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TABLE OF CONTENTS

 

GENERAL BUSINESS

Local Planning Panel

Item 1     LPP1/23 DA/910/2022 - Demolition of Existing Dwelling, Construction of a Dwelling House and Swimming Pool - 1A Glen Street, Galston.................................................................... 1

 

LPP Report No. LPP1/23

Local Planning Panel

Date of Meeting: 27/02/2023

 

 

EXECUTIVE SUMMARY

DA No:	DA/910/2022 (Lodged on 1 September 2022)
Description:	Demolition of existing dwelling, construction of new 2 storey dwelling and swimming pool.
Property:	Lot 1 DP 1245785, No. 1A Glen Street, Galston
Applicant:	Archi Build International
Owner:	Mr Toufic Youssef El-Badaoui & Mrs Rachel El-Badaoui
Estimated Value:	$600,000
Ward:	A Ward

·              The application involves demolition of the existing dwelling and construction of 2 storey dwelling and swimming pool.

·              The application complies with the relevant development standards of the Hornsby Local Environmental Plan 2013, however exceeds the maximum floor area prescriptive measure  under the Hornsby Development Control Plan 2013.

·              A total of 10 submissions have been received in respect of the application.

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

·              It is recommended that the application be approved.

 

RECOMMENDATION THAT Development Application No. DA/910/2022 for demolition of existing dwelling, construction of dwelling house and swimming pool at Lot 1 DP 1245785, No. 1A Glen Street, Galston be approved subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP1/23.

 

 

BACKGROUND

On 3 April 2018, Council granted Development Application No. DA/866/2017 for demolition of existing dwelling, change of use of secondary dwelling to principal dwelling, Torrens title subdivision of one lot into two and construction of a dwelling.

The subject site was created through the Torrens title subdivision approved by Council under DA/866/2017.

On 21 October 2022, Council requested additional information regarding floor area, stormwater, landscape, and heritage.

On 15 November 2022, Council received the amended architectural plans and stormwater plans.

SITE

The 504.7m² site is located on the western side of Glen Street and contains a single dwelling.

The site experiences 1 metre of fall towards the front of the site.

The site is not bushfire prone nor flood prone.

The site is burdened by a positive covenant that the proposal shall make provision for construction of an on-site detention system in conjunction with building work to service the entire lot.

The site is not a heritage item and is not located within a heritage conservation area.

The property is located within the vicinity of heritage item No. 442 (House), a former Police Station built in the Victorian Georgian style located at No. 4 Mid-Dural Road, Galston and No. 443 (House), a Victorian Georgian style timber cottage known as ‘The Coach House’ located at No. 10 Mid-Dural Road, Galston listed under Schedule 5 (Environmental heritage) of the Hornsby Local Environmental Plan 2013.

PROPOSAL

The application proposes demolition of existing structures and the construction of a double storey dwelling and inground pool.  The proposed dwelling comprises:

·              Ground floor lounge, laundry, guest room, stairs, powder room, kitchen, dining, family room, porch, alfresco, double garage and a swimming pool. 

·              First floor master bedroom with ensuite, walk-in-robe and balcony, one bedroom with ensuite, one bedroom with walk-in-robe, two bedrooms with built in robes and a main bathroom.

Three trees would be removed by the development.

Amended architectural plans submitted on 15 November 2022 illustrate the following changes to the proposal:

·              Reduce the floor area.

·              Relocate the swimming pool to the north-western corner of the site.

·              Updated landscape plan with landscaping measures applied within the south-west corner of the site to protect the visual setting of the adjacent heritage item.

·              Stormwater plans with construction of an on-site detention system.

ASSESSMENT

The development application has been assessed having regard to the Greater Sydney Region Plan - A Metropolis of Three Cities, the North District Plan and the matters for consideration prescribed under Section 4.15 of the Environmental Planning and Assessment Act 1979 (the Act).  The following issues have been identified for further consideration.

1.         STRATEGIC CONTEXT

1.1        Greater Sydney Region Plan - A Metropolis of Three Cities and North District Plan

The Greater Sydney Region Plan - A Metropolis of Three Cities has been prepared by the NSW State Government to guide land use planning decisions over the next 40 years (to 2056).  The Plan sets a strategy and actions for accommodating Sydney’s future population growth and identifies dwelling targets to ensure supply meets demand.  The Plan also identifies that the most suitable areas for new housing are in locations close to jobs, public transport, community facilities and services.

The NSW Government will use the subregional planning process to define objectives and set goals for job creation, housing supply and choice in each subregion.  Hornsby Shire has been grouped with Hunters Hill, Ku-ring-gai, Lane Cove, Mosman, North Sydney, Ryde, Northern Beaches and Willoughby to form the North District.  The Greater Sydney Commission has released the North District Plan which includes priorities and actions for Northern District over the next 20 years.

The identified challenge for Hornsby Shire will be to provide an additional 4,350 dwellings by 2021 with further strategic supply targets to be identified to deliver 97,000 additional dwellings in the North District by 2036.

The proposed development would be consistent with the Greater Sydney Region Plan - A Metropolis of Three Cities and the North District Plan, by contributing to achieving the dwelling targets for the region.

2.         STATUTORY CONTROLS

Section 4.15(1)(a) requires Council to consider “any relevant environmental planning instruments, draft environmental planning instruments, development control plans, planning agreements and regulations”.

2.1        Hornsby Local Environmental Plan 2013

The proposed development has been assessed having regard to the provisions of the Hornsby Local Environmental Plan 2013 (HLEP).

2.1.1     Zoning of Land and Permissibility

The subject land is zoned R2 Low Density Residential under the HLEP.  The objectives of the R2 zone are:

·              To provide for the housing needs of the community within a low-density residential environment.

·              To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The proposed development is defined as ‘dwelling house’ and is permissible in the R2 zone with Council’s consent.

2.1.2     Height of Buildings

Clause 4.3 of the HLEP provides that the height of a building on any land should not exceed the maximum height shown for the land on the Height of Buildings Map.  The maximum permissible height for the subject site is 8.5m.  The proposal has a maximum height of 8.47m and complies with this provision.

2.1.3     Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire.  The property is located within the vicinity of heritage item No. 442 (House), a former Police Station built in the Victorian Georgian style located at No. 4 Mid-Dural Road, Galston and No. 443 (House), a good example of a Victorian Georgian style timber cottage known as ‘The Coach House’ located at No. 10 Mid-Dural Road, Galston.

The property is not listed as a heritage item or located within a heritage conservation area.

Background

A Development Application was approved in April 2018 for the subdivision of the subject land and demolition and construction of a new dwelling on the adjacent property, No. 1 Glen Street, Galston. Council’s heritage assessment raised no objection to the proposal development, noting that the proposal provided sufficient justification the proposed subdivision and future development of the adjacent property, No. 1 Glen Street, would have a negligible impact to the heritage significance of the nearby heritage items and their associated visual backdrop and landscape setting.

The subject DA was submitted to Council in September 2022 for demolition and construction of a new dwelling in the vicinity of a heritage item. The heritage assessment advised that no heritage objections were raised subject to proposal being amended to satisfy the Desired Outcomes and Prescriptive Measures for Rural Heritage Items and Development within the Vicinity of Heritage under Part 9.2.6 and 9.4.1 of the HDCP.

The following amendments were requested to satisfy the heritage concerns raised:

1.         Compliance with an 8m second storey setback to the rear boundary.

2.         Relocation of the swimming pool.

3.         Increased side setback to 1 Glen Street to allow adequate landscape planting and screening between the adjacent properties.

4.         Hedge planting and feature trees that grow to at least 15m should be incorporated in the landscape design along the south and west boundaries to reduce the impact of the increased built form within the immediate vicinity of the single storey rural heritage item (Item No. 442).

Amended plans were submitted to Council for further assessment on 15 November 2022. Council’s heritage assessment has been undertaken with regard to the heritage requirements of the HLEP, the Hornsby Development Control Plan 2013 (HDCP) and Council’s previous heritage assessment the amened plans submitted with the application.

Proposed Dwelling House & Pool

The amended plans indicate that compliance with the second storey setback to the rear has been achieved. The swimming pool has been relocated to permit landscaping measures to be provided within the south-west corner of the site to protect the visual setting of the adjacent heritage item. The location of the swimming pool has not been amended on the Sediment and Control Plan (Issue B).

Landscaping

The side setback to 1 Glen Street is unchanged. However, hedge planting and one feature tree have been added to the south-west corner boundary which would act to visually reduce the impact of the increased built form within the immediate vicinity of the single storey rural heritage item (Item No. 442). The specified tree a Lilli Pilli (Acmena smithii) is a local indigenous tree which can grow up to 15m.

The amendment is the minimum necessary to satisfy the heritage concern regarding visually screening the south-west corner from the adjacent heritage site. There remains opportunity to improve landscaping outcomes, in line with the Desired Outcome of HDCP Section 3.1.3:

a.         Landscaping that integrates the built form with soft landscaping and retains and enhances the tree canopy

Hedge planting has not been provided along the length of the western boundary and the one small tree (Blueberry Ash) has been deleted from the front garden on the Landscape Plan (Issue B). No shrubbery or trees are proposed to integrate the built from with landscaping within the front setback.

Landscaping in the front and side setback in the form or shrubs and small trees is recommended to be included as a condition of consent to fulfill of Section 3.1.3 Landscaping within the HDCP.

Screen planting to the on-grade landscape setback areas along the southern boundary and front boundary has been recommended as a condition of consent in Schedule 1 of this report.

Summary

The proposal development has been modified to satisfy the heritage concerns raised.

No objections are raised to the proposal on heritage grounds subject to:

·              The location of the swimming pool on the Sediment and Control Plan (Issue B) be amended in accordance with the revised architectural plans as a condition of consent in Schedule 1.

·              Landscaping in the form or shrubs and small trees be included the front and side setbacks to meet the Desired Outcome of Section 3.1.3 Landscaping within the HDCP as a condition of consent in Schedule 1.

2.1.4     Earthworks

Clause 6.2 of the HLEP states that consent is required for proposed earthworks on site. Before granting consent for earthworks, Council is required to assess the impacts of the works on adjoining properties, drainage patterns and soil stability of the locality.

The application proposes excavation associated with the proposed inground swimming pool.

Matter for Consideration	Comment
(a)        The likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development	A stormwater concept plan provided by the applicant details that stormwater generated by the proposed development would be drained directly to Council’s street drainage system at Glen Street as shown on the Stormwater Concept Plan.
(b)        The effect of the development on the likely future use or redevelopment of the land	Proposed excavation of the pool development is ancillary to the dwelling house. There is limited space in alternate locations of the rear yard to enable potential future development.
(c)        The quality of the fill or the soil to be excavated, or both	An examination of Council’s records and aerial photography has determined that the site has been historically used for residential purposes. It is not likely that the site has experienced any significant contamination, and further assessment is not required.
(d)        The effect of the development on the existing and likely amenity of adjoining properties	Excavation works to facilitate development of a swimming pool would generate negligible amenity impacts to adjoining properties. There would be no change from the existing impacts to proposed amenity impacts as the footprint of the proposed pool is within the principle private open space of the subject site.
(e)        The source of any fill material and the destination of any excavated material	A suitable condition of consent has been recommended requiring all 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.
(f)         The likelihood of disturbing relics	Council has no record of any historical items or events of note on the subject site, of either Aboriginal or European Heritage. It is therefore considered that the proposed works are unlikely to disturb any relics.
(g)        The proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area	There is no drinking water catchment within close proximity to the site. (Further discussion regarding environmental impact is contained within the body of this report)
(h)        Any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development	Appropriate measures have been included as conditions of consent in Schedule 1 of this report to avoid, minimise and mitigate the impacts of the development.

2.2        State Environmental Planning Policy (Building Sustainability Index - BASIX) 2004

The application has been assessed against the requirements of State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004. The proposal includes a copy of the BASIX Certificate (Cert. No. 1333226S dated 28 September 2022) for the dwelling house which meets the requirements of the SEPP. A condition is recommended in Schedule 1 of this report requiring the recommendations of the BASIX certificate be complied with.

2.3        State Environmental Planning Policy (Resilience and Hazards) 2021

The application has been assessed against the requirements of chapter 4 of State Environmental Planning Policy (Resilience and Hazard) 2021.

2.3.1     Chapter 4 Remediation of Land

Section 4.6 of the Resilience and Hazard SEPP states that consent must not be granted to the carrying out of any development on land unless the consent authority has considered whether the land is contaminated or requires remediation for the proposed use.

Should the land be contaminated, Council must be satisfied that the land is suitable in a contaminated state for the proposed use. If the land requires remediation to be undertaken to make the land suitable for the proposed use, Council must be satisfied that the land will be remediated before the land is used for that purpose.

An examination of Council’s records and aerial photography has determined that the site has been historically used for residential purposes. It is not likely that the site has experienced any significant contamination, and further assessment under chapter 4 of the Resilience and Hazards SEPP is not required.

2.4        State Environmental Planning Policy (Biodiversity and Conservation) 2021

The application has been assessed against the requirements of chapter 2 and 9 of State Environmental Planning Policy (Biodiversity and Conservation) 2021.

2.4.1     Chapter 9 Hawkesbury-Nepean River

The site is located within the catchment of the Hawkesbury-Nepean River.  The aim of this chapter is to protect the environment of the Hawkesbury-Nepean River system by ensuring that the impacts of development are considered in the regional context.  Part 9.2 of this Plan contains general planning considerations and strategies requiring Council to consider the impacts of development on water quality, aquaculture, significant vegetation habitats, extraction, environmental heritage and scenic quality, recreation and tourism, and agriculture.

Subject to the implementation of sediment and erosion control measures and stormwater management to protect water quality, the proposal would not impact on the water quality of the catchment and would comply with the requirements of chapter 9 of the Biodiversity and Conservation SEPP.

2.4.2     Chapter 2 Vegetation in Non-Rural Areas

Chapter 2 of this policy aims to protect the biodiversity and amenity values of trees within non-rural areas of the state.

Part 2.3 of the policy states that a development control plan may make a declaration in any manner relating to species, size, location and presence of vegetation. Accordingly, Part 1B.6.1 of the HDCP prescribes works that can be undertaken with or without consent to trees and objectives for tree preservation.

Section 3.1.1 of this report provides an assessment in accordance with Part 1B.6.1 of the HDCP.

2.5        Section 3.42 Environmental Planning and Assessment Act 1979 - Purpose and Status of Development Control Plans

Section 3.42 of the Environmental Planning and Assessment Act 1979 states that a DCP provision will have no effect if it prevents or unreasonably restricts development that is otherwise permitted and complies with the development standards in relevant Local Environmental Plans and State Environmental Planning Policies. 

The principal purpose of a development control plan is to provide guidance on the aims of any environmental planning instrument that applies to the development; facilitate development that is permissible under any such instrument; and achieve the objectives of land zones.  The provisions contained in a DCP are not statutory requirements and are for guidance purposes only.  Consent authorities have flexibility to consider innovative solutions when assessing development proposals, to assist achieve good planning outcomes.

2.6        Hornsby Development Control Plan 2013

The proposed development has been assessed having regard to the relevant desired outcomes and prescriptive requirements within the Hornsby Development Control Plan 2013 (HDCP).  The following table sets out the proposal’s compliance with the prescriptive requirements of the Plan:

HDCP - Part 3.1 Dwelling Houses
Control	Proposal	Requirement	Complies
Site Area	504.7m2	N/A	N/A
Building Height	8.47m	8.5m	Yes
No. storeys	2	max. 2 + attic	Yes
Site Coverage	41.5%	50%	Yes
Floor Area	354.8m2	330m2	No
Setbacks
-       Front	6m	6m	Yes
-       Side(south)
Ground floor	1.519m	900mm	Yes
First floor	1.519m	1.5m	Yes
-       Side(north)
Ground floor	1.526m	900mm	Yes
First floor	1.526m	1.5m	Yes
-       Rear
Ground floor	3.9m	3m	Yes
First floor	8m	8m	Yes
Landscaped Area (20% of lot size)	202.75m2	100.94m2	Yes
Private Open Space
-       minimum area	24m2	24m2	Yes
-       minimum dimension	3m	3m	Yes
Car Parking	2 spaces	2 spaces	Yes

As detailed in the above table, the proposed development does not comply with the prescriptive floor area requirement within the HDCP.  The matters of non-compliance are detailed below, as well as a discussion on compliance with relevant desired outcomes.

2.6.1     Scale (Floor Area)

The desired outcome of Part 3.1.1 Scale of the HDCP is to encourage “development with a height, bulk and scale that is compatible with a low-density residential environment”.

The prescriptive measures set out in Table 3.1.1(c) Maximum Floor Area for a dwelling house and ancillary outbuildings, prescribes a maximum floor area of 330m² for lots between 450m² and 599m².

At lodgement, the application proposed a dwelling house which would have a have a floor area of 361.58m² (31.58m², a 9.56% exceedance) which does not comply with the abovementioned prescriptive measure. Submissions have been received raising concerns regarding the bulk and scale.

On 15 November 2022, the applicant submitted an amended design which reduced the floor area to 354.8m² (24.8m², a 7.5% exceedance).

In support of this non-compliance, it is noted that the proposed development does not include any ancillary outbuildings (60m² permitted) and includes a 44m² integrated double garage on the ground floor of the dwelling. There is no scope for an additional outbuilding on the subject site. The proposed design would maintain a compliant site coverage of 41.5% and the total floor area when including ancillary structures complies with the maximum permitted total floor area of 390m² (330m2 + 60m² ancillary outbuilding). The proposal would result in a dwelling with a height, bulk and scale that is compatible with the low-density residential environment with negligible environmental and amenity impacts.

The proposal meets the desired outcome of Part 3.1.1 Scale of the HDCP and is considered acceptable.

2.6.2     Setbacks

The desired outcome of Part 3.1.2 Setbacks of the HDCP are to encourage “setbacks that are compatible with adjacent development and complement the streetscape” and “setbacks that allow for canopy trees to be retained and planted along the front and rear property boundaries.”

This is supported by the prescriptive measure set out in Table 3.1.2(a): Minimum Boundary Setbacks which prescribes a minimum rear boundary setback of 8m for two storey elements.

At lodgement, the application proposed a dwelling house which would have a have a first floor rear setback of 7.653m which does not comply with the abovementioned prescriptive measure.

On 15 November 2022, the applicant submitted an amended design which increased the first floor rear setback to 8m which comply with the abovementioned prescriptive measure.

The proposal provides front and side setbacks meets or exceeds the setback requirements.

The proposal meets the desired outcomes of Part 3.1.2 Setbacks of the HDCP and is considered acceptable.

2.6.3     Landscaping

To address heritage concerns, the amended proposal has included hedge planting and one feature tree to the south-west corner which would act to visually reduce the impact of the built form within the immediate vicinity of the single storey rural heritage item (Item No. 442). The specified tree (Acmena smithii) is a local indigenous tree which can grow up to 15m.

Hedge planting has not been provided along the length of the western boundary and the proposal is lacking shrubbery and/or trees to integrate the built from with landscaping within the front setback.

Accordingly, a revised landscape plan is recommended in as a condition of consent in Schedule 1 to include landscaping in the front and side setback in the form or shrubs and small trees is to satisfy the requirements of Part 3.1.3 Landscaping of the HDCP.

2.6.4     Sunlight Access

The desired outcome of Part 3.1.5 Sunlight Access under the HDCP is for dwelling houses to “provide solar access to open spaces.” In addition, dwellings are to be “designed to provide reasonable sunlight to adjacent properties.”

Within this context, Part 3.1.5 outlines the following prescriptive measures:

(a)        On 22 June, 50% of the required principle private open space should receive 3 hours of unobstructed sunlight access between 9am and 3pm.

(b)        On 22 June, 50% of the required principle private open space on any adjoining property should receive 3 hours of unobstructed sunlight access between 9am and 3pm.

The proposal is supported by shadow diagrams from 9am to 3pm midwinter. The diagrams demonstrate that the private open space to the rear of the subject site will maintain a minimum of 50% sunlight access between 9am and 3pm.

Submissions have been received raising concerns regarding the overshadowing. To address this concern, it is noted that the proposal will result in minor additional overshadowing to the rear yard and northern building façade of the property adjoining the site to the south (i.e. No. 1 Glen Street). Notwithstanding, over 50 percent of the private open space of this property will receive at least 3 hours of unobstructed sunlight access. The proposal will not result in any overshadowing to the property adjoining the site to the north (i.e. No. 3 Glen Street).

Accordingly, the proposal satisfies Part 3.1.5 of the HDCP and is considered acceptable.

2.6.5     Privacy

The desired outcome of Part 3.1.6 Privacy of the HDCP is to encourage “development that is designed to provide reasonable privacy to adjacent properties.”

This is supported by the prescriptive measures that state that:

a)         “Living and entertaining areas of dwelling houses should be located on the ground floor and oriented towards the private open space of the dwelling house and not side boundaries.

b)         A proposed window in a dwelling house should have a privacy screen if:

·              it is a window to a habitable room, other than a bedroom, that has a floor level of more than 1 metre above existing ground level,

·              the window is setback less than 3 metres from a side or rear boundary, and

·              the window has a sill height of less than 1.5 metres.

c)         A deck, balcony, terrace or the like should be located within 600mm of existing ground level where possible to minimise potential visual and acoustic privacy conflicts.

d)         Decks and the like that need to be located more than 600mm above existing ground should not face a window of another habitable room, balcony or private open space of another dwelling located within 9 metres of the proposed deck unless appropriately screened.”

It is noted that a first floor balcony is proposed. The first floor balcony is oriented towards the front boundary and is considered acceptable.

Submissions have been received raising concerns regarding the privacy of the adjacent property. To address this concern, it is noted that all first floor level windows would provide natural light and ventilation to ‘non-habitable’ use rooms (void, bathrooms and bedrooms) in compliance with Council’s planning guidelines.

The proposal meets the desired outcome of Part 3.1.6 Privacy of the HDCP and is considered acceptable.

2.7        Section 7.12 Contributions Plan

Hornsby Shire Council Section 7.12 Contributions Plan 2019-2029 applies to development with an estimated costs of works greater than $100,000.  The proposed dwelling house is exempt for payment as the subdivision that created the subject lot has paid Section 7.11 contribution fees.

3.         ENVIRONMENTAL IMPACTS

Section 4.15(1)(b) of the Act requires Council to consider “the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality”.

3.1        Natural Environment

3.1.1     Tree and Vegetation Preservation

The prescriptive measures of Part 1B.6.1 Tree Preservation of the HDCP state that:

a)         The prescribed trees that are protected by the Vegetation SEPP and/or Clause 5.10 of the HLEP and this section of the DCP include:

·              all trees except exempt tree species in Hornsby Shire as listed in Table 1B.6 (a) or subject to a Biodiversity Offset Scheme.

·              all trees on land within a heritage conservation area described within the HELP.

·              all trees on land comprising heritage items listed within the HLEP.

b)         To damage or remove any tree protected under the HDCP is prohibited without the written consent of Council, except in accordance with the exemptions prescribed in this part (under the heading ‘Exempt Tree Work’).”

It is noted that three fruit trees are located on the subject site and proposed for removal. Council raises no objection to the removal of these three fruit trees on the basis that these are not significant trees.

The proposal meets the prescriptive measures of Part 1B.6.1 Tree Preservation of the HDCP and is considered acceptable, subject to conditions.

3.1.2     Stormwater Management

The desired outcomes of Part 1C.1.2 Stormwater Management of the HDCP is to encourage development “that protect waterways from erosion, pollution and sedimentation and maintains or improves water quality and aquatic habitats” and “water management systems that minimise the effects of flooding and maintains natural environmental flows.” 

Submissions have been received raising concerns regarding stormwater runoff and compliance of Creation of Easements under subdivision DA/866/2017. The site is burdened by a Positive Covenant, requiring the proposal to make provision for construction of an on-site detention system in conjunction with building work to service the entire lot.

On 15 November 2022, the applicant submitted a stormwater plan.

In addressing the submission, it is noted that the application proposes that all stormwater arising from the development would be managed via an on-site stormwater detention system and connection to existing Council piped drainage system. It is considered that the proposed development would have negligible stormwater impact to adjoining properties. Council’s development engineer has reviewed the proposal, no objections are raised to the proposed system subject to conditions recommended in Schedule 1 of this report.

Accordingly, the proposal meets the desired outcomes of Part 1C.1.2 Stormwater Management of the HDCP and is considered acceptable

3.2        Built Environment

3.2.1     Built Form

The proposed built form is consistent with the dwellings on adjoining properties in terms of height design and materials.

3.2.2     Traffic

At the time of subdivision, the traffic generation form this additional lot was considered and deemed acceptable and within the capacity of the road network.  The proposal is for a single dwelling only and does not intensify the traffic generation from that previously assessed under DA/866/2017.

3.3        Social Impacts

The residential development would improve housing choice in the locality by providing a range of house hold types.  This is consistent with Council’s Housing Strategy which identifies the need to provide a mix of housing options to meet future demographic needs in Hornsby Shire.

3.4        Economic Impacts

The proposal would have a minor positive impact on the local economy in conjunction with other new low density residential development in the locality by generating an increase in demand for local services.

4.         SITE SUITABILITY

Section 4.15(1)(c) of the Act requires Council to consider “the suitability of the site for the development”.

The subject site has not been identified as bushfire prone or flood prone land. The proposal has demonstrated the ability to avoid the removal significant vegetation and provides a dwelling design that is appropriate for the locality and within the vicinity of heritage items.  The site is considered to be capable of accommodating the proposed development.  The scale of the proposed development is consistent with the capability of the site and is considered acceptable.

5.         PUBLIC PARTICIPATION

Section 4.15(1)(d) of the Act requires Council to consider “any submissions made in accordance with this Act”.

5.1        Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 12 September 2022 to 26 December 2022, due to the notification notice was not placed on site during the notification period, the application was renotified between 13 October 2022 to 27 October 2022 in accordance with the Hornsby Community Engagement Plan.  During these periods, Council received 10 submissions.  The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN
•      PROPERTIES NOTIFIED	X      SUBMISSIONS RECEIVED	PROPERTY SUBJECT OF DEVELOPMENT
5 SUBMISSIONS RECEIVED OUT OF MAP RANGE

 

10 submissions objected to the development, generally on the grounds that the development would result in:

·              Inconsistent with the distinctive character of the Galston area.

·              Have a negative impact/degrade the local heritage items.

·              The bulk and scale of the building is too large for the site.

·              Concerns regarding storm water run-off.

·              Concerns regarding compliance of Creation of Easements under subdivision DA/866/2017.

·              The proposed location of windows will completely erase the privacy of the adjacent property at 3 Glen Street with the 2 storey building being so close to the boundary fence.

·              Questions regarding management of wastewater from the pool.

·              Overshadowing caused by the proposal will greatly affect 1 Glen Street.

·              Could not find sediment controls.

·              Landscape plan shows the adjoining property at 1 Glen St has no setback from the common boundary, concerns raised that the southern boundary has been incorrectly located.  Insufficient side setbacks are provided between two dwellings.

The merits of the matters raised in community submissions have been addressed in the body of the report with the exception of the following:

5.1.1     Wastewater from swimming pool

Submissions have been received raising concerns regarding management of wastewater from the pool. To address this concern, it is noted that the subject site is connect to Sydney Water sewer line. Schedule 1 includes a condition requiring all wastewater from the pool’s filtration system must be piped to Sydney Water’s sewer system.  In the event that Sydney Water’s sewer system is not accessible, a filtration system that does not require backwashing must be installed.

5.2        Sediment Control

Submissions raised concerns that sediment controls measures have not been submitted with the application. To address this concern, sediment control plans were submitted to Council on 15 November 2022. Conditions are recommended in Schedule 1 of this report requiring the development be maintained throughout the construction period in accordance with the manual ‘Soils and Construction 2004 (Bluebook)’. The erosion and sediment control devices must remain in place until the site has been stabilised and revegetated.

5.3        Landscape Plan

Submissions have been received raising concerns that the landscape plan shows the adjoining property at 1 Glen St has no setback from the common boundary. Concerns raised that the southern boundary has been incorrectly located. Insufficient side setbacks are provided between two dwellings.

To address this concern, it is noted that it was a drafting issue that the location of the property at 1 Glen St was incorrect on the landscape plan. An updated landscape plan has been submitted to Council on 15 November 2022, with the correct information of the adjoining properties. The proposal complies with setback requirements of Part 3.1.2 Setbacks of the HDCP and is considered acceptable.

6.         THE PUBLIC INTEREST

Section 4.15(1)(e) of the Act requires Council to consider “the public interest”.

The public interest is an overarching requirement, which includes the consideration of the matters discussed in this report.  Implicit to the public interest is the achievement of future built outcomes adequately responding to and respecting the future desired outcomes expressed in environmental planning instruments and development control plans.

The application is considered to have satisfactorily addressed Council’s and relevant agencies’ criteria and would provide a development outcome that, on balance, would result in a positive impact for the community.  Accordingly, it is considered that the approval of the proposed development would be in the public interest.

CONCLUSION

The application proposes demolition of existing dwelling, construction of new 2 storey dwelling and swimming pool.

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 10 submissions during the public notification period. 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 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.

 

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 Amelia Xu.

 

 

Cassandra Williams Major Development Manager - Development Assessments Planning and Compliance Division

Rod Pickles Manager - Development Assessments Planning and Compliance Division

 

 

 

 

Attachments:

1.	Locality Plan
2.	Architectural Plans
3.	Stormwater Plan

 

 

File Reference:           DA/910/2022

Document Number:     D08566073

 

SCHEDULE 1

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
Sheet 4 Issue B	Sediment Control Plan	Archi Build International	10/08/2022
Sheet 5 Issue B	Demolition Plan	Archi Build International	10/08/2022
Sheet 6 Issue B	Landscape Plan	Archi Build International	10/08/2022
Sheet 7 Issue B	Site Plan	Archi Build International	10/08/2022
Sheet 8 Issue B	Ground Floor Plan	Archi Build International	10/08/2022
Sheet 9 Issue B	First Floor Plan	Archi Build International	10/08/2022
Sheet 10 Issue B	Roof Level Plan	Archi Build International	10/08/2022
Sheet 11 Issue B	Section AA	Archi Build International	10/08/2022
Sheet 12 Issue B	Elevations	Archi Build International	10/08/2022
Sheet 13 Issue B	Elevations	Archi Build International	10/08/2022

Supporting Documentation

Document Title	Prepared by	Dated	Council Reference
Stormwater Concept plans	Telford Civil	12/11/2022	D08534247
Waste Management Plan	-	-	D08487052
Arboricultural Response Letter To Council	-	30/08/2022	D08487033

2.         Removal of Existing Trees

This development consent permits the removal of three trees as identified in the Demolition Plan prepared by Archi Build International dated 10/08/2022.

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).

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.

3.         Amendment of Plans

a)         To comply with Councils requirement in terms of heritage conservation, the approved plans are to be amended as follows:

i)          The location of the swimming pool must be amended on the Sediment and Control Plan (Issue B) to consistent with the site plan.

ii)          Screen planting to the on-grade landscape setback areas must include an additional:

a.         20x Vibernum sp. capable of reaching a mature height of 2m planted at 2m metre centres in mulched planter beds along the southern boundary. Plants shall be installed at minimum 5 litre pot size.

b.         16x Vibernum sp. capable of reaching a mature height of 2m planted at 2m metre centres in mulched planter beds along the front/Glen street Boundary. Plants shall be installed at minimum 5 litre pot size.

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

4.         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 not be inconsistent with the Development Consent plans.

5.         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.

6.         Contract of Insurance (Residential Building Work)

Where residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, this contract of insurance must be in force before any building work authorised to be carried out by the consent commences.

7.         Notification of Home Building Act 1989 Requirements

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being Council) has given Council written notice of the following information:

a)         In the case of work for which a principal contractor is required to be appointed:

i)          The name and licence number of the principal contractor.

ii)          The name of the insurer by which the work is insured under Part 6 of that Act.

b)         In the case of work to be done by an owner-builder:

i)          The name of the owner-builder.

ii)          If the owner-builder is required to hold an owner-builder’s permit under that Act, the number of the owner-builder’s permit.

Note:  If arrangements for doing the residential building work are changed while the work is in progress so that the information notified becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being Council) has given Council written notification of the updated information.

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^TM through www.sydneywater.com.au under the Building and Development tab.

9.         Stormwater Drainage – Dwelling

The stormwater drainage system for the development must be designed for an average recurrence interval (ARI) of 20 years and be gravity drained in accordance with the following requirements:

a)         Connected directly to Council’s Street drainage system at Glen Street.

10.        On Site Stormwater Detention

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

a)         Have a capacity of not less than 5 cubic metres, and a maximum discharge (when full) of 8 litres per second.

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

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

d)         Where above ground and the average depth is greater than 0.3 metres, a ‘pool type’ safety fence and warning signs must be installed.

e)         Not be constructed in a location that would impact upon the visual or recreational amenity of residents.

11.        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 AS2890.1, AS3727 and the following requirements:

a)         Design levels at the front boundary be obtained from Council.

b)         The driveway be a rigid pavement.

c)         The driveway grade must not exceed 25 percent and changes in grade must  not exceed 8 percent.

d)         The driveway pavement be a minimum 3 metres wide, 0.125 metres thick reinforced concrete with SL72 steel reinforcing fabric and a 0.15 metre sub-base.

e)         Longitudinal sections along both sides of the access driveway shall be submitted to the principal certifying authority in accordance with the relevant sections of AS 2890.1.  The maximum grade shall not exceed 1 in 4 (25%) with the maximum changes of grade of 1 in 8 (12.5%) for summit grades and 1 in 6.7 (15%) for sag grades.  Any transition grades shall have a minimum length of 2 metres.  The longitudinal sections shall incorporate the design levels obtained by Council.

12.        Vehicular Crossing

A separate application under the Local Government Act 1993 and the Roads Act 1993 must be submitted to Council for the installation of a new vehicular crossing and the removal of the redundant crossing.  The vehicular crossing must be constructed in accordance with AUS-SPEC Specifications (www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-conditions) and the following requirements:

a)         Design levels at the front boundary must be obtained from Council for the design on the internal driveway.

b)         Any redundant crossings must be replaced with integral kerb and gutter.

c)         The footway area must be restored by turfing.

Note:  An application for a vehicular crossing can only be made to one of Council’s Authorised Vehicular Crossing Contractors.  You are advised to contact Council on 02 9847 6940 to obtain a list of contractors.

13.        Appointment of a Project Arborist

a)         A project arborist with AQF Level 5 qualifications must be appointed.

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

14.        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.

15.        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.

16.        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.

17.        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.

18.        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.

19.        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 contain 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.

20.        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.

21.        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. 

22.        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.

23.        Landfill

a)         Prior to fill material being imported to the site, a Waste Classification Certificate shall be obtained from a suitably qualified environmental consultant confirming the fill wholly consists of Virgin Excavated Natural Material (VENM) as defined in Schedule 1 of the Protection of the Environment Operations Act 1997 or a material approved under the NSW Environment Protection Authority’s Resource Recovery Orders and Exemptions.

b)         The required Waste Classification Certificate must be obtained by the Principal Contractor prior to fill being imported to the site and made available to Council at its request.

24.        Excavated Material

All 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.

25.        Survey Report

A report(s) must be prepared by a registered surveyor and submitted to the principal certifying authority:

a)         Prior to the pouring of concrete at each level of the building certifying that:

i)          The building, retaining walls and the like have been correctly positioned on the site.

ii)          The finished floor level(s) are in accordance with the approved plans.

26.        Waste Management

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

27.        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.

28.        Fulfilment of BASIX Commitments

The applicant must demonstrate the fulfilment of BASIX commitments pertaining to the development.

29.        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.

30.        Creation of Easements (Application for Execution of Legal Documents)

The following easement is to be created on the title under the Conveyancing Act 1919: 

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

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

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

31.        Construction of engineering works

All engineering works identified in this consent are to be completed and a Compliance Certificate issued prior to the release of the Occupation Certificate.

32.        Swimming Pool Requirements

The construction and operation of the swimming pool must comply with the provisions of the Swimming Pool Act 1992, the Swimming Pool Regulation 2008, Australian Standard AS1926.1-3 Swimming Pool Safety and the following requirements:

a)         All waste water from the pool’s filtration system must be piped to Sydney Water’s sewer system.  In the event that Sydney Water’s sewer system is not accessible, a filtration system that does not require backwashing must be installed;

b)         The filtration motor and pump, or spa heater and blower unit must be housed in a soundproofed structure.  Sound from the equipment must not exceed 5(dBA) above ambient noise levels at any residential property boundary;

c)         A certificate shall be provided to the certifying authority upon installation of any swimming pool reticulation system verifying design and installation in accordance with Australian Standard AS1926.3 Water recirculation systems.

- END OF CONDITIONS -

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 (LSC) at www.longservice.nsw.gov.au.

Note:  The rate of the Long Service Levy is 0.25% of the total cost of the work (including GST).

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 (Biodiversity and Conservation) 2021 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).

Covenants

The land upon which the subject building is to be constructed may be affected by restrictive covenants.  Council issues this approval without enquiry as to whether any restrictive covenant affecting the land would be breached by the construction of the building, the subject of this consent.  Applicants must rely on their own enquiries as to whether or not the building breaches any such covenant.

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.

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

Alternatively, telephone SafeWork NSW on 13 10 50.

Rain Water Tank

It is recommended that water collected within any rainwater tank as part of the development be limited to non-potable uses. NSW Health recommends that the use of rainwater tanks for drinking purposes not occur where a reticulated potable water supply is available.