Agenda of Local Planning Panel meeting

LPP Report No. LPP26/19

Local Planning Panel

Date of Meeting: 23/10/2019

2 DEVELOPMENT APPLICATION - HOME BUSINESS - MUSIC SCHOOL - 2 MIRANDA CLOSE, CHERRYBROOK

EXECUTIVE SUMMARY

DA No:	DA/299/2019 (Lodged 18 April 2019)
Description:	Use of part of the dwelling for a home business (music school)
Property:	Lot 20 DP 788098, No. 2 Miranda Close, Cherrybrook
Applicant:	Mr Bradleigh Ferreira
Owner:	Mr Kevin Ferreira
Estimated Value:	$0
Ward:	C

· The application proposes to regularise the use of part of a dwelling house for a home business.

· The proposal does not satisfy the definition of a home business as it would interfere with the amenity of the neighbourhood by reason of the emission of noise and traffic generation. The proposal does not comply with the 50m² floor area control for home businesses as prescribed under Clause 5.4 of the Hornsby Local Environmental Plan 2013.

· A total of 13 submissions have been received in respect of the application.

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

· It is recommended that the application be refused.

RECOMMENDATION

THAT Development Application No. DA/299/2019 for the use of a dwelling house for a home business at Lot 20 DP 788098, No. 2 Miranda Close, Cherrybrook be refused for the reasons detailed in Schedule 1 of LPP Report No. LPP26/19.

BACKGROUND

On 7 March 2018, Council received a report of an unauthorised music school operating at the site.

Council’s Compliance Team subsequently investigated the matter and a Development Application (DA/318/2018) was lodged on 9 April 2018 to regularise the use.

On 1 November 2018, Council refused DA/318/2018 for use of part of a dwelling house for a home business on the following grounds:

· The proposal did not comply with the land-use definition of a ‘home businesses under the Hornsby Local Environmental Plan 2013 as it failed to demonstrate that it would not involve interference with the amenity of the neighbourhood by reason of the emission of noise and traffic generation.

· The proposal did not comply with the prescriptive measures of Part 1C.2.5 Noise and Vibration of the Hornsby Development Control Plan 2013 due to insufficient information demonstrating that the home business would have minimal amenity impact on the surrounding residential area; and

· The proposal did not comply with the prescriptive measures of Part 1C.2.1 Transport and Parking of the Hornsby Development Control Plan 2013 due to insufficient and inconsistent information with respect to the number of on and off-street car parking spaces required for residents, employees and clients during the operation of the home business.

· According to the public submissions received, the home business was operating during Council’s assessment of the application and for a time prior to lodgement as well.

On 18 April 2019, the subject application was lodged with Council.

On 27 May 2019, Council received email correspondence from Minto Planning Services stating that they were engaged by the applicant to assist with the application. Council would expect a revised Statement of Environmental Effects, a revised Acoustic Assessment and a Traffic and Parking Impact Assessment to be delivered.

On 1 August 2019, Minto Planning Services submitted the stated documents for Council’s assessment.

Submissions received during the public notification periods indicate that the home business has continued operating since Council’s refusal of DA/318/2018 on 1 November 2018.

SITE

The 808.4m² site is located on the corner of Carmen Crescent and Miranda Close, Cherrybrook and contains a two-storey dwelling house with a basement garage and rumpus room and vehicle access to both streets.

The site falls 6 metres from the south-west (rear) to the north-east (front).

The site is burdened by two restrictions on use relating to building specifications and bushfire safety and a Positive Covenant relating to the provision of telephone services.

The locality is characterised by one and two storey brick dwelling houses with substantial front setbacks reflective of a low-density residential area in Cherrybrook.

There are no heritage items within the vicinity of the site.

PROPOSAL

The application proposes the use of a dwelling house for a home business in the form of a music school.

The business would occupy two ground floor rooms and the garage. The garage has been partitioned into three areas. The resulting five rooms would be designated as a drum room, a guitar room, a keyboard room, a piano room and a multi-purpose room.

The proposed hours of operation for the home business are:

Monday to Friday	3pm to 8pm
Saturday	9pm to 5pm
Sunday and Public Holidays	No work

The home business would involve the rooms and garage as spaces to conduct music lessons with the following instruments:

· Guitar (acoustic, electric and bass).

· Ukulele.

· Drums (electronic drum kit).

· Piano (acoustic and electronic keyboard).

· Singing.

Three staff, including one resident of the dwelling would operate the home business. There would be a maximum of 8 students at any one time, comprising 4 students in classes and 4 waiting for class to begin. Classes would be limited to a duration of 30 minutes.

A maximum of 200 students would be enrolled per year with the term dates for the business to align with the term dates of the NSW public school calendar.

The proposed home business would provide music tuition to predominantly school-aged students.

No physical works are proposed as part of this application.

Site inspections conducted by Council have determined that the home business is currently operating, and a number of internal alterations have been completed without development consent.

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 not be inconsistent with the Greater Sydney Region Plan - A Metropolis of Three Cities and North District Plan, as the music school would provide cultural services to support a growing population.

2. STATUTORY CONTROLS

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

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

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

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

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

Compliance with the requirements of the HLEP for the use of a dwelling house as a ‘home business’ is discussed below.

Home business means a business that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:

(a) The employment of more than 2 persons other than those residents.

Comment: There would be a maximum of 3 employees, of which 2 would not be resident in the dwelling.

(b) The interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise.

Comment: The use of the premises as a home business would generate additional noise, vibration and vehicle movements to what would usually be experienced in a low-density residential area.

An assessment of the traffic and parking impacts generated by the proposal is discussed in Section 2.4.1 of this report.

An assessment of noise and vibration generated by the proposal is discussed in Section 2.4.2 of this report.

(c) The exposure to view, from any adjacent premises or from any public place, of any unsightly matter.

Comment: The use would operate from two ground floor rooms and the garage within the existing dwelling house which would not impact the streetscape or be visible from any public places.

(d) The exhibition of any signage (other than a business identification sign).

Comment: No signage is proposed as part of the application.

(e) The use does not involve the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building.

Comment: The use would not involve the sale of items.

As the proposal would interfere with the amenity of the neighbourhood by way of noise emission and traffic generation, the proposed music school would not comply with the definition for a ‘home businesses.

2.1.2 Controls Relating to Miscellaneous Permissible Uses

Clause 5.4(2) of the HLEP prescribes that “if development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 50 square metres of floor area”.

The application states that the proposed home business would occupy an area of 46.3m². However, this calculation does not include the trafficable areas between designated music rooms or the bathroom which can be assumed would be made available to staff and students. With the inclusion of these areas, the home business would occupy 73.6m² which does not comply with the HLEP floor area provision.

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

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

The application would not involve any building works and would not impact on water quality within the catchment.

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). A discussion on compliance with relevant performance requirements and Part 1C General Controls is provided below.

2.4.1 Transport and Parking

The desired outcomes of Part 1C.2.1 Transport and Parking are to encourage “development that manages transport demand around transit nodes to encourage public transport usage”, “carparking and bicycle facilities that meet the requirements of future occupants and their visitors” and “development with simple, safe and direct vehicular access”.

To meet the definition of a ‘home business’, a proposal must “not involve interference with the amenity of the neighbourhood by reason of …traffic generation or otherwise”.

To address the traffic generation associated with the home business, the applicant submitted a Traffic and Parking Assessment Report prepared by Varga Traffic Planning Pty Ltd, dated 13 June 2019.

The key assertions of the report are outlined below:

· Off-street parking is provided for four cars, two on the Carmen Crescent driveway and two in tandem arrangement on Miranda Close driveway.

· Non-resident staff and students would use on-street kerbside parking.

· The proposed home business would generate up to 16 vehicle trips during the PM peak hour comprising 8 inbound vehicle movements and 8 outbound movements. External staff would be expected to arrive and depart outside of the typical PM peak periods and would not contribute to additional peak hour vehicle movements.

· The projected net increase in traffic activity would not have unacceptable traffic implications in terms of road network capacity as well as road environment capacity.

· There are some 126 kerbside parking spaces within 300 metres of the property.

· There are more than 109 vacant kerbside parking spaces on a typical weekday during the proposed operating hours of the home business.

· There are more than 98 kerbside parking spaces on a typical Saturday during the proposed operating hours of the home business.

· Parents dropping-off or picking-up students would do so briefly, most likely remaining at the site momentarily. Parents dropping-off children for a lesson would most likely arrive and depart before parents arrived to pick-up children after the previous lesson.

· The proposed development could momentarily generate a car parking demand of up to 10 spaces, although the longer-term parking demands generated throughout the duration of the proposed home business would be only 2 spaces.

Submissions were received raising the following traffic and parking concerns:

· On-street car parking should be limited to Carmen Crescent as parking on Miranda Close would make access to driveways difficult and would inhibit visibility.

· Carmen Crescent, Miranda Close and Josephine Crescent are of insufficient width to allow two-way travel when on-street parking is also present.

· The figures presented in the Traffic and Parking Assessment Report demonstrate that operation of the home business would result in an additional 528 vehicle trips per week in the immediate vicinity of the property.

· Due to the characteristics of Carmen Crescent, increased on-street parking would reduce visibility and with added pedestrian activity, may lead to hazardous situations.

· It is unreasonable for the Traffic and Parking Assessment Report to claim there to be 126 parking spaces within 300 metres of the property as patrons would always park where most convenient.

In reviewing the submitted traffic report and submissions, the following observations are made:

· The Traffic and Parking Assessment does not take into consideration the possibility that, with lessons limited to 30 minutes, parents may wish to accompany their children into the premises or opt to wait in their vehicles. This would lead to the longer-term parking demands generated to be more than the 2 spaces stated.

· The proposal has not considered implementing measures to minimise its kerbside parking demand such as buffer times. Buffer times between lessons to allow for outgoing students to leave before incoming students arrive, would serve to minimise the total number of kerbside parking spaces required and allow for staff to prepare rooms and lesson material for incoming students.

· There is an expectation that the majority of traffic on Carmen Crescent and Miranda Close would be generated by residents of the properties which have frontage to these roads. With the home business to be generating up to 528 additional vehicle trips per week, there would be perceptible amenity impacts to adjacent properties associated with the extra traffic regardless of the alleged minimal implications in terms of road network capacity and road environment capacity.

· The road width of Miranda Close does not support on-street car parking on both sides of the street. Should kerbside parking be sought along both sides of Miranda Close, it would not allow for the passing of any other vehicles and would prevent access to and from the properties that have frontage to this road.

· Kerbside parking along both sides of Carmen Crescent would effectively reduce the road to supporting one-directional traffic. It is considered that the off-street parking required for employees and students of the home business would exacerbate this situation. Being a corner allotment, cars parked at the kerb in the vicinity of the site may act to obstruct line-of-sight which would lower vehicle and pedestrian safety especially during the weekday evenings.

As the proposed home business would interfere with the amenity of the neighbourhood by reason of traffic generation, the application cannot be supported.

2.4.2 Noise and Vibration

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

To meet the definition of a ‘home business’, a proposal must “not involve interference with the amenity of the neighbourhood by reason of the emission of noise, vibration…or otherwise”.

Submissions were received raising the following noise concerns:

· The potential to receive noise from instruments on all weekday evenings and all-day Saturday is unacceptable in a low density residential area.

· The noise from the additional vehicle movements generated by the operation of the home business would be unacceptable.

· Loud music has been heard daily from neighbouring properties on Carmen Crescent and intermittently from Miranda Close during the current unauthorised operation of the home business.

An Operational Noise Emission Assessment prepared by Acoustic Dynamics dated 24 July 2019 was submitted with the application.

The acoustic report concludes that predicted operational noise emission for the proposed home business, being from the instruments, air conditioning and movement of students to and from the premises would be within a 5dBA increase of background noise levels and therefore compliant with the policies and guidelines of Council and the EPA for industrial developments.

The report specifies that background measurements were collected in locations representative of the existing noise environment of the nearest sensitive receivers at No. 30 and 32 Carmen Crescent and No. 3 and 4 Miranda Close.

To limit the impacts of additional noise, the report offers a management plan outlining the following measures to be implemented:

· Staff to ensure patrons leave in a quiet and sensible manner to be reinforced with appropriate signage;

· Patrons to be asked to part cars on the northern side of Carmen Crescent;

· Air conditioning servicing the home business to be turned off outside of operating hours; and

· At cessation of trade, staff should discourage loitering near premises.

In reviewing the submitted acoustic report and submissions, the following observations are made:

· The report is based on modelling and calculation to predict the likely maximum noise emissions.

· There is no evidence as the whether any testing/ site readings have been undertaken, including date and times; receptor locations, results from these readings, site map showing where the readings were taken, etc.

· The recommendations from the acoustic report do not include any attenuation measures and only specify a Plan of Management requiring the staff to ensure patrons leave quietly and park in limited locations, turn of air-conditioning outside of operating hours and discourage loitering near the venue.

· Notwithstanding the conclusion presented in the acoustic report that noise emissions from the home business would be within 5dBA of background noise levels, Council has received submissions indicating that music from the premises and noise from the associated traffic is audible.

· As no building works are proposed, it is assumed that acoustic treatments would not be installed to minimise noise emissions from instruments. Therefore, levels of disturbance currently experienced by adjoining properties with the current operation of the home business would persist.

As the music school is currently operating and the submitted acoustic report does not include any actual site readings, it is concluded that the noise emissions of the proposed home business would be perceptible from the adjacent properties resulting in offensive noise. With the home business to operate on all weeknights at hours in the evening when low background noise is expected, its noise emissions may be considered to have a detrimental effect to residents of adjacent properties and would interfere with the amenity of the neighbourhood.

As a consequence, the application cannot be supported as the noise would be considered intrusive within a residential setting and be counter to the requirements of a ‘home business’.

2.4.3 Vehicle Access and Parking

The desired outcome of Part 3.1.7 Vehicle Access and Parking of the HDCP encourages “development that provides sufficient and convenient parking for residents with vehicular access that is simple, safe and direct”.

This outcome is supported by prescriptive measure 3.1.7(a) of the HDCP which prescribes that “car parking for dwelling houses should be provided behind the front building line”.

As the proposed home business would occupy the existing garage, it would prevent its intended use as residential car parking. The application has failed to demonstrate where on the site that compliant car parking behind the front building line would be provided to compensate for the loss of the use of the garage.

2.4.4 Inconsistent Information

On page 5 of the acoustic report, it is stated that there would be a maximum of 3 classes running at any one time. However, page 15 of the report outlines that Acoustic Dynamics undertook calculations and modelling to assess the maximum noise emission levels from 4 music lessons. With the Statement of Environmental Effects stating that the home business would limited to 3 employees of which only one would be a resident, it is not clear how 4 music lessons could be conducted. This inconsistency casts doubt as to the scale of the proposal.

2.5 Section 7.11 and Section 7.12 Contributions Plans

As the proposal would not result in any additional residential dwellings or be greater than $100,000 in estimated cost of works, the Hornsby Shire Council Section 94 Contributions Plan 2014-2024 and Section 94A Contributions Plan 2014 – 2024 do not apply.

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 Bushfire

The subject site is identified as being bushfire prone with a Bushfire Attack Level (BAL) of BAL-FZ.

It is unlikely that the proposal would have any impacts to the fire resistance of the existing dwelling house or to the natural environment as there would be no building works and the home business would be operating entirely within the confines of the dwelling house and would be serviced by the existing amenities.

3.2 Built Environment

3.2.1 Compliance with the Building Code of Australia

Whilst the application states that no building works are proposed, a site inspection of the existing dwelling house conducted by Council on 19 September 2019 identified that internal alterations to achieve the floor configuration as shown on the submitted floor plans were completed without development consent or certification. New walls, floor and wall linings have been constructed as unauthorised works to supplement the home business, currently operating without consent.

It is considered that the rooms resulting from these unauthorised works have floor to ceiling heights that are less than 2.4 metres in height contrary to Section F3.1 of the National Construction Code – Building Code of Australia.

Further, it is unclear whether the newly configured rooms have adequate lighting and ventilation in accordance with Section F4 of the National Construction Code – Building Code of Australia.

3.3 Social Impacts

The proposed home business would make a positive social contribution to the local community by providing services for the cultural needs of local residents. However, as evidenced by the number of objections received and Council’s assessment on noise and traffic generation, the home business in its current form would be detrimental to the residential amenity of immediate properties.

It is considered that the scale of the home business is inappropriate for the locality and is better suited to a location that supports more intensive land uses than that of a low density residential zone.

3.4 Economic Impacts

The proposal would have a minor positive impact on the local economy by generating an increase in employment opportunities.

4. SITE SUITABILITY

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

Due to the scale of the proposed home business and its impacts to the amenity of the neighbourhood in terms of noise and traffic generation, it is considered that the site would not be capable of supporting the development and is considered unacceptable.

It would be more suitable to establish the music school as a business premises within a nearby business land use zone. Not only would this remove the development as a potential nuisance to the neighbourhood but also cater to the future growth of the business without the need to comply with the strict limitations of a ‘home business’.

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 9 May 2019 to 24 May 2019 and again from 5 August 2019 to 20 August 2019 in accordance with the Notification and Exhibition requirements of the HDCP. During these periods, Council received 13 unique submissions by way of objection. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

TWO SUBMISSIONS RECEIVED OUT OF MAP RANGE

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

· A home business that does not comply with Council’s 50m² floor area control.

· A home business that would have excessive operating hours.

· Unacceptable traffic on local streets and reduction of on-street car parking spaces.

· Unacceptable noise from instruments and additional pedestrian and vehicle traffic.

· Devaluation of adjoining properties.

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

5.1.1 Property Value

Submissions have been received raising concerns that the proposed home business would adversely affect the value of neighbouring properties.

In addressing this concern, Section 4.15 of the Environmental Planning and Assessment Act 1979 does not require Council to take into consideration the impact of a development on the value of nearby properties.

5.2 Public Agencies

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

6. THE PUBLIC INTEREST

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

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

The application is considered to not have satisfactorily addressed Council’s criteria for a ‘home business’ and would provide a development outcome that, on balance, would not result in a positive impact for the community. Accordingly, it is considered that the approval of the proposed development would not be in the public interest.

CONCLUSION

The application proposes the use of a dwelling house for a home business.

The proposal received more than 10 submissions by way of objection raising concerns with respect to noise, traffic and parking. The Local Planning Panel is the consent authority for the application.

The application is recommended for refusal.

The reasons for this recommendation are because:

· The proposal does not satisfy the definition of a home business as defined in the Hornsby Local Environmental Plan 2013 as it would interfere with the amenity of the neighbourhood by reason of the emission of noise and traffic generation; and

· The proposal does not comply with the 50m² floor area control as prescribed under Clause 5.4(2) of the Hornsby Local Environmental Plan 2013.

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 Lawrence Huang.

Cassandra Williams

Major Development Manager

Planning and Compliance Division

Rod Pickles

Manager - Development Assessments

Planning and Compliance Division

Attachments:

1.⇨	Locality Plan
2.⇨	Floor Plan

File Reference: DA/299/2019

Document Number: D07756347

SCHEDULE 1

1. The proposed development is unsatisfactory with respect to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979 as follows:

1.1 The proposal does not satisfy the definition of a home business as defined in the Hornsby Local Environmental Plan 2013 which requires that the business does not involve interference with the amenity of the neighbourhood by reasons of the emission of noise and traffic generation.

1.2 The proposal does not comply with Clause 5.4(2) of the Hornsby Local Environmental Plan 2013 which requires that home businesses must not involve the use of more than 50 square metres of floor area.

2. The proposed development is unsatisfactory with respect to Section 4.15(1)(iii) of the Environmental Planning and Assessment Act 1979 as it does not comply with Part 3.1.7 Vehicle Access and Parking of the Hornsby Development Control Plan 2013. The application does not demonstrate where compliant car parking would be sited with the loss of the garage.

3. The proposed development is unsatisfactory with respect to Section 4.15(c) of the Environmental Planning and Assessment Act 1979 as the site is not suitable for the proposed development.

4. The proposed development is unsatisfactory with respect to Section 4.15(1)(b) and (e) of the Environmental Planning and Assessment Act 1979 as it is considered that the proposed development would not be in the public interest and would result in undesirable environmental and social impacts.

- END OF REASONS FOR REFUSAL -

LPP Report No. LPP28/19

Local Planning Panel

Date of Meeting: 23/10/2019

4 DEVELOPMENT APPLICATION - INCREASE CAPACITY OF CHILD CARE CENTRE FROM 56 CHILDREN TO 64 CHILDREN - 2A BEROWRA ROAD, MOUNT COLAH

EXECUTIVE SUMMARY

DA No:	DA/712/2017/A (Lodged on 22 March 2019)
Description:	Section 4.55(2) Modification to increase child care capacity from 56 children to 64 children and internal and external alterations to the building
Property:	Lot 11 DP 551828, No.2A Berowra Road, Mount Colah
Applicant:	Child Care Property Holdings Pty Ltd
Owner:	Child Care Property Holdings Pty Ltd
Estimated Value:	$50,000
Ward:	A

· The application proposes to increase the capacity of the approved child care centre from 56 children to 64 children and internal and external alterations to the building.

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

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

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/712/2017 for demolition of a dwelling and construction of a 56-place purpose-built child-care centre with basement car parking at Lot 11 DP 551828 No. 2A Berowra Road, Mount Colah be amended subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP28/19.

BACKGROUND

On 27 June 2018, the Hornsby Local Planning Panel approved DA/712/2017 for demolition of a dwelling and construction of a 56-place purpose-built child-care centre with basement car parking.

On 22 March 2019, DA/712/2017/A was lodged for modification to increase child care capacity from 56 children to 69 children and internal and external alterations to the building.

On 3 April 2019, Council requested the following information:

· An on-street parking survey in the vicinity of the proposed site conducted during school terms to justify the shortfall of off-street parking for the proposed site.

· Detailed Civil Engineering designs of formal kerb and gutter, with concrete footpath, along the Belmont Parade boundary and formal ‘Give Way’ facilities at the intersection of Berowra Road and Belmont Parade (delineation line markings and signage ).

On 2 August 2019, an amended traffic and parking report and engineering plans were submitted to Council.

On 18 September 2019, the applicant sent an email to Council agreeing that Council should assess the subject modification application based on a child care centre for 64 children due to insufficient landscaping for 69 children.

SITE

The 815m² site is a rectangular shaped corner allotment located on the eastern side of Belmont Parade and the southern side of Berowra Road. The site has a frontage of 48.7m to Belmont Parade and 16m to Berowra Road. To the south of the site adjoins land dedicated as a road reserve which is identified as future link from the Pacific Highway to the M1 Motorway.

The site experiences a minor 0.3m fall from west to east.

A 79.6m² portion of land, towards the secondary frontage along Belmont Parade, is identified for future road acquisition by Roads and Maritime Services.

The site contains a under construction child care centre and vehicular access to the site is via a driveway from Berowra Road.

Surrounding developments consist of single storey residential dwelling houses. The site is located 22m from the Northern Railway Line, approximately 500m from Mount Colah Train Station and 300m to the south of Mount Colah Public School. In addition, the site is located 50m to the east of the Mount Colah five storey residential housing precinct.

The MODIFICATION

The Section 4.55 application seeks to modify the approved development as follows:

Increase the capacity of the child care centre from 56 places to 64 places as a result of the RMS not requiring the immediate acquisition of the 79.61m² south-western corner of the site. The 79.61m² landscaped area would be incorporated into the site for the purposes of providing 7m²unencumbered outdoor play space per child and enables additional child care placements. If and when the land is required and is resumed, then the capacity of the child care centre would reduce back to 56 places.

The modification also proposes to modify condition 51(b) by deleting the age group requirement requiring a minimum of 33% of all children to be for 0-2-year olds.

In addition, the following built form changes are proposed:

· External covered outdoor area at ground level to be enclosed to allow for an additional 19.5m² of indoor area.

· Additional sliding door at ground level added to provide rear access to the children’s water-closet.

· 0.9m high masonry front fence with cement render and paint finish to be erected beside the ramp for wheelchair access.

· Consolidated bathroom and storage room on the first-floor level.

· Deletion of a corridor on the first-floor area to increase the size of the indoor play area.

ASSESSMENT

1. STRATEGIC CONTEXT

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

A Metropolis of Three Cities – the Greater Sydney Region Plan has been prepared by the NSW State Government to guide land use planning decisions for the next 40 years (to 2056). The Plan sets a strategy and actions for accommodating Sydney’s future population growth and identifies key targets such as dwelling numbers, infrastructure planning, liability, sustainability and productivity.

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

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

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

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

Over the next 20 years to 2036, projections show an expected increase of 6,150 children aged 4 years and under. The identified challenge for Hornsby Shire will be to provide additional child care places for young children. The proposed child care centre could be consistent with the objectives of the strategy by providing 8 additional child care places to support a growing population.

2. Environmental Planning and Assessment Act 1979 - Section 4.55(2)

The proposal constitutes an amendment under Section 4.5(2). Pursuant to Section 4.55(2) of the Environmental Planning and Assessment Act 1979, Council may consider an application to amend development consent provided that, inter alia:

“(a) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and

(b) it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 4.8) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

(c) it has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(d) it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be.

Subsections (1) and (1A) do not apply to such a modification.

(3) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15 (1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.

(4) The modification of a development consent in accordance with this section is taken not to be the granting of development consent under this Part, but a reference in this or any other Act to a development consent includes a reference to a development consent as so modified.

(5) (Repealed)

With respect to (a), it is considered that the proposal as amended is substantially the same as the development originally approved.

Section 4.5(2)(b) is not applicable as the development is not integrated development or State significant development.

In accordance with Section 4.5(2)(c) and (d), the amended application was advertised, and 3 submissions were received. These submissions are addressed in the report.

In accordance with Section 4.5(3) the modification would be consistent with the original reasons for approval which were:

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

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

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

3. STATUTORY CONTROLS

3.1 Hornsby Local Environmental Plan 2013

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

3.1.1 Zoning of Land and Permissibility

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

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

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

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

3.1.2 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 Section 4.55 modification does not propose any building works which would alter the existing approved building height which complies with this provision.

3.1.3 Clause 5.3 Development near zone boundaries

Clause 5.3 of the HLEP 2013 describes where development that is within 20m of a zone boundary, development consent may be carried out in the adjoining zone, but only if the consent authority is satisfied that:

a) The development is not inconsistent with the objectives for development in both zones, and

b) The carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.

The application proposes to use 79.6m² of area zoned SP2 Infrastructure within the south-western corner of the site for unencumbered outdoor play area for the child care centre. It is noted that no built structures would be permitted within this area. As the site is located within 20 metres of the R2 Low Density Zone and does not propose any physical structures, it is considered that the use of the portion of SP2 land for outdoor play area for a child care centre would comply with Clause 5.3 of the HLEP which facilitates the application of the R2 zone within the area zoned SP2 Infrastructure and would not be inconsistent with the objectives of both zones.

3.2 State Environmental Planning Policy (Infrastructure) 2007

Council received advice from the RMS raising no objections to the temporary use of land within the dedicated 79.6m² area for the proposed child care centre, subject to a condition restricting any new buildings or structures located within the dedicated area.

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

State Environmental Planning Policy (Educational Establishments and Childcare Facilities) 2017 commenced on 1 September 2017. The SEPP overrides the Hornsby Development Control Plan with respect to certain aspects of the development including reference to ages, age ratios, groupings and numbers of the like. The SEPP determines that the provisions of the Child Care Planning Guideline (CPG) generally take precedence over a DCP, other than building height, side and rear setbacks and parking rates.

The child care centre which is currently under construction proposes to increase the capacity of the centre by 8 children to 64 children. It is noted that the original modification as lodged proposed to increase the capacity to 69 children.

The approved landscape plan indicates 1m wide planter boxes along the eastern side boundary to assist in achieving amenity and privacy to the adjoining residential property at No.2B Berowra Road which complies with the CPG.

The CPG specifies that planter boxes/screen landscaping should not be included as unencumbered outdoor play space and that areas that are difficult to supervise such as the eastern side boundary between the building and the boundary fence should not be included as unencumbered area. Council’s calculation of the areas to be excluded revealed that the child care centre would have 448.5m² of total unencumbered area for the site which would allow for a total of 64 children. Accordingly, Council recommends that the capacity of the centre be increased to 64 children instead of the originally proposed 69 children due to insufficient unencumbered landscaping for 69 children.

It is considered that the modification would comply with the design quality measures addressed by the CPG including fencing, laundry and hygiene facilities, unencumbered indoor and outdoor space, toilet and hygiene facilities, ventilation and natural light, administrative space, nappy change facilities, natural environment, shade and design for supervision. The child care centre generally complies with the National Quality Framework Assessment Checklist and is acceptable.

3.4 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 – Part 7 Community
Control	Proposed	Approved	Requirement	Compliance
Site Area	815m²	815m²	N/A	N/A
Height	No change	8.5m	8.5m	Yes
Storeys	No change	2 storeys	2 storeys	Yes
Scale · Floor Area · Site Coverage	No change No change	380m² 50%	Max 380m² Max 50%	Yes Yes
Number of Children	64	54	Max 60	No (See discussion below)
Recreation Space · Indoor: 3.25m² child · Outdoor: 7m² per child	227.5m² 480.6m² (including RMS land)	201m² 401m² (excluding RMS land and screen landscaping)	208m² 448m²	Yes Yes
Setbacks (To building) · Front (Berowra Road) · Secondary Frontage (Belmont Parade) · Side (East) - Ground floor - First floor · Rear - Ground floor - First floor	No change No change No change No change No change No change	6.6m-11m 1.7m-2.89m 2m 2m 15.8m 21m	6m 3m 2m 2m 3m 8m	Yes No (N/A as already approved) Yes Yes Yes Yes
Landscaped Area	55% (449m²) - including land acquisition	45% (370m²) - not including land acquisition	30%	Yes
Parking (1 space per 4 children)	14 spaces	14 spaces	16 spaces	No (See discussion)

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

3.4.1 Traffic and Parking

The child care centre was approved at 56 child care spaces as only 14 car spaces were provided, the current modification proposes to increase the capacity by 8 children to 64 children and the child care centre would have a shortfall of 2 car spaces.

In support of the application, the applicant provided an on-street parking survey in the vicinity of the child care centre which was conducted during school terms to justify the shortfall of off-street parking.

The submitted traffic report was conducted on Monday June 3 2019 and Wednesday 5 June 2019 between 6:30 am and 10:30am and 3pm and 6:30pm and assessed the number of parked cars along both sides of Berowra Road and surrounding streets.

The survey revealed the following:

· During 6:30am to 10:30am along the southern side of Berowra Road, an average of 5 on-street car spaces were available.

· During 3pm to 6:30pm along the southern side of Berowra Road, an average of 4.4 on-street car spaces were available.

· During 6:30am to 10:30am along the northern side of Berowra Road, an average of 3 on-street car spaces were available.

· During 3pm to 6:30pm along the northern side of Berowra Road, an average of 2.6 on-street car spaces were available.

The survey results indicated that Berowra Road has sufficient capacity to cater for 2 additional car spaces used by parents or staff during the peak drop off and pick up times of the child care centre.

The applicant proposes to provide a public benefit as a result of the modification to increase the capacity of the centre by 8 children by constructing kerb and guttering with a concrete footpath along the Belmont Parade boundary and install formal ‘No Stopping’ signs at the intersection of Berowra Road and Belmont Parade and ‘Give Way’ signage. It is considered that the proposed civil engineering works would assist in preventing illegal parking along an unformed section of Belmont Parade and would improve traffic and pedestrian safety.

Given the above, Council considers that the projected increase in traffic activities as a result of the increase in capacity by 8 children would be minimal when compared to the maximum number of vehicles that can be accommodated by the local road network surrounding the site. The public domain improvements as a result of the modification would improve the safety of pedestrians and vehicles using Belmont Parade.

3.4.2 Scale

The Child Care Guideline reports that an additional 2,700 long day care centres would be required by 2036 to address shortages and meet projected demand. The SEPP aims to respond to the demand for childcare centres and to require centres to be assessed on their merits, and not be constrained by an artificial cap on numbers.

Table 7.1.2(b) of the HDCP provides intensity controls to limit the size of child care centres. In residential zones, a maximum of 30 children is permitted for a dwelling house conversion and up to 40 children is permitted for a purpose-built centre. The controls permit a capacity of 60 children when at least 33% of places are provided for 0-2 years. The modification proposes to increase the child care numbers to 64 children and delete the requirement that 33% of all places must be provided for 0-2-year olds which does not comply with the above HDCP requirement.

As a consent authority cannot apply more onerous standards than required under the SEPP, the intensity controls of the HDCP as detailed above have no effect since commencement of the SEPP. The ages, age ratios, or numbers of children is not a matter for consideration in the SEPP or Guideline and accordingly no objection is raised to the modification.

3.4.3 Open Space

The modification proposes to increase the internal floor area by 26.5m² by enclosing an area previously dedicated as outdoor play space at ground level, minor floor area adjustments to the bathroom on the first floor and modification to the layout of the corridor on the first floor to cater for additional child numbers with regard to indoor space requirements.

The modification proposes to temporarily use 79.61m² of land to be acquired by the RMS as unencumbered landscaping to accommodate an additional 8 children.

The modification to the child numbers would comply with the requirements of Regulation 107 and 108 of the Education and Care Services Regulation and the Child Care Planning Guideline 2017 and is considered acceptable.

3.4.1 Acoustics

The application includes an Acoustic Assessment prepared by Day Design consulting acoustic engineers, dated 22 March 2019. The acoustic report acknowledges the acoustic recommendations from the previously approved acoustic report prepared by Cundall Acoustics for 60 children.

The acoustic report provides an assessment of external noise intrusion into the child care centre, as well as contributed noise emission levels from noise sources associated with the development at nearby residential receivers. The report notes that the approved heights of the sound barrier walls on the northern, eastern, southern and western boundaries are acceptable and made a number of recommendations including increased glazing specifications, operational noise management measures and increased insulation and roof acoustic measures.

The modification to the requirement that 33% of children must be 0-2-year olds would not alter the approved acoustic recommendations as the measurements in the acoustic report did not provide recommendations based on age ratios and instead used the total number of children being 69 to inform a recommendation.

Council’s environmental noise assessment of the child care centre concurs with the recommendations within the submitted noise assessment and raises no objections to the proposal subject to conditions recommending implementation of the acoustic assessment recommendations.

4. ENVIRONMENTAL IMPACTS

4.1 Built Environment

4.1.1 Traffic

The RMS Guide to Traffic Generating Developments gives an environmental capacity for a local residential street of 200 vehicles per hour during peak hours. When existing traffic volumes are taken into account, the 8 additional trips in the PM peak hour generated by the proposed child care centre would not exceed the environmental capacity of Berowra Road and accordingly, additional traffic generation is not considered an issue. In addition, the arrival and departure times of children at long day care centres are commonly staggered over a few hours in the morning and afternoon.

Given the above, Council considers that the projected increase in traffic activities is minimal when compared to the maximum number of vehicles that can be accommodated by the local road network surrounding the site.

4.2 Social Impacts

The proposed modification to the child care centre would provide a total of 64 child care spaces in the locality. The development would make a positive social contribution to the local community by providing additional child care options.

4.3 Economic Impacts

The proposal would have a minor positive impact on the local economy by generating an increase in demand for local services.

5. 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.

6. PUBLIC PARTICIPATION

Section 4.15(1)(d) of the Act requires Council to consider “any submissions made in accordance with this Act”.

6.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 11 April 2019 and 26 April 2019 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received 3 submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

3 submissions objected to the development, generally on the following grounds:

· Traffic and parking concerns

· Scale of the development

· General noise concern

· Design of proposal

· Waste issues

These objections are discussed in the report above with the exception of the following:

6.1.1 There is no loading area for service vehicles

It is expected that deliveries for the child care centre would not occur during the peak operation times to compete for car parking, however in the event that deliveries occur within the peak pick up and drop off times, there is sufficient space on Berowra Road to cater for the occasional delivery.

6.1.2 Waste collection concerns

The waste collection room is located in the basement and bins would be placed on the kerb for collection during normal bin days. It is not expected that the location of the bin room would cause any nuisance to surrounding properties.

6.1.3 Design of the proposal is inappropriate

The modification does not propose to alter the approved design of the child care centre.

7. THE PUBLIC INTEREST

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

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

CONCLUSION

The proposal involves modification to an approved child care centre to increase the capacity of the childcare centre from 56 children to 64 children.

The modified proposal generally complies with the relevant provisions of State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, Hornsby Local Environmental Plan 2013, Child Care Planning Guideline 2017 and the Hornsby Development Control Plan 2013. The development is permissible in the zone and is considered to be within the environmental capacity of the site.

Accordingly, the proposed development is recommended for approval.

The reasons for this recommendation are:

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

· The proposed modification would provide a positive social contribution to the local community by providing additional child care options.

· The proposed modification would provide a public benefit by providing public domain improvements.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this report is Matthew Miles.

Attachments:

1. Locality Plan

2. Architectural Plans

3. Civil works Plans

Cassandra Williams

Major Development Manager

Planning and Compliance Division

Rod Pickles

Manager - Development Assessments

Planning and Compliance Division

Attachments:

1.⇨	Locality Plan
2.⇨	Architectural Plans
3.⇨	Civil Works Plan

File Reference: DA/712/2017/A

Document Number: D07769529

Schedule 1

Date of this modification:	23 October 2019
Details of this modification:	Increase the capacity of the child care centre from 56 children to 64 children and minor internal and external additions to the child care centre
Conditions Added:	55A, 55B, 55C, 55D, 55E, 55F
Conditions Deleted:	Nil
Conditions Modified:	1, 48, 51 and 53

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.*	*Issue*	*Plan Title*	*Drawn by*	*Dated*	*Council Reference*
103	B	Site plan	Design planning environments	10.05.2019	D07693836
120	11	Excavation plan	Place Studio	01.06.2018	D07475234
121	11	Demolition ground floor	Place Studio	17.05.2018	D07475234
201	B	Basement plan	Design planning environments	10.05.2019	D07693836
202	B	Ground floor plan	Design planning environments	10.05.2019	D07693836
203	B	First floor plan	Design planning environments	10.05.2019	D07693836
204	B	Roof plan	Design planning environments	10.05.2019	D07693836
205	B	Site access + drop off	Design planning environments	10.05.2019	D07693836
300	B	Section 1	Design planning environments	10.05.2019	D07693836
301	B	Ramp Section	Design planning environments	10.05.2019	D07693836
302	B	Section 2	Design planning environments	10.05.2019	D07693836
400	B	Front elevation	Design planning environments	10.05.2019	D07693836
401	B	Left elevation	Design planning environments	10.05.2019	D07693836
402	B	Right elevation	Design planning environments	10.05.2019	D07693836
403	7	Right elevation (no fence)	Place Studio	12.06.2018	D07475234
404	7B	Rear elevation	Design planning environments	10.05.2019	10.05.2019
206	7	Landscape plan	Place Studio	12.06.2018	D07475234
L-01	E	Site plan	Site design + studios	13.06.2018	D07475234
L-02	E	Detailed plan	Site design + studios	13.06.2018	D07475234
L-03	E	Detailed plan	Site design + studios	13.06.2018	D07475234
L-04	E	Planting Schedule	Site design + studios	13.06.2018	D07475234
L-05	E	Planting Details	Site design + studios	13.06.2018	D07475234

*Document Title*	*Prepared by*	*Dated*	*Council Reference*
External finishes schedule	Place Studio	09.02.18	D07475234
Acoustic report Ref: 1015422 Rev. E	Cundall	12.02.18	D07388254
Environmental Noise Assessment, Ref 6664-1.1R	Day Design Pty Ltd	22.03.2019	D07641035
Traffic and parking assessment Ref: 17302 Final 2	Varga traffic planning	30.08.17	D07291052
Traffic and parking assessment report	TEF consulting	10/07/2019	D07726702
Stormwater & Erosion Plan Nos. 2996H, Sheets 1-6 Rev. A	NiTmA Consulting	08.02.2018	D07388255
Survey Plan No. 160416D1	NGEO Surveys	16.04.2016	D07251524
Waste management plan	Spaces and Places	June 2017	D07251531
Access report Ref: 108254-Access 2	BCA Logic	08.02.2018	D07388253
NSW RMS Concurrence Ref: SYD17/01086	NSW Roads and Maritime Service	31.08.2017	D07288447
Sydney Trains Concurrence letter	Sydney Trains	16.05.2018	D07448334
Acoustics review of boundary fence height Ref 1015422	Cundall	08.06.2018	D07464390
C101 Civil works layout plan, Rev B	Australian Consulting Engineers	23/07/2019	D07726701
C201 Belmont parade - longitudinal section, Rev B	Australian Consulting Engineers	23/07/2019	D07726701
C301 Belmont parade - cross sections, Rev B	Australian Consulting Engineers	23/07/2019	D07726701
C401 Typical cross sections, Rev B	Australian Consulting Engineers	23/07/2019	D07726701
C501 Construction notes and details sheet, Rev B	Australian Consulting Engineers	23/07/2019	D07726701
C601 Signage and line marking layout plan, Rev B	Australian Consulting Engineers	23/07/2019	D07726701

2. Amendment of Plans

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

i) The car parking space marked ‘Temporary peak drop off carpark’ in the south-western corner of the basement level must be deleted as this space is for vehicle manoeuvring.

ii) To provide additional deep soil landscaping within the rear boundary, the rear wall of the basement car park is to be setback from the rear boundary by an additional 360mm which would reduce the aisle width from 6.2m to 5.8m within the basement and provide a rear setback of 1.1m

b) The upper floor window in the eastern elevation must comprise obscure glazing.

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

3. Removal of Existing Trees

a) This development consent permits the removal of trees numbered T1, T2, T3, T5 T6 and T7 as identified on plan number L-01E, Site plan prepared by site design + studios, dated 13/6/2018.

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

4. Appointment of a Project Arborist

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

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

5. Construction Certificate

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

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

6. Section 7.12 Development Contributions

a) In accordance with Section 4.17(1) of the Environmental Planning and Assessment Act, 1979 and the Hornsby Shire Council Section 94A Development Contributions Plan 2014-2024, $26,451.85 must be paid to Council to cater for the increased demand for community infrastructure resulting from the development, based on development costs of $2,645,188.

b) The value of this contribution is current as at 3 April 2018. If this contribution is not paid within the financial quarter that this condition was generated, the contribution payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 94 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$C_{PY =}$C_DC x CPI_PY

CPI_DC

Where:

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

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

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

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

c) c) The monetary contributions must be paid to Council:

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

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

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

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

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

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

7. Dilapidation Report (Prior to demolition)

A ‘Dilapidation Report’ is to be prepared prior to demolition by a ‘chartered structural engineer’ detailing the structural condition of Lot 12 DP 551828, No. 2B Berowra Road, Mount Colah.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

8. Building Code of Australia

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

9. Children (Education and Care Services) Supplementary Provisions Regulation 2004

Documentation prepared by a registered architect is to be submitted with the Construction Certificate to certify that the proposed development is in accordance with the requirements of the Children and Young Persons (Care & Protection) Act 1998 and the Children’s Services Regulation 2012.

10. 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".

11. Sydney Water – Approval

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

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

12. Stormwater Drainage

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

a) Connected to the existing Council drainage pit within Berowra Road 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;

13. Construction Management Plan (CMP)

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

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

b) The plan must include a Construction Traffic Management Plan (CTMP) including the following:

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

ii) Survey plan showing site sheds, concrete pump location, crane location and existing survey marks;

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

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

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

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

ii) Asbestos management requirement and procedures for removal and disposal from the site in accordance with AS 2601–2001 – ‘The Demolition of Structures’, and the Protection of the Environment Operations (Waste) Regulation 2005;

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

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

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

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

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

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

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

14. On Site Stormwater Detention

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

a) Have a capacity of not less than 10.7 cubic metres, and a maximum discharge (when full) of 13 litres per second;

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

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

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

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 2890.1, 2890.2, 3727 and the following requirements:

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

b) The driveway be a rigid pavement.

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;

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

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

17. Erection of Construction Sign

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

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

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

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

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

18. Protection of Adjoining Areas

a) 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:

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

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

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

e) 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.

19. Toilet Facilities

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

b) Each toilet must:

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

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

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

20. Erosion and Sediment Control

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

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

21. Installation of Tree Protection

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

22. Tree Protection Zone - Ground Protection

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

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

23. Tree Protection Certification

To ensure that all tree protection measures are correctly installed, a certificate from an 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

24. 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.

25. 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.

26. Construction Traffic Management Plan Compliance

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

27. Street Sweeping

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

b) 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.

28. Asbestos and Soil Contamination

Should the presence of asbestos or soil contamination, not recognised during the application process be identified during works, the applicant must immediately notify the Principal Certifying Authority (PCA) and Council.

29. Demolition

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

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

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.

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

30. Environmental Management

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.

31. Works Near Trees

a) No consent is granted for any works within the Structural Root Zone of trees numbered T4 on the adjoining property at No.2B Berowra Road.

b) To maintain tree health and condition, the appointed project arborist must monitor and record any and all necessary remedial actions required for trees numbered T4 on the approved plans.

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

d) Any and all necessary excavations within the Tree Protection Zone of trees to be retained numbered T4 on the approved plans, must be undertaken as prescribed in Section 4 clause 4.5.4 in the Australian Standard AS 4970-2009 – “Protection of Trees on Development Sites”.

e) To minimise the environmental impacts of the development within the Tree Protection Zone (TPZ) of trees to be retained, numbered T4 on the approved plans:

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

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

iii) For manual excavation of trenches the project arborist must advise on roots to be retained and must monitor the works. Manual excavation may include the use of pneumatic and hydraulic tools as prescribed in the Australian Standard AS 4970-2009 – “Protection of Trees on Development Sites” Section 4 clause 4.5.5.

f) Where scaffolding is required it must be erected outside the TPZ and in accordance with AS 4970-2009 Section 4 clause 4.5.6.

32. 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 the prescriptive measures of Part 1B.6.1 Tree Preservation of the Hornsby Development Control Plan, 2013, of any tree to be retained.

33. Works Near Trees Certification

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

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

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

34. Council Property

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

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

35. Disturbance of Existing Site

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

36. 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.

37. Excavated Material

All excavated material removed from the site must be classified by a suitably qualified person in accordance with the Department of Environment, Climate Change and Water NSW Waste Classification Guidelines and Protection of the Environment Operations (Waste) Regulation 2014 prior to disposal to an approved waste management facility and tipping dockets submitted to the Principal Certifier prior to the issue of an Occupation Certificate.

38. 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.

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

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:

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. Landscaping Requirements

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

41. 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.

42. Final Certification Arborist

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

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

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

d) The Project Arborist Certification must include all recorded information from scheduled inspections and statement of overall site attendance, the condition of the retained trees, details of any deviations from the approved tree protection measures and their impacts on trees.

Note: Copies of monitoring documentation may be required.

43. Retaining Walls

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

44. Creation of Easements

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

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

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

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

45. Works as Executed Plan

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

46. Outdoor Play Area

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

47. Boundary Fencing

Boundary fencing should be installed as per the following requirements:

a) Boundary fencing must only be installed behind the front building alignment.

b) The boundary fencing must be a maximum 2.2m high in the Acoustic Report, Reference No. 1015422 Rev E prepared by Cundall dated 12 February 2018.

c) Fencing within the front boundary, in-front of the child care building must be a maximum 1.2m high.

d) The acoustic fencing along the first-floor play area must be a minimum 1.5m high from the finished floor level.

48. Acoustic Treatment and Certification

Acoustic treatment including boundary fencing must be provided to the proposed development in accordance with the recommendations contained within the Acoustic Report, Reference No. 1015422 Rev E prepared by Cundall dated 12 February 2018 and the Environmental Noise Assessment prepared by Day Design Pty Ltd dated 22 March 2019 and must include the following:

a) No windows located along the ground floor, eastern side elevation.

b) The single window along the first floor, eastern side elevation to be fixed glass to allow for light penetration into the indoor recreation area only.

c) Boundary fencing be continuous with no gaps or holes and be a minimum height of 2.2m above ground level.

d) Acoustic fencing along first floor play area to be 1.5m high to provide a barrier to sound transfer.

e) On completion of all works and prior to the issue of an Occupation Certificate, the PCA must be provided with a certificate from a qualified acoustic consultant certifying that all acoustic works have been completed in accordance with the recommendations contained within the Acoustic Report, Reference No. 1015422 Rev E prepared by Cundall dated 12 February 2018 and the Environmental Noise Assessment prepared by Day Design Pty Ltd dated 22 March 2019.

49. Waste Management Details

The following waste management requirements must be complied with:

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

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

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

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

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

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

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

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

Note: Ramps between different levels are acceptable

50. Food Premises

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

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

b) The fit out and operation of that part of the building to be used for the manufacture, preparation or storage of food for sale, must be in accordance with Australian Standard 4674-2004 – Design and fit out of food premises, the Food Act 2003, and the Food Regulation 20010 and the Food Standards Code developed by Food Standards Australia New Zealand. Food Standards 3.3.1. 3.2.2 and 3.2.3 are mandatory for all food businesses.

Note: Walls are to be of solid construction.

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

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

OPERATIONAL CONDITIONS

51. Use of Premises

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

b) The child care centre shall accommodate a maximum of 56 children.

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

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

ii) Saturday, Sunday & Public Holidays - No work (Other than for 4 Saturdays per year for special occasions).

52. Car Parking

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

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

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

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

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

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

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

53. Child Care Centre Management

a) The child care centre must be managed in accordance with the recommendations of the Environmental Noise Assessment prepared by Day Design Pty Ltd dated 22 March 2019.

b) A management plan must be prepared and adhered to in accordance with the recommendations of the acoustic report.

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

54. Waste Management

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

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

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

c) All bins must be returned to the on-site bin storage area promptly after waste and recycling collection services.

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

55. Fire Safety Statement - Annual

On at least one occasion in every 12-month period following the date of the first ‘Fire Safety Certificate’ issued for the property, the owner must provide Council with an annual ‘Fire Safety Certificate’ to each essential service installed in the building.

ADDITIONAL OPERATIONAL CONDITIONS AS A RESULT OF INCREASE OF CHILD CARE CAPACITY FROM 56 TO 64

Note: The following conditions listed below (Conditions 55A to 55D) must be completed to the satisfaction of Council prior to the increase in children numbers from 56 to 64 taking place.

At any time should the 79.6m² of landscaped area or part thereof be acquired by the RMS or other government authority, the maximum number of children accommodated in the child care centre must be reduced to a maximum of 56 children.

55A. Road Works

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

a) A concrete footpath across the frontage of the subject site at Belmont Parade is to be constructed.

b) A kerb and gutter and pavement across the frontage of the subject site at Belmont Parade are to be constructed.

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

d) 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.

e) Hornsby Shire Council must approve of the Construction Certificate plan for the proposed road works at Belmont Parade and a Subdivision Construction Certificate must be submitted and approved by Hornsby Council, prior to the commencement of works.

55B. Signage and linemarking

a) The following amendments to the Signage and linemarking layout plan’ prepared by Australian Consulting Engineers dated 01.08.2019 is required prior to submission of the plan to the Local Traffic Committee:

i) Change the arrow of ‘No Stopping’ sign on Belmont Parade near Berowra Road to both sides.

ii) Slightly change the location of the ‘Give Way’ sign.

iii) Trim the new BB line to the start of the new driveway.

iv) Provide Reflectorised Raised Pavement Markers (RRPMs) on both sides of the new BB line, 6 metres distance, centre to centre.

v) A ‘No Stopping’ sign on the approach of Berowra Road, located at the south of the new driveway.

vi) A ‘No Stopping’ sign on the departure of Berowra Road, 10 metres away from the kerb side.

vii) A ‘No Stopping’ sign on the eastern approach of Belmont Parade, 10 metres away from the kerb side.

viii) Change the road name in drawing and title block from ‘BERWORA ROAD’ to ‘BEROWRA ROAD’.

ix) Change the scale of the TB lines to be more visible as dashed lines.

b) The signage and line marking plan must be submitted and approved by Council’s Local Traffic Committee prior to installation of the signage and line marking.

55C. Works as Executed Plan

Works-as-executed plan must be prepared by a registered surveyor and submitted to Hornsby Council for completed road pavement, kerb & gutter, footpath and public drainage systems.

55D. Damage to Council Assets

55E. Increase in Childcare Capacity from 56 children to 64 children requirements

Conditions 55A to 55D must be completed to the satisfaction of Council prior to the increase in children numbers to 64 children. Written confirmation of Council’s satisfaction of completion of Conditions 55A to 55D must be received prior to the child care centre accommodating a maximum of 64 children.

55F. Increase in Childcare Capacity from 56 children to 64 children requirements landscaping

At any time should the 79.6m²of landscaped area or part thereof be acquired by the RMS or other government authority, the maximum number of children accommodated in the child care centre must be reduced to a maximum of 56 children.

CONDITIONS OF CONCURRENCE – RMS

The following conditions of consent are from the nominated State Agency pursuant to Section 4.13 of the Environmental Planning and Assessment Act 1979 and must be complied with to the satisfaction of that Agency.

56. RMS 1

A strip of land has previously been dedicated as Public Road by private subdivision (DP 551828) at the corner of Berowra Road & Belmont Parade of the subject property as shown by yellow in the attached Aerial – “X”

The subject property is affected by a road proposal as shown by pink colour in the attached Aerial – “X” and defined by DP 248871

Therefore, any new buildings or substantial structures together with any improvements integral to the future use of the site are to be erected clear of the land required for road unlimited in height or depth. The area required for road should be identified as separate lot on any plan of subdivision.

CONDITIONS OF CONCURRENCE – Sydney Trains

57. Sydney Trains 1

The proposed development is to comply with the deemed-to-satisfy provisions in the Department of Planning’s document titled “Development Near Rail Corridors and Busy Roads- Interim Guidelines”.

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

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

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

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

Tree and Vegetation Preservation

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

Dial Before You Dig

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

Asbestos Warning

Should asbestos or asbestos products be encountered during demolition or construction works, you are advised to seek advice and information prior to disturbing this material. It is recommended that a contractor holding an asbestos-handling permit (issued by 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.enviroment.nsw.gov.au

www.adfa.org.au

www.wworkcover.nsw.gov.au

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

Advertising Signage – Separate DA Required

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

Food Premises

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

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

DA No:	DA/1551/2016 (Lodged on 21 December 2016)
Description:	Torrens title subdivision of 3 lots into 50 lots comprising 49 residential lots and one lot for a drainage reserve
Property:	Lot 509, DP 752053, and Lot 1, DP 1205083, No.23 Chestnut Road, and Lot 294, DP 713905, No.37 Oxley Drive, Mount Colah
Applicant:	Mr Paul Tridgell
Owner:	Gwen Edwards Pty Ltd, Mr George Mathew and Mrs Margaret June Gully
Estimated Value:	$2,000,000
Ward:	A

DA No:	DA/275/2019 (Lodged 10 April 2019)
Description:	Construction of a Community Facility
Property:	Greenway Park: Lot 1 DP 263752 and Lot 24 DP 1123287, 10X Beechwood Parade and 69-85 Shepherds Drive, Cherrybrook
Applicant:	Design & Build (Momentum) Pty Ltd
Owner:	Hornsby Shire Council
Estimated Value:	$1,602,500
Ward:	C