Agenda of Local Planning Panel meeting

LPP Report No. LPP12/21

Local Planning Panel

Date of Meeting: 13/05/2021

1 DA/1566/2014/B - SECTION 4.55 (2) - MULTI-PURPOSE COURT FACILITY ADJOINING THE NORTH-EPPING BOWLING CLUB AND CARPARK UPGRADE - 130, 130A, 130X, 132 AND 2A BOUNDARY ROAD, NORTH EPPING

EXECUTIVE SUMMARY

DA No:	DA/1566/2014/B (9 January 2020)
Description:	Section 4.55(2) application to multi-purpose sports courts and associated car parking and associated car parking development
Property:	Lot 913 DP 752053, Lot 1070 DP 752053, Lot 7304 DP 1131925, Lot 1073 DP 752053 and Lot 1034 DP 752053, Nos.130, 130A, 130X, 132 and 132A Boundary Road, North Epping
Applicant:	North Epping Bowling Club
Owner:	The State of New South Wales - North Epping Bowling and Community Club
Ward:	C

· The application to amend the approved hours of operation of the multi-purpose sports courts was considered by the Local Planning Panel at its meeting held on 16 December 2020. The Panel resolved to defer the determination of the application and requested the submission a Plan of Management to Council.

· The development involves land owned by the Crown, in the care and control of Council. An independent assessment of the development application has been undertaken by Nexus Environmental Planning Pty Ltd.

· Eleven (11) submissions have been received during the exhibition of the revised Operational Plan of Management including 10 objections and 1 letter of support.

· It is recommended that the application be approved.

RECOMMENDATION

THAT pursuant to Section 4.55(2) of the Environmental Planning and Assessment Act 1979, Development Application No. DA/1566/2014 for the use of land at the North Epping Bowling and Community Club for multi-purpose sports courts and associated car parking at Lot 913 DP 752053, Lot 1070 DP 752053, Lot 7304 DP 1131925, Lot 1073 DP 752053 and Lot 1034 DP 752053, Nos.130, 130A, 130X, 132 and 132A Boundary Road, North Epping be amended as detailed in Schedule 1 of LPP Report No. LPP12/21.

ASSESSMENT

In accordance with the referral criteria and procedural requirements for Independent Hearing and Assessment Panels, the assessment of the development application has been referred to an independent town planning consultant as development involves land managed by Council. The report by Nexus Environmental Planning Pty Ltd is held at Attachment 1 of this report.

CONCLUSION

The Section 4.55(2) application seeks to amend condition No. 50 relating to the approved hours of operation.

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

Eleven submissions were received in respect of the notification of the Operational Plan of Management.

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

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 proposed development does not create unreasonable environmental impacts to adjoining development with regard to amenity.

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 Neil Kennan from Nexus Environmental Planning Pty Ltd.

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.⇩	Consultant Supplementary Report
3.⇩	Consultant Report LPP40/20
4.⇩	Operational Plan of Management

File Reference: DA/1566/2014/B

Document Number: D08145121

SCHEDULE 1

Date of this modification:
Details of this modification:	Section 4.55(2) application to modify Condition 50 of Development Consent No. DA/1566/2014.
Conditions Added:	4A, 52A, 52B
Conditions Deleted:	Nil
Conditions Modified:	1, 50, 51(a)

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
LP-01 E	Landscape Plan	Hornsby Shire Council	26/11/2015	D06835758
LP-02 E	Landscape Sections	Hornsby Shire Council	26/11/2015	D06835758
LP-03 E	Sediment Erosion Control/Tree Protection Plan	Hornsby Shire Council	26/11/2015	D06835758
LP-04 E	Sediment Erosion Control Details	Hornsby Shire Council	26/11/2015	D06835758
34.13 Issue 1	Stormwater Management/ Services and Driveway Sections Sheets 1 – 14	Hornsby Shire Council	Received by Council 17/06/2015	D05887518
LIAS_0148_1.01	Lighting Plan	Philips	1/10/2014	D04690971
LIAS_0148_1.02	Lighting Details	Philips	1/10/2014	D04690971

Supporting Documentation:

Document Title	Prepared by	Dated	Council Reference
Statement of Environmental Effects	Key Urban Planning	Nov 2014	D04271466
Geotechnical Investigation and Soil Classification Report	SMEC Testing Services	Oct 2014	D06331781
Noise Impact Assessment	SLR Global Environmental Solutions	13/11/2014	D04271468
Traffic and Car Parking Assessment	GTK Consulting	Nov 2014	D04271467
Addendum to Traffic Report	GTK Consulting	16/04/2015	D05300603
Traffic and Parking Assessment	GTK Consulting	October 2020	D08048127
Noise Impact Assessment	SLR Consulting Australia	22/05/2020	D07965233
North Epping Sports Centre Operational Plan of Management	-	31 March 2021	D08137469

2. Removal of Existing Trees

a) This development consent permits the removal of trees numbered 1, 2, 3, 4, 5, 6 and 10 as identified on plan number LP – 03 Issue E Sediment Erosion Control/Tree Protection Plan prepared by Hornsby Shire Council dated 26/11/2015.

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

3. Construction Certificate

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

b) A separate Construction Certificate must be obtained from Council for all works within the public road reserve under S138 of the Roads Act.

c) A separate Construction Certificate must be obtained from Council for all works within drainage easements vested in Council.

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

4. Project Arborist

A Project Arborist (AQF5 qualified) is to be appointed in accordance with AS 4970-2009 (1.4.4) to oversee installation of trunk protection measures, monitor the integrity of the tree protection methods, record any modifications or alterations to the tree protection zone fencing for the duration of the construction period and provide all required certification throughout the development process. The details of the appointed Arborist are to be provided to Council and the PCA prior to the issue of the construction certificate.

4A. Amendment of Operational Plan of Management

a) The approved Operational Plan of Management dated 31 March 2021 must be amended to include the requirements of Condition No. 50 and the following additional requirements:

i) On Saturday, Sunday and Public Holidays the use of the courts is to cease at 6:00pm with lights out at 6:45pm.

ii) The contact details for complaint management are to include a current mobile phone number.

iii) Spectators are to be limited to the area adjacent to the water tank.

b) A copy of the amended Operational Plan of Management in accordance with Condition 4A must be submitted and written approval provided by Council prior to the commencement of the approved hours of operation

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

5. Building Code of Australia

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

6. Construction Traffic Management Plan

In order to enable unencumbered movement of traffic in the public road during construction works, a Construction Management Plan, including a Traffic Management Plan and scaled construction plans prepared by a suitably Chartered and Qualified Chartered Civil Engineer and Qualified Worksite Traffic Controller shall be prepared and submitted to Hornsby Shire Council for approval according to the following requirements:

a) A copy of the plans shall be submitted for consideration and written approval by Hornsby Shire Council prior to the release of the Construction Certificate.

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

c) The CTMP plans shall be in accordance with the approved Development Application plans and the Development Consent conditions.

d) In order to prevent injury, accident and loss of property, 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.

e) The Plan shall be generally in compliance with the requirements of the Road and Traffic Authority’s “Traffic Control at Worksites Manual 1998” and detailing:

i) Public notification of proposed works.

ii) Long term signage requirements.

iii) Short term (during actual works) signage.

iv) Vehicle Movement Plans, where applicable.

v) Traffic Management Plans.

vi) Pedestrian and Cyclist access and safety.

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

g) The plans shall include the proposed truck routes to and from the site including details of the frequency of truck movements at the different stages of the development. The plan shall also include details of parking arrangements for all employees and contractors.

h) The Applicant and all employees of contractors on the site must obey any direction or notice from Hornsby Shire Council in order to ensure the above.

i) If there is a requirement to obtain a Work Zone, partial Road Closure or Crane Permit an application to Hornsby Shire Council is to be made prior to the issue the Construction Certificate.

7. Traffic Control Plan

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

a) Arrangements for public notification of the works.

b) Temporary construction signage.

c) Permanent post-construction signage.

d) Vehicle movement plans.

e) Traffic management plans.

f) Pedestrian and cyclist access/safety.

8. Footpath

A sealed concrete footpath must be designed along the full frontage of the subject site in Boundary Road from the cul-de-sac end to the driveway for No. 128 Boundary Road, as detailed in the approved plans in accordance Council’s Civil Works Design and Construction Specification 2005 and the following requirements:

a) The land adjoining the footpath to be fully turfed.

b) Any public utility adjustments to be carried out at the cost of the applicant and to the requirements of the relevant public authority.

9. Utility Services

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

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

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

10. Sydney Water – Quick Check

This application must be submitted to a Sydney Water ‘Quick Check Agent’ or ‘Customer Centre’ for approval to determine whether the development would affect any Sydney Water infrastructure, and whether further requirements are to be met.

Note: Refer to www.sydneywater.com.au or telephone 13 20 92 for assistance.

11. Identification of Survey Marks

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

12. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed in accordance with Australian Standards 2890.1, 2890.2, 3727 and the following requirements:

a) The driveway (access crossing) must be a rigid pavement.

b) The internal parking is to be constructed with 45mm Asphalt AC10.

c) The driveway grade is to comply with AS 2890.1 and AS 2890.2.

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

e) A total of 10 bicycle racks are to be marked on the plans. Bicycle parking spaces are to be designed in accordance with AS 2890.3-1993.

13. Pick-up and Drop-off Zone

A “pick-up and drop-off zone” shall be demarcated at the cul-de-sac end of the Boundary Road and submitted for approval prior to the issue of the Construction Certificate.

14. On-Site Stormwater Detention

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

a) Have a capacity of not less than 20 cubic metres, and a maximum discharge (when full) of 16.7 litres per second.

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

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

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

15. Stormwater Drainage

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

a) Connected directly to Council’s street drainage system via the on-site detention tank.

b) The roof and stormwater drainage system from the existing building to be connected to the proposed drainage system.

c) All stormwater from the development site is to be directed to the bio-retention area.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

16. Construction Traffic Management Plan

A document signed by the Principle Building Contractor is to be submitted to Hornsby Council to confirm the following:

a) The specified travel routes in the approved Construction Traffic Management Plan are to be complied with.

b) The details of the truck routes are will be provided to the excavation and concrete contractors.

17. Erection of Construction Sign

A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

a) Showing the name, address and telephone number of the principal certifying authority for the work.

b) 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.

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

Note: Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

18. 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.

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

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

19. Toilet Facilities

Toilet facilities must be available or provided 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. Each toilet must:

a) Be a standard flushing toilet connected to a public sewer.

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

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

20. Erosion and Sediment Control

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

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

21. Tree Protection Barriers

a) Tree protection fencing must be erected around trees numbered T8, T9, T11, T12, T13, T14, T16, T17 & T18 as identified on the approved plan LP - 03 E, to be retained at the nominated Tree Protection Zones (TPZ) listed below:

Tree No.	Tree Protection Zone
T8, T11, T12, T14, T18	7m
T13, T16, T17	4m

b) The tree fencing must be contiguous and constructed of 1.8 metre ‘cyclone chainmesh fence’ and must be erected in accordance with AS 4970-2009 (4.3 - Fig.3).

c) Tree fencing for trees T8, T9, T12, T13, & T14 may be repositioned in accordance with Section 4 (AS 4970), under the direction of the Project Arborist.

d) The Project Arborist must submit a certificate to the Principal Certifying Authority (PCA) confirming that all tree protection measures have been installed in accordance with this consent and the specific requirements of Australian Standard Protection of Trees on Development Sites (AS 4970-2009) and the Arborist Report.

22. Bushfire Management – Fence Installation

To ensure the protection of bushland during construction, the applicant must ensure the following:

a) The 1.8-metre-high chain wire fence (or similar) must be installed along the bottom of the western embankment as identified on the approved plans.

b) The fencing must not encroach within the Lane Cove National Park.

c) All machinery must be cleaned of soil and debris before entering the site to prevent the spread of weeds and fungal pathogens.

d) No material stock piles, no changes to soil aeration or hydrological capacity, no preparation of chemicals in adjoining areas, no open cut trenching, no placement of temporary buildings, no parking or movement of machinery, no spillage/disposal of building waste is to occur within the fenced off bushland.

e) The fencing shall allow access gate (with security locks) to allow bushland maintenance or other specific personnel to access environmentally sensitive areas.

f) The fencing must include a ‘NO ENTRY’ signage to inform the purpose of the fence to the construction personnel.

23. Removal of Hollow Bearing Trees

Prior to works commencing in relation to removal of hollow bearing trees the following requirements are to be complied with:

a) The project ecologist must undertake pre-clearance surveys, capture any wildlife from the hollows with traps set at a minimum of two nights and relocate into a nesting box.

b) Trees are to be removed in sections, by a qualified tree surgeon, in the presence of a ‘Wildlife Carers’ organisation to assist in the event of fauna injury.

Note: ‘WIRES’ (Wildlife Rescue) volunteers can be contacted on 8977 3333. ‘Wildlife Services Sydney Metropolitan’ volunteers can be contacted on 9413 4300. Information on animal nesting boxes can be obtained from WIRES, Kalkari Information Centre in Ku-Ring-Gai Chase National Park or Birds Australia www.birdsaustralia.com.au.

REQUIREMENTS DURING CONSTRUCTION

24. Construction Work Hours

All work on site (including demolition and earth works) must only occur between 7am and 5pm Monday to Saturday (unless otherwise approved in writing by Council due to extenuating circumstances). No work is to be undertaken on Sundays or public holidays.

25. Demolition

All demolition work must be carried out in accordance with Australian Standard 2601-2001 The Demolition of Structures and the following requirements:

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

26. Environmental Management

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 by way of implementing appropriate measures to prevent sediment run-off, excessive dust, noise or odour emanating from the site during the construction of the development.

27. Street Sweeping

Street sweeping must be undertaken following sediment tracking from the site along Boundary Road during works and until the site is established.

The street cleaning services must undertake a street ‘scrub and dry’ method of service and not a dry sweeping service that may cause sediment tracking to spread or cause a dust nuisance.

28. Bushland Protection During Construction

To ensure the protection of bushland during construction, the applicant must ensure the following:

a) Maintain the 1.8-metre-high chain wire fence (or similar) along the bottom of the western embankment.

b) No material stock piles, no changes to soil aeration or hydrological capacity, no open cut trenching, no placement of temporary buildings, no parking or movement of machinery, no spillage/disposal of building waste are to occur against the protection fencing.

c) Maintain the signage to inform construction personnel of the purpose of the fence.

Note: Unauthorised access is not permitted within the Lane Cove National Park without consent from the Office of Environment and Heritage.

29. Protection from Soil Pathogens

To protect native flora and fauna from infection and infestation of pathogens and weeds all machinery shall be cleaned of soil and debris before entering the subject site to prevent the spread of weeds and fungal pathogens such as Cinnamon Fungus (Phytophthora cinnamomi) and Chytrid Fungus (Batrachochytrium dendrobatidis).

30. Works Near Trees

a) All required tree protection measures are to be maintained in good condition for the duration of the construction period.

b) All works within the Tree Protection Zones of trees T8, T9, T11, T12, T14, T14, T15 & T16 are to be conducted in accordance with the following conditions:

i) Works must not reduce the useful life expectancy of the tree and be carried out under the direct supervision of the Project Arborist. The Project Arborist must assess the condition of the trees and the growing environment and make recommendations for, and if necessary carry out remedial action to ensure the health and vigour of the trees.

ii) Excavation within the nominated Tree Protection Zones shall be carried out by hand excavation ONLY.

iii) Excavation must not exceed 15% of a TPZ and is to occur at a minimum distance of 3m from the trunk of any tree.

iv) Pruning of tree roots (if required) shall be undertaken as specified in AS 4970-2009 (Sections 3.3.4, 4.5.4 and 4.5.5). A certificate must be submitted by the Project Arborist to the principal certifying authority detailing the methods used to preserve the trees.

v) To ensure longevity of the tree T14, the driveway is to be laid on/above existing grade. The driveway edge must remain at a distance greater than 500mm from the edge of the trunk of any tree.

c) The Project Arborist must submit a certificate to the Principal Certifying Authority (PCA) detailing the methods used to preserve these trees during the course of demolition and construction.

Note: Except as provided above, the applicant is to ensure that no excavation, filling or stockpiling of building materials, parking of vehicles or plant, disposal of cement slurry, waste water or other contaminants occurs within 4 metres of any tree to be retained.

31. Council Property

During construction works, no building materials, waste, machinery or related matter is to be stored on the road or footpath. The public reserve must be kept in a clean, tidy and safe condition at all times.

32. Disturbance of Existing Site

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

33. Landfill

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

a) All fill material imported to the site is to wholly consist of Virgin Excavated Natural Material (VENM) as defined in Schedule 1 of the Protection of the Environment Operations Act 1997 or a material approved under the Department of Environment and Climate Change’s general resource recovery exemption.

34. Excavated Material

All excavated material removed from the site must be classified in accordance with the Department of Environment, Climate Change and Water NSW Waste Classification Guidelines prior to disposal to an approved waste management facility and reported to the principal certifying authority.

35. Asbestos and Soil Contamination

Should the presence of asbestos or soil contamination, not recognised during the application process be identified during works, the applicant must immediately notify the principal certifying authority and Council.

36. Traffic Control Plan Compliance

The development must be carried out in accordance with the submitted Traffic Control Plan (TCP) and the Construction Traffic Management Plan including the truck access routes and parking of construction vehicles.

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

37. Road Works

The following signage is to be installed in relation to the development:

a) “NO STOPPING” signs to be installed at the intersection of Boundary Road and Braidwood Avenue, to create the statutory 10m “No stopping zone”.

b) “NO STOPPING” signs are to be installed at the intersection of Boundary Road and Norfolk Road, to create the statutory 10m “No stopping zone”.

c) “A GIVE WAY sign” and line marking to be installed on Norfolk Road at its intersection with Boundary Road.

d) The frontage of the bus stop on the western side on Norfolk Road (at its intersection with Boundary Road) is to be upgraded to a ‘BUS ZONE’; and

e) “NO PARKING” signs are to be installed at the turning head of the cul-de-sac in Boundary Road.

f) The “PICK-UP” and “DROP-OFF” zone be marked at the cul-de-sac end of Boundary Road.

Note: Installation of the signs requires approval by the Hornsby Local Traffic Committee.

38. Internal Driveway/Vehicular Areas

All car-parking areas are to 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 internal driveway works are to be completed in accordance with Condition 14 of this development consent.

b) All parking spaces and driveways are to be sealed to all weather standards, line marked and signposted.

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

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

39. Damage to Council Assets

Any damage caused to Council’s assets as a result of the construction of the development must be rectified in accordance with Council’s Civil Works Specifications.

40. Creation of Easements

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

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

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

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

41. Retaining Walls

All required retaining walls must be constructed as part of the development. The retaining walls are to be designed by a structural engineer.

42. Final Certification Acoustic Consultant

A final certificate must be provided by the Acoustic Consultant stating that the recommended measures within the Acoustic Report including the 1.8m high acoustic fence identified in the approved plans, have been complied with.

43. External Lighting

All external lighting must be designed and installed in accordance with Australian Standard AS 4282 – Control of the Obtrusive Effects of Outdoor Lighting and the approved Lighting Plan listed in Condition 1 of this development consent. The impact of light spill on to Lane Cove National Park must be minimised. Certification of compliance with the Standard must be obtained from a suitably qualified person.

44. Landscaping

The development area of the adjoining the site must be appropriately landscaped in accordance with the approved Landscape Plan LP – 01 E dated 26/11/2015 listed in Condition 1 of this development consent and the following requirements:

a) Replacement planting locations and species must be in accordance with the approved LP-01 E.

b) Locally native ground cover species must be planted at a density of 3 per square metre, along the top of edge of the western facing embankment that adjoins Lane Cove River National Park.

c) Plantings that fail to survive or do not exhibit normal health and vigour growth characteristics for their species prior to reaching a height greater than three metres (3m), must be replaced at the expense of the property owner.

d) Primary and follow up weed control is to be undertaken prior to planting of tube stock.

e) All environmental and noxious weeds must be removed and suppressed using recognised bush regeneration methods. The works are to be undertaken by a qualified and experienced bush regeneration contractor.

f) A 4.2m high chainmesh fence must be installed on three sides of the proposed court as approved in LP – 01 E, to minimise disturbance to and littering of the Lane Cove National Park.

Note: A certificate from suitably qualified and experienced Horticulturalist is to be submitted to the Principal Certifying Authority stating that all plant stock meet the specifications outlined in ‘Specifying Trees’ (Ross Clark, NATSPEC Books) and that the planting methods are current, professional (best practice) industry standards at the time of planting.

The plant species should be selected and positioned so that at maturity the tree is protected under the Hornsby Development Control Plan 2013.

45. Final Certification

a) The Project Arborist must assess the condition of all trees and the growing environment, where works have been conducted within the nominated tree protection zones, and make recommendations for, and carry out remedial actions where necessary.

b) Following the final inspection and the completion of any remedial works, the Project Arborist must submit a report stating that the completed works have been carried out in compliance with the approved plans and specifications for tree protection as above and AS 4970-2009.

c) A certificate must be provided by a practicing landscape architect, horticulturalist or person with similar qualifications and experience certifying that all required landscaping works have been satisfactorily completed in accordance with the approved landscape plans and the requirements of Condition no. 44.

46. Preservation of Survey Marks

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

47. Construction of Engineering Works

All engineering works including but not be limited to the stormwater works, on-site detention system, water quality treatment system and road works/signage identified in this consent are to be completed and a Compliance Certificate issued prior to the release of the Occupation Certificate.

48. Management of the Site

A “Plan of Management” for the proposed use must be prepared and include (but not be limited to) the following details:

a) The proposed facilities and the timings.

b) Pick-up and drop-off facilities.

c) Hours of use.

d) Emergency contact number when the premise is unstaffed.

e) Requirement for the use of training whistles only.

Note: A copy of the Management Plan is to be submitted to Council prior to the issue of the Occupation certificate.

OPERATIONAL CONDITIONS

49. Car Parking and Deliveries

All car parking must be constructed and operated in accordance with Australian Standard AS 2890.1-2004 Off Street Car Parking and Australian Standard 2890.2-2002 Off Street Commercial and the following requirement:

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

b) All bicycle racks are to be provided and maintained on site.

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.

50. Use of Premises

a) The development approved under this consent is for "Multi‑purpose courts" and not for any other purpose without Council's separate written consent.

b) The facility must at all times be operated in accordance with the North Epping Sports Centre Operational Plan of Management dated 31 March 2021, including any revisions to the Operational Plan of Management as required by legislation and/or as agreed to by Council.

51. Noise

a) All noise generated by as a result of the proposed use of the development when assessed as a Leq, 15 minutes at any affected point on or within any residential premises must not exceed 40 dB(A), Where such noise being emitted to adjacent premises possess tonal, beating or similar characteristics a correction factor of 5dB(A) shall be added to the measured level in accordance with the EPA's Noise Policy for Industry.

b) The use of the premise must be controlled so that any emitted noise is at a level so as not to create an “offensive noise” as defined in the Protection of the Environment Operations Act 1997 to any affected receiver.

c) No amplified music/announcements are permitted.

52. Landscape Establishment

The landscape works must be maintained into the future to ensure the establishment and successful growth of plant material to meet the intent of the landscape design. This must include but not be limited to watering, weeding, replacement of failed plant material and promoting the growth of plants through standard industry practices.

52A. No Parking Signage

The existing 20-metre-long ‘No Parking, 3pm‑9pm Monday to Friday’ zone be modified to 'No Parking' without a time limit on it, subject to approval of the Hornsby Local Traffic Committee.

CONDITIONS OF CONCURRENCE - NSW RURAL FIRE SERVICE

The following conditions of consent are 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.

53. Asset Protection Zones

At the commencement of building works (encompassing the new Multi-Purpose Courts and car park and the upgraded Girl Guides Hall car park) an in perpetuity the entire property up to the site boundaries, shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

Note: The intent of measures is to minimise the risk of bush fire attack and provide protection for emergency services personnel, residents and others assisting firefighting activities.

54. Water and Utilities

Water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

Note: The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building.

55. Access

Public road access from Boundary Road to the new Multi-Purpose Court car park and upgraded Girl Guides Hall car park shall comply with section 4.1.3 (1) of 'Planning for Bush Fire Protection 2006'.

Note: The intent of measures for public roads is to provide safe operational access to structures and water supply for emergency services, while residents are seeking to evacuate from an area.

- END OF CONDITIONS -