Supplementary Agenda of Local Planning Panel meeting

LPP Report No. LPP34/21

Local Planning Panel

Date of Meeting: 27/10/2021

3 ELECTRONIC - DA/471/2021 - USE OF INDUSTRIAL SITE AS DEPOT AND WASTE TRANSFER STATION - 5 BEAUMONT ROAD, MOUNT KURING-GAI

EXECUTIVE SUMMARY

DA No:	DA/471/2021 (Lodged on 14 May 2021)
Description:	Use of industrial site as a depot and a waste transfer station
Property:	Lot 1124 DP 822257, No. 5 Beaumont Road, Mount Kuring-gai
Applicant:	Cleanaway Operations Pty Ltd - Mr Ali Saeedi Cleanaway Operations
Owner:	Hornsby Shire Council
Estimated Value:	$2,226,762
Ward:	A

· The application involves construction of a depot and community recycling facility (waste transfer station) on a vacant industrial lot.

· The site is owned by Council. In accordance with Council’s adopted Policy ‘Proposed Council Developments’ an independent assessment of the development application has been undertaken by Nicola Neil from Octagon Planning Pty Ltd.

· The proposal complies with the relevant development standards and planning instruments including state environmental planning policies, Hornsby Local Environmental Plan 2013 and Hornsby Development Control Plan 2013.

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

· The application is required to be determined by the Hornsby Council Local Planning Panel as the proposal is on land owned by Hornsby Shire Council.

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/471/2021 for a depot and a waste transfer station at Lot 1124 DP822257, No. 5 Beaumont Road, Mount Kuring-gai be approved subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP34/21.

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 the landowner is a Hornsby Shire Council. The report by Octagon Planning is held at Attachment 1 of this report.

CONCLUSION

The application proposes the construction of a depot and community recycling facility (waste transfer station) on a vacant industrial 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 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 the adjoining built and natural environment with regard to trees and vegetation, stormwater, water quality, traffic, noise and waste management.

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 Nicola Neil from Octagon 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 Report
3.⇩	Collated Architectural Plans Listed in Condition 1

File Reference: DA/471/2021

Document Number: D08260342

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, 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*
SW02	Stormwater Management Plan Part A	Neilly Davies Consulting Engineers	17/02/2021
SW03	Stormwater Management Plan Part B	Neilly Davies Consulting Engineers	17/02/2021
MNT-DA01(B)	Location Plan	Cleanaway	20/08/2021
MNT-DA02(A)	Existing Site Plan	Cleanaway	26/03/2021
MNT-DA03(C)	Proposed Site Plan	Cleanaway	26/08/2021
MNT-1.04(C)	Floor Plan, Roof Plan	Cleanaway	26/08/2021
MNT-1.05(B)	Section, Elevations	Cleanaway	20/08/2021
MNT-1.06(A)	Demountables	Cleanaway	26/03/2021
MNT-1.07(A)	Signage Schedule	Cleanaway	26/03/2021

*Document Title*	*Prepared by*	*Dated*	*Council Reference*
Arboricultural Impact Assessment Report Ref: 201117-5 Beaumont-AIA	Urban Arbor	17 November 2020	D08168264
Transport for New South Wales Correspondence SYD21/00674/01	Transport for New South Wales	21 June 2021	D08208977
NSW Rural Fire Service Correspondence A20210526002115-Original-1	NSW Rural Fire Service	15 June 2021	D08187209
Targeted Environmental Site Assessment	ADE Consulting Group	3 September 2021	D08245383
Stormwater Quality Analysis Ref J200117 rev A	Neilly Davies	3 February 2021	D08245376

2. Amendment of Plans

a) To minimise the exposure risk to potential soil contaminants not identified during the application process, the approved “Proposed Site Plan” (Plan No. MNT-DA03(C)) must be amended to show a continuation of the existing concrete hardstand above the areas of exposed soil/earth in vicinity of the approved demountable buildings and staff out-door area in the north-eastern part of the development site.

b) The existing concrete hardstand must be continued to the base of the chain-wire mesh fence along the eastern and north-eastern perimeters of the development site.

c) The approved “Proposed Site Plan” (Plan No. MNT-DA03(C)) must be amended to remove the reference to the demolished septic tank, as sewerage requirements will be determined at Construction Certificate stage.

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

3. Removal of Trees

a) This development consent permits the removal of 3 trees numbered Tree 1, Tree 2 and Tree 22 as identified in the Arboricultural Impact Assessment Report ref: 201117-5 Beaumont-AIA, prepared by Urban Arbor dated 17 November 2020.

b) No consent is granted for the removal of any other trees.

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.

4. Section 7.12 Development Contributions

a) In accordance with Section 4.17(1) of the Environmental Planning and Assessment Act 1979 and the Hornsby Shire Council Section 7.12 Development Contributions Plan 2019-2029, $22,267.60 must be paid towards the provision, extension or augmentation of public amenities or public services, based on development costs of $2,226,762.

b) The value of this contribution is current as of 19/07/2021 If the contributions are not paid within the financial quarter that this consent is granted, the contributions payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 7.12 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$C_PY	=			$C_DC x CPI_PY
				CPI_DC

Where:

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

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

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

CPI_DC is the Consumer Price Index (Sydney – All Groups) for the financial quarter at the date of this Development Consent.

c) The monetary contributions shall 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.

Note: In accordance with Ministerial Directions, the payment of contribution fees for development with a cost of works of over $10 million can be deferred to prior to Occupation Certificate.

Note: The Hornsby Shire Council Section 7.12 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.

5. Construction Certificate

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

b) The Construction Certificate plans must be consistent with the Development Consent plans.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

6. Appointment of a Project Arborist

a) To ensure the trees that must be retained are protected, a project arborist with AQF Level 5 qualifications must be appointed to assist in ensuring compliance with the conditions of consent and provide monitoring reports as specified by the conditions of consent.

b) Details of the appointed project arborist must be submitted to Council and the PCA with the application for the construction certificate/subdivision works certificate.

7. 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.

8. Sydney Water – Approval

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

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

9. Car Parking and Deliveries

All car parking must be designed, constructed and operated in accordance with Australian Standard AS 2890.1-2004 Off Street Car Parking and Australian Standard AS2890.2-2002 Off Street Commercial and the following requirement:

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

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

c) Vehicles awaiting loading, unloading or servicing must 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 must be made in a forward direction.

10. Identification of Survey Marks

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

11. Stormwater Drainage

The stormwater drainage system for the development must be designed in accordance with AUS-SPEC Specifications (www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-conditions) and the following requirements:

a) An internal stormwater drainage system to service the proposed industrial development with pits being cast in situ or pre-cast concrete pits being used. Drainage will be discharged into an existing sedimentation basin via a bioretention swale. Any overflow is discharged to the southern corner of the property.

12. Water Sensitive Urban Design

A Water Sensitive Urban Design (WSUD) is to be constructed generally in accordance with the Stormwater quality analysis report (Ref J200117 rev A) and Proposed stormwater design for alterations & addition at 5 Beaumont Rd Mt Kuring-gai plans (J200117 rev B) prepared by Neilly Davies & Partners. The Water Quality Targets as detailed within the report and Hornsby Development Control Plan 2013 (1C.1.2) are to be achieved in the design and supported by a MUISC-link validation report & MUSIC model.

13. Internal Driveway/Vehicular Areas

The driveway and parking areas on site must be designed, constructed and a Construction Certificate issued in accordance with Australian Standards AS2890.2, AS2890.6, AS3727 and the following requirements:

a) The driveway be a rigid pavement.

b) Longitudinal sections along the widened access driveway shall be submitted to the principal certifying authority in accordance with the relevant sections of AS2890.2. The maximum grade shall not exceed 15.4% with the maximum changes of grade of 6.25% in 7m of travel for vehicle not exceeding HRV.

14. Environmental Management Plan (Potential Unidentified Contamination)

a) To appropriately manage the risk associated with the potential for unidentified land contamination to be present beneath hardstand areas on the subject premises, a separate Environmental Management Plan (EMP) must be prepared by a certified consultant as recognised under the Certified Environmental Practitioners Scheme - Site Contamination (CEnvP (SC)) or the Certified Professional Soil Scientist Contaminated Site Assessment and Management (CPSS CSAM) certification and submitted to Council’s Compliance Team via Council’s Online Services Portal for review and approval prior to issue of a construction certificate.

b) The EMP must consider and include appropriate management strategies to address the exposure risk to construction / utility workers involved in excavation and construction works at the site and to future site users, including staff and maintenance contractors. The EMP shall further include the following information:

i) Strategies to restrict human access below existing and proposed hardstand areas, including maintenance requirements for hardstand areas and related considerations.

ii) Procedures when undertaking necessary subsurface works below hardstand areas, including an Unexpected Finds Protocol incorporating a statement verifying that, should the presence of asbestos or indicators of soil contamination be identified during construction or operation of the development, the applicant must immediately notify Hornsby Shire Council.

c) The EMP must be lodged via Council’s Online Services Portal at: https://eservices.hornsby.nsw.gov.au/ePathway/Hornsby/Web/# and by selecting the following menu options: Applications > New Application > (under ‘Application Types’) Management Plans.

15. Construction Management Plan

To assist in the protection of the public, the environment and Council’s assets, a separate Construction Management Plan (CMP) must be prepared by a suitably qualified environmental consultant in consultation with a qualified traffic engineer and AQF Level 5 arborist and submitted to Council’s Compliance Team via Council’s Online Services Portal for review and approval. The CMP must include the following details:

a) A Construction Traffic Management Plan (CTMP) prepared by a qualified traffic engineer in compliance with the requirements of the Roads and Maritime Services Traffic control at work sites Manual 2018 that is consistent with all other required CMP and approved plans and includes the following:

i) The order of construction works and arrangement of all construction machines and vehicles on site during all stages.

ii) Swept path analysis for ingress and egress of the site for all stages of works, including: demolition; earthworks; construction, and post-construction fit-out/landscaping (also see Item b)i) .

iii) Traffic controls including those used during non-working hours.

iv) Pedestrian and cyclist access and safety, demonstrating that two-way traffic in the public road will at all-time be facilitated.

v) 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 how this will be achieved.

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

vii) A schedule of maximum truck movements on any given day and during peak commuter periods for all stages of works, as follows:

Stage	Max. number of trucks/ day	Vehicle type/s i.e., SRV, MRV, HRV	Largest vehicle type and length (m)	Time-frame
Demolition
Earthworks
Construction
Fit-out/ landscaping

Period	Construction stage	No. trucks/ period	Vehicle type/s during period	Largest vehicle type and length (m)
Morning peak commuter period: _____ AM to _____AM	Demolition
	Earthworks
	Construction
	Fit-out/ landscaping.
Afternoon / evening peak commuter period: ___ PM to ___ PM	Demolition
	Earthworks
	Construction
	Fit-out/ landscaping

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

ix) The CTMP must include statements confirming the following:

a. Building materials, work sheds, vehicles, machines and the like will not be allowed to remain in the road reserve area without the written consent of Hornsby Shire Council.

b. An application to Hornsby Shire Council will be made to obtain any required partial Road Closure, Work Zone (if permitted) and Crane Permits. The Plan must detail these requirements.

c. All vehicles will enter and leave the site in a forward direction and that all demolition and construction vehicles will be contained wholly within the site.

d. A street ‘scrub and dry’ ‘street-sweeping’ service will be in operation to remove sediment tracked by vehicle from the site during all stages of works.

e. 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 to ensure compliance with the approved CTMP.

b) A Construction Management Site Plan including separate site management plans for each stage of works (demolition, excavation, construction and post-construction fit-out / landscaping works), showing the following:

i) Site sheds, concrete pump and crane locations, unloading and loading areas, waste and storage areas, ablutions facilities, existing survey marks, vehicle entry/exit and turning areas (shown as swept path diagrams), surrounding pedestrian footpaths and proposed hoarding (fencing) locations.

ii) Tree protection zones (TPZ) and structural root zones (SRZ) of trees required to be retained, inclusive of distances in metres, and details of the site-specific tree protection measures to be implemented as designed by an AQF Level 5 arborist.

iii) Sediment and erosion control measures to be implemented.

c) A Construction Waste Management Plan detailing the following:

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

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) including an assessment of existing ambient noise and vibration levels within the vicinity of the site and detailing:

i) The maximum level of noise and vibration predicted to be emitted during each stage of works and predicted noise levels at nearby sensitive receivers.

ii) Details of the site-specific noise and vibration mitigation measures that will be utilised at each stage of works to meet acoustic standards and guidelines with reference to the Interim Construction Noise Guideline (State Government, 2009).

iii) Details of a complaints handling process for all stages of works including a statement that records of any such complaints, including details of any actions taken in response, will be maintained and provided to Hornsby Shire Council upon request.

e) Contact information for developers, builder, private certifier and any emergency details during and outside work hours.

The CMP must be lodged via Council’s Online Services Portal at: https://eservices.hornsby.nsw.gov.au/ePathway/Hornsby/Web/# and by selecting the following menu options: Applications > New Application > (under ‘Application Types’) Management Plans.

16. Oil/ Water Separator

To ensure wastewater generated by the development is adequately treated prior to discharge off-site, a report prepared by a suitably qualified wastewater engineer/consultant must be submitted to the Principal Certifying Authority for their review and approval prior to issue of a construction certificate detailing the design and specifications of an Oil/Water Separator system to service the approved development. The report must:

a) Indicate the type, capacity and location of the Oil/Water Separator mechanism to be used for the site and details of any pre-treatment devices.

b) Include plans showing any pipe work to be connected to the Oil/Water Separator system.

c) Detail the specifications of a bunded area sized to hold a minimum volume equivalent to 110% of separator capacity.

d) Demonstrate that, when installed, the Oil/Water Separator system will be capable of pre-treating wastewater to the standards imposed by Sydney Water, prior to discharge from the site to sewer.

e) Details on maintenance and cleaning requirements and an adequate maintenance regime for the system.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

17. Erection of Construction Sign

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

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

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

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

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

18. Protection of Adjoining Areas

A 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.

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.

19. Installation of Tree Protection Measures

a) Trees to be retained must have tree protection measures for the ground, trunk and canopy installed by the project arborist in accordance with the Tree Protection Requirements outlined in Section 11 of the Arboricultural Impact Assessment Report, prepared by Urban Arbor, dated 17 November 2020.

b) The installation of all required tree protection fencing must include shade cloth attached to the fencing to reduce transport of dust, particulates and liquids from entering the tree protection zone.

c) To ensure that all tree protection measures are correctly installed, a certificate from the appointed project arborist must be submitted to the Principal Certifying Authority confirming compliance with the tree protection requirements of this consent.

20. 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.

21. Erosion and Sediment Control

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

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

22. 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.

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

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

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

REQUIREMENTS DURING DEMOLITION AND CONSTRUCTION

23. 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.

24. Demolition

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

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

b) Demolition works, where asbestos material is being removed, must be undertaken by a contractor that holds an appropriate licence issued by 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.

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

25. Works within Tree Protection Zones

a) Any required root pruning must be undertaken in accordance with the relevant requirements of Australian Standard AS4970-2009 Protection of Trees on Development Sites - Sections 3.3.4, 4.5.4 and 4.5.5.

b) Any necessary excavations within the Tree Protection Zone of trees to be retained, must be undertaken using construction techniques as prescribed in the Australian Standard AS4970-2009 Protection of Trees on Development Sites Section 4.5.5 and be supervised by the project arborist.

c) Any necessary excavation within any tree protection zones must be undertaken by sensitive methods such as pneumatic or by hand as prescribed in AS4970-2007 Sections 4.5.5.

d) Existing grade must be retained within the TPZ of all trees being retained unless specifically nominated for alteration on the approved plans.

26. 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.

27. Street Sweeping

During works and until exposed ground surfaces across the site have been stabilised, street sweeping must be undertaken following sediment tracking from the site.

The street cleaning service must utilise a ‘scrub and dry’ method and be undertaken for the full extent of any sediment tracking.

28. Compliance with Environmental Management Plan (Potential Unidentified Contamination)

The Environmental Management Plan, as required by this consent and approved by Council, must be complied with all times during works unless otherwise approved by Council.

29. Compliance with Construction Management Plan

The Council approved Construction Management Plan must be complied with for the duration of works, unless otherwise approved by Council.

30. Council Property – Road Reserve

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.

31. 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.

32. Landfill not Permitted

The importation of fill material associated with earthworks, or structural or engineering works, is not permitted as part of this consent.

33. Excavated Material

Any excavated material removed from the site must be classified by a suitably qualified environmental consultant in accordance with the NSW Environment Protection Authority’s Waste Classification Guidelines and Protection of the Environment Operations (Waste) Regulation 2014 prior to disposal to a licensed waste management facility. Tipping dockets for the total volume of excavated material that are received from the licensed waste management facility must be provided to the principal certifying authority prior to the issue of an Occupation Certificate.

34. Unexpected Finds

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

35. 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 SafeWork 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 weighbridge 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.

36. Prohibited Actions within the Fenced Tree Protection Zone

The following activities are prohibited within the approved fenced tree protection zones unless otherwise approved by Council:

a) Soil cutting or filling, including excavation and trenching.

b) Soil cultivation, disturbance or compaction.

c) Stockpiling storage or mixing of materials.

d) The parking, storing, washing and repairing of tools, equipment and machinery.

e) The disposal of liquids and refuelling.

f) The disposal of building materials.

g) The siting of offices or sheds.

h) Any action leading to the impact on tree health or structure.

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

37. Certification of WSUD Facilities

Prior to the issue of an Occupation Certificate a certificate from a Civil Engineer is to be obtained stating that the WSUD facilities have been constructed and will meet the water quality targets as specified in the Hornsby Development Control Plan 2013.

38. 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 bioretention swale and sedimentation basin, within the area in favour of Council in accordance with Council’s prescribed wording. The position of the bioretention swale and sedimentation basin is to be clearly indicated on the title.

b) To register the positive covenant restriction, the restriction on the use of land “works-as-executed” details of the bioretention swale and sedimentation basin must be submitted verifying work have been constructed in accordance with the design requirements. The details must show the levels together with dimensions 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.

39. Litter and Illegal Dumping Management

A Litter and Illegal Dumping Management Plan must be submitted to Council for approval prior to the issue of any Occupation Certificate. The Litter and Illegal Dumping Management Plan must include mitigation (including but not limited to daily litter picking patrols and removal of illegally dumped material) and prevention strategies (including but not limited to security cameras) and must cover both the subject site and adjacent land.

Note: The Litter and Illegal Dumping Management Plan can be sent to Council via email via hsc@hornsby.nsw.gov.au with attention to the Waste Management team.

40. 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.

41. External Lighting

a) To protect the amenity of adjacent premises, all external lighting must be designed and installed in accordance with Australian Standard AS4282 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.

42. Wastewater Connection to Sydney Water

All Wastewater generated on site including waste from amenities buildings, truck washing operations, and waste water from the oil / water separator must be connected to Sydney Water’s sewerage system.

43. 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”.

44. Replacement Tree Requirements

To maintain local canopy cover, trees approved for removal under this consent must be offset through replacement planting of a minimum of 4 trees.

a) All replacement plantings must be species Indigenous to the Hornsby Shire.

b) Location and Size of Plantings

i) All replacement trees must be located 4 metres or greater from the foundation walls of the approved development.

ii) The pot size of the replacement tree(s) must be a minimum 25 litres.

iii) All replacement tree(s) must be maintained until they reach the height of 3 metres.

iv) All replacement trees must have the potential to reach a mature height greater than 8 metres.

v) All tree stock must meet the specifications outlined in ‘Specifying Trees’ by Ross Clark, (Publisher NATSPEC Books).

vi) Planting methods must meet professional (best practice) industry standards.

45. Final Certification Arborist

a) A suitably qualified person holding a certificate III in Horticulture must submit to the principal certifying authority a Statement/or/Certification confirming all Tree Replacement plantings required by this consent have been adequately established.

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

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

Note: Copies of monitoring documentation may be required.

46. Asbestos Clearance Certificate

Should any asbestos be encountered during demolition or construction works, a licenced asbestos assessor is required to provide a Clearance Certificate to the Certifier prior to the issue of an Occupation Certificate, certifying that the asbestos has been removed and appropriately disposed of, and the site is now suitable for its approved use.

47. Submission of Excavated Material Tipping Dockets to Principal Certifying Authority

Tipping dockets for the total volume of excavated material that are received from the licensed waste facility must be provided to the Principal Certifying Authority prior to the issue of an Occupation Certificate.

48. Environmental Management and Protection

To protect the water quality of the downstream environment and provide for appropriate environmental management during operation of the development, the following requirements must be implemented prior to the issue of an Occupation Certificate:

a) The Oil/Water Separator system designed and certified by a suitably qualified person and approved by the Principal Certifying Authority must be installed to service the development. The approved Oil/Water Separator shall be connected via Trade Waste Agreement to Sydney Water’s sewerage system in accordance with Sydney Water’s requirements.

b) Waste water from the truck wash shall be directed to the approved Oil/Water Separator system.

c) Designated chemical, fuel and oil storage areas must be provided within the Work shop + Bin store building that:

i) Have impervious flooring/base.

ii) Are contained within a bunded area of sufficient capacity to hold 110% of the largest vessel stored within the bund.

iii) Are designed and installed in accordance with pages 40–44 of the Department of Environment and Climate Change NSW’s document titled: Storing and Handling Liquids: Environmental Protections, Participants Manual, May 2007.

d) The floor of the Work shop + Bin store building must be appropriately sealed and bunded to prevent spills within the workshop area discharging from the building.

e) Clearly labelled and appropriately stocked spill kits must be provided within the Work shop + Bin store building to ensure personnel can readily access spill containment and clean-up equipment and materials in the event of any spill. Spill kits must be clearly distinguishable from any other bin/s to be kept within the Work shop + Bin store building.

f) All drains on the development site that connect to the stormwater system must clearly be marked ‘stormwater drain’ to increase awareness of the pollution risk and enable immediate identification and efficient response in the event of a spill or pollution incident.

g) The ‘Resident Recycling Dropoff’ area shall be located over a sealed hardstand area that is appropriately bunded to provide adequate containment of waste substances in the event of any spills.

49. Waste Management Details

The following waste management requirements must be complied with:

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

i) A comparison of the estimated quantities of each demolition and construction 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 demolition and construction waste was taken to site(s) that were lawfully permitted to accept that waste.

b) Space is to be allocated inside each demountable building for the interim storage of waste, with two separate 15-240 litre containers installed, one each for garbage and recyclable materials.

50. Certification of RFS Requirements

A Certificate prepared by a BPAD accredited Bushfire Consultant is to be provided to the Principal Certifying Authority (PCA) certifying the completion of all works required by the NSW RFS conditions of concurrence prior to the issue of the Occupation Certificate.

OPERATIONAL CONDITIONS

51. Use of Premises

a) The development approved under this consent shall be used for a depot and a waste transfer station and not for any other purpose without Council’s separate written consent.

b) The waste transfer station approved under this consent must not process any more than 6000 Tonne of waste in any 12-month period.

52. Ongoing Protection of Bushland

The natural bushland areas of the site must remain undisturbed and be protected in perpetuity in accordance with the following requirements:

a) The bushland area is to be fenced off with post and wire (or similar) fencing to prevent vehicular access.

b) The bushland area is to be kept free of noxious weeds using recognised bush regeneration methods in accordance with ‘Recovering bushland on the Cumberland Plain: Best practice guidelines for the management and restoration of bushland – Department of Conservation 2005’.

c) Machinery and fertilizer must not be used in the bushland area for maintenance purposes.

53. Vegetation Maintenance

Vegetation, landscaping and fencing must be maintained in a manner that does not restrict sightlines for any vehicle entering or existing the site.

54. Waste Management – Ongoing Operations

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

a) There must be a sufficient number of bins on site to contain the volume of waste and recycling expected to be generated between collection services.

b) Adequate signage is to be provided and maintained on how to use the waste management system and what materials are acceptable for recycling within all waste storage areas of the development. Signage is also to be provided and maintained which clearly identifies which bins (and containers) are to be used for general waste and recycling and what materials can be placed in each bin.

c) All surfaces trafficable by the waste collection vehicles must be kept in good and substantial repair.

d) The tenant must ensure that the approved Litter and Illegal Dumping Management Plan is effectively implemented. Sufficient resources must be provided for the management of litter and illegally dumped material both on and off site, to be carried out to a satisfactory standard.

55. Operation of Waste Transfer Facility

a) Approval for operation of a Waste Transfer Facility at the above premises applies only to the collection, handling and temporary storage on-site of waste deposited by the community within the designated ‘Resident Recycling Dropoff’ location as shown on the approved site plan.

b) No waste is to be stored in any vehicles parked overnight on the premises, with exception of waste collected from the designated ‘Resident Recycling Dropoff’ location and awaiting off-site transfer to an approved resource recovery facility.

c) The premises must not be used to carry out an activity declared to be a scheduled activity in accordance with Schedule 1 of the Protection of the Environment Operations Act 1997.

56. Hours of Operation Workshop and Truck Wash

The hours of operation of the Workshop and Truck wash are restricted to:

a) 7am to 10pm, daily.

b) Anytime, upon Hornsby Shire Council’s written confirmation that an acoustic report prepared by a suitably qualified Acoustic Consultant and member of the Association of Australasian Acoustical Consultants has been submitted to the Council, demonstrating to Council’s satisfaction that operation of the workshop and truck wash will not cause a sound pressure level (measured as the LAeq,15 minute) that exceeds 38dB(A) any time between 10pm and 7am (8am on Sunday), assessed at the reasonably most-affected residence(s).

c) Terms used in this condition have the same meaning as in the NSW Environment Protection Authority’s Noise Policy for Industry (“the NSW EPA’s Noise Policy for Industry”) current at the time of this consent.

d) The above emission limits include any corrections for audible characteristics in accordance with the NSW EPA’s Noise Policy for Industry.

57. Noise - Operational

All noise generated by the development must be suitably attenuated to comply with the following criteria:

a) Operation of the development must not cause a sound pressure level (measured as the LAeq, 15 minute) at any reasonably most-affected residence(s) that exceeds:

i) 38dB(A), between 10pm and 7am (8am on Sunday).

ii) The background level (measured as the LA90,15 minutesin the absence of the noise under consideration) by more than 5dB(A), between 7am and 10pm (8am on Sunday).

b) The above emission limits include any corrections for audible characteristics in accordance with the NSW EPA’s Noise Policy for Industry.

c) Terms used in this condition have the same meaning as in the NSW Environment Protection Authority’s Noise Policy for Industry.

58. Comply with Environmental Management Plan (Potential Unidentified Contamination)

a) The Environmental Management Plan required by this consent and as approved by Council must be complied with all times unless otherwise approved by Council. Changes to the approved Environmental Management Plan must not be made without the written consent of Council.

b) A copy of the approved Environmental Management Plan must be kept on site and at all-times be available to personnel and contractors.

59. Environmental Management and Protection – Ongoing

a) Environmental management and protection measures provided to the development as specified by this consent must all-times be maintained in effective working order.

b) Service/maintenance works to vehicles must only be carried out within the Work shop + Bin store building.

c) All bins, chemicals/hazardous substances and vehicle parts must be stored within the Work shop + Bin store building.

CONDITIONS OF CONCURRENCE - TRANSPORT FOR NEW SOUTH WALES

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.

60. TfNSW Condition 1

TfNSW has previously resumed and dedicated a strip of land as road along the Pacific Highway frontage of the subject property, as shown by grey colour on the attached Aerial – “X”. All buildings and structures (including signage), together with any improvements integral to the future use of the site are wholly within the freehold property (unlimited in height or depth), along Pacific Highway boundary.

CONDITIONS OF CONCURRENCE - NSW RURAL FIRE SERVICE

61. Asset Protection Zones

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. To achieve this, the following conditions shall apply:

a) From the start of building works, and in perpetuity to ensure ongoing protection from the impact of bush fires, the entire property must be managed as an inner protection area (IPA) in accordance with the requirements of Appendix 4 of Planning for Bush Fire Protection 2019. When establishing and maintaining an IPA the following requirements apply:

i) Tree canopy cover should be less than 15% at maturity.

ii) Trees at maturity should not touch or overhang the building.

iii) Lower limbs should be removed up to a height of 2 metres above the ground.

iv) Tree canopies should be separated by 2 to 5 metres.

v) Preference should be given to smooth barked and evergreen trees.

vi) Large discontinuities or gaps in vegetation should be provided to slow down or break the progress of fire towards buildings.

vii) Shrubs should not be located under trees.

viii) Shrubs should not form more than 10% ground cover.

ix) Clumps of shrubs should be separated from exposed windows and doors by a distance of at least twice the height of the vegetation.

x) Grass should be kept mown (as a guide grass should be kept to no more than 100 mm in height).

xi) Leaves and vegetation debris should be removed.

62. Construction Standards

a) New construction of proposed Workshop and Bin Store, office block, amenities block, and lunch room must be undertaken using non-combustible materials.

b) The proposed Workshop and Bin Store, office block, amenities block, and lunch room must provide 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.

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

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).

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.

Telecommunications Act 1997 (Commonwealth)

If you are aware of any works or proposed works which may affect or impact on Telstra’s assets in any way, you are required to contact: Telstra’s Network Integrity Team on Phone Number 1800810443.

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.

DA No:	DA/56/2021 (Lodged on 21/01/2021)
Description:	Group Home
Property:	Lot E DP350516, No. 11 Denman Parade, Normanhurst
Applicant:	Ms Mihoko Mitani
Owner:	Ms Mihoko Mitani
Estimated Value:	$1,337,720
Ward:	B