of wood-chip mulch at a depth of between 150mm and 300mm that complies with the relevant requirements of Australian Standard AS 4454 – “Composts, Soil Conditioners and Mulches installed prior to works commencing.

b) Where fencing cannot be installed inside the TPZ the wood-chip must be covered with a layer of geotextile fabric and rumble boards to allow for small plant movement and/or placement of storage of material.

33. Installation of Designated Haulage Roads

Designated access paths and haulage roads must be installed in accordance with the relevant requirements of Australian Standard AS 4970-2009 - “Protection of Trees on Development Sites”.

34. 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.

REQUIREMENTS DURING CONSTRUCTION

35. 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.

36. Demolition

To protect the surrounding environment, all demolition work must be carried out in accordance with Australian Standard AS2601-2001 – The Demolition of Structures and the following requirements:

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

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

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

37. Environmental Management

To prevent sediment run-off, excessive dust, noise or odour emanating from the site during the construction, 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.

38. Street Sweeping

To protect the surrounding environment, street sweeping must be undertaken following sediment tracking from the site along the site frontage of Copeland Road and Hull Road during works and until the site is established.

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

39. Prohibited Actions Within the Fenced Tree Protection Zone Area

a) In accordance with the AS4970-2009, the following activities are prohibited within the fenced area of TPZ:

i) Soil cut or fill including excavation and trenching;

ii) Soil cultivation, disturbance or compaction;

iii) Stockpiling storage or mixing of materials;

iv) The parking, storing, washing and repairing of tools, equipment and machinery;

v) The disposal of liquids and refuelling;

vi) The disposal of building materials;

vii) The siting of offices or sheds; and

viii) Any action leading to the impact on tree health or structure.

40. Works Near Trees

a) No consent is granted for any works within the Structural Root Zone of trees numbered 1, 8, 34 and 71-84.

b) To maintain tree health and condition for trees to be retained, the appointed project arborist must monitor and record any and all necessary remedial actions required.

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.

41. Maintaining Tree Protection Zones

The Tree Protection Zone must be maintained by the project arborist in accordance with section 4.6 requirements of Australian Standard AS 4970-2009 - “Protection of Trees on Development Sites”

42. Works Within Tree Protection Zones

a) Root Pruning

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

b) Driveway/concrete slabs

i) The removal of the existing driveway must be undertaken manually using small hand held plant such as jackhammer.

ii) To minimise soil compaction within the Tree Protection Zone/structural root zone of trees numbered 34, and 71-84 on the approved plans, the replacement or new driveway must be built above grade using sensitive construction techniques such as piers or screw pilings consistent with the relevant requirements of Australian Standard AS 4970-2009 “Protection of Trees on Development Sites” .

c) Deck/House Foundation/Footings

Where the building footprint enters or transects the Tree Protection Zones of trees numbered 34 on the approved plans sensitive construction techniques such as screw pilings or piers, cantilevered or suspended slab design must be employed to create a 100mm clearance above existing soil grade.

Note: To minimise soil compaction where the root zone is reactive clay, sensitive construction techniques such as localized pier and beam (bridged) screw pile footings or root and soil moisture control barriers may be appropriate.

d) Excavation

Any necessary excavations within the Tree Protection Zone of trees numbered 1, 8, 34 and 71-84 on the approved plans not associated with installation of services must be undertaken manually as prescribed in the Australian Standard AS 4970-2009 – “Protection of Trees on Development Sites” Section 4.5.5.

e) Changing of Grade

Grade Changes are permissible outside the Structural Root Zone in the form of fill in conjunction with piers or other sensitive methods of construction. All fill used must be consistent with Australian Standards “Soils for Landscaping and Garden Use” AS4419-2003.

f) Installing Services

To minimise impacts within the Tree Protection Zone (TPZ) of trees numbered 1, 8, 34 and 71-84 on the approved plans the installation of services must be undertaken as follows:

i) The project arborist must monitor the installation of any underground services which enter or transect the tree protection zone.

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

g) Installation of scaffolding

Where scaffolding is required it must be erected outside the TPZ and in accordance with AS 4970-2009 section 4.5.6.

43. 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.

44. Works Near Trees Certification

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

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

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

45. 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.

46. Landfill

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

a) Prior to fill material being imported to the site, a certificate shall be obtained from a 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 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.

47. 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 and Protection of the Environment Operations (Waste) Regulation 2014 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.

48. Survey Report

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

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

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

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

49. Waste Management

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

a) The identity of the person removing the waste;

b) The waste carrier vehicle registration;

c) Date and time of waste collection;

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

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

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

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.

50. Traffic Control Plan Compliance

The development must be carried out in accordance with the submitted Traffic Control Plan (TCP) required under Condition No. 14.

51. Maintenance of public footpaths

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

52. Fulfilment of BASIX Commitments

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

53. Sydney Water – s73 Certificate

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

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

54. Damage to Council Assets

To protect public property and infrastructure, any damage caused to public 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.

a) Rectification of any public asset shall only be by Application to Hornsby Council with a Subdivision Construction Certificate (SCC). Council’s quoted assessment and compliance fees shall be paid with lodgement of the Application;

b) Prior to the issue of an Occupation Certificate a Compliance Certificate must be obtained from Hornsby Council for satisfactory completion the above works.

55. Preservation of Survey Marks

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

56. Consolidation of Allotments

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

Notes:

· The applicant is recommended to submit the plan of subdivision to consolidate allotments to the NSW Land Registry Services at least 4-6 weeks prior to seeking an occupation certificate.

· For efficiency, the consolidation plan may also be considered by Council for addition of on-site detention, water quality requirements and waste collection easements, etc, prior to registration.

· The consolidation plan must be provided with a primary and alternative Street Number by Hornsby Council in accordance with the Australian Standard and Section 162 Roads Act 1993.

57. Certification of WSUD Facilities

Prior to the issue of an Occupation Certificate a certificate from a Civil Engineer is to be obtained stating that the WSUD facilities have been constructed and will meet the water quality targets as specified in the Hornsby Shire Councils DCP. A copy of the Certification shall be submitted to the Principal Certifying Authority and Hornsby Council prior to consideration of the Occupation Certificate.

58. Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to the Principal Certifying Authority and Hornsby Council for all completed road constructions and assets, public drainage systems, internal driveways, internal drainage and water quality facilities, and on-site detention systems.

59. Creation of Easements

The following matter(s) must be nominated on the plan of subdivision under s88 of the Conveyancing Act 1919;-

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

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

c) Creation of an easement for waste collection in accordance with Council’s prescribed wording.

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

60. Unit Numbering

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

61. Completion of Landscaping

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

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

62. Replacement Tree Requirements

a) All replacement plantings must be species selected from Council’s listing of Indigenous tree species - http://trees.hornsby.nsw.gov.au/species/

b) Location and Size of Plantings

i) All replacement trees must be located in either front or rear setbacks and planted 4 metres or greater from the foundation walls of the approved development;

ii) The pot size of the replacement trees must be a minimum 45 litres;

iii) All replacement trees must be a minimum of 3 metres in height;

iv) All replacement trees must have the potential to reach a mature height greater than 10 metres; and

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

63. Final Certification Project Arborist

a) The AQF 5 Project arborist must submit to the principal certifying authority a certificate that states the following:

i) All the tree protection requirements comply with the tree protection plan;

ii) All completed works have been carried out in compliance with the conditions of consent and approved plans;

iii) Dates and times and reasons for site attendance;

iv) The post development condition of the health for the retained tree number 1;

v) Details necessary work to maintain tree health;

vi) Details of tree protection zone maintenance; and

vii) Tree replacements meet NATSPEC guidelines and the approved landscape plan.

Note: Copies of monitoring documentation may be requested throughout DA process.

64. Waste Management Details

The following waste management requirements must be complied with:

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

Note: Waste and recycling management facilities includes everything required for on-going waste management on the site. For example the bin storage areas, bulky waste storage area, bin collection area, waste collection vehicle access, doors wide enough to fit the bin through, accessibility, bin carting route etc.

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

c) 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.

d) Each unit must be provided with an indoor waste/recycling cupboard for the interim storage of waste with two separate 15-20 litre containers, one each for general waste and recyclable materials.

e) There must be a bulky waste storage area of at least 8 square metres at the ground level near the Copeland Road bin holding area and near the Hull Road bin holding area.

f) The bin storage room at the basement level and the bin storage areas at the ground level must be accessible by persons with a disability while comfortably housing all of the required bins.

g) The motorised bin carting equipment to safely cart the bins around the site must be provided.

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

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

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

Note: Ramps between different levels are acceptable

65. Site Caretaker - Waste Management

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

a) A site caretaker must be employed and be responsible for moving bins where and when necessary, washing bins and maintaining waste storage areas, managing the communal composting area, managing the bulky item storage area, arranging the prompt removal of dumped rubbish, ensuring the recycling bins are free of contamination (which includes but is not limited to garbage, plastic bags, clothing, etc) and ensuring all residents are informed of the use of the waste management system. The site caretaker must be employed for a sufficient number of hours each week to allow all waste management responsibilities to be carried out to a satisfactory standard.

b) Bins must not be permanently stored in the ground level waste collection/bin holding area.

Note: bins are to be placed in the holding area the day before the collection day, then returned to the basement bin storage room promptly after servicing.

66. Provision for National Broadband Network (NBN)

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

67. Boundary Fencing

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

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

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

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

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

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

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

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

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

69. 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.

70. Works as Executed Plan

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

71. Median Crossing

The median crossing in Hannah Street is to be constructed in accordance with the approved detail design plans.

OPERATIONAL CONDITIONS

72. 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).

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

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

g) Visitors including visitors of the villa units off Hull Road must be able to access the visitor parking spaces in the basement car park at all times.

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

74. Landscape Establishment

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

75. 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.

- END OF CONDITIONS –

ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulation 2000, other relevant legislation and Council’s policies and specifications. This information does not form part of the conditions of development consent pursuant to Section 4.17 of the Act.

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

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

Tree and Vegetation Preservation

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

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

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

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

Dial Before You Dig

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

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 SafeWork 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 SafeWork NSW Asbestos and Demolition Team on 8260 5885.

Unit Numbering (Strata Units)

All units are to be numbered consecutively commencing at No1. The strata plan lot No is to coincide with the unit number. Eg Unit 1 = Lot 1.

LPP Report No. LPP38/18

Local Planning Panel

Date of Meeting: 28/11/2018

2 FURTHER REPORT - ALTERATIONS AND ADDITIONS TO A DWELLING HOUSE AND CHANGE OF USE TO A 28 PLACE CHILDCARE CENTRE - 34 MALSBURY ROAD, NORMANHURST

EXECUTIVE SUMMARY

DA No:	DA/526/2017(Lodged on 26 May 2017)
Description:	Alterations and additions to a dwelling house and change of use to a 28 place child care centre
Property:	Lot 2 DP 516775, No. 34 Malsbury Road, Normanhurst
Applicant:	Koter Pty Ltd
Owner:	Y Lu and C Gu
Estimated Value:	$605,000
Ward:	B

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

· On 24 May 2018 the Hornsby Shire Local Planning Panel resolved to defer the matter to enable the Hornsby Local Traffic Committee (LTC) to assess the proposed median island. Further, the panel requested additional information to be submitted including a revised plan of management and details of an existing retailing wall adjoining the northern boundary.

· On 19 October 2018, the Local Traffic Committee resolved to approve the proposed traffic medians and associated parking restrictions at 34 and 44 Malsbury Road, Normanhurst

· 19 submissions and a petition with 23 signatures objecting to the proposal have been received.

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/526/2016 for alterations and additions to a dwelling house and change of use to a 28 place child care centre at Lot 2 DP 516775, No. 34 Malsbury Road, Normanhurst be approved pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979 subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP 38/18

HISTORY OF THE APPLICATION

On 26 May 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 24 May 2018 the Hornsby Shire Local Planning Panel considered Report No. LPP24/18 for alterations and additions to a dwelling house and change of use to a 28 place child care centre and resolved:

The Panel has deferred determination for submission of:

1. A revised plan of management for the operation of the centre which reflects the amended number of children proposed and addresses the management of:

a) Entry and exit of vehicles onto the premises including staff vehicles

b) Delivery and pick up of children to ensure it occurs onsite and not on the street

c) Waste collection and deliveries to ensure they do not conflict with staff arrival times and drop off and pick up of children.

2. The revised plan of management to be referred to Councils Traffic committee for consideration along with the proposed traffic management works within Malsbury Road, road reserve

3. Details of the of the retaining wall adjacent to the northern boundary (No.32 Malsbury Road) and any necessary works required to support the proposed acoustic fencing.

On 31 May 2018, a revised plan of management, waste management report and structural stability report were submitted to Council in order to address the Panel’s concerns.

On 13 June 2018, the amended application was notified to adjoining landowners and existing submitters. A further six submissions were received objecting to the proposal.

On 19 October 2018, LTC report No. 36/2018 was presented to the committee in order to seek approval to install a median island on Malsbury Road. The proposal received 4 written responses from nearby residents and authorities. On 7 November 2018, LTC report No. 36 was adopted by Council.

SITE

The 823.3m² site is located on the western side of Malsbury Road and contains a single storey dwelling house and two outbuildings. Malsbury Road is a regional road which links Normanhurst and Hornsby.

The site is generally regular in shape with a 15.685m frontage to Malsbury Road. The site experiences a 2.5m fall to Waitara Creek located 35m to the north. The existing driveway entry to the site is on the lower, northern side of the site.

The eastern side of Malsbury Road adjoins the Northern Railway line and includes street trees listed as a heritage item of local significance within Schedule 5 of the Hornsby Local Environmental Plan 2013.

The site adjoins low density residential housing to the north, south and west.

The existing dwelling house is Post War brick veneer and tile construction, comprises four bedrooms and includes an attached garage.

The site is located 620m north of Normanhurst Railway Station.

PROPOSAL

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

The internal layout of the childcare centre would include an entry hallway, office and staff room, a total of 5 play areas, cot room, kitchen, disabled and staff water closet, water closet with nappy change facilities and a laundry.

An open car parking area would be provided at the site comprising 7 car parking spaces including one disabled space and a separate pedestrian walkway. Minor earthworks and retaining walls are proposed.

Pedestrian access to the centre would be via a pathway parallel to the southern boundary of the site. Vehicular access would be to Malsbury Road via a 6.2m wide driveway. Landscaping is proposed adjacent to the front and northern side boundary of the carpark. A new 1.8m high front boundary fence and gate would be installed to replace the existing fence.

A median and advanced median island are proposed to be installed in Malsbury Road to restrict vehicles to left turn in and out of the centre only. No stopping signs are proposed on Malsbury Road adjacent to the centre and Nos. 32 and 36 Malsbury Road.

The rear of the site would comprise an indoor/outdoor bathroom and play area as well as two outdoor play areas. A 1.8m high acoustic fence is proposed on the northern and western elevations with a 0.3m high acrylic panel. Screening trees are proposed on the southern and western boundary of the outdoor play area.

One tree would be removed as part of the development. The two outbuildings located at the rear of the yard would be demolished. 1 tree and 16 shrubs are proposed to be planted.

The proposed operating hours of the centre are 7:30am – 6:30pm Monday to Friday (excluding public holidays).

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

· 0-2 years – 4 children

· 2-3 years – 8 children

· 3-5 years – 16 children

No signage is proposed as part of this application.

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 – the Greater Sydney Region Plan and North District Plan

A Metropolis of Three Cities – the Greater Sydney Region Plan 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 key targets such as dwelling numbers, infrastructure planning, liability, sustainability and productivity.

Part 3 of the strategy relates to “Infrastructure and Collaboration” and a key objective is to provide services and infrastructure to meet communities’ changing needs. The strategy anticipates the number of infants aged between 0-4 years are projected to increase by 85,000 between 2016 and 2036 and as a consequence the number of early education and child care facilities will need to increase.

Further, the strategy cites changing demographics will affect the types and distribution of services required in neighbourhoods. The location of the proposed childcare centre would be accessible for nearby residents.

The proposed development would be consistent with A Metropolis of Three Cities, by providing additional services including job creation within a local neighbourhood to support a growing youth population.

The North District Plan provides a 20-year plan to manage growth and achieve the 40-year vision, while enhancing Greater Sydney’s liveability, productivity and sustainability into the future. It is a guide for implementing A Metropolis of Three Cities - the Greater Sydney Region Plan at a District level and is a bridge between regional and local planning.

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.

Over the 20 years to 2036, projections show an expected increase of 6,150 children aged 4 years and under. The identified challenge for Hornsby Shire will be to provide additional child care places for young children. The proposed child care centre could be consistent with the objectives of the strategy by providing 28 additional child care places 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

2.1.3 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire.

The site is located within the immediate vicinity of heritage item No. 598 – Street Trees on Malsbury Road, listed under Schedule 5 of the HLEP. The site is also located within the wider vicinity of two heritage items at No. 40 Malsbury Road (item no. 599) and No. 44 Malsbury Road (item no. 600), a Federation period dwelling and an intact early 20^th century bungalow.

There are no significant trees located within the private garden or on the public verge in front of the subject property. Accordingly, the widened driveway crossing would have no heritage impact.

The existing dwelling house is Post War brick veneer and tile construction with an attached garage at the frontage. It is not listed as a local heritage item or located within a heritage conservation area.

The proposal is not located within the visual catchment of the nearby heritage listed dwellings at No. 40 and 44 Malsbury Road. The proposed alterations and additions to the exterior materials and finishes would have no adverse effect to the heritage items’ visual backdrop or setting.

In summary, the proposed alterations and additions and change of use to a childcare centre would have no heritage impact to the heritage listed items located within the local vicinity and is considered acceptable in regard to Clause 5.10 of the HLEP.

2.1.4 Earthworks

Submissions have been received raising concerns with the soil stability of the site and the potential earthworks involved for the car park and pedestrian access way. Further, submissions received raise concerns over the structural stability of the existing retaining wall adjoining the northern boundary of the site.

In response to concerns regarding pedestrian access, the submitted plans include the pedestrian pathway proposed at RL 151.75 requires cut of approximately 0.5m adjacent to the southern boundary of the site. In response to concerns regarding earthworks for the construction of the car park and driveway, the level of earthworks required would to be less than 1 metre and is considered acceptable subject to recommended conditions of consent requiring compliance with Australian Standards relating to the construction of driveways, parking areas and tree protection. Further, conditions are recommended that any future retaining walls be designed and certified by a qualified engineer.

In response to concerns over the existing retaining wall, a structural stability report was submitted prepared by ACOR consultants. The report states the following:

The retaining wall adjacent to the northern boundary consists of timber poles and sleepers and it is structurally stable and in a good condition.

The fence located on top of retaining wall will be replaced by acoustic fence. No necessary works are required to support the proposed acoustic fencing.

In accordance with the advice provided by ACOR consultants, no objections are raised over the structural adequacy of the existing retaining wall on the northern boundary.

Clause 6.2 of the HLEP notes 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.

An assessment is provided below in accordance with Clause 6.2 of the HLEP.

(a) The likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development.

Comment: The proposed earthworks are unlikely to have any detrimental effect on the drainage patterns or soil sta bility in the locality given it would still allow stormwater drainage at an acceptable grade to the existing Council stormwater infrastructure.

(b) The effect of the development on the likely future use or redevelopment of the land.

Comment: The earthworks would not likely restrict future use or redevelopment of the land.

(c) The quality of the fill or the soil to be excavated, or both.

Comment: Minor levels of cut would occur on site. Conditions are recommended that all excavated material removed from the site must be classified by a suitably qualified person and disposed of at an approved waste management facility.

(d) The effect of the development on the existing and likely amenity of adjoining properties.

Comment: The level of earthworks is unlikely to have an effect on the amenity of any adjoining property given it is minor. Existing retaining walls adjacent to other properties have been deemed to be in good condition.

(e) The source of any fill material and the destination of any excavated material.

Comment: Conditions are recommended that all excavated material removed from the site must be classified by a suitably qualified person and disposed of at an approved waste management facility.

(f) The likelihood of disturbing relics.

Comment: Council records do not indicate that any relics are likely to occur on site.

(g) The proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area.

Comment: The site is not located in close proximity to any significant catchment or environmentally sensitive area.

(h) Any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

Comment: Conditions are recommended that sediment and erosion controls be in place prior to the commencement of any works.

In summary, the proposal is considered acceptable in regard to Clause 6.2 of the HLEP.

2.1.5 Flood Planning

Clause 6.3 of the HLEP notes that consent must not be granted to development on land to which this clause applies to unless Council is satisfied that the development is compatible with flood hazard.

Submissions have been received noting that the site is a flood risk given the proximity to Waitara Creek.

In response to this concern, the site is not mapped as flood prone in accordance with Council’s Flooding Study and no further assessment is necessary.

2.2 State Environmental Planning Policy (Infrastructure) 2007

Applications involving more than 2m of excavation within 25m of a rail corridor require referral to Sydney Trains pursuant to State Environmental Planning Policy (Infrastructure) 2007 (ISEPP). As the application proposes less than 2m of excavation, no referral is required to Sydney Trains.

Malsbury Road is a regional road which links Normanhurst and Hornsby. As the road is “unclassified” no referral is required to the Roads and Maritime Services (RMS). Notwithstanding, on 24 July 2017 the application was referred to The RMS and no objections were raised to the development and noted that the proposal is unlikely to have a significant traffic impact on the classified road network.

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

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (Vegetation SEPP) 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 Vegetation SEPP states that a development control plan may make 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.

2.4 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.

A hazardous building materials survey report was submitted with the application prepared by SLR global environmental solutions. The assessment was based on internal and external inspections as well as soil, paint and dust samples. The assessment found that no asbestos materials, lead within paint, PCBs or synthetic material fibres were located on site. Notwithstanding, the assessment identified elevated lead dust levels within the ceiling cavity. While this is noted as low-risk, the report recommends that a competent person carries out 6 monthly inspections to investigate any potential situations that may cause migration of lead dust to occupied areas. Conditions are recommended that the development comply with the recommendations of this report.

A search of Council’s records and aerial photos indicate that the site has a history of residential use.

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.

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

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

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

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

State Environmental Planning Policy (Educational Establishments and Childcare Facilities) 2017 (Education SEPP) commenced on 1 September 2017. The Policy includes a savings provision whereby the Policy does not apply to child care centre development applications made but not determined before commencement of the Policy. This applies to the subject application was it was lodged on 26 May 2017. Notwithstanding, Council must take into consideration the regulatory requirements and the National Quality Framework Assessment Checklist set out in Part 4 of the Child Care Planning Guideline. An assessment on this is provided as follows:

Child Care Planning Guideline 2017 – Part 4
Control	Proposal	Requirement	Compliance
Unencumbered indoor space	4m²per child	3.25m² per child	Yes
Unencumbered outdoor space	7.6m²per child	7m² per child	Yes
Storage - External - Internal	Not indicated 0.23m² per child	0.3m² per child 0.2m² per child	No Yes
On site laundry	Provided on site	Provided on site	Yes
Child toilet facilities	Provided on site	Provided on site	Yes
Administration space	Provided on site	Provided on site	Yes
Nappy change facilities	Provided on site	Provided on site	Yes
Solar Access for outdoor play	30-60% solar access	30-60% solar access	Yes

The proposed centre is considered acceptable in regard to the National Quality Framework Assessment Checklist set out in Part 4 of the Child Care Planning Guideline with the exception of outdoor storage space as it has not been indicated on the architectural plans. Notwithstanding, there would be sufficient space on site to provide 0.3m² (8.4m²) of storage space in addition to the required outdoor play space.

A submission has been received noting that the proposal is within close vicinity of other child care centres. In response to this concern, Clause 25(a) the SEPP states that “the development may be located at any distance from an existing or proposed early childhood education and care facility”. As a consequence, the distance of the child care centre from any existing centre is not a matter for consideration.

2.7 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:

Control	Proposal	Compliance
Consultation Room	Staff room / Sign in table	Yes
Respite Staff Room	Staff room	Yes
Sleeping Room 0-2 yr	Cot Rooms	Yes
Min 3.25m² Indoor Play Space per child	4m²per child	Yes
Min 7.0m² Outdoor Play Space per child	7.6m²per child	Yes
Max 40 places 0-2 year old	4 places	Yes
Laundry	Laundry	Yes
Separate Sink Craft Area	Not included on floor plan	No
Food Preparation Facilities	Kitchen	Yes
Toilets and Washing Facilities	Four bathrooms / separate toilets for children for staff	Yes
Nappy Change Facilities	Nappy Change Room	Yes
Storage Facilities	Storerooms	Yes

As per the above table the proposal would meet NSW Education and Communities regulatory space requirements for the operation of a child care centre with the exception of separate sinks for craft storage areas. Conditions are recommended that the proposal comply with the provisions of Children (Education and Care Services) Supplementary Provisions Regulations 2012.

Submissions have been received that raise concerns with maximum number of children, the indoor and outdoor storage, indoor and outdoor play space and the proposed laundry and nappy change facilities.

In response to these submissions amended plans have been received that comply with the required indoor and outdoor play space and reduce the maximum number of children. Additionally, the proposed nappy change facilities would not be located directly next to food preparation areas. Amended plans were submitted to include the provision of indoor storage.

Conditions are recommended that the kitchen comply 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.

A covered indoor/outdoor play space is proposed on the south-western corner of the site with coverage of approximately 21m². 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 an Occupation Certificate.

The application would require a total of 4 staff members and is consistent with the ‘Staff to Child Ratio’ requirements within the Regulation.

In summary, the proposal is considered satisfactory subject to conditions requiring compliance with the provisions of Children (Education and Care Services) Supplementary Provisions Regulations 2012.

2.8 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.

2.9 Hornsby Development Control Plan 2013

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

Hornsby Development Control Plan 2013
Control	Proposal	Requirement	Compliance
Site Area	823.3m²	N/A	N/A
Floor Area	235m²	380m²	Yes
Site Coverage	28.5%	50%	Yes
Height	3.95m -1 storey	8.5m - 2 storey	Yes
Number of Children	28	30	Yes
Recreation Space - Indoor - Outdoor	4m²per child 7.6m²per child	3.25m² per child 7m² per child	Yes Yes
Landscaping	31.7% (261m²)	30% (247m²)	Yes
Car Parking (@ 1/ 4 children)	7 spaces	7 spaces	Yes
Setbacks (To buildings) - Front (east-Denison Street) - Side (north) - Side (south) - Rear (west)	16m (existing) 2m (existing) 940mm (existing) 3.2m	6m 0.9m 0.9m 3m	Yes Yes Yes Yes

As detailed in the above table, the proposed development complies with the above prescriptive requirements within the HDCP. Matters of non-compliances are detailed below, as well as a brief discussion on compliance with relevant desired outcomes.

2.9.1 Site Requirements

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 the Hornsby Shire.

Submissions have been received objecting to the location of the child care centre within a residential zone and located on Malsbury Road.

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 battle-axe 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 identified as 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.

2.9.2 Scale

Table 7.1.2(a) of the HDCP notes that scale controls for child care centres located within the R2 – Low Density Zone should be consistent with Part 3.1 relating to dwelling houses.

The development would comply with the requirements of Part 3.1 in the HDCP regarding height, roof design, site coverage and floor area and is compatible with a low-density residential area.

2.9.3 Setbacks

Submissions have been received raising concerns about the setbacks of the proposed child care centre to adjacent residential development. In response to this concern, amended plans have been received increasing the front setback, carpark setback and the rear setback to comply with the HDCP.

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. Section 7.1.4 of the HDCP requires in residential areas, that 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 2m minimum landscaped setback from all property boundaries.

An assessment in accordance with these controls is provided below:

Front boundary

The HDCP requires a 6m setback from the front boundary for buildings. The existing dwelling house currently has a front setback of 16m and complies with this requirement.

The proposal would incorporate 7 car parking spaces to the front and side of the dwelling house with a minimum front setback of 4m. There is an existing 1.8m high Colorbond fence along the front boundary which is to be replaced with a similar fence. The proposed open carpark would not be visible from Malsbury Road. In addition, landscaping planting is proposed adjacent to the front of the car park to reduce its visual impact.

The proposal complies with the requirements of the HDCP in this regard.

Side boundaries

The HDCP requires a 900mm setback for buildings. The dwelling house is currently 2m from the northern boundary and 940mm from the southern side boundary and complies with this requirement.

A submission has been received noting that the car parking would not comply with side boundary setbacks. The car park would have a minimum setback of 380mm from the northern boundary and 1.2m from the southern boundary. The minimum setback of 380mm from the northern boundary is required in order for vehicles to turn on site and leave in a forward direction and is therefore required for safety.

Car parking space P3 would not comply with the 2m side setback, for its 5.4m length. Notwithstanding, landscaping is provided adjacent to the northern side boundary for the entire length of the driveway and a 1.8m high acoustic fence would be required to extend along the northern side boundary adjoining the car parking space.

Landscaping planting is not provided adjacent to the southern boundary of the site in order to provide a separate pedestrian entrance to the centre which is considered acceptable on safety grounds subject to a 1.8m high boundary fence being installed.

Subject to the provision of fencing and landscape planting in accordance with the submitted landscape plan, the proposal would meet the objectives of the HDCP.

Rear boundary

The HDCP requires a 3m setback from the rear boundary for buildings. The amended proposal would have a rear setback of 3.2m and complies with this requirement.

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

2.9.4 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 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.

2.9.5 Privacy and Security

A submission has been received raising concerns that the centre would reduce the level of privacy of adjoining properties. The northern, southern and western boundaries of the site adjoin residential properties.

Given the proposed centre would be single storey and would include screen planting and acoustic fencing surrounding outdoor play areas, no privacy or security issues are anticipated. In addition, fencing is recommended to be extended along the side boundaries to screen the car parking area to minimise privacy and amenity impacts.

2.9.6 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.

2.9.7 Noise and Vibrations

Submissions have been received objecting to the proposal based on potential noise emissions of the outdoor play area on adjacent residential development.

In accordance with the provision of Part 1C.2.5 of the HDCP, the applicant has submitted an acoustic assessment prepared by BGMA Pty Ltd detailing measures to minimise noise. Two amended reports were submitted dated 29/08/2017 and 29/01/2018 respectively. The updated report includes further details relating to external noise intrusion into the centre and noise mitigation strategies.

Council’s noise assessment is as follows:

Outdoor Play Area

The acoustic assessment adopted noise limit for the adjacent development to be 46 dB(A) based on the location of adjacent residential development and an intrusive noise limit of background levels + 5 dB(A) (43 (background)+5) or 48 dB (A).

The acoustic advice submitted notes that the development would comply with the 46 dB(A) limit for adjacent properties subject to either 1.8m high acoustic fencing and two different outdoor play sessions for the pre-school children or a 1.8m high acoustic fence plus a 300mm acrylic panel. The report recommends acoustic fencing comprising of close fitted Colorbond, masonry, or sealed lapped and capped paling fence.

The applicant has advised that they wish to install a 300mm acrylic panel on the acoustic fencing instead of splitting the pre-school children. No objections are raised in this regard as it is a permanent solution to limit noise. The 300mm acrylic panel is not considered to be a detriment to the amenity of neighbouring properties given the proposed and existing landscaping on the subject and adjoining sites.

Based on the assumptions contained within the acoustic assessment, no objections are raised to external noise from the outdoor play area subject to conditions requiring a certificate be obtained prior to occupation stating that the acoustic reports recommendation are met.

Car Park

The assessment anticipates ‘free-field’ noise levels from the car park to likely reach 30 dB(A) to No. 32 Malsbury Road and 41 dB(A) to No. 36 Malsbury Road. This level is considered acceptable given the existing noise levels from passing traffic on Malsbury Road have been measured to be 53 and 55 dB (A) to the side facades of each adjacent premises. A condition of consent is recommended to require a 1.8 metre high acoustic fence to be installed along the side boundaries to screen the car parking area to minimise amenity impacts.

External Noise Intrusion

The assessment recommends that external noise intrusion into the child care centre from vehicle traffic and the adjacent train line is considered acceptable.

Summary

The development would comply with set noise criteria and subject to acoustic treatment is considered satisfactory. The following conditions are recommended:

· 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.

· The centre be managed in accordance with the recommendations of the acoustic assessment requiring split play groups and acoustic treatment.

· All plant and machinery must not exceed background noise + 5 dB(A).

2.9.8 Heritage

As discussed in Section 2.1.3 of this report, the proposed alterations and additions and change of use to a childcare centre would have no heritage impact to the heritage listed items located within the local vicinity. As a consequence, no objections are raised on heritage grounds.

2.9.9 Waste Management

Objections have been received raising concerns about garbage collection, in particular the time taken for kerbside waste collection.

The amended application includes details of private waste collection from “Waste Wise Environmental” dated 30 May 2018. It is proposed that a mini rear loader will service the centre on weekends only. The application includes a swept path diagram displaying the vehicle manoeuvring on site. The applicant has provided the following details regarding private waste collection:

· Waste Wise Environmental will service this site strictly between 8am to 8pm, Saturday and Sunday.

· Waste and Recycling bins will not be serviced on the street.

· Our vehicle has a turning circle of 13 metres kerb to kerb.

· The Waste Wise Mini Rearloader can service any Mobile Garbage Bin from 120 Litre to 1100 Litres.

All Waste Wise vehicles are fitted with:

· 4 flashing “Hazard Working Lights”

· “Reverse warning Beeper”

· reverse camera to the driver’s cabin

· Emergency Stop buttons on either side of the hopper

Further, the amended Plan of Management includes the following regarding waste collection:

Waste Minimisation and Management/Catering Service

All food to be consumed by the children within the centre will be prepared on site. Given menus are carefully planned, there is minimal food waste apart from food not eaten. Most food waste is recycled as compost used in the gardens. This will also be a part of children’s learning and understanding to sort and store waste products to minimise disposal.

The centre will use recyclable materials such as paper, plastic etc for the use of children’s creative/cognitive activities. Each play space will have its own storage for re-usable material. This is our way of providing on-going management for waste handling and minimisation in the premise by making it part of the daily life of the centre. Further, this process helps towards promoting and minimising waste and fostering the principles of ecologically sustainable development (ESD) involving the community.

The centre will employ a private waste collection company (Waste Wise Environmental Pty Ltd) to collect waste on the weekend, to avoid families and teachers using the parking spaces during weekdays. A letter from Waste Wise Environmental has been provided to the council acknowledging that they are aware of the centre’s need to have wastes collected on the weekend.

No objections are raised to private waste collection subject to conditions requiring the waste be collected on weekends only in order to avoid pedestrian/vehicle conflict. Further, conditions are recommended that limit waste collected to no later than 6pm as it is considered more appropriate on amenity grounds.

The applicant has also submitted an “Environmental Site Management Plan & 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.

Subject to conditions, the application is considered acceptable in regard to the waste requirements of the HDCP.

2.9.10 Signage

The applicant has advised that no signage is proposed as part of this application.

2.9.11 Section 7.11 Contributions Plans

Hornsby Shire Council Section 94A Contributions Plan 2014 – 2024 applies to the development as the estimated costs of works is greater than $100,000. Should the application be approved, a Section 7.12A contribution would be payable in accordance with the Plan.

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.

Objections received note that existing vegetation has been removed from the front yard and that the existing Chinese tallow tree in the rear yard is not suitable for a child care centre as it drops seeds.

Regarding the tree removed from the front yard, Council notes that it was a liquidambar. Based on aerial photography, the tree was removed between 12 March 2017 and 18 July 2017. Council notes that liquidambar trees were not protected trees under the HDCP at that time and thus no consent was required for its removal.

Regarding the Chinese tallow tree within the rear yard, Council concurs with the submission and raises objections to its retention given it could be a potential hazard for children. Section 4.10, Regulation 113 of the Childcare Planning Guideline 2017 states: Shrubs and trees selected for the play space must be safe for children. Avoid plant species that risk the health, safety and welfare of the facility’s occupants. Therefore, the trees removal and replacement by two locally occurring trees is recommended.

Tree Preservation

An arboricultural impact assessment (AIA) prepared by Ezigrow was submitted with the application. The submitted arborist report notes all trees on adjacent sites can be retained with appropriate tree protection. Notwithstanding, Council’s tree assessment is as follows:

Council’s Tree Management Group undertook a site inspection in May 2018 and with the permission of residents accessed trees on adjacent sites. A more comprehensive tree location plan was then provided and the trees were measured. The revised tree location plan has been included as a supporting document in this report.

Council notes that trees No. 3, 4 and 9 on the neighbouring property at No. 32 Malsbury Road have the potential to be damaged by the construction of the new car parking area. It is therefore recommended that construction within the tree protection zones (TPZ) of these trees be undertaken utilising tree sensitive methods under the supervision of a project arborist such as pier and beam construction or screw piling for footings with cantilevered or suspended slabs

No trees are likely to be affected on the neighbouring site No. 36 Malsbury Road. No vegetation from neighbouring properties overhangs the subject site which likely to be an impediment to access or construction.

Conditions are also recommended that all services which enter the TPZ of any trees be undertaken by tree sensitive construction techniques such as directional drilling or manual excavation.

In summary, the proposal is considered acceptable in regard to tree preservation subject to conditions.

Tree and Vegetation Planting

The submitted landscape plan by Serenscapes proposes the following tree and vegetation planting as part of the development:

· Northern boundary of carpark: Up to 41 x red Fountain grass shrubs (mature height 1m);

· Front boundary of carpark: 6 x red fountain grass shrubs (mature height 1m), 8 x white correa (mature height 1.5m), 5 x emerald lustre (mature height 4m), 4 x cut-leaf daisy plants (mature height 0.4m), 1 x Blueberry ash (mature height 8m) and 21 x mingo plants (mature height 0.2m);

· Southern boundary adjacent to the existing dwelling house: 23 x Gardenias (mature height 2m);

· Southern and western adjacent to the play area; 29 x Setsugekka Camellias (mature height 3m), 17 x mingo plants (mature height 0.2m) and 4 x purple coral pea plants (mature height 0.2m).

No objections are raised to the planting of the trees listed within the Landscape Plan subject to two additional trees to offset the removal of tree No. 1. The replacement trees should comprise locally indigenous trees. Conditions are recommended in this regard.

Overall Council considers that the replacement vegetation sufficiently offsets the removal of any vegetation on site and would provide appropriate screening for adjacent properties.

3.1.2 Landscaping

Submissions have been received raising concerns that the site would not contain sufficient landscaped area and that the existing boundary fences are not suitable. 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 proposal includes vegetation surrounding the development as detailed in Part 3.1.1 of this report.

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: Amended plans include 31.7% of landscaped area and comply with this requirement.

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: The submitted landscape includes screen planting surrounding the southern and western boundary of the outdoor play space.

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 dwelling house.

Car parking spaces would have a minimum front boundary setback of 4m which is considered acceptable. Car parking spaces would have a southern setback of 1.2m and a northern side setback of 380mm and would not comply with this requirement.

Regarding the southern setback, it is noted that increasing the setback to 2m would result in reduced safety as it would limit the ability of vehicles to turn and exit the site in a forward direction. Additionally, the submitted acoustic report indicates acceptable noise levels for the southern adjacent dwelling.

Regarding the northern setback, compliance with the 2m control would result in the deletion of a car space. Further, as the space is dedicated as a staff parking and therefore is unlikely to have multiple vehicle moments per day.

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 1.8m high front boundary fence. No objections are raised the front boundary fence as the existing is currently at 1.8m which is typical on Malsbury Road.

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.

3.2 Built Environment

3.2.1 Car Parking And Safety

In response to concerns raised by the Hornsby Local Planning Panel in May 2018, a revised plan of management was submitted noting the following:

Entry and Exit of Vehicles

It is proposed to restrict right turn ingress/egress movement out of site by constructing a section of central Median Island to supplement the existing barrier centre line. All vehicles will enter and leave site in a forwarding direction which is demonstrated in the submitted swept path.

Parking Arrangements

The centre is located 7 minutes walking distance to Normanhurst Railway Station. Parents and staff will be encouraged to walk and use public transport. There will be 4 parking spaces on site for parents to use only for pick up and drop off of children. To avoid any families arriving at the same time, the centre will provide families with a table of designated drop off and pick up time slots at the point of registration.

This is only one scenario out of many, as some families might choose to use the train or walk to centre from nearby areas. According to the recent RMS study outlined in the submitted traffic report, (TTPA, 2017, Assessment of Traffic and Parking Implications, p 8-9) for a centre with 30 children, traffic generation outcome during the AM peak traffic is 20vtph (vehicle trips per hour) and PM peak traffic is 12vtph.

Parents will be requested to park onsite during their designated time slots and be informed that pick up and drop off of children along Malsbury Road is not permitted. This will be a condition of enrolment of children at the centre. Regular monitoring of parking by staff will occur during peak hours and if parents violate the above parking condition, their child’s enrolment could become terminated. Furthermore, there will be three parking spaces provided for staff usage. The centre will likely be providing the car spaces for full time staff but will take into consideration of which teachers need the space the most. In cases of more than three teachers needing parking at the same time, the centre will allocate days to teachers that work the longest shift hours. In cases of part time and casual teachers, they will be made aware of the parking situations and will be encouraged to use public transport or find parking on nearby streets.

Submissions have been received that raise concerns with the number of car parking spaces, lack of on street parking, turning circles, vehicle and pedestrian safety.

In response to these concerns, Council engaged an independent traffic consultant, the Transport Planning Partnership to review the application. The review and comments are summarised as follows:

Layout

Drop off spaces should be amended to 2.6m wide in accordance with User Class 3 in section 2.4 of AS 2890.1:2004 Parking facilities- Off-street parking.

Comment: Amended plans indicate P5-7 would be drop-off spaces and have a width of 2.6m in compliance with the Australian Standard. Smaller spaces are marked as staff parking.

The swept paths show that entry into spaces P1 and P3 require the use of the drop off spaces to complete the turn. A condition should be imposed to require a management plan which shows how car spaces will be left clear to allow vehicles to enter and leave the site in a forward gear.

Comment: P1 and P3 are dedicated staff car parking spaces and would be occupied before the drop-off spaces are filled. A condition is recommended that car parking signage be provided noting rear to kerb only.

Access

The footpath connection seems as if it would be at a higher level than the car park but on the layout plan, the footpaths seem at the same level as the car park.

Comment: Amended plans indicate the footpath would be at a slightly higher level than the car parking spaces. No objections are raised in this regard subject to a recommended condition requiring all retaining walls be constructed as part of the development. The proposed median island would not impact the manoeuvring of the truck on-site.

Sight Distance

Adequate sight distance is provided in this instance as long as garbage trucks don’t enter the site in which case the sight distance would be substandard.

Comment: A small private garage truck is proposed to enter the site. Sight distances would not be an issue given the proposal would include the provision of a median island to prevent right turn in and out.

Provision of a Median Island

Sight distance to the right for vehicles leaving the site is adequate so a median to prevent the right turn is in my view unnecessary. I have also run a traffic model with the estimated traffic flows and a right turning vehicle could comfortably find gaps in the traffic to undertake a right turn either in or out of the site with no queues resulting on either Malsbury Road or on the site access.

However concern is raised regarding the existing sight stopping distance on Malsbury Road. The existing alignment of Malsbury Road is such that vehicles travelling north along Malsbury Road do experience a blind spot.

As such the stopping sight distance to the car turning right into child care might not be available, and cars travelling northbound may not see this car on the approach to the driveway and may not be able to stop to avoid a collision with the right turning car.

Therefore there is a sufficient reason to require a median island to be provided to prevent the right turn in. Whilst I have noted that the provision of a median island is a safety hazard itself, it is understood that council has confirmed that the legibility of the median can be solved with advance medians provided where there is sufficient sight distance. The advance medians can be located between driveways so access to other properties are not affected.

A condition should therefore be imposed that the applicant to come up with detailed median/advanced median design based on topographic survey of road for (Local Traffic Committee) LTC consideration.

Comment: The applicant has submitted a median island, advanced median design, “no stopping” signs and a topographic survey. On 19 October 2018, LTC report No. 36/2018 was presented to the committee in order to seek approval to install a median island on Malsbury Road. On 7 November 2018, LTC report No. 36 was adopted by Council.

In addition to the independent assessment detailed above, the applicant has submitted an assessment prepared by Transport and Traffic Planning Associates. Council’s Traffic assessment is provided below with consideration to the revised plan of management.

Car Parking

The applicants parking report notes that the 7 car parking spaces 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.

Council raises no objections on parking grounds subject to conditions requiring compliance with the applicable Australian Standards.

Vehicle Access

The application proposes to limit the development to left-turn in and left-turn exit in order to increase vehicle safety by constructing a median island outside the subject site on Malsbury Road. It is noted that approval for the construction of the medium island was approved on 7 November 2018 by the Hornsby Local Traffic Committee.

On Street Parking

The potential pickup/drop off operations on Malsbury Road for the proposed child care centre may cause issues for vehicles entering the site. Council’s traffic assessment therefore recommends the installation of “No Stopping, 7am – 9am, 3pm – 7pm, Mon – Fri” signs between the driveways of No.32-36 Malsbury Road to allow vehicles to queue and turn left into the site without disrupting the traffic flow on Malsbury Road.

Pedestrian Safety

The application includes separate pedestrian access to the site. No objections are raised in this regard.

Traffic Generation

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 17 vehicles in the AM peak and 15 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.

In summary, Council’s internal traffic and parking assessment, the applicants submitted traffic report and the independent traffic and parking report support the proposal.

3.2.2 Stormwater Management

The application includes a stormwater management plan prepared by GNG. The plan recommends an on-site detention system be installed and all stormwater from the centre and driveway be drained to Council’s street drainage system in Malsbury Road.

Subject to recommended conditions including that the drainage system be designed by a qualified hydraulic engineer to meet Councils standards, the proposed stormwater drainage system is considered acceptable.

3.3 Built Environment

3.3.1 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 include 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 Malsbury Road.

3.3.2 Building Works

Objections have been raised that the development would not comply with the Building Code of Australia (BCA) and fire safety.

In response to this concern, conditions are recommended that require the development to comply with the BCA prior to the issue of an Occupation Certificate.

3.4 Social Impacts

The amended application proposes a 28 place child care centre. 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 850,000 childcare places by 2036.

3.5 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 June 2017 and 29 June 2017 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received 13 submissions and a petition with 23 signatures.

An amended proposal was placed on public exhibition and was notified to adjoining and nearby landowners, as well as objectors between 13 June 2018 and 29 June 2018. During this period, Council received 6 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.

da5262017

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

19 submissions and a petition with 23 signatures submissions objected to the development, generally on the grounds that the development would result in:

· Unacceptable traffic on local streets;

· Unacceptable parking;

· Unacceptable road safety;

· Unacceptable noise from activities at the centre;

· Too many children;

· Location of child care not appropriate;

· Pedestrian Safety;

· Privacy;

· Landscaping;

· Outdoor play space;

· Tree removal;

· Flooding;

· Geology and earthworks;

· Waste collection;

· Fencing;

· Setbacks;

· Building Code of Australia compliance; and

· Disability access.

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 Magpie Habitat

A submission has been received noting that native magpies reside within the direct locality and could be impacted by the development.

The development would require the removal of 3 small non-native trees that would not impact on the habitat of native bird species.

5.1.2 Child Safety (falling off fence and nearby creek)

A submission has been received noting that children may be unsafe if they access Waitara Creek to the south and if they fall from boundary fences.

The proposed boundary fences surrounding the outdoor play areas would be 1.8m in height and not considered a climbing hazard.

5.1.3 Hours of operation

A submission has been received noting that the proposed hours of operation are excessive.

The proposed operating hours of the centre are 7:30am – 6:30pm Monday to Friday (excluding public holidays).

These hours are considered acceptable with reference to residential noise restrictions prescribed within the Protection of the Environment (Noise Control) Regulation 2008 and consistent with other centres. Further, the Child Care Planning Guideline 2017, notes that hours of operation within residential areas should be limited to 7:00am to 7:00pm.

6. THE PUBLIC INTEREST

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

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

CONCLUSION AND STATEMENT OF REASONS

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

A total of 19 submissions and a petition with 23 signatures were received objecting to the proposal generally on grounds of traffic, parking, safety, noise, privacy and landscaping.

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 generally complies with the requirements of the relevant environmental planning instruments and the Hornsby Development Control Plan.

· The proposal is considered acceptable in regard to traffic safety with approval from the Local Traffic Committee for a road median and no stopping signs.

· The proposed development would provide a positive social contribution to the local community by providing additional child care facilities which is consistent with the objectives of the State Governments “A Metropolis of Three Cities – the Greater Sydney Region Plan” and “North District Plan”.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is Stephen Dobbs 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/ Park and Play
3.	Elevation Plans
4.	Landscape Plans
5.	Civil Works Plan
6.	Structural Stability Report
7.	Tree Management Plan
8.	Plan of Management
9.	Acoustic Assessment
10.	Local Traffic Report

File Reference: DA/526/2017

Document Number: D07554614

SCHEDULE 1

GENERAL CONDITIONS

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

1. Approved Plans and Supporting Documentation

*Plan No.*	*Plan Title*	*Drawn by*	*Dated*
260/110E	Play & Park Plan	DCBF	03/05/2018
260/105A	Proposed North Elevation	DCBF	27/04/2018
260/106A	Proposed South Elevation	DCBF	27/04/2018
260/107	Proposed East Elevation	DCBF	31/03/2017
260/108	Proposed West Elevation	DCBF	31/03/2017
17271/L-01-L-05 - D	Landscape Plans	Serenescapes	03/05/2018
20150266/C201/F	External Civil Works	DCBF	07/08/2018
EZ12 - TM901	Tree Management Plan	Ezigrow	12/07/2017

Supporting Documents

*Document Title*	*Prepared by*	*Dated*
Stormwater Management Plan A1/17.G03-SMP	GNG	20/02/2017
Plan of Management	Yilu Lu	06/2018
Environmental Site Management Plan & Waste Management Plan 260/112	DCBF	31/03/2017
Acoustic Assessment BGMA 170319 A	BGMA Pty Ltd	05/2017
Acoustic Assessment BGMA 170319 A	BGMA Pty Ltd	29/08/2017
Acoustic Assessment BGMA 170319 A	BGMA Pty Ltd	29/01/2018
Air Quality Assessment 18.1035.L1V1	Northstar Air Quality	23/01/2018
Hazardous Building Materials Survey Report 610.17865.00000-R01-ASR	SLR	29/01/2017
Waste Management Process	Waste Wise Environmental	05/0/2018
Arboricultural Impact Appraisal and Method Statement	Ezigrow	13/07/2017

2. Section 7.12 Development Contributions

a) In accordance with Section 4.17(1) of the Environmental Planning and Assessment Act 1979 and the Hornsby Shire Council Section 94A Development Contributions Plan 2014-2024, $6,050.00 must be paid to Council to cater for the increased demand for community infrastructure resulting from the development, based on development costs of $605,000.

b) The value of this contribution is current as at 30 April 2018. If this contribution is not paid within the financial quarter that this condition was generated, the contribution payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 94 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$C_{PY =}$C_DC x CPI_PY

CPI_DC

Where:

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

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

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

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

a) c) The monetary contributions must be paid to Council:

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

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

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

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

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

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

3. 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.

4. Removal of Existing Trees

a) This development consent permits the removal of tree numbered 1, identified in the approved Tree Location, prepared by Ezigrow, referenced TM901 dated 18/05/2018 (D07448776).

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).

5. Tree Pruning

This development consent only does not permit the pruning of any trees.

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

6. Driveways/building footings

a) The driveway within the tree protection zones of trees 3, 4 and 9 must be constructed using tree sensitive techniques such as pier and beam construction or screw piling for footings with cantilevered or suspended slabs.

b) The driveway must be engineered to have flexibility in the location of piers or screw piles.

c) Design flexibility must be clearly demonstrated in the engineering details showing the dimensions and location of footings and the construction techniques for the driveway.

d) All piers or screw pilings must be located outside the Structural Root Zone of the trees to be retained, at a distance greater than 200mm from any tree root with a diameter greater than 40mm.

e) Beams or suspended slabs are to be placed so that the base of the beam or slab is 100mm above the existing soil level.

f) No additional material such as soil, sand or gravel is to be placed within the Tree Protection Zones of trees numbered 3, 4 and 9.

g) The driveway within the tree protection zones of trees 3, 4 and 9 must be constructed with excavation limited to 50mm of the surface material.

h) The use of load bearing material which requires minimal compaction must be used as the bedding/subgrade material.

i) The driveway construction within the tree protection zones of trees 3, 4 and 9 must indicate the use of geotextile material or similar to minimise concrete leaching into the soil profile.

7. 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.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

8. Noise – Rail Corridor

The development must be carried out in accordance with the recommendations contained within the acoustic report submitted with the development application, prepared by BGMA, referenced 170319 A and dated 29/01/2018 and the requirements of the Department of Planning’s Development Near Rail Corridors and Busy Roads – Interim Guideline and RailCorp’s Interim Guidelines for Applicants.

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

9. Identification of Survey Marks

10. Building Code of Australia

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

11. Sydney Water – Approval

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

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

12. Children (Education and Care Services) Supplementary Provisions Regulation 2004

Documentation prepared by a registered architect is to be submitted with the Construction Certificate to certify that the proposed development is in accordance with the requirements of the Children and Young Persons (Care & Protection) Act 1998 and the Children’s Services Regulation 2012.

13. Retaining Walls

All required retaining walls must be designed and constructed by a suitably qualified engineer.

14. Stormwater Drainage

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

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

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

15. On Site Stormwater Detention

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

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

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

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

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

16. Internal Driveway/Car Parking

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

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

b) The driveway be a rigid pavement.

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

d) 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.

e) A vehicle safety barrier be installed adjoining the northern side of car parking space P3.

17. 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. The vehicular crossing must be constructed in accordance with Council’s Civil Works Design 2005 and the following requirements:

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

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

c) The footway area must be restored by turfing;

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

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

18. 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.

19. Construction Management Plan (CMP)

To assist in the protection of the public, the environment and Council’s assets, a Construction Management Plan must be prepared by a suitably qualified environmental consultant in consultation with a qualified traffic engineer, and 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 must 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; and

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

c) The plan must also include Construction Waste Management information detailing the following:

i) Details of 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.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

20. 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.

21. 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.

22. Toilet Facilities

b) Each toilet must:

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

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

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

23. Sediment and Sediment Control

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

24. 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”.

25. Tree Protection Certification

REQUIREMENTS DURING CONSTRUCTION

26. Construction Traffic Management Plan Compliance

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

27. 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.

28. Demolition

To protect the surrounding environment, all demolition work must be carried out in accordance with Australian Standard AS2601-2001 – The Demolition of Structures and the following requirements:

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

29. 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.

30. Council Property

31. 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.

32. Landfill

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

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

33. 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.

34. 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.

35. Works Near Trees

a) No consent is granted for any works within the Structural Root Zone of any trees retained on or near the subject site.

b) To maintain tree health and condition, the appointed project arborist must monitor and record any and all necessary remedial actions required for trees numbered 3, 4 and 9 on the approved plans.

36. Maintaining Tree protections zones

The Tree Protection Zone must be maintained in accordance with section 4.6 requirements of Australian Standard AS 4970-2009 - “Protection of Trees on Development Sites”

37. Works within Tree Protection Zones

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

Driveway/concrete slabs (no-strip footing)

b) To minimise soil compaction within the Tree Protection Zone of the trees to be retained numbered 3, 4 and 9 on the approved plans, the replacement driveway must be built above grade using sensitive construction techniques such as piers or screw pilings consistent with the relevant requirements of Australian Standard AS 4970-2009 “Protection of Trees on Development Sites”.

c) To minimise soil compaction within the Tree Protection Zone of trees to be retained numbered 3, 4 and 9 on the approved plans, all imported material in the vicinity of the replacement driveway must be distributed by hand.

Excavation

d) Any and all necessary excavations within the Tree Protection Zone of trees to be retained numbered 3, 4 and 9 on the approved plans, must be undertaken using construction techniques as prescribed in the Australian Standard AS 4970-2009 – “Protection of Trees on Development Sites” Section 4.5.5.

Changing of Grade

e) All grades within the Tree Protection Zone of trees numbered 3, 4 and 9 on the approved plans, must remain unaltered. OR Grade Changes are permissible outside the Structural Root Zone in the form of fill. All fill used must consistent with Australian Standards “Soils for Landscaping and Garden Use” AS4419-2003.

Installing Services

f) To minimise the environmental impacts of the development within the Tree Protection Zone (TPZ) of trees to be retained, numbered 3, 4 and 9 on the approved plans:

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

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

iii) For manual excavation of trenches the project arborist must advise on roots to be retained and must monitor the works. Manual excavation may include the use of pneumatic and hydraulic tools. Refer Clause 4.5.3.

38. 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.

39. Works near trees certification

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

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

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

40. Waste Management Details

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

41. 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.

42. Landscaping Requirements

a) Tree 1 identified in the Tree Management Plan, prepared by Ezigrow, referenced TM901 dated 12/07/2017 must be removed.

b) Tree 1 must be replaced by two trees in addition to the planting proposed in the approved landscape plan prepared by Serenescapes.

c) All replacement plantings must be species selected from the Council’s Indigenous species listing located in the Hornsby Shire DCP 2013; Tree Preservation Measures 1B.6 Table 1B.6(b) such as Turpentine (Syncarpia glomulifera), Forest Oak (Allocasuarina torulosa) or Rough Barked Apple Gum (Angophora floribunda). Mid storey species include Native Daphne (Pittosporum undulatum) and Rice Flower (Ozothamnus diosmifolius).

d) Location and Size of Plantings

i) All replacement trees must be located in front or rear setbacks and planted 4 metres or greater from the foundation walls of the approved development.

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

iii) All replacement trees must be a minimum of 3 metres in height with calliper consistent with those prescribed in the NATSPEC guidelines.

iv) At least one replacement tree must have the potential to reach a mature height greater than fifteen metres.

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

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

e) 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 approved landscape plan and the above requirements.

43. 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.

Note: Copies of monitoring documentation may be required.

44. External Lighting

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

45. Retaining Walls

All required retaining walls must be constructed as part of the development and certification must be provided from a qualified engineer stating that they are structurally sound.

46. Works as Executed Plan

47. Preservation of Survey Marks

48. 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.

49. 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.

50. 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.

51. Waste Management Details

The following waste management requirements must be complied with:

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

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

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

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

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

b) 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

52. 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.

53. Acoustic Treatment and Certification

a) Acoustic treatment including boundary fencing must be provided to the proposed development in accordance with the recommendations contained within Acoustic Assessment Amendment prepared by BGMA Pty Ltd and dated 28 November 2017.

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 treatments including boundary fences have been completed in accordance with the recommendations contained within the approved Acoustic Assessments prepared by BGMA Pty Ltd.

54. Fencing

a) In addition to the fencing required by condition 53, 1.8 metre high acoustic fences must be installed along the northern and southern side boundaries adjoining the carpark.

b) Where the fence is installed within the tree protection zone of trees on adjoining sites the fence must be installed using tree sensitive techniques under the supervision of the project arborist.

OPERATIONAL CONDITIONS

55. 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 – 4 children

ii) 2-3 years – 8 children

iii) 3-5 years – 16 children

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

i) Monday to Friday – 7:30am to 6:30 pm

d) Waste collection must occur between 8am and 6pm Saturday to Sunday on site.

56. Child Care Centre Management – Noise

All noise generated by the 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).

57. Hazardous Materials Report

The centre must be managed in accordance with the recommendations of the Hazardous Materials Report prepared by SLR dated 29/01/2017 and the following requirements:

a) A competent person carries out regular inspections (6 monthly) to investigate any potential situations that may cause migration of lead dust from the ceiling or wall cavities to occupied areas.

b) Access must be restricted to ceiling space where elevated levels of lead in dust are likely to occur. The ceiling manhole must be labelled to indicate the presence of lead in the ceiling dust.

c) Any persons wishing to access ceiling cavities containing elevated levels of dust are to undertake a suitable and sufficient Risk Assessment prior to doing so, the results of which may include the use of appropriate Personal Protective Equipment (PPE) such as disposable coveralls and respiratory protection.

d) Annual Airborne lead monitoring to ensure that all controls in place are sufficient. Consideration is given to conducting baseline airborne lead monitoring and swab testing occupied areas below the ceiling cavity in the interim.

e) The operators of the childcare centre must keep a register on site with the details of each inspection.

58. Creation of Easements

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

a) The creation of a “Positive Covenant” over the existing lot requiring an on-site detention system. The on-site detention system is to have a storage capacity of 5 cubic metres and a maximum discharge of 8 litres per second into Council’s drainage system in accordance with Council’s prescribed wording.

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

59. 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.

60. Car Parking

All car parking must be 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. P1 and P3 must be marked as rear to kerb only.

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.

61. Fire Safety Statement - Annual

ADVISORY NOTES

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

Tree and Vegetation Preservation

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

Telecommunications Act 1997 (Commonwealth)

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.

Asbestos Warning

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

Alternatively, telephone the SafeWork NSW 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:

1. A hand wash basin and a double bowl sink or

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

Plan No.	Plan Title	Drawn by	Dated
2DUR-51-02-ARCA-C2, Rev 3	Overall site plan	aurecon	03.10.2018
2DUR-51-02-ARCA-C3, Rev 3	Site setout plan	aurecon	03.10.2018
2DUR-51-02-ARCA-C4, Rev 3	Site elevation and details	aurecon	03.10.2018
2DUR-51-02-ARCA-A1, Rev 3	NBN Antenna configuration	aurecon	03.10.2018
2DUR-51-02-ARCA-C5, Rev A	Site earthworks plan	aurecon	31.10.2018

Document Title	Prepared by	Dated
Environmental EME Report	NBN	16.04.2018
Statement of Environmental Effects	James Parket	06.07.2018

DA No:	DA/655/2018 (Lodged on 12 June 2018)
Description:	Construction of a telecommunications facility including associated antennas and equipment within Arcadia Park
Property:	Lot 761 DP 1121447, No.127X Arcadia Road, Arcadia
Applicant:	Aurecon Australasia Pty Ltd
Owner:	Hornsby Shire Council
Estimated Value:	$619,000
Ward:	A

1.	Locality Plan
2.	Site Plan
3.	Sections and Elevations
4.	Earthworks Plan
5.	Consultants Report