Agenda of Local Planning Panel meeting

LPP Report No. LPP11/19

Local Planning Panel

Date of Meeting: 26/06/2019

1 DA/1339/2018 - TORRENS TITLE SUBDIVISION OF ONE LOT INTO TWO INCLUDING ALTERATIONS AND ADDITIONS OF AN EXISTING DWELLING - 60 LONSDALE AVENUE, BEROWRA HEIGHTS

EXECUTIVE SUMMARY

DA No:	DA/1339/2018 (Lodged 20 December 2018)
Description:	Torrens title subdivision of one lot into two including alterations and additions to the existing dwelling
Property:	Lot 1 DP 208907, No. 60 Lonsdale Avenue, Berowra Heights
Applicant:	Robert Moore and Associates Pty Ltd
Owner:	Nathan James Tilbury and Giselle Ribeiro Claudino
Estimated Value:	$55,000
Ward:	A

· The application involves Torrens title subdivision of one lot into two including alterations and additions to an existing dwelling.

· The application involves land owned by a Hornsby Shire Councillor and is required to be determined by the Hornsby Local Planning Panel. An independent assessment of the development application has been undertaken by Octagon Planning Pty Ltd.

· One submission was received during the notification period.

· The report by Octagon Planning Pty Ltd is attached to this report for the Hornsby Local Planning Panels consideration. The independent consultant’s report recommends approval of the application.

RECOMMENDATION

THAT Development Application No. DA/1339/2018 for Torrens title subdivision of one lot into two including alterations and additions to the existing dwelling at Lot 1 DP 208907, No.60 Lonsdale Avenue, Berowra Heights be approved subject to the conditions of consent detailed in Schedule 1 of LPP Report No.LPP11/19.

ASSESSMENT

In accordance with the referral criteria and procedural requirements for Independent Hearing and Assessment Panels, the assessment of the development application has been referred to an independent town planning consultant as the landowner is a Hornsby Shire Councillor. The report by Octagon Planning is held at Attachment 1 of this report.

CONCLUSION AND REASONS FOR recommendation

The application proposes Torrens title subdivision of one lot into two, alterations and additions to the existing dwelling.

Council has referred the application to an independent planning consultancy to carry out an assessment of the application. The assessment concludes that the application should be approved.

One submission was received in respect of the application.

It is recommended that the Hornsby Local Planning Panel approve the application in accordance with the recommendation in the report prepared by Octagon Planning Pty Ltd and the conditions of consent held at Schedule 1 of this report.

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 Nicola Stainton from Octagon Planning Pty Ltd.

Cassandra Williams

Team Leader - Major Applications

Planning and Compliance Division

Rod Pickles

Manager - Development Assessment

Planning and Compliance Division

Attachments:

1.⇨	Consultant's Report
2.⇨	Locality Map
3.⇨	Subdivision Plan

File Reference: DA/1339/2018

Document Number: D07671380

SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1. Approved Plans and Supporting Documentation

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

*Plan No.*	*Plan Title*	*Drawn by*	*Dated*	*Council Reference*
180021 P3 D	Subdivision Plan	Robert Moore and Associates Pty Ltd	28/02/2019
180021 DT2 A	Detail Plan	Robert Moore and Associates Pty Ltd	21/09/2018
180021 E1	Engineering Plans Cover Sheet Sheets 1-8	Robert Moore and Associates Pty Ltd	08/10/2018

*Document Title*	*Prepared by*	*Dated*	*Council Reference*
Aboricultural Impact Assessment Report, Rev 2	Urban Arbor	17/10/2018	D07651999
Bushfire Report	Building Code & Bushfire Hazard Solutions Pty Ltd	11/10/2018	D07585575
NSW RFS General Terms of Approval	NSW RFS	24/01/2019	D07600103

2. Amendment of Plans

a) To prevent unsafe access and egress onto the driveway, the existing door along the northern elevation must be fixed by way of installation of a balustrade, window or bricked in.

b) Details must be provided with the application for a Construction Certificate.

3. Appointment of a Project Arborist

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

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

4. Removal of Trees

This development consent permits the removal of tree(s) numbered 16, 17, 18, 19, 21, 22, 23 and 24 as identified in Appendix 1 (site plan) in the Aboricultural Impact Assessment submitted by Urban Arbor (TRIM: D07651999).

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.

5. Construction Certificate

a) A construction certificate must be approved by either Council or a Private Certifying Authority (PCA) prior to the commencement of any works on the site approved under this development consent.

b) The plans submitted with the application for the construction certificate must not be inconsistent with the plans approved under this development consent.

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	$1,902.45
Open Space and Recreation	$13,041.80
Community Facilities	$5,013.65
Plan Preparation and Administration	$42.05
TOTAL	$20,000

being for one additional lot.

b) The value of this contribution is current as at 4 June 2019. If the contribution is not paid within the financial quarter that this condition was generated, the contribution payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 94 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$C_PY
=$C_DC x CPI_PY

CPI_DC

Where:

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

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

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

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

c) The monetary contribution must be paid to Council:

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

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

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

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

7. Building Code of Australia

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

8. Contract of Insurance (Residential Building Work)

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

9. Notification of Home Building Act 1989 Requirements

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

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

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

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

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

i) The name of the owner-builder; and

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

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

10. Utility Services

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

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

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

11. Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of the adjoining properties at Lots 13 and 14 DP873917 (Nos. 62 and 62A Lonsdale Avenue) before the commencement of works.

12. Identification of Survey Marks

A registered surveyor must identify all survey marks in the vicinity of the proposed development. Any survey marks required to be removed or displaced as a result of the proposed development shall be undertaken by a registered surveyor in accordance with Section 24 (1) of the Surveying and Spatial Information Act 2002 and following the Surveyor General’s Directions No.11 – "Preservation of Survey Infrastructure".

13. Traffic Control Plan

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

a) Arrangements for public notification of the works;

b) Temporary construction signage;

c) Permanent post-construction signage;

d) Vehicle movement plans;

e) Traffic management plans; and

f) Pedestrian and cyclist access/safety.

14. Drainage – Dwellings

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

a) The interallotment drainage system must be designed and constructed in accordance with Hornsby Council’s Civil Works Specifications.

b) Connected directly into Council’s street drainage system at Lonsdale Avenue.

15. 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, AS3727 and the following requirements:

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

b) The driveway be a rigid pavement.

c) The driveway pavement be a minimum 3 metres wide, 0.15 metres thick reinforced concrete with SL72 steel reinforcing fabric and a 0.15 metre sub-base.

d) The pavement have a kerb to one side and a one-way cross fall with a minimum gradient of 2 percent and a lintel and pit provided at the low point.

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

f) Planting of landscaping strips 0.5 metres wide along side of the length of the driveway, apart from the existing dwelling.

g) Any structure including eaves gutters encroaching over the access driveway shall be removed.

h) In accordance with the approved plans, a minimum of 2 car spaces shall be provided for proposed Lot 1.

i) 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.

j) A common turning area to service the proposed subdivision in accordance with Australian Standards AS 2890.1 to ensure vehicles can enter and leave the site in a forward direction. A right of access shall be created over the turning area to ensure access is maintained at all times.

k) 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.

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;

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

c) The footway area must be restored by turfing;

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. 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.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

18. Erection of Construction Sign

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

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

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

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

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

19. Protection of Adjoining Areas

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

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

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

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

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.

20. Toilet Facilities

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

b) Each toilet must:

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

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

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

Tree Protection Requirements

21. Installation of Tree Protection Fencing

a) All trees numbered 1-7 and 21-23 must have tree protection measures for the ground, trunk and canopy installed by the project arborist.

b) All tree protection measures for the ground, trunk and canopy installed by the project arborist must be set in accordance with Australian Standard AS 4970-2009 Protection of Trees on Development Sites.

c) The placement of tree protection fencing for trees numbered 1-7 and 21-23 must be in accordance with the Site plan-tree protection plan in Appendix 1 of the Aboricultural Impact Assessment provided by Urban Arbor.

d) Tree protection fencing for the trees to be retained numbered 1-7 must be installed by the project arborist and consist of 1.8m high temporary fencing panels installed in accordance with Temporary Fencing and Hoarding Standards Australian Standard AS 4687-2007.

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

f) Tree Protection fencing must have identifying signs attached, with the lettering complying with Australian Standard AS 1319.

22. Tree Trunk and Branch Protection

a) Tree crown protection measures are required and must install by the project arborist.

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

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

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

23. Tree Protection Zone - Ground Protection

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

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

24. Protection Certification

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

REQUIREMENTS DURING DEMOLITION AND CONSTRUCTION

25. Construction Work Hours

All works on site, including demolition and earth works, must only occur between 7am and 5pm Monday to Saturday.

No work is to be undertaken on Sundays or public holidays.

26. Demolition

To protect the surrounding environment, all demolition work must be carried out in accordance with Australian Standard 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.

27. 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.

28. Council Property

To ensure that the public reserve is kept in a clean, tidy and safe condition during construction works, no building materials, waste, machinery or related matter is to be stored on the road or footpath.

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

29. Disturbance of Existing Site

During construction works, the existing ground levels of open space areas and natural landscape features, including natural rock-outcrops, vegetation, soil and watercourses must not be altered unless otherwise nominated on the approved plans.

30. Landfill

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

a) Prior to fill material 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.

31. Excavated Material

All excavated material removed from the site must be classified by a suitably qualified person in accordance with the Department of Environment, Climate Change and Water NSW Waste Classification Guidelines 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.

32. Prohibited Actions Within the Tree Protection Zone

In accordance with the Australian Standards AS 4970-2009, the following is prohibited within the fenced area of TPZ:

a) Soil cut or fill including excavation and trenching,

b) Soil cultivation, disturbance or compaction,

c) Stockpiling storage or mixing of materials,

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

e) The disposal of liquids and refuelling,

f) The disposal of building materials,

g) The siting of offices or sheds,

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

33. Works Near Trees

a) To maintain tree health and condition for trees numbered 1-7 and 21-23 on the approved plans, the appointed project arborist must monitor and record any and all necessary remedial actions required.

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

34. Maintaining Tree protections zones

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

35. Works within Tree Protection Zones

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

i) Driveway/concrete slabs (no-strip footing)

ii) The replacement driveway must be constructed using the following process:

iii) Demolition must be done manually using small plant such as jackhammer.

iv) Sub-grade preparation must have no cut.

v) Subgrade must be raised by 100mm using gap-graded material consistent with Australian Standards Soils for Landscaping and Garden Use AS 4419-2003.

vi) A layer of geotextile or rubber underlay must be installed between the sub-grade and concrete.

b) Grade Changes are permissible in the form of fill in conjunction with piers or other sensitive methods of construction. All fill used must be consistent with Australian Standards Soils for Landscaping and Garden Use AS 4419-2003.

c) To minimise impacts within the Tree Protection Zone (TPZ) of trees numbered 1-7 and 21-23 on the approved plans the installation of services must be undertaken as follows:

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

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

36. 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.

37. Works near trees certification

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

38. 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.

39. 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.

40. Demolition of Structures

Any structure that traverses the proposed allotment boundary/ies or right of way shall be demolished prior to the release of the subdivision certificate.

41. Construction of engineering works

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

42. 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”.

43. Dilapidation Report

A ‘Dilapidation Report’ is to be prepared by a ‘chartered structural engineer’ detailing the structural condition of the adjoining properties at Lots 13 and 14 DP873917 after construction is completed.

44. Creation of Easements

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

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

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

c) The creation of a “Positive Covenant” over the proposed Lot 2 requiring that any future development is to provide an on-site detention system. The on-site detention system is to have a storage capacity of 5 cubic metres and a maximum discharge of 8 litres per second into Council’s drainage system in accordance with Council’s prescribed wording;

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

45. Works as Executed Plan

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

46. Replacement Tree Requirements

a) The trees approved for removal under this consent must be offset through replacement planting of a minimum 3 trees which must be planted on Lot 1.

b) All replacement plantings must be species selected from the Council’s Indigenous species listing located in the Hornsby Development Control Plan 2013.

c) The location and size of the replacement plantings must comply with the following:

i) All replacement trees must be located in the rear setback of Lot 1 and must be planted 4 metres or greater from the foundation walls of the approved development.

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

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

iv) All replacement trees must have the potential to reach a mature height greater than 15 metres.

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

47. Final Certification

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

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

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

iii) Dates and times and reasons for site attendance.

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

v) Details necessary work to maintain tree health.

vi) Details of tree protection zone maintenance.

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

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

GENERAL TERMS OF APPROVAL – RURAL FIRE SERVICE

The following conditions of consent are General Terms of Approval from the nominated State Agency pursuant to Section 4.47 of the Environmental Planning and Assessment Act 1979 and must be complied with to the satisfaction of that Agency.

48. Bushfire Risk

General Terms of Approval, under Division 4.8 of the ‘Environmental Planning and Assessment Act 1979’, and a Bush Fire Safety Authority, under Section 100B of the 'Rural Fires Act 1997', are now issued without any specific conditions.

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

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

Tree and Vegetation Preservation

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

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

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

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

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.

Subdivision Certificate Requirements

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

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

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

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

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

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

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

Fees and Charges – Subdivision

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

House Numbering

The house numbering for this subdivision shall be:

Lot	Street Number	Street Name	Street Type	Locality
Lot 1	60	Lonsdale	Avenue	Berowra Heights
Lot 2	60A	Lonsdale	Avenue	Berowra Heights

Dial Before You Dig

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

Telecommunications Act 1997 (Commonwealth)

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

Asbestos Warning

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

www.environment.nsw.gov.au

www.adfa.org.au

www.workcover.nsw.gov.au

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

LPP Report No. LPP10/19

Local Planning Panel

Date of Meeting: 26/06/2019

2 DEVELOPMENT APPLICATION - COOL ROOM - GALSTON COMMUNITY CENTRE, 37 ARCADIA ROAD, GALSTON

EXECUTIVE SUMMARY

DA No:	DA/1325/2018 (Lodged 18 December 2018)
Description:	Cool room
Property:	Lot 1 DP 632865 - Galston Community Centre, No.37 Arcadia Road, Galston
Applicant:	Hornsby Shire Council
Owner:	Hornsby Shire Council
Estimated Value:	$22,000
Ward:	A Ward

· The application is for a cool room at the Galston Community Centre.

· The development involves land owned by Council and is a heritage listed item. In accordance with the Minister’s Section 9.1 Direction, the application is required to be determined by the Local Planning Panel.

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

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/1325/2018 for a cool room at the Galston Community Centre at Lot 1 DP 632865, No. 37 Arcadia Road, Galston be approved subject to the conditions of consent detailed in Schedule 1 of Report No. LPP10/19.

BACKGROUND

On 13 June 1997, Council approved DA/572/1996 for additions to the existing preschool at the Galston Community Centre.

On 26 October 2010, Council approved DA/1004/2010 for alterations and additions to an approved garbage enclosure at the Galston Community Centre.

THE SITE

The 5,930m² site is located on the western side of Arcadia Road, Galston and contains a community facility known as Galston Community Centre. The proposed development is located along the southern boundary, in the middle section of the site. At the rear of the site is an existing tennis court.

The property is listed as a heritage item (Galston Community Centre) of local significance under the provisions of Schedule 5 (Heritage Items) of the Hornsby Shire Local Environmental Plan 2013. The inventory sheet for the property states that the property is a ‘good example of a Federation brick Gothic style community building in good condition with unusual buttressing, is historically significant as a centre of worship and is socially significant for its current use as a community centre’. The site adjoins another heritage item (Galston Public School – original building, former teacher’s residence and grounds (excluding other buildings) to the north known as No. 39-45 Arcadia Road, Galston.

The site is surrounded by residential properties to the east and south and rural properties to the west.

PROPOSAL

The application proposes a new cool room on the western side of the existing Community Centre building located on an existing paved area underneath a covered outdoor patio. The cool room would have dimensions 2.4 metres (wide) by 2.4 metres (depth) and 2.7 metres in height. The cool room would be clad in white colour-bond coated panels and screened by palisade fencing.

The cool room would be used during functions at the Community Centre, approximately 3-4 times per month at night.

No trees would be removed or impacted by the development.

ASSESSMENT

The development application has been assessed having regard to Greater Sydney Region Plan – A Metropolis of Three Cities, the North District Plan and the matters for consideration prescribed under Section 4.15 of the Environmental Planning and Assessment Act 1979 (the Act). The following issues have been identified for further consideration.

1. STRATEGIC CONTEXT

1.1 Greater Sydney Region Plan - A Metropolis of Three Cities and North District Plan

The proposed development would not be inconsistent with the Greater Sydney Region Plan - A Metropolis of Three Cities and North District Plan and would facilitate the use of the existing community facility.

2. STATUTORY CONTROLS

Section 4.15(1)(a) requires Council to consider “any relevant environmental planning instruments, draft environmental planning instruments, development control plans, planning agreements and regulations”.

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

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

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

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

The proposed development is ancillary to a community facility and is permissible in the zone with Council’s consent.

2.1.2 Height of Buildings

Clause 4.3 of the HLEP provides that the height of a building on any land should not exceed the maximum height shown for the land on the Height of Buildings Map. The maximum permissible height for the subject site is 8.5 metres. The proposal would have a maximum height of 2.7 metres which complies with this requirement.

2.1.3 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The site is not within a heritage conservation area however the site is a local heritage item

The subject property is included as a heritage item (Built Item No. 420) of local significance in Schedule 5 (Environmental Heritage) of the HLEP. The inventory sheet for the property states that it is a good example of a Federation brick Gothic Style community building with a gabled iron roof and tapering buttresses that was probably a previous School of Arts building.

The property is also located in the vicinity of Property No. 39-45 Arcadia Road, Galston – Galston Public School (original building) and Former Teacher’s Residence and grounds (Built item No. 422) and Property No. 11 School Road, Galston – Pipe Organ in Uniting Church (Built Item No.447) both of which are listed as heritage items of local significance in Schedule 5 (Environmental Heritage) of the HLEP.

Council’s heritage assessment raises no concerns with the proposed cool room and the location on site with respect to the heritage item and the adjoining heritage item.

2.1.4 Earthworks

Clause 6.2 of the HLEP notes that consent is required for proposed earthworks on site. Before granting consent for earthworks, Council is required to assess the impacts of the works on adjoining properties, drainage patterns and soil stability of the locality. No further assessment is required against Clause 6.2 as the proposal would not involve any excavation.

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

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

The proposed development is assessed as satisfactory in regards to the policy and no conditions are recommended.

2.3 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.

2.4 Hornsby Development Control Plan 2013

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

Hornsby Development Control Plan 2013
Control	Proposal	Requirement	Compliance
Site area	5930m²	N/A	N/A
Height	2.7m	8.5m	Yes
Front Setback (east)	>100m	7.6m	Yes
Rear Setback	50m	3m	Yes
Side Setback (south)	10m	0.9m	Yes
Side Setback (north)	30m	0.9m	Yes

As detailed in the above table, the proposed development generally complies with the prescriptive requirements within the HDCP. A discussion on compliance with relevant desired outcomes is provided below.

2.4.1 Noise and Vibrations

A submission has raised concerns over the noise generated from the cool room with respect to the nearest residential property at No. 33 Arcadia Road, Galston.

Council requested an acoustic report which was prepared by PKA Acoustic Consulting and submitted to Council on the 6 June 2019.

In accordance with the provision of Part 1C.2.5 of the HDCP, and the Noise Policy for Industry 2017 (NPfI) the acoustic assessment was performed at the most affected point within the boundaries of the subject site. To preserve the amenity of the adjoining residence at No.33 Arcadia Road and use of their principal open space, PKA have assessed the cool room’s daytime and evening noise impact to 30m away from the neighbouring residence, resulting in a 20m distance loss.

For the night-time noise impact post 10pm, PKA has taken the approach that residents will be indoors and have therefore have been assessed to be 3 metres away from the residential receiver façade which is approximately 45m away from the proposed cool room location.

As a conservative approach, PKA has assumed that the cool room unit has a rated Sound Pressure Level of 65dB(A) at 1m distance. The calculations within the report have been based on this assumption.

The results indicated that during the day, evening and night time, the calculated sound pressure level at the receiver point was 39 dB(A) during the day to evening and 32 dB(A) at night and the allowable noise criteria was 45 dB(A), 40 dB(A) and 35 dB(A) at night, respectively.

Based on the provided data and calculations performed by PKA, the proposed equipment serving the new Cool room would comply with the NSW EPA Noise Policy for Industry 2017 acoustic criteria. However, the report recommends that a compliance test be conducted once the equipment is installed to confirm the noise levels.

Council raises no objection to the proposal subject to compliance with conditions of consent recommending the cool room not exceed background noise by more than 5dB(A) and that a compliance test be conducted within 3 months of the installation of the cool room.

2.4.2 Heritage

The subject site includes a heritage item (Built Item No. 420) of local significance in Schedule 5 (Environmental Heritage) of the HLEP and is in the vicinity of property No. 39-45 Arcadia Road, Galston – Galston Public School (original building) and Former Teacher’s Residence and grounds (Built item No. 422) and Property No. 11 School Road, Galston – Pipe Organ in Uniting Church (Built Item No.447) both of which are listed as heritage items of local significance.

Council’s heritage assessment advises that the western elevation of the existing community facility building was extensively altered and added to in the late 1990s for additional meeting room, offices, a kitchen and toilet facilities. The form and fabric heritage values of the Galston Community Centre are embodied in its Gothic style, gabled iron roof and tapering buttresses as well as its ongoing use for community purposes.

The proposed cool room would be located adjacent to kitchen facilities constructed in the 1990s, which do not actively contribute to that significance, but do assist to ensure the viability of the Centre’s ongoing community use. The cool room would be at the rear of the building and not be visible from the street and while it could be visible from the rear of property No. 39-45 Arcadia Road, Galston – Galston Public School (original building) and Former Teacher’s Residence and grounds (Built item No. 422) it would have no impact on the school’s heritage significance. It would not be visible from any other heritage items in the locality.

The proposed cool room at the Galston Community Centre would have no adverse impact on the site’s heritage significance or the significance of heritage items in the vicinity.

2.5 Section 7.12 Contributions Plans

Hornsby Shire Council Section 94A Contributions Plan 2014 – 2024 applies to development with an estimated cost of works greater than $100,000. In this instance the cost of the development would be less than this and therefore a Section 7.12 contribution is not imposed.

3. ENVIRONMENTAL IMPACTS

Section 4.15(1)(b) of the Act requires Council to consider “the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality”.

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The proposed development would not necessitate the removal of any trees.

3.1.2 Stormwater Management

The proposal would not alter the existing stormwater management of the site.

3.1.3 Traffic

The proposal would not affect the local traffic network or existing parking situation on the site.

3.1.4 Social Impacts

The proposed cool room would not have any adverse social impacts and is considered acceptable in this regard.

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.

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 11 January 2019 to 6 February 2019 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received one submission. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

The concern raised in the submission regarding noise has been addressed in Section 2.4.1 of the report.

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 application proposes the installation of a cool room at the Galston Community Centre.

The development generally meets the desired outcomes of Council’s planning controls and is satisfactory having regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979.

Conditions are recommended to minimise disruption to residential amenity.

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

RESPONSIBLE OFFICER

The officer responsible for the preparation of this Jasmin Blazevic who can be contacted on 9847 6661.

Cassandra Williams

Team Leader - Major Applications

Planning and Compliance Division

Rod Pickles

Manager - Development Assessment

Planning and Compliance Division

Attachments:

1.⇨	Locality Map
2.⇨	Site Plan
3.⇨	Floor Plan
4.⇨	Elevation Plans
5.⇨	Section Plan

File Reference: DA/1325/2018

Document Number: D07669761

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

Approved Plans

Plan No.	Plan Title	Drawn by	Dated	Council Reference
DA01B	Site Plan	Rolfe Chrystal	5 November 2018
DA02B	Floor Plan	Rolfe Chrystal	19 November 2018
DA03B	Part Elevation	Rolfe Chrystal	19 November 2018
DA04B	Part Elevation	Rolfe Chrystal	19 November 2018
DA05B	Part Elevation and Section	Rolfe Chrystal	19 November 2018

Supporting Documentation

Document Title	Prepared by	Dated	Council Reference
Acoustic report – Plant Noise Assessment	PKA Acoustic Consulting	3 June 2019	D07687229

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

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

3. Building Code of Australia

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

4. Fire Safety Schedule

A schedule of all proposed essential fire safety measures to be installed in the building (e.g. hydrants, hose reels, emergency warning systems etc.) shall be submitted with the construction certificate application. The schedule shall distinguish between existing and proposed fire safety measures.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

5. 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.

6. 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.

7. Toilet Facilities

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

REQUIREMENTS DURING CONSTRUCTION

8. Construction Work Hours

All works on site must only occur between 7am and 5pm Monday to Saturday. No work is to be undertaken on Sundays or public holidays.

9. Council Property

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:

10. Damage to Council Assets

11. Fire Safety Statement – Final

In accordance with the Environmental Planning & Assessment Regulation 2000, upon completion of the building, the owner must provide Council with a certificate in relation to each fire safety measure implemented in the building.

OPERATIONAL CONDITIONS

12. Noise

a) The level of total continuous noise emanating from operation of the coolroom (LAeq) measured for at least 15 minutes, must not exceed the background level (L90) by more than 5dB(A) when measured at all property boundaries.

b) An acoustic assessment is to be undertaken by a suitably qualified environmental consultant within 3 months of installation of the cool room in accordance with the recommendations within the Acoustic Report – Plant Noise Assessment (Page 9) by PKA Acoustic Consulting dated 3 June 2019, the Environment Protection Authority’s Noise Policy for Industry (2017), Council’s Guidelines for Noise and Vibration Generating Development (Acoustic Guidelines V.5, 2000) and the DECC’s Noise Guide for Local Government (2004). The assessment must be held on site for review by Council if necessary. Should the assessment find that noise from the premise exceeds 5dB(A) above background noise levels, appropriate measures must be employed to ensure compliance with Part (a) of this consent condition.

13. 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’ certifying each essential service installed in the building.

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

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

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

Long Service Levy

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

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

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

Tree and Vegetation Preservation

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

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

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

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

Covenants

Dial Before You Dig

LPP Report No. LPP14/19

Local Planning Panel

Date of Meeting: 26/06/2019

3 DA/901/2018 - DEMOLITION OF STRUCTURES AND ERECTION OF A 5 STOREY RESIDENTIAL FLAT BUILDING - 4-8 BELLEVUE STREET, THORNLEIGH

EXECUTIVE SUMMARY

DA No:	DA/901/2018 (Lodged on 12 September 2018)
Description:	Demolition of existing structures and erection of a 5 storey residential flat building comprising 25 units with basement car parking
Property:	Lot 4 DP 298426, Lot 9 DP 298427 and Lot 10 DP 1854, Nos.4-8 Bellevue Street, Thornleigh
Applicant:	Urbanlink Architects
Owner:	Mr George Fares Mouheit, Mrs Marie Rose Mouheit and Moonlight Investment Holdings Pty Ltd
Estimated Value:	$11,998,128
Ward:	B

· 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.

· 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.

· Two submissions were received in respect of the application.

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/901/2018 for demolition of existing structures and erection of a 5 storey residential flat building comprising 25 units and basement car park at Lot 4 DP 298426, Lot 9 DP 298427 and Lot 10 DP 1854, Nos.4-8 Bellevue Street, Thornleigh be approved subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP14/19

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 10 January 2019, Hornsby Development Control Plan was amended to support Council’s Design Excellence Review of Planning Controls for townhouses and residential flat buildings.

APPLICATION HISTORY

The subject application was lodged with Council on 12 September 2018 for demolition of existing structures and erection of a 5 storey residential flat building comprising 27 units including 9 x 1 bedroom units and 18 x 2 bedroom units, a rooftop communal area and a single level basement car park.

In October 2018, the application was referred to an urban designer for comprehensive 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 1 November 2018 raising concerns regarding height exceedance, landscaping, deep soil, setback of basement car park, services within front setback, setback of fire stairs, bulk and scale concerns which did not reflect the desired character, lack of articulation, unit amenity concerning solar access and layout concerns, safety and security concerns as the development did not encourage social interaction between residents and lack of sustainability incorporated into the design other than the submitted BASIX certificate.

In addition to urban design comments, Council raised issues regarding waste disposal, lack of canopy trees, non-compliant basement setbacks, non-compliant car parking, excessive amount of services in the front setback reducing landscaping, stormwater design, articulation and bulk and scale impacts, solar concerns to units, acoustic concerns, construction management concerns and the requirement to provide 3 bedroom units.

On 12 March 2019, the applicant submitted amended plans seeking to address Council’s request for information letter dated 1 November 2018. The amended plans reduced the number of units from 27 to 25 and reduced the unit mix from 9 x 1 bedroom units to 7 x 1 bedroom units, 18 x 2 bedroom units to 15 x 2 bedroom units and included 3 x 3 bedroom units.

The amended plans were re-referred to Council’s Urban Design Consultant in March 2019 who advised that the amended design has responded positively to previous recommendations and demonstrate satisfactory urban design quality. Minor design amendments to improve sustainability of the proposal and additional details were recommended. On 10 April 2019, Council also requested amendments requiring car parking spots to be delineated on the plans, amendments to the acoustic report, the secondary private open space above the basement ramp to be deleted and instead form a common landscaped area and the rainwater tank be relocated from the front setback to the side setback to allow for greater landscaping.

On 24 May 2019, amended plans and acoustic report were received which incorporated recommendations within Council’s request for information letter dated 10 April 2019 and Council’s Urban Design consultant requirements.

On 30 May 2019, Council requested design treatments to the western elevation to avoid a blank wall appearance to Pennant Hills Road and Bellevue Street. On 31 May 2019, amended architectural plans were received to improve the design treatment to the western façade, this included the addition of windows adjoining bathrooms on levels 1-3 and brick work panels.

SITE

The 1337m² relatively flat site comprises three allotments, Nos. 4 – 8 Thornleigh Street, Thornleigh. The site is located on the southern side of Thornleigh Street. Overhead power lines exist along the Thornleigh Street frontage and a footpath exists along the street frontage.

The site contains three dwelling-houses with associated outbuildings and landscaping and a number of exotic, native and locally indigenous trees.

Whilst the site does not include a heritage item, is not located in a heritage conservation area, it is located within the vicinity of a heritage item at No.9 Station Street listed under Schedule 5 in the Hornsby Local Environmental Plan 2013.

Approximately 32m to the west of the site is the intersection of Pennant Hills Road. The site adjoins ALDI supermarket complex to the west with a 3.5m high acoustic wall along the common boundary, to the north is Thornleigh Marketplace that accommodates Woolworths and specialty shops and to the south are single storey dwellings rezoned for 5 storey units. The site is also within walking distance of Thornleigh Railway Station, which is approximately 160m 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.

PROPOSAL

The proposal involves the demolition of existing structures and construction of a five storey residential flat building comprising 25 units with 2 levels of basement car parking.

The unit mix would comprise 7 x 1 bedroom, 15 x 2 bedroom and 3 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 Bellevue Street via a driveway located along the western boundary of the site adjoining Aldi’s acoustic wall. 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 35 car parking spaces are provided which includes 30 resident spaces with 9 of these spaces accessible, 5 visitors parking spaces, 9 bicycle spaces and 1 motorbike space in two basement levels. Two existing vehicle crossings would be removed and replaced by 1 vehiclular 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 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.

· 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 17.4m 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. Whilst the site does not include a heritage item, is not located in a heritage conservation area, it is located within the vicinity of a heritage item at No.9 Station Street which was approved for demolition on 1 November 2016 under DA/835/2016.

Accordingly, no further assessment in this regard is necessary.

2.1.4 Earthworks

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

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

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

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

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

Principle	Compliance
1. CONTEXT	Yes
Comment: The site is located within a precinct planned for five storey residential flat buildings in close proximity to Thornleigh Railway Station and commercial centre. The proposal responds to the desired future character of the precinct as envisaged by Council for residential flat buildings in landscaped settings with underground car parking. Once the development of the precinct is completed, the proposal would integrate with the surrounding sites and would be in keeping with the future urban form. The proposed building would respond and contribute to the identity and future character of the precinct and its context.
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 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. RESOURCE, ENERGY AND WATER EFFICIENCY	Yes
Comment: The application includes good sustainable design including the use of natural cross ventilation and sunlight for amenity, liveability of residents. The design has incorporated sunscreens along north facing balconies and the penthouse level and the landscape plan comprises low water tolerant landscaping species. 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. As per Hornsby Council’s Water Sensitive Urban Design (WSUD) requirements, 80% of the roof area is required to drain to a rainwater tank, accordingly a 10,000 litre rainwater tank is proposed to be connected to the communal water system and to all dwellings for toilet flushing and laundry use.
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 along each boundary intercepted by shrubs and hedges which would soften the appearance of the development when viewed from the Bellevue Street 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 Bellevue Street and Pennant Hills Road, 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 Thornleigh 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 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 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 proposals compliance with the ADG:

Apartment Design Guide
Control	Proposal	Requirement	Compliance
Deep Soil Zone	46%	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)	84% (21/25)	2 hours for 70% of units	Yes
No Solar Access allowable for units	16% (4/25)	15% of units (max)	No
Natural Cross Ventilation	72% (18/25)	60%	Yes
Minimum Dwelling Size	1 br – 50m² 2 br – 75m²- 79m² 3 br – 104m²- 112m²	1 br – 50m² 2 br – 70m² 3 br – 90m² + 5m² for additional bathrooms	Yes Yes Yes Yes
Habitable room depth from a window for open plan layout	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	1 br 54m² 2 br – 10m²- 17m² 3 br – 19m²- 20m²	1 bedroom 8m² 2 bedroom 10m² 3 bedroom 12m²	Yes Yes Yes
Maximum Number of Units on a Single Level	6 units	8 units off a circulation core	Yes
Total Storage Area	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	1 bed - 6m³ (Min) 2 bed - 8m³(Min) 3 bed - 10m³ (Min) 50% accessible from the apartments	Yes Yes Yes Yes

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

2.7.1 Solar Access and Ventilation

The proposal demonstrates that 84% 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 no more than 15% of apartments receive zero solar access. The proposal does not comply with this requirement as 16% of units (4/25) at the south-east corner of the development do not receive 2 hours of direct sunlight between 9am and 3pm. To achieve the minimum 15% compliance, 1 additional unit would have to receive 2 hours of direct 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. Each of these units would be located at the south-eastern corner of the building and comprise a dual aspect which allows each unit to achieve cross ventilation. It is considered that achieving full compliance is unavoidable given the southern orientation of the site and the 4 units do receive some solar access.

The minor non-compliance 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 unit layouts combined with large balconies provide good amenity for users and accordingly the non-compliance to the solar access requirement is supported.

2.7.2 Apartment Size and Layout

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

The proposed layout of all units 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 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.

2.7.3 Internal Circulation

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

2.7.4 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.

2.9 Hornsby Development Control Plan 2013

Hornsby Development Control Plan 2013
Control	Proposal	Requirement	Compliance
Site Width	36.5m	30m	Yes
Height	5 storeys 17.4m (including lift overrun)	5 storeys 17.5m	Yes Yes
Lowest Residential Floor Above Natural Ground Level	1.25m	1.5m (max)	Yes
Maximum Floorplate Dimension	20.7m (N/S) 28.7m ( E/W)	35m 35m	Yes Yes
Building Indentation	4m x 4m	4m x 4m	Yes
Front Setback	10m 8m (for 8.8m) < 1/3 frontage 7m (balconies)	10m 8m (for 9.5m) < 1/3 building length 8m (balconies)	Yes Yes No
Side Setback (Eastern)	6m 4m (for 6.9m) < 1/3 building length 6m (balconies)	6m 4.5m (for 6.9m) < 1/3 building length 6m (balconies)	Yes No Yes
Side Setback (Western)	6m 4m (for 9.4m) < 1/3 building length 6m (balconies)	6m 4.5m (for 6.9m) < 1/3 building length 6m (balconies)	Yes No Yes
Rear Setback	10m 6m (for 9.5m) < 1/3 frontage 7m (balconies)	10m 8m (for 9.5m) < 1/3 building length 7m (balconies)	Yes Yes Yes
Top Storey Setback from Ground Floor	1-5m	3m	No
Basement Ramp Setback	2m	2m	Yes
Deep Soil Landscaped Areas	7m front 4m sides 7m rear	8m front 4m sides 7m rear	No Yes Yes
Communal Open Space with Minimum Dimensions 4m	>50m² (min) 25%	50m² (min) 25%	Yes Yes
Parking	30 resident spaces 5 visitor spaces 9 bicycle racks 1 motorbike space	25 resident spaces 3 visitor spaces 7 bicycle racks 1 motorbike space	Yes Yes Yes Yes
Solar Access	84%	70%	Yes
Housing Choice	10% of each type (min)	10% of each type (min)	Yes
Adaptable Units	10%	10%	Yes

As detailed in the above table, the proposed development generally complies with the prescriptive requirements within the HDCP other than a few minor setback non-compliances. The matters of non-compliance are 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.

The application was referred to Brett Newbold Urban Planning to undertake an independent urban design review of the proposal. A copy of the urban design 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 and a cover letter detailing how the amended plans have addressed urban design issues.

Council’s urban design consultant advised that the amended design has responded positively to previous recommendations and demonstrate satisfactory urban design quality

It is considered that the proposed development would meet the desired outcome for the housing precinct for well-articulated five storey residential flat buildings in garden settings with basement car parking. The building is generally well articulated and is setback to provide appropriate landscaping and streetscape presentation.

2.9.2 Site Requirements

The HDCP requires sites to have a minimum frontage of 30m. The subject site has a frontage of 36.4m to Bellevue Street and complies with this requirement. The proposal would not result in isolation of any property as two lots exist to the east of the site with a 36.5m frontage 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.

2.9.3 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.

2.9.4 Setbacks

As noted in the table above, sections of the building do not comply with the setback requirements, in part due to amendments to the HDCP 2013 controls on 10 January 2019. As the HDCP amendments occurred after the development application was lodged, for the purposes of assessment, the HDCP controls that applied prior to the amendment have been taken into consideration.

Western 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 western elevation from Levels 1-3 projects to 4m from the side boundary would exceed the HDCP setback allowance for 1/3^rd of the building to project to 4m by 1.5m. 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 outlook from this elevation is to an ALDI Supermarket and Pennant Hills Road. The setback non-compliance would be suspended over the basement ramp and would not result in any loss of deep soil landscaping to the side boundary. Further, strict compliance with this setback requirement would result in significant design amendments to the layout of Units 1.05, 2.05 and 3.06 and loss of a bathroom which would not achieve design excellence.

The elevation steps inwards to 6m at the rear of the building and would be visually interesting when viewed from both Pennant Hills Road and Bellevue Street due to varied use of materials including a high percentage of brick work, aluminium screening panels and rendered finish.

Top Storey Setback

The majority of the building incorporates a 3m building setback for the top storey element. The sides and rear building element of the top storey have adopted significant setbacks from the ground floor ranging from 3m to 5m to reduce the overall bulk of the building. However, minor portions of the front top storey setback would be setback 1m to 3m due to ground level indentations and projections to achieve articulation and do not strictly comply with the numerical requirements of the HDCP.

The non-compliance would not be visually perceptible from the street as the top level is setback 11m from the front boundary and the building and balconies on the ground level to levels 1-3 projects to 7m and 8m for 1/3^rd of the building length resulting in an articulated front façade. Further the top level would be setback 3m to 5m from each side elevation to break up the building mass.

The building when viewed from Bellevue Street incorporates a distinct top, middle and base with a 4m x 4m indentation 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 Council’s independent urban design review of the proposal advised that the amended design demonstrates satisfactory urban design quality

2.9.5 Built Form and Separation

Building 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.

No development applications have been lodged for five storey development to the eastern side boundary and southern rear boundary.

Notwithstanding, 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 southern boundary, away from adjoining properties with windows facing adjoining sites typically incorporating highlight windows to achieve privacy to adjoining developments.

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, stepped levels of the building, landscaping, 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.

2.9.6 Privacy and Security

The proposed development is appropriately designed for privacy with all units having an orientation to the street or the rear boundary. Habitable rooms and balconies have been strategically located to provide adequate building separation to future residential flat buildings on the eastern and southern boundaries. Appropriate privacy mitigation measures have been implemented on the eastern and western elevations where the building separation is less than the minimum 12 metres as required by the ADG which includes window openings to habitable rooms orientated towards the front and rear boundaries.

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.

2.9.7 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 the side boundary which leads to the rear.

A condition is recommended requiring an outdoor table setting and a minimum of 1 bench seat be provided within the communal open space area to encourage social interaction between residents as well as a condition that the proposal includes a platform lift to accommodate disabled access to the communal open space. The proposal is assessed as satisfactory in this regard.

2.9.8 Landscaping

The landscaping provisions of the HDCP prescribe that 8m wide landscaped deep soil areas be provided at the front, 7m at the rear and a 4m wide landscaped areas be provided along the side boundaries.

The basement level is setback 7m to the front boundary which does not comply with the deep soil setback requirements which requires an 8m setback following amendments to the HDCP 2013 on 10 January 2019 which increased the front deep soil setback by an additional 1m. As the HDCP amendments occurred after the development application was lodged, for the purposes of assessment, the HDCP controls that applied prior to the amendment have been taken into consideration.

The landscape plan proposes 32 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 and that a platform lift be installed from the stairs to the communal open space to allow for disabled access.

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.

2.9.9 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.

Living room and private open space areas would receive a minimum of 84% of two hours of direct sunlight between 9.00 am and 3.00 pm in mid-winter and 72% of the units are naturally cross ventilated which complies with the HDCP and ADG requirements.

2.9.10 Housing Choice

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

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 and resident parking spaces and 9 accessible car spaces.

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 would require 7 x 240 litre garbage bins serviced twice a week and 6 x 240 litre recycling bins serviced weekly with sufficient space provided for additional bin capacity in the garbage room. The waste room also includes sufficient area to accommodate a bulky goods area.

A dual garbage chute and recycling bin area has been provided on each residential level and is designed to be accessible by persons with a disability. The garbage chute terminates in the garbage room in the basement. Each bin would be required to be placed on the ‘temporary bin holding area’ adjoining the driveway ramp for collection by Council’s HRV waste collection vehicle.

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

2.9.13 Noise and Vibration

Part 1C.2.5 of the HDCP applies to the development and aims to attenuate noise as best as possible on the occupants of residential dwellings and other noise sensitive land uses.

The site is located within close vicinity of multiple noise generating sources including traffic noise from Pennant Hills Road and Bellevue Street, a loading bay directly adjoining the site to the west from the Aldi supermarket, a commercial building and Thornleigh shopping centre to the north.

To minimise amenity impacts to future residences within the subject development site, an acoustic report was submitted by Rodney Stevens Acoustics Pty Ltd. The report recommends acoustic mitigation measures to comply with the acoustic aims of the State Environmental Planning Policy Infrastructure 2007 (SEPP Infrastructure).

In order to characterize the existing acoustical environment of the area, unattended noise monitoring was conducted between Wednesday 18 July and Wednesday 25 July 2018 during the daytime, evening and night time which revealed that existing airborne noise levels at No.4 Bellevue Street were 52 dB(A) to 54 dB(A) which exceeded the minimum background levels as outlined in SEPP Infrastructure for bedrooms 35 dB(A) and for living rooms 40 dB(A).

To reduce noise intrusion into the units from Pennant Hills Road and the adjoining loading dock, the acoustic report recommends northern and western elevations to include 10.38mm laminated glass in acoustically sealed frames for living room windows and 7.52 laminate + 6.38mm laminate at 6mm gap for bedroom windows. In addition, the western elevation does not incorporate any bedroom windows to minimise noise disturbance during the evening.

It is noted that, in response to Council’s request for greater protection measures against any potential noise intrusion from Aldi delivery trucks and the loading bay adjoining the site to the west, an amended acoustic report was received on 24 May 2019 which incorporated increased glazing thickness and additional laminate for glazing along the western, northern and southern facades.

The above recommendations are deemed to be more than sufficient in providing amenity to the future residences from loading bay deliveries, staff carpark movements as well as road noise.

Subject to conditions, the proposal is considered satisfactory in regard to the objectives of Part 1C.2.5 of the HDCP.

2.9.14 Air Quality

Part 1C.2.6 of the HDCP applies to the development and aims to minimise air quality impacts on the occupants of residential dwellings.

Whilst the proposed site does not directly adjoin Pennant Hills Road and does not require an assessment against the Infrastructure SEPP 2007, given the proposal is located within 100m of a busy road, the provisions of Clause 101 of State Environmental Planning Policy Infrastructure 2007 (SEPP Infrastructure) has been taken into consideration for air quality assessment purposes and an air quality report was submitted by GHD Pty Ltd.

Screening modelling using the RMS Tool for Roadside Air Quality, identified that worst-case road emissions at 30m from the kerb would be below the relevant criteria for all road traffic emissions and would be acceptable from an air quality perspective.

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 4-5 vehicles during peak hours and therefore, the additional impact due to vehicle emissions would be negligible.

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

The application is assessed as satisfactory in this regard.

2.10 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 22 residential dwellings in lieu of the 3 existing residences. Accordingly, the requirement for a monetary Section 94 contribution is recommended as a condition of consent.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The subject site is substantially clear and does not contain any significant vegetation which would require approval under Part 1B.6.2 Tree Vegetation of the HDCP with the exception of a small group of camellia trees located on No.6 Bellevue Street, Thornleigh.

Council’s tree assessment of the proposal raises no objections to the removal of these trees as the trees are not considered worthy of protection and would be replaced by 32 trees as identified on the landscape plan.

Subject to the replacement planting identified on the landscape plan including a condition that 2 x ‘Callistemon’ trees be planted on the nature strip and a condition requiring tree protection fencing for the existing ‘Callistemon’ tree on the nature strip, no objections are raised regarding tree impacts.

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, a mix of 30% dark bricks on each facade and a mix of materials and colours to break up the development and reduce the overall bulk. The design of the proposal 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.

Council’s Urban Design Consultant advised that the amended plans demonstrate satisfactory urban design quality and have addressed the urban design quality issues initially raised in relation to the earlier version of the current proposal. Accordingly, 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 Bellevue Street which is a local road. 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 TDT 2013/04a. Council’s traffic assessment concludes that the nett traffic generation is estimated to be 5 vehicle trips in the AM peak hour and 4 vehicle trips in the PM peak hour which is negligible when compared with the traffic volumes on the adjacent road network.

Although this additional traffic may appear to be negligible when compared with the traffic volumes on the adjacent road network for this development alone, the cumulative traffic impacts of all sites earmarked for redevelopment in the precinct would be significant. The cumulative impact has been considered in the strategic transport model for Council’s Housing Strategy 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 which will be operational in 2020 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 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 17 September 2018 to 12 October 2018 and amended plans on 14 March 2019 to 29 March 2019

During this period, Council received two submissions from the same property owner. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

Two submissions from the same property owner objected to the original proposal and the amended proposal, generally on the grounds that the development would result in:

· Acoustic impacts from the Aldi supermarket loading bay and acoustic wall,

· Construction parking impacts,

· Delineation of car park in basement.

5.1.1 Acoustic impacts

A submission raised concerns regarding acoustic impacts of the existing loading bay adjoining the subject site to future apartments.

Council requested an amended acoustic report which addressed noise impacts as a result of the use of staff car parking spaces as well as any impacts during ALDI truck deliveries and relevant noise control treatment including mandatory double glazing to apartments.

5.1.2 Construction parking impacts

A submission raised concerns regarding all basement car parking spaces allocated to visitors and residents of the proposed residential development to be line-marked to clearly show the exact car parking spaces for visitors and residents on the plans.

Amended plans were submitted which clearly delineated visitor and resident spaces on the plans.

5.1.3 Construction parking impacts

A submission requested that conditions be imposed requiring ‘Workers/contractors to be directed to not at any time park in the Aldi supermarket car park in accordance with the Preliminary Construction and Traffic Management Plan (CTMP).

A condition is recommended requiring the CTMP plan to be adhered to throughout the construction period.

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”.

CONCLUSION

The proposal is for demolition of existing structures and erection of a 5 storey residential flat building comprising 25 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 two submissions 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 under SEPP65, HLEP 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.

Cassandra Williams

Team Leader - Major Applications

Planning and Compliance Division

Rod Pickles

Manager - Development Assessment

Planning and Compliance Division

Attachments:

1.⇨	Locality Map
2.⇨	Architectural Plans
3.⇨	Landscape Plans

File Reference: DA/901/2018

Document Number: D07680342

SCHEDULE 1

GENERAL CONDITIONS

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

1. Approved Plans and Supporting Documentation

*Plan No.*	*Plan Title*	*Drawn by*	*Dated*	*Council Reference*
DA2001, Rev G	Basement 02	Urban link architects	20/05/2019
DA2002, Rev G	Basement 01	Urban link architects	20/05/2019
DA2003, Rev G	Ground floor plan	Urban link architects	20/05/2019
DA2004, Rev G	Level 1	Urban link architects	20/05/2019
DA2005, Rev G	Level 2	Urban link architects	20/05/2019
DA2006, Rev G	Level 3	Urban link architects	20/05/2019
DA2007, Rev G	Level 4	Urban link architects	20/05/2019
DA2008, Rev G	Roof	Urban link architects	20/05/2019
DA3001, Rev G	Elevations	Urban link architects	20/05/2019
DA3002, Rev G	Elevations	Urban link architects	20/05/2019
DA4001, Rev G	Sections	Urban link architects	20/05/2019
1, Rev F	Hardscape plan	Conzept landscape architects	23/05/2019
2, Rev F	Landscape plan	Conzept landscape architects	23/05/2019
3, Rev C	Detail + Specification	Conzept landscape architects	26/02/2019
4, Rev C	Detail	Conzept landscape architects	26/02/2019

*Document Title*	*Prepared by*	*Dated*	*Council Reference*
Report 180321R2, Rev 2	Rodney Stevens Acoustics	14/02/2018	D07680893
BASIX Cert No.947030M_02	Greenworld Architectural Drafting	08/03/2019	D07629796
Sediment and erosion control plan, Rev E	Alpha Engineering and Development	24/05/2019	D07680896
Basement drainage 2 plan, Rev E	Alpha Engineering and Development	24/05/2019	D07680896
Basement drainage 1 plan, Rev E	Alpha Engineering and Development	24/05/2019	D07680896
Ground floor drainage plan, Rev E	Alpha Engineering and Development	24/05/2019	D07680896
Site catchment plan and on-site detention, Rev E	Alpha Engineering and Development	24/05/2019	D07680896
Stormwater sections and details, Rev e	Alpha Engineering and Development	15/05/2019	D07680896
Geotech report	STS GeoEnvironmental Pty Ltd	July 2018	D07524482
Accessibility report			D07524483
Traffic report	Varga Traffic Planning	27/08/2018	D07524476
Air quality report	GHD Pty Ltd	27/08/2018	D07524480
Waste management plan	Urbanlink architects	No date	D07524499

2. Removal of Trees

a) This development consent permits the removal of all trees located within the site.

b) No Street trees are permitted to be removed.

3. 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.

4. Section 7.11 Development Contributions

Description	Contribution (4)
Roads	$7,371.45
Open Space and Recreation	$229,473.20
Community Facilities	$88,216.45
Plan Preparation and Administration	$740.15
TOTAL	$325,801.25

Being for 7 x 1 bedroom, 15 x 2 bedroom and 3 x 3 bedroom units and 3 lots to credit.

b) The value of this contribution is current as at 3 June 2019. 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.

5. Materials and finishes

In accordance with the approved plans, the approved elevation plans and schedule of finishes must provide a minimum of 30% of exposed brick on each façade.

6. Powerlines

The powerlines within the road reserves along the road frontages of the site to be undergrounded subject to the approval of Ausgrid.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

7. Waste Management Details

Prior to the commencement of any works, the on-going waste collection service must be cancelled and the bins retrieved by the waste collection service provider.

8. 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 A DP 360224, No. 10 Bellevue Street, Thornleigh

b) Lot 21 Sec 3 DP 1854, No.7 Station Street, Thornleigh,

c) Lot 22 and Lot 23 DP 1854, No.9 Station Street, Thornleigh,

9. Building Code of Australia

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

10. Identification of Survey Marks

11. Contract of Insurance (Residential Building Work)

12. 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.

13. 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.

14. 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.

15. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed, constructed and a Construction Certificate issued in accordance with Australian Standards AS2890.1, AS2890.2, AS3727 and the following requirements:-

a) Design levels at the front boundary shall be obtained from Council via a separate application to Council for a Vehicular Crossing;

b) Design levels thus obtained from Council at the front boundary shall be used to design internal driveway long-sections;

c) The driveway be a rigid pavement;

d) Car space modules and blind aisles shall be designed by the Engineer in accordance with AS 2890.1 – 2004 Section 2.4.2.(b) to ensure vehicles may egress from car modules in a forward direction.

16. Vehicular Crossing

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

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

c) The footway area must be restored by turfing.

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

17. Stormwater Drainage

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

a) Connected to a Council piped drainage system with the following requirements:

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

ii) The proposed 1.8 m kerb inlet pit on DA drawing A8276-SW04 Rev D by Alpha Engineers dated 8/3/2019 shall instead be designed and constructed adjacent to and to the east of the proposed vehicular crossing. The proposed kerb inlet pit shall be connected to the existing Bellevue Street pit and pipe system with a 375 mm dia. rubber ring jointed reinforced concrete pipe. Details must be provided on the engineering construction plans;

iii) The existing kerb inlet pit top in the proposed vehicular crossing shall be removed and replaced with a single leaf 450 x 900 mm hinged grate;

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

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

v) Connection to Council’s drainage system shall include design and construction of Council’s standard kerb inlet and full depth 600 x 900 mm grated pit in accordance with Council’s Design and Construction Specification. The Applicant’s Engineer must prepare the design of system including location of proposed work in the plan, along with details of all services and utilities in the verge area. Three (3) copies of the plan shall be submitted with lodgement and payment of the Application;

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

a. Arrangements for public notification of the works;

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

c. Temporary construction signage;

d. Vehicle movement plans;

e. Traffic management plans; and

f. Pedestrian and cyclist access/safety.

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

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

b) The drainage and on-site detention system shall be piped between the internal and Council-controlled drainage system to contain the 20 year Average Recurrence Interval storm event with an overland flow system provided above it to dispose of tank overflows safely to Bellevue Street.

18. On Site Stormwater Detention

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

a) Have a capacity of not less than 13 cubic metres, and a maximum discharge (when full) of 23 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) An overflow system shall be designed and constructed above the orifice system and disposed of in the Bellevue Street drainage system; and,

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

19. Road Works

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

a) Council’s 150 mm integral kerb and gutter across the Bellevue Street frontage of the subject site shall be removed and reconstructed to Council’s standard, or as agreed with Council. All existing and construction damaged asphaltic concrete seal areas shall be neatly sawcut, removed and reconstructed in accordance with Council’s standards;

b) Council’s standard 100 mm thick 1.2m wide concrete footpath across the frontage shall be removed and reconstructed on Council’s standard alignment footpath to be constructed within the road verge with the remaining area turfed;

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) Application shall be made to Hornsby Shire Council for lodgement, consideration and approval of a public domain Construction Certificate, prior to the commencement of those road and public domain works.

20. 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 details of front fence must be in accordance with drawing No. DA3002, Rev G, Elevations, dated 20/05/2019 as identified on the northern elevation.

c) 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. 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 for approval at compliance@hornsby.nsw.gov.au and include the following:

a) Contact information for developers, builders, private certifier and any emergency details during and outside work hours.

b) A Construction Traffic Management Plan (CTMP) including the following:

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

ii) The CTMP plans shall be in accordance with all other plans submitted to Council as part of this development proposal.

iii) In order to prevent injury, accident and loss of property, a statement must be included within the Plan confirming that no building materials, work sheds, vehicles, machines or the like shall be allowed to remain in the road reserve area without the written consent of Hornsby Shire Council.

iv) The Plan shall be in compliance with the requirements of the Roads and Maritime Services “Traffic control at work sites Manual 2018” and detailing:

a. Public notification of proposed works;

b. Long term signage requirements;

c. Short term (during actual works) signage;

d. Vehicle Movement Plans, where applicable;

e. Traffic Management Plans;

f. Pedestrian and Cyclist access and safety.

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

d) A plan showing site sheds, concrete pump and crane locations for all stages of works.

e) Details of parking arrangements for all employees and contractors, including layover areas for large trucks during all stages of works. The parking or stopping of truck and dog vehicles associated with the development will not be permitted other than on the site and the plan must demonstrate this will be achieved.

f) Confirmation that a street ‘scrub and dry’ service will be in operation during all stages of all works.

g) Heavy vehicle traffic routes to and from the site, confirming that only the following truck routes will occur:

i) Truck arrival from a northerly direction along Pennant Hills Road will turn left in to Bellevue Street; and

ii) Trucks arriving from a southerly direction along Pennant Hills Road will turn right in to The Comenarra Parkway, followed by turning right into Wood Street and then turning right into Bellevue Street; and

iii) Trucks departing the site will turn left in to Bellevue Street and either right or left onto Pennant Hills Road.

h) The plan shall include swept path analysis for ingress and egress of the site for all stages of works.

i) The plan shall include site plans for all stages of works including the location of site sheds, unloading and loading areas, waste and storage areas being used.

j) The plan shall include the total volume of fill to be imported to the subject site throughout all stages to achieve approved levels.

k) The plan shall include the total volume of fill to be exported at the subject property throughout all stages.

l) The plan shall include the total quantity and size of trucks for all importation and exportation of fill on site throughout all stages of works, and a breakdown of total quantities of trucks for each stage of works.

m) The plan shall include the number of total truck movements to and from the site for each stage of works.

n) The plan shall include the number of weeks trucks will be accessing and leaving the site with excavated or imported fill material.

o) The plan shall include the maximum number of trucks travelling to and from the site on any given day for each stage of works.

p) The plan shall include the maximum number of truck movements on any given day during peak commuting periods for all stages of works.

q) The plan must include but not be limited to the location details of the licensed waste facility where excavated material required for removal will be disposed to.

r) The plan must include the location details of the source site of any proposed fill to be imported for all stages of works.

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

t) If there is a requirement to obtain a Work Zone, Out of Hours permit, partial Road Closure or Crane Permit, the Plan must detail these requirements and include a statement that an application to Hornsby Shire Council will be made to obtain such a permit.

u) 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.

v) A Tree Protection Plan (TPP) prepared by an AQF 5 Arborist detailing the following:

i) A site plan showing tree protection zones (TPZ) and structural root zones (SRZ) of trees to be retained on adjoining properties including the Council nature strip and specific details of tree protection measures inclusive of distances (in metres) measured from tree trunks.

ii) Construction methodology to avoid damage to trees proposed to be retained during construction works.

iii) Specifications on tree protection materials used and methods within the TPZ or SRZ.

iv) Location of dedicated material storage space on site outside of TPZ’s and SRZ’s for retained trees.

w) A Construction Noise and Vibration Management Plan (CNMP) which includes:

i) Existing noise and vibration levels within the proximity of the proposed development site.

ii) Details of the extent of rock breaking or rock sawing works forming part of the proposed development works.

iii) The maximum level of noise and vibration predicted to be emitted during each stage of construction.

iv) The duration of each stage of works where the maximum level of noise and vibration are predicted to be emitted for.

v) Details of mitigation measures that will meet acoustic standards and guidelines at each stage of works.

vi) Details of a complaints handling process for the surrounding neighbourhood for each stage of works.

x) Management of stormwater disposal from proposed detention basins or basements throughout all development phases in accordance with the ANZECC Guidelines trigger values for the area.

y) Sediment and erosion control measures in accordance with the ‘Soils and Construction 2004 (Bluebook)’.

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

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

bb) To ensure Council assets are maintained throughout the development, a detailed survey plan showing existing survey marks, vehicle entry, surrounding pedestrian footpaths and hoarding (fencing) locations.

22. Noise Requirements

The development must be carried out in accordance with Section 6.2 of the recommendations contained within the acoustic report submitted by Rodney Stevens Pty Ltd, Report 180321R2, dated 15 April 2019 on pages 9 and 10.

23. 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) For the bin holding area at the ground level:

i) The screen doors between the bin holding area and the fire escape path must be deleted.

ii) The wall separating the driveway from the fire escape path/ bin holding area must be 1.5m high to provide screening for the bins, and must end 4.8m from the boundary in order to allow a 3.5m opening to the driveway, as shown in Ground Floor Plan Drawing DA2003 Revision G.

iii) The 3.5m long opening between the fire escape path/bin holding area and the driveway must be at the same level of the driveway. That is, there must be no step between the bin holding area and the driveway for this 3.5m.

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

v) Where the bin holding area is screened by the side and/or front fence, the fence must be no less than 1.5m high.

c) There must be a bulky waste storage area of at least 8 square metres at the basement level.

d) There must be a waste facility (garbage chute and the recycling bin in a cupboard or small room) on each residential level for each lift core of each building. Every waste facility must be accessible by persons with a disability.

Note: AS 1428.1 requires at least 800 mm clear doorway opening for wheelchair access.

e) A design certificate and detailed plans are to accompany any Construction Certificate application, which demonstrate that the waste storage room at the basement level has been designed to be constructed in accordance with the Waste Management Plan and including the following requirements:

i) The floor is to be constructed of concrete at least 75mm thick and adequately graded to drain to a Sydney Water approved drainage fitting;

ii) The floor must be finished so that it is non-slip, sealed and impervious, and has a smooth and even surface covered at all intersections;

iii) The ceilings and walls must be finished with smooth faced non-absorbent material capable of being cleaned;

iv) The room is to be provided with artificial light controllable within the room and adequate ventilation;

v) The room is to be provided with an adequate supply of hot and cold water mixed through a centralised mixing valve with hose cock.

vi) The doors are to be robust and lockable, with a door opening of no less than 2m.

f) A design certificate and detailed plans are to accompany any Construction Certificate application, which confirms that the waste chute system for each building can be constructed to satisfy the Manufacturer’s standard installation guidelines and specifically the following requirements:

vii) Chutes, service openings and charging devices are constructed of metal or a smooth faced surface which is fire resistant and of impervious material

viii) Chute is cylindrical in section, vertical and without bends as it passes through the floors

ix) Chutes must terminate in the building’s residential waste room and discharge into a waste bin

x) The chute system must comply with the manufacturers technical specifications and operational limitations

xi) The gradient of the garbage chute and the recycling chute must be no less than the minimum gradient recommended by the chute manufacturer

xii) The chute service room must have sufficient space to comfortably house the required volume handling equipment and to load/unload bins from this equipment, and sufficient space to store the spare garbage and recycling bins for that building and to access and manoeuvre the bins.

xiii) The required volume handling equipment for each chute system does not include compaction.

Note: The required volume handling equipment is a 5 x240L bin carousel or equivalent.

g) For all bin carting routes, the path must be smooth hard surface. (Concrete pavement for example is acceptable, but pebbles, stepping stones, grass etc is not acceptable).

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;

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

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

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

24. Garbage receptacle

a) A garbage receptacle must be provided at the work site before works begin and must be maintained until all works are completed.

b) The garbage receptacle must have a tight fitting lid and be suitable for the reception of food scraps and papers.

c) The receptacle lid must be kept closed at all times, other than when garbage is being deposited.

d) Food scraps must be placed in a garbage receptacle and not in demolition and construction waste bins.

25. 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.

26. 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.

27. Installation of Tree Protection Fencing

a) The Street tree located in front of No.6 Bellevue Street, identified on the approved landscape plan, must be protected by construction of 1.8 metre cyclone chainmesh fence or star pickets spaced at 2 metre intervals and connected by a continuous high-visibility barrier/hazard mesh at a height of 1 metre.

b) If the protective fencing requires temporary removal, trunk, branch and ground protection must be installed and must comply with AS 4970-2009 - Protection of trees on development sites. Existing fencing and site hoarding may be used as tree protection fencing.

c) If temporary access for machinery is required within the TPZ, ground protection measures will be required. The purpose of ground protection is to prevent root damage and soil compaction within the TPZ. Ground protection may include a permeable membrane such as geotextile fabric beneath a layer of mulch, crushed rock or rumble boards.

28. 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.

29. Erosion and Sediment Control

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

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

REQUIREMENTS DURING DEMOLITION AND CONSTRUCTION

30. 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.

31. Compliance with Construction Management Plan

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

32. Council Property

33. 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.

34. 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.

35. 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

36. Waste Management

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

a) The identity of the person removing the waste.

b) The waste carrier vehicle registration.

c) Date and time of waste collection.

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

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

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

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

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

37. Environmental Management

38. 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.

39. 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.

40. 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.

41. Excavated Material

42. 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.

43. Works Near Trees

No consent is granted for any works within the Structural Root Zone of trees to be retained on adjoining properties including Council’s nature strip.

44. Maintaining Tree protections zones and tree fencing

a) 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”.

b) The tree protection fencing for the street tree to be retained in front of the subject property must be maintained for the duration of the construction and demolition period.

45. Building materials and Site Waste

46. Waste Management Details

Requirements of the approved Waste Management Plan shall be complied with during all site preparation works, demolition and throughout all construction works. When implementing the Waste Management Plan, the developer is to ensure:

a) The disposal of any demolition and construction waste must be undertaken in accordance with the requirements of the Protection of Environment Operations Act 1997

b) All waste on site is to be stored, handled and disposed of in such a manner as to not create air pollution, offensive noise or pollution of land and water as defined by the Protection of Environment Operations Act 1997

c) Generation, storage, treatment and disposal of hazardous waste is conducted in accordance with the relevant waste legislation administered by the EPA and relevant Occupational Health and Safety legislation administered by WorkCover NSW

d) All waste generated (including excavated materials) which cannot be reused or recycled must be transported to a facility which can lawfully accept it

e) All materials and resources that are to be stored on site during construction works are contained on the site. The provisions of the Protection of Environment Operations Act 1997 must be complied with when placing/stock piling loose material, disposal of concrete waste or activities which have potential to pollute drains and water courses

f) The storage of waste and recycling containers must be within the boundaries of the development site at all times. Public footways and roads must not be used for the storage of any waste and must be kept clear of obstructions during all construction works

g) 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:

i) The identity of the person removing the waste.

ii) The waste carrier vehicle registration.

iii) Date and time of waste collection.

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

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

vi) 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).

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

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

47. Principal Communal Open Space

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

b) The stairs leading to the communal open space must include a platform lift to enable disabled access to the communal open space.

48. Hydrant Booster Screening

a) 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.

b) The front setback of the fire hydrants and electricity kiosk must include low rise screen planting to reduce the bulk of the structures and assist in screening.

49. Street Tree Plantings

a) 2x ‘Callistemon’ trees shall be planted in the front verge along Bellevue Street. Replacement planting to this front verge at 5 metre spacing.

b) Trees are to be installed at minimum 50 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) The trees must be maintained and/or replaced until they reach a height of 3m.

50. 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 to ensure sustainable landscape is achieved.

51. 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.

52. Fulfilment of BASIX Commitments

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

53. Sydney Water – s73 Certificate

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

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

54. Preservation of Survey Infrastructure

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

55. Creation of Easements

The following matter(s) must be nominated on the title under s88 of the Conveyancing Act 1919:

a) Consolidation of all lots the subject of development;

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

c) Creation of a waste collection easement as required using terms available from Council;

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

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

56. 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.

57. Works as Executed Plan

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

58. Waste Management

The following waste management requirements must be complied with:

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

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

b) Prior to an Occupation Certificate being issued or the use commencing, whichever is earlier, all external works including but not limited to the vehicular crossover, must be completed.

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

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

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

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

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

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

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

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

f) There must be a bulky waste storage area of at least 8 square metres at the basement level.

g) The completed door opening to the recycling bin cupboard on each residential level must be wide enough and positioned to easily allow a 240L bin to be manoeuvred into and out of the cupboard.

Note that 240L bins are 600mm wide, 750mm deep, 1050mm high; allow 75 mm between bins for ease of manoeuvring and to avoid damage to walls and doors from bins scraping against them

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

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

i) The bin carting routes must be devoid of any steps and must be wholly within the site.

Note: Ramps between different levels are acceptable. The use of the public footpath is not acceptable.

j) 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: For 3 days bin capacity, the Building requires a 5 x 240L bin carousel or equivalent under garbage chute.

59. Damage to Council Assets

60. Retaining Walls

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

61. 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.

62. 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) A parking restriction plan to the frontage of the proposed development is required and subject to Hornsby Local Traffic Committee for approval. The restriction will be 2P 8:30am – 6pm from Monday to Friday, and 2P 8:30am – 12:30pm on Saturday.

b) The driveway must be designed in accordance with Condition No.11 of this development consent;

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

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

e) 5 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;

f) 8 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;

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

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

i) 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.

63. Boundary Fencing

a) All front fences are to be 50% open.

b) Fencing must be erected along the eastern 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).

64. 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 Occupation Certificate.

65. 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.

66. Provision for National Broadband Network (NBN)

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

67. 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.

OPERATIONAL CONDITIONS

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:

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

ii) Residential parking spaces are to be secure spaces with access controlled by card or numeric pad for both vehicles and pedestrians.

iii) Parking spaces are required to be marked for separating residential parking and visitor parking, which are 5 visitor parking spaces and 22 residential parking spaces.

iv) Visitors must be able to access the visitor parking spaces in the basement car park at all times. Visitor parking spaces are not to be used by residents as storage or parking spaces.

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

vi) Bicycle parking spaces are to be designed in accordance with AS 2890.3-1993 Bicycle parking facilities.

vii) Motorcycle parking spaces are to be designed in accordance with AS/NZS 2890.1:2004 Figure 2.7.

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

71. 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.

72. 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, ensuring the bins placed at the temporary bin holding area at the ground level do not block the fire escape, washing bins and maintaining waste storage areas, ensuring the chute systems 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, arranging for the return of shopping trolleys to the local shopping centre(s), 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.

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

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

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

Long Service Levy

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

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

Tree and Vegetation Preservation

In accordance with the Hornsby Development Control Plan 2013 a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation protected 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.

Covenants

Dial Before You Dig

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 Safe Work 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.adfa.org.au

www.workcover.nsw.gov.au

Alternatively, telephone the Safe Work NSW Asbestos and Demolition Team on 8260 5885.

Occupation Certificate Requirements

An occupation certificate application is required to be lodged with the Principal Certifying Authority (PCA) containing the following information:

· A certificate by a Registered Surveyor certifying that all structures within the subject land comply with the development consent in regard to the setbacks from boundaries;

· A certificate by a Registered Surveyor shall be submitted to the Principal Certifying Authority (PCA), 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 certifying that the necessary re-establishment of any damaged, removed or displaced survey marks has been undertaken in accordance with the Surveyor General’s Direction No. 11 – “Preservation of Survey Infrastructure”.

Note: The PCA will not issue an occupation certificate until all conditions of the development consent have been completed.

Telecommunications Act 1997 (Commonwealth)

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.

House Numbering

House numbering can only be authorised by Council. Before proceeding to number each premise in the development, the allocation of numbers is required to be obtained from Council's Planning and Compliance Division prior to the issue of a Subdivision Certificate. The authorised numbers are required to comply with Council’s Property Numbering Policy and be displayed in a clear manner at or near the main entrance to each premise.