1                 LPP34/20    Section 8.2 Review - Demolition of Existing Structures and Construction of a Two Storey Child Care Centre - No. 9 Stuart Avenue, Normanhurst

(DA/893/2019)

RECOMMENDATION

THAT the Hornsby Local Planning Panel approve the Section 8.2(1)(a) review of Development Application No. DA/893/2019 for demolition of existing structures and construction of a two-storey child care centre at Lot 91 DP 8354, No. 9 Stuart Avenue Normanhurst as a deferred commencement consent pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979 subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP34/20.

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the matters raised by the objectors in written submissions and at the meeting, including site suitability, proximity to service station, traffic & pedestrian safety, scale of development, privacy, overshadowing, landscaping, contamination and acoustic impacts.

The Panel resolved to adopt the officers’ recommendation and approve the proposed development subject to the conditions contained in Schedule 1 of the report with the following amendments:

Amend condition No. 18 to read:

18.          Acoustic Treatment and Certification

a)            Acoustic fencing must be installed in accordance with the approved architectural plans prepared by Gardner Wetherill Associates, dated 15 October 2020 and Part 5.4 and 7 recommendations within Acoustic Impact Assessment prepared by Day Designs, dated 27 July 2020 and the following requirements:

i)              The barrier walls shown on the approved architectural plans prepared by Gardner Wetherill Associates, dated 15 October 2020 are to be constructed of either 3 rails ‘solid lapped and capped’ timber, 10mm thick solid polycarbonate, 6.38mm thick laminate glass or masonry. The construction must be free of visible air gaps (including at the bottom) to provide an impervious sound barrier.

ii)             The 2.2m high barrier walls, shown on the approved architectural plans prepared by Gardner Wetherill Associates, dated 15 October 2020 are to be of solid construction in accordance with i) above for 1.8m in height and the top 400mm of the barrier is to be clear polycarbonate to facilitate sunlight access to the adjoining properties.

b)            Acoustic treatment must be installed for the proposed development in accordance with the recommendations contained within the Acoustic Impact Assessment prepared by Day Design, dated 27 July 2020 and the following requirements:

i)              Windows are to be inoperable to the internal play area (play area 3-5) along the lower ground floor, northern, southern and eastern elevation to control noise emissions from the centre to nearby sensitive receivers.

ii)             Sound absorptive insulation is to be fixed directly below the lower ground balcony soffit and consist of 100mm thick polyester insulation (density 3.2kg/m3) with a ceiling consisting of a perforated material (mini orb) or perforated fibre cement sheeting with a minimum open area 20%.

Amend condition No. 52 to read:

52.          Acoustic Certification

On completion of all works and prior to the issue of an Occupation Certificate, the certifier is to be provided with a certificate from a qualified acoustic consultant certifying that all acoustic works have been completed in accordance with the Part 5.4 and Part 7 recommendations contained within the Acoustic Impact Assessment report prepared by Day Design, dated 27 July 2020 and the conditions of this consent.

The reasons for this decision are:

·                The amended proposal now complies with the requirements of the relevant environmental planning instruments, the Hornsby Development Control Plan 2013 and the Child Care Planning Guideline 2017.

·                The amended proposal now overcomes the issues that resulted in refusal of the development application by the Panel on 27 May 2020.

·                The amended proposal does not create unreasonable environmental impacts to adjoining development with regard to visual bulk, overshadowing, solar access, amenity, privacy, noise generation, traffic, safety and tree preservation.

VOTING OF THE PANEL MEMBERS

FOR:                Garry Fielding, Linda McClure, Mary-Lynne Taylor, Jerome Cox

AGAINST:         NIL

2                 LPP35/20    Development Application - Construction of 29 Attached Townhouses with Basement Car Parking - 487-495 Pacific Highway, Asquith

(DA/1213/2018)

RECOMMENDATION

THAT Development Application No. DA/1213/2018 for the construction of a 2 storey townhouse development, with attics, comprising 29 units with two separate basement car parks at Lot 4 DP 1003291, Lot 5 DP 1003291, Lot 201 DP 1101906, Lot 1 DP 574708 and SP 36755, Nos. 487-495 Pacific Highway, Asquith be approved as a deferred commencement pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979 subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP35/20. 

PANEL’S CONSIDERATION AND DETERMINATION

The Panel considered the matters raised by the objectors in written submissions and at the meeting, including traffic & parking impacts, bulk & scale of development, removal of trees, waste collection construction noise and devaluation of adjoining properties.

The Panel resolved to adopt the officers’ recommendation and approve the proposed development subject to the conditions contained in Schedule 1 of the report with the following amendments:

Amend the wording of condition No. 1 to read:

    1.     Deferred Commencement

a)            Pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, this consent does not operate until the proposed easement to drain water over Lot 3 DP 654738, (No.485 Pacific Highway, Asquith) Lot 2 DP 1003289 (No.483 Pacific Highway Asquith), Lot 1 DP 1003285 (No.481 Pacific Highway Asquith) and  Lot 1 DP 656401 (1X Wall Avenue Asquith) is registered with the NSW Land Registry Services (NSW LRS).

b)            This development consent permits the removal of trees numbered T24 and T27 as identified in the Additional Tree Location and Fencing Plan dated 15/11/2019 (D07799164) subject to written owners’ consent submitted to Council.

c)             Such information must be submitted within 36 months of the date of this notice.

Upon Council’s written satisfaction of the above information, the following conditions of development consent apply:

The reasons for this decision are:

·                The proposed development generally complies with and the Hornsby Local Environmental Plan 2013 and the Hornsby Development Control Plan 2013.

·                The proposed development satisfies the requirements of Clause 101 of State Environmental Planning Policy (Infrastructure) 2007.

·                The proposed development is generally in accordance with the development controls for the Pacific Highway Mount Colah and Asquith Precinct of the Hornsby Development Control Plan 2013 and would contribute to the desired residential character of the precinct, subject to recommended conditions of consent.

·                The proposal would result in a development that would be in keeping with the desired future character of the precinct.

·                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, Linda McClure, Mary-Lynne Taylor, Brian Scarsbrick

AGAINST:         NIL

3                 LPP36/20    Reporting Development Applications for determination by the Hornsby Local Planning Panel over 180 Days

RECOMMENDATION

THAT the contents of LPP Report No. LPP36/20 be received and noted.

VOTING OF THE PANEL MEMBERS

FOR:                Garry Fielding, Linda McClure, Mary-Lynne Taylor, Brian Scarsbrick, Jerome Cox

AGAINST:         Nil