Supplementary Agenda of Local Planning Panel meeting

LPP Report No. LPP3/23

Local Planning Panel

Date of Meeting: 27/02/2023

2 ELECTRONIC - SECTION 8.2 REVIEW OF DA/1349/2021/A - SECTION 4.55(2) MODIFICATION OF AN APPROVED SELF STORAGE FACILITY TO INCREASE FSR - 28 SALISBURY ROAD, ASQUITH

EXECUTIVE SUMMARY

DA No:	DA/1349/2021/A (Lodged on 25 August 2022) (Section 8.2(1)(b) Lodged on 25 November 2022)
Description:	Section 8.2(1)(b) review of the Section 4.55(2) application for internal modifications to an approved self-storage unit facility including an increase in the floor space ratio
Property:	Lot 101 DP 771987, No. 28 Salisbury Road, Asquith
Applicant:	Chapter & Co Pty Ltd
Owner:	Salisbury Custodian (RS) Pty Ltd and Chapter & Co Pty Ltd
Estimated Value:	$9,339,328
Ward:	Ward B

· The modification application was refused by the Hornsby Local Planning Panel on 26 October 2022.

· The proposed modification contravenes the floor space ratio development standard under Clause 4.4 of the Hornsby Local Environmental Plan 2013.

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

· The application is required to be determined by the Hornsby Local Planning Panel as the development contravenes the maximum floor space ratio (FSR) development standard under Clause 4.4 of the Hornsby Local Environmental Plan 2013 by more than 10% and the panel determined the modification application.

· It is recommended that the application be approved.

RECOMMENDATION

THAT the Hornsby Local Planning Panel approve the section 8.2 review of the section 4.55(2) modification of Development Application No. DA/893/2021 for internal modifications to the approved self-storage unit facility at Lot 101 DP 771987, No. 28 Salisbury Road Asquith subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP3/23.

BACKGROUND

On 21 December 2021, Council received Development Application No. DA/1349/2021 for the demolition of the existing buildings on the site and the construction of a four storey self-storage facility comprising 568 self-storage units. During the assessment of the application, Council raised concerns with the proponent that the proposed floor space ratio of 1.278:1 (27.8% contravention of the HLEP development standard) was excessive and considered that the Clause 4.6 written request did not adequately demonstrate that compliance with the development standard was unreasonable or unnecessary in the circumstances of the case and did not demonstrate that there were sufficient environmental planning grounds to justify contravening the development standard. In response to Council’s concerns, the applicant submitted an amended proposal and Clause 4.6 which indicated a 1,204.6m² reduction in the gross floor area at Level 2 of the building and a contravention of the FSR development standard of the HLEP by 9.99% (FSR of 1.099:1).

On 28 July 2022, Council approved the four storey, self-storage facility development (Development Application No. DA/1349/2021).

On 25 August 2022, the applicant lodged the subject Section 4.55(2) application seeking internal modifications to the approved self-storage unit facility.

On 26 October 2022, the Hornsby Local Planning Panel refused the Section 4.55(2) application for the following reasons:

1. The proposed development is unsatisfactory in respect to Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979 with regard to the Hornsby Local Environmental Plan 2013 as follows:

1.1 The proposal would result in an increase in gross floor area (GFA), which would further contravene the floor space ratio development standard and is unacceptable with respect to Clause 4.4 ‘Floor space ratio’ of the Hornsby Local Environmental Plan 2013.

1.2 The applicant has not demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard and that the planning grounds are particular to the circumstances of the development.

2. In accordance with Section 4.55(2)(a) of the Environmental Planning and Assessment Act 1979, it is considered that the modified development is not substantially the same development as the development for which consent was originally granted as the intensity of the use would be substantially increased.

3. In accordance with Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979, the proposal does not comply with the desired outcome and the prescriptive measures of Hornsby Development Control Plan 2013 as follows:

3.1 The proposal does not comply with the ‘Scale’ prescriptive measures within Part 5.1.1(a) of the Hornsby Development Control Plan 2013 as the proposal seeks an increase in floor space ratio (FSR) above 1:1.

3.2 The proposal does not comply with the ‘Noise and Vibration’ prescriptive measures within Parts 1C.2.5 (e) and (f) of the Hornsby Development Control Plan 2013 as insufficient information has been provided to determine whether the proposed increase in the number of units and GFA would result in an acceptable increase in noise emissions emanating from the site.

4. In accordance with Section 4.15(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, it is considered that the proposed development would not be in the public interest and would result in undesirable environmental impacts.

At the time of writing, physical works relating to the approved four storey self-storage facility have not commenced.

SITE

The site is irregular in shape and has an area of 6,677.8 square metres. The site has a frontage of 87.435 metres to Salisbury Road, a northern boundary of 63.31 metres and a western boundary of 120.28 metres. The southern boundary is split into three portions with a length of 23.27 metre for the eastern end, a 48 metre central section, and a 17.5 metre western end.

Salisbury Road slopes down from north to south and the subject site is approximately level with the road level at the northern end of the site, however, gradually rises relative to the road level as the site progresses south. The site has been previously benched and has a relatively level upper platform, and the level change to the street is managed either via previously constructed retaining walls, or a natural embankment which is occupied by dense vegetation. The platform on the site rises to be approximately 6 to 7 metres above the street level.

The site is currently used as a self-storage facility as approved under DA/335/1996. The site is currently improved by a large 12 metre tall warehouse which is aligned to the eastern boundary of the site which extends south across the majority of the site. A smaller three storey office and warehouse component is annexed to the western side of the main warehouse. The southern end of the site is occupied by a large hardstand car parking area which is accessed via a driveway through the warehouse. There is a small hardstand area located at the north-eastern corner of the site.

Access to the site is provided via a driveway at the northern end of the frontage of the site to Salisbury Road.

The site is burdened by a variable width right-of-way and easement for electricity purposes to the southern side of the frontage.

The site is not mapped as bushfire prone or flood prone land.

Vegetation on the site is predominantly contained on the embankment on the western side, with one other tree at the northern end of the eastern boundary.

The site adjoins industrial land to the immediate west, east and south. The site is located approximately 20 metres to and zoned low density residential to the north and 35 metres to the west.

APPROVED DEVELOPMENT

On 28 July 2022, Council approved a four storey self-storage facility development comprising 568 self-storage units (Development Application No. DA/1349/2021) comprising the following works:

· Level 1 (Ground Floor)

o The ground level of the development includes a glazed administration office presenting to the site entrance. The administration component includes a reception area, office and amenities for staff.

o Internal vehicular circulation is provided with a one-directional driveway arrangement. The site would be capable of supporting Medium Rigid Vehicle (MRV) access.

o Vehicles enter the site from the upgraded and relocated driveway at the northern end of the street frontage, which will be wholly on the subject site and provides access to 4 parking spaces outside the office and a circulation driveway around the outside of the building. There are 8 vehicle storage spaces at the southern end of the site. There are three loading bays within the building which are each adjacent to a lift and fire stairs and which allow customers to unload goods from vehicles in the loading dock, transfer storage items into trolleys, and access the upper three floors via the lifts.

o The ground floor is occupied by 112 storage units which are either accessed externally from the ring road, or internally via a corridor. Portions of the storage units include voids above to provide for elevated storage for the ground level storage units.

o The ground floor contains bicycle parking, garbage room, and various plant rooms.

· Levels 2 to 4

o Levels 2 to 4 include a variety of small storage units across the floor, separated by corridors used for accessing and loading the storage units. The roof contains photovoltaic panels.

o Level 2 comprises 62 self-storage units, while levels 3 and 4 each have 197 units.

· Façade Expression and Materials and Finishes

o The northern portion of the building is comprised of fibre cement cladding in a panel arrangement with a glazed office element. The remainder of the building comprises a unifying skin of metal cladding which sits above a masonry base.

· Signage

o The approved development includes two illuminated building identification signs, with one at the top northern end of the western façade, and the other at the top western end of the northern facade. The approved development includes an illuminated pylon sign adjacent to the driveway entrance.

· Tree Removal

o The removal of 5 trees have been approved to facilitate the construction of the internal ring-road.

· Hours of Operation

The hours of operation of the premise have been approved to those times listed below:

o Office Hours Monday to Sunday 7am to 6pm

o Self-Storage Unit Hours Monday to Sunday 5am to 10pm

· A CCTV system and PIN code access (with data logging) is to be implemented throughout the building.

Section 8.2 Review PROPOSal

The Section 8.2 review application seeks internal modifications to the approved self-storage facility comprising the replacement of the high bay storage units on Level 1 with regular height storage units and the provision of regular height storage units on Level 2 at the location of the previous void.

All physical works subject to the Section 4.55(2) application are located at Level 2 and are wholly internal to the approved building footprint.

The proposed modifications to the approved floor plan would result in the provision of 125 additional self-storage units at Level 2.

The modification would result in an increase in the floor space ratio (FSR) to 1.28:1 (8,539m² GFA) from the approved FSR of 1.099:1.

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.

Part 5 of the Metropolis of Three Cities relates to “Productivity” and a key objective is to ensure industrial and urban services land is planned, retained and managed. It defines a light industry as a “wide range of business that service other business and populations. Include warehousing, freight and logistics, construction and building supplies, and domestic storage”. The strategy notes that light industry should be located on mixed lot sizes depending on the sizes and needs of the business as well as being located close to surrounding residential and commercial community they directly serve.

The internal modifications to an approved self-storage unit facility including an increase in the floor space ratio is consistent with A Metropolis of Three Cities and the North District Plan, by enabling further development of land that would serve a wide range of uses to support a growing population.

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 Environmental Planning and Assessment Act 1979 - Section 8.2

Section 8.2 of the Environmental Planning and Assessment Act 1979 (the Act) permits an applicant to request a review of a determination by a Council or Local Planning Panel within 6 months of the original determination date. Section 8.4 of the Act allows the consent authority to change the original determination.

In addressing the reasons for refusal outlined in the background section of this report, the applicant has submitted an Amended Acoustic Assessment prepared by Sutherland & Associates Planning dated November 2022 (D08541855) and Section 8.2 Review Planning Statement prepared by Sutherland & Associates Planning dated November 2022 (D08541372).

The Section 8.2 application was lodged within 6 months of the original determination date.

An assessment of the environmental planning grounds has been carried out in Section 2.3.4.3 of this report.

2.2 Environmental Planning and Assessment Act 1979 - Section 4.55(2)

The proposal constitutes an amendment under Section 4.55(2). Pursuant to Section 4.55(2) of the Environmental Planning and Assessment Act 1979, Council may consider an application to amend development consent provided that, inter alia:

“(a) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and

(b) it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 4.8) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

(c) it has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(d) it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be.

Subsections (1) and (1A) do not apply to such a modification.

(3) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 4.15 (1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified.

(4) The modification of a development consent in accordance with this section is taken not to be the granting of development consent under this Part, but a reference in this or any other Act to a development consent includes a reference to a development consent as so modified.

(5) (Repealed)

With respect to (a), it is considered that the proposal as amended is substantially the same as the development originally approved.

It is noted that during the assessment of the original development application, Council raised concerns with the proponent that the originally proposed floor space ratio of 1.278:1 (27.8% contravention of the HLEP development standard) was excessive, resulting in the applicant reducing the FSR to 1.099:1. The reduction in the FSR was determined to be appropriate and was a primary reason resulting in Council’s eventual support of the development.

The proposal would result in the provision of 125 additional self-storage units at Level 2 of the approved self-storage facility, resulting in a 1,204.6m²increase in gross floor area (GFA), an increase in the floor space ratio (FSR) to 1.28:1 (8,539m² GFA) from the approved FSR of 1.099.

The proposed amendments would not change the description of the approved development, which remains for the demolition of the existing buildings and construction of a four storey self-storage facility.

The proposed increase in the FSR would not result in any external alterations to the approved building, with the bulk and scale, parking provisions, vehicle access and egress and internal circulation of the development remaining substantially the same as the development originally approved.

There was no aspect of the approved development, which was important, material, or essential to the development when it was approved which is proposed to be removed or substantially altered. Accordingly, the proposed amendments to the approved development do not affect an aspect of the development that was considered an essential or critically important component of the overall development as originally approved.

In relation to noise impacts, this application for a Section 8.2 Review is supported by an Amended Acoustic Assessment prepared by Spectrum Acoustics which confirms that the proposed alterations are acoustically indistinguishable from the original proposal, apart from the likelihood of an additional 3 – 6 vehicles per hour during morning and afternoon peaks. A worst-case daytime assessment of vehicle movements associated with the modification is an increase from 5 vehicles in a 15-minute period (daytime peak) to 6 vehicles in a 15-minute period (daytime peak), and the amended proposal would still comply with minimum noise emission criteria. A worst-case night time assessment of vehicle movements associated with the modification is an increase from 3 vehicles in a 15-minute period (daytime peak) to 4 vehicles in a 15-minute period (daytime peak) and the amended proposal would still comply with minimum noise emission criteria.

The proposed increase in density as part of the modification application would not result in any adverse traffic impacts. The proposed increase in FSR would create an additional 3-6 vehicles per hour during the morning peak period and 4-6 vehicles per hour during the evening peak period compared with a strictly compliant FSR. This is a particularly small traffic generation and would not result in any perceptible impact to the local road network.

In conclusion, the proposed Section 4.55(2) modification application to the approved Development Consent DA/1349/2021 has demonstrated to satisfy the “substantially the same development test” pursuant to Section 4.55(2)(a).

Section 4.5(2)(b) is not applicable as the development is not an integrated development or a State significant development.

In accordance with Section 4.55(2)(c) and (d), the amended application was advertised, and no submissions have been received.

Section 4.55(3) of the Act requires Council as the consent authority to “take into consideration such of the matters referred to in section 4.15(1) as are of relevance to the development the subject of the application. The consent authority must also take into consideration the reasons given by the consent authority for the grant of the consent that is sought to be modified”.

With respect to an assessment of the matters referred to in Section 4.15(1) of the Act, these matters are addressed within the body of this delegated report. With respect to the reasons given by the consent authority for the grant of the consent that is sought to modified, the reasons provided in granting consent to DA/1349/2021 are as follows:

· 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, acoustics, parking, traffic, vegetation preservation, overshadowing, solar access, amenity or privacy.

· The Clause 4.6 variation seeking to contravene Clause 4.4 of the HLEP is considered well founded and is supported.

The proposal seeks to increase the contravention of the FSR development standard. As addressed in Sections 2.2 and 2.7 of this report, the proposal has been supported by sufficient information to determine that the proposed increase in GFA would not create unreasonable environmental impacts to adjoining development with regard to visual bulk, acoustics, parking, traffic, vegetation preservation, overshadowing, solar access, amenity or privacy.

With respect to the third bullet point, a Clause 4.6 written request is not required to support the application, as discussed in Section 2.2.4.1 of this report.

Council’s assessment has concluded that the modified development 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.

2.3 Hornsby Local Environmental Plan 2013

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

2.3.1 Zoning of Land and Permissibility

The subject land is zoned IN1 General Industrial under the HLEP. The objectives of the IN1 zone are:

· To provide a wide range of industrial and warehouse land uses.

· To encourage employment opportunities.

· To minimise any adverse effect of industry on other land uses.

· To support and protect industrial land for industrial uses.

· To permit other land uses that provide facilities or services to meet the day-to-day needs of workers in the area.

The proposed development is defined as ‘Self storage units’. The HLEP defines the uses as follows:

Self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).

The development is permissible in the zone with Council’s consent. The development is consistent with the objectives of the zone as it would allow a wide range of industrial land uses, encourage employment opportunities and maintain land for industrial uses.

2.3.2 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 14.5m. The subject application does not seek to alter the approved 14.5m building height and complies with this provision.

2.3.3 Floor space ratio

In accordance with Clause 4.4 of the HLEP, the maximum floor space ratio (FSR) for the site is 1:1.

The approved development (DA/1349/2021) has a gross floor area (GFA) of 7,334.4m², equating to a FSR of 1.099:1 (9.99% contravention of the FSR development standard).

The subject Section 4.55(2) modification seeks to increase the FSR to 1.28:1 (8,539m² GFA) and results in a 28% contravention to the 1:1 FSR Development standard under Clause 4.4 of the HLEP.

Section 2.2.4 of this report discusses the increased contravention of the FSR development standard.

2.3.4 Exceptions to Development Standards

2.3.4.1 Application of Clause 4.6 to Section 4.55 Modifications

A Section 4.55 modification application can be approved by a consent authority without a Clause 4.6 written request even though it would contravene a development standard. The relevant judgments (originating with North Sydney Council v Michael Standley & Associates Pty Ltd [1998] NSWSC 163) say that section 96 (now S4.55) is a ‘free-standing provision’, meaning that “a modification application may be approved notwithstanding the development would be in breach of an applicable development standard were it the subject of an original development application”. What this means is that it is Section 4.55 itself which authorises the development to be approved notwithstanding any contravention of a development standard. Section 4.55 is a broad power to approve, subject to its own stand-alone tests (such as the “substantially the same” test, and a requirement to consider all relevant S4.15 matters). Section 4.55 does not rely upon having any Clause 4.6 contravention to enliven that power to approve.

In Gann v Sutherland Shire Council (2008), Council argued that it would be illogical if a developer could obtain a development consent for a compliant development, and then avoid the need for any a Clause 4.6 contravention by lodging a S4.55 modification to increase the building’s bulk to breach the applicable development standard. The Court however cautioned that:

“This does not mean that development standards count for nothing. Section 96(3) still requires the consent authority to take into consideration the matters referred to in s79C [now s4.15], which in turn include the provision of any environmental planning instrument. That is, any development standard in an environmental planning instrument must be taken into consideration by the consent authority, but the absolute prohibition against the carrying out of development otherwise than in accordance with the instrument in s76A(1) does not apply.”

Section 96 (now S4.55) itself has not been amended since these decisions were given. It still authorises modification-approval to be given even where there is a breach of development standards. As such, Clause 4.6 is not applicable to a Section 4.55 modification - they only arise at DA stage. Indeed, the Courts have stated that Clause 4.6 cannot ever be used at section S4.55 stage as it only applies ‘where a development application is made’, not when a modification application is made.

Whilst a formal Clause 4.6 written request is not required for the subject Section 4.55 application, the consent authority is still required to assess the merit of any proposed contravention of a development standard, namely:

· Whether compliance with the development standard is unreasonable or unnecessary in the circumstances of the case.

· Whether there are sufficient environmental planning grounds to justify contravening the development standard.

· Whether the proposed development will be in the public interest.

The approved development (DA/1349/2021) has a gross floor area (GFA) of 7,334.4m², equating to a floor space ratio (FSR) of 1.099:1 (9.99% contravention of the FSR development standard). The application seeks to increase the FSR to 1.28:1 (8,539m² GFA) and results in a 28% contravention to the 1:1 FSR development standard under Clause 4.4 of the HLEP.

The objective of Clause 4.4 Floor space ratio of the HLEP is as follows:

To permit development of a bulk and scale that is appropriate for the site constraints, development potential and infrastructure capacity of the locality.

The applicant has submitted written justification prepared by Sutherland & Associates Planning in support of the contravention to the development standard as part of the Section 4.55 modification.

2.3.4.2 Unreasonable or Unnecessary

There are five common methods by which an applicant can demonstrate that compliance with a development standard is unreasonable or unnecessary in the circumstances of the development. Initially proposed for objections under clause 6 of SEPP 1 in the decision of Wehbe v Pittwater Council [2007] NSWLEC 827 Pearson C summarised and applied these methods to written requests made under Clause 4.6 in Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009 [61-62]. These five methods are generally as follows:

1. The objectives of the development standard are achieved notwithstanding non-compliance with the standard.

2. The underlying objective or purpose is not relevant to the development.

3. That the objective would be defeated or thwarted if compliance was required.

4. That the development standard has been virtually abandoned or destroyed by the Council’s own actions in departing from the standard.

5. The zoning of the land is unreasonable or inappropriate.

It is not required to demonstrate that a development meets multiple methods as listed above, and the satisfaction of one can be adequate to demonstrate that the development standard is unreasonable or unnecessary.

The submitted Section 8.2 Review Planning Statement prepared by Sutherland & Associates Planning provides justification for the contravention of the FSR development standard by seeking to demonstrate that compliance with the development standard is unreasonable or unnecessary in the circumstances of the development, provided as follows:

· The proposed amendment to the approved development provides for additional self-storage units within the established environmental capacity of the site, without any external visual change or impact to the approved development, and without any meaningful adverse traffic or noise impact

With reference to the reasoning provided by the applicant, Council agrees with the conclusion that the proposed increase in floor area meets the objectives of Clause 4.4 of the HLEP. In reaching this conclusion the following points are noted:

· The proposal has adequately demonstrated that the proposed increase in intensity of the use is appropriate for the site constraints, development potential and infrastructure capacity of the locality.

· The subject site directly adjoins a residential land zone and therefore the intensity of development on an industrial zoned site is required to be suitable for the locality having regard to acoustics, vehicle and pedestrian movements and amenity. The amended Acoustic Report demonstrates that the proposed modification would be acoustically indistinguishable from the original approved development except for the likelihood of an additional 3-6 vehicles per hour during morning and afternoon peaks.

· It has been demonstrated that the amended proposal retains an identical bulk and scale as the approved development, which is as anticipated by the planning controls and the increased density does not result in any adverse impact or implication for infrastructure capacity.

· Council acknowledges that there may not be market demand for double height self-storage units.

For the reasons outlined above, it is considered that the application has adequately demonstrated that the objectives of the FSR development standard contained within Clause 4.4 of the HLEP are achieved.

2.3.4.3 Environmental Planning Grounds

In addition to demonstrating that compliance is unreasonable or unnecessary, Clause 4.6(3)(b) of the HLEP requires that there are sufficient environmental planning grounds to justify contravening the development standard. In demonstrating that sufficient environmental planning grounds exist, it must be demonstrated that the planning grounds are particular to the circumstances of the development on the subject site (summarised from Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009 [60].

In demonstrating the environmental planning grounds the submitted Section 8.2 Planning Statement states:

· The proposed amendment is as a consequence of the future operator confirming that there is no market demand for double height self-storage units as there is insufficient room to efficiently make use of the height within the storage unit. Accordingly, it is necessary to reduce the height and insert self-storage units on Level 2 above the Level 1 units to achieve conventional proportions for the self-storage units on Level 1 and make use of the redundant volume on Level 2.

· The increase in the FSR does not result in any change whatsoever to the overall approved building envelope or bulk and scale of the development, and will not result in any external change to the building. Therefore, there is no material impact associated with the proposed amendment which would warrant refusal of the proposed modification.

· The proposed amendment only actually increases the overall Gross Floor Area of the approved development by 16.4% which is very minor and does not represent any meaningful change to the approved density of the overall development.

· The increased density of storage area on the site as a result of the proposed FSR variation does not give rise to any unreasonable impacts on the adjoining properties or the locality generally. Self-storage is a very low traffic generating use and therefore the density proposed does not result in any adverse traffic impacts, noting that the proposed entire development with the increased floor space will only generate a total of 11-21 vehicles per hour during the morning peak period and 13-22 vehicles per hour during the evening peak period. The proposal seeks a total FSR variation of 27.8% which on a pro-rata basis only results in an additional 3-6 vehicles per hour during the morning peak period and 4-6 vehicles per hour during the evening peak period. This is a particularly small traffic generation and will not result in any perceptible impact to the local road network.

· Having regard to the planning principle established in the matter of Project Venture Developments v Pittwater Council [2005] NSWLEC 191 most observers would not find the amended development offensive, jarring or unsympathetic to its location and the amended development will remain compatible with its context, notwithstanding the minor increase in Gross Floor Area.

Council considers that the applicant has demonstrated that there are sufficient environmental planning grounds to justify contravening the development standard and that the planning grounds are particular to the circumstances of the development. The Section 8.2 Review application has been supported by sufficient information to determine that the proposed increase in GFA would not create unreasonable environmental impacts to adjoining development with regard to visual bulk, acoustics, parking, traffic, vegetation preservation, overshadowing, solar access, amenity or privacy.

The proposal is acceptable in this regard.

2.3.4.4 Public Interest

Clause 4.6(4) states that development consent must not be granted for development that contravenes a development standard unless:

(a) The consent authority is satisfied that:

(i) The applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii) The proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b) The concurrence of the Planning Secretary has been obtained.

With regard to part (a), the proposed development is considered to be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, as discussed in Section 2.2.4.3.

With regard to part (b), on 21 February 2018, the Secretary of the Department of Planning and Environment issued a Notice under clause 64 of the Environmental Planning and Assessment Regulation 2000. The Secretary’s concurrence may not be assumed by a delegate of council if:

· The development contravenes a numerical standard by greater than 10%.

· The variation is to a non-numerical standard.

Local Planning Panels constituted under the Environmental Planning and Assessment Act 1979 exercise consent authority functions on behalf of a Council and are not delegates of Council. Therefore, Local Planning Panels may determine a development application notwithstanding, a numerical non-compliance in excess of 10%.

2.3.5 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The site does not include a heritage item, is not located in the vicinity of a heritage item and is not located in a heritage conservation area. Accordingly, no further assessment regarding heritage is necessary.

2.3.6 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 Section 8.2 review application exclusively comprises modifications to the floor plan at Level 2 and does not seek any alterations to the approved earthworks or the approved development at the ground floor level.

The proposal complies with Clause 6.2 of the HLEP.

2.4 State Environmental Planning Policy (Biodiversity and Conservation) 2021

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

2.4.1 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.

All physical works subject to the Section 8.2 review application would be located at Level 2 and would be internal to the approved building footprint. Accordingly, further assessment under Chapter 2 of State Environmental Planning Policy (Biodiversity and Conservation) 2021 is not required.

2.4.2 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 the sediment and erosion control measures and stormwater management measures imposed as conditions under the original consent, 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.

2.5 State Environmental Planning Policy (Industry and Employment) 2021

The application has been assessed against the requirements of chapter 3 of State Environmental Planning Policy (Industry and Employment) 2021.

2.5.1 Advertising and Signage

The approved signage was assessed against the requirements of SEPP 64 (now repealed).

The proposal does not seek any modifications to the approved signage and satisfies the assessment criteria under Schedule 5 and is consistent with the objectives of the Industry and Employment SEPP.

2.6 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 Hazards) 2021.

2.6.1 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.

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 warehousing/industrial purposes.

A Detailed Site Investigation prepared by Epic Environmental was submitted with the original Development Application and Council raised no objections with regard to land contamination on the site. Accordingly, no further assessment is necessary under chapter 4 of State Environmental Planning Policy (Resilience and Hazards) 2021.

2.7 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.

2.8 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 5 Industrial
Control	Approved	Proposed	Requirement	Compliance
Site Area	6,677.8m²	6,677.8m²	N/A	N/A
Gross Floor Area	7,334.4m²	8,539m²	N/A	N/A
Floor Space Ratio	1.099:1	1.28:1	1:1	No
Ancillary office space	0.83%	0.72%	Max 30%	Yes
Height	14.5m	14.5m	14.5m	Yes - Unchanged
No. storeys	4 storeys	4 storeys	3 storeys	No - Unchanged
Setbacks
Front (Salisbury Road)	21.9m	21.9m	5m	Yes - Unchanged
Side (west)	8.44m	8.44m	0m	Yes - Unchanged
Side (north)	6.9m	6.9m	0m	Yes - Unchanged
Rear (east)	20.6m	20.6m	0m	Yes - Unchanged
Driveway Setback	1.2m-5.5m	1.2m-5.5m	2m	No - Unchanged
- west	1.2m-5.5m	1.2m-5.5m	2m	No - Unchanged
- north	0m	0m	2m	No - Unchanged
- east	1.2m-7.5m	1.2m-7.5m	2m	No - Unchanged
Car Parking
- Staff and visitor	12 spaces	12 spaces	11 spaces	Yes - Unchanged
- Motorcycle	1 space	1 space	1 space	Yes - Unchanged
- Bicycle	7 spaces	7 spaces	7 spaces	Yes - Unchanged
Employee Outdoor Area	16m²	16m²	8m²	Yes - Unchanged

As detailed in the above table, the development complies with the prescriptive measures within the HDCP, with the exception of the floor space ratio. A brief discussion on compliance with relevant performance requirements and Part 1C General Controls is provided below.

2.8.1 Transport and Parking

The application has not been accompanied by a traffic impact assessment. It is noted that the original development application was supported by a Traffic Impact Assessment prepared by Traffix dated 9 September 2021.

Parking

Neither the HDCP nor the RMS’s “Guide to Traffic Generating Developments” (October 2002) incorporate a parking requirement specifically for self-storage developments. The originally submitted Traffic Report determined that a total of 11 car parking spaces were required to service the approved development given that the Gross Floor Area was within the 6,000m²- 9,000m² Maximum Leasable Area (MLA) category. The approved development includes 12 parking spaces and Council’s traffic branch concurred that these spaces are adequate to service the premises.

Given that the proposed gross floor area would continue to be within the 6,000m²-9,000m²MLA category, Council’s traffic assessment has determined that the 12 approved on-site car parking spaces would be adequate for the proposal.

Traffic Generation

Neither the HDCP nor the RMS’s “Guide to Traffic Generating Developments” (October 2002) incorporate a land use traffic generation rate for self-storage developments. The Traffic Report submitted with the original development application states that the traffic generation of proposed developments can be estimated based on the Facility Traffic & Parking Study (SSFTPS) prepared by Aurecon in 2009 that was undertaken to identify the typical vehicle parking demands and trip generations of self-storage units to be applied throughout Australia. In accordance with the SSFTPS, the approved development falls within the 6,000m²- 9,500m² MLA range, which identify the following anticipated traffic generation during a typical weekday:

· Average of 11 vehicles per hour and 95th percentile of 21 vehicles per hour during the morning peak period.

· Average of 13 vehicles per hour and 95th percentile of 22 vehicles per hour during the evening peak period.

The estimation is in line with Council’s observation for similar businesses in the Hornsby Shire.

Council’s traffic assessment supports this estimation of traffic generation and raises no concerns with the proposed increase in gross floor area having regard to traffic generation.

Section 2.7.3 of this report addresses the implications of the increase in traffic and pedestrian movements on acoustic generation.

2.8.2 Waste Management

The Waste Management Plan approved under the original development application indicates that waste services will not be provided for tenants of the storage units in accordance with industry practice. Council’s original assessment noted that the waste and recycling generated by the office will be adequately contained in 3 x 240L garbage bins and 2 x 240L recycling bins.

The bins are approved to be stored in the separate waste room within the building. The size of the room was considered by Council in its assessment of the original application to be sufficient for the office. The size of the office would remain unaltered as part of the subject Section 4.55 application. Accordingly, the approved bin storage room is of adequate size to support the amended design.

The application does not seek any modifications to the approved on-site waste collection arrangement, whereby the site would be accessed by a Medium Rigid Vehicle (MRV) to collect bins from outside the waste room from the car park.

The proposal is deemed acceptable having regard to the Waste Management requirements of the HDCP.

2.8.3 Noise and Vibration

The subject Section 4.55(2) application has not been supported by an Acoustic Assessment.

Part 1C.2.5 of the HDCP applies to the development and aims to attenuate noise as best as possible to minimise disturbance to surrounding sensitive land uses. The site is located within an industrial precinct and adjacent to residential zones to the north and west.

The Acoustic Assessment and addendum provided as part of the original Development Application concluded that the acoustic impacts of the development on nearby commercial and residential receivers complied with relevant guidelines and protocols including the Noise Policy for Industry (NPI) 2017 (formerly the NSW Industrial Noise Policy 2000) and the Hornsby Shire Council Noise Guideline. The assessment included the impacts of traffic noise, noise generated by plant and equipment, night time noise and potential sleep disturbance. Council’s assessment of the approved development concurred with the findings of the Acoustic Report and Addendum Letter and determined that the proposal complied with the relevant noise criteria, subject to conditions imposed under the consent.

The proposed modifications to the approved floor plan would result in the provision of 125 additional self-storage units at Level 2. Given the proposed increase in the number of units, Council’s acoustic assessment of the subject Section 4.55 application determined that additional vehicular movements and pedestrian movements are anticipated as a result.

This application for a Section 8.2 Review is supported by an Amended Acoustic Assessment prepared by Spectrum Acoustics which confirms that the proposed alterations are acoustically indistinguishable from the original proposal, apart from the likelihood of an additional 3 – 6 vehicles per hour during morning and afternoon peaks. A worst-case daytime assessment of vehicle movements associated with the modification is an increase from 5 vehicles in a 15-minute period (daytime peak) to 6 vehicles in a 15-minute period (daytime peak), and the amended proposal would still comply with minimum noise emission criteria. A worst-case night time assessment of vehicle movements associated with the modification is an increase from 3 vehicles in a 15-minute period (daytime peak) to 4 vehicles in a 15-minute period (daytime peak) and the amended proposal would still comply with minimum noise emission criteria.

The proposal has now adequately addressed the ‘Noise and Vibration’ prescriptive measures within Parts 1C.2.5 (e) and (f) of the Hornsby Development Control Plan 2013.

2.8.4 Floor space ratio

The application proposes an FSR of 1.28:1. The HLEP and HDCP requires a maximum FSR of 1:1 and the proposal does not comply in this respect.

Section 2.2.4 of this report addresses the floor space ratio non-compliance. It is considered that the application demonstrates that compliance with the FSR development standard is reasonable and necessary in this instance.

2.9 Section 7.12 Contributions Plans

Hornsby Shire Council Section 7.12 Contributions Plan 2019-2029 applies to the development as the estimated costs of works is greater than $100,000. An appropriate condition has been imposed on the consent requiring the payment of a contribution in accordance with the Plan.

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 Social Impacts

The social impacts of the development on the local and broader community have been considered with specific reference to potential employment generation within the facility during operation and construction. This is consistent with the State Government’s Greater Sydney Region Plan – A Metropolis of Three Cities’ which identifies the need to provide an additional 689,000 new jobs by 2031.

3.2 Economic Impacts

The proposal would have a minor positive impact on the local economy in conjunction with other industrial 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 site directly adjoins a residential land zone and it is considered that the intensity of development is suitable for the locality having regard to acoustics, vehicle and pedestrian movements and residential amenity. The intensity 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 29 November 2022 and 16 December 2022 in accordance with the Hornsby Community Engagement Plan. During this period, Council received nil 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

5.2 Public Agencies

The development application was not referred to any Public Agencies for comment.

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 proposed modifications to the approved development 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 Section 8.2 review application proposes internal modifications to the approved self-storage facility.

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

Having regard to the circumstances of the case, approval of the section 8.2 review is recommended.

The reasons for this decision are:

· The request under Clause 4.6 of Hornsby Local Environmental Plan 2013 to contravene the Clause 4.4 Floor Space Ratio 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 complies with the requirements of the relevant environmental planning instruments and the Hornsby Development Control Plan 2013.

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 George Papworth.

Cassandra Williams

Major Development Manager - Development Assessments

Planning and Compliance Division

Rod Pickles

Manager - Development Assessments

Planning and Compliance Division

Attachments:

1.⇩	S4.55 Architectural Plans
2.⇩	Section 8.2 Review Planning Statement
3.⇩	Section 4.55 Planning Statement
4.⇩	S4.55 Acoustic Assessment
5.⇩	Approved Plans

File Reference: DA/1349/2021/A/PUBLICACCESS

Document Number: D08576238

SCHEDULE 1

Date of this modification:
Details of this modification:	Section 8.2(1)(b) review of the Section 4.55(2) application for internal modifications to an approved self-storage unit facility including an increase in the floor space ratio
Conditions Added:	Nil
Conditions Deleted:	Nil
Conditions Modified:	1

GENERAL CONDITIONS

The conditions of consent within this notice of determination have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the relevant legislation, planning instruments and Council policies affecting the land and does not disrupt the amenity of the neighbourhood or impact upon the environment.

Note: For the purpose of this consent, the term ‘applicant’ means any person who has the authority to act on or the benefit of the development consent.

Note: For the purpose of this consent, any reference to an Act, Regulation, Australian Standard or publication by a public authority shall be taken to mean the gazetted Act or Regulation or adopted Australian Standard or publication as in force on the date that the application for a construction certificate is made.

1. Approved Plans and Supporting Documentation

The development must be carried out in accordance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by Council and/or other conditions of this consent:

Approved Plans

*Plan No.*	*Plan Title*	*Drawn by*	*Dated*	*Council Reference*
A101-A, Rev A	Site Plan	Mijollo International	7.12.21	D08458502
A105-A, Rev A	Demolition Plan	Mijollo International	7.12.21	D08458502
A107-A, Rev A	Excavation Plan	Mijollo International	7.12.21	D08458502
A201-C, Rev C	Level 01 Plan	Mijollo International	13.4.22	D08458502
~~A202-B, Rev B~~	~~Level 02 Plan~~	~~Mijollo International~~	~~13.4.22~~	~~D08458502~~
A202-C Rec C	Level 02 Plan	Mijollo International	4.8.22
A203-B, Rev B	Levels 03 – 04	Mijollo International	11.1.22	D08458502
A204-C, Rev C	Roof Plan	Mijollo International	13.4.22	D08458502
A301-B, Rev B	North & East Elevations	Mijollo International	11.1.22	D08458502
A302-B, Rev B	South & West Elevations	Mijollo International	11.1.22	D08458502
A310-A, Rev A	Materials & Finishes	Mijollo International	7.9.21	D08458502
~~A401-C, Rev C~~	~~Sections~~	~~Mijollo International~~	~~13.4.22~~	~~D08458502~~
A401-D, Rev D	Sections	Mijollo International	4.8.22
A501-A, Rev A	Signage Plan	Mijollo International	7.12.21	D08458502
L01, Issue A	Landscape Plan	Susan Read Landscapes	9.9.21	D08458502

Supporting Documents

*Document Title*	*Prepared by*	*Dated*	*Council Reference*
Waste Management Plan	Mijollo International	25.1.22	D08361141
Arboricultural Impact Assessment	Urban Arbor	2.12.21	D08319923
Amended Acoustic Assessment	Spectrum Acoustics	Nov 2022	D08541855
Construction Traffic Management Plan	Traffix Traffic & Transport Planners	8.12.21	D08319907
Geotechnical Investigation	Ade Consulting Group	20.1.2017	D08319904

2. Amendment of Plans

a) To comply with Council’s requirement in terms of landscaping, the approved Site Plan dated 7.12.21 (Reference A101-A Rev A) and Plan Level 01 dated 13.04.22 (Reference No. A201-C, Rev C) prepared Mijollo International and Landscape Plan dated 9.9.21 (Reference No. L01, Issue A) prepared by Mijollo International are to be amended as follows:

i) The demolition of the existing concrete pad and any existing structures within the front setback.

ii) The existing hardstand area to the northern side of the Salisbury Road frontage is to be replaced with landscaping comprising grass, shrubs and a minimum of 4 native trees as follows:

a. The species of plantings are to be generally consistent with the Planting Schedule as shown on the Landscape Plan, such as Lilly Lilly trees, Banksia shrubs and Silver Lady groundcovers.

b. The density of plantings is to be consistent with the proposed plantings to the northern side of the frontage.

c. All trees must be located in the front setback and planted 4 metres or greater from the foundation walls of the approved development.

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

e. The pot size of trees must be a minimum 45 litres.

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

3. Removal of Existing Trees

This development consent permits the removal of five trees numbered 1, 2, 3, 4 and 22 as identified on pages 9-19 in the Arboricultural Impact Assessment prepared by Urban Arbor dated 2/12/2021.

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

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

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

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

5. Section 7.12 Development Contributions

a) In accordance with Section 4.17(1) of the Environmental Planning and Assessment Act 1979 and the Hornsby Shire Council Section 7.12 Development Contributions Plan 2019-2029, $93,393.25 must be paid towards the provision, extension or augmentation of public amenities or public services, based on development costs of $9,339,328.

b) The value of this contribution is current as of 7 July 2022. If the contributions are not paid within the financial quarter that this consent is granted, the contributions payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 7.12 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$C_PY	=			$C_DC x CPI_PY
				CPI_DC

Where:

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

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

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

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

c) The monetary contributions shall be paid to Council:

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

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: The Hornsby Shire Council Section 7.12 Development Contributions Plan may be viewed at www.hornsby.nsw.gov.au or a copy may be inspected at Council’s Administration Centre during normal business hours.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

6. Appointment of a Project Arborist

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.

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

7. Building Code of Australia

Detailed plans, specifications and supporting information is required to be submitted to the certifying authority detailing how the proposed building work achieves compliance with the National Construction Code - Building Code of Australia. All building work must be carried out in accordance with the requirements of the National Construction Code - Building Code of Australia.

8. Fire Safety Schedule

A schedule of all proposed essential fire safety measures to be installed in the building (e.g. hydrants, hose reels, emergency warning systems etc.) shall be submitted with the construction certificate application.

9. Identification of Survey Marks

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

10. Stormwater Drainage

a) The stormwater drainage system for the development must be designed in accordance with AUS-SPEC Specifications

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

b) Connected directly to the Council’s street drainage system in Salisbury Road.

i) Where public assets and utilities are impacted by proposed works, the Applicant shall relocate or reconstruct the asset or utility in accordance with the relevant standard at the Applicant’s cost;

ii) Prior to the issue of an Occupation Certificate a Compliance Certificate must be obtained from Council for the connection to Council’s drainage system.

c) The existing kerb inlet pit is to be replaced with a Butterfly Pit generally in accordance with the plans prepared by Henry and Hymas Consulting Engineers.

d) A new kerb inlet pit with a 1.8m inlet is to be constructed downstream of the proposed access to the development site.

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

11. On Site Stormwater Detention/WSUD

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

b) Have a capacity of not less than 32.5 cubic metres, and a maximum discharge (when full) of 213 litres per second.

c) The on-site detention system is incorporate a water saving treatment generally in accordance with the stormwater plans prepared by Henry and Hymas.

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

e) 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.

12. 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, AS2890.2, 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 15.4 percent and changes in grade must not exceed 6.25 percent in 7m of travel.

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

e) The provision of safety rails where there is a level difference more than 0.3 metres and a 1:4 batter cannot be achieved.

13. Waste Management Details

The following waste management requirements must be complied with:

a) There must be no steps along any bin carting route. Ramps and service lifts are acceptable.

b) A design certificate and detailed plans are to accompany any Construction Certificate application, which demonstrate that all waste storage room(s) have been designed to be constructed in accordance with the Waste Minimisation and Management Guidelines and including the following requirements:

i) The floor is to be constructed of concrete at least 75mm thick and adequately graded to drain to a Sydney Water approved drainage fitting.

ii) The floor must be finished so that it is non-slip, sealed and impervious, and has a smooth and even surface coved at all intersections.

iii) The ceilings and walls must be finished with smooth faced non-absorbent material capable of being cleaned.

iv) The room is to be provided with artificial light controllable within the room and adequate ventilation.

v) The room is to be provided with an adequate supply of hot and cold water mixed through a centralised mixing valve with hose cock.

vi) The doors are to be robust and lockable, with a door opening of no less than 2m. The doors must be able to be opened from inside the room without a key.

vii) The bin storage room must have sufficient space to comfortably house the required number of bins (3 of 240 L garbage bins and 2 of 240 L recycling bins) and aisle space to access and manoeuvre these bins with every bin being accessible (no stacking of bins 2 or more deep) by persons with a disability (in accordance with AS1428).

14. 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 via Council’s Online Services Portal for review and written approval. The CMP must include the following details:

a) 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.

b) 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.

c) 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.

d) 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.

e) Identification of approved sediment and erosion control measures.

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

Note: The CMP must be lodged via Council’s Online Services Portal at: https://hornsbyprd-pwy-epw.cloud.infor.com/ePathway/Production/Web/Default.aspx and by selecting the following menu options: Applications > New Applications > Under ‘Application Types’: Management Plans.

15. Mechanical Equipment

A mechanical plant noise assessment for all proposed mechanical equipment must be undertaken by a suitably qualified Acoustic Consultant and a report be submitted to the PCA prior to the issue of the construction certificate. The report must certify that the operation of all proposed mechanical plant will not exceed the project noise trigger levels as detailed in the Acoustic Assessment, prepared by Spectrum Acoustics, dated February 2022 reference 212174-9425 (TRIM: D08361155), at any boundary upon installation.

16. Certification of Traffic Engineer

Prior to the issue of a Construction Certificate, a Certificate from an appropriate qualified Traffic Engineer is to be submitted to the Principal Certifying Authority (PCA) certifying that the parking modules and loading areas comply with AS 2890.1 Off-street car parking 2004 and AS 2890.2 Off-street commercial vehicle facilities 2002.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

17. Erection of Construction Sign

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

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

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

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

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

18. Protection of Adjoining Areas

A temporary hoarding, fence or awning must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of the works if the works:

a) Could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic.

b) Could cause damage to adjoining lands by falling objects.

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

d) Have been identified as requiring a temporary hoarding, fence or awning within the Council approved Construction Management Plan (CMP).

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

19. 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.

20. 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.

21. Garbage Receptacle

a) A garbage receptacle must be provided at the work site before works begin and must be maintained until all works are completed.

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

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

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

22. Installation of Tree Protection Measures

a) Trees to be retained and numbered 5-21, 23-98 and G3 as identified on the Tree Protection Plan located on page 37 of the Arboricultural Impact Assessment prepared by Urban Arbor dated 2/12/2021 (TRIM: D08319923) 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 Protection Plan for prepared by Urban Arbor dated 2/12/2021.

ii) For the duration of construction works, in accordance with Tree Protection Plan prepared by Urban Arbor dated 2/12/2021.

b) Tree protection fencing for the trees to be retained numbered 5-21, 23-98 and G3 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

23. Construction Work Hours

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

24. Demolition

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

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

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; and

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.

25. 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.

26. 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.

27. 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.

28. 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.

29. Waste Management

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

30. 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

31. 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 to be retained on the approved plans.

32. Maintaining Tree Protection Measures

Tree Protection Measures must be maintained by the project arborist in accordance with the conditions of this consent for the duration of works.

33. 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 30mm.

b) To minimise impacts within the Tree Protection Zone (TPZ) of trees numbered 5-21, on the approved plans, the installation of services must be undertaken as follows:

i) The AQF 5 project arborist must be present to oversee the installation of any underground services which enter or transect the tree protection.

ii) The installation of any underground services which either enter or transect the designated TPZ must be undertaken manually.

iii) For manually excavated trenches the AQF 5 project arborist must designate roots to be retained. Manual excavation may include the use of pneumatic and hydraulic tools.

34. Building materials and Site Waste

The stockpiling of building materials, the parking of vehicles or plant, the disposal of cement slurry, waste water or other contaminants must be located outside the tree protection zones as prescribed in the conditions of this consent of any tree to be retained.

35. Construction Vehicles

a) All construction vehicles associated with the proposed development are to be contained on site or in a Local Traffic Committee (LTC) approved “Works Zone”.

b) The site supervisor to be advised that the Works Zone will be deemed to be in effect, and fees will apply, between the dates nominated by the supervisor, or when parking spaces are managed for the sole use of construction vehicles associated with the site.

c) The Works Zone signs shall be in effect only for the times approved by Council, and the time is to be noted on the sign. E.g., ‘Works Zone Mon – Sat 7am – 5pm’.

d) The applicant is required to supply a sign posting installation plan for referral to the Local Traffic Committee, noting on it the duration of the Works Zone.

e) The Works Zone is only to be used for the loading and unloading of vehicles. Parking of workers’ vehicles, or storage of materials, is not permitted.

36. Street Sweeping

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

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

37. Landfill not Permitted

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

38. 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.

39. Maintenance of Public Footpaths

Public footpaths must be maintained for the duration of works to ensure they are free of trip hazards, displacements, breaks or debris to enable pedestrians to travel along the footpath safely.

40. 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.

41. 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.

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

42. 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.

43. Retaining Walls

All required retaining walls must be constructed as part of the development.

44. Fire Safety Statement – Final

In accordance with the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, upon completion of the building, the owner must provide Council with a certificate in relation to each fire safety measure implemented in the building.

45. Replacement Tree Requirements

a) The existing hardstand area to the northern side of the Salisbury Road frontage is to be replaced with landscaping comprising grass, shrubs and a minimum of 4 native canopy trees.

b) All required landscaping works are to be completed in accordance with the approved landscape plans.

c) 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

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

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

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 at the time of planting.

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

46. Landscaping Certification

A certificate must be submitted to the PCA by a practicing landscape architect, horticulturalist or person with similar qualifications and experience certifying that all required landscaping works have been satisfactorily completed in accordance with the approved landscape plans.

47. Final Tree Certification

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

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

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

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

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

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

g) 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.

48. 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.

49. Water Saving Urban Design

A Water Saving Urban Design (WSUD) is to be constructed generally in accordance with the engineering report and plans prepared Henry and Hymas Consulting Engineers. The Water Quality Targets as detailed within the report and Hornsby Development Control Plan 2013 are to be achieved in the design and supported by a MUSIC model.

50. Creation of Easements

The following easements are to be created on the title of property in accordance with 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, water saving facility 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.

51. 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 on-site detention system.

52. 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.

d) Approval must be obtained from all relevant utility providers that all necessary conduits be provided and protected under the crossing.

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.

53. 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.

54. 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.

55. Asbestos Clearance Certificate

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

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

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

57. External Lighting

a) To protect the amenity of adjacent premises, all lighting on the site must be controlled as to not cause a nuisance to other residences in the area. Flashing, moving or intermittent lights or signs are prohibited.

b) All external lighting must be designed and installed in accordance with Australian Standard AS 4282 – Control of the Obtrusive Effects of Outdoor Lighting.

c) Lighting outside approved hours of operation must be sensor security lighting only and angled internally at a low level.

d) Certification of compliance with this Standard must be obtained from a suitably qualified person and submitted to the PCA with the application for the Occupation Certificate.

58. CCTV and PIN Code Access

A CCTV system and PIN code access (with data logging) is to be installed throughout the building. Certification of compliance with this condition must be obtained from a suitably qualified person and submitted to the PCA with the application for the Occupation Certificate.

59. Geotechnical Investigation

In accordance with the recommendations of the submitted Geotechnical Investigation prepared by Ade Consulting Group dated 20 January 2017, the following geotechnical measures are to be undertaken prior to the issue of an Occupation Certificate:

a) Shotcrete is to be used on the weathered rock on the upper slope surface (zones 1 and 2) to prevent the localized instability and deteriorating the slope surface.

b) The timber retaining wall is degraded and is to be redesigned and constructed for stability (zone 3)

c) The sandstone boulder must be removed in order to prevent the adjacent road from unexpected falling and its consequences (zone 4).

OPERATIONAL CONDITIONS

60. Use of Premises

The development approved under this consent shall be used for ‘self-storage unit’ purposes and not for any other purpose without Council’s separate written consent.

61. Hours of Operation – Self Storage Units

The hours of operation of the premise are restricted to those times listed below:

Office Hours

Monday to Sunday 7am to 6pm

Self-Storage Unit Hours

Monday to Sunday 5am to 10pm

62. Signage illumination

The signage approved under this consent must comply with the following:

a) The signage must not flash, move or display electronic images.

b) The sign must be fitted with an automatic timing device to extinguish the illumination outside of the approved hours of operation.

63. External Lighting

a) Lighting outside approved hours of operation must be sensor security lighting only and angled internally at a low level.

b) Flashing, moving or intermittent lights or signs are prohibited.

64. Noise

All noise generated by the development must be attenuated to prevent levels of noise being emitted to adjacent premises which possess tonal, beating and similar characteristics or which exceeds background noise levels by more than 5dB(A).

65. Fire Safety Statement - Annual

On at least one occasion in every 12 month period following the date of the first ‘Fire Safety Certificate’ issued for the property, the owner must provide Council with an annual ‘Fire Safety Certificate’ certifying each essential service installed in the building.

66. Waste Management

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

a) All commercial tenant(s) must keep written evidence on site of a valid and current contract with a licensed waste contractor(s) for the regular collection and disposal of the waste and recyclables that are generated on site.

b) All commercial tenant(s) must have a sufficient number of bins to contain the volume of waste and recycling expected to be generated between collection services.

c) The land and adjoining areas are to be kept in clean and tidy conditions at all times.

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

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

f) Vegetation adjacent to the driveway/accessway/roadway must be regularly pruned to maintain a 4.5m vertical clearance over the driveway/accessway/roadway and to ensure the vegetation does not encroach on the vehicular travel path.

67. Car Parking and Vehicle Access

a) All car parking must be constructed and operated in accordance with Australian Standard AS/NZS2890.1:2004 Off-street car parking and Australian Standard AS2890.2:2002 Off-street commercial vehicle facilities.

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

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

d) Vehicles awaiting loading, unloading or servicing shall be parked on site and not on adjacent or nearby public roads.

e) All vehicular entry on to the site and egress from the site shall be made in a forward direction.

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

g) Visitor parking spaces are not to be used by tenants/owners as storage or parking spaces.

h) No heavy vehicles larger than a standard MRV should access and service the site.

i) All parking for people with disabilities is to comply with AS/NZS2890.6:2009 Off-street parking for people with disabilities.

j) Bicycle parking spaces are to be designed in accordance with AS2890.3-1993 Bicycle parking facilities.

k) Motorcycle parking spaces are to be designed in accordance with AS/NZS2890.1:2004 Figure 2.7.

ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, other relevant legislation and Council’s policies and specifications. This information does not form part of the conditions of development consent pursuant to Section 4.17 of the Act.

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

· The issue of a construction certificate prior to the commencement of any works. Enquiries can be made to Council’s Customer Services Branch on 9847 6760.

· A principal certifying authority to be nominated and Council notified of that appointment prior to the commencement of any works.

· Council to be given at least two days written notice prior to the commencement of any works.

· Mandatory inspections of nominated stages of the construction inspected.

· An occupation certificate to be issued before occupying any building or commencing the use of the land.

Long Service Levy

In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act 1986, a ‘Long Service Levy’ must be paid to the Long Service Payments Corporation.

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

Note: Hornsby Council requires the payment of the Long Service Levy prior to the issue of a construction certificate.

Tree and Vegetation Preservation

A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation protected under the Hornsby Development Control Plan 2013 without the authority conferred by a development consent or a permit granted by Council.

Notes: 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).

Tree protection measures and distances are determined using the Australian Standard AS 4970:2009, “Protection of Trees on Development Sites”.

Fines may be imposed for non-compliance with the Hornsby Development Control Plan 2013.

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

www.safework.nsw.gov.au

Alternatively, telephone SafeWork NSW on 13 10 50.

Disability Discrimination Act 1992

The applicant’s attention is drawn to the existence of the Disability Discrimination Act 1992. A construction certificate is required to be obtained for the proposed building/s, which will provide consideration under the Building Code of Australia, however, the development may not comply with the requirements of the Disability Discrimination Act 1992. This is the sole responsibility of the applicant.

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.