1                 LPP18/20    Development Application - Boundary Adjustment between Two Torrens Title Allotments - Nos. 1B and 3 Pine Valley Road, Galston

(DA/293/2020)

RECOMMENDATION

THAT the Hornsby Shire Council Local Planning Panel 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/293/2020 for a boundary adjustment between two Torrens title allotments at Lot 1 DP 1088474 and Lot 2 DP 1088474, Nos. 1B and 3 Pine Valley Road, Galston subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP18/20.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the Clause 4.6 submission and is satisfied that the applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6(3) of HLEP and is satisfied that the proposed development will be in the public interest because it is consistent with the objectives of the ‘Minimum subdivision lot size’ development standard and the objectives for development within the zone in which the development is proposed to be carried out.

The Panel resolved to adopt the officer’s recommendation and approve the proposed development subject to the conditions of consent contained in Schedule 1 of the report.

The reasons for this decision are:

·                     The proposed development generally 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 Subdivision Lot Size 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 with regard to amenity, rural character, preservation of agricultural land, tree preservation, streetscape and stormwater management.

VOTING OF THE PANEL MEMBERS

FOR:                Garry Fielding, Juliet Grant, Mary-Lynne Taylor, Brian Scarsbrick

AGAINST:         Nil

2                 LPP24/20    Development Application  - Alterations and Additions to the Size and Capacity of an Existing Concrete Batching Plant - 11 - 17 Salisbury Road, Hornsby

(DA/1175/2018)

RECOMMENDATION

THAT the Hornsby Shire Council Local Planning Panel 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/1175/2018 for upgrade of the existing concrete batching plant equipment to increase the total annual production from 47,500 tonnes per year to 320,000 tonnes per year including demolition of existing concrete batching infrastructure and construction of new batching house, modification to above ground storage bays, installation of conveyor system, aggregate hoppers, slump stands and washout area and 24 hour operations at Lot 6 and 7 DP 237296, Nos.11-17 Salisbury Road, Hornsby subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP24/20.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the Clause 4.6 submission and is satisfied that the applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6(3) of HLEP and is satisfied that the proposed development will be in the public interest because it is consistent with the objectives of the ‘Height of buildings’ development standard and the objectives for development within the zone in which the development is proposed to be carried out.

The Panel resolved to adopt the officer’s recommendation and approve the proposed development subject to the conditions of consent contained in Schedule 1 of the report and Condition No. 6 be amended to read:

6.         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:

https://www.hornsby.nsw.gov.au/property/build/applicationforms for review and approval. 

The CMP must include the following details:

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

i)              The order of construction works and arrangement of all construction machines and vehicles being used during all stages.

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

iii)            A statement confirming that no building materials, work sheds, vehicles, machines or the like shall be allowed to remain in the road reserve area without the written consent of Hornsby Shire Council.

iv)            The Plan shall be in compliance with the requirements of the Roads and Maritime Services Traffic control at work sites Manual 2018 and 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. Pedestrian access and two-way traffic in the public road must be able to be facilitated at all times.

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

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

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

ix)            Swept path analysis for ingress and egress of the site for all stages of works.

x)             Site plans for all stages of works including the location of site sheds, concrete pump and crane locations, unloading and loading areas, waste and storage areas, existing survey marks, vehicle entry, surrounding pedestrian footpaths and hoarding (fencing) locations.

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

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

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

xiv)         The maximum number of truck movements on any given day during peak commuting periods for all stages of works.

xv)          The source site location of any proposed fill to be imported to the site, for all stages of works.

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

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

b)            A Construction Waste Management Plan detailing the following:

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

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

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

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

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

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

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

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

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

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

d)               Identification of approved sediment and erosion control measures.

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

The reasons for this decision are:

·                The proposed development 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 Height of building 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 will not create unreasonable environmental impacts to adjoining development with regard to traffic, visual bulk, overshadowing, solar access, amenity or privacy.

·                The proposed development would facilitate the implementation of nearby infrastructure projects and be of positive economic impact.

VOTING OF THE PANEL MEMBERS

FOR:                Garry Fielding, Juliet Grant, Mary-Lynne Taylor, Jerome Cox

AGAINST:         Nil

3                 LPP25/20    Development Application - Demolition of Existing Structures and Torrens Title Subdivision of Three Lots into Four - 1131 - 1133 Pacific Highway, Cowan

(DA/1072/2018)

RECOMMENDATION

THAT Development Application No. DA/1072/2018 for demolition of existing structures and Torrens title subdivision of three lots into four at Lot 1 DP 576031, Lot 2 576031 and Lot 1 DP 203139, No. 1131 - 1133 Pacific Highway, Cowan be refused for the reasons detailed in Schedule 1 of LPP Report No. LPP25/20

PANEL’S CONSIDERATION AND DETERMINATION

The applicant has not made a submission to seek a variation to Council’s development standards in accordance with Clause 4.6 of the HLEP. The variation can therefore not be considered by Council.

The Panel noted that the applicant has not made a submission to seek a variation to the ‘Minimum Lot Size’ development standard in accordance with Clause 4.6 of the HELP. Accordingly, the Panel cannot be satisfied that the application has adequately addressed the matters required to be demonstrated by clause 4.6(3) of HLEP and is not satisfied that the proposed development will be in the public interest because it is inconsistent with the objectives of the ‘Minimum lot size’ development standard and the objectives for development within the zone in which the development is proposed to be carried out.

The Panel resolved to adopt the officer’s recommendation and refuse the proposed development for the reasons detailed in Schedule 1 of the report.

The reasons for this decision are:

·                     There is insufficient information to assess the development against the provisions of State Environmental Planning Policy No.55 Remediation of Land and therefore the development does not meet the objectives of SEPP 55.

·                     The development does not meet the objectives of Clause 4.1 Minimum subdivision lot size under the Hornsby Local Environmental Plan 2013.

·                     The proposed development does not comply with the requirements of the relevant environmental planning instruments and the Hornsby Development Control Plan 2013.

VOTING OF THE PANEL MEMBERS

FOR:                Garry Fielding, Juliet Grant, Mary-Lynne Taylor, Brian Scarsbrick

AGAINST:         Nil

4                 LPP28/20    Development Application - Alterations and Additions - Carport and Replacement Deck - 2 Nicholas Crescent, Normanhurst

(DA/579/2020)

RECOMMENDATION

THAT the Hornsby Shire Council Local Planning Panel 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/579/2020 for alterations and additions to a dwelling house at Lot 100 DP 732242, No. 2 Nicholas Crescent Normanhurst, subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP28/20.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the Clause 4.6 submission and is satisfied that the applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6(3) of HLEP and is satisfied that the proposed development will be in the public interest because it is consistent with the objectives of the ‘Height of buildings’ development standard and the objectives for development within the zone in which the development is proposed to be carried out.

The Panel resolved to adopt the officer’s recommendation and approve the proposed development subject to the conditions of consent contained in Schedule 1 of the report.

The reasons for this decision are:

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

·                     The request under Clause 4.6 of Hornsby Local Environmental Plan 2013 to vary the ‘Height of buildings’ 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 standards.

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

VOTING OF THE PANEL MEMBERS

FOR:                Garry Fielding, Juliet Grant, Mary-Lynne Taylor, Jerome Cox

AGAINST:         Nil

5                 LPP27/20    Reporting Development Applications for Determination by the Hornsby Local Planning Panel over 180 Days

(F2013/00295-002)

RECOMMENDATION

THAT the contents of LPP Report No. LPP27/20 be received and noted with pleasure that the matters listed will be presented to the Panel before the end of the year.

VOTING OF THE PANEL MEMBERS

FOR:                Garry Fielding, Juliet Grant, Mary-Lynne Taylor, Jerome Cox, Brian Scarsbrick

AGAINST:        Nil