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BUSINESS PAPER

 

Local Planning Panel meeting

 

Thursday 6 August 2020

at 2:00PM

 

 

 

 


Hornsby Shire Council                                                                                           Table of Contents

Page 0

 

TABLE OF CONTENTS

GENERAL BUSINESS

Local Planning Panel

Item 1     LPP9/20 Development Application - Alterations and Additions to the ‘Thornleigh Marketplace’ Shopping Centre......................................................................................................... 1

Item 2     LPP17/20 Development Application - Change 12 Strata Units into Community Title Subdivision Comprising 12 Residential Lots and 1 Common Lot - Integrated - 33 Clovelly Road, Hornsby................................................................................................................................ 48  

 


 

LPP Report No. LPP9/20

Local Planning Panel

Date of Meeting: 6/08/2020

 

1        DEVELOPMENT APPLICATION - ALTERATIONS AND ADDITIONS TO THE ‘THORNLEIGH MARKETPLACE’ SHOPPING CENTRE   

 

EXECUTIVE SUMMARY

DA No:

DA/1047/2019 (Lodged on 14 November 2019)   

Description:

Alterations and additions to the ‘Thornleigh Marketplace’ shopping centre including the construction of a second-floor level comprising additional retail floorspace

Property:

Lot 100 DP 608646, No. 17 Bellevue Street, Thornleigh

Applicant:

Holdmark NSW Pty Ltd

Owner:

357 Thornleigh Place Pty Ltd

Estimated Value:

$16,422,776

Ward:

B

·              The proposal does not comply with the Hornsby Shire Local Environmental Plan 2013 (HLEP) with regard to Clause 4.3 ‘Height of Buildings’ and Clause 4.4 ‘Floor Space Ratio’. The applicant has made a submission in accordance with Clause 4.6 ‘Exceptions to development standards’ of the HLEP to vary the building height and FSR development standards. The submission is considered well founded and is supported.

·              The application is required to be determined by the Hornsby Council Local Planning Panel as the proposal would contravene the HLEP ‘Floor Space Ratio’ development standard by more than 10 percent.

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

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

·              It is recommended that the application be approved.

RECOMMENDATION

THAT Council assume the concurrence of the Secretary of the Department of Planning and Environment pursuant to Clause 4.6 of the Hornsby Local Environmental Plan 2013 and approve Development Application No. DA/1047/2019 for alterations and additions to the ‘Thornleigh Marketplace’ shopping centre including the construction of a second-floor level comprising additional retail floorspace at Lot 100 DP 608646, No. 17 Bellevue Street Thornleigh subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP9/20.

 

BACKGROUND

Site History

On 23 June 2003, Council received Development Application No. DA/1152/2003 for the refurbishment of the existing Parkway Plaza Shopping Centre including partial demolition, excavation, basement carparking, refurbishment of the centre, fitout of supermarket and liquor store, and the preparation of specialty shops for fitout.

An appeal was lodged by the applicant with the NSW Land and Environment Court against Council’s deemed refusal of Development Application No. DA/1152/03.

On 12 May 2004, the appeal was upheld, and development consent was granted by NSW Land and Environment Court in Fabcot Pty Ltd v Hornsby Shire Council [2004] NSWLEC 358. The approved hours of operation for the centre are as follows:

Monday to Saturday        7.00AM to 12.00PM Midnight.

Sunday                           8.00AM to 10.00PM.

Subsequent Modification Applications have been approved (DA/1152/2003/A, DA/1152/2003/B and DA/1152/2003/C) for the modification of the approved alterations and additions to the shopping centre comprising the reconfiguration of the carpark, landscaping, access and the extension of work hours.

Application History

On 2 April 2019, Council held a pre-lodgement meeting with the applicant (PL/17/2019) to discuss the merits of a future development application proposing alterations and additions to the shopping centre including the construction of a second-floor level comprising additional retail floorspace.

On 14 November 2019, the subject application (DA/1047/2019) was lodged with Council.

On 6 February 2020, Council requested additional information from the applicant raising concerns with regard to inconsistencies between the submitted architectural plans and the recommendations of the acoustic, access and traffic reports. Concerns were also raised with the submitted Clause 4.6 variation request which did not adequately address the development standards under Clause 4.6(3) of the Hornsby Local Environmental Plan 2013 (HLEP).

On 26 February 2020, Council requested additional information in the form of a Construction Traffic Management Plan (CTMP) to address the unique characteristics of the site including limited parking spots available on the surrounding roads, adjacent residential properties, the 3-tonne limit along the Comenarra Parkway and the trees along the footpaths that could be impacted during scaffolding or construction works.

On 3 March 2020, Council requested additional information in the form of revised Transport Management Delivery Plan (TMDP) to ensure that the operations of the loading dock would not adversely impact upon the amenity of adjacent residential properties along Bellevue Street. In addition, amendments to the submitted architectural plans were requested by Council to indicate the provision of motorcycle spaces within the proposed first floor level car park.

On 23 March 2020, Council received the requested plans and documentation including the submission of revised architectural plans, TMDP and a revised Clause 4.6 variation request.

On 23 March 2020, the amended Development Application was renotified.

On 27 March 2020, Council raised concerns with the applicant that the submitted acoustic report utilised incompatible noise criteria in calculating the anticipated noise generated from the proposed second floor level terraces. Accordingly, Council requested the submission of a revised acoustic report to address Council’s concerns.

On 6 April 2020, Council received a revised acoustic report and a revised CTMP addressing the tree concerns, a supporting letter clarifying the truck route concerns, and written justification requesting that the location of site sheds, concrete pumps and storage areas be provided as a condition of consent rather than during the DA assessment process. Although Council agreed that the tree concerns could be addressed as a condition of consent, Council maintained that the CTMP would need to be amended to indicate the location of site sheds, concrete pumps and storage areas at the DA assessment stage and that the truck route issues be rectified.

On 7 April 2020, Council received the revised TMDP.

On 8 April 2020, Council raised concerns that the revised Acoustic Report uses ILGA criteria instead of the typical background + 5dBA intrusive criteria and whether the adjacent residential receivers would receive acceptable noise levels when the proposed terraces are at full capacity (76 people on the eastern terrace, 65 people on the northern terrace).

On 9 April 2020, Council received the requested revised CTMP.

On 20 April 2020, Council engaged an acoustic consultant to review the submitted Acoustic Report.

On 14 May 2020, Council requested amendments to the revised CTMP to address concerns that the concrete trucks and loading zone would be positioned on Wood Street within a bus zone and ‘no stopping’ zone. Council requested that alternate locations be sought for the concrete trucks and loading zone.

On 18 May 2020, the applicant provided written justification to Council stating that permits would be sought from Council and TfNSW to seek exemption from providing the concrete pumps and loading zone within the bus zone and no stopping zone along Wood Street. Council agreed that the CTMP would not need to be amended to indicate relocation of the concrete pumps and loading zone and that permits would instead be sought for the use of Wood Street during construction. 

On 18 May 2020, Council completed an assessment of the revised Clause 4.6 variation noting the caselaw established in Four2Five Pty Ltd v Ashfield Council [2015] which underlined that consent authorities must be directly satisfied that the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3) of Clause 4.6 i.e. that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case and that there are sufficient environmental planning grounds to justify contravening the development standard. Accordingly, Council raised concerns that the request did not satisfy Clause 4.6(4)(i) of HLEP in that the applicant’s written request provided insufficient environmental planning grounds to justify contravening the development standard. 

Accordingly, Council requested that the variation statement be substantially expanded upon to demonstrate how and why the development would not result in impacts to the streetscape, heritage, setbacks, separation, sunlight access, privacy, bulk and scale and any other relevant environmental planning matters.

On 20 May 2020, Council received the requested revised Clause 4.6 variation.

On 20 May 2020, Council received the external acoustic peer review from Acoustic Logic. The review indicated that the acoustic report had discrepancies, inaccurate unattended noise monitoring data and a lack of information regarding sleep disturbance. Consequently, Council forwarded the acoustic review to the applicant and advised that the review raised significant concerns with the submitted Acoustic Report that would need to be addressed.

On 1 June 2020, Council received a revised Clause 4.6 written request.

On 12 June 2020, Council received the requested revised Acoustic Report and cover letter.

On 24 June 2020, Council received the external acoustic peer review of the revised acoustic report.

SITE

The site comprises an allotment known as Lot 100 DP 608646 (No. 17) Bellevue Street Thornleigh and has a frontage to The Comenarra Parkway, Wood Street and Bellevue Street.

The site has an area of 8,208 m2 and experiences a fall from east to west to the frontage at Wood Street. Consequently, the grade of the site with cross fall from east to west and subsequent development for one large building (shopping centre) results in the existing built form protruding at a height greater at the eastern (Wood Street) frontage.

The existing shopping centre comprises a basement carpark with vehicular access from Wood Street. A vehicle access ramp to a rooftop carparking area is also accessed from Wood Street. Travellators provide pedestrian access from both the basement and roof top carparking areas to the main ground floor retail floor area. A number of smaller specialty shops are located on the ground floor. The majority of the ground floor retail floorspace is occupied by a Woolworths Supermarket and Dan Murphy’s liquor store. A small number of specialty shops are located adjacent to the entry point to the travellator from the rooftop carparking area.

The delivery area and truck loading docks for the shopping centre are situated within a partly covered area accessed from Bellevue Street.

The site is not bushfire or flood prone.

The site is burdened by a 3m wide right of carriageway (limited in height), a 5.5m wide easement for car parking (limited in height and depth), variable width right of access (limited in height and depth) and a 5.5m wide easement for electricity substation.

The site is located adjacent to a heritage listed ‘house’ of local significance at No. 14 The Comenarra Parkway, listed as item No. 720 in Schedule 5 of the HLEP.

The site adjoins the ‘R4 High Density Residential’ zone to the southern side of Bellevue Street, up-zoned from ‘R2 Low Density Residential’ when the in force HLEP was gazetted in 2013. The HLEP permits a maximum building height of 17.5m within the R4 zone. At present, the up-zoned southern side of Bellevue Street comprises a predominant low density residential built form with the exception of a recently completed residential flat building at No. 14 Bellevue Street and ALDI supermarket at the corner of Bellevue Street and Pennant Hills Road.

The site is bounded by low density residential development to the eastern side of Wood Street and northern side of The Comenarra Parkway. Fronting Pennant Hills Road to the west of the site are a number of small-scale commercial tenancies.

The site is located approximately 400m walking distance from Thornleigh Railway Station.

PROPOSAL

The application proposes alterations and additions to the ‘Thornleigh Marketplace’ shopping centre, detailed as follows:

·              Demolition of existing building elements that project above the first-floor level carparking area including:

o     Small specialty shops.

o     Corner tower elements.

o     Various projections on the external façade of the building.

·              Construction of a proposed second floor level above the existing first floor level rooftop carpark comprising:

o     An additional 3,777.73m2 of retail floorspace and a 475.61m2 mezzanine for services.

o     Specialty shops.

o     Food courts.

o     Two rooftop terraces associated with the food courts.

o     Amenities.

o     Travellator for pedestrian access to the carpark.

o     Access to the goods lift from the loading dock.

·              Reconfiguration of the existing rooftop carpark resulting in a reduction from 333 to 321 car parking spaces.

·              Installation of a goods lift within the existing loading dock.

·              Construction of fire stairs and services within the south-east corner of the building.

·              Installation of a travellator from the rooftop carpark to the proposed second floor level.

·              Recladding of the external façade of the shopping centre.

Note: The application does not propose the fitout and use of the shops within the proposed second floor level.

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 including the identification of job creation targets to ensure supply meets demand. 

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 proposed development would be consistent with the Greater Sydney Region Plan - A Metropolis of Three Cities and North District Plan, by providing additional services to support a growing population and generating additional employment options for workers in the locality.

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 B2 Local Centre pursuant to the Land Use Table of the HLEP.

The objectives of the B2 zone are:

·              To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

·              To encourage employment opportunities in accessible locations.

·              To maximise public transport patronage and encourage walking and cycling.

Pursuant to the HLEP a ‘retail premises’ is defined as follows:

‘Retail Premises’ means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following:

(a)        (Repealed)

(b)        cellar door premises

(c)        food and drink premises

(d)        garden centres

(e)        hardware and building supplies

(f)         kiosks

(g)        landscaping material supplies

(h)        markets

(i)         plant nurseries

(j)         roadside stalls

(k)        rural supplies

(l)         shops

(la)       specialised retail premises

(m)       timber yards

(n)        vehicle sales or hire premises

But does not include highway service centres, service stations, industrial retail outlets or restricted premises.

The proposed development is defined as ‘retail premises’ and is permissible within the B2 Local Centre zone with Council’s consent.

2.1.2     Height of Buildings

Clause 4.3 of the HLEP provides that the height of a building on any land should not exceed the maximum height shown for the land on the Height of Buildings Map. The maximum permissible height for the subject site is 12m.

The proposal would result in a maximum height of 13.2m, representing a departure of 10% from the development standard.

The application is accompanied by a submission pursuant to Clause 4.6 of the HLEP to vary the Height of Buildings development standard, which is discussed below in Section 2.1.4 of this report.

2.1.3     Floor Space Ratio

Clause 4.4(2) of the HLEP provides that the floor space ratio (FSR) on any land is not to exceed the maximum shown for the land on the Floor Space Ratio Map. The maximum permissible FSR for the precinct in accordance with the map is 1:1.

The existing development achieves an FSR of 0.88:1. The proposal would result in a maximum FSR of 1.38:1, representing a 38% variation to the development standard.

The application is accompanied by a submission pursuant to Clause 4.6 of the HLEP to vary the Floor Space Ratio development standard, which is discussed below in Section 2.1.4 of this report.

2.1.4     Exceptions to Development Standards

A submission has been received raising concerns that the originally submitted Clause 4.6 submission is flawed in that there are insufficient environmental planning grounds to justify contravening the development standards. On 23 March 2020, Council received a revised Clause 4.6 variation submission to address Council’s concerns that the submission did not adequately address the development standards under Clause 4.6(3) of the HLEP.

In response to the revised Clause 4.6 variation statement, a submission was received on 6 April 2020 from the same objector raising the following concerns:

·              The benefits of the proposal cannot be environmental planning grounds.

·              The applicant has not demonstrated that the additional floor space ratio or building height is required to achieve these benefits.

·              The applicant has not advanced any environmental planning grounds or any justification in support for the increased intensity.

·              There is nothing particular or unique about the subject site that warrants a variation of the controls.

On 1 June 2020, Council received a revised Clause 4.6 variation which expanded upon the environmental planning grounds for varying the development standards provided within the previous variation requests.

The application has been assessed against the requirements of Clause 4.6 of the HLEP.  This clause provides flexibility in the application of the development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objectives of the zone.

Clause 4.6 of the HLEP applies to this development as the proposed development would:

·              Have a maximum building height of 13.2m, representing a departure of 10% from the ‘Height of Buildings’ development standard.

·              Have a Floor Space Ratio (FSR) of 1.38:1, representing a 38% variation to the ‘Floor Space Ratio’ development standard.

The applicant has made a submission in support of a variation to the development standards in accordance with Clause 4.6 of the HLEP. The applicant states the proposed variation is considered to be consistent with the objectives of the control and is justified as follows:

·              Our opinion is that the relatively modest additional height proposed contributes to the delivery of a high-quality development on this site by transferring ground level GFA that may have negative impacts with regard to ground level activity and converting this to high quality commercial GFA. The proposed height variation realises the development potential of the site and provides a higher quality outcome than the alternative solution.

·              It is clear that the objectives of the standard are able to be achieved, notwithstanding the additional height, and that a superior development outcome would result.

·              The underlying objective or purpose of the standard is relevant to this development but, as illustrated in the plans submitted with the development application, it is achieved through the height variation with a higher quality urban planning and urban design outcome. The variation to FSR is inconsequential in the scheme of overall bulk and scale of the development.

·              The underlying object or purpose of the standard would not be defeated or thwarted if compliance was required. However, strict compliance with the development standard would result in a missed opportunity specific to this site to develop a high-quality development that will present in a positive manner to the adjoining street.

·              The proposal maintains the economic viability of the existing shopping centre development while catering for the needs of the increasing population in the Thornleigh commercial precinct and other higher density residential precincts created under the planning instrument. The additional Gross Floor Area responds accordingly to the increase in population density in the immediate vicinity of the site as a consequence of recent zoning changes under the Hornsby Shire Housing Strategy.

·              Council has departed on the development standard in historic planning circumstances on the site. The existing building contains a number of building elements that currently exceed the maximum height standard.

·              Likewise, the court supported an increase above the maximum FSR in permitting the current development. The current proposal responds to recent changes in housing density that has occurred in close proximity to the site.

·              The merit-based justification above in this request provides strong evidence that the proposed height variation would have clear positive outcomes including provision of a high-quality public domain, protection and enhancement of identified values specific to the site and provision of high-quality commercial development in the locality.

·              Our opinion is that the additional height & FSR is a negligible issue within the context of the greater planning benefit, including opportunities for activation of the public domain, protection and enhancement of local values and provision of high-quality development that would result from the minor variation to the height standard. In this regard, there are sufficient environmental planning grounds specific to this site to justify the proposed minor departure from the development standard.

·              The underlying objective of the height standard is to minimise potential adverse environmental impacts of development of the site on the surrounding residential area. It is noted that the height standard was applied to the site at a time historically when the site was surrounded predominantly by low-density residential development. Since the historic application of the height standard on the site, the council has undertaken rezoning of a number of the surrounding lands to permit increased residential densities and increases in the height of development on the adjoining lands. In other words, the character of the surrounding area to the site has changed substantially since the current height standard was applied to the site. It could be argued that the current height standard is inappropriate when accounting for changes to height controls that have occurred in recent years on surrounding lands.

·              The underlying objectives of the height standard are to minimise adverse environmental impacts upon the surrounding [sic] by impacts from overshadowing, overlooking, intensity of development (e.g. noise impacts). The height variation occurs on the lower (eastern) portion of the site only. The majority of the development proposed complies with the maximum height standard.

·              Although the proposal breaches the height of buildings control, the development achieves appropriate building envelopes and separation to the adjacent residential land. It is also worth noting that the development does comply with solar access, site coverage and other similar requirements adopted by Council.

·              The additional building height allows for the efficient and economic use of the site. The minor noncompliance with the height standard is essentially a response to the local topography and does not exacerbate any likely adverse impacts from the development on surrounding lands.

·              The existing setbacks of the shopping centre are maintained and consequently, the reduction in the height (in part) of the existing building is considered to be an improvement to the external appearance of the building and will reduce the bulk and scale by the removal of a number of existing elements of the shopping centre that currently exceed the height control.

·              Consideration of the proposed building height must be taken in the context of the existing development of the site compared to the proposed built form. The existing rooftop car park provides overlooking onto a number of the surrounding residential properties. The part of the building that will exceed the height standard will not exacerbate issues relating to overlooking and privacy to the surrounding residential areas.

·              The opportunity to ‘step’ the design of the building does not exist for the existing or proposed purpose of the building, namely a shopping centre. The extent of the non-compliance with the height standard will not result in any adverse environmental outcomes and will essentially be inconsequential when considering the resultant built form of a fully compliant building with the height standard.

·              Clause 5.6 of the LEP permits variations to the building height standard for ‘roof features of visual interest’. Subclause 5.6(3) of the LEP prescribes matters for the consent authority to give consideration to when permitting architectural roof features that exceed the height standard. The element of the building that will exceed the height standard is considered to be consistent with the matters for consideration prescribed under clause 5.6(3) of the LEP.

·              The Hornsby DCP does not prescribe any building setbacks for the site nor is there any requirement for a podium to be provided in the building design. The desired outcome under the scale element of the DCP is to ensure that development maintains a height, scale and intensity compatible with the role and function of the centre under the commercial centre’s hierarchy. As stated above, the height proposed is considered to be consistent with the desired outcome of the ‘scale element’ under section 4.2.1 of the DCP.

·              Improvements in the external design and appearance of the building will assist in reducing the bulk and scale of the existing building by the removal of a number of building elements that currently add to the vertical scale of the building. The proposed built form will not detrimentally impact on any identified heritage items in the Thornleigh locality.

·              Floor space ratio is a ‘crude’ planning mechanism that is used in planning instruments to control the bulk and scale of buildings. The non-compliance with the FSR control does not contribute to an increase in bulk and scale that is out of character with the development (current and proposed) in the surrounding locality.

·              The underlining objective of the FSR that applies to the subject site is to ensure that the resultant bulk and scale of the building is appropriate for the site in its context to the surrounding development. The proposal involves an overall reduction on building height and a general compliance with the adopted height standard across the majority of the site. In fact, the bulk and scale of the building will be reduced when compared to the existing building which will result in a better urban design outcome. The acceptability of the proposed floor space on the site is also regulated by the building’s general compliance across the majority of the site to the adopted height standard.

·              Floor space ratio is simply a control of the ratio of floor space to the site area. This presumes that controlling factors are equally important and of the same proportion across the site in its entirety. A building that is fully compliant with the FSR could result in the ‘stacking’ of floor area in one part of the site in the absence of a height control.

·              The development proposal will result in a gross floor area that will effectively match the resultant development volume to transport and other infrastructure for the site.

·              It is considered that the public benefit will not be undermined by varying the height and FSR development standards. The proposed development is considered to be generally consistent with the adopted planning controls for the site.

State Government Guidelines on varying development standards recommend considering the provisions of Clause 4.6 of the LEP and the ‘five-part test’ established by the Land and Environment Court as follows:

1.         The objectives of the standard are achieved notwithstanding non-compliance with the standard.

2.         The underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary.

3.         The underlying object of purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable.

4.         The development standard has been virtually abandoned or destroyed by the council’s own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable.

5.         The compliance with development standard is unreasonable or inappropriate due to existing use of land and current environmental character of the particular parcel of land.  That is, the particular parcel of land should not have been included in the zone.

The applicant’s submission to vary the minimum FSR and Height of Building development standards is considered well founded for the following reasons:

·              The height variation predominately occurs to the eastern portion of the site as a response to the local topography. The site slopes to the corner of The Comenarra Parkway and Wood Street, with a 2.4m fall along The Comenarra Parkway frontage and a 1.2m fall along Wood Street frontage. The height non-compliance is greatest along the shorter Wood Street frontage (13.2m), along the portion of the site with the lowest natural ground level.

·              For accessibility reasons, the opportunity to ‘step’ the design of the building does not exist for the use of the building as a shopping centre.

·              The existing setbacks of the shopping centre are maintained. Although the proposal breaches the height of buildings control, the development achieves appropriate building envelopes and separation to the adjacent residential land. The expansive road reserves and road along The Comenarra Parkway, Wood St and Bellevue St result in a 20m setback of the development to the adjacent residential properties.

·              Despite height and FSR non-compliances, the development complies with the HDCP requirements including solar access, number of storeys, privacy, traffic, parking, acoustic amenity, setbacks and commercial centre hierarchy and would pose in imperceptible impact to bulk and scale when compared to a compliant development. 

·              An area of height non-compliance is as a result of the provision of a platform dedicated to services at the roof level. The platform is setback 17.85m from the nearest boundary (The Comenarra Parkway) and covers a relatively small area (350m2). Due to the nil setback of the building to all frontages, the platform would not be visible from any adjacent properties.

·              The existing building comprises 3 decorative roof turrets proposed to be demolished, each located at the corners of the site. The existing turrets achieve a maximum roof RL of 181.88 AHD, with the turret on the corner of Wood St and The Comenarra Parkway calculated to be 14m above ground level. The proposed building would be a maximum height of 13.2m at its highest point. The overall reduction in the height of the existing building is considered to be an improvement to the external appearance of the building and will reduce the bulk and scale by the removal of a number of existing elements of the shopping centre that currently exceed the height control and add to the vertical scale of the building.

·              The site is defined as a village in the commercial hierarchy in the HDCP and is the preferred location for small and medium scale commercial/retail uses. It is considered that the redeveloped shopping centre would continue to act as a village with improved services, reinforcing the role and function of the village in the hierarchy. The development maintains a height, scale and intensity compatible with the role and function of the village under the commercial centre’s hierarchy.

·              The proposed built form will not detrimentally impact on any heritage items in the Thornleigh locality.

·              The 32% FSR variance only translates to a 10% height variance and does not appreciably translate to a significant increase in the bulk and scale of the development that is out of character with the development in the surrounding locality. It is noted that the HLEP permits a building height of 17.5m to the southern side of Bellevue Street.

·              The proposal involves a reduction of the building height and complies with the adopted height standard across the majority of the site. The bulk and scale of the building will be reduced when compared to the existing building which will result in a better urban design outcome.

·              The increase in retail floorspace correlates to retail demand and recent residential up-zonings in the vicinity since the construction of the original centre (notably along Bellevue, Station and Thornleigh Street) and would provide additional employment opportunities in accordance with the State Government’s Greater Sydney Region Plan -  A Metropolis of Three Cities.

·              It is considered that the public benefit will not be undermined by varying the height and FSR development standards.

Based on this assessment, it is considered that compliance with the development standards would be unreasonable and unnecessary in the circumstances of the case. The proposal would not result in a precedent given the unique circumstances of the site. Accordingly, the submitted Clause 4.6 submission is supported in this instance.

2.1.5     Heritage Conservation

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

The site is located adjacent to a heritage listed ‘house’ of local significance at No. 14 The Comenarra Parkway, listed as item No. 720 in Schedule 5 of the HLEP. The ‘house’ is described as a ‘good’ example of a vernacular weatherboard cottage from circa 1890 featuring a steep pitched iron roof and double hung windows.

The proposed development would be located approximately 20m from the heritage item and is considered to be of comparable bulk and scale to the existing shopping centre when viewed from The Comenarra Parkway. The proposal would maintain public domain views to and from the heritage item and would maintain adequate space around the heritage item to allow for its interpretation. Council’s heritage assessment has determined that the proposed development would not detract from the heritage significance of the item.

The proposal is considered acceptable with regard to the Heritage Conservation requirements of Clause 5.10 the HLEP.

2.1.6     Earthworks

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

The application does not propose any works within the existing basement carpark level. Minor demolition works are proposed at the ground floor level comprising the demolition of a tenancy at the south-eastern corner, and the demolition of the façade supports along the northern and eastern elevations. Adjacent properties would be unaffected by the proposal with regard to stormwater flows and soil stability.   

The proposal is considered acceptable with regard to Clause 6.2 Earthworks of the HLEP

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

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

Part 3, Clause 9(2) of the Vegetation SEPP states that a Development Control Plan may make a declaration in any manner relating to species, size, location and presence of vegetation. Accordingly, Part 1B.6.1 of the HDCP prescribes works that can be undertaken with or without consent to trees and objectives for tree preservation.     

There are no trees affected by the proposed development and no further consideration is required under the Vegetation SEPP.

2.2        State Environmental Planning Policy No. 55 Remediation of Land

The application has been assessed against the requirements of State Environmental Planning Policy No. 55 Remediation of Land under which consent must not be granted to the carrying out of any development on land unless the consent authority has considered whether the land is contaminated or requires remediation for the proposed use.

Should the land be contaminated Council must be satisfied that the land is suitable in a contaminated state for the proposed use. If the land requires remediation to be undertaken to make the land suitable for the proposed use, Council must be satisfied that the land will be remediated before the land is used for that purpose.

An examination of Council’s records and aerial photography has determined that the site has been historically used for commercial purposes. It is not likely that the site has experienced any significant contamination, and further assessment under SEPP 55 is not required.

2.3        State Environmental Planning Policy (Infrastructure) 2007

The application has been assessed against the requirements of State Environmental Planning Policy (Infrastructure) 2007 (ISEPP). This Policy contains State-wide planning controls for developments adjoining busy roads and railways and traffic generating development. The following matters are required to be considered pursuant to ISEPP.

2.3.1     Traffic Generating Developments

The development is classified as a Traffic Generating Development in accordance with Clause 104 and Schedule 3 of ISEPP as it would result in a development that would have parking accommodation of more than 200 vehicles and a gross floor area greater than 10,000m2.

The development complies with the minimum number of car spaces required to be provided on-site pursuant to the Transport for NSW (TfNSW) guidelines and no concerns are raised by Council regarding the parking provision within the site. The proposal was referred to TfNSW for concurrence in accordance with the provisions of the ISEPP. The following comments were received from TfNSW:

·              A Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control should be submitted to Council for approval prior to the issue of a Construction Certificate.

·              A Road Occupancy Licence (ROL) should be obtained from Transport Management Centre for any works that may impact on traffic flows on Pennant Hills Road and The Comenarra Parkway during construction activities. A ROL can be obtained through https://myrta.com/oplinc2/pages/security/oplincLogin.jsf

·              All demolition and construction vehicles are to be contained wholly within the site and vehicles must enter the site before stopping. A construction zone will not be permitted on Pennant Hills Road and The Comenarra Parkway.

The relevant matters in relation to traffic generation have been discussed in Section 3.2.2 of this report and appropriate conditions of consent are included in Schedule 1.

2.4        Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

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

The proposed development does not require any earthworks and would not impact on the Sydney Harbour Catchment.

2.5        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.

2.6        Hornsby Development Control Plan 2013

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

Hornsby Development Control Plan 2013

Control

Proposal

Requirement

Compliance

Height

13.2m

12m

No

Number of Storeys

3 Storeys + Basement

3 Storeys + Basement

Yes

Floor Space Ratio (FSR)

1.38:1

1:1

No

Setbacks

 

 

 

·      Bellevue Street

0m

0m

Yes

·      The Comenarra Parkway

0m

0m

Yes

·      Wood Street

0.9m

0m

Yes

·      Side Setback (west)

0m

0m

Yes

Car Parking

 

 

 

·      Total

321 spaces

291 spaces

Yes

·      Motorcycle Parking

11 spaces

7 spaces

Yes

·      Accessible Spaces

12 spaces

7 spaces

Yes

As detailed in the above table, the proposed development complies with the prescriptive requirements within the HDCP, with the exception of building height and floor space ratio. The matters of non-compliance are detailed below, as well as a brief discussion on compliance with relevant desired outcomes.

2.6.1     Commercial Centres Hierarchy

The HDCP stipulates that ‘Villages and small villages’ such as the subject site should be the preferred location for small and medium scale commercial/retail uses that serve the local community and should only have limited office and bulky good retail functions.

Council’s assessment concludes that the proposed development would provide residents with a broadened range of specialty retail shops, food and drink premises and alfresco dining, conveniently located with enhanced parking and access arrangements. The proposal would also promote greater competition between commercial tenancies and reduce the need for local residents to undertake shopping trips at more distant retail centres.

It is considered that the redeveloped shopping centre would continue to act as a village with improved services, thus reinforcing the role and function of the village in the hierarchy.

2.6.2     Scale

The proposed development would result in a 3-storey shopping centre with basement level achieving a maximum height of 13.2m above ground and a floor space ratio (FSR) of 1.38:1, which would not comply with the HLEP requirements.

Sections 2.1.2, 2.1.3 and 2.1.4 of this report address the HLEP development standard non-compliances with regard to building height and FSR.

2.6.3     Setbacks

The development retains the existing setbacks along the southern, eastern, northern and western boundaries and would comply with the setback requirements of the HDCP. The proposed setbacks would complement the streetscape and maintain the amenity of the adjoining residential and commercial land uses.

The proposal is considered acceptable with regard to the setback requirements of the HDCP.

2.6.4     Landscaping

The provisions of the HDCP encourage commercial street frontages to be landscaped to contribute to the environmental character of the commercial centre and to provide shade along pedestrian footpaths.

Condition Nos. 58 and 59 of DA/1152/2003 as amended required the establishment of landscaping on the adjoining street verges. An inspection of the site and aerial photography revealed the presence of mature canopy trees and shrubs along each of the street frontages. The application does not propose any alterations to the established landscaping located at the ground floor level.

At the first-floor level car park and second floor level terraces, the application proposes the establishment of landscaping within planter boxes. The landscaping at the second-floor level terraces would comprise the planting of 7 x Magnolia trees, 161 x shrubs and 242 x groundcovers.

The proposal meets the desired landscaping outcomes of the HDCP and is considered acceptable in this respect.

2.6.5     Sunlight Access

The submitted shadow diagrams demonstrate that adjacent commercial and residential properties would receive a minimum of 3 hours of direct sunlight between 9am and 3pm in mid-winter. Specifically, overshadowing of adjacent properties is limited to the front setbacks of these properties for a period less than 3 hours. 

It is anticipated that the open space areas of surrounding residential properties would receive greater than 3 hours of direct sunlight during the winter solstice in accordance with the sunlight access requirements of the HDCP.

2.6.6     Vehicle Access and Parking

An assessment of the proposal against the vehicle access, loading dock and parking requirements of the HDCP is provided below.

2.6.6.1  Parking

The proposed development would provide 321 car parking spaces, 11 motorcycle spaces and 12 accessible spaces within the basement car park and first floor level car park (inclusive of the existing basement parking). The proposal meets the parking rates of the HDCP and is considered acceptable with regard to on-site parking provision.

2.6.6.2  Vehicle Access

The application does not propose any modification to the location or number of existing vehicular access points.

The existing vehicular access to the basement car park will be maintained from Wood Street. In addition, the proposed first floor level car park would be accessed via the existing ramp to the southern end of the Wood Street frontage. The existing height restriction to the basement car park will remain unaltered with 4WD’s, vans and high vehicles to be directed to the ramp of the first-floor level car park.

As requested by Council, the architectural plans as amended indicate the provision of a double barrier (BB) centreline to the first-floor level vehicle ramp to provide greater separation width between the ingress and egress lanes and improved manoeuvrability.

2.6.6.3  Loading Dock

The existing vehicular access servicing the loading dock along Bellevue Street would be maintained as part of this application. The existing loading dock would continue to operate with a total of 3 service bays, with 2 allocated to the supermarket / liquor store and 1 used by the speciality shops. 

The development consent (DA/1152/2003) granted by the NSW Land and Environment Court for the refurbishment of the existing Parkway Plaza Shopping Centre includes a ‘Transport Management Delivery Plan’ (TMDP) that regulates the operations of the loading dock. The TMDP was adopted under DA/1152/2003 to ensure that the operations of the loading dock did not adversely impact upon the amenity of residential properties opposite the site in Bellevue Street.

Condition No. 98A of Development Application No. DA/1152/2003 requires that the loading dock be operated as follows:

The unloading of goods, materials and the like into the premises and the despatch of goods, material and the like from the premises via the loading docks on Bellevue Street shall take place only between the following hours:

o     Weekdays 7.00am to 10.00pm

o     Saturdays 7.00am to 10.00pm

o     Sundays 8.00am to 6.00pm

To demonstrate that the additional deliveries to the loading dock generated by the additional retail floorspace could effectively function whilst not adversely impacting upon the amenity of adjacent residential properties along Bellevue Street, Council requested the submission of additional information in the form of a TMDP.

The submitted TMDP (Issue C) prepared by Key Urban Planning has been summarised as follows:

·              Seeks to maintain the existing approved loading dock operating times of:

o     Monday to Friday 7.00am to 10.00pm

o     Saturday 7.00am to 10.00pm

o     Sunday 8.00am to 6.00pm

·              It is anticipated that the proposed development would result in an additional 20 truck deliveries a day, with the predominant delivery times between 7.00am to 7.00pm.

·              The size of delivery vehicles must not be greater than 14.2m Articulated.

·              The use of the specialty shop dock shall be limited to 5.2m (3 tonne Pantec)

·              Vehicles must not queue in Bellevue Street.

·              A sign shall be erected in the loading dock stating “this Loading Dock is within hearing of people’s homes. Please make as little noise as possible”.

Council’s assessment has determined that utilisation of the existing approved loading dock operating hours would be appropriate given the close proximity of residential properties on the opposite side of Bellevue Street. A further discussion on the acoustic and traffic considerations with respect to the loading dock are discussed in Sections 3.2.2 and 3.3.3 of this report.

2.6.7     Waste Management

The proposed development would utilise a ‘Roll On/Off’ garbage compactor within the existing loading bay accessed via Bellevue Street. A total of 2 x 3m3 bins for paper/cardboard and mixed recycling would be required by future retail tenancies.

Council’s waste management assessment raises no concerns to the proposed development, subject to recommended conditions in Schedule 1 including an operational condition requiring that waste collection services not be undertaken between 8PM and 7AM weekdays or 8PM and 8AM on weekends to maintain the acoustic amenity of the adjacent residential land uses.

2.6.8     Accessible Design

The application has been supported by an access design assessment report prepared by Design Confidence dated 13 November 2019.

The development proposes accessible pathways and lifts providing an internal connection to all levels of the shopping centre. Existing accessible pedestrian entrances are located on the ground floor level addressing the Bellevue Street and The Comenarra Parkway frontages.

In accordance with the accessible parking rates of the HDCP, a total of 12 accessible car parking spaces would be provided at the basement (5 spaces) and first floor level (7 spaces) car parks, respectively.

The submitted access report concludes that proposed development is capable of achieving compliance with the relevant accessibility provisions of the National Construction Code – Building Code of Australia, subject to recommendations provided in Section 3.0 of the report. Council’s assessment concurs with the conclusions of the access report, subject to recommended conditions in Schedule 1 requiring that the proposed building work achieves compliance with the National Construction Code - Building Code of Australia.

2.6.9     Privacy and Security

The HDCP stipulates that development at the interface of a commercial area and a residential zone should encourage views from the commercial area to the horizon rather than downward onto residential areas.

The second-floor level open-air terraces would be located to the northern and eastern elevations of the shopping centre and would adjoin low density residential zoning across Wood Street and The Comenarra Parkway. The two terraces have been located away from the adjacent high-density residential zoning along Bellevue Street.

The installation of 1.8m high glass acoustic barriers have been proposed along the north and east elevations of the terraces to provide acoustic amenity and privacy to the adjoining residential properties. To ensure that the acoustic barriers would provide privacy to the adjoining properties, a condition has been recommended in Schedule 1 requiring that the glass be finished in a translucent finish.

The proposal is deemed acceptable with regard to the privacy provisions of the HDCP.

The application does not include any modifications to the existing ground floor level pedestrian entrances fronting Bellevue Street and The Comenarra Parkway.

The proposed development is considered acceptable with regard to the security requirements of the HDCP.

2.6.10   Pedestrian Access

The existing pedestrian access points to the shopping centre along The Comenarra Parkway and Bellevue Street would be maintained.

The Comenarra Parkway entrance is located adjacent to the signalised intersection of The Comenarra Parkway and Wood Street and would continue to provide suitable pedestrian access to the east. The existing Bellevue Street pedestrian entrance provides pedestrian access to the high-density residential allotments to the southern side of Bellevue Street and further south on Station and Thornleigh Streets.

To encourage pedestrians to cross at a highly visible section of the street, existing ‘kerb blisters’ are located along both sides of Bellevue Street adjacent to its intersection with Wood Street. Since the establishment of the shopping centre, the ‘kerb blisters’ have continually provided a safe pedestrian link from the shopping centre to the low-density residential housing at the southern side of Bellevue Street. Nonetheless, Council’s traffic assessment raises concerns that the ‘kerb blisters’ have reached their useful life expectancy, given the recent up-zoning of the southern side of Bellevue Street to high density residential. The up-zoning has progressively resulted in an increase in pedestrian traffic along this connection.

To ensure the future safety of pedestrians along Bellevue Street, a condition has been recommended in Schedule 1 requiring that the kerb blisters be replaced with a ‘wombat crossing’ in accordance with TfNSW and Austroads guidelines.

The proposal is considered acceptable with regard to pedestrian access requirements of the HDCP, subject to the implementation of the above requirements.

2.7        Section 7.11 Contributions Plans

Hornsby Shire Council Section 94 Contributions Plan 2014 - 2024 requires a Section 7.11 Contribution levy for Non-Residential Development (excluding Industrial Development) which results in new or additional floor space. The shopping centre is located in the South Catchment where Section 7.11 contributions towards local road works are calculated on a Peak Vehicle Trip (PVT) basis and contributions towards plan administration are based on a per worker rate. In addition, a contribution is required towards plan preparation and administration based on a retail worker occupancy rate of 4/100m2 GFA.

Accordingly, the requirement for a monetary Section 7.11 contribution is recommended as a condition of consent.

3.         ENVIRONMENTAL IMPACTS

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

3.1        Natural Environment

3.1.1     Tree and Vegetation Preservation

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

The proposed ground floor level demolition and construction works would be minimal and would be located at a significant distance from the trees to be retained along The Comenarra Parkway, Wood Street and Bellevue Street frontages. In addition, Council’s tree assessment concurs with the revised CTMP that the movement of construction vehicles would not pose a detrimental impact to the existing vegetation along the frontages.

To ensure the protection of the vegetation during construction, conditions have been recommended in Schedule 1 requiring that the storage of materials be prohibited within the TPZ of all trees.  

3.1.2     Stormwater Management

The existing site includes a stormwater management system connecting to the Council controlled street drainage system. As demonstrated on the submitted stormwater concept plans, the proposed development would connect to the existing stormwater system.

Council’s stormwater assessment raises no concerns with the proposed method of stormwater disposal, subject to recommended conditions in Schedule 1 requiring that the proposed development be connected to the existing stormwater drainage system and be designed by a qualified hydraulic engineer.

3.2        Built Environment

3.2.1     Built Form

The shopping centre building would maintain existing setbacks to The Comenarra Parkway, Wood Street and Bellevue Street and would address the street as a three-storey commercial built form. The proposed recladding of the external façade would be of a contemporary style with varied finishes and articulation. The proposed building would be compatible with the existing and desired future character of the locality.

3.2.2     Traffic

Traffic

Thornleigh Marketplace primarily services the residential precinct bound by Pennant Hills to the west and Scout Creek to the east.

The Comenarra Parkway performs a regional road function linking Ryde Road Pymble in the south-east and Pennant Hills Road/Parkes Street Thornleigh in the north-west. The Comenarra Parkway comprises a dual carriageway providing two through lanes of traffic in each direction adjacent to the subject site. A vehicle weight restriction of 3 tonnes and a 60km/h speed limit apply along this route.

Wood Street performs a local road function and accommodates one through lane of traffic in each direction restricted by a 50km/h speed limit. Wood Street intersects with Bellevue Street adjacent to the south-eastern corner of the site under ‘Stop’ signage control with Bellevue Street forming the priority route. Bellevue Street is defined as a local road and forms a 9m wide pavement servicing two-way traffic in conjunction with parallel parking along both kerb alignments. Traffic flow within Bellevue Street is restricted by a sign posted speed limit of 50km/h.

The application is supported by a traffic impact assessment prepared by TSA. The report surveyed peak hour traffic demands which were undertaken between 3.00pm – 6.00pm (with the peak hour identified to be between 3.00pm – 4.00pm) on 1 August 2019. The key findings of the report include the following:

·              The proposed development is expected to generate 78 additional evening peak hour vehicle trips to and from the site.

·              The majority of traffic generated by the subject site have been observed to originate from the east via The Comenarra Parkway. This existing travel pattern/behaviour is anticipated to remain unaltered following the expansion of Thornleigh marketplace.

·              The existing level of service at the modelled intersections is projected to remain unaltered and it is not envisaged that the performance of the surrounding road network would be impacted to any noticeable extent.

·              The immediately adjoining and surrounding road network has been assessed to perform with a good level of service during peak periods based on existing peak hour traffic volumes.

·              The existing traffic signals at The Comenarra Parkway, Wood Street and Bellevue Street are expected to continue to provide motorists with safe and efficient conditions.

·              The additional trips generated by the subject development have been objectively assessed to not have any unreasonable impacts on the level of safety and efficiency afforded by the surrounding road network.

Council’s traffic assessment concurs with the conclusions of the submitted traffic study and agrees that an additional 78 vehicle trips during the 3:00pm to 4:00pm peak hour would have minimal impact to the ‘Level of Service’ (LoS) experienced at the intersections of Wood Street with The Comenarra Parkway and Bellevue Street.

In addition to the conclusions of the submitted traffic report, Council’s traffic records have revealed that a considerable volume of vehicle movements occur from the shopping centre to Pennant Hills Road via the non-signalised intersections of Station Street and Thornleigh Street to circumvent the traffic lights at the signalised intersections of Bellevue Street and The Comenarra Parkway. For safety reasons, Council’s traffic assessment encourages the flow of traffic to Pennant Hills Road via the signalised intersections of Bellevue Street and The Comenarra Parkway. To encourage the use of these signalised intersections, a condition has been recommended requiring that a ‘single lane treatment’ be constructed on Wood Street south of its intersection with Bellevue Street. 

Construction Traffic

As indicated in the revised CTMP, the anticipated construction period is 52 weeks with an estimated 30 passenger vehicles and 23 trucks arriving at the site daily.

General vehicle access will remain via the basement parking off Wood Street. The current roof top parking will be unsafe for patrons during construction and will therefore be unavailable and signposted accordingly. Access to the construction site is proposed via the loading dock in Bellevue Street. The parking of vehicles associated with the construction of Thornleigh Marketplace will be permitted for up to 30 minutes, unless deemed otherwise by the dock manager/supervisor.

There is limited provision on-site for articulated vehicles to exit in a forward direction and they will be required to utilise the Work Zone on Bellevue Street. All heavy goods and machinery, plant and the hoarding will be delivered outside of peak traffic hours. No oversized loads or vehicles are anticipated during the demolition phase.

It is envisaged that the use of a mobile crane will be required for a number of days and will utilise either the work zone and/or the south eastern corner of the loading dock. A mobile crane will be required for spoil removal and material placement during construction. These operations will be subject to a separate application for crane usage with Council.

3.2.3     Noise

The Statement of Environmental Effects (SEE) that accompanied the application indicates that the development does not propose the fitout and use of the shops within the proposed second floor level, which would be subject to future consent. 

The approved hours of operation for the shopping centre are as follows:

Monday to Saturday         7.00AM 12:00AM Midnight

Sunday                           8.00AM 10.00PM

Although the approved operating hours are as listed above, the existing retail tenancies and food outlets currently operate between 7:00AM to 10:00PM daily. 

The site is bounded by residential zoning to the eastern side of Wood Street, the northern side of The Comenarra Parkway and the southern side of Bellevue Street.

The development is characterised as a ‘noise generating development’. The application is supported by a Noise Impact Assessment Report prepared by DK Acoustics Pty Ltd which has assessed the impact of the noise generated by the redeveloped site on the surrounding locality.

Council raised concerns that the Acoustic Report (Original version and Revision A) utilised ILGA criteria instead of the typical background + 5dBA intrusive criteria and questioned whether the adjacent residential receivers would receive acceptable noise levels when the proposed second floor level terraces are at full capacity (76 people on the eastern terrace, 65 people on the northern terrace). The intrusiveness of a noise source may generally be considered acceptable if the level of noise from the source (represented by the LAeq descriptor), measured over 15 minutes, does not exceed the background noise level by more than 5dB when beyond a minimum threshold.

To provide an independent acoustic assessment of the proposal as amended, Council engaged acoustic consultants ‘Acoustic Logic’ to peer review the Noise Impact Assessment Report (Revision A). The review raised numerous issues with Acoustic Report including discrepancies, inaccurate unattended noise monitoring data, a lack of information regarding sleep disturbance, noise levels at closing time and a lack of calculations to support the use of the 1.8m acoustic barrier to the perimeter of the terraces.

In response to the peer review provided by Council’s independent acoustic consultant, the applicant submitted an amended Acoustic Report (Revision B) to address the concerns raised. The revised Acoustic Report (Revision B) was subsequently referred to ‘Acoustic Logic’ for further peer review. The peer review raised no concerns with the revised Acoustic Report and indicated:

The peer review has found the revised "Environmental Noise Impact Assessment, Proposed Thornleigh Marketplace Extension 17 Bellevue Street, Thornleigh" (Ref: 190807 Rev B) dated 12 June 2020 is generally satisfactory with the requirements of local council, the NSW EPA 'Noise Policy for Industry', 'Independent Liquor and Gaming Authority (ILGA)' and the NSW 'Road Noise Policy'.

A summary of the revised Acoustic Report (Revision B) and proposal as amended is provided below:

·              The report has calculated noise emissions for the centre under the assumption that the new restaurants will operate until 12:00AM, Monday to Sunday;

·              The report has calculated noise emissions for the centre assuming that a maximum of 76 people will be on the eastern terrace, up to 65 people will be on the northern terrace, up to 200 people inside the cafes and restaurants fronting the eastern terrace and a maximum of 100 people inside the cafes and restaurants fronting the northern terrace;

·              The following noise sources have been identified as part of this development that may potentially affect the neighbouring properties:

o     Music playing inside the new cafes/restaurants on Level 2.

o     People talking in the new outdoor dining areas on Level 2.

o     Cars entering and leaving the premises.

o     Mechanical plant.

·              It is proposed to install a 1.8m high sound barrier wall around the terrace areas on Level 2;

·              The noise emission from the development complies with the noise criteria at all residential receivers between the hours of 7.00AM to 12:00AM, including the three residential receivers nearest to the second-floor terraces;

·              The three nearest residential properties will receive the following noise levels between 10:00PM and 12:00AM:

o     Receptor No. 1 would receive a cumulative noise level of 44dB(A) and would comply with the 47dB(A) noise trigger level.

o     Receptor No. 2 would receive a cumulative noise level of 44dB(A) and would comply with the 47dB(A) noise trigger level.

o     Receptor No. 3 would receive a cumulative noise level of 43dB(A) and would comply with the 43dB(A) noise trigger level.

As supported by Council’s independent acoustic review, the Acoustic Report provides recommendations to minimise nose emission from the development comprising:

·              The proposed 1.8 metres high sound barrier wall, to be built around the new outdoor areas on Level 2 and constructed using masonry and glass panels.

·              Mechanical plant should be acoustically treated, if required, to reduce the noise emission level at the nearby residences.

·              The following maximum number of people will be acceptable inside the new cafes and restaurants and in the outdoor dining areas:

o     Up to 76 people on the eastern terrace.

o     Up to 65 people on the northern terrace.

o     Up to 200 people inside the cafes and restaurants fronting the eastern terrace.

o     Up to 100 people inside the cafes and restaurants fronting the northern terrace.

·              Background music playing inside the cafes and restaurants and on the terraces, with a Leq sound level of 70dB(A) at 3 metres from the speakers is the maximum permitted.

·              It is recommended that the new cafes and restaurants close no later than 11:30PM so that patrons may leave the premises by 12:00AM.

·              It is recommended that the drainage grates installed across the driveways into the premises be securely locked or bolted down to reduce the noise emission resulting from cars driving over the grates.

The use of the second-floor level terraces would not be subject to future development consent and accordingly the imposition of operating hours has been recommended under this application.

Although the application has been demonstrated that the emission of noise from the development complies with the noise criteria at all residential receivers between the hours of 7.00AM to 12:00AM, a condition has been recommended in Schedule 1 requiring that the terraces be operational between 7:00AM to 11:30PM Monday to Saturday and 8:00AM to 10:00PM Sunday to ensure that patrons have existed these areas within the existing approved operating hours of the shopping centre.

Whilst the SEE states that the use and fitout of the proposed additional floor space is not part of the application, the assessment of the additional floor area proposed is based on the land use of ‘retail premise’. Accordingly, it is appropriate to condition hours of operation for the second-floor area consistent with the recommendations of the acoustic report and operating hours permitted for new retail uses under the NSW Commercial Complying Development of 7.00AM to 10.00PM Monday to Saturday and 7.00AM to 8.00PM on Sunday.

In summary, Council raises no concerns with the proposal as amended on acoustic grounds, subject to the imposition of recommended conditions consistent with the conclusions of the Acoustic report and the operation of the terraces between 7:00AM to 11:30PM Monday to Saturday and 8:00AM to 10:00PM Sunday.

3.3        Social Impacts

The social impacts of the development on the local and broader community have been considered with specific reference to the potential employment generation within the complex.  It is estimated that the additional 3,777.73m2 of retail floorspace would meaningfully contribute to employment in the locality. This is consistent with the State Government’s Greater Sydney Region Plan - A Metropolis of Three Cities’ which identifies the need to provide an additional 689,000 new jobs by 2031.

There would be a number of multiplier effects that the development would provide throughout the local and regional economies. These multiplier effects would result from the sourcing of goods and services from suppliers to businesses within the shopping centre as well as the increased consumption generated by the increase of employment in the area. The development is likely to provide employment opportunities to younger age groups, which typically have higher unemployment rates within the region.

3.4        Economic Impacts

The proposed development would result in a notable increase in the total retail floor space within the Thornleigh Marketplace shopping centre. 

The proposal maintains the economic viability of the existing shopping centre development while catering for the needs of the increasing population in the Thornleigh commercial precinct and satisfying the additional demands created by recently rezoned high-density residential development in the locality. The centre would continue in its role as a village with broadened and improved services and facilities.

The proposal is acceptable having regard to its economic impact on the locality.

4.         SITE SUITABILITY

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

The proposal is a permissible use on the site. The proposed development is also consistent with the use and function of the existing development located on the site. The application has adequately demonstrated that variations to the building height and FSR development standards of the HLEP would be appropriate given the circumstances of the case.

The proposed development suitably responds to the additional demand for retail tenancies in the locality as a result of the recent high-density residential rezoning along Bellevue Street.

The scale of the proposed development is consistent with the capability of the site and is considered acceptable.

5.         PUBLIC PARTICIPATION

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

5.1        Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 25 November 2019 and 20 December 2019 in accordance with the Notification and Exhibition requirements of the HDCP. During this period, Council received 1 submission. The proposal was amended, and accordingly, the application was re-notified to the public between 23 March 2020 and 7 April 2020. During this period, Council received 1 submission from the same objector. 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

Wide upward diagonal            PROPERTY SUBJECT OF DEVELOPMENT

Two submissions from the same submitter objected to the development, generally on the grounds that:

·              The revised Clause 4.6 variation statement has not adequately demonstrated that there are sufficient environmental planning grounds to justify contravening the height and FSR development standards of the HLEP.

·              The building height and FSR controls applicable to the subject site and adjoining business zoned lands should be reviewed by Council via the Planning Proposal process rather than through the use of a Clause 4.6 variation on the site. It is argued that a review of the planning controls on the subject site and adjoining business zones should be undertaken collectively.

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     Planning Proposal

A submission has been received raising concerns that the building height and FSR controls applicable to the subject site and adjoining business zoned lands should be reviewed by Council via the Planning Proposal process (spot rezoning) rather than through the use of a Clause 4.6 variation on the site. It is argued that a review of the planning controls on the subject site and adjoining business zones should be undertaken collectively.

In addressing this submission, the application has included the submission of a Clause 4.6 variation request seeking to vary the HLEP building height and FSR development standards with regard to the proposed development. As discussed in Section 2.1.4 of this report, the Clause 4.6 variation request is considered appropriate and well-founded given the circumstances of the case.

Council acknowledges that although spot rezoning is an alternate mechanism to achieve the same objective, Council cannot dictate to the applicant the mechanism that is to be used, whether it be a spot rezoning or Clause 4.6 variation request.

5.2        Public Agencies

The development application was referred to the following Agencies for comment:

5.2.1     Transport for NSW

The application was referred to Transport for NSW (TfNSW) as the proposed development is classified a traffic-generating development in accordance with Schedule 3 of State Environmental Planning Policy (Infrastructure) 2007. Section 2.3 of this report addresses this matter.

6.         THE PUBLIC INTEREST

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

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

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

CONCLUSION

The application is for the redevelopment of the ‘Thornleigh Marketplace’ shopping centre including the construction of a second-floor level providing an additional 3,777.73m2 of retail floorspace comprising specialty shops, food courts and rooftop terraces.

The proposed additional commercial floor space does not impact upon the retail hierarchy and would result in negligible impact on competing retail centres.

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

Council received 2 submissions during the public notification period. The matters raised have been addressed in the body of the report.

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

The reasons for this decision are:

·              The request under Clause 4.6 of Hornsby Local Environmental Plan 2013 to vary the ‘Height of Buildings’ and ‘Floor Space Ratio’ Development Standards is well founded. Strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case and there are sufficient environmental planning grounds to justify the variation to the development standards.

·              The proposed development generally complies with the requirements of the relevant environmental planning instruments and the Hornsby Development Control Plan 2013.

·              The proposed development does not create unreasonable environmental impacts to adjoining development with regard to visual bulk, overshadowing, amenity, privacy, noise, traffic and security.

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 Thomas Dales.

 

 

 

 

 

 

 

Cassandra Williams

Major Development Manager - Development Assessments

Planning and Compliance Division

 

 

 

 

Rod Pickles

Manager - Development Assessments

Planning and Compliance Division

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachments:

1.

Locality Map

 

 

2.

Amended Clause 4.6 Variation

 

 

3.

Amended Architectural Plans

 

 

4.

Landscape Plan

 

 

 

 

File Reference:           DA/1047/2019

Document Number:     D07890135

 


SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1.         Approved Plans and Supporting Documentation

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

Plan No.

Plan Title

Drawn by

Dated

Council Reference

DA004, Rev 04

Site Plan

MSK Architects

20.03.20

 

DAD111, Rev 04

Demolition – Ground Floor

MSK Architects

20.03.20

 

DAD112, Rev 04

Demolition – First Floor

MSK Architects

20.03.20

 

DAD113, Rev 04

Demolition - Roof

MSK Architects

20.03.20

 

DAD114, Rev 04

Sections 01 – Demolition Works

MSK Architects

20.03.20

 

DAD115, Rev 04

Sections 02 – Demolition Works

MSK Architects

20.03.20

 

DAP120, Rev 04

Basement Floor Plan

MSK Architects

20.03.20

 

DAP121, Rev 04

Ground Floor Plan

MSK Architects

20.03.20

 

DAP122, Rev 04

First Floor Plan

MSK Architects

20.03.20

 

DAP123, Rev 04

Second Floor Plan

MSK Architects

20.03.20

 

DAP124, Rev 04

Roof Plan

MSK Architects

20.03.20

 

DAP126, Rev 04

Loading Area

MSK Architects

20.03.20

 

DAP200, Rev 04

Sections 01

MSK Architects

20.03.20

 

DAP201, Rev 04

Sections 02

MSK Architects

20.03.20

 

DAP300, Rev 04

North & East Elevations

MSK Architects

20.03.20

 

DAP301, Rev 04

South & West Elevations

MSK Architects

20.03.20

 

101, Issue A

Stormwater Plan – Level 1

Australian Consulting Engineers

30.08.19

 

102, Issue A

Stormwater Plan – Level 2

Australian Consulting Engineers

30.08.19

 

103, Issue A

Stormwater Plan – Roof

Australian Consulting Engineers

30.08.19

 

000, Issue B

Landscape Coversheet

Site Image Landscape Architects

24.10.19

 

101, Issue B

Landscape Plan

Site Image Landscape Architects

24.10.19

 

 

Document Title

Prepared by

Dated

Council Reference

Environmental Noise Impact Assessment, Rev B

DK Acoustics Pty Ltd

12.06.20

D07934018

Construction Traffic Management Plan

Road Delay Solutions

2.04.20

D07896467

Transport Management Delivery Plan (TMDP), Issue C

Key Urban Planning

3.04.20

D07894560

Access Design Assessment Report

Design Confidence

13.11.19

D07804898

Waste Management Plan, Revision B

Elephants Foot

24.10.19

D07804897

Traffic Impact Assessment

TSA

23.08.19

D07804896

BCA Report

Michael Wynn-Jones & Associates

3.09.19

D07804882

2.         Signage

This consent does not approve any signage shown on the plans. A separate development consent is required from Council unless permitted as exempt or complying development.

3.         Construction Certificate

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

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

4.         Section 7.11 Development Contributions

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

Description

Contribution (4)

Roads

$406,207.30

Open Space and Recreation

$0

Community Facilities

$0

Plan Preparation and Administration

$653.15

TOTAL

$406,860.45

being for the shopping centre expansion comprising 2,089.39m2 GFA of additional retail floorspace and based on a PVT rate of 7 PVT per 100m2 GFA for the roads contribution.

b)         The value of this contribution is current as at 30 June 2020. If the contribution is not paid within the financial quarter that this condition was generated, the contribution payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 94 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$CPY   =   $CDC  x CPIPY

CPIDC

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)         The monetary contribution must be paid to Council:

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

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

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

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

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

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

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

5.         Stormwater Drainage

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

a)         Connected to the existing system.

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

6.         Building Code of Australia

Detailed plans, specifications and supporting information is required to be submitted to the certifying authority detailing how the proposed building work achieves compliance with the National Construction Code - Building Code of Australia. All building work must be carried out in accordance with the requirements of the National Construction Code - Building Code of Australia.

7.         Fire Safety Upgrade

a)         To ensure the protection of persons using the building and to facilitate egress from the building in the event of a fire, the application for a construction certificate must demonstrate that the building addition will integrate with the performance solution, fire resistance levels and fire suppression equipment of the existing structure. An appropriately qualified practicing fire engineer shall determine that the existing structure is able to provide adequate means of fire compartmentation, smoke spread, fire suppression and egress. Details shall be provided with the construction certificate application.

b)         The existing steel beams and posts that are situated toward the rear of the basement carpark are not fire protected. The posts and beams shall be included in upgrade of the existing structure and shall be treated in accordance with Specification C1.1 of the National Construction Code - Building Code of Australia. Details of the upgrade shall be submitted with the construction certificate application.

8.         Fire Safety Schedule

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

9.         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 inTM through www.sydneywater.com.au under the Building and Development tab.

10.        Pedestrian Access Management Plan

A Pedestrian Access Management Plan (PAMP) is to be submitted with the Construction Certificate application detailing how pedestrian movements will be altered and managed during construction works, particularly during any partial or total closure of footpaths. The PAMP must be consistent with the Council approved CMP.

11.        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 AQF 5 arborist, and submitted to Council’s Compliance Team at compliance@hornsby.nsw.gov.au for review and approval 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)         A Construction Traffic Management Plan (CTMP) detailing the following:

i)          A detailed survey plan showing existing survey marks, vehicle access points and surrounding pedestrian footpaths.

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

iii)         A statement to confirm that no building materials, work sheds, vehicles or machinery shall remain in the road reserve without the written consent of Hornsby Shire Council.

iv)         In accordance with the Roads and Maritime Services “Traffic control at work sites Manual 2018”, detail:

a)         Public notification of proposed works.

b)         Long term signage requirements.

c)         Short term (during actual works) signage.

d)         Vehicle Movement Plans, where applicable.

e)         Traffic Management Plans.

f)          Pedestrian and Cyclist access and safety.

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

vi)         A plan showing the proposed location of site sheds, concrete pumps, crane and hoarding fencing locations, unloading and loading areas, and waste and storage areas throughout all stages of works.

vii)        Details of parking arrangements for all employees and contractors, including layover areas for large trucks during all stages of works.

viii)       The proposed truck routes to and from the site including details of the frequency of truck movements for all stages of the development.

ix)         A statement confirming that the applicant and all employees of contractors on the site will obey any direction or notice from the Prescribed Certifying Authority or Hornsby Shire Council in order to ensure the above.

x)         Details of the requirement for any Work Zones, Out of Hours permits, partial Road Closures or Crane Permits, and a statement that an application to Hornsby Shire Council will be made to obtain such a permit. Any applicable approvals from RMS for use of RMS roads must also be submitted.

c)         A Construction Waste Management Plan detailing the following:

i)          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.

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

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

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

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

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

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

e)         Dust suppression measures during demolition, excavation and construction.

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

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

12.        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.

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.

13.        Protection of Adjoining Areas

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

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

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

c)         Involve the enclosure of a public place or part of a public place; and/or

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

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

14.        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.

ii)          Be a temporary chemical closet approved under the Local Government Act 1993.

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

15.        Garbage Receptacle

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

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

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

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

REQUIREMENTS DURING DEMOLITION AND CONSTRUCTION

16.        Building Materials and Site Waste

The filling or stockpiling of building materials, the parking of vehicles or plant, the disposal of cement slurry, waste water or other contaminants must be located outside the tree protection zones as prescribed in the prescriptive measure of Part 1B.6.1(h) Tree Preservation of the Hornsby Development Control Plan, 2013, of any tree to be retained.

17.        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.

18.        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.

19.        Demolition

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

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

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

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

20.        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.

21.        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. 

22.        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, walls and the like have been correctly positioned on the site.

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

23.        Waste Management

All work must be carried out in accordance with the approved waste management plan.

24.        Waste Management Details

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

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

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

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

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

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

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

g)         Additionally, written records of the following items must be maintained during the removal of any waste from the site and such information submitted to the Principal Certifying Authority within fourteen days of the date of completion of the works:

i)          The identity of the person removing the waste.

ii)          The waste carrier vehicle registration.

iii)         Date and time of waste collection.

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

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

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

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

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

25.        Local Traffic Committee – Works Zone

All construction vehicles associated with the proposed development are to be contained on site or in a Local Traffic Committee (LTC) approved “Works Zone”, and the following requirements:

a)         The site supervisor to be advised that the Works Zone will be deemed to be in effect, and fees will apply, between the dates nominated by the supervisor, or when parking spaces are managed for the sole use of construction vehicles associated with the site.

b)         The Works Zone signs shall be in effect only apply for the times approved by Council, and the time is to be noted on the sign. E.g., ‘Works Zone Mon – Sat 7am – 5pm’.

c)         The applicant is required to supply a sign posting installation plan for referral to the Local Traffic Committee, noting on it the duration of the Works Zone.

d)         The Works Zone is only to be used for the loading and unloading of vehicles. Parking of workers’ vehicles, or storage of materials, is not permitted.

26.        Compliance with CMP and PAMP

The approved Construction Management Plan (CMP) and Pedestrian Access Management Plan (PAMP) must be complied with for the duration of works, unless otherwise approved by Council.

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

27.        Installation of Acoustic Barriers

A 1.8m high sound barrier wall is to be installed to the outer perimeter of the second-floor level terraces and constructed using masonry and translucent glass panels.

28.        Driveway Drainage Grates

In accordance with the recommendations of the approved Acoustic Report, the drainage grates installed across the driveways and carpark are to be securely locked or bolted down to reduce the noise emission resulting from cars driving over the grates.

29.        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 AUS-SPEC Specifications - (www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-conditions).  Rectification works must be undertaken prior to the issue of an Occupation Certificate, or sooner, as directed by Council.

30.        Fire Safety Statement – Final

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

31.        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 bin storage area(s) must include water or a hose for cleaning, graded floors with drainage to sewer, sealed and impervious surface, adequate lighting and ventilation.

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

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

32.        Car Parking

All car parking must be constructed 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, and the following requirements:

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

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

33.        External Lighting

a)         To protect the amenity of adjacent properties, all external lighting must be designed and installed in accordance with Australian Standard AS 4282 – Control of the Obtrusive Effects of Outdoor Lighting.

b)         Certification of compliance with this Standard must be obtained from a suitably qualified person and submitted to the PCA with the application for the Occupation Certificate.

34.        Final Certification - Acoustics

Following the final inspection, a qualified Acoustic Consultant must provide certification that the building has been constructed in accordance with the recommendations of the approved Noise Assessment Report prepared by Acoustic Logic dated 12 June 2020.

OPERATIONAL CONDITIONS

35.        Use of Premises

This consent does not permit the fit-out and use of individual tenancies. A separate development application is required for the fit-out and use of individual tenancies prior to the occupation of the tenancies.

36.        Hours of Operation

The hours of operation of the premises are restricted to those times listed below:

a)         Retail Operating Hours (existing approved shops)

i)          Monday to Saturday            7:00AM to 12:00AM (Midnight)

ii)          Sunday                               8:00AM to 10:00PM

b)         Retail Operating Hours (proposed retail premises)

i)          Monday to Saturday          7:00AM to 10:00PM

ii)          Sunday                            7:00AM to 8:00PM

c)         Second Floor Level Terraces

i)          Monday to Saturday          7:00AM to 11:30PM

ii)          Sunday                            8:00AM to 10:00PM

d)         Loading Dock

i)          Monday to Saturday          7:00AM to 10:00PM

ii)          Sunday                            8:00AM to 6:00PM

37.        Fire Safety Statement - Annual

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

38.        Waste Management

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

a)         The manoeuvring areas adjacent to the main loading dock and the specialty loading dock shall be kept clear at all times to ensure that adequate area is available for delivery vehicles and waste collection vehicles to manoeuvre. No materials, bins or waste receptacles or compactors are to be stored in the manoeuvring area of the loading dock at any time other than as approved by Hornsby Shire Council.

b)         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.

c)         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.

d)         Waste collection services must not take place between 8PM and 7AM weekdays or 8PM and 8AM on weekends and public holidays.

e)         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.

39.        Car Parking

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

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

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

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

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

40.        Road Works

a)         Subject to approval by the Hornsby Local Traffic Committee (LTC), the kerb blisters on Bellevue Street at the entrance to the shopping centre are to be replaced with a Wombat Crossing.  The Wombat Crossing is to be designed in accordance with TfNSW and Austroads Guidelines and submitted to Council for LTC approval.

b)         Subject to approval by the Hornsby Local Traffic Committee (LTC), a single lane treatment is to be constructed on Wood Street 8m south of Bellevue Street. The single lane treatment is to be designed in accordance with TfNSW and Austroads Guidelines and submitted to Council for LTC approval.

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

d)         A continuous BB centreline is to be provided from the Wood Street boundary to the first-floor level car park.

e)         Car parking spaces are not to be used for car wash activities.

41.        Mechanical Plant Operation

a)         The number of mechanical plants on the roof of the building is restricted to the following numbers:

i)          Five commercial condensing units above the food/retail outlets near the eastern terrace.

ii)          Five commercial condensing units above the food/retail outlets near the northern terrace.

iii)         Two kitchen exhaust fans above the food/retail outlets near the eastern terrace.

iv)         Two kitchen exhaust fans above the food/retail outlets near the northern terrace.

b)         The air conditioning unit must not exceed a Sound Power Level greater than 80 dB(A).

c)         The kitchen exhaust fans must not exceed a Sound Power Level greater than 90 dB(A).

d)         The kitchen exhaust fans must be acoustically treated using internally lined ductwork and/or silencers.

42.        Noise Management

a)         All noise generated by the proposed development must be attenuated to prevent levels of noise being emitted to adjacent premises which possess tonal, beating and similar characteristics or which exceeds background noise levels by more than 5dB(A).

b)         The level of total continuous noise emanating from operation of all mechanical plant, including air conditioning units and processes in all buildings (LA10) (measured for at least 15 minutes) in or on the above premises, must be acoustically treated to reduce the noise emission level at nearby residences so that noise does not exceed the background level by more than 5dB(A) when measured at residential property boundaries.

c)         An acoustic assessment is to be undertaken by a suitably qualified environmental consultant within 60 days of commencement of the use of the first and second floor level retail premises in accordance with the Environment Protection Authority’s Noise Policy for Industry (2017), Council’s Policy and Guidelines for Noise and Vibration Generating Development (Acoustic Guidelines V.5, 2000) and the DECC’s Noise Guide for Local Government (2004). The assessment must be held on site for review by Council if necessary. Should the assessment find that noise from the premise exceeds 5dB(A) above background noise levels at neighbouring receivers, appropriate measures must be employed to rectify excessive noise.

d)         The following maximum number of people are permitted inside the new cafes and restaurants and in the outdoor dining areas:

i)          Up to 76 people on the eastern terrace.

ii)          Up to 65 people on the northern terrace.

iii)         Up to 200 people inside the cafes and restaurants fronting the eastern terrace.

iv)         Up to 100 people inside the cafes and restaurants fronting the northern terrace.

v)         The Leq sound level of background music must not exceed 75dB(A) at 3 metres from the speakers.

CONDITIONS OF CONCURRENCE – TRANSPORT FOR NSW (TfNSW)

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.

43.        TfNSW Condition No. 1

A Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control should be submitted to Council for approval prior to the issue of a Construction Certificate.

44.        TfNSW Condition No. 2

A Road Occupancy Licence (ROL) should be obtained from Transport Management Centre for any works that may impact on traffic flows on Pennant Hills Road and The Comenarra Parkway during construction activities. A ROL can be obtained through https://myrta.com/oplinc2/pages/security/oplincLogin.jsf

45.        TfNSW Condition No. 3

All demolition and construction vehicles are to be contained wholly within the site and vehicles must enter the site before stopping. A construction zone will not be permitted on Pennant Hills Road and The Comenarra Parkway.


 

 

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

·              Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy 

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

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

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

Tree and Vegetation Preservation

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

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

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

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

Dial Before You Dig

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

Asbestos Warning

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

www.environment.nsw.gov.au

www.adfa.org.au

www.safework.nsw.gov.au

Alternatively, telephone the SafeWork NSW on 13 10 50.

Disability Discrimination Act

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

Covenants

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

Tenancy Fit-Out – Separate DA Required

This consent does not permit the fit-out and use of individual tenancies. A separate development application is required for the fit-out of individual tenancies prior to the occupation of the building.

Business Identification / Advertising Signage – Separate DA Required

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

 

 

 


 

LPP Report No. LPP17/20

Local Planning Panel

Date of Meeting: 6/08/2020

 

2        DEVELOPMENT APPLICATION - CHANGE 12 STRATA UNITS INTO COMMUNITY TITLE SUBDIVISION COMPRISING 12 RESIDENTIAL LOTS AND 1 COMMON LOT - INTEGRATED - 33 CLOVELLY ROAD, HORNSBY   

 

EXECUTIVE SUMMARY

DA No:

DA/730/2019 (Lodged on 15 August 2019)   

Description:

Conversion of an existing multi-unit housing development from 12 Strata title lots and common property to Community title subdivision comprising 12 residential lots and 1 community lot

Property:

Strata Plan 18948, No. 33 Clovelly Road, Hornsby

Applicant:

Key Urban Planning

Owner:

Owners Corporation SP 18948

Estimated Value:

$0

·              The proposal does not comply with the Hornsby Local Environmental Plan 2013 (HLEP) with regard to Clause 4.1 ‘Minimum subdivision lot size’. The applicant has made a submission in accordance with Clause 4.6 ‘Exceptions to development standards’ of the HLEP to vary the minimum 500m2 lot size development standard. The submission is considered well founded and is supported.

·              The application is required to be determined by the Hornsby Council Local Planning Panel as the proposal would contravene the HLEP development standard for minimum subdivision lot size by more than 10 percent.

·              No submissions have been received in respect of the application.

·              It is recommended that the application be approved.

 

RECOMMENDATION

THAT Council assume the concurrence of the Secretary of the Department of Planning and Environment pursuant to Clause 4.6 of the Hornsby Local Environmental Plan 2013 and approve Development Application No. DA/730/2019 for conversion of existing approved multi-unit housing development from 12 Strata title lots and common property to Community title subdivision comprising 12 residential lots and 1 community lot at Strata Plan 18948, No. 33 Clovelly Road, Hornsby subject to the conditions of consent detailed in Schedule 1 of Report No. LPP17/20.

 

 

BACKGROUND

The existing development on the site was granted development consent in the early 1980’s. Council records indicate that 12 individual Development Applications were submitted to Council and approved in late 1982 (BA/1271/1981 - BA/1282/1981 inclusive).

The applicable planning law at that time was the Hornsby Planning Scheme Ordinance adopted under the provisions of the Local Government Act 1919. The development of the land for multiple dwellings and strata subdivision was permitted on the site with development consent at the date of the original approval.

In July 1984, the Hornsby Shire Local Environmental Plan 1994 (HSLEP) was gazetted. Hornsby Shire was exempted from the provisions of the now repealed NSW State Government’s urban consolidation policies, namely Sydney Regional Environmental Plan No. 12 Dual Occupancy (SREP 12) and State Environmental Planning Policy No. 25 Residential Allotment Sizes (SEPP 25).

The exemption was granted as a result of the housing initiatives embodied within the HSLEP which presented an alternative solution to meet both local and State housing objectives. The HSLEP incorporated higher density residential zones around transport and employment nodes, such as the Hornsby Town Centre. The HSLEP also permitted multi-unit housing at a density of one dwelling per 350m2 of land area within the Residential A (Low Density) zone. In accordance with Clause 4(2) of the HSLEP, SREP 12 and SEPP 25 no longer applied to Hornsby Shire.

The site zoning changed to Residential A (Low Density) under the HSLEP 1994. The development of the site in existence at the date of gazettal of HSLEP 1994 was defined as ’multi-unit housing’.  The HSLEP dictionary provided the following definition: “multi-unit housing means 2 or more dwellings, whether attached or not, but does not include a hotel or motel.” ‘Multi-unit housing’ was permitted within the Residential A (Low Density) zone with the development consent of Council.

The then Minister for Urban Affairs and Planning subsequently repealed the right to separate titles on dual occupancy developments. However, despite the repeal of SREP 12 and SEPP 25, the subdivision of dual occupancies with reduced lot sizes was still possible under the HSLEP.

On 15 December 1995, to bring the HSLEP in accordance with State Government policies, HSLEP (Amendment No. 8) was gazetted to preclude the subdivision of multi-unit housing developments where proposed allotment sizes were less than the 500m2 minimum allotment size under Clause 14(3) and (4) (Density) of the HSLEP.

In September 2013, the Hornsby Local Environmental Plan 2013 (HLEP) was gazetted which permitted a minimum allotment size of 500m2 and prohibited ‘multi-unit housing’ and ‘dual occupancies’ within the R2 Low Density Residential zone.

Application History

On 15 August 2019, the subject development application for conversion of existing approved multi-unit housing development from 12 Strata title lots to Community title subdivision comprising 12 residential lots and 1 community lot was lodged.

On 27 February 2020, Council received NSW Rural Fire Service General Terms of Approval (GTAs) and subsequently on 19 March 2020 sent a request for information to the Applicant requesting withdrawal of the application given concerns regarding vegetation removal given the lack of supporting information regarding asset protection requirements imposed in the GTAs.

On 8 May 2020, the Applicant’s bushfire consultant submitted an addendum to the original bushfire report which included a review of the NSW Rural Fire Service GTAs. The addendum stated that no vegetation clearing would be required as a consequence of the asset protection zone.

On 3 June 2020, Council requested an arborist report and tree survey for any tree within the APZ of dwelling Nos. 7, 8, 10 and 12 to be submitted to ensure that native vegetation within the APZ is managed appropriately to assist with imposing conditions for the ongoing management of the IPA for each individual property post subdivision.  This is consistent with the recommendations in the original bushfire report submitted by the applicant that a vegetation management plan be prepared for the entire site.

On 26 June 2020. The applicant submitted the arborist report and tree survey.

SITE

The 1.19-hectare site is known as Lots 1-12 in Strata Plan 18948 and is located on the eastern side of the cul-de-sac in Clovelly Road, Hornsby. The site is currently strata subdivided into 12 lots with existing dwellings on each lot.

Access to the lots is via a shared carriageway for the entire site. A natural watercourse is located to the south of the site, which is heavily obscured by bushland.

The site experiences an average gradient of 37% to the south-west of the site.

The site is bushfire prone.

PROPOSAL

The proposed development incorporates:

·              The re-subdivision of the subject site from 12 Strata Lots and common property to 12 Torrens title lots and one community lot and minor boundary changes to several lots. The reason for the proposed boundary changes is to reflect the actual construction of the complex.

·              The proposed lot areas are:

o     Proposed Lot 1 - Community Lot – 1510m2 - minor reduction.

o     Proposed Lot 2 - 642.9m2 (Existing 642m2) - 0.9m2 increase.

o     Proposed Lot 3 - 438.6m2 (Existing 436m2) - 2.4m2 increase.

o     Proposed Lot 4 - 439.1m2 (Existing 439m2) - 0.1m2 increase.

o     Proposed Lot 5 - 784m2 (Existing 784m2) - No change minor reconfiguration.

o     Proposed Lot 6 - 371.4m2 (Existing 371m2) - 0.4m2 increase.

o     Proposed Lot 7 - 1719m2 (Existing 1719m2) - No change minor reconfiguration.

o     Proposed Lot 8 - 1145m2 (Existing 1145m2) - No change minor reconfiguration.

o     Proposed Lot 9 - 484m2 (Existing 484m2) - No change minor reconfiguration.

o     Proposed Lot 1 - 1569m2 (Existing 1569m2) - No change minor reconfiguration.

o     Proposed Lot 1 - 367m2 (Existing 367m2) - No change minor reconfiguration.

o     Proposed Lot 12 - 1154m2 (Existing 1154m2) - No change minor reconfiguration.

o     Proposed Lot 13 - 1289m2 (Existing Lot 1 1289m2) - No change minor reconfiguration.

·              Three trees are proposed to be removed as a result of poor health.

ASSESSMENT

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

1.         STRATEGIC CONTEXT

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

The Greater Sydney Region Plan - A Metropolis of Three Cities has been prepared by the NSW State Government to guide land use planning decisions for the next 40 years (to 2056).  The Plan sets a strategy and actions for accommodating Sydney’s future population growth and identifies dwelling targets to ensure supply meets demand.  The Plan also identifies that the most suitable areas for new housing are in locations close to jobs, public transport, community facilities and services.

The NSW Government will use the subregional planning process to define objectives and set goals for job creation, housing supply and choice in each subregion.  Hornsby Shire has been grouped with Hunters Hill, Ku-ring-gai, Lane Cove, Mosman, North Sydney, Ryde, Northern Beaches and Willoughby to form the North District.  The Greater Sydney Commission has released the North District Plan which includes priorities and actions for Northern District for the next 20 years.  The identified challenge for Hornsby Shire will be to provide an additional 4,350 dwellings by 2021 with further strategic supply targets to be identified to deliver 97,000 additional dwellings in the North District by 2036.

The proposed development would be consistent with the Greater Sydney Region Plan - A Metropolis of Three Cities and the North District Plan.

2.         STATUTORY CONTROLS

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

2.1        Hornsby Local Environmental Plan 2013

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

2.1.1     Zoning of Land and Permissibility

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

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

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

The proposed development is defined as ‘subdivision’ and is permissible with Council’s consent.

2.1.2     Minimum Subdivision Lot Size

Clause 4.1 of the HLEP prescribes that the minimum subdivision lot size is not to be less than shown for the land on the Minimum Lot Size Map, which is 500m2.

The proposed subdivision would result in 5 existing lots (being Lots 3, 4, 6, 9 and 11), that would not comply with the minimum prescribed 500m2 lot size as they are currently undersized. The non-compliant lots are as follows:

·              Proposed Lot 3 - 438.6m2

·              Proposed Lot 4 - 439.1m2

·              Proposed Lot 6 - 371.4m2

·              Proposed Lot 9 - 484m2

·              Proposed Lot 11 - 367m2

The application is supported by a submission pursuant to Clause 4.6 of HLEP to vary the minimum 500m2 allotment size development standard in regard to proposed Lots 3, 4, 6, 9 and 11, which is discussed below in Section 2.1.4 of this report.

2.1.3     Height of Buildings

Clause 4.3 of the HLEP provides that the height of a building on any land should not exceed the maximum height show for the land on the Height of Buildings Map.  The maximum permissible height for the subject site is 8.5m. No modification to any building is proposed as part of this application, accordingly the proposal complies with Clause 4.3 of the HLEP.

2.1.4     Exceptions to Development Standards

The application has been assessed against the requirements of Clause 4.6 of the HLEP.  This clause provides flexibility in the application of the development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objectives of the zone.

Clause 4.6 applies to this development as proposed Lots 3, 4, 6, 9 and 11 are under the 500m2 minimum lot size development standard as follows:

·              Proposed Lot 3 - 438.6m2 - variation of 61.4m2 or 12.2%

·              Proposed Lot 4 - 439.1m2 - variation of 61m2 or 12.2%

·              Proposed Lot 6 - 371.4m2 - variation of 128.6m2 or 25.7%

·              Proposed Lot 9 - 484m2 - variation of 26m2 or 5%

·              Proposed Lot 11 - 367m2 - variation of 133m2 or 26%

The applicant has made a submission in support of a variation to the development standard in accordance with Clause 4.6 of the HLEP. The applicant states that the proposed variation is considered to be consistent with the objectives of the control and is justified as follows:

·              The shape and locality of the site and the opportunities and constraints that arise for its subdivision as a result - specifically the opportunity to provide benefits in the form of community title subdivision that did not exist as an available form of land tenure at the time of the development of the ‘multi-unit dwellings’ and subsequent strata subdivision.

·              The potential for negative town planning and urban outcomes that may arise from strict compliance with the requirement are negligible when considering the context of the site with surrounding development.

·              The unique qualities of the site and the proposed subdivision will maintain and enhance these and the character of the locality.

·              The character, operation and appearance of the current development will not be altered by the subdivision. In fact, the subdivision will bring the land tenure in keeping with the current legislative regime and will assist in a more efficient management of the operations of the site by the landowners.

·              The minor boundary adjustments proposed will not demonstrably alter the existing lot layout and aim to merely reflect the current ‘as built’ environment with buildings and structures on the site.

·              The existing site density is maintained. The density that could be achieved by a fully compliant subdivision proposal is far greater than the current/ proposed situation.

·              The change in land tenure will adopt current practices under the Community titles schemes that lend themselves to the current site development. Such arrangements for land tenure were not available at the time of strata subdivision of the development. Furthermore, the current strata title scheme is complicated and not conducive to efficient operational issues for the landowners.

State Government Guidelines on varying development standards recommend considering the provisions of Clause 4.6 of the LEP and the ‘five-part test’ established by the Land and Environment Court as follows:

1.         The objectives of the standard are achieved notwithstanding noncompliance with the standard.

2.         The underlying objective or purpose of the standard is not relevant to the development and therefore compliance is unnecessary.

3.         The underlying object of purpose would be defeated or thwarted if compliance was required and therefore compliance is unreasonable.

4.         The development standard has been virtually abandoned or destroyed by the council’s own actions in granting consents departing from the standard and hence compliance with the standard is unnecessary and unreasonable.

5.         The compliance with development standard is unreasonable or inappropriate due to existing use of land and current environmental character of the particular parcel of land.  That is, the particular parcel of land should not have been included in the zone.

The applicant’s submission to vary the minimum development standard is considered well founded for the following reasons:

·              The proposal includes minimal changes to the approved built form, and therefore, the proposal would have a negligible impact on the existing streetscape or the amenity of adjoining properties.

·              Approval of the application for Community title subdivision would not alter the intensity or scale of the existing development on the site.

·              The proposal is both site specific and accords with the objective of the zone as the proposal would allow the existing dwellings to be on separate Torrens titles, thereby adding economic value and versatility to existing housing stock.

·              The proposal would result in allotments consistent with the objectives of the development standard. This is evident as the existing ‘multi dwelling housing’ on the site demonstrates that the proposed allotments are capable of accommodating dwelling houses with the necessary ancillary services including stormwater and sewer.

·              The 11,900m2 site area is of adequate size to facilitate a compliant subdivision, however the five non-compliant lots are a result of the existing strata subdivision pattern which features significantly steep topography. It is considered that the requirement to achieve strict compliance with the development standard in this instance would be unnecessary and would not result in a better planning outcome for the site then the existing subdivision pattern. 

Based on this assessment, it is considered that compliance with the development standard would be unreasonable and unnecessary in the circumstances of the case.  Accordingly, the Clause 4.6 submission is supported.

2.1.5     Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire.  The site does not include a heritage item and is not located in a heritage conservation area.  Accordingly, no further assessment regarding heritage is necessary.

2.1.6     Earthworks

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

No earthworks are proposed as part of this application.

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.

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

2.3        State Environmental Planning Policy No. 55 Remediation of Land

The application has been assessed against the requirements of State Environmental Planning Policy No. 55 Remediation of Land (SEPP 55) under which consent must not be granted to the carrying out of any development on land unless the consent authority has considered whether the land is contaminated or requires remediation for the proposed use.

Should the land be contaminated Council must be satisfied that the land is suitable in a contaminated state for the proposed use. If the land requires remediation to be undertaken to make the land suitable for the proposed use, Council must be satisfied that the land will be remediated before the land is used for that purpose.

A search of Council’s records and aerial photos indicates the site has a history of residential use. Accordingly, it is not likely that the site has experienced any significant contamination and further assessment under SEPP 55 is not required.

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

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

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

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

2.5        Rural Fires Act 1997

Subdivision of Bushfire Prone Land is integrated development under the Rural Fires Act 1997. The development application was referred to the NSW Rural Fire Service who provided General Terms of Approval which are included as conditions of development consent in Schedule 1 of this report.

2.6        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.

2.7        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 sets out the proposal’s compliance with the prescriptive requirements of the Plan:

2.7.1     HDCP Compliance

There would be no changes to existing setbacks of Lots 3, 4, 6, 9 and 11 as a consequence of minor lot boundary configuration as the minor boundary changes would reflect the actual construction of the complex and the lot size increases would be taken from the common property (access handle). No changes would occur to compliance with car parking, private open space or landscaping.

With regards to waste management, waste trucks currently pick up from the street frontage with bins located in a bin holding area at the front of the site and this practice would remain. 

2.7.2     Lot Size

As discussed under Sections 2.1.2 and 2.1.4 of this report, the existing ‘multi dwelling housing’ development demonstrates that the site is of sufficient size and shape to accommodate 12 dwelling houses. The proposed Community title subdivision, with Torrens title residential lots would not alter the intensity or scale of the existing development on the site and would convert a prohibited ‘multi dwelling housing’ development to a permissible use within the R2 Low Density Residential zone under the HLEP.

The proposal would not alter the existing streetscape or the amenity of adjoining properties and is considered acceptable in this regard.

2.8        Section 7.11 Contributions Plans

The existing ‘multi dwelling housing’ development was approved prior to the gazettal of all previous Development Contribution Plans adopted by Council. A Section 7.11 Contribution is not applicable as the development would not increase demand for services and no additional dwellings are proposed. 

3.         ENVIRONMENTAL IMPACTS

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

3.1        Natural Environment

3.1.1     Tree and Vegetation Preservation

The proposed development is located on bushfire prone land. The NSW Rural Fire Service General Terms of Approval (GTAs) required the entire site, excluding areas where the slope of land is 18 degrees or steeper to be managed as an inner protection area (IPA).

Accordingly, in order to ascertain the extent of any required vegetation removal, Council requested the applicant to submit an addendum to the original bushfire report to confirm that no vegetation clearing is required in order to meet the NSW RFS requirements and to submit an Arboricultural Impact Assessment (AIA) and tree survey for trees located within the asset protection area identified within the rear of Lots 7, 8, 10 and 12.

In response to the request for further information, the applicant provided an addendum to the original bushfire report which reviewed the NSW RFS conditions and confirms that no vegetation clearing would be required for the ongoing maintenance of the IPA. In addition, an AIA and tree survey were submitted for trees located within the rear of Lots 7, 8, 10 and 12 which included a total of 137 trees that were assessed. The AIA concurred with the bushfire consultant that no trees are required to be removed to accommodate the IPA requirement, however the arborist made recommendations that 3 trees should be removed (Trees 16, 34 and 58) as these trees are either dead or experiencing significant decline in health and that 2 trees should be pruned to remove existing deadwood. Council’s bushland assessment raised no objections to the removal of the 3 trees and pruning of 2 trees subject to a condition that two replacement trees be planted on the Community lot.

Consequently, and as per the confirmation from the project bushfire consultant, no additional tree removal is required to in order to establish the required APZ at the rear of the site. Conditions of development consent have been recommended in Schedule 1 of this report to this effect.

3.1.2     Stormwater Management

The desired outcome of Part 1C.1.2 Stormwater Management of the HDCP is for “water management systems that minimise the effects of flooding and maintains natural environmental flows”.

The proposed development does not propose any changes to the existing stormwater disposal method for the dwelling houses on the subject site, with the existing internal stormwater management to remain in place for each allotment. Council’s engineering assessment raised no objections to this design.

4.         SITE SUITABILITY

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

The subject site has been identified as bushfire prone.  As described in Section 2.5 and 3.1.1, the site is considered to be capable of accommodating the proposed development.  The scale of the proposed development is consistent with the capability of the site and is considered acceptable.

5.         PUBLIC PARTICIPATION

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

5.1        Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 22 August 2019 and 8 September 2019 in accordance with the Hornsby Community Participation Plan.  During this period, Council did not receive any submissions.  The map below illustrates the location of those nearby landowners who were notified of the proposal and that are in close proximity to the development site.

NOTIFICATION PLAN

      PROPERTIES NOTIFIED

X      SUBMISSIONS

RECEIVED

Wide upward diagonal            PROPERTY SUBJECT OF DEVELOPMENT

6.         THE PUBLIC INTEREST

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

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

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

CONCLUSION

The application proposes conversion of an existing ‘multi dwelling housing’ development from 12 strata title lots to Community title subdivision comprising 12 Torrens title residential lots and 1 community lot.

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

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

The reasons for this decision are:

·              The proposed development satisfactorily complies with the requirements of the relevant environmental planning instruments and the Hornsby Development Control Plan 2013.

·              The request under Clause 4.6 of the Hornsby Local Environmental Plan 2013 to vary the ‘Minimum Lot Size’ development standard is well founded.  Strict compliance with the development standard is unreasonable and unnecessary in the circumstances of the case and there are sufficient environmental planning grounds to justify the variation to the development standard.

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

 

Note:  At the time of the completion of this planning report, no persons have made a Political Donations Disclosure Statement pursuant to Section 10.4 of the Environmental Planning and Assessment Act 1979 in respect of the subject planning application.

RESPONSIBLE OFFICER

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

Attachments:

 

 

 

 

 

 

Cassandra Williams

Major Development Manager - Development Assessments

Planning and Compliance Division

 

 

 

 

Rod Pickles

Manager - Development Assessments

Planning and Compliance Division

 

 

 

 

 

Attachments:

1.

Locality Map

 

 

2.

Clause 4.6 Variation

 

 

3.

Subdivision Plan

 

 

 

 

File Reference:           DA/730/2019

Document Number:     D07971112

 


SCHEDULE 1

GENERAL CONDITIONS

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

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

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

1.         Approved Plans and Supporting Documentation

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

Approved Plans

Plan No.

Plan Title

Drawn by

Dated

Council Reference

5728-Subd1, sheet 1, Rev A

Plan of proposed community title subdivision

Mepstead & Associates

4.12.2018

 

Supporting Documentation

Document Title

Prepared by

Dated

Council Reference

Arboricultural Impact Assessment

Abacus Tree Services

3.06.2020

D07949942

NSW RFS General Terms of Approval DA-2019-03111

NSW Rural Fire Service

27.02.2020

D07865599

Bushfire Report

Australian Bushfire Protection Planners

25.07.2019

D07738026

Addendum to bushfire report

Australian Bushfire Protection Planners

06.05.2020

D07913261

2.         Removal of Trees

       This development consent permits the removal of trees numbered 16, 34 and 58 and the pruning of trees numbered 35 and 51 as identified in the Aboricultural Impact Assessment submitted by Abacus Tree Services dated 3 July 2020.

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

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

3.         Sydney Water – s73 Certificate

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

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

4.         Creation of Easements

The following matters must be nominated on the plan of subdivision under s88B of the Conveyancing Act 1919

a)         A right of access and easement for services over burdened/ community land.

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

c)         An easement for letterboxes shall be created over the burdened lot (if letter boxes are located within a lot).

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

5.         Replacement Tree Requirements

a)         The trees approved for removal under this consent, being trees numbered 16, 34 and 58 must be offset through replacement planting of a minimum of two trees which must consist of 1x Sydney Red Gum (Angophora costata) and 1x Sydney Peppermint (Eucalyptus piperita).

b)         All replacement planting is to be located greater than 10 metres from any dwelling and must comply with the Asset Protection Zone requirements outlined in the NSW RFS publication Planning for Bushfire Protection 2019.

c)         The size of tree replacement planting must comply with the following:

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

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

iii)         All replacement trees must have the potential to reach a mature height greater than 10 metres.

6.         Asset Protection Zone Certification and upgraded dwellings

a)         A suitably qualified Bushfire Consultant must provide certification that replacement planting has been completed and maintains the landscaping requirements for an Inner Protection Area as outlined in Planning for Bushfire Protection 2019 and the General Terms of Approval as provided by the NSW RFS.

b)         A suitably qualified Bushfire Consultant must provide certification that the upgraded works to the dwellings identified in Condition 9 have been satisfactorily completed.  

 

OPERATIONAL CONDITIONS

7.         Ongoing Protection of Bushland

All trees on site not approved for removal under this consent are required to be retained for conservation purposes. These trees are excluded from the clearing provisions of the 10/50 Vegetation Clearing Code of Practice for New South Wales 2015 in accordance with Clause 7.8 of the Code.

GENERAL TERMS OF APPROVAL NEW SOUTH WALES RURAL FIRE SERVICE

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

8.         Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

a)         At the issue of a subdivision certificate, the entire site, excluding areas where the slope of land is 18 degrees or steeper, must be managed as an inner protection area (IPA). The IPA must comprise:

i)          Minimal fine fuel at ground level.

ii)         Grass mowed or grazed.

iii)        Trees and shrubs retained as clumps or islands and do not take up more than 20% of the area.

iv)        Trees and shrubs located far enough from buildings so that they will not ignite the building.

v)         Garden beds with flammable shrubs not located under trees or within 10 metres of any windows or doors.

vi)        Minimal plant species that keep dead material or drop large quantities of ground fuel.

vii)       Tree canopy cover not more than 15%.

viii)       Tree canopies not located within 2 metres of the building.

ix)        Trees separated by 2-5 metres and do not provide a continuous canopy from the hazard to the building.

x)         Lower limbs of trees removed up to a height of 2 metres above the ground.

9.         Construction Standards

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

a)         The existing dwellings must be upgraded to improve ember protection by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen mesh with a maximum aperture of 2mm. Where applicable, this includes any sub floor areas, openable windows, vents, weepholes and eaves. External doors are to be fitted with draft excluders.

- 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.

Tree and Vegetation Preservation

Hornsby Development Control Plan 2013 Tree and Vegetation Preservation provisions have been developed under Council’s authorities contained in State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 and the Environmental Planning and Assessment Act 1979.

In accordance with these provisions a person must not cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, lop or otherwise remove a substantial part of the trees or vegetation to which any such development control plan applies without the authority conferred by a development consent or a permit granted by Council.

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

Note: 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).

Covenants

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

Subdivision Certificate Requirements

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

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

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

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

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

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

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

Fees and Charges – Subdivision

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

House Numbering

The house numbering for this subdivision shall be:

 

Lot

Street Number

Street Name

Street Type

Locality

Lot 1

Common Property

No street name or number

 

Lot 2

33B

Clovelly

Road

Hornsby

Lot 3

33C

Clovelly

Road

Hornsby

Lot 4

33E 

Clovelly

Road

Hornsby

Lot 5

33D

Clovelly

Road

Hornsby

Lot 6

33F

Clovelly

Road

Hornsby

Lot 7

33G

Clovelly

Road

Hornsby

Lot 8

33H

Clovelly

Road

Hornsby

Lot 9

33J

Clovelly

Road

Hornsby

Lot 10

33I

Clovelly

Road

Hornsby

Lot 11

33K

Clovelly

Road

Hornsby

Lot 12

33L

Clovelly

Road

Hornsby

Lot 13

33A

Clovelly

Road

Hornsby