Agenda of Local Planning Panel meeting - Wednesday, 30 November 2022

LPP Report No. LPP62/22

Local Planning Panel

Date of Meeting: 30/11/2022

1 DA/431/2022 - DEMOLITION OF STRUCTURES AND TORRENS TITLE SUBDIVISION OF 2 LOTS INTO 6 - 127 & 127A BOUNDARY ROAD, NORTH EPPING

EXECUTIVE SUMMARY

DA No:	DA/431/2022 (Lodged on 2 May 2022)
Description:	Demolition of structures, Torrens title subdivision of 2 lots into 6 lots and road widening as a staged development
Property:	Lots O & N DP 28986, No. 127 & 127A Boundary Road, North Epping
Applicant:	Group Development Services Pty Ltd
Owner:	Mrs Katrina Louise Collins
Estimated Value:	$240,000
Ward:	C Ward

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

· A total of 12 submissions, including a letter signed by 9 parties, have been received in respect of the original application. The re-notification of the amended application received a total of 3 submissions, plus a petition signed by landowners of 9 properties in Walker Place and Boundary Road.

· As the proposal involves the dedication of land for road widening in Walker Place, an independent assessment of the application has been undertaken by Landmark Planning Pty Ltd In accordance with Council’s adopted Policy ‘Proposed Council Developments’.

· The application is required to be determined by the Hornsby Council Local Planning Panel as the proposal involves dedication of land to Council and 10 or more unique submissions were received by way of objection.

RECOMMENDATION

THAT Hornsby Shire Local Planning Panel assume the concurrence of the Secretary of the Department of Planning and Environment pursuant to Clause 4.6 of the Hornsby Local Environmental Plan 2013 and approve Development Application No. DA/431/2022 for the demolition of structures, Torrens title subdivision of 2 lots into 6 lots and road widening as a staged development at Lots O & N DP 28986, Nos. 127 & 127A Boundary Road, North Epping, subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP62/22.

ASSESSMENT

In accordance with the referral criteria and procedural requirements for Local Planning Panels, the assessment of the development application has been referred to an independent town planning consultant as Hornsby Shire Council has a financial interest in the proposed development. The report by Landmark Planning Pty Ltd is held at Attachment 1 of this report.

CONCLUSION

The application proposes the demolition of structures, Torrens title subdivision of 2 lots into 6 lots and the dedication of land to Council.

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

Council received a total of 15 submissions, plus a petition, during the two public notification period. The matters raised have been addressed in the body of the report and the issues do not warrant amendments to the proposal.

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

The reasons for this decision are:

· The request under Clause 4.6 of Hornsby Local Environmental Plan 2013 to contravene the minimum lot size development standard is well founded. Strict compliance with the development standard is considered unreasonable and unnecessary in the circumstances of the case and sufficient environmental planning grounds have been submitted to justify the contravention to the development standard.

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

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

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 Donna Clarke, an independent consultant from Landmark 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.	Independent Consultant Report
2.	Locality Plan
3.	Clause 4.6
4.	Plan of Subdivision
5.	Engineering Plans
6.	Plan of Constraints

File Reference: DA/431/2022

Document Number: D08505161

SCHEDULE 1

CONDITIONS APPLICABLE TO BOTH STAGES

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:

Approved Plans

*Plan No.*	*Plan Title*	*Drawn by*	*Dated*	*Council Reference*
P00430-SK001 Rev D	Lot Layout	Group Development Services Pty Ltd	28/9/22
P00430-SK002 Rev A	Lot Layout	Group Development Services Pty Ltd	28/9/22
P00430-SK003 Rev A	Lot Layout	Group Development Services Pty Ltd	28/9/22
P00430-SK004 Rev D	Lot Layout - Constraints	Group Development Services Pty Ltd	28/9/22
001 Rev C	Cover Sheet	Group Development Services Pty Ltd	12/10/22
002 Rev C	Site Locality Plan	Group Development Services Pty Ltd	12/10/22
100 Rev C	Plan of Subdivision	Group Development Services Pty Ltd	12/10/22
200 Rev C	Road Layout Plan	Group Development Services Pty Ltd	12/10/22
210 Rev C	Road Details	Group Development Services Pty Ltd	12/10/22
300 Rev C	Stormwater Drainage Plan	Group Development Services Pty Ltd	12/10/22
301 Rev C	Stormwater Catchment Plan	Group Development Services Pty Ltd	12/10/22
302 Rev C	Stormwater Longitudinal Sections	Group Development Services Pty Ltd	12/10/22
500 Rev C	Vehicle Turning Movements	Group Development Services Pty Ltd	12/10/22
600 Rev C	Tree Removal Plan	Group Development Services Pty Ltd	12/10/22
601 Rev C	Tree Protection Details	Group Development Services Pty Ltd	12/10/22
602 Rev C	Demolition Plan	Group Development Services Pty Ltd	12/10/22
700 Rev C	Soil and Water Management Plan	Group Development Services Pty Ltd	12/10/22
701 Rev C	Soil and Water Management Details	Group Development Services Pty Ltd	12/10/22
Section 7.5, Page 24, Map B of the AIA	Tree Management Plan	McArdle Arboricultural Consultancy	17/10/22

Supporting Documentation

*Document Title*	*Prepared by*	*Dated*	*Council Reference*
Waste Management Plan	Unknown	Undated	D08401631
Arboricultural Impact Assessment	McArdle Arboricultural Consultancy	17/10/22	D08514503

2. Construction Certificate

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

b) A separate Section 138 Roads Act Approval must be obtained from Council for all works within the public road reserve.

c) The Subdivision Works Certificate plans must be consistent with the Development Consent plans.

3. Section 7.11 Development Contributions

a) In accordance with Section 4.17(1) of the Environmental Planning and Assessment Act 1979 and the Hornsby Shire Council Section 7.11 Development Contributions Plan 2020-2030, the following monetary contributions must be paid to Council to cater for the increased demand for community infrastructure resulting from the development:

Description	Contribution (4)
Roads	$5,826.35
Open Space and Recreation	$45,655.80
Community Facilities	$28,119.80
Plan Preparation and Administration	$398.00
TOTAL	$79,999.95

being for an additional 4 lots.

b) The value of this contribution is current as of 7 November 2022. If the contribution is not paid within the financial quarter that this condition was generated, the contribution payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 7.11 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 applicable in this Development Consent Condition.

c) The monetary contribution must be paid to Council:

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

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

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

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

4. 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 the PCA with the application for the construction certificate.

5. Removal of Trees

a) This development consent permits the removal of trees numbered 1, 2, 3, 4, 5, 6, 8, 9, 10, 11a, 11b, 11c, 12, 13, 14, 15, 28, 31 and 32 as identified in the approved Tree Management Plan within the Arborist Impact Assessment (AIA) prepared by McArdle Arboricultural Consultancy, dated 17 October 2022.

b) No consent is granted for the removal of trees numbered 16, 17, 19, 20, 21, 22, 23, 24a, 24b, 25, 26, 27, 29, and 30 as these trees contribute to the established landscape amenity of the area/streetscape.

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 (HDCP).

6. Tree Pruning

This development consent does not permit the pruning of any trees.

Note: The pruning 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 (HDCP).

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION WORKS CERTIFICATE

7. 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.

8. Construction Management Plan (CMP)

To assist in the protection of the public, the environment and Council’s assets, a separate Construction Management Plan must be prepared by a suitably qualified environmental consultant in consultation with a qualified traffic engineer and AQF 5 arborist, and submitted to Council’s Compliance Team at

https://www.hornsby.nsw.gov.au/property/build/applicationforms for review and approval according to the following requirements:

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

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

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

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

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

iv) The Plan shall be in compliance with the requirements of the Roads and Maritime Services Traffic control at work sites Manual 2018 and detail:

a. Public notification of proposed works.

b. Long term signage requirements.

c. Short term (during actual works) signage.

d. Vehicle Movement Plans, where applicable.

e. Traffic Management Plans.

f. Pedestrian and Cyclist access and safety.

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

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

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

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

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

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

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

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

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

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

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

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

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

c) A Construction Waste Management Plan detailing the following:

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

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

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

d) A Tree Protection Plan (TPP) prepared by an AQF 5 Arborist in accordance with any approved Arboricultural Impact Assessment and tree location plans, detailing the following:

i) A site plan showing tree protection zones (TPZ) and structural root zones (SRZ) of trees to be retained and specific details of tree protection measures inclusive of distances (in metres) measured from tree trunks.

ii) Construction methodology to avoid damage to trees proposed to be retained during construction works.

iii) Specifications on tree protection materials used and methods within the TPZ or SRZ.

iv) Location of dedicated material storage space on site outside of TPZ’s and SRZ’s for retained trees.

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

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

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

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

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

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

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

f) Identification of approved sediment and erosion control measures.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

9. 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.

10. 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.

11. 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.

12. 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.

13. Installation of Tree Protection Measures

a) Trees to be retained and numbered 16, 17, 19, 20, 21, 22, 23, 24a, 24b, 25, 26, 27, 29, and 30 as identified on the approved Tree Management Plan of the Arboricultural Impact Assessment (AIA) provided by McArdle Arboricultural Consultancy dated 17 October 2022 must have tree protection measures for the ground, trunk and canopy installed by the project arborist as follows:

i) For the duration of demolition works, in accordance with the Tree Management Plans prepared by the McArdle Arboricultural Consultancy.

ii) For the duration of construction works, in accordance with the Tree Management Plans prepared by the McArdle Arboricultural Consultancy.

b) Tree protection fencing for the trees to be retained numbered 16, 17, 19, 20, 21, 22, 23, 24a, 24b, 25, 26, 27, 29, and 30 must be installed by the engaged AQF 5 project arborist and consist of 1.8m high temporary fencing panels installed in accordance with Australian Standard AS4687-2007 Temporary fencing and hoardings.

c) 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.

d) Tree crown protection measures are required and must be installed by the AQF 5 project arborist.

e) The circumference of the trunk(s) must be wrapped in hessian material to provide cushioning for the installation of timber planks.

f) Timber planks (50 x100mm) must be spaced at 100mm intervals and must be attached using adjustable ratchet straps.

g) All tree protection zones must have a layer of wood-chip mulch at a depth of between 150mm and 300mm.

h) Where wood-chip mulch is permitted by Council instead of tree protection fencing within the tree protection zones, the wood-chip must be covered with a layer of geotextile fabric and rumble boards.

REQUIREMENTS DURING DEMOLITION AND CONSTRUCTION

14. Road Opening Permit

A road opening permit shall be obtained from the Council to permit a person to dig into Council assets, such as roads, footpaths and nature strips. The applicable fees for the restoration of any public asset by Council shall be at the applicant’s full expense.

15. Construction Work Hours

All works on site, including earth works, must only occur between 7am and 5pm Monday to Saturday.

No work is to be undertaken on Sundays or public holidays.

16. 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.

17. 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.

18. Council Property

To ensure that the public reserve is kept in a clean, tidy and safe condition during construction works, no building materials, waste, machinery or related matter is to be stored on the road or footpath.

Note: This consent does not give right of access to the site via Council’s park or reserve. Should such access be required, separate written approval is to be obtained from Council.

19. 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.

20. Landfill not Permitted

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

21. Waste Management

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

22. 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.

23. 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.

24. Maintaining the Health of Trees Approved for Retention

The appointed project arborist must monitor and record any and all necessary actions required to maintain tree health and condition for trees numbered 16, 17, 19, 20, 21, 22, 23, 24a, 24b, 25, 26, 27, 29, and 30 on the approved plans.

25. Maintaining Tree Protection Measures

Tree Protection Measures must be maintained by the project arborist in accordance with Condition No. 13 of this consent for the duration of works.

26. Approved Works within Tree Protection Zone Incursions

a) Where tree root pruning is required for the installation of piers, driveway or underground services, the pruning must be overseen by the AQF 5 project arborist and must be undertaken as follows:

i) Using sharp secateurs, pruners, handsaws or chainsaws with the final cut being clean.

ii) The maximum diameter of roots permitted to be cut is 40 mm.

b) The new driveway must be constructed using the following process:

i) To minimise soil compaction the proposed driveway must be built above grade using sensitive construction techniques in the form of piers or screw pilings.

ii) To minimise soil compaction all imported material in the vicinity of the replacement driveway must be distributed by hand.

c) Approved excavations within the Tree Protection Zone of trees to be retained not associated with installation of services must be undertaken as follows:

i) Excavations for the construction and/or installation of the driveway in the Tree Protection Zone of trees to be retained on the approved plans must be supervised by the project arborist for the first 1 metre undertaken manually to locate roots and allow for pruning in accordance with Condition No. 26 a).

d) Grade changes in the form of filling, are permissible outside the Structural Root Zone in conjunction with piers.

e) Where scaffolding is required, ground protection must be installed beneath the scaffolding in the following order:

i) Installation of a 100mm deep layer of woodchip.

ii) Installation of geotextile fabric ground covering.

iii) Installation of scaffold boarding above the woodchip and geotextile fabric.

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

27. Sydney Water – s73 Certificate

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

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

28. 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.

29. 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.

30. Boundary Fencing

a) The exact location, design and costing for the erection of boundary fencing are to be the subject of negotiation and agreement in accordance with the relevant requirements of the Dividing Fences Act 1991.

b) Fencing must be erected along all property boundaries behind the front building alignment to a height of 1.8 metres.

Note: Alternative fencing may be erected subject to the written consent of the adjoining property owner(s).

31. Replacement Tree Requirements

a) The trees approved for removal under this consent, being trees numbered 1, 2, 3, 4, 5, 6, 8, 9, 10, 11a, 11b, 11c, 12, 13, 14, 15, 28, 31 and 32 must be offset through replacement planting of a minimum of 19 trees. The replacement trees are to be wholly contained within the proposed lots and located:

i) With a minimum of two (2) per lot within the front setback of each proposed lot in the final subdivision.

ii) In the rear of the lots along the eastern boundary.

iii) With a minimum of five (5) replacement trees within the handle of residue Lot 1 and Lot 204.

b) All replacement plantings must be species selected from the ‘Trees Indigenous to Hornsby Shire (as of 1 September 2011)’ document available for viewing on the Hornsby Council’s website http://www.hornsby.nsw.gov.au/environment/flora-and-fauna/tree-management/indigenous-trees

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

i) All replacement trees must be located in either front or rear setbacks and planted 4 metres or greater from the foundation walls of the approved indicative building envelopes.

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

iii) All replacement trees must be a minimum of 3 metres in height when planted.

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

32. Final Certification

The AQF 5 Project arborist must submit to the Principal Certifying Authority a certificate that includes the following:

a) All tree protection requirements complied with the as approved tree protection plan for the duration of demolition and/or construction works.

b) All completed works relating to tree protection and maintenance have been carried out in compliance with the conditions of consent and approved plans.

c) Dates, times and reasons for all site attendance.

d) All works undertaken to maintain the health of retained trees.

e) Details of tree protection zone maintenance for the duration of works.

f) A statement to confirm that tree replacement planting meets NATSPEC guidelines and the approved landscape plan.

Note: Copies of monitoring documentation may be requested throughout DA process.

ADDITIONAL CONDITIONS APPLICABLE TO STAGE 1 – TORRENS TITLE SUBDIVISION OF TWO LOT INTO THREE LOTS

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION WORKS CERTIFICATE

33. Stormwater Drainage

The stormwater drainage system for the development must be designed in accordance with Project No. P00430 Drawing No. 300, 301 & 302 Revision C dated 12.10.2022 by Group Development Services Pty Ltd, AUS-SPEC Specifications

(www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-conditions) and the following requirements:

a) Connected to an existing Council piped drainage system with the following requirements:

b) Council’s drainage system be piped to contain the 20 year Average Recurrence Interval storm event with an overland flow provided above it.

c) An inter-allotment stormwater drainage system to service the proposed subdivision with pits being cast in situ or pre cast concrete pits being used.

34. Public Road and Drainage Works

A separate Section 138 Roads Act Approval must be obtained from Council for all works within the public road reserve. All road works approved under this consent 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) A Deign Certifications Report Checklist in Annexure A and the civil design drawings shall be prepared in accordance with Annexure B – Minimum Drafting Guidelines in the Hornsby Council AUS SPEC Specifications.

b) The extension of the existing public drainage system from the intersection with Boundary Road to the property frontage of proposed Lot 101 in Walker Place with a minimum 375 diameter RCP.

c) Kerb and gutter across the frontage of development site in Walker Place with a minimum half road pavement construction together with drainage and turfed nature strip and kerb ramp.

d) The road pavement shall be designed with a width measured from the existing kerb alignment shall be a minimum 7.5m.

e) The existing road pavement to be saw cut a minimum of 500 mm from the existing edge of the bitumen and reconstructed.

f) The submission of a compaction certificate from a geotechnical engineer for any fill within road reserves, and all road sub-grade and road pavement materials.

35. Footpath

A concrete footpath must be designed along the western side of Walker Place in accordance with AUS-SPEC Specifications (www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-conditions) and the following requirements:

a) Pouring of the concrete footpath on the western side of Walker Place for the full length of the frontage of the subject site up to Boundary Road.

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

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

Note: The plans of the footpath must be submitted and approved by Council’s Manager Traffic and Road Safety prior to the issue of a Construction Certificate. Please submit this information to TrafficEngineering&RoadSafety@hornsby.nsw.gov.au for approval.

36. Parking Restrictions

Subject to consideration and approval by the Hornsby Local Traffic Committee, “No Parking” restrictions be posted along the eastern side of the widened road (development side). Written evidence is to be provided to Council of the decision of the Hornsby Local Traffic Committee prior to the issue of a Construction Certificate.

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

37. Dedication of Public Road

All proposed public roads, as detailed on the approved plans Plan No. P00430-SK002 Revision A dated 28-09-2022 by Group Development Services Pty Ltd must be dedicated to Council as a ‘public road’ at no cost.

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 a “Positive Covenant” over the proposed Lot 101 & 102 requiring that any future development is to provide a minimum 5,000 litre rainwater tank to be connected to all toilets, laundry use and irrigation purposes or provide a raingarden with a minimum filter area of 6m2 to meet the water quality targets outlined in the Hornsby DCP 2013.

b) The creation of a “Positive Covenant” over the proposed Lot 101 & 102 requiring that any future development is to provide an on-site detention system. The on-site detention system is to have a storage capacity of 5 cubic metres and a maximum discharge of 8 litres per second into Council’s drainage system in accordance with Council’s prescribed wording.

c) "Restriction on the Use of Land" over residue Lot 1 to prohibit vehicular access from Boundary Road, with all vehicular access required via Walker Place.

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

39. Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Council for completed road pavement, kerb & gutter, public drainage systems, driveways and inter-allotment drainage system. The plan(s) must be accompanied by a certificate from a registered surveyor certifying that all pipelines and associated structures lie wholly within any relevant easements. The location of all necessary service conduits provided to facilitate the proposed subdivision shall be clearly indicated on the works as executed plan.

ADDITIONAL CONDITIONS APPLICABLE TO STAGE 2 – DEMOLITION OF THE EXISTING DWELLING AND TORRENS TITLE SUBDIVISION OF PROPOSED RESIDUE LOT 1 INTO FOUR LOTS

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION WORKS CERTIFICATE

40. Subdivision – Lodgement of Plan

Evidence that a plan of subdivision creating the proposed lots in Stage 1 has been registered with the NSW Department of Lands must be submitted to Council or the Principal Certifying Authority.

41. Stormwater Drainage

(www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-conditions) and the following requirements:

a) Connected to an existing Council piped drainage system with the following requirements:

b) Council’s drainage system be piped to contain the 20 year Average Recurrence Interval storm event with an overland flow provided above it.

c) An inter-allotment stormwater drainage system to service the proposed subdivision with pits being cast in situ or pre cast concrete pits being used.

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

42. 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 a “Positive Covenant” over the proposed Lot 201, 202, 203 & 204 requiring that any future development is to provide a minimum 5,000 litre rainwater tank to be connected to all toilets, laundry use and irrigation purposes or provide a raingarden with a minimum filter area of 6m2 to meet the water quality targets outlined in the Hornsby DCP 2013.

b) The creation of a “Positive Covenant” over the proposed Lot 201, 202, 203 & 204 requiring that any future development is to provide an on-site detention system. The on-site detention system is to have a storage capacity of 5 cubic metres and a maximum discharge of 8 litres per second into Council’s drainage system in accordance with Council’s prescribed wording.

c) "Restriction on the Use of Land" over Lot 204 to prohibit vehicular access from Boundary Road, with all vehicular access required via Walker Place.

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

43. Works as Executed Plan

- 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.

Subdivision Certificate Requirements

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

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

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

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

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

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

Fees and Charges – Subdivision

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

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.

House Numbering

The house numbering for this subdivision shall be:

Lot	Street Number	Street Name	Street Type	Locality
Lot 101	13	Walker	Place	North Epping
Lot 102	11	Walker	Place	North Epping
Lot 1	127	Boundary	Road	North Epping
Lot 201	9	Walker	Place	North Epping
Lot 202	7	Malton	Road	North Epping
Lot 203	5	Walker	Place	North Epping
Lot 204	3	Walker	Place	North Epping

LPP Report No. LPP63/22

Local Planning Panel

Date of Meeting: 30/11/2022

2 DA/514/2022 - TORRENS TITLE SUBDIVISION OF 1 LOT INTO 4 AND ROAD WIDENING - 263 MALTON ROAD, NORTH EPPING

EXECUTIVE SUMMARY

DA No:	DA/514/2022 (Lodged on 19 May 2022)
Description:	Demolition of existing dwelling house and carport, Torrens title subdivision of one lot into four, construction of a driveway, drainage works and road widening as a staged development
Property:	Lot M DP 28986, No.263 Malton Road, North Epping
Applicant:	Mr Warren Alan Eldridge
Owner:	Suzanne Christine Neil
Estimated Value:	$45,000
Ward:	C Ward

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

· A total of 10 submissions, including a letter signed by four parties, has been received in respect of the original application. The re-notification of the amended application received a total of 4 submissions, plus a petition signed by landowners of 9 properties in Walker Place and Boundary Road.

· It is recommended that the application be approved.

RECOMMENDATION

THAT Development Application No. DA/514/2022 for demolition of existing dwelling house and carport, Torrens title subdivision of 1 lot into 4, construction of a driveway, drainage works and road widening as a staged development at Lot M DP 28986, No.263 Malton Road, North Epping be approved subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP63/22.

ASSESSMENT

CONCLUSION

The application proposes demolition of existing dwelling house and carport, Torrens title subdivision of one lot into four, construction of a driveway, drainage works and road widening as a staged development

Council received a total of 14 submissions and 1 petition during the two public notification periods. The matters raised have been addressed in the body of the report.

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

The reasons for this decision are:

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

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

RESPONSIBLE OFFICER

The officer responsible for the preparation of this report is Donna Clarke, an independent consultant from Landmark 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.	Independent Consultant Report
2.	Locality Plan
3.	Subdivision Plan

File Reference: DA/514/2022

Document Number: D08505170

SCHEDULE 1

CONDITIONS APPLICABLE TO BOTH STAGES

GENERAL CONDITIONS

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.

1. Approved Plans and Supporting Documentation

Approved Plans

*Plan No.*	*Plan Title*	*Drawn by*	*Dated*	*Council Reference*
2753-3	Plan showing Proposed Subdivision of Lot M in DP 28986, Plan of Survey, Concept Drainage & Road Design, and Sediment & Control Plan	Warren Eldridge	9/9/22
-	Tree Protection Map	Hornsby Council	Undated

Supporting Documentation

*Document Title*	*Prepared by*	*Dated*	*Council Reference*
Waste Management Plan	Warren Eldridge & Associates	10/3/22	D08412020
Arboricultural Impact Assessment	Redgum Horticultural	4/2/22	D08412033

2. Construction Certificate

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

b) A separate Section 138 Roads Act 1993 Approval must be obtained from Council for all works within the public road reserve.

c) The Subdivision Works Certificate plans must be consistent with the Development Consent plans.

3. Section 7.11 Development Contributions

Description	Contribution (4)
Roads	$4,369.75
Open Space and Recreation	$34,241.85
Community Facilities	$21,089.85
Plan Preparation and Administration	$298.50
TOTAL	$59,999.95

being for the addition of three(3) lots.

$C_{PY =}$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 applicable in this Development Consent Condition.

c) The monetary contribution must be paid to Council:

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

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

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

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

4. Appointment of a Project Arborist

b) Details of the appointed project arborist must be submitted to the PCA with the application for the construction certificate.

5. Removal of Trees

a) This development consent permits the removal of trees numbered 5-9 (inclusive) and 21 as identified in the Survey of Subject Trees, Appendix C, page 18 of the Arboricultural Impact Assessment (AIA) provided by Redgum Horticultural, dated 04 February 2022.

b) No consent is granted for the removal of tree(s) numbered 1-4 (inclusive) and 10-20 (inclusive) as these trees contribute to the established landscape amenity of the area/streetscape.