Agenda of Local Planning Panel meeting

LPP Report No. LPP11/18

Local Planning Panel

Date of Meeting: 19/12/2018

1 DEVELOPMENT APPLICATION - FIVE STOREY RESIDENTIAL FLAT BUILDING WITH BASEMENT CAR PARKING - 20 AND 22 BELLEVUE STREET, THORNLEIGH

EXECUTIVE SUMMARY

DA No:	DA/1545/2016 (20 December 2016)
Description:	Demolition of existing structures and construction of a five storey residential flat building comprising 17 units with basement car parking
Property:	Lots 17 & 18 Sec 3 DP 1854, Nos. 20 and 22 Bellevue Street, Thornleigh
Applicant:	Skyblue Developments Pty Ltd C/ Design Cubicle Pty Ltd
Owner:	Skyblue Developments Pty Ltd
Estimated Value:	$4,315,294
Ward:	B

· The application involves demolition of existing structures and construction of a five storey residential flat building comprising 17 units with basement car parking.

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

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/1545/2016 for demolition of existing structures and construction of a five storey residential flat building comprising 17 units with basement car parking at Lots 17 & 18 Sec 3 DP 1854, Nos. 20 and 22 Bellevue Street, Thornleigh be approved subject to the conditions of consent detailed in Schedule 1 of LLP Report No. LLP11/18.

BACKGROUND

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

The subject application was lodged with Council on 20 December 2016 for demolition of existing structures and erection of a 5 storey residential flat building and initially comprised 17 units with a basement car park.

Following an initial assessment of the application by Council several requests for additional information were sent to the applicant on 6 February 2017, 26 March 2017 and 17 April 2017, 25 July 2017, 25 September 2017 and 25 October 2017 raising concerns regarding the design of the development, waste management, solar access, privacy, landscaping, materials and finishes, building separation and stormwater management.

On 20 December 2017 and 27 July 2018, Council’s Urban Design Consultant raised concerns regarding the Design Verification Statement, building form and separation, landscaping, privacy, sunlight and ventilation.

Amended plans were received on 23 February 2017, 28 February 2017, 5 July 2017, 23 September 2017, 16 October 2017, 9 February 2018, 30 May 2018 and 25 June 2018 to address the concerns raised by Council.

In July 2018, Council received significant community concerns regarding the proposed demolition of the dwelling house at No. 22 Bellevue Street based on heritage grounds.

On 6 August 2018, a Complying Development Certificate was issued by a private certifier for the demolition of the dwelling house at No. 22 Bellevue Street.

At an extraordinary meeting held on 14 August 2018, Council considered Mayoral Minute No. MM20/18 and Late Item Memo No. LM12/18 regarding the proposed demolition of the dwelling house at No. 22 Bellevue Street.

At the meeting, Council resolved that:

1. Receive and note the contents of Mayoral Minute No. MM20/18 and Late Item Memo No. LM12/18

2. Liaise with the developers of property Nos. 20-22 Bellevue Street, Thornleigh to seek their agreement that:

a) The descendants of Nurse Jane Starkey Dawes be permitted to inspect the property at No. 22 Bellevue Street, Thornleigh and take photographs;

b) The descendants of Nurse Jane Starkey Dawes be allowed to remove from property No. 22 Bellevue Street, Thornleigh any non-structural fittings / fixtures of sentimental value to family members (such as the front door knocker);

c) The developers undertake a photographic archival record (interior and exterior) of property No. 22 Bellevue Street, Thornleigh to be submitted to Hornsby Council’s Local Studies Library;

d) The developers make a financial contribution or fund investigations and implementation of opportunities to recognise the important life and work of Nurse Jane Starkey Dawes through a local history initiative and/or onsite heritage interpretation, such as installation of an interpretive plaque within Dawson Avenue Park using a floorboard or an alternative suitable material salvaged from property No. 22 Bellevue Street, Thornleigh;

e) Consideration be given to how this work may be presented to the broader Australian community particularly through incorporation in the Thornleigh Community Centre with appropriate material in recognition of Nurse Jane Starkey Dawes;

f) The developers consult with the descendants of Nurse Jane Starkey Dawes to provide a suitable name for the new building to be constructed on the site in honour of the life and work of Nurse Jane Starkey Dawes.

3. Investigate the re-naming of Dawson Avenue Park in honour of Nurse Jane Starkey Dawes.

On 25 October 2018, the applicant submitted amended architectural plans. The amended plans are subject to this report.

SITE

The subject site is legally defined as Lots 17 & 18 Sec 3 DP 1854, and is known as Nos. 20 and 22 Bellevue Street, Thornleigh. The development site is a rectangular shaped corner land parcel located the intersection of Wood Street and Bellevue Street.

The site has a 27.43m frontage to Bellevue Street and a frontage of 36.6m to Wood Street. The total site area is 1,004m².

The subject site accommodated two dwellings. One of the dwellings at No. 22 Bellevue Street has been demolished. The existing dwelling at No. 20 Bellevue Street is to be demolished as part of the proposal.

The site contains a number of existing trees with a number of the trees to be removed to accommodate the proposal.

Approximately 150m to the west of the site is the intersection of Pennant Hills Road, ALDI supermarket complex and other retail and commercial premises. To the north is Thornleigh Marketplace that accommodates Woolworths. The site is also within walking distance of Thornleigh Train Station, which is approximately 300m to the west, on the opposite side of Pennant Hills Road.

Bus stops with regular services to Hornsby, Castle Hill and Parramatta are located along Pennant Hills Road in close proximity to the site.

The surrounding area includes single dwellings houses and is undergoing transition to high density housing development. A recently constructed five storey residential flat building (DA/1337/2015) comprising 24 units adjoins the northern boundary at Nos. 14-18 Bellevue Street and DA/147/2018 for demolition of existing structures and construction of a five storey residential flat building comprising 38 units with 2 levels of basement car parking has been recently approved by Council.

PROPOSAL

The proposal involves the demolition of existing structures and construction of a five storey residential flat building comprising 17 units with basement car parking.

The unit mix would comprise 8 x 1 bedroom, 8 x 2 bedroom and 1 x 4 bedroom units. The units would be accessed via a lift centrally located in the building and would include balconies fronting the street, rear and side property boundaries.

The development would be accessed from Bellevue Street via a driveway located along the western boundary of the site. A separate pedestrian entry centrally located at the front of the property would provide access to all levels of the building via a landscaped pathway. A total of 22 car parking spaces, including 19 residential parking spaces, 3 visitors’ parking spaces, 9 bicycle and 1 motorbike parking spaces are proposed in two basement levels. Two existing vehicle crossings would be removed along Bellevue Street and replaced by one vehicle crossing to Bellevue Street.

ASSESSMENT

The development application has been assessed having regard to the 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 the 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 the Northern District for the next 20 years. The identified challenge for Hornsby Shire will be to provide an additional 4,350 dwellings by 2021 with further strategic supply targets to be identified to deliver 97,000 additional dwellings in the North District by 2036.

The proposed development would be consistent with the Greater Sydney Region Plan - A Metropolis of Three Cities and the North District Plan by contributing to achieving the dwelling targets for the region.

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 R4 (High Density Residential) under the HLEP. The objectives of the zone are:

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

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

· To enable other land uses that provide facilities or services to meet the day to day needs of residents. The proposed development is defined as and is permissible in the zone with Council’s consent.

The proposed development is a high density residential development and complies with the zone objectives by providing a variety of housing types and new housing stock. The proposed development is defined as a ‘residential flat building’ under the HLEP and is permissible in the zone with the consent of Council.

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 show for the land on the Height of Buildings Map. The maximum permissible height for the subject site is 17.5m. The proposed building has a maximum height of 16.2m which complies with the height provision.

2.1.3 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The site does not include a heritage item and is not located in a heritage conservation area. However, Council received significant representations from members of the community raising concerns about the proposed demolition of a dwelling house at property No. 22 Bellevue Street, Thornleigh which was considered by the community to have significant heritage value and consequently worthy of retention.

Property No. 22 Bellevue Street was not listed as a heritage item or located within a heritage conservation area under Council’s planning instruments and on 6 August 2018, a Complying Development Certificate was issued by a private certifier for the demolition of the dwelling.

Given the level of community interest in this matter, Council engaged an external heritage specialist to undertake a preliminary heritage assessment of the dwelling. Council at an extraordinary meeting held on 14 August 2018 considered the preliminary heritage assessment and Mayoral Minute MM20/18 and Late Item Memo No. LM12/18.

Council considered that whilst the heritage assessment does not identify the dwelling as having heritage significance, the work by Nurse Jane Starkey Dawes is worthy of recognition as it is through an understanding of our history and the events of the past we may better connect our community to earlier generations and their way of life. Therefore, Council resolved to continue to work with the developer to explore opportunities to recognise the important life and work of Nurse Jane Starkey Dawes through a local history initiative. Prior to the demolition of the dwelling, the family of Nurse Jane Starkey Dawes were given the opportunity to walk through the property to remove fittings/fixtures of sentimental value including doors, windows, fireplace and cast iron bath. The developer arranged a photographic archival record (interior and exterior) of the property with a copy provided to both the family and Council.

2.1.4 Earthworks

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

The site is relatively level. The proposal includes excavation works for a basement car park. The geology of the site is identified as black to dark-grey shale and laminate. A condition is recommended for a detailed geotechnical assessment of the site by a chartered structural engineer, to be undertaken for the design of the basement excavation and support, groundwater drainage, basement and foundation design and to maintain the structural integrity of the adjoining properties.

Subject to recommended conditions the proposal is 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. This Policy provides State-wide planning controls requiring that consent must not be granted to the carrying out of any development on land unless it has considered whether the land is contaminated or requires remediation for the proposed use.

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

It is 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. Appropriate conditions are included to require all asbestos to be removed from the site. Furthermore, taking into account the significant excavation required to accommodate the proposed basement car park, much of the existing soil would be removed from the site.

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

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

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

The application has been assessed against the requirements of State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (Vegetation SEPP). This Policy seeks to protect the biodiversity values of trees and other vegetation in non-rural areas of the State, and to preserve the amenity of non-rural areas of the State through the preservation of trees and other vegetation.

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.

2.5 State Environmental Planning Policy (Sydney Harbour Catchment) 2005

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

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

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

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

The SEPP adopts the Apartment Design Guide which prevails in the event of any inconsistency with a Development Control Plan. The SEPP includes objectives to meet housing and population targets, affordable housing and to facilitate timely and efficient assessment of development application. The SEPP makes further provision for design review panels; include additional provisions for the determination of development application and for standards for car parking, visual privacy, solar and daylight access, common circulation and spaces, apartment size and layout, ceiling heights, private open space and balconies, natural ventilation and storage, which cannot be used as grounds for refusal of development consent.

Design Quality Principles

The applicant initially submitted a “Design Verification Statement” prepared by a former registered architect who had been struck off the register of the Board of Architects. Therefore, the applicant was requested to provide a new SEPP 65 Design Verification Statement by the architect responsible for the actual design shown on the architectural plans. On 2 February 2018, the applicant submitted a new Design Verification Statement prepared by a registered architect stating how the proposed development achieves the design principles of SEPP 65.

The design principles of SEPP 65 and the submitted design verification statement are addressed in the following table.

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

2.7 Apartment Design Guide

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

Residential Flat Design Code
Control	Proposal	Requirement	Compliance
Deep Soil Zone	35%	7%	Yes
Communal Open Space	39%	25%	Yes
Ground Level Private Open Space	>15m² Min Depth of 3m	15m² Min Depth of 3m	Yes Yes
Solar Access (Living rooms and private open space areas)	76.5% (13/17)	2 hours for 70% of units	Yes
Minimum Dwelling Size	1 br – 53m²-60m² 2 br – 75m² 4 br – 117m²	1 br – 50m² 2 br – 70m² 3 br – 90m² + 5m² for additional bathrooms	Yes Yes Yes
Minimum Ceiling Height	2.7m	2.7m (habitable rooms) 2.4m (non-habitable rooms)	Yes
Minimum Balcony Size	1 bedroom 8m² 2 bedroom 10m² 3 bedroom 12m²	1 bedroom 8m² 2 bedroom 10m² 3 bedroom 12m²	Yes Yes Yes
Maximum Number of Units on a Single Level	4 units	8 units off a circulation core	Yes
Total Storage Area	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	Yes
Dual Aspect and Cross Ventilation	100%	60%	Yes

As detailed in the above table, the proposed development generally complies with the prescriptive measures within the Apartment Design Guide (ADG). Below is a brief discussion regarding the relevant development controls and best practice guidelines.

2.7.1 Solar Access

As stated in the table, more than 70% of the units would receive two hours of direct solar access between 9am and 3pm during winter solstice. The application is acceptable in this regard.

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

2.7.2 Apartment Size and Layout

The proposed residential flat building incorporates corner units comprising of one, two and four bedroom apartments. The majority of apartments would be well ventilated as all units are corner or dual aspect units.

The proposed layout of all units consist of open plan living/dining rooms that have a minimum width of 3.6m for one bedroom units and a minimum width of 4m for two and three bedroom units and all window areas in habitable rooms are greater than 10%. This complies with the controls of the ADG. As the majority of units have also been designed for adequate cross ventilation, it is considered that these layouts are well designed and functional for a majority of units.

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

2.7.3 Internal Circulation

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

2.7.4 Acoustic Privacy

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

2.7.5 Storage

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

2.7.6 Facades

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

2.8 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.

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.

2.9 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 Width	27.43m frontage to Bellevue Street 36.6m to Wood Street	30m	No
Height	5 storeys – 16.1m	5 storeys – 17.5m	Yes
Maximum Floorplate Dimension	25m	25m	Yes
Height of Basement Above Ground	<1m	1m (max)	Yes
Front Setback (Bellevue Street)	10m 8m (for 6.8m) 7m (balconies)	10m 8m (for 5.8m) < 1/3 building width 7m (balconies)	Yes No Yes
Front Setback (Wood Street)	6m to 9.5m 6m to 7m (balconies)	10m 8m (for 7.3m) < 1/3 building width 7m (balconies)	No No
South Side Setback	6m 4m (for 5m) < 1/3 frontage 6m (balconies)	6m 4m (for 5m) < 1/3 frontage 6m (balconies)	Yes Yes
North West Side Setback	6m 4.5m (for 8m) 6m (balconies)	6m 4m (for 7m) < 1/3 frontage 6m (balconies)	Yes Yes
Top Storey Setback from Ground Floor	Nil to 1.5m	3m	No
Basement Ramp Setback	2m	2m	Yes
Deep Soil Landscaped Areas	5m-front (Bellevue Street) 4m-4.4m front (Wood Street) 4m-side (south)	7m wide 7m wide 4m wide	No No Yes
Communal Open Space (Minimum Dimension 4m)	>50m² (min) 25%	50m² (min) 25%	Yes
Parking	19 resident spaces 3 visitor spaces 6 bicycle tracks 1 motorbike space	16 resident spaces 2 visitor spaces 5 bicycle tracks 1 Motorbike space	Yes Yes Yes Yes
Solar Access	76.5%	70%	Yes
Housing Choice	8 x 1 bedroom units (47%) 8 x 2 bedroom units (47%) 1x 4 bedroom unit (6%)	10% of each type (min)	No
Adaptable Units	10%	10%	Yes

As detailed in the above table, the proposed development generally complies with the prescriptive requirements within the HDCP except setbacks, deep soil landscaping and unit mix. The matter of non-compliance is detailed below, as well as a brief discussion on compliance with relevant desired outcomes.

2.9.1 Desired Future Character

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

Council has established a panel of suitably qualified architecture and urban design professionals to undertake a review of the design quality of relevant developments. Accordingly, the application was referred to Jon Johannsen and Associates to undertake an independent urban design review of the proposal. A copy of the advice was subsequently referred to the applicant, and it was requested that the matters raised be addressed as well as additional Council concerns. The applicant subsequently provided amended plans which have satisfactory addressed the urban design comments and Council concerns.

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

2.9.2 Site Requirements

The HDCP requires sites to have a minimum frontage of 30 metres. The development would have a frontage of 27m to Bellevue Street and a frontage of 36m to Wood Street. Whilst the frontage to Bellevue Street, would not comply with HDCP requirements, being a corner allotment, it would have a frontage of 30m to Wood Street.

The existing lots within the precincts are considerably small when compared to similar precincts elsewhere within the Shire. It is acknowledged that the development on the site has resulted in a considerably smaller building envelope than the adjoining approved building at Nos.14 to 18 Bellevue Street and recently approved development at Nos. 21-27 Station Street. There is no opportunity to consolidate additional allotments with the subject site in order to comply with the 30m frontage to Bellevue Street.

2.9.3 Height

The height of the proposed building is in accordance with the HDCP maximum 17.5m building height. The proposed basement car park would not project more than 1.5m above finished ground level. Accordingly, the proposed development is satisfactory in respect to the five storey built form.

2.9.4 Setbacks

As noted in the table above, sections of the building do not comply with the setback requirements as follows:

Front Northern Setback (Bellevue Street)

The HDCP requires a minimum building front setback of 10m, which can be reduced to 8m for a maximum of 1/3 of the building width. The front building setback is 8m to 10m and the front balconies have a front setback of 7m.

More than 1/3 of the building length (up to the fourth level) is located at a setback of 8m from the front boundary which does not comply with the requirements of the HDCP. The front facade is well articulated and the non-compliance is considered acceptable. As such, the building length that exceeds the requirement is minor compared to the overall scale of the building. The building length would not have any negative visual impact on the streetscape.

Front Setback (Wood Street)

The proposal does not comply with the front setback requirements of the HDCP to Wood Street. The proposed development would provide a setback of 9.5m for a portion of the building that aligns with the approved building to the south. The proposed building then provides a transition to 7m and 6m. The allotment is a relatively small and cannot be amalgamated with additional allotments to the west given the approved buildings at Nos. 14-18 Bellevue Street and Nos. 21-27 Station Street and therefore the allotment is smaller than the typical residential flat building sites in the Shire.

The building indentation, vertical and horizontal blade elements and wrap around balconies presents a well-articulated front façade to Wood Street. The landscape plan indicates that additional trees are to be planted and the existing mature street trees located along the Wood Street frontage are to be retained. These trees would obscure the eastern front façade of the proposed building. In this regard, the setback encroachment is considered to be acceptable.

Top Storey Setback

The majority of the building incorporates a 3m building setback for the top storey on the front, rear and side setbacks. However, minor portions of the northern and eastern top storey setbacks do not comply with the numerical requirements of the HDCP.

The non-compliance on the northern Bellevue Street elevation is predominantly located within the building indentation. The front elevation eastern building incorporates a distinct top, middle and base when viewed from the Bellevue Street and is not negatively impacted due to the top storey setback non-compliance.

The non-compliance on the eastern Wood Street facade is confined to the kitchen of Unit 17. The kitchen is setback 1.5m from the edge of the building. The applicant seeks a variation on the basis that the kitchen to the unit supports the butterfly roof and provides a more appealing streetscape presentation. To remove the kitchen to have a compliant setback would result in a small 1.1m wide area unusable area and an unbalanced roof form.

It is considered that the overall intent of the top storey setbacks provision is achieved given that the proposal includes a well-articulated built form and is therefore considered to be acceptable.

2.9.5 Built Form and Separation

The ADG and HDCP require a building separation of 12m between unscreened habitable areas or balconies increasing to 18m from the fifth level, for two residential buildings on adjoining sites. Accordingly, all proposed developments are required to provide half of the building separation, as setbacks from boundaries. Further, a 9m separation between buildings on the same site is allowed, where no unscreened habitable areas facing each other.

The development would adjoin an existing five storey development to the west and a future five storey development to the south. While the building complies with the building separation on the north-western boundary, on the south-western boundary the setback should be at least 4.5m for a non-habitable facade. The bedroom and bathroom of Units 2, 6, 10 and 14 have a setback of 4m from the southern boundary. To address, the encroachment and to alleviate any overlooking opportunities, the applicant has amended the plans to provide highlight windows and a privacy screen to balcony of these units.

The proposed development is assessed as satisfactory with regard to building separation and the minor non-compliances are considered acceptable.

2.9.6 Landscaping

The landscaping provisions of the HDCP prescribe that a 7m wide landscaped deep soil area be provided at the front and a 4m wide landscaped area be provided along the side boundaries. The proposal does not comply with the front basement parking setback requirement of the HDCP.

The front basement parking setback has an encroachment of 2m to Bellevue Street and 2.6m-3m to Wood Street. Over 30% of the site is available for deep soil planting in natural ground and further provision has been made for planter boxes over the basement slab. Due to the constrained nature of the site this is considered acceptable, provided additional canopy trees are planted in accordance with the conditions of consent.

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

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

2.9.7 Open Space

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

Section 3.4.8(g) of the HDCP requires that a principal communal open space is provided for each residential flat building of 10 or more dwellings. The location of the principal communal open space has not been nominated on the plans. The north eastern corner of the site provides a suitable area and should be used for this purpose a condition of consent is recommended to be imposed requiring an outdoor table setting and a minimum of one bench seat are to be provided in the north eastern corner of the site to encourage social interaction between residents. Direct access to the communal open space would be provided from the ground level foyer. The proposal is assessed as satisfactory in this regard.

2.9.8 Privacy and Security

A number of public submissions have raised concerns regarding privacy impact from the balconies of units on the eastern facade looking towards the low density dwellings across Wood Street and along Bellevue Street. The applicant has provided sightline analysis. The plans demonstrate that due to the size and location of the existing street trees located along the Wood Street frontage, the balconies located on the first to the third floors would have obstructed sightlines towards the east.

To address any privacy impacts from the top floor unit, a privacy screen around the perimeter of the terrace of Unit 17 has been proposed with a minimum height of 1.5m above the balcony finished floor level.

Furthermore, the amended plans demonstrate that the top floor balcony is approximately 26m from the side boundary of No. 24 Bellevue Street which fronts Wood Street. This distance greatly exceeds the 25m separation distance from low density residential development prescribed under the ADG.

Given the significant setback separation from the existing low density dwellings and the presence of the existing street trees along the Wood Street frontage, the proposed development would maintain the privacy of the neighbouring dwellings located opposite the site.

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

2.9.9 Sunlight and Ventilation

The prescriptive measure of the HDCP requires at least 70% of the dwellings to receive 2 or more hours of sunlight to living room windows and private open space between 9am and 3pm on 22 June. 76.5% of residential apartments would receive a minimum of two hours of direct sunlight between 9.00 am and 3.00 pm in mid-winter and all the units are naturally cross ventilated which complies with the HDCP and ADG requirements.

A number of public submissions have raised concerns regarding overshadowing from the proposed building to the existing dwellings located along the eastern side of Wood Street and fronting Bellevue Street. The shadow diagrams submitted by the applicant demonstrate that the proposed building would cast a shadow on the adjoining properties at Nos. 26 and 24 Bellevue Street from 3pm onwards. However, the neighbouring residential properties would retain greater than 3 hours of solar access in mid-winter. Accordingly, the proposal is considered to provide appropriate level of solar access to adjacent properties adjoining a high density area.

2.9.10 Housing Choice

The proposal does not satisfy the housing mix requirements of the HDCP, which requires the development to comprise a minimum of 10% of each 1 bedroom, 2 bedroom and 3 bedroom dwellings. The proposal contains 8 x 1 bedroom units, 8 x 2 bedroom units and 1 x 4 bedroom unit.

A number of submissions have raised concerns that 3 bedroom units have not been provided and only a 4 bedroom unit is proposed. The original proposal provided a 3 bedroom on the ground floor, however, based on the original solar access analysis this unit would only receive 1 hour of sunlight. The unit was redesigned into a 2 bedroom unit with an orientation of the living spaces to the northern facade. Based on this modification, Unit 4 would achieve the required solar access.

Having regard to the overall development precincts, it is considered that a mix in units types has been achieved to cater for the demographic diversity of the Hornsby Shire. The dwelling mix would assist to enhance the housing choice within the Thornleigh area as well as increase the amount of housing stock.

An Access Report was submitted with the application to support the proposed development. The HDCP requires the provision of least 10% of proposed dwellings should be Adaptable Housing, designed to meet the needs of residents as they age and at least 20% of proposed dwellings should be Universal Design housing in accordance with the Liveable Housing Guidelines (2012) silver level design features.

In accordance with the requirements of the HDCP, two of the units (unit 8 and 12) are proposed as adaptable units and a further four units (Unit 5, 9, 13 and 16) are capable of complying with the Universal Design Housing requirements in accordance with the Liveable Housing Guidelines (2012) silver level design features.

2.9.11 Vehicular Access and Parking

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

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

Concerns were raised that the driveway egress does not provide clear sightlines to the footpath. To address this safety issue the applicant submitted amended plans, redesigning the planter box and front fence on the eastern side of the proposed driveway. To ensure sufficient sight line is provided, the height of the front fence has been reduced to a maximum height of 900mm.

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

2.9.12 Waste Management

The proposal includes a waste management plan with details of waste management during the demolition phase and the construction phase of building works. The site will require 2 x 660 litre garbage bins serviced two times per week, 5 x 240 litre recycling bins serviced weekly and 1 x 660 litre paper/cardboard bin. A garbage shute and bin cupboard accommodating the recycling bin would be provided at each residential level. A garbage room is proposed at the upper basement level along with a bulky waste storage area (8 sqm) is proposed at the basement. The size of the garbage room is sufficient to store the required number of bins.

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

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

2.9.13 Station Street, Thornleigh Precinct

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

2.10 Section 7.11 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2014-2024 applies to the development as it would result in an additional 15 residential dwellings in lieu of the 2 existing residences. Accordingly, the requirement for a monetary Section 7.11 contribution is recommended as a condition of consent.

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

Eight trees within the property would be removed to facilitate the construction of the proposed building and one street tree would be removed to facilitate the driveway access to the site. None of the trees to be removed are locally indigenous trees or worthy of retention.

A landscape plan has been submitted with the application that includes replacement planting with a range of locally native plant species with a mix of small, medium and large canopy trees, shrub layers and ground covers. The landscape plan proposes nine canopy trees to be planted at ground level intercepted by hedges and shrubs. Subject to conditions requiring the on-going maintenance of the landscaped areas, the development would achieve a landscape setting and would be acceptable with respect to the natural environment.

Replacement of one street tree would be required within the Bellevue Street frontage. There is sufficient area along Bellevue Street to permit further street planting adjacent to the site.

3.1.2 Stormwater Management

The proposed stormwater drainage system includes an on-site stormwater detention system and water quality treatment facility. The proposed stormwater system is satisfactory in mitigating impacts on downstream water quality subject to recommended conditions.

3.2 Built Environment

3.2.1 Built Form

The development achieves a scale consistent with the desired outcome for well-articulated buildings that are set back to incorporate landscaping, open space and separation between buildings. The proposal incorporates a high quality facade with a balanced composition of varied building elements including the use of vertical sandstone blocks extending from the ground level to level 5, a mix of dark bricks and a mix of materials and colours to break up the development and reduce the overall bulk, which achieves an appropriate built form for the site and its purpose, in terms of building alignments, proportions, and the manipulation of building elements.

A submission has raised concerns regarding the proposed roof form and that a flat roof in accordance with the requirements of the HDCP has not been provided. At the request of Council’s urban design consultant, the applicant increased the overhang of the butterfly roof form on the northern elevation to Bellevue Street to improve the visual appearance of the building and provide sun shading and weather intrusion to the top floor unit.

The proposed scheme has been designed to aesthetically fit within the envisaged future streetscape and character of the area and would present as a contemporary and coherent development. The facade structure and design would complement the surrounding and envisaged streetscape and respect the amenity of adjacent existing and future developments. Landscaping has also been used to soften the edges of the site and provide privacy for existing residential dwellings to the east and the existing units to the west.

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

3.2.2 Traffic

The site has a frontage to Station and Wood Streets, which are local roads. The site is also located in close proximity to Pennant Hills Road. A Traffic and Parking Impact Assessment submitted with the proposal has estimated traffic generation of the existing site and proposed development using RMS guidelines and TDT 2013/04a. Council’s traffic assessment concludes that the nett traffic generation is estimated to be 3 vehicle trips in the AM and PM peak hour which is negligible when compared with the traffic volumes on the adjacent road network.

Although this additional traffic may appear to be negligible when compared with the traffic volumes on the adjacent road network for this development alone, the cumulative traffic impacts of all sites earmarked for redevelopment in the precinct would be significant. The cumulative impact has been considered in the strategic transport model for Council’s Housing Strategy and the required traffic management improvements have been included in Council’s Section 94 contributions Plan. The State Government has committed funding to address regional traffic growth, including the construction of NorthConnex to provide important infrastructure for freight traffic and the wider connectivity within NSW to reduce congestion and improve traffic flow along Pennant Hills Road.

3.3 Social Impacts

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

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

3.4 Economic Impacts

The proposal would have a minor positive impact on the local economy in conjunction with other new high density residential 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 is not 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 application was originally notified to adjoining and nearby landowners between 19 January 2017 and 6 February 2017 in accordance with the requirements of the HDCP. Council received two submissions objecting to the development. The amended plans were notified between 13 February 2018 and 1 March 2018 and Council received ten submissions objecting to the modified development. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

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

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

· Unacceptable traffic on local streets;

· Unacceptable overshadowing of adjoining properties;

· Unacceptable noise from top floor unit;

· Loss of privacy;

· Unacceptable mix of units and a four bedroom unit should not be permitted;

· Non-complaint top floor setbacks;

· Unacceptable materials and finishes;

· Reduced property boundary setbacks;

· Inadequate landscaping;

· Development that is excessive in height, bulk and scale with a non-compliant roof design;

· Out of character with the zone;

· Demolition of dwelling at 22 Bellevue Street;

· The front fence to the driveway entrance/exit is too high

· The existing houses comprise asbestos and the demolition of the structures would have adverse impact on the neighbouring properties; and

· The development would result in traffic congestion during the construction phase.

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 Traffic Congestion During Construction Phase

The applicant has submitted a Construction Traffic Management Plan to address traffic and pedestrian management, equipment storing areas and truck routes during the demolition and construction phase of the development. Council’s assessment in this regard concludes that the implementation of the plan would mitigate impacts subject to conditions of consent requiring a detailed plan to be prepared prior to commencement of works and the copies of plan to be provided to all contractors working on the site. Subject to implementation of this condition, the proposal would not have an unreasonable impact on the residents of the neighbouring properties due to construction traffic.

5.2 Public Agencies

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

6. THE PUBLIC INTEREST

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

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

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

CONCLUSION

The proposal is for demolition of existing structures and erection of a 5 storey residential flat building comprising 17 units with basement parking and associated landscaping.

The proposed development generally complies with HLEP and the HDCP and results in an acceptable planning outcome for the site.

The proposal is satisfactory in respect to SEPP 65 and complies with the Apartment Design Guide criteria for mixed use development, apartment layout, internal circulation, acoustic amenity and storage. The proposal meets the desired outcomes of the HDCP controls for scale, setbacks, open space, landscaping, privacy and security, sunlight and ventilation, housing choice, vehicle access and parking, accessible design and waste management; subject to recommended conditions.

Council received 10 submissions during the public notification period of the amended proposal. The matters raised have been addressed in the body of the report and where appropriate, conditions have been recommended to minimise disruption to residential amenity.

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

The reasons for this recommendation are:

· The proposal results in appropriate scale of development and satisfactorily complies with the relevant provisions SEPP 65 and the HDCP.

· The proposed development does not create unreasonable environmental impacts to adjoining development with regard to visual bulk, overshadowing, solar access, amenity or privacy impacts.

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 Caroline Maeshian.

Cassandra Williams

Team Leader - Major Applications

Planning Division

Rod Pickles

Manager - Development Assessment

Planning Division

Attachments:

1.	Locality Plan
2.	Plans Architectural
3.	Streetscape Plans
4.	Section Plans
5.	Landscape Plans
6.	Shadow Diagrams
7.	Schedule of Finishes

File Reference: DA/1545/2016

Document Number: D07412430

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.*	*Rev*	*Plan Title*	*Drawn by*	*Dated*
Architectural Plans
150748	G	Cover Page	Design Cubicle	undated
160748 DA:200	G	Site Plan	Design Cubicle	28.09.2018
160748 DA:201	G	Basement 2 Plan	Design Cubicle	28.09.2018
160748 DA:202	G	Basement 1 Plan	Design Cubicle	28.09.2018
160748 DA:203	G	Ground Floor Plan	Design Cubicle	28.09.2018
160748 DA:204	G	First-Second Floor Plan	Design Cubicle	28.09.2018
160748 DA:205	G	Third Floor Plan	Design Cubicle	28.09.2018
160748 DA:206	G	Fourth Floor Plan	Design Cubicle	28.09.2018
160748 DA:207	G	Roof Plan	Design Cubicle	28.09.2018
160748 DA:301	G	Elevations 1/2	Design Cubicle	28.09.2018
160748 DA:302	G	Elevations 2/2	Design Cubicle	28.09.2018
160748 DA:303	G	Sections - Fence Details	Design Cubicle	28.09.2018
160748 DA:304	G	Sections	Design Cubicle	28.09.2018
160748	G	External Materials and Finishes	Design Cubicle	undated
160749 UA:103	G	Streetscape 1/2	Design Cubicle	28.09.2018
160749 UA:104	G	Streetscape 2/2	Design Cubicle	28.09.2018
Landscape Plans
16/1883/DA	E	Landscape Plan	Paul Scrivener	27.09.2018
16/1883/DA	E	Planting Plan	Paul Scrivener	27.09.2018
Stormwater Plans
SW001	B	Title Page, Notes and Drainage Details	Mance Arraj	24.02.2017
SW010	B	Basement Level 2 Stormwater Drainage Layout	Mance Arraj	24.02.2017
SW030	B	Ground Floor/Site Stormwater Drinage Layout and On-Site Detention	Mance Arraj	24.02.2017
SW031	A	OSD and rainwater Tank Sections and Details	Mance Arraj	14.10.2016
SW032	A	Rainwater Tank Volume Calculation for Water Quality	Mance Arraj	24.02.2017

Document Title	Prepared by	Dated
Shadow Diagrams (Reference: Drawing Nos. 160748 DA:208 and 209 Revision G)	Design Cubicle	28.09.2018
Shadow – Elevation (Reference: Drawing No. 160748 DA:300 Revision G)	Design Cubicle	28.09.2018
Shadow Plans (Adjacent Property Shadow Study) (Reference: Drawing No. 160748 DA:600 Revision G)	Design Cubicle	28.09.2018
Solar Compliance Table (Reference: Drawing Nos. 160748 DA:601, DA602 and DA603 Revision G)	Design Cubicle	28.09.2018
Sightline Analysis (Reference: Drawing No. 160748 DA:800 Revision G)	Design Cubicle	28.09.2018
Statement of Environmental Effects	Think Planners	14.10.2016
BASIX Certificate No. 769425M	ESD Synergy	28.09.2016
Acoustic Report (Reference No. 20161369.1/2809A/R0/JL)	Acoustic Logic	28.09.2016
Accessibility Report	Design Cubicle	December 2016
Traffic and parking Assessment Report (Reference No. 16601)	Varga Traffic Planning Pty Ltd	12.12.2016
Arboricultural Impact Assessment (Reference No. 2602)	Redgum Horticultural	5.10.2016
Waste Management Plan	Design Cubicle	October 2016
Design Verification Statement Revision A	Design Cubicle	8.02.2018

2. Appointment of a Project Arborist

a) A project arborist (AQF Level 5) must be appointed to provide monitoring and certification throughout the development process.

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

3. Removal of Trees

a) This development consent permits the removal of trees as identified in the Arboricultural Impact Assessment (AIA) prepared by Redgum Horticultural, dated 5 October 2016 (TRIM-D07127279).

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

4. Amendment of Plans

a) The approved stormwater plans prepared by Mance Arraj are required to be amended in accordance with the approved architectural plans Revision G prepared by Design Cubicle dated 28.09.2018.

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

5. Construction Certificate

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

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

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

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

6. Section 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	$4,927.70
Open Space and Recreation	$139,154.00
Community Facilities	$53,494.90
Plan Preparation and Administration	$448.80
TOTAL	$198,025.40

Being for 17 units comprising 8 x 1 bedroom units, 8 x 2 bedroom units and 1 x 4 bedroom unit and a credit for 2 existing residential allotments.

b) The value of this contribution is current as at 28 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.

7. Materials and finishes

The approved elevation plans and schedule of finishes must provide a minimum of 30% of exposed brick on each façade.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

8. Building Code of Australia

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

9. Contract of Insurance (Residential Building Work)

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

10. Notification of Home Building Act 1989 Requirements

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

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

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

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

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

i) The name of the owner-builder; and

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

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

11. Utility Services

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

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

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

12. Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of the adjoining properties CP SP 93482, No.14 Bellevue Street, Thornleigh and Lot 29 Sec 3 DP 1854, Lots 300 and 301 DP 1193643, Nos. 23, 25 and 27 Station Street, Thornleigh before the commencement of works.

13. Stormwater Drainage

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

a) Connected to an existing Council pit of its 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;

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

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

14. On Site Stormwater Detention

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

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

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

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

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

e) Detail calculations are to be shown in construction certificate plan.

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

15. Water Quality/Bio Retention System

a) Stormwater discharging from the development site is to be treated to achieve the quality specified in Council’s Development Control Plan 2012 (table 1C.1.2(b) Urban Stormwater Quality Targets) or utilise one of the deemed to comply solutions. MUSIC model and Hornsby Shire Council Music- link report are to be submitted for Council’s endorsement prior to issue of a construction certificate Council’s parameters are to be used in the model.

b) Prior to occupation of the premises, a Chartered Civil/Hydraulic Engineer of the Institution of Engineers, Australia is to certify that works have been completed in accordance with the approved construction plan and the measures will achieve the targets specified in the condition.

16. Vehicular Crossing

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

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

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

b) The footway area must be restored by turfing;

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

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.

17. Internal Driveway/Vehicular Areas

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

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

b) The driveway be a rigid pavement.

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

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

18. Road Works

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

a) The existing footpath and kerb and gutter along the frontage of the development are to be replaced with new ones.

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

c) The submission of a compaction certificate from a geotechnical engineer for any fill within road reserves, and all road sub-grade and road pavement materials.

d) No work is to commence within the road reserve until approval under Section 138 of the Roads Act is obtained from Council. In this regard a construction certificate application is to be submitted to Council.

19. 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.

20. Adaptable Units and Storage

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

a) The development is required to provide two units (Unit 8 and 12) designed as adaptable housing pursuant to the requirements of 1C.2.2 of the Hornsby Development Control Plan 2013 and a further four units (Unit 5, 9, 13 and 16) are capable of complying with the Universal Design Housing requirements in accordance with the Liveable Housing Guidelines (2012) silver level design features. In this regard, two car parking spaces are to be designed for people with a disability and allocated to Units 8 and 12.

b) Each dwelling within the development must have a minimum area for storage (not including kitchen and bedroom cupboards) of 6m³ for one bedroom units, 8m³for two bedroom units and 10m³ for three bedroom units, where 50% is required to be located within the apartment and accessible from either the hall or living area.

21. Waste Management Details

The following waste management requirements must be complied with:

a) The approved on-going waste management system must not be amended without the written consent of Council.

b) A bulky waste storage area of at least 8 square metres must be provided at the basement level.

c) The garbage chute must be fitted with a 5x240L bin carousel or equivalent. Compaction is not permitted.

d) There must be a waste facility (a garbage chute and a 240 L recycling bin in a cupboard) on each residential level for each lift core of the building. Each waste facility must:

i) be accessible by persons with a disability after the garbage chute and 240 L recycling bin are installed; and

ii) comfortably house the required garbage chute and 240 L recycling bin; and

iii) have door(s) wide enough and positioned so that the 240 L recycling bin can fit through.

Note: a 240 L recycling bin is 600 mm wide by 750 mm deep; allow for ease around the bin for manoeuvring and to avoid damage by scraping – 75 mm is recommended. That is, the internal dimensions of the recycling bin cupboard should be no less than 750 mm wide by 900 mm deep. These dimensions do not include wall thickness, door thickness, ventilation ducting etc, which must be added. The chute system supplier must be consulted for chute space requirements. AS 1428.1 requires at least 800 mm clear doorway opening for wheelchair access.

e) There must be a bin carting route from the garbage room at basement level 1 to the bin holding area at the ground level that is:

i) wholly within the site (that is, does not include the public footpath); and

ii) does not include steps, retaining walls, walls or any other obstacles; and

iii) is no less than 1.5 m wide.

f) The bin carting route from the bin holding area at the ground level to the street boundary must:

i) have a gradient of no steeper than 1:20; and

ii) be wholly within the site (that is, does not include the public footpath); and

iii) does not include steps, retaining walls, walls or any other obstacles; and

iv) be no less than 1.5 m wide.

Note: the driveway can be used for the bin carting route.

g) For the waste collection/bin holding area at the ground level:

i) There must be no step, raised kerb, wall, retaining wall or any other obstacle between the waste collection/bin holding area and the driveway for 3.8m; and

ii) The side adjoining the driveway must be fully open to the driveway for 3.8m. Screening to a height of no less than 1.5 m should be provided on the other three sides of the waste collection area; and

iii) The waste collection area must be at the same level as the driveway; and

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

v) If necessary, the edge of the driveway can be marked by paint (or similar means) for the length of the bin holding area.

h) 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;

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

viii) 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.

22. Geotechnical Report

A detailed geotechnical assessment of the site by a chartered structural engineer, to be undertaken for the design of the basement excavation and support, groundwater drainage, basement and foundation design.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

23. 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.

24. 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.

25. 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.

26. 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.

27. Installation of Tree Protection

a) Trees numbered 1-6 identified on approved Landscape Plane prepared by Paul Scriviner and dated 27.9.2018 must have tree protection measures for the ground, trunk and canopy installed in accordance with the Australian Standard ‘Protection of Trees on Development Sites (AS 4970-2009) as determined by the Project Arborist.

b) Tree protection fencing must erected around trees as specified in the Arboricultural Impact Assessment (AIA) prepared by Redgum Horticultural, dated 5 October 2016 (TRIM-D07127279)

28. Tree Protection Certification

A certificate from the project arborist must be submitted to the Principal Certifying Authority and Council stating compliance with the relevant tree protection conditions of this consent.

REQUIREMENTS DURING DEMOLITION AND CONSTRUCTION

29. Construction Work Hours

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

30. 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.

31. 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.

32. Street Sweeping

To protect the surrounding environment, Street sweeping must be undertaken following sediment tracking from the site along the Bellevue Street and Wood Street frontages 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.

33. 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.

34. 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.

35. 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.

36. 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.

37. Survey Report

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

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

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

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

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

38. Construction Management Plan Compliance

The development must be carried out in accordance with the approved Construction Management Plan including the truck access routes and parking of construction vehicles.

39. Maintenance of public footpaths

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

40. Works Near Trees

The appointed project arborist must monitor and record all changes or modifications to required tree protection measures for the period of construction.

41. 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.

42. Works Near Trees Certification

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. 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. Copies of monitoring documentation may be required.

43. Waste Management Details

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

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

Note: In accordance with the Protection of the Environment Operations Act 1997, the definition of waste includes any unwanted substance, regardless of whether it is reused, recycled or disposed to landfill.

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.

44. Fulfilment of BASIX Commitments

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

45. 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.

46. Works as Executed Plan

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

47. Creation of Easements

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

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

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

48. 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.

49. Planter Boxes / On slab planting

On slab planter boxes must include waterproofing, subsoil drainage (proprietary drainage cell, 50mm sand and filter fabric) automatic irrigation, minimum 500mm planting soil for shrubs and minimum 1000mm planting soil for trees and palms and 75mm mulch.

50. Principal Communal Open Space

A space with a minimum area of 50m² is to be designated as a principal communal open space within the north-east corner of the front setback. An outdoor table setting and a minimum of one bench seat is to be provided to encourage social interaction between residents.

51. Planting – Front and Side Setbacks

Additional planting is required within the front (northern) setback to include 1 x native trees, such as Angophora costata (Red Gum) and / or Syncarpia glomulifera (Turpentine), installed at no smaller pot size than 25 litre.

Additional planting is required within the secondary frontage (eastern setback) to include 2 x native trees, such as Angophora costata (Red Gum) and / or Syncarpia glomulifera (Turpentine), installed at no smaller pot size than 25 litre.

52. Completion of Landscaping

A certificate must be provided 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: Applicants are advised to pre-order plant material required in pot sizes 45 litre or larger to ensure nurseries have stock available at the time of install.

53. Maintain Canopy Cover

a) One replacement tree, Callistemon viminallis ‘Dawson River’ is to be planted on the Bellevue Street naturestrip.

b) Location and Size of Plantings

i) The tree must be located equidistant between back of kerb and the footpath

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

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

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

c) The Project Arborist must submit to the principal certifying authority a statement confirming all landscaping requirements has been completed in accordance with approved landscape plans and conditions of consent.

54. Final Certification Arborist

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. 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. Copies of monitoring documentation may be required.

55. Retaining Walls

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

56. Boundary Fencing

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

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

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

57. 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.

58. 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.

59. Consolidation of Allotments

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

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

60. 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”.

61. Construction of Engineering Works

All engineering works including but not be limited to the stormwater works, on-site detention system, construction of retaining walls and road works identified in this consent are to be completed and a Compliance Certificate issued prior to the release of the Occupation Certificate.

62. 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.

63. Safety and Security

This site must include the following elements:

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

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

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

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

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

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

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

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

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

64. Hydrant Booster Screening

Screening of any required fire hydrants must be designed to comply with Australian Standard AS2419.1:2017 Fire hydrant installations System design, installation and commissioning as adopted by the current version of the Building Code of Australia.

65. Garbage Collection Easement

For the purpose of waste collection, an easement entitling Council, its servants and agents and persons authorised by it to enter upon the subject land and to operate thereon, vehicles and other equipment for the purposes of garbage collection must be granted to Council by the owner of the land.

Note: The easement must be in a form prescribed by Council and must include covenants to the effect that parties will not be liable for any damage caused to the subject land or any part thereof or to any property located therein or thereon by reason of the operation thereon of any vehicle or other equipment used in connection with the collection of garbage and to the effect that the owner for the time being of the subject land shall indemnify the Council, its servants, agents and persons authorised by it to collect garbage against liability in respect of any such claims made by any person whomsoever.

66. 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 garbage chute system, volume handling equipment, bin lifter, motorised bin trolley or similar, recycling bin storage on each residential level, bin storage areas, bulky waste storage area, bin collection area, waste collection vehicle access, bin carting routes, doors wide enough to fit the bin through, etc.

b) The bin storage room at the basement level must include water or a hose for cleaning, graded floors with drainage to sewer, a robust door, sealed and impervious surface, adequate lighting and ventilation, and must be lockable. The waste facility rooms/cupboards (housing the garbage chute and a 240L recycling bin) at each residential level of each lift core of the building must include sealed and impervious surface, adequate lighting and ventilation.

c) A report must be prepared by an appropriately qualified person (e.g. auditor), 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 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 basement level.

f) The waste facilities (a garbage chute and 240L recycling bin in cupboards) on each residential level of each lift core of the building must be accessible by persons with a disability while comfortably housing the garbage chute and one 240 L recycling bin.

g) 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.

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

Note: Ramps between different levels are acceptable

i) Each garbage chute must be fitted with automatic waste volume handling equipment that automatically changes the bin under the chute when it becomes full, thereby providing no less than 3 days bin capacity under the chute. Access to the automatic waste volume handling equipment by unauthorised persons (including residents and waste collectors) must be prevented. The automatic waste volume handling equipment on the chute system must not include compaction.

Note: Acceptable volume handling equipment includes 5 x 240 L bin carousel. A separate room or caging of the automatic volume handling equipment is acceptable to prevent unauthorised access.

j) A motorised bin cart, trolley or similar equipment must be provided to enable the site caretaker to safely cart the bins around the site. This equipment must be suitable for the ramp grades along the bin carting route.

OPERATIONAL CONDITIONS

67. 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).

68. 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.

69. Landscape Establishment

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

70. Car Parking and Deliveries

All car parking must be operated in accordance with Australian Standard AS 2890.1 – 2004 – Off Street Car Parking and Australian Standard 2890.2 - 2002 – Off Street Commercial and the following requirements:

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

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

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

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

71. Waste Management

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

a) A site caretaker must be employed and be responsible for moving bins where and when necessary, washing bins and maintaining waste storage areas, ensuring the chute system and related devices are maintained in effective and efficient working order, managing the communal composting area, managing the bulky item storage area, arranging the prompt removal of dumped rubbish, 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) The approved on-going waste management practise for the site must not be amended without consent from Council.

72. Sight Lines

Minimum sight lines for pedestrian safety are to be provided at the driveway. Any proposed landscaping and/or fencing must not restrict sight distance to pedestrians and cyclists travelling along the footpath.

- 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 require:

· 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.

Disability Discrimination Act

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

Covenants

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

Dial Before You Dig

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

Telecommunications Act 1997 (Commonwealth)

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

Asbestos Warning

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

www.environment.nsw.gov.au

www.nsw.gov.au/fibro

www.adfa.org.au

www.workcover.nsw.gov.au

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

LPP Report No. LPP41/18

Local Planning Panel

Date of Meeting: 19/12/2018

2 DEVELOPMENT APPLICATION - 5 STOREY RESIDENTIAL FLAT BUILDING COMPRISING 22 UNITS AND BASEMENT CAR PARK - 417 - 419 PACIFIC HIGHWAY, ASQUITH

EXECUTIVE SUMMARY

DA No:	DA/509/2018 (Lodged on 30 May 2018)
Description:	Demolition of existing structures and erection of a 5 storey residential flat building comprising 22 units with basement car parking
Property:	Lot 10 DP 658184 and Lot 11 DP 666335, Nos. 417-419 Pacific Highway, Asquith
Applicant:	Holfy Build Pty Ltd
Owner:	Maxwell John McDonald, John Maureen McDonald, Mark Lachlan Sugden and Vanessa J. Jull
Estimated Value:	$7,253,755
Ward:	A

· The application involves demolition of existing structures and construction of a five storey residential flat building comprising 22 units with basement car parking

· The application is required to be determined by the Hornsby Shire Council LPP as the development is for a residential flat building to which SEPP 65 applies.

· One submission was received in respect of the application.

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/509/2018 for demolition of existing structures and erection of a 5 storey residential flat building comprising 22 units and basement car park at Lot 10 DP 658184 and Lot 11 DP 666335, Nos. 417-419 Pacific Highway, Asquith be approved subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP41/18.

BACKGROUND

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

On 1 September 2017 Council approved DA/733/2017 for demolition of the heritage item at No. 419 Pacific Highway Street subject to photographic archival recording.

The subject application was lodged with Council on 30 May 2018 for demolition of existing structures and erection of a 5 storey residential flat building comprising 22 units including 5 x 1 bedroom units, 16 x 2 bedroom units and 1 x 3 bedroom unit and a basement car park.

In July 2018, the application was referred to ‘GMU Urban Design and Architecture’ for comprehensive urban design advice. Following an assessment of the application by Council’s Urban Design Consultant, a request for additional information was sent to the applicant on 20 July 2018. A summary of the urban design recommendations is provided below:

· The proposal should reduce the building's bulk and scale in providing a hierarchy of the elements in terms of architectural articulation. The proposal should incorporate an ordering principle with regards to the hierarchy of the façade elements. As the balconies encroach into the setbacks and are not designed as lightweight elements the façade presents equal weight and distribution in terms of façade elements. The HDCP clause 3.4.6 Articulation (h) indicates that the facades should be expressed as 2 or 3 distinct levels and be divided by vertical steps.

· The proposal should incorporate a communal open space that complies with HDCP and ADG controls and it should facilitate common spaces for a range of age groups, incorporating seating, barbecue areas, play areas etc. as per the ADG 3D-2.

· The internal layout design of the proposal should be reconfigured in order to provide a high-quality design outcome addressing the issues stated above.

· A better-articulated roof form should be incorporated into the design to add value to the building bulk.

· The vehicle ramp should be encapsulated and provided with a security grille.

· The landscaping should be considered carefully and incorporate communal open spaces that are accessible directly from an internal lobby.

In addition to the urban design comments, Council raised concerns regarding non-compliance with deep soil setbacks, too many service structures such as fire stairs, entry ramps, substation and driveway ramp reducing landscaping in the front setback, bulk and scale concerns, lack of 3 bedroom units, waste arrangement concerns, balconies enclosed with large privacy screens adding to the bulk of the building, lack of communal open space, internal layout, lack of storage for units and no storage in basement, lack of sun-view diagram to establish 70% solar access compliance, lack of cross ventilation diagrams, plans to indicate hydrant booster and substation and include screening, front fencing to be reduced from 1.8m to a maximum 1.2m high, removal of unnecessary paths and hard surfaces to accommodate more landscaping along sides and front boundaries and requiring submission of a Construction Traffic Management Plan.

On 17 September 2018, Council received amended plans addressing urban design issues and part of Council’s issues. Waste management issues remained unresolved and a Construction Traffic Management Plan was not submitted.

On 19 October and 25 October 2018, Council sent separate requests for further information reinforcing waste concerns and that submission of a Construction Traffic Management Plan is required.

On 19 November 2018, Council received an amended Construction Traffic Management Plan and amended basement levels to address waste management concerns.

SITE

The 1283m²site comprises two separate allotments, Nos. 417 and 419 Pacific Highway Asquith, with a combined street frontage of 31.82m to the Pacific Highway. The site has a minor cross fall of 2m towards the north east corner frontage. Overhead power lines and a concrete footpath exist along the Pacific Highway frontage.

The site contains two dwellings with associated outbuildings and landscaping and a number of exotic, native and locally indigenous trees.

The site includes an existing heritage item, namely the dwelling house at Nos. 419 Pacific Highway, Asquith which is listed under Schedule 5 of Hornsby Local Environmental Plan 2013.

The site is located within the Lords Avenue Asquith Precinct for five storey residential flat development and is located 270m north of Asquith Railway Station and 125m north of Asquith Commercial village which includes specialty shops and a Coles supermarket.

The surrounding area is undergoing transition for high density housing development and includes a mix of single dwellings houses and a mix of under construction and recently completed 5 storey Residential Flat Buildings (RFB). The site adjoins an existing detached dwelling to the south, a recently constructed five storey RFB (DA/889/2013) comprising 26 units to the rear western boundary at Nos. 14-16 Lords Avenue and an RFB under construction comprising 92 units to the north at Nos. 18-22 Lords Avenue, Asquith.

PROPOSAL

The proposal involves the demolition of existing structures and construction of a five storey residential flat building comprising 22 units with 3 levels of basement car parking.

The unit mix would comprise 1 x studio, 5 x 1 bedroom, 14 x 2 bedroom and 2 x 3 bedroom units. The units would be accessed via a lift centrally located in the building and would include balconies fronting the street and rear property boundaries.

The development would be accessed from the Pacific Highway via a driveway located along the northern boundary of the site. A separate pedestrian entry centrally located at the front of the property would provide access to all levels of the building via a landscaped pathway. A total of 26 car parking spaces, including 3 visitors’ parking spaces, 5 accessible spaces, 8 bicycle and 1 motorbike space is proposed in three basement levels. Two existing vehicle crossings would be removed and replaced by 1 vehicle crossing to the Pacific Highway.

ASSESSMENT

The development application has been assessed having regard to the ‘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 contributing to achieving the dwelling targets for the region.

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

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

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

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

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. Whilst the site is not in a heritage conservation area, the site at No.419 Pacific Highway includes a local heritage listed item (No. 22 – House), listed under Schedule 5 in the HLEP.

On 1 September 2017 Council approved DA/73/2017 for demolition of the heritage item at No. 419 Pacific Highway Street subject to photographic archival recording.

Council’s evaluation noted that the property was a good example of an Inter-War Californian Bungalow style dwelling and representation of the local area’s development. However, on a broader scale which includes the R4 High Density zoning and the desired future character for the precinct was considered to have removed the original context and setting of the dwelling, as a consequence no objections were raised to the items removal from Council’s heritage register.

No heritage concerns are raised to the subject proposal as consent has already been issued for demolition of the heritage item. Any future works are not required to meet the planning requirements under Section 9 of the Hornsby Development Control Plan (HDCP) 2013.

2.1.4 Earthworks

Subject to recommended conditions the proposal is satisfactory in respect to Clause 6.2 of the HLEP.

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

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

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

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

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 (Infrastructure) 2007

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

2.6.1 Development with Frontage to a Classified Road

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

The objective of this Clause is:

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

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

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

2.6.1.1 Frontage to Classified Road

The site has a frontage to the Pacific Highway with access being provided via a 6m wide driveway which restricts traffic movements to left-in/left-out towards the Pacific Highway. The proposal was referred to the Roads and Maritime Services (RMS) under the provisions of Section 138 of the Roads Act 1993 and no objections were raised regarding the location of the driveway subject to recommended conditions of consent.

A Traffic and Parking Impact Assessment submitted with the proposal estimates the traffic generation from the existing site and proposed development using Roads and Maritime Services (RMS) traffic generation rates. The net traffic generation is estimated to be 3 vehicle trips per hour in the AM and PM peak hours, which is negligible when compared with the traffic volumes on the adjacent road network.

In the vicinity of the development site, the Pacific Highway has two vehicular lanes per direction. In terms of carriageway capacity, this equates to 3,800 vehicles per hour. Given this, it is considered that the proposed development which would generate an additional 3 vehicle trips during AM and PM peak hour would not have an adverse impact on the safety, efficiency and ongoing operation of the Pacific Highway.

2.6.1.2 Impact of Vehicle Emissions

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

The current improvements on the site include dwelling houses that would currently be impacted upon by vehicle emissions and airborne dust particles due to the current traffic flow. The rezoning of the land to R4 High Density Residential pursuant to Council’s Housing Strategy has been the subject of consultation with the RMS and endorsed by the Department of Planning, who have not raised concern with regard to air quality in this area. The proposed development includes setbacks, landscaping, deep soil zones generally in accordance with the requirements of the Hornsby Development Control Plan which would ameliorate the impacts of noise and emissions. The proposed development would result in the net increase of 3 vehicles during peak hours and therefore, the additional impact due to vehicle emissions would be negligible.

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

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

The application is assessed as satisfactory in this regard.

2.6.1.3 Impact of Noise

Clause 87 of SEPP (Infrastructure) applies to the development as it would be impacted upon by the noise and vibration from the rail corridor and the Pacific Highway. In accordance with the requirements of the SEPP, the application has been assessed against the noise related controls contained within the Department of Planning’s publication “Development near Rail Corridors and Busy Roads – Interim Guidelines”.

The applicant has addressed this requirement by submitting a detailed Acoustic Assessment report prepared by Acoustic Logic. The report provides details of construction techniques and measures to attenuate rail noise and vibration. The report concludes that the development would not exceed the specified noise criteria and L_Aeqlevels within Clause 87 of the SEPP (Infrastructure) subject to adherence to the recommendations and the recommended conditions of consent.

2.6.1.4 Traffic Generating Developments

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

2.6.2 Excavation Adjacent to Rail Corridors

Clause 86 of SEPP Infrastructure does not apply to the subject development as the proposed site is not within 25 metres of a rail corridor, Notwithstanding, Sydney Trains commented on the application as an adjoining land owner and provided recommended conditions to ensure protection of the rail corridor requiring a geotechnical report, noise and vibration conditions and requirements to ensure crane and other aerial operations do not intrude into the airspace above the train corridor. The Sydney Trains conditions have been recommended in Schedule 1.

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

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

The SEPP adopts the Apartment Design Guide which prevails in the event of any inconsistency with a Development Control Plan. The SEPP includes objectives to meet housing and population targets, affordable housing and to facilitate timely and efficient assessment of development application. The SEPP makes further provision for design review panels; include additional provisions for the determination of development application and for standards for car parking, visual privacy, solar and daylight access, common circulation and spaces, apartment size and layout, ceiling heights, private open space and balconies, natural ventilation and storage, which cannot be used as grounds for refusal of development consent.

The applicant submitted a Design Verification Statement prepared by a registered architect stating how the proposed development achieves the design principles of SEPP 65.

The design principles of SEPP 65 and the submitted design verification statement are addressed in the following table.

Design Quality Principles

Principle	Compliance
1. CONTEXT	Yes
Comment: The site is located within a precinct planned for five storey residential flat buildings in close proximity to Asquith Railway Station and the Asquith commercial centre. The proposal responds to the desired future character of the precinct as envisaged by Council for residential flat buildings in landscaped settings with underground car parking. Once the development of the precinct is complete, the proposal would integrate with the surrounding sites and would be in keeping with the future urban form. The proposed building would contribute to the identity and future character of the precinct.
2. SCALE	Yes
Comment: The scale of the development is in accordance with the height control and setbacks for the precinct prescribed within the Hornsby DCP. The building footprint follows the irregular shape of the site and responds to the site constraints. The development achieves a scale consistent with the desired outcome for well-articulated buildings that are set back to incorporate landscaping, open space and separation between buildings.
3. BUILT FORM	Yes
Comment: The proposed building achieves an appropriate built form for the site and its purpose, in terms of building alignments, proportions, and the manipulation of building elements. The building would appropriately contribute to the character of the desired future streetscape and includes articulation to minimise the perceived scale. The proposed materials and finishes which includes 30% face brick would add to the visual interest of the development. Flat roof forms have been adopted with an increased top storey setback on the external facades to minimise the perceived bulk and height of the building as required by the Hornsby DCP.
4. DENSITY	Yes
Comment: The HLEP does not incorporate floor space ratio requirements for the site. The density of the development is governed by the height of the building and the required setbacks. The proposed density is considered to be sustainable as it responds to the regional context, availability of infrastructure, public transport, community facilities and environmental quality and is acceptable in terms of density.
5. SUSTAINABILITY	Yes
Comment: The application includes good sustainable design including the use of natural cross ventilation and sunlight for amenity, liveability of residents. The applicant has submitted a BASIX Certificate for the proposed development. In achieving the required BASIX targets for sustainable water use, thermal comfort and energy efficiency, the proposed development would achieve efficient use of natural resources, energy and water throughout its full life cycle, including demolition and construction.
6. LANDSCAPE	Yes
Comment: The application includes a landscape plan which provides landscaping along the street frontage, both sides and rear boundaries. Medium to large trees are proposed each boundary intercepted by shrubs and hedges which would soften the appearance of the development when viewed from the Pacific Highway and adjoining sites. Deep soil areas that incorporate canopy trees are provided around the building envelope which would enhance the development’s natural environmental performance and provide an appropriate landscaped setting. The landscape design provides planting around the entire building, which softens the overall appearance of the building, integrates the new building into the existing landscaped area and provides screening to adjoining properties.
7. AMENITY	Yes
Comment: The proposed units are designed with appropriate room dimensions and layout to maximise amenity for future residents. The proposal incorporates good design in terms of achieving natural ventilation, solar access and acoustic privacy. All units incorporate adequate indoor and outdoor spaces with balconies accessible from living areas and privacy has been achieved through appropriate design and orientation of balconies and living areas. Storage areas have been provided within each unit and in the basement levels. The proposal would provide efficient and safe access to service areas and all residential units via a central lift connecting the basement and all other levels.
8. SAFETY AND SECURITY	Yes
Comment: The design orientates balconies and windows of individual apartments towards the Pacific Highway, providing passive surveillance of the public domain. Both the pedestrian and vehicular entry points are secure and visibly prominent from the street. The proposal includes an assessment of the development against crime prevention controls in the Statement of Environmental Effects (SEE). The SEE has regard to Crime Prevention Through Environmental Design Principles (CPTED) and includes details of surveillance, access control, territorial reinforcement and space management such as artificial lighting in public places; attractive landscaping whilst maintaining clear sight lines; security coded door lock or swipe card entry; physical or symbolic barriers to attract, channel or restrict the movement of people; security controlled access to basement car park; intercom access for pedestrians; and security cameras located at the entrance of the building. Appropriate conditions of consent are recommended to ensure that there is a positive relationship between public and private spaces achieved through clearly defined secure access points and well-lit and visible areas that are easily maintained.
9. SOCIAL DIMENSIONS AND HOUSING AFFORDABILITY	Yes
Comment: The proposal incorporates a range of unit sizes to cater for different demographics, living needs and household budgets. The development complies with the housing choice requirements of the HDCP by providing a component of adaptable housing and a mix of 1, 2 and 3 bedroom dwellings. The proposal responds to the social context in terms of providing a range of dwelling sizes with good access to social facilities and services as the site is located in close proximity to Asquith Railway Station and existing retail / commercial centre. The communal open space at the rear of the site with lawn areas provides opportunities for social interaction amongst residents.
10. AESTHETICS	Yes
Comment: The architectural treatment of the building incorporates indentations and projections in the exterior walls with balcony projections to articulate the facades. The roof is flat to minimise building height and incorporates eaves to provide shade across the top storey wall. The articulation of the building, composition of building elements, textures, recycled materials and colours would achieve a built form generally consistent with the design principles contained within the Apartment Design Guideline and the HDCP.

2.8 Apartment Design Guide

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

Apartment Design Guide
Control	Proposal	Requirement	Compliance
Deep Soil Zone	48%	7% of site area	Yes
Communal Open Space	25%	25%	Yes
Ground Level Private Open Space	>15m² Min Depth of 3m	15m² Min Depth of 3m	Yes Yes
Solar Access (Living rooms and private open space areas)	77% (17/22)	2 hours for 70% of units	Yes
No Solar Access allowable for units	22% (5/22)	15% of units (max)	No
Natural Cross Ventilation	81% (18/22)	60%	Yes
Minimum Dwelling Size	Studio – 35.4m² 1 br – 55m²- 57m² 2 br – 75m²- 101m² 3 br – 102m²- 114m²	Studio – 35m² 1 br – 50m² 2 br – 70m² 3 br – 90m² + 5m² for additional bathrooms	Yes Yes Yes Yes Yes
Habitable room depth from a window for open plan layout	0m to 8m	8m from a window (max)	Yes
Minimum Ceiling Height	2.7m	2.7m (habitable rooms) 2.4m (non-habitable rooms)	Yes
Minimum Balcony Size	Studio – 14.08m² 1 br 14m² - 29m² 2 br – 11m²- 25m² 3 br – 23m²- 62m²	Studio 4m² 1 bedroom 8m² 2 bedroom 10m² 3 bedroom 12m²	Yes Yes Yes Yes
Maximum Number of Units on a Single Level	5 units	8 units off a circulation core	Yes
Total Storage Area	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	Yes Yes Yes Yes

2.8.1 Solar Access and Ventilation

The proposal demonstrates that 77% of units would receive at least 2 hours of solar access during the winter solstice which complies with the minimum 70% requirement under the ADG. The ADG also requires that not more than 15% of apartments receive no solar access. The proposal does not comply with this requirement as 22% of units (5/22) receive no solar access. To achieve the minimum 15% compliance, 2 additional units would have to receive solar access. To improve amenity to these units, oversized balconies have been provided and large areas of glazing to improve natural light to the living areas. A large proportion of the units comprise a dual aspect which allows 81% (18/22) of units to achieve cross ventilation.

Notwithstanding, the proposed development achieves 77% overall solar access which is considered satisfactory given the north-south orientation of the site. The communal open space at the rear provides 100% solar access and offers additional amenity to residents, including to the 5 units that do not achieve solar access.

The proposed development has incorporated larger balconies then required by the ADG to promote solar access and the only units not achieving full compliance are located along the southern elevation only which is unavoidable given the orientation of the site. The unit layouts combined with large balconies provide good amenity for users and accordingly the non-compliance to the solar access requirement is supported.

2.8.2 Ground Floor Apartments and Private Open Space

The ADG encourages separate entries for ground floor apartments and private gardens areas at ground level.

All ground floor units with the exception of Unit 4 (studio) achieve the ADG requirement for ground floor open space comprising a minimum area 15m² and dimension of 3.5m.

The ADG stipulates that the minimum size for private open space for a studio should be 4m², the proposed studio at ground level provides 14m² which is considered acceptable and more than adequate for a 35m² studio unit.

The private open space areas have been designed in accordance with the requirements of the HDCP for deep soil areas with the setbacks providing for communal open space and landscaping at the rear. The ground floor open space areas comply with the minimum area requirements of the ADG and are acceptable.

6.4.5 Acoustic Privacy

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

2.8.3 Apartment Size and Layout

The proposed residential flat building incorporates a mix of single aspect and corner units comprising 1 x studio and a mixture of one, two and three bedroom apartments. The majority of apartments would be well ventilated with large balconies.

The proposed layout of all units consist of open plan living/dining rooms that have a minimum width of 3.6m for studio and one bedroom units and a minimum width of 4m for two and three bedroom units and all window areas in habitable rooms are greater than 10%. This complies with the controls of the ADG. As the majority of units have also been designed for adequate cross ventilation, it is considered that these layouts are well designed and functional for a majority of units.

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

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

2.8.4 Internal Circulation

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

2.8.5 Storage

2.8.6 Facades

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

2.10 Hornsby Development Control Plan 2013

Hornsby Development Control Plan 2013
Control	Proposal	Requirement	Compliance
Site Width	31.82m	30m	Yes
Height	5 storeys 17.4m	5 storeys 17.5m	Yes Yes
Lowest Residential Floor Above Natural Ground Level	1.2m	1.5m (max)	Yes
Maximum Floorplate Dimension	22.5m (N/S) 23.4m ( E/W)	35m 35m	Yes Yes
Building Indentation	N/A	Not required	Yes
Height of Basement Above Ground	1m	1m (max)	Yes
Front Setback	10m 8m (for 4m) < 1/3 frontage 7m (balconies)	10m 8m (for 7.6m) < 1/3 frontage 7m (balconies)	Yes Yes Yes
Side Setback (Northern)	6m 4m (for 8m) < 1/3 frontage No balconies	6m 4m (for 7.8m) < 1/3 frontage 6m (balconies)	Yes No Yes
Side Setback (Southern)	6m 6m (for 7.5m) < 1/3 frontage No balconies	6m 4m (for 7.8m) < 1/3 frontage 6m (balconies)	Yes Yes Yes
Rear Setback	10m 6m (for 7m) < 1/3 frontage 7m (balconies)	10m 8m (for 7.6m) < 1/3 frontage 7m (balconies)	Yes Yes Yes
Top Storey Setback from Ground Floor	2-6m	3m	No
Basement Ramp Setback	4m	2m	Yes
Deep Soil Landscaped Areas	7m-front and rear 4m- (both sides)	7m-front and rear 4m sides	Yes Yes
Communal Open Space with Minimum Dimensions 4m	>50m² (min) 25%	50m² (min) 25%	Yes Yes
Parking	23 resident spaces 3 visitor spaces 8 bicycle racks 1 motorbike space	22 resident spaces 3 visitor spaces 5 bicycle racks 1 motorbike space	Yes Yes Yes Yes
Solar Access	77%	70%	Yes
Housing Choice	9% of 3bdr	10% of each type (min)	No
Adaptable Units	10%	10%	Yes

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

2.10.1 Desired Future Character

The site is included in the Lords Avenue, Asquith Precinct precinct which was rezoned from Residential A (Low Density) to R4 (High Density Residential) as part of Council’s Housing Strategy.

Council has established a panel of suitably qualified architecture and urban design professionals to undertake a review of the design quality of relevant developments. Accordingly, the application was referred to GM Urban Design and Architecture to undertake an independent urban design review of the proposal. A copy of the advice was subsequently referred to the applicant, and it was requested that the matters raised be addressed as well as additional Council concerns. The applicant subsequently provided amended plans which have satisfactorily addressed the urban design comments and Council concerns.

The proposed building is designed in accordance with the key principles for the precinct for well-articulated five storey residential flat buildings in garden settings with basement car parking. The building is generally well articulated, stepped to the topography of the site and is setback to provide appropriate landscaping and streetscape presentation.

The proposed built form, façade treatment, materials and finishes are in accordance with the prescriptive measures for the desired future character of the area.

2.10.2 Site Requirements

The HDCP requires sites to have a minimum frontage of 30m. The subject site has a frontage of 31.82m to Pacific Highway and complies with this requirement. The proposal would not result in isolation of any property as two lots exist to the south of the site that could be amalgamated as part of future five storey development. In this regard, the proposal would not result in an isolated site or compromise development in accordance with the HDCP.

2.10.3 Height

The proposed five storey building has a maximum height of 17.4m which includes the lift overrun and complies with the maximum 17.5m building height control.

The proposal would meet the HDCP desired outcome for height.

2.10.4 Setbacks

As noted in the table above, sections of the building do not comply with the setback requirements as follows:

Northern Side Setback

The HDCP requires a minimum building side setback of 6m, which can be reduced to 4m for a maximum of 1/3 of the building width.

A portion of the northern elevation from Levels 1-4 which projects to 4m from the side boundary would exceed the HDCP setback allowance by 0.2m. The non-compliance would not be perceptible from the streetscape or surrounding properties and would not cause any privacy impacts to adjoining properties as the rooms include bedrooms and the design has incorporated splayed window openings.

Top Storey Setback

The majority of the building incorporates a 3m building setback for the top storey element. The front building element of the top storey has adopted significant setbacks ranging from 3m to 6m to reduce the overall bulk of the building when viewed from the Pacific Highway. However, minor portions of the southern side and western rear top storey setbacks do not comply with the numerical requirements of the HDCP.

The non-compliances are predominantly located within the building indentation and are a result of the irregular shape of the lot. The building when viewed from the Pacific Highway incorporates a distinct top, middle and base and is not negatively impacted due to the top storey setback non-compliance.

It is considered that the overall intent of the top storey setbacks provision is achieved given that the proposal includes a well-articulated built form and is therefore considered to be acceptable.

2.10.5 Built Form and Separation

Building separation

The development would adjoin an existing five storey development to the west and a future five storey development to the north which is under construction. No development application has been lodged for a five storey development to the south.

The building complies with the building separation requirements on all sides and at all levels. The building is predominately orientated towards the street frontage and the rear western boundary, away from adjoining properties with windows facing adjoining sites typically incorporating smaller windows with splayed walls/windows to achieve privacy to adjoining developments along the northern and western elevations where technical compliance with the ADG cannot be achieved.

The proposed development is assessed as satisfactory with regard to building separation and the minor non-compliances are considered acceptable.

Articulation

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

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

· Indentations and projections in the alignment of exterior walls;

· The inclusion of balconies that project from exterior walls, vertical block elements, stepped levels of the building, rooftop terrace with landscaping above and large proportion of openings at the topmost storey; and

· The building would incorporate a varied use of finishes including 30% of facebrick, light render columns and a dark toned colour palette with lightweight balconies.

The design of the floor-plate, the proposed indentations and projections and the articulation of the facades are in accordance with the “Design” element of the HDCP.

2.10.6 Privacy and Security

The proposed development is appropriately designed for privacy with the majority of units having an orientation to the street or the northern side boundary. Habitable rooms and balconies have been strategically located to provide adequate building separation with the same approved for the residential flat buildings on the northern and western adjoining properties. Appropriate privacy mitigation measures including splayed walls with window openings have been implemented on the northern and southern facades where the building separation is less than the minimum 12 metres as required by the ADG.

The proposed development would provide for casual surveillance of the public domain. Appropriate conditions are recommended for security access and crime prevention.

Subject to conditions, the proposal complies with the requirements of the HDCP.

2.10.7 Open Space

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

Section 3.4.8(g) of the HDCP requires that a principal communal open space is provided for each residential flat building of 10 or more dwellings. The principal communal open space area would be located at the rear of the building and would be directly accessed via a central stairway from the front foyer to rear.

A condition is recommended requiring an outdoor table setting and a minimum of one (1) bench seat be provided within the communal open space area to encourage social interaction between residents. The proposal is assessed as satisfactory in this regard.

2.10.8 Landscaping

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

Amended plans included an additional basement level to comply with the deep soil basement parking setback, removal of disabled access ramps from the front setback which were replaced by a stair lift, pathways at the sides of the building were deleted and replaced by a central internal corridor to the communal open space at the rear, front fences were amended to step back from the front boundary to provide landscaping in-front of the fences to soften the appearance of the fence and the building and additional landscaping was provided on the landscape plan.

The landscape plan proposes 20 canopy trees to be planted at ground level intercepted by hedges and shrubs. The landscaping would include a mix of locally indigenous and exotic trees in suitable locations that would contribute to the streetscape setting and the local tree canopy.

A communal open space area with associated small to medium trees is located at the rear of the building that is readily accessed by the residents. A condition is recommended that seating and a BBQ be provided in the communal open space area to encourage social interaction between residents.

The submitted landscape plan is considered acceptable and would provide medium to large sized trees along the periphery of the development enhancing the tree canopy of the locality and providing privacy to adjoining development.

2.10.9 Sunlight and Ventilation

The prescriptive measure of the HDCP requires at least 70% of the dwellings to receive 2 or more hours of sunlight to living room windows and private open space between 9am and 3pm on 22 June. 77% of residential apartments would receive a minimum of two hours of direct sunlight between 9.00 am and 3.00 pm in mid-winter and all the units are naturally cross ventilated which complies with the HDCP and ADG requirements.

2.10.10 Housing Choice

The proposal does not satisfy the housing mix requirements of the HDCP, which requires the development to comprise a minimum of 10% of each 1 bedroom, 2 bedroom and 3 bedroom dwellings as only 2 x 3 bedrooms are proposed which represents 9% of the unit mix.

The original proposal did not propose any 3 bedroom units. Amended plans were submitted which located a 3 bedroom unit on the ground and the 5th floor. It is considered the minor non-compliance is negligible and the dwelling mix would assist to enhance the housing choice within the Asquith area as well as increase the amount of housing stock.

An Access Report was submitted with the application to support the proposed development.

The HDCP requires the provision of least 10% of proposed dwellings should be Adaptable Housing, designed to meet the needs of residents as they age and at least 20% of proposed dwellings should be Universal Design housing in accordance with the Liveable Housing Guidelines (2012) silver level design features. Units 6, 11 and 16 are considered adaptable units and all three of these units are capable of being adaptable or silver design, additionally, Units 3 and 8 are capable of achieving the Silver design level.

2.10.11 Waste Management

The submitted Waste Management Plans for the demolition stage and construction stage of the proposed development are acceptable subject to recommended conditions.

The proposed basement waste collection and storage facilities would enable servicing by Council’s SRV waste collection vehicle in accordance with Section 1C.2.3 of HDCP. Appropriate conditions are recommended for design and management of waste facilities.

The proposed waste management system is satisfactory in respect to the HDCP controls subject to recommended conditions.

2.10.12 Vehicular Access and Parking

Vehicle access to the proposed basement car park is via a 6m wide driveway off the Pacific Highway. The driveway ramp includes a concrete medium to prevent right hand turn movements onto the pacific highway.

The proposed driveway, basement car parking area and resident bicycle parking areas are in accordance with the HDCP prescriptive measures subject to recommended conditions.

The basement car park includes sufficient storage for residents subject to condition for storage spaces to meet the minimum area requirement according to unit size of the ADG.

2.10.13 Key Development Principles

The proposed development is satisfactory in meeting the Key Development Principles for the Lords Avenue, Asquith Precinct in respect to strategy, landscape setting and built form.

2.11 Section 7.11 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2014-2024 applies to the development as it would result in an additional 20 residential dwellings in lieu of the 2 existing residences. Accordingly, the requirement for a monetary Section 7.11 contribution is recommended as a condition of consent.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The subject site and adjoining land contains a mix of Indigenous tree species native to Hornsby Shire and exotic tree species not native to Hornsby Shire.

The application is supported by an Aboricultural Impact Assessment prepared by Earthscape Horticultural Services, dated February 2018.

Ten trees within the property would be removed to accommodate the construction of the building, driveway ramp and construction access which comprises T1 (Red Flowering Gum), T2 (Crepe Myrtle), T3 (Weeping Bottlebrush), T4 (Bottlebrush), T5 (Weeping Bottlebrush), T6 (Crepe Myrtle), T12 Row of 7 x (Fringed Wattle), T13 (Jacaranda), T14 (Rough Tree Fern) and T16 (Golden Robinia).

Of these trees, 8 trees are proposed to be removed to accommodate the building footprint and driveway ramp, 1 tree would be removed as a consequence of construction works and front entry path and 1 grouping of Fringed Wattles at the rear would be removed as a consequence of new landscape planting.

Council’s tree assessment of the proposal raised no objections to the removal of these trees as the trees are not considered worthy of protection, are located within the building footprint and would be replaced by 20 trees as identified on the landscape plan. Subject to the replacement planting of a minimum 10 additional trees and conditions requiring tree protection fencing and appointment of an arborist to oversee the construction works near trees, maintain tree health, ground protection and ensure sensitive construction techniques are used during construction, no objections are raised regarding tree impacts.

3.1.2 Stormwater Management

3.2 Built Environment

3.2.1 Built Form

The development achieves a scale consistent with the desired outcome for well-articulated buildings that are set back to incorporate landscaping, open space and separation between buildings. The proposal incorporates a high quality facade with a balanced composition of varied building elements including, a mix of dark bricks and a mix of materials and colours to break up the development and reduce the overall bulk, which achieves an appropriate built form for the site and its purpose, in terms of building alignments, proportions, and the manipulation of building elements. An increased top storey setback on the external facades has been incorporated to minimise bulk and height of the building as required by the HDCP.

The proposed scheme has been designed to aesthetically fit within the envisaged future streetscape and character of the area and would present as a contemporary and coherent development. The façade structure and design would complement the surrounding and envisaged streetscape and respect the amenity of adjacent forms. Softscape landscaping has also been used to soften the edges of the site and provide privacy for existing residential dwellings to the west and existing and proposed units to the north and south.

3.2.2 Traffic

The site has frontage to a State road, the Pacific Highway. The impact of the traffic generated by the proposal, on the local road network has been discussed in Section 2.6.1 of this report.

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

These improvements have been included in the Works Schedule in Council’s Section 94 Development Contribution Plan 2012 – 2021 for implementation. These works would provide for the increase in traffic in the area and ease of traffic flow within the existing network.

3.3 Social Impacts

The location of the development is in close proximity to Asquith Railway Station and Asquith specialty shops which includes a Coles supermarket, recreational, health and education facilities for future residents.

3.4 Economic Impacts

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 14 June 2018 and 29 June 2018 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received 1 submission. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

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

One submission objected to the development, generally on the grounds that the development would result in the loss of a heritage item. The merits of the matters raised in this community submission has been addressed in the body of the report under Section 2.1.3 (Heritage Conservation).

5.2 Public Agencies

The development application was referred to Maritime Services for comment. Sydney Trains was notified of the development as an adjoining property owner.

The public agencies granted concurrence to the proposal subject to recommended conditions.

6. THE PUBLIC INTEREST

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

CONCLUSION

The proposal is for demolition of existing structures and erection of a 5 storey residential flat building comprising 22 units with a basement car park.

The proposed development generally complies with HLEP and the HDCP and results in an acceptable planning outcome for the site.

The proposal is satisfactory in respect to SEPP65 and complies with the Apartment Design Guide criteria for mixed use development, apartment layout, internal circulation, acoustic amenity and storage. The proposal meets the desired outcomes of the HDCP controls for scale, setbacks, open space, landscaping, privacy and security, sunlight and ventilation, housing choice, vehicle access and parking, accessible design and waste management; subject to recommended conditions.

Council received one submission during the public notification period. The matters raised have been addressed in the body of the report and where appropriate, conditions have been recommended to minimise disruption to residential amenity.

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

The reasons for this recommendation are:

· The proposal results in appropriate scale of development and satisfactorily complies with the relevant provisions SEPP65 and the HDCP.

· The proposed development does not create unreasonable environmental impacts to adjoining development with regard to visual bulk, overshadowing, solar access, amenity or privacy impacts.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Report is Matthew Miles, Senior Town Planner.

Cassandra Williams

Team Leader - Major Applications

Planning Division

Rod Pickles

Manager - Development Assessment

Planning Division

Attachments:

1.	Locality Plan
2.	Plans Architectural
3.	Landscape Plans

File Reference: DA/509/2018

Document Number: D07566110

SCHEDULE 1

GENERAL CONDITIONS

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

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

1. Approved Plans and Supporting Documentation

*Plan No.*	*Plan Title*	*Drawn by*	*Dated*	*Council Reference*
DA01, Rev F	Site plan	Gelder Architects	27/11/2018
DA03, Rev F	Basement 1	Gelder Architects	27/11/2018
DA02, Rev E	Basement 2	Gelder Architects	26/10/2018
DA12, Rev A	Basement 3	Gelder Architects	15/08/2018
DA04, Rev F	Ground floor plan	Gelder Architects	27/11/2018
DA05, Rev F	First floor plan	Gelder Architects	27/11/2018
DA06, Rev F	Second floor plan	Gelder Architects	27/11/2018
DA07, Rev F	Third floor plan	Gelder Architects	27/11/2018
DA08, Rev F	Fourth floor plan	Gelder Architects	27/11/2018
DA09, Rev F	Elevations 1	Gelder Architects	27/11/2018
DA10, Rev F	Elevations and Section	Gelder Architects	27/11/2018
Ref 2-1818-E08-01	Materials and finishes,	Gelder Architects	No date
DA14 and DA15, Rev A	Materials and finishes sht 1 and 2	Gelder Architects	15/08/2018
Sheet 1, Issue C	Landscape site plan	Paul Scrivener	30/08/2018
Sheet 2, Issue C	Planting plan	Paul Scrivener	30/08/2018
DA16, Rev A	Construction management plan	Gelder Architects	05/10/2018

*Document Title*	*Prepared by*	*Dated*	*Council Reference*
SYD18/00982	Roads and Maritime Concurrence	25/10/2018	D07549060
Sydney Trains Response	Sydney Trains	3/07/2018	D07477638
919177M_02	Building sustainability assessments	31/08/2018	D07525677
Arboricultural Impact Assessment	Earthscape Horticultural Services	4/4/2018	D07458804
SWDPO1-SWDP11 – Concept stormwater drainage plans, Revision B	Capital Engineering Consultants	23/08/2018	D07525685
Traffic and parking assessment, Rev C	Transport and traffic planning associates	May 2018	D07458824
Geotech report	Ascent geotechnical consulting	21/03/2018	D07458810
Acoustic report	Acoustic logic	20/03/2018	D07458801
Crime risk assessment	Gelder Architects	May 2018	D07458809
Access report	Lindsay perry access	14/04/2018	D07458809
Survey plan	NGEO Surveys	22/04/2017	D07458822
Construction Traffic Management Plan, 18016, Rev B	Transport and traffic planning associates	Nov 2018	D07567534

2. Appointment of a Project Arborist

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

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

3. Removal of Trees

a) This development consent permits the removal of trees numbered 1, 3, 4, 5, 6, 12, 13, 14 and 16 as identified on Appendix 6 contained in the Arboricultural Impact Assessment submitted by Earthscape Horticultural Services dated 4/4/2018 and T2 due to the construction works resulting in adverse health impacts on this tree.

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

Description	Contribution (4)
Roads	$8,005.40
Open Space and Recreation	$209,044.70
Community Facilities	$80,363.00
Plan Preparation and Administration	$674.20
TOTAL	$298,087.30

Being for 6 x 1 bedroom units, 14x 2 bedroom units and 2 x 3 bedroom units and 2 lots to credit.

b) The value of this contribution is current as at 26 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.

6. Materials and finishes

The approved elevation plans and schedule of finishes must provide a minimum of 30% of exposed brick on each façade.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

7. Dilapidation Report (Prior to demolition)

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

a) Lot 1 DP 1228519, No. 14-16 Lords Avenue, Asquith,

b) Lot 100 DP 1237210, No. 18-22 Lords Avenue, Asquith; and

c) Lot 4 DP 136220, No.415 Pacific Highway, Asquith.

8. Building Code of Australia

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

9. 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".

10. Contract of Insurance (Residential Building Work)

11. Notification of Home Building Act 1989 Requirements

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

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

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

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

i) The name of the owner-builder; and

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

12. Sydney Water – Approval

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

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

13. Utility Services

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

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

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

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 kerb line in the Pacific Highway generally in accordance with the plans prepared by Capital Engineering Consultants Drawing No SWDP05 Rev A.

b) Be in accordance with the requirements of the RMS.

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 36.10 cubic metres, and a maximum discharge (when full) of 20 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) Not be constructed in a location that would impact upon the visual or recreational amenity of residents.

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

b) The driveway be a rigid pavement.

c) The driveway grade to basement level 1 must not exceed 15.4 percent and changes in grade must not exceed 8 percent.

d) The driveway shall have a minimum width of 5.5m at the kerb line and at the property boundary and this width shall extend into the property for the first 6m. The maximum grade of the driveway for the first 6m inside the property boundary shall be 1:20.

e) A turning area for garbage services shall be provided in accordance with Australian Standards AS 2890.2 for an SRV to ensure garbage vehicle can enter and leave the site in a forward direction.

17. Footpath

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

a) The existing footpath being removed.

b) Pouring of 1.2m wide concrete footpath to the full frontage of the subject site.

c) The land adjoining the footpath to be fully turfed.

d) Any public utility adjustments to be carried out at the cost of the applicant and to the requirements of the relevant public authority.

18. Vehicular Crossing

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

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

b) The driveway design is to comply with the requirements of the RMS and Councils Civil Works Specification;

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.

19. Water Saving Urban Design

In accordance with the engineering plans prepared by Capital Engineering Consultants project No SW18030 two 7,000 litre rain water tanks are to be constructed. At least 80% of the roof area is to be connected to the rain water tanks. The rain water tanks are to be connected to all toilets, washing machines and outdoor taps.

20. Road Works

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

a) The existing kerb and gutter is to be removed and reconstructed across the frontage of the site in the Pacific Highway.

b) The existing road pavement to be saw cut a minimum of 500 mm from the existing edge of the bitumen and reconstructed.

c) The replacement of the kerb and gutter is to be in accordance with the requirements of the RMS and Hornsby Shire Council.

21. Adaptable Units/Letter Boxes/Storage

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

a) The development is required to provide 2 units designed as adaptable housing pursuant to the requirements of 1C.2.2 of the Hornsby Development Control Plan 2013. In this regard, 2 car parking spaces are to be designed for people with a disability and allocated to 2 accessible units;

b) The letter boxes must be located as shown on the approved landscape plan, dated 30.8.2018, Issue C, Job Ref 18/1981.

c) The details of front fences must be in accordance with DA09, Elevations 1, Amendment F, dated 27 November 2018.

d) Each dwelling within the development must have a minimum area for storage (not including kitchen and bedroom cupboards) of 6m³ for one bedroom units, 8m³for two bedroom units and 10m³ for three bedroom units, where 50% is required to be located within the apartment and accessible from either the hall or living area.

22. Waste Management Details

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

a) The waste facilities on each residential level must be accessible by persons with a disability (a garbage bin and recycling bin in a cupboard), must have internal dimensions of no less than 1.5 m wide by 0.9 m deep, and double doors of width no less than 1.5 m.

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

23. Construction Management Plan (CMP)

Prior to the issue of the Construction Certificate, the Construction Management Plan (D07570219) prepared by Transport and Traffic Planning Associates, Revision C, dated November 2018, is to be resubmitted to Hornsby Shire Council for approval at compliance@hornsby.nsw.gov.au, including the following information.

a) The CMP must detail the emails, phones numbers and mailing addresses for the developer, builder, private certifier and any emergency details during and outside work hours.

b) Within the Appendices, the CMP must include an approval from Roads and Maritime Authority (RMS) to construct the temporary construction access.

c) Within the Appendices, a certificate from a structural engineer is to be included showing that the temporary construction access is sufficient to deal with the weight loading of Heavy Rigid Vehicles (HRV) throughout construction phases.

d) The CMP is to be signed by the contracted builder (as listed in the contact information) who will be on site during the works, confirming that they have read and understand the document.

24. Noise – Rail Corridor

The development must be carried out in accordance with the recommendations contained within the acoustic report submitted with the development application, titled, DA Acoustic assessment, report No. 20180221.1/2003A/R0/MF prepared by Acoustic Logic, dated 20/03/2018 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.

25. Heritage Conservation

A photographic and measured drawing archival record of the heritage listed property at No.419 Pacific Highway, Asquith shall be taken by a suitable qualified professional prior to the demolition of any structures on the site. The photographic record should be undertaken in accordance with the Office of Environment and Heritage, Heritage Branch guidelines and one (1) complete copy submitted to Hornsby Council, plus an electronic copy. The photographic and measured drawing record shall include (but not be limited to) an accurate record of the exterior and interior of the dwelling-house, all physical features that contribute to its cultural significance and the context of the site. Satisfaction of this condition shall be confirmed by written advice by Council’s Strategic Planning Branch.

Please refer to the Heritage Council’s guidelines on how to carry out and prepare a photographic record of historic places

http://www.environment.nsw.gov.au/resources/heritagebranch/heritage/infophotographicrecording2006.pdf

26. Sydney Trains Requirements

a) Prior to the issue of a Construction Certificate the applicant is to engage an Electrolysis Expert to prepare a report on the Electrolysis Risk to the development form stray currents. The applicant must incorporate in the development all the measures recommended in the report to control that risk. A copy of the report is to be provided to the PCA with the application for the construction certificate.

b) If a crane is to be used at any stage of the proposed works, the following condition applies:

i) Prior to the issuing of a Construction Certificate the Applicant is to submit to Sydney Trains a plan showing all craneage and other aerial operations for the development and must comply with all Sydney Trains requirements. The Principal Certifying Authority shall not issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

27. 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.

28. Geotechnical and Structural Stability and Integrity

Prior to the commencement of works, the Applicant shall provide certification from a qualified Geotechnical/Structural Engineer stating that the proposed works will have no negative impact on the rail corridor and associated rail infrastructure.

29. 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.

d) 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.

30. Installation of Tree Protection Fencing

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

b) All tree protection fencing for the trees to be retained must be erected as specified in the submitted Arboricultural Impact Assessment provided by Earthscape Horticultural Services dated 4/4/2018 TRIM: D07458804.

31. 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”.

32. Tree Crown (canopy) Protection

Tree Crown protection 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”

33. 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.

34. 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.

35. Erosion and Sediment Control

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

REQUIREMENTS DURING DEMOLITION AND CONSTRUCTION

36. Construction Work Hours

37. Excavation

A Geotechnical consultant shall be engaged to monitor vibration during the excavation stage and shall submit certification to the PCA that the recommendations of the Geotechnical report prepared by Ascent Geotechnical Consulting, Ref AG 18030, dated 21 March 2018 have been complied with.

38. Compliance with Construction Management Plan and Geotechnical report

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

a) The Council approved Construction Management Plan must be complied with for the duration of works, unless otherwise approved by Council.

b) The recommendations within Section 3.6 of the Geotechnical Investigation Report prepared by Ascent Geotechnical Consulting, Ref AG 18030, dated 21 March 2018 regarding excavation and vibration.

39. Council and RMS (Roads and Maritime Services) Property

40. 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.

41. Street Sweeping

To protect the surrounding environment, Street sweeping must be undertaken following sediment tracking from the site in all areas 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.

42. Demolition

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

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

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

43. Waste Management

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

44. Environmental Management

45. Council Property

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

46. 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.

47. Landfill

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

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

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

48. 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 tipping dockets submitted to the Principal Certifier prior to the issue of an Occupation Certificate.

49. Survey Report

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

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

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

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

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

50. Works Near Trees

a) No consent is granted for any works within the Structural Root Zone of trees to be retained.

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

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.

51. 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”

52. 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.

53. 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.

54. 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.

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:

55. Principal Communal Open Space

The communal open space area at the rear of the site shall include an outdoor table setting, a BBQ and a minimum of one (1) bench seat to be provided to encourage social interaction between residents.

56. Hydrant Booster Screening

Screening of any required fire hydrants must be designed to comply with Australian Standard AS2419.1 ‘Fire hydrant installations System design, installation and commissioning’ as adopted by the current version of the BCA and in accordance with approved plan No.DA09, titled ‘Elevations 1’ Amendment E, dated 26.10.2018.

57. Maintain Canopy Cover /or/ Replacement Tree Requirements

a) All trees approved to be removed as part of this consent must be replaced by a minimum of 10 trees to be planted on the site.

b) 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 Angophora costata (Sydney red Gum) or Syncarpia glomulifera (Turpentine)

c) 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 trees must be a minimum 50 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) All replacement trees must have the potential to reach a mature height greater than 8 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

58. Final Certification Arborist

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

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

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

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

Note: Copies of monitoring documentation may be required

59. Street Tree Plantings

a) Pacific Highway - 2x ‘Tristaniopsis laurina’ trees as indicated on the landscape plan must be planted in the front verge along Pacific Highway. Replacement planting to this front verge at 5 metre spacing.

b) Trees are to be installed at minimum 75 Litre pot size and located in mulched planted beds 1000mm long and min 600mm wide, with 3 x hardwood stakes. Trees are to be located to ensure sight lines for cars leaving driveway are safe.

c) Trees must be maintained and/or replaced until they reach a height of 3m.

60. Completion of landscaping

Note: Applicants are advised to pre-order plant material required in pot sizes 45 litre or larger to ensure Nurseries have stock available at the time of install.

61. Fulfilment of BASIX Commitments

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

62. 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.

63. Identification of Survey Marks

A registered surveyor must certify that all survey marks in the vicinity of the proposed development have been preserved or restored to the requirements of Section 24 (1) of the Surveying and Spatial Information Act 2002 and following the Surveyor General’s Directions No.11 – "Preservation of Survey Infrastructure".

64. 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 have been connected to all toilets, washing machines and outdoor taps.

65. Consolidation of Allotments

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

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

66. Creation of Easements

The following easements are to be created in accordance with the Conveyancing Act 1919:

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

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

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

67. Garbage Collection Easement

For the purpose of waste collection, an easement entitling Council, its servants and agents and persons authorised by it, to enter upon the subject land and to operate thereon, vehicles and other equipment for the purposes of garbage collection must be granted to Council by the owner of the land.

68. Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Hornsby Shire Council for completed assets in the public land including road pavement, footpath, kerb & gutter, and public drainage systems.

69. Waste Management

The following waste management requirements must be complied with:

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

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

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

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

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

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

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

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

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

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

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

Note: Ramps between different levels are acceptable.

g) The bin holding area must be screened with shrubs as required by this development consent.

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

i) Motorised bin carting equipment must be provided to assist the site caretaker in the safe transfer of bins between the basement and ground levels.

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

Note: Examples of motorised bin carting equipment include bin tug, electric bin trolley and forklift.

ii) The waste facilities (a garbage bin and recycling bin in a cupboard) on each residential level must be accessible by persons with a disability while comfortably housing one 240 L garbage bin and one 240 L recycling bin.

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

70. Damage to Council Assets

71. Retaining Walls

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

72. Construction of Engineering Works.

All engineering works, including the footpath and kerb and gutter, are to be completed and a Compliance Certificate issued prior to the release of any Occupation Certificate.

73. Car Parking and Vehicular Areas

All vehicular areas within the site and the car parking must be constructed in accordance with Australian Standard AS 2890.1 – 2004 – Off Street Car Parking and Australian Standard 2890.2 - 2002 – Off Street Commercial and the following requirements:

a) The driveway must be designed in accordance with Condition No.15 of this development consent;

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

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

d) 3 visitor car spaces must be provided. Visitors are to be able to access the basement car park by an audio/visual intercom system located at the top of the ramped driveway;

e) 6 bicycle spaces (resident and visitor) are to be provided in the basement car park. Bicycle parking spaces are to be designed in accordance with AS 2890.3-1993;

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

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

h) Any proposed landscaping and/or fencing must not restrict sight distance to pedestrians and cyclists travelling along the footpath. Refer to AS/NZS 2890.1:2004 Figure 3.3.

74. Boundary Fencing

a) All fences except for the side boundary fences are to be 50% open.

b) Fencing must be erected along the northern, western and southern property boundaries behind the front building alignment to a height of 1.8 metres.

c) 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.

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

75. 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.

76. 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 allocation of unit numbering must be authorised by Council prior to the numbering of each units in the development.

77. Provision for National Broadband Network (NBN)

78. Safety and Security