LPP Report No. LPP14/23

Local Planning Panel

Date of Meeting: 26/04/2023

4 DA/585/2022 - CONSTRUCTION OF A PUBLIC BOARDWALK AND SHARED PATHWAY BETWEEN KANGAROO POINT AND BROOKLYN ROAD - 1422 PACIFIC HIGHWAY, 1 BROOKLYN ROAD & LOT 100 DP 865249 PACIFIC HIGHWAY, BROOKLYN

DA No:	DA/585/2022 (Lodged on 8 June 2022)
Description:	Construction of a public boardwalk and shared pathway between Kangaroo Point and Brooklyn Road
Property:	1422 Pacific Highway, 1 Brooklyn Road, Lot 100 DP 865249 Pacific Highway, Brooklyn
Applicant:	Hornsby Shire Council
Owner:	The State of NSW (Crown Lands)
Estimated Value:	$4,257,000.00
Ward:	A Ward
Submissions:	6 submissions
LPP Criteria:	Designated Development and Council is the landowner
Author:	Independent Report prepared by Landmark Planning Pty Ltd
COI Declaration:	No Council staff involved in the assessment of this application have declared a Conflict of Interest.

RECOMMENDATION

THAT Development Application No. DA/585/2022 for Construction of a public boardwalk and shared pathway between Kangaroo Point and Brooklyn Road at 1422 Pacific Highway, 1 Brooklyn Road, Lot 100 DP 865249 Pacific Highway, Brooklyn be approved subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP14/23.

executive summary

· The application involves construction of a public boardwalk and shared pathway between Kangaroo Point and Brooklyn Road.

· The application involves land owned by Hornsby Shire Council and is required to be determined by the Hornsby Local Planning Panel. An independent assessment of the development application has been undertaken by Landmark Planning Pty Ltd.

· A total of 9 submissions have been received in respect of the application.

· The assessment report by Landmark Planning Pty Ltd is attached to this report for the Hornsby Planning Panel’s consideration. The independent consultant’s report recommends that the application be approved.

ASSESSMENT

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

CONCLUSION and reasons for recomendation

The application proposes Construction of a public boardwalk and shared pathway between Kangaroo Point and Brooklyn Road.

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

Council received 6 submissions during the public notification period. The matters raised have been addressed in the independent report.

Council has referred the application to an independent town planner to carry out an assessment of the application. The assessment concludes that the application should be approved.

It is recommended that the Hornsby Local Planning Panel approve the application in accordance with the recommendations in the report prepared by Landmark Planning Pty Ltd and the conditions of consent in Schedule 1 of this report.

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.

Cassandra Williams

Major Development Manager - Development Assessments

Planning and Compliance Division

Rod Pickles

Manager - Development Assessments

Planning and Compliance Division

Attachments:

1.⇩	Locality Map
2.⇩	Consultant Report
3.⇩	Architectural Plans
4.⇩	General Terms of Approval – NSW RFS
5.⇩	General Terms of Approval Fisheries

File Reference: DA/585/2022

Document Number: D08618986

Schedule 1

CONDITIONS APPLICABLE TO ALL STAGES

GENERAL CONDITIONS

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

Note: For the purpose of this consent, 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 were amended by Council and/or other conditions of this consent:

Approved Plans

*Plan No.*	*Plan Title*	*Drawn by*	*Dated*	*Council Reference*
1 of 30 Issue 2	Drawing Schedule, Locality Plan & Legend	Hornsby Shire Council Design & Construction Branch	undated
2 of 30 Issue 2	Project Notes	Hornsby Shire Council Design & Construction Branch	undated
3 of 30 Issue 2	Boardwalk & Shared Pathway Typical Sections	Hornsby Shire Council Design & Construction Branch	undated
4 of 30 Issue 2	Concrete Path Joint Details	Hornsby Shire Council Design & Construction Branch	undated
5 of 30 Issue 2	Overall Layout Plan	Hornsby Shire Council Design & Construction Branch	undated
6 of 30 Issue 2	Control Line 1 Setout Details Sheet 1 of 2	Hornsby Shire Council Design & Construction Branch	undated
7 of 30 Issue 2	Control Line 1 Setout Details Sheet 2 of 2	Hornsby Shire Council Design & Construction Branch	undated
8 of 30 Issue 2	General Works & Services Plan - Plan 1 of 8	Hornsby Shire Council Design & Construction Branch	undated
9 of 30 Issue 2	General Works & Services Plan - Plan 2 of 8	Hornsby Shire Council Design & Construction Branch	undated
10 of 30 Issue 2	General Works & Services Plan - Plan 3 of 8	Hornsby Shire Council Design & Construction Branch	undated
11 of 30 Issue 2	General Works & Services Plan - Plan 4 of 8	Hornsby Shire Council Design & Construction Branch	undated
12 of 30 Issue 2	General Works & Services Plan - Plan 5 of 8	Hornsby Shire Council Design & Construction Branch	undated
13 of 30 Issue 2	General Works & Services Plan - Plan 6 of 8	Hornsby Shire Council Design & Construction Branch	undated
14 of 30 Issue 2	General Works & Services Plan - Plan 7 of 8	Hornsby Shire Council Design & Construction Branch	undated
15 of 30 Issue 2	General Works & Services Plan - Plan 8 of 8	Hornsby Shire Council Design & Construction Branch	undated
16 of 30 Issue 2	CL1 Cross Sections - CH5.000 TO CH110.000	Hornsby Shire Council Design & Construction Branch	undated
17 of 30 Issue 2	CL1 Cross Sections - CH120.000 TO CH230.000	Hornsby Shire Council Design & Construction Branch	undated
18 of 30 Issue 2	CL1 Cross Sections - CH240.000 TO CH350.000	Hornsby Shire Council Design & Construction Branch	undated
19 of 30 Issue 2	CL1 Cross Sections - CH360.000 TO CH423.484	Hornsby Shire Council Design & Construction Branch	undated
20 of 30 Issue 2	CL1 Cross Sections - CH430.000 TO CH500.000	Hornsby Shire Council Design & Construction Branch	undated
21 of 30 Issue 2	CL1 Cross Sections - CH508.356 TO CH575.976	Hornsby Shire Council Design & Construction Branch	undated
22 of 30 Issue 2	CL1 Cross Sections - CH580.000 TO CH643.024	Hornsby Shire Council Design & Construction Branch	undated
23 of 30 Issue 2	CL1 Cross Sections - CH650.000 TO CH740.000	Hornsby Shire Council Design & Construction Branch	undated
24 of 30 Issue 2	CL1 Cross Sections - CH750.000 TO CH807.179	Hornsby Shire Council Design & Construction Branch	undated
25 of 30 Issue 2	CL1 Cross Sections - CH810.000 TO CH900.000	Hornsby Shire Council Design & Construction Branch	undated
26 of 30 Issue 2	CL1 Cross Sections - CH910.000 TO CH1000.000	Hornsby Shire Council Design & Construction Branch	undated
27 of 30 Issue 2	Tree Schedule - Sheet 1 Of 4	Hornsby Shire Council Design & Construction Branch	undated
28 of 30 Issue 2	Tree Schedule - Sheet 2 Of 4	Hornsby Shire Council Design & Construction Branch	undated
29 of 30 Issue 2	Tree Schedule - Sheet 3 Of 4	Hornsby Shire Council Design & Construction Branch	undated
30 of 30 Issue 2	Tree Schedule - Sheet 4 Of 4	Hornsby Shire Council Design & Construction Branch	undated

Supporting Documentation

*Document Title*	*Prepared by*	*Dated*	*Council Reference*
Environmental Impact Statement Issue 2	Martens & Assoc Pty Ltd	11/05/2022	D08426235
Preliminary Site Investigation Issue 2	Martens & Assoc Pty Ltd	8/04/2022	D08426241
Construction Traffic Impact Assessment and Management Plan	Martens & Assoc Pty Ltd	26/05/2022	D08426217
Flooding and Coastal Processes Assessment	Martens & Assoc Pty Ltd	27/05/2022	D08426234
Preliminary Geotechnical Investigation and Acid Sulfate Soils Assessment Issue 1	Martens & Assoc Pty Ltd	6/04/2022	D08426226
Soil and Water Quality Assessment Report (including Acid Sulfate Soil Management Plan)	Martens & Assoc Pty Ltd	1/05/2022	D08426248
Detailed Site Investigation Issue 4	Martens & Assoc Pty Ltd	8/04/2022	D08426242
Waste Management Plan Issue 1	Martens & Assoc Pty Ltd	3/05/2022	D08426216
Aboriginal Cultural Heritage Assessment Report	Coast History & Heritage	May 2022	D08426250
Statement of Heritage Impact	Coast History & Heritage	May 2022	D08426224
Construction Noise & Vibration Management Plan	Acoustic Dynamics	20/05/2022	D08426249
Bushfire Risk Assessment Issue 1.2	BlackAsh Bushfire Consulting	3/05/2022	D08426244
Human Health Risk Assessment	Environmental Risk Sciences	27/04/2022	D08426240
Watercourse and Riparian Lands Assessment Issue 1	Martens & Assoc Pty Ltd	9/05/2022	D08426223
Amended Biodiversity Development Assessment Report Issue 1.1	Eco Consulting	18/01/2023	D08573667
Amended Marine Ecological Impact Assessment Issue 1.1	Eco Consulting	18/12/2022	D08573665
Vegetation Management Plan Issue 1.0	Land Eco Consulting	10/05/2022	D08426246
Pre-development tree survey and assessment (TA-01) Issue B	Arterra Consulting Arboriculture	18/02/2022	D08624653
General Terms of Approval - Fisheries	Department of Primary Industries	29/03/2023	D08619926
General Terms of Approval - NSW RFS	NSW Rural Fire Service	31/07/2022	D08461096

Reason: To ensure all parties are aware of the approved plans and supporting documentation that apply to the development.

2. 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 separate approval under s138 of the Roads Act 1993, must be obtained from Council for all works within the public road reserve.

c) The Construction Certificate/ Section 138 Roads Act application plans must be consistent with the Development Consent plans.

Reason: To ensure that detailed construction certificate plans are consistent with the approved plans and supporting documentation.

3. Staging

This consent allows for the construction of the shared pathway and boardwalk in three stages being:

a) Stage 1: Kangaroo Point to the bushland track. Approximately 195m long, 3 m wide boardwalk with mesh decking and railings both sides, heading south from Kangaroo Point. It will meander through the mangroves and intertidal zone towards the existing track formation further inland and includes a platform providing views to Sandbrook Inlet close to the commencement point. This section will be raised to be above high highest tide levels.

b) Stage 2: Bushland track to Dolphin Boatshed Marina - Approximately 450m, 3m wide on grade pathway commencing from the start of the existing access track formation. It is proposed to clear and grade the existing track and is to be constructed of concrete and hence this section is referred to as a ‘shared pathway’. This section proceeds south towards the Dolphin Boatshed Marina and will include two platforms for viewing and seating opportunities. An area for additional recreational facilities has been surveyed and is identified on the plans.

c) Stage 3: Dolphin Boatshed Marina to Old Dairy Site on Brooklyn Road - Approximately 360m, 3 m wide boardwalk with mesh decking and railings which will commence from the south of the marina and proceed through mangrove areas and wetlands in the intertidal zone to connect Kangaroo Point and Brooklyn Road. An 18m span bridge will cross Seymours Creek before connecting to the Brooklyn Road footpath and viewing platform.

All conditions of this consent must be satisfied at each stage, as relevant to that stage. Upon completion of the final stage, all conditions of this consent must be fully satisfied.

Reason: To ensure the staging of the consent.

4. Removal of Trees

a) This development consent permits the removal of trees numbered T1, T6, T7, T8, T9, T10, T11, T12, T13, T28, T36, T57, T63, T69, T72, T73, T88, T89, T103, T110, T126, T127, T128, T129, T132, T133, T135, T141, T142, T146, T147, T148, T149, T185, T186, T190, T195, T196, T197, T198, T199, T202, T203, T206, T209, T210, T211, T213, T215, T233, T236, T237, T238, T239, T246, T284, T308, T310, T500, T501, T502, T503, T504 and T505 as identified in the approved plans Sheets 1-30 prepared by Hornsby Shire Council Design & Construction Branch.

b) No consent is granted for the removal of any other trees as these trees contribute to the established landscape amenity of the area/streetscape.

Note: The removal of any other trees from the site requires separate approval by Council in accordance with Part 1B.6 Tree and Vegetation Preservation of the Hornsby Development Control Plan, 2013 (HDCP).

Reason: To identify only those trees permitted to be removed.

5. Tree Pruning

The pruning of any other trees from the site requires separate approval by Council in accordance with Part 1B.6 Tree and Vegetation Preservation of the Hornsby Development Control Plan 2013 (HDCP).

Reason: To minimise the impact on trees to be retained.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

6. 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.

Reason: Prescribed condition - EP&A Regulation section 69(1).

7. Flood Report

The development shall be designed in accordance with the recommendations outlined in the approved Flooding and Coastal Processes Assessment prepared by Martens & Assoc Pty Ltd, dated 27/05/2022, including the finalising and implementation of:

a) Preliminary flood emergency response plan (FERP); and

b) Flood risk action plan (FRAP)

Reason: To manage stormwater flows to minimise potential flooding.

8. Geotechnical

The development shall be designed in accordance with the recommendations outlined in the approved Preliminary Geotechnical Investigation and Acid Sulfate Soils Assessment Issue 1 prepared by Martens & Assoc Pty Ltd, dated 6/04/2022, including:

a) Additional geotechnical testing prior to commencement of works (Section 5.1).

b) Geotechnical recommendations (Section 4.3); and

c) General Geotechnical Recommendations (Appendix F).

Reason: To ensure the stability of the site.

9. Public Road Works

A separate application under Section 138 of the Roads Act 1993 must be submitted to Council for approval to carry out works within the public road reserve. All road works approved under this consent must be constructed in accordance with Council’s AUS-SPEC Specifications and the following requirements:

a) The shared footpath pathway and boardwalk structure shall be designed generally in accordance with the approved plans identified as Project No.100227 Drawing No.29.31 Issue 2 by Hornsby Shire Council Design and Construction Branch.

Reason: To ensure infrastructure works are designed and constructed to appropriate standards and requirements of the Roads Act 1993.

10. Construction Environmental Management Plan (CEMP)

To assist in the protection of the public, the environment and Council’s assets, a separate Construction Environmental 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 Plan must detail the actions that will be taken to protect the environment for the duration of works, and all responsible parties ensuring compliance with the document. The Plan is to be in accordance with the publication ‘Managing Urban Stormwater - Landcom (March 2004)’, the Protection of the Environment Operations Act 1997 and relevant Council guidelines, and should include but not be limited to:

a) Water quality and soil management, including but not limited to sediment and erosion control measures and stormwater management.

b) Air quality management.

c) Management strategies for the potential risks to on-site workers and visitors, off-site receptors, and the environment from the contamination identified.

d) Measures implemented to address the conclusions and recommendations of the:

i) Detailed Site Investigation report.

ii) Acid Sulfate Soil Management Plan

iii) Asbestos Management Plan.

iv) Flooding and Coastal Processes Assessment Report.

v) Soil and Water Quality Assessment.

vi) Construction Noise & Vibration Management Plan.

vii) Preliminary Geotechnical Investigation Report.

viii) Human Health Risk Assessment.

ix) Biodiversity Development Assessment Report.

x) Watercourse and Riparian Lands Assessment.

e) 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. The Construction Traffic Impact Assessment and Management Plan should be updated to indicate the location of a minimum of 6 - 8 car parking for light vehicles and 1 heavy vehicle to accommodate construction traffic. An off-site parking area is to be nominated if this cannot be accommodated.

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) Site plans showing the exact location(s) of the site offices for the duration of works.

xii) 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.

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

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

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

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

xvii) 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.

xviii) 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.

f) 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, in accordance with Preliminary Geotechnical Investigation Report.

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.

g) 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.

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

h) Detail the sediment and erosion control measures on a site plan in accordance with the recommendations of the Soil and Water Quality Assessment Report (TRIM: D08426248).

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

j) The CEMP is to include the construction specifications from section 1.3.1 and 1.3.2 of the Biodiversity Development Assessment Report to ensure there is minimal impact on the marine and terrestrial environment. Machinery is not to be used for any vegetation clearing due to the sensitive nature of the marine environment. If machinery is to be used for earthworks, rubber tracks and rumble boards are to be utilised to minimise disturbance.

Note: The CEMP 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.

Reason: To document construction measures to protect the public and the surrounding environment.

11. Waste Management Details

The plans are to indicate the proposed location of any additional public place litter bins and details the proposed servicing arrangements of all bins for approval by Council’s waste management branch prior to issue of the Construction Certificate. Bins located along the proposed boardwalk which are not accessible by the contractor will need to be brought to a suitable servicing location by Council staff and returned following service.

Reason: To ensure domestic waste bins are not used for demolition and construction waste.

12. Asbestos Management Plan

a) An Asbestos Management Plan must be prepared by an appropriately qualified consultant in accordance with Safe Work (2020) How to Manage and Control Asbestos in the Workplace Code of Practice and Safe Work (2019) Code of Practice How to Safely Remove Asbestos and other relevant guidelines and be submitted to Council for approval.

b) The Asbestos Management Plan must include a methodology for an asbestos survey (AS) post vegetation removal, prior to earthworks commencing) for the asbestos removal works identified within Stage 2 1 investigation area and to provide appropriate construction practices for works in Stage 1.

c) The Asbestos Management Plan must include an unexpected finds protocol to manage unexpected finds risk (such as other areas of PACM, odours or soil staining).

Reason: To ensure the appropriate removal and disposal of contaminated materials.

13. 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.

Reason: To ensure compliance with the requirements of Sydney Water.

14. Licence Agreement

An executed licence agreement from the relevant NSW government agency governing the use and occupation of Crown land is required to be obtained prior to the issue of a construction certificate. This is to ensure that lawful authority under the Crown Land Management Act 2016 to use and occupy Crown land or waterway is obtained before construction commences.

Reason: To ensure the appropriate licenses have been obtained.

15. Accessibility

To ensure accessibility to the proposal, no steps or large gaps preventing disabled access are to be included within the proposed works and a shallow ramp should be provided at either end of the boardwalk, if required.

Reason: To ensure the appropriate accessibility to the proposal.

16. Bicycle Racks

Bicycle racks are to be provided at the entrances/exits along the boardwalk. Details of the locations are to be shown on the Construction Certificate plans.

Reason: To ensure rest areas for cyclists.

17. High Pedestrian Area

a) Signage is to be provided on the boardwalk and pathways at the approach to, and alongside of, the Dolphin Boatshed Marina indicating it is a high pedestrian area and speed limited signage for the road approaches to the site.

b) To deter vehicles parking on the shared path, delineation such as bollards or kerbing is desirable to address potential safety concerns for vehicular and pedestrian conflict.

c) Details of the above requirements must be shown on the plans submitted with the Construction Certificate.

Reason: To ensure appropriate safety signage.

18. Appointment of a Project Arborist

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

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

Reason: To ensure appropriate monitoring of tree(s) to be retained.

19. Appointment of Project Bush Regenerator/Ecologist

a) To ensure the implementation and monitoring of environmental protection measures during the construction of the approved development, a suitably qualified and experienced project bush regenerator/ ecologist must be appointed to assist in ensuring compliance with the conditions of consent and provide monitoring reports to Council at various stages of the Project as identified in the approved Vegetation Management Plan provided by Land Eco (D08426246) and as specified by the conditions of consent.

b) An inspection schedule to assess tree and vegetation health and provide certification for the various stages of development such as site establishment (includes demolition and installation of tree protection measures), construction work, hard and soft landscaping practical completion and occupancy certification is to be included with the application for the construction certificate and approved by Natural Resources at naturalresourcesplanning@hornsby.nsw.gov.au.

c) Details of the appointed project ecologist must be submitted to Council and the PCA with the application for the subdivision works certificate.

Reason: To ensure appropriate monitoring of environmental protection measures.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

20. 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.

Reason: Prescribed condition EP&A Regulation, section 70(2) and (3).

21. 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; and/or

c) Involve the enclosure of a public place or part of a public place; and/or

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.

Reason: To ensure public safety and protection of adjoining land.

22. 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 ‘Urban Stormwater: Soils and Construction “The Blue Book” 2004 (4th edition), 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.

Reason: To minimise impacts on the water quality of the downstream environment.

23. Road Opening Permit

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

Reason: To ensure appropriate permits are applied for.

24. Protection of vegetation, habitat and environmental features during construction

Fencing must be placed in accordance with the specifications below to the satisfaction of the Council or the principal certifier:

a) Prior to the clearing of vegetation, the project ecologist and construction contractor are to identify the maximum extent of clearing using flagging tape, fencing or similar.

b) Install 1.2-metre-high exclusion fencing along the immediate work area to prevent accidental trampling of retained vegetation. Fencing must be of mesh or bar construction to protect wildlife and allow light and air to adjoining vegetation. The base of the fence must be raised to allow fauna movement.

c) A sign must be erected along the fence to identify areas of protected vegetation.

d) Any anthropomorphic waste or weed dispersal throughout the development footprint and adjoining vegetation is to be collected and disposed of offsite.

e) Clean machinery of soil and debris before entering the site to prevent the spread of weeds and fungal pathogens.

Note: The Act prohibits the disturbance to threatened species, endangered populations and threatened ecological communities, or their habitat, without appropriate consent or license.

Reason: To ensure that adjoining land which contains vegetation of local and state significance is duly protected from impacts during works.

25. Vegetation removal and fauna management

Prior to the clearing of any vegetation or the demolition of any structures associated with the proposed subdivision, the following must be carried out as required by the Vegetation Management Plan Issue 1.0 prepared by Land Eco Consulting, dated 10/05/2022:

a) A pre-clearing survey is to be completed by the project ecologist, including inspection of hollows and culverts.

b) The engaged bush regeneration company must complete soil and saltmarsh species translocation to a licenced nursery to be replanted following construction. The company must have proven experience working in translocation.

c) Suitably qualified and experienced fauna management personnel must be nominated to be present during vegetation clearing in the event fauna is observed.

d) Prepare protocols for the capture and release of resident fauna, including the staging of any capture and release of resident or injured fauna throughout all stages of the project and notification protocols for unexpected finds.

e) Any hollows or logs with habitat value must be relocated within the site as habitat.

Reason: To minimise damage to any vegetation or habitat to be retained during construction

26. Implementation of Vegetation Management Plan

a) The approved Vegetation Management Plan Issue 1.0 prepared by Land Eco Consulting, dated 10/05/2022 must be commenced prior to any clearing or demolition works and is to be in place for a minimum period of 5 years, to be overseen by the project ecologist.

b) Monitoring reports are to be provided annually to Council’s Natural Resources Team (naturalresourcesplanning@hornsby.nsw.gov.au) for the duration of the Vegetation Management Plan.

Reason: To ensure pre-clearance works identified in the approved VMP are carried out to minimise disturbance to protected habitat and vegetation

27. Biodiversity Offset Scheme

a) Ecosystem credit retirement conditions:

i) Prior to commencement of works, the class and number of ecosystem credits in Table 1 must be retired to offset the residual biodiversity impacts of the development.

ii) The requirement to retire credits in the above condition may be satisfied by payment to the Biodiversity Conservation Fund of an amount equivalent to the class and number of ecosystem credits, as calculated by the Biodiversity Offsets Payment Calculator.

iii) Evidence of the retirement of credits or payment to the Biodiversity Conservation Fund in satisfaction of Table 1 must be provided to the consent authority.

Impacted PCT	No. of ecosystem credits	IBRA sub-region	PCTs that can be used for offsetting
1234-Estuarine Swamp Oak Forest	1	Pittwater, Cumberland, Sydney Cataract, Wyong and Yengo or Any IBRA subregion that is within 100 kilometres of the outer edge of the impacted site	915, 916, 917, 918, 919, 1125, 1230, 1232, 1234, 1235, 1236, 1726, 1727, 1728, 1729, 1731, 1800, 1808
1557-Central Coast Escarpment dry forest	4	Pittwater, Cumberland, Sydney Cataract, Wyong and Yengo or Any IBRA subregion that is within 100 kilometres of the outer edge of the impacted site	690, 697, 698, 755, 1092, 1262, 1267, 1268, 1281, 1385, 1548, 1549, 1550, 1556, 1557, 1558, 1564, 1565, 1580, 1582, 1584, 1585, 1845, 1846, 1847, 1914

Table 1: Ecosystem credits - like for like

b) Species credit retirement conditions

i) Prior to commencement of works, the class and number of species credits in Table 2 must be retired to offset the residual biodiversity impacts of the development.

ii) The requirement to retire credits in the above condition may be satisfied by payment to the Biodiversity Conservation Fund of an amount equivalent to the class and number of species credits, as calculated by the Biodiversity Offsets Payment Calculator.

iii) Evidence of the retirement of credits or payment to the Biodiversity Conservation Fund in satisfaction of Table 2 must be provided to the consent authority.

Impacted species credit species	No. of species credits	IBRA sub-region
Myotis macropus / Southern Myotis	10	Anywhere in NSW

Table 2: Species credits - like for like

c) Variation: Ecosystem credit retirement conditions

i) Prior to commencement of works, the class and number of species credits in Table 4 must be retired to offset the residual ecosystem impacts of development.

ii) Evidence of the retirement of credits in satisfaction of Table 4 is to be provided to the consent authority.

Impacted PCT	No. of ecosystem credits	IBRA sub-region	Approved variation PCT(s) that can be used for offsetting
1234 - Estuarine Swamp Oak Forest	1	Pittwater, Cumberland, Sydney Cataract, Wyong and Yengo or Any IBRA subregion that is within 100 kilometres of the outer edge of the impacted site

Table 4: Ecosystem credits - variation rules

d) Variation: Species credit retirement conditions

i) Prior to commencement of works, the class and number of species credits in Table 5 must be retired to offset the impacts of development.

ii) Evidence of the retirement of credits in satisfaction of Table 5 is to be provided to the consent authority.

Impacted species credit species	No. of species credits	IBRA sub-region	Approved variation species credit species that can be used for offsetting
Myotis Macropus - Southern Myotis	10	Pittwater, Cumberland, Sydney Cataract, Wyong and Yengo. or Any IBRA subregion that is within 100 kilometers of the outer edge of the impacted site.	Any species listed as Vulnerable or a higher category of listing under Part 4 of the BC Act

Table 5: Species credits - variation rules

Reason: To meet offset obligations as identified by the Biodiversity Conservation Act 2016.

28. Fisheries Offsets

In accordance with the Fisheries Management Act 1994 and the Policy and Guidelines for Fish Habitat Conservation and Management (2013), when on-going restoration is not possible, a monetary offset may be accepted. As the site is constrained and an offset of Saltmarsh Estuarine Complex and Estuarine Mangrove Forest is not possible, 1,040m² of impacted marine vegetation is to be offset at a ratio of 2:1, at the rate of $51/m². A total of $106,080 is required to be offset as compensation for harm to marine habitat.

Reason: to meet offset obligations as identified by the Fisheries Management Act 1994.

REQUIREMENTS DURING DEMOLITION AND CONSTRUCTION

29. Construction Work Hours

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

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

Reason: To protect the amenity of neighbouring properties.

30. 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.

Reason: To minimise impacts to the natural environment and public health.

31. 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.

Reason: To minimise impacts to the natural environment.

32. Compliance with Environmental Management Plan (EMP)

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

Reason: To ensure the required site management measures are implemented during construction.

33. Compliance with Asbestos Management Plan

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

Reason: To ensure the required asbestos management measures are implemented during construction.

34. Compliance with Construction Noise and Vibration Management Plan

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

Reason: To ensure the required noise and vibration measures are implemented during construction.

35. Compliance with Preliminary Geotechnical Investigation

The recommendations of the Preliminary Geotechnical Investigation and Acid Sulfate Soils Assessment Issue 1 prepared by Martens & Assoc Pty Ltd, dated 6/04/2022 must be complied with for the duration of works, unless otherwise approved by Council.

Reason: To ensure the required geotechnical measures are implemented during construction.

36. 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.

Reason: To protect public land.

37. 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.

Reason: To protect the natural features of the site.

38. Landfill

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

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

Reason: To ensure soil imported to the site is not contaminated.

39. 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.

Reason: To ensure the appropriate disposal of excavated material.

40. Acid Sulfate Soils

a) The Council approved Acid Sulfate Soil Management Plan Soil and Water Quality Assessment Report (including Acid Sulfate Soil Management Plan), prepared by Martens & Assoc Pty Ltd, 1/05/22 must be complied with for the duration of works, unless otherwise approved by Council.

b) Should acid sulfate soils be encountered during construction works, cessation of works on site and notification to Council is to be undertaken immediately.

c) Prior to any works recommencing on the site, written advice is to be provided to Council outlining the remediation strategies to manage identified acid sulfate soils for review and approval.

Reason: To protect the environment from the effects of acid sulfate soils.

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.

Reason: To ensure the appropriate removal and disposal of contaminated materials.

42. Waste Management Details

Requirements of the approved Waste Management Plan shall be complied with during all site preparation works, demolition and throughout all construction works. When implementing the Waste Management Plan, the developer is to ensure:

a) The disposal of any demolition and construction waste must be undertaken in accordance with the requirements of the Protection of Environment Operations Act 1997

b) All waste on site is to be stored, handled and disposed of in such a manner as to not create air pollution, offensive noise or pollution of land and water as defined by the Protection of Environment Operations Act 1997

c) Generation, storage, treatment and disposal of hazardous waste is conducted in accordance with the relevant waste legislation administered by the EPA and relevant Occupational Health and Safety legislation administered by WorkCover NSW

d) All waste generated (including excavated materials) which cannot be reused or recycled must be transported to a facility which can lawfully accept it

e) All materials and resources that are to be stored on site during construction works are contained on the site. The provisions of the Protection of Environment Operations Act 1997 must be complied with when placing/stock piling loose material, disposal of concrete waste or activities which have potential to pollute drains and water courses

f) The storage of waste and recycling containers must be within the boundaries of the development site at all times. Public footways and roads must not be used for the storage of any waste and must be kept clear of obstructions during all construction works

g) From the commencement of works on site, until such time as the final occupation certificate is issued, the applicant is required to monitor the construction area and the immediate vicinity regularly for litter and illegal dumping. The applicant is to arrange removal of said material where required to avoid contamination of waterways and bushland as well as mitigating any further instances or compounding of illegal dumping.

h) Additionally, written records of the following items must be maintained during the removal of any waste from the site and such information submitted to the Principal Certifying Authority within fourteen days of the date of completion of the works:

i) The identity of the person removing the waste.

ii) The waste carrier vehicle registration.

iii) Date and time of waste collection.

iv) A description of the waste (type of waste and estimated quantity).

v) Details of the site to which the waste is to be taken.

vi) The corresponding weighbridge tip docket/receipt from the site to which the waste is transferred (noting date and time of delivery, description (type and quantity) of waste).

vii) Whether the waste is expected to be reused, recycled or go to landfill.

Note: In accordance with the Protection of the Environment Operations Act 1997, the definition of waste includes any unwanted substance, regardless of whether it is reused, recycled or disposed to landfill.

Reason: To ensure the management of waste to protect the environment and local amenity during construction.

43. Garbage receptacle

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

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

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

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

Reason: To maintain the site in a clean condition and protect local amenity.

44. Prohibited actions within the tree protection zones

The following activities are prohibited within the approved 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

Reason: To protect trees during construction.

45. 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 40mm

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

i) Excavations for the construction and/or installation of the piers in the Tree Protection Zone of trees to be retained on the approved plans must be supervised by the project arborist for the first 1.000 meter undertaken manually to locate roots and allow for pruning in accordance with Condition No. 44 a).

c) To minimise impacts within the Tree Protection Zone (TPZ) of trees retained 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.

Reason: To protect trees during construction.

46. 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.

Reason: To protect trees during construction.

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

47. Construction of engineering works

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

Reason: To ensure engineering works are completed.

48. 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.

Reason: To ensure public infrastructure and property is maintained.

49. 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”.

Reason: To protect the State’s survey infrastructure.

50. Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Council for completed footpath pathways and boardwalk structure.

Reason: To ensure infrastructure is constructed and positioned in the approved location.

51. Flood Emergency Response Plan

A flood emergency response plan must be prepared which is generally in accordance with the approved Flooding and Coastal Processes Assessment Report and must be implemented prior to the operation of the footpath pathway and boardwalk.

Reason: To ensure users of the walkway are aware of flood emergency procedures in the event of a flood.

52. Compliance with Acid Sulfate Soil Management Plan

A report is to be submitted to the PCA by a suitably qualified Environmental Consultant in consultation with a chartered Structural Engineer prior to the issue of an Occupation Certificate, confirming compliance with all recommendations as outlined in the Council approved Acid Sulfate Soil Management Plan contained in the Soil and Water Quality Assessment Report prepared by Martens & Assoc Pty Ltd, dated 1/05/2022.

Reason: To ensure the environment has been protected from the effects of acid sulfate soils.

53. 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.

Reason: To ensure the appropriate removal and disposal of contaminated materials and the site is suitable for its approved use.

54. Environmental Educational Signage

Signage informing boardwalk users of the following should be designed and erected at multiple points along the boardwalk including:

a) Consequences of littering (legal and compassionate responsibility)

b) Enforce the rules that pedestrians must stay on boardwalk and not leave the boardwalk to avoid trampling native vegetation and wildlife habitat.

c) Informing the public of the presence of the Coastal Saltmarsh and Swamp Oak Floodplain Forest Endangered Ecological Communities.

d) Detailing the negative impacts of pet defecation and urination on the saltmarsh, encouraging owners to keep pets on leash and clean up after them.

e) Enforce no smoking rules on the boardwalk.

f) Fishing information including fish bag limits, protected marine species to avoid, pest species to report, equipment cleaning protocols and NSW DPI Fisheries contact information and encouraging the use of environmentally friendly fishing equipment.

Reason: To ensure protection of the environment.

55. Nest Box Installation

In accordance with the approved Vegetation Management Plan, prepared by Land Eco Consulting, 10/5/22, nest boxes are to be installed throughout the development area to offset the loss of habitat. The next boxes to be installed must include:

a) 5 microbat boxes

b) 5 small parrot boxes

c) 5 large parrot boxes

Reason: To offset loss of habitat.

56. Offset planting

In accordance with the approved Vegetation Management Plan, offset planting must be undertaken using the plant species list in section 7 of the approved VMP, provided by Land Eco Consulting. Initial planting must be undertaken prior to the issue of an occupation certificate, to be followed to supplementary planting as required.

Reason: To maintain biodiversity values on the site.

57. Final Certification - Ecology

The project Ecologist must provide to the Council certification of the implementation of the of the Vegetation Management Plan Issue 1.0 prepared by Land Eco Consulting, dated 10/05/2022. The certification must note:

a) Certification that tasks within the VMP have commenced.

b) Time and date of any site inspections.

c) Key observations made during each site inspection.

d) Compliance with key hold points in the approved plans.

e) Variations from the approved plan and alternative solution or remedial works, including correspondence with Council or the certifier regarding variations.

f) Compliance or non-compliance with the approved plan.

g) Recommendations for future works.

Reason: To ensure that ecological works have been undertaken in accordance with the approved plan(s).

58. Litter and Illegal Dumping Management

A Litter and Illegal Dumping Management Plan must be submitted to the principal certifying authority and Council prior to the issue of the Occupation Certificate or the use commencing, whichever is earlier. The Litter and Illegal Dumping Management Plan must include mitigation (including but not limited to litter picking patrols and removal of illegally dumped material) and prevention strategies (for example signage, strategically located litter bins, security cameras) and must cover both the subject site and adjacent land.

Reason: To ensure appropriate mitigation and prevention strategies are implemented.

59. Cultural Information Signage

Consultation is to be undertaken with the Local Aboriginal groups and Hornsby Aboriginal and Torres Strait Islander Consultative Committee to inform cultural signage at locations spaced along the boardwalk. The signage is to be in place prior to the issue of an Occupation Certificate.

Reason: To ensure cultural information signage is installed.

60. Certification of Fisheries Requirements

Evidence is to be provided to the Principal Certifying Authority (PCA) of the satisfactory completion of all works required by the NSW Department of Primary Industries - Fisheries conditions of concurrence contained within their letter dated 29 March 2023 (replicated below), prior to the issue of the Occupation Certificate.

Reason: To ensure Certification of Fisheries Requirements.

GENERAL TERMS OF APPROVAL - NEW SOUTH WALES DEPARTMENT OF PRIMARY INDUSTRIES - FISHERIES

The following conditions of consent are General Terms of Approval from the nominated State Agency pursuant to Section 4.47 of the Environmental Planning and Assessment Act 1979 and must be complied with to the satisfaction of that Agency.

61. Part 7 Permits

The proponent must apply for and obtain a Part 7 permit to for dredging, reclamation, and to harm marine vegetation under the FM Act from DPI Fisheries prior to any works on site. Permit application forms are available from the DPI Fisheries website at: http://www.dpi.nsw.gov.au/fisheries/habitat/help/permit.

62. Harm Offsets

Offsets for harm to marine vegetation will be negotiated between DPI Fisheries and Hornsby Shire Council as part of the Fisheries Permit process. Council must undertake a feasibility assessment for on-ground rehabilitation works within the Hawkesbury Estuary. The offset works do not need to occur within the project site or immediately adjacent, so long as they are within the same estuary as where the harm will occur. Monetary compensation will only be accepted if the feasibility assessment demonstrates that there is no potential for on ground rehabilitation works.

63. Environmental safeguards

Environmental safeguards (silt curtains, booms etc.) are to be used during construction to ensure that there is no escape of turbid plumes into the aquatic environment. Turbid plumes have the potential to smother aquatic vegetation and have a deleterious effect on benthic organisms.

- END OF CONDITIONS -

ADVISORY NOTES

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

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Tree and Vegetation Preservation

Hornsby Development Control Plan 2013 Tree and Vegetation Preservation provisions have been developed under Council’s authorities contained in State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 and the Environmental Planning and Assessment Act 1979.

In accordance with these provisions a person must not cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, lop or otherwise remove a substantial part of the trees or vegetation to which any such development control plan applies without the authority conferred by a development consent, or a permit granted by Council.

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

Note: A tree is defined as a long lived, woody perennial plant with one or relatively few main stems with the potential to grow to a height greater than three metres (3m). (HDCP 1B.6.1.c).

Disability Discrimination Act

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.

Covenants

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

Dial Before You Dig

Prior to commencing any works, the applicant is encouraged to contact Before You Dig Australia (BYDA) at www.byda.com.au for free information on potential underground pipes and cables within the vicinity of the development site.

Telecommunications Act 1997 (Commonwealth)

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

Asbestos Warning

Should asbestos or asbestos products be encountered during demolition or construction works, you are advised to seek advice and information prior to disturbing this material. It is recommended that a contractor holding an asbestos-handling permit (issued by SafeWork NSW) be engaged to manage the proper handling of this material. Further information regarding the safe handling and removal of asbestos can be found at:

www.environment.nsw.gov.au

www.adfa.org.au

www.safework.nsw.gov.au

Alternatively, telephone the SafeWork NSW on 13 10 50.

LPP Report No. LPP13/23

Local Planning Panel

Date of Meeting: 26/04/2023

5 DA/1221/2022 - ALTERATIONS AND ADDITIONS TO A DWELLING - 24 BERKELEY CLOSE, BEROWRA HEIGHTS

DA No:	DA/1221/2022 (Lodged on 23 November 2022)
Description:	Alterations and additions to a dwelling
Property:	Lot 15 DP 219738, No. 24 Berkeley Close, Berowra Heights
Applicant:	Cape Cod Australia Pty Ltd
Owner:	Ms Nicole Ilene Minns
Estimated Value:	$431,871
Ward:	A Ward
Clause 4.6 Request:	Clause 4.3 Height of Buildings under HELP in R2 zoning
Submissions:	One
LPP Criteria:	Proposal contravenes a development standard by more than 10%
Author:	Amelia Xu, Town Planner
COI Declaration:	No Council staff involved in the assessment of this application have declared a Conflict of Interest.

RECOMMENDATION

THAT Council assume the concurrence of the Secretary of the Department of Planning and Environment pursuant to Clause 4.6 of the Hornsby Local Environmental Plan 2013 and approve Development Application No. DA/1221/2022 for alterations and additions to a dwelling at Lot 15 DP 219738, No. 24 Berkeley Close, Berowra Heights subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP13/23

EXECUTIVE SUMMARY

· The application involves alterations and first floor addition to the existing dwelling house.

· The proposal does not comply with the Hornsby Local Environmental Plan 2013 with regard to Clause 4.3 ‘Height of buildings’. The applicant has made a submission in accordance with Clause 4.6 ‘Exceptions to development standards’ of the Hornsby Local Environmental Plan 2013 to contravene the height of buildings development standard. The submission is considered well founded and is supported.

· One submission has been received in respect of the application.

· The application is required to be determined by the Hornsby Council Local Planning Panel as the proposal would contravene the Hornsby Local Environmental Plan 2013 development standard for maximum height of buildings by more than 10 percent.

· The LPP considered the application at its meeting on 26 April 2023 and resolved to defer determination of the application subject to an amended Clause 4.6.

· Subject to the submission of the amended Clause 4.6, the Panel delegated its functions under Section 2.20(8) of the EP & A Act, 1979 to the Manager Development Assessments, Hornsby Shire Council to determine the application.

· It is recommended that the application be approved.

BACKGROUND

On 16 October 2012, a Complying Development Certificate (CDP/1085/2012) was approved for residential alterations and additions (SEPP Controls) comprising construction of a rear deck and pergola.

On 30 October 2018, a Complying Development Certificate (CDP/1124/2018) was approved for residential alterations and additions (SEPP Controls) comprising construction of an inground swimming pool.

The Hornsby LPP considered the application at its meeting on 26 April 2023 and resolved to defer determination of the application subject to an amended Clause 4.6 to correctly address the height variation as measured from existing ground level.

On 26 April 2023, the applicant submitted an amended Clause 4.6 variation. The variation request confirms that the extent of height variation is 1.26m.

SITE

The 935.1m² site is located on the northern side of Berkeley Close and contains a dwelling house, swimming pool and metal shed.

The site experiences 3m of fall towards the north-western side of the site.

The site is not bushfire prone nor flood prone.

The site is burdened by an easement for support of Berkeley Close at the front of the site.

The site is not a heritage item, is not in the vicinity of a heritage item and is not located within a heritage conservation area.

PROPOSAL

The proposal seeks consent for the following works:

· First floor addition with three bedrooms, ensuite, rumpus area (nook) and associated stairwell.

· Remove the existing bathroom to make way for the proposed stairs, convert Bedroom 2 into a bathroom on the ground floor.

· Remove the existing metal spiral stairs and repair ceiling on the lower ground floor.

· Construction of a new staircase from the lower ground level to the first floor.

All proposed works would be located within the building footprint of the existing dwelling house.

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

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

2. STATUTORY CONTROLS

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

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

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

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

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

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

2.1.2 Height of Buildings

Clause 4.3 of the HLEP provides that the height of a building on any land should not exceed the maximum height shown for the land on the Height of Buildings Map. The maximum permissible height for the subject site is 8.5m. The proposal has a maximum height of 9.76m and does not comply with this provision.

The application is supported by a written request pursuant to Clause 4.6 of the HLEP to contravene the maximum height of building development standard, which is discussed in Section 2.1.3 of this report.

2.1.3 Exceptions to Development Standards

The application has been assessed against the requirements of Clause 4.6 of the HLEP. This clause provides flexibility in the application of the development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tender to hinder the attainment of the objectives of the zone.

The proposal exceeds the maximum height shown for the land on the Height of Buildings Map.

The applicant has made a submission in support of the contravention to the development standard in accordance with Clause 4.6 of the HLEP. Clause 4.6 provides that development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a) That compliance with the development standard is unreasonable or unnecessary in the circumstances of the case.

(b) That there are sufficient environmental planning grounds to justify contravening the development standard.

Council must be satisfied that the written request provided by the applicant under Clause 4.6 addresses both the unreasonable and unnecessary test and demonstrates sufficient environmental planning grounds to justify contravening the development standard. These matters are discussed below.

2.1.3.1 Unreasonable or Unnecessary Clause 4.6(3)(a)

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:

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

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

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

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

· 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 written request prepared by House Design & Planning Studio, undated provides a detailed assessment of the proposal with respect to the development standard sought to be contravened. The request argues that:

The departure from the height control is in the order of 1.26m and is isolated to a very minor portion of the new roof form proposed above the first-floor addition, where the existing topography in relation to the host structure is at its lowest point. This portion of the building does not contain any windows or openings that would provide for overlooking of adjoining private open space areas or direct view into habitable rooms. This area is shown in the Height Plane Diagram as below.

Figure 1: Height Plane Diagram showing the area over the height limit

It is also noted that the proposed development has been amended from the initial design to reduce the floor area, which is now predominately situated on the sub-floor and maintains the two-storey appearance of the dwelling. The reduction in floor area ensures that the final development achieves compliance with the solar access provisions of the HDCP 2013.

Figure 2: Section showing building height notations (maximum 9.76m when measured from existing ground level)

The proposed development has been designed in harmony with the streetscape, proposing an upper floor addition that is recessed behind the front building line of the dwelling house below to maintain a consistent street rhythm with adjoining properties. The surrounding streetscape comprises of an eclectic mix of architectural styles and forms, ranging from single and two storey dwellings that likewise accommodate an upper floor component.

To the immediate east of the subject site at 22 Berkeley Close, Berowra Heights is a two-storey dwelling house that follows the sloping gradient of the land. At the completion of works, the height of the subject building will generally appear consistent with the adjoining building despite the non-compliance with the maximum building height provision, due to the consistent slope of the street downwards from east to west.

Figure 3: Streetscape View of 22 & 24 Berkeley Close, Berowra Heights

To the immediate west of the subject site at 26 Berkeley Close, Berowra Heights is a single storey dwelling house with a lower ground floor level garage, similar to the existing built form on the subject site. The dwelling is almost entirely screened by dense vegetation within the front setback of the site and so the building provides little to no contribution to the inherent value or built form characteristics of the streetscape. The proposed upper floor addition is recessed behind the existing ground floor building elevations and maintains a considerable setback distance to the adjoining dwelling, thereby alleviating any potential overshadowing or overlooking impacts. The final development reflects the roof form characteristics of the adjoining dwelling to create a respectful dialogue between the two buildings, despite limited views of this dwelling from the public domain.

Figure 4: Streetscape View of 26 & 24 Berkeley Close, Berowra Heights

The proposed departure from the maximum building height control is not considered likely to result in adverse impacts to adjoining buildings, or buildings in the vicinity of the site, in terms of views, loss of privacy, overshadowing or visual intrusion. The Shadow Diagrams submitted with the application clearly demonstrate that the final development achieves the solar access requirements stipulated under the HDCP 2013 both on the site and for adjoining properties.

The written request also considered the view impact in accordance with the four-step assessment process set out under Tenacity Consulting v Warringah Council to guide whether or not view sharing is reasonable. It is identified that there are no significant public views from the site or adjoining properties. It is surmised that adjoining developments would also have similar views from the front rooms or rear balconies as the subject dwelling.

Alternative design options have been explored in the written request and were not considered feasible when taking into account the established residential characteristics of the streetscape, the constraints of the site and the built form provisions of the HDCP 2013. The details are discussed as below:

Landscaping

A lower ground or ground floor extension was avoided in order to preserve the existing landscaped areas on the site and achieve compliance with the landscape requirement under the HDCP 2013. Presently there is 541.11m²or 57.9% landscaped area on the site and a lower ground or ground floor extension presenting three bedrooms, an ensuite and living space would have potentially decreased this amount to less than the required 30%.

Cut and Fill

A lower ground or ground floor extension would have also required a significant level of excavation or fill due to the sloping topography of the site. Figure 3.1(a) of the HDCP 2013 demonstrates that the maximum permissible level of cut or fill on a site is 1m. In order to achieve a functional floor plan, greater than 1m of excavation or fill would be required at the rear of the building to enable a flat building envelope that integrates with the existing lower ground or ground floor level.

The environmental impacts of the earthworks would far outweigh the negligible impact that would result from exceeding the maximum building height provision.

Setbacks

An extension of the ground or lower ground floor level would also potentially result in a non-compliance with the prescribed front and rear setback distances and would not respect the established building lines of the streetscape.

An extension above the existing garage is not feasible in achieving a functional internal layout, with suitable bedroom sizes and a desirable configuration that achieves optimal solar access. Locating the first-floor addition above garage may have resulted in unreasonable overshadowing impacts to the adjoining single storey dwelling at 26 Berkeley Close, Berowra Heights that is set below the subject building due to the slope of the streetscape from east to west.

Furthermore, due to the existing internal configuration of the development, a rear extension to the lower ground floor level comprising three bedrooms, ensuite and living space would not be desirable as it would require access through the rumpus room. The owner wishes to preserve their private open space area at the rear of the site and retain as much soft landscaping as possible to soften the appearance of the building and achieve a continuous landscape corridor with adjoining properties.

Roof Form

The proposed roof form has been sensitively designed to ensure consistency with the prevailing pitched roof forms of buildings throughout the streetscape. The non-compliance with the building height provision is experienced within the pitch of the roof form, however, if a flat roof form was proposed the development would appear out of character with the existing dwelling house as well as the surrounding streetscape.

Further, it is understood that the minimum first floor level ceiling height provision for a dwelling house is 2.4m. The proposed addition features a ceiling height 2.43m and so any reduction in the building height would result in a non-compliance with the ceiling height control and would significantly impact on the functionality and amenity of the first-floor addition for the residents.

Council notes that the objectives of Clause 4.3 of the HLEP are as follows:

“(a) to permit a height of buildings that is appropriate for the site constraints, development potential and infrastructure capacity of the locality.”

With reference to the reasoning provided by the applicant above, Council does not object to the conclusion that the proposed additions meet the objectives of Clause 4.3. In reaching this conclusion the following points are noted:

· The height of a building is defined under HLEP as “the vertical distance from ground level (existing) to the highest point of the building.” The site has been subject to previous earthworks to construct existing lower ground level.

· The proposed non-compliance would only be limited to a small portion of the roof form due to the existing lower ground level.

· Furthermore, the application generally complies with privacy requirements, sunlight access, setbacks, floor area, site coverage and landscaping. The application proposes a 2.43m floor to ceiling height for the proposed first floor level and a low pitch roof to minimise the height of the proposed development.

· Alternative extensions to the lower ground floor or ground floor may result in a reduction and possible non-compliance with prescribed setbacks, earthworks, and landscaping measures. Further, functional internal layout would not be achievable due to the existing layout of the dwelling house resulting in adverse impacts to residential amenity.

· The non-compliance would not result in any adverse amenity impacts to adjoining properties.

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

For the reasons outlined above, it is considered that the written request to contravene the height of buildings development standard adequately demonstrates that the objectives of the development standard contained within Clause 4.3 of the HLEP are achieved, notwithstanding contravention of the development standard.

2.1.3.2 Environmental Planning Grounds - Clause 4.6(3)(b)

In addition to demonstrating that compliance is unreasonable or unnecessary, Clause 4.6(3)(b) 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].

The applicant provided the following planning grounds for the contravention of the development standard:

· The proposed variation is minor in nature, in the order of 1.26m, and is isolated to the roof section of the proposed addition where the existing topography in relation to the host structure is at its lowest point. As detailed on the Architectural Plans submitted with this application, the remaining areas of the built form are fully compliant with the maximum building height control under Clause 4.3 of the HLEP 2013.

· The proposed variation only covers a small proportion of the site and has been centrally within the building footprint to maintain a considerable setback to adjoining building and to avoid obstruction of views from the surrounding streetscape, noting that views are limited to neighbourhood views.

· The proposed height variation will not generate any unacceptable adverse environmental impacts in respect of overshadowing or wind impacts. This is clearly demonstrated by the Shadow Diagrams submitted with this application, with the development maintaining an appropriate level of solar access to adjoining living and private open space areas through the incorporation of suitable setback distances to the side and rear property boundaries. The location of the proposed first floor level behind the front building line and side elevations of the host structure ensures overshadowing of properties to the east and west is avoided.

· Notwithstanding the proposed height variation, the final development continues to satisfy the objectives of the maximum building height control as demonstrated above.

· The complying building envelope is significantly compromised by the sloping topography of the land. It is therefore considered necessary to contravene the maximum building height control in order to provide a functional and aesthetic first floor level with a roof profile that reflects the existing dwelling house to ensure that the final development does not present as a piecemeal building when viewed from adjoining properties and the public domain.

· The breach of building height relates only to a small portion of the roof form and is not in relation to any usable or habitable floor area. Therefore, the portion of the development located above the maximum building height will not contain any windows or openings that will provide for direct view into adjoining properties or result in privacy concerns.

· The proposed variation will not result in a development that is out of character with that envisioned by Hornsby Shire Council. The final development will present to the public domain as a traditional split-level dwelling house that is sympathetic of adjoining buildings and achieves an appropriate balance between the built form, landscaped areas and private open space.

The proposed contravention to the HOB development standard is acceptable in this case for the following reasons:

· The design of the existing dwelling having a lower ground level with existing ground level at RL 172.60 results in the roof ridge being over the maximum allowable HOB above this point.

· The proposed addition to the dwelling is commensurate with other development in the locality.

· The contravention of the building height standard is supported noting that:

o The floor to ceiling height of the first-floor addition is compliant with the minimum 2.4m celling height, having a floor to ceiling height of 2.43m.

o The roof pitch of the proposed addition is 18-degree low pitch roof to minimise the height of the proposed development.

o The encroachment relates to only a minor portion of the roof.

o The encroachment does not result in a development which is excessive in terms of bulk or scale.

o The encroachment does not result in excessive overshadowing to neighbouring allotments.

Council considers that the environmental planning grounds stated within the written request are sufficient with respect to Clause 4.6(3)(b) and that the stated grounds are specific to the proposed development and the circumstances of the development site. It is therefore considered that the written request adequately demonstrates compliance with the clause and is acceptable in this regard.

In demonstrating the unreasonable and unnecessary test, the applicant further established satisfactory environmental planning grounds with respect to the site and the surrounding constraints.

Council is therefore satisfied that Clause 4.6(3)(b) of the HLEP is adequately addressed.

2.1.3.3 Public Interest and Clause 4.6(4)

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)(i), the written request is considered to adequately address the matters required to be demonstrated as outlined above.

With regard to part (a)(ii), 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.

With regard to (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%.

Therefore, the exceedance of the height of buildings development standard is supported in this instance.

2.1.4 Heritage Conservation

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

2.1.5 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.

Council’s assessment of the proposed works and excavation concludes that the impacts would be minimal. The existing bearers and joists of the dwelling house will be utilised as footings for the proposed first floor addition. No cut or fill is required to construct the development. The proposal is assessed as satisfactory with regards to Clause 6.2 of the HLEP.

2.1 State Environmental Planning Policy (Biodiversity and Conservation) 2021

The application has been assessed against the requirements of Chapter 2 and 6 of State Environmental Planning Policy (Biodiversity and Conservation) 2021.

2.1.1 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.

No trees are proposed to be removed or impacted under the current proposal.

2.1.2 Chapter 6 Water Catchments

The site is located with the catchment of the Hawkesbury Nepean River. Chapter 6 contains general planning considerations and strategies requiring Council to consider the impacts of development on water quality and quantity, aquatic ecology, flooding, recreation and public access and total catchment management.

Subject to the implementation of sediment and erosion control measures and stormwater management to protect water quality, the proposal would meet the aims of the Policy.

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

The application has been assessed against the requirements of State Environmental Planning Policy (BASIX) 2004 which seeks to encourage sustainable residential development.

The proposal includes a BASIX certificate in accordance with the requirements of the SEPP including the list of commitments to be complied with at the construction stage and during the use of the premises. The BASIX certificate achieves the minimum scores for thermal comfort, water, and energy.

The proposal is acceptable in this regard.

2.3 State Environmental Planning Policy (Resilience and Hazards) 2021

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

2.3.1 Chapter 4 Remediation of Land

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

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

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

2.4 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.

2.5 Hornsby Development Control Plan 2013

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

HDCP - Part 3.1 Dwelling Houses
Control	Proposal	Requirement	Complies
Site Area	935.1m²	N/A	N/A
Building Height	9.76m	8.5m	No
No. storeys	3	max. 2 + attic	No
Site Coverage	unchanged	40%	Yes
Floor Area	286.7m²	430m²	Yes
Setbacks
- Front	unchanged	6m	Yes
- Side(west)
Ground floor	unchanged	900mm	Yes
First floor	7.2m	1.5m	Yes
- Side(east)
Ground floor	unchanged	900mm	Yes
First floor	2m	1.5m	Yes
- Rear
Ground floor	unchanged	3m	Yes
First floor	32.1m	8m	Yes
Landscaped Area (40% of lot size)	unchanged	374.04m²	Yes
Private Open Space
- minimum area	24m²	24m²	Yes
- minimum dimension	3m	3m	Yes
Car Parking	2 spaces	2 spaces	Yes

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

2.5.1 Height of Building

The development does not comply with the 8.5m height of buildings prescriptive measure. This aspect of the development is discussed in detail in Section 2.1.3 of this report.

2.5.2 Scale (No. of Storeys)

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

This outcome is supported by the prescriptive measures set out in Table 3.1.1(a): Translation of Height to Storeys which prescribes a maximum two storeys plus an attic.

The proposed first floor addition would create a three-storey structure when viewed from the rear of the site. The property would be viewed as a two-storey structure from Berkeley Close.

In support of this non-compliance, it is noted that the existing lower ground floor level is a result of previous development and the proposed first floor addition would have a similar RL (RL 182.36) to the adjoining property No. 22 Berkeley Close (RL 182.67) and therefore would be of similar scale to adjoining properties.

Furthermore, when viewed from Berkeley Close the proposed development would present as a 2-storey structure and the application complies with the prescriptive measures for privacy and sunlight access as discussed in the body of this report.

Therefore, it is generally considered that the proposed development would have negligible amenity impacts to adjoining properties in regard to scale and the proposed design meets the constraints of the site.

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

2.5.3 Privacy

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

This is supported by the prescriptive measures that state that:

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

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

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

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

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

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

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

A submission has been received raising concerns regarding the overlooking impact from the first-floor windows. It is noted that an upper rumpus room (nook) is proposed. The upper rumpus room window is oriented towards the rear boundary with a sill height of 1.51m and is unlikely to result in any overlooking. All other first floor level windows would provide natural light and ventilation to ‘non-habitable’ use rooms (bathroom and bedrooms) in compliance with Council’s planning guidelines.

A submission has been received raising concerns regarding the overlooking impact from the existing ground floor deck. It is noted that the ground floor deck was approved under a Complying Development Certificate (CDP/1085/2012), in accordance with State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, a privacy screen is required if the deck has a setback of less than 3m from a side or rear boundary, and has a floor area more than 3m², and has a floor level more than 1 metre above ground level (existing). The ground floor deck is located over 3m from the side boundaries. Therefore, a privacy screen is not required. No alteration has been proposed for the ground floor deck under the current proposal.

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

2.5.4 Sunlight Access

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

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

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

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

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

The proposal will result in minor additional overshadowing to the front yard and western building façade of the property adjoining the site to the east (No. 22 Berkeley Close) and eastern building façade of the property adjoining the site to the west (No. 26 Berkeley Close). Notwithstanding, over 50% of the private open space of this property will receive at least 3 hours of unobstructed sunlight access.

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

2.6 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. Should the application be approved, an appropriate condition of consent is recommended 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 Natural Environment

3.1.1 Tree and Vegetation Preservation

No trees would be adversely impacted to facilitate development works. The proposed development is located solely within the existing building footprint and does not impact the existing trees.

3.1.2 Stormwater Management

The application proposes to dispose of stormwater generated by the first-floor addition by connecting to the existing stormwater system of the dwelling house that drains stormwater to an existing absorption trench at the rear of the site.

3.2 Built Environment

3.2.1 Built Form

As discussed in Section 2.1 of this report, the proposed built form on the subject site is appropriate with regard to the existing dwelling house and the residential development in the surrounding locality. No objections are raised to the built form of the proposed first floor addition

3.3 Social Impacts

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

3.4 Economic Impacts

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

4. SITE SUITABILITY

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

The subject site has not been identified as bushfire prone or flood prone land. The site is considered to be capable of accommodating the proposed development. The scale of the proposed development is consistent with the capability of the site and is considered acceptable.

5. PUBLIC PARTICIPATION

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

5.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 24 November 2022 and 11 December 2022 in accordance with the Hornsby Community Engagement Plan. During this period, Council received one submission. 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

One submission objected to the development, generally on the grounds that the development would result in:

· Privacy impact to adjoining properties.

· Ongoing issue with stormwater runoff.

· Concerns regarding construction impact.

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

5.1.1 Privacy

The submission raised concerns regarding privacy impacts to the adjoining properties, has been addressed in Section 2.5.3 Privacy of this report.

5.1.2 Stormwater

The submission raised concerns regarding an ongoing issue that the existing storm water system is not coping during heavy rain. To address this concern, it is noted that the proposed first floor addition does not increase the roof area. The first-floor addition is proposed to connect to the existing drainage system which contains an existing absorption trench at the rear of the site. It is considered that the proposed development would have negligible stormwater impact to adjoining properties.

5.1.3 Construction Impact

The submission raised concerns regarding potential construction impacts and requested that measures be imposed to prevent any building debris, soil, sand, waste, general rubbish to adjoining properties. To address this concern, it is noted that appropriate conditions have been recommended in Schedule 1 of this report requiring that the site be managed in accordance with the publication ‘Managing Urban Stormwater - Landcom (March 2004) and Protection of the Environment Operations Act 1997 to prevent sediment run-off, excessive dust, noise or odour emanating from the site during the construction.

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

CONCLUSION

The application proposes alterations and first floor addition to the existing dwelling house.

Council received one submission during the public notification period. The matters raised have been addressed in the body of the report.

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

The reasons for this decision are:

· The request under Clause 4.6 of Hornsby Local Environmental Plan 2013 to contravene the Clause 4.3 Height of Buildings 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.

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

Cassandra Williams

Major Development Manager - Development Assessments

Planning and Compliance Division

Rod Pickles

Manager - Development Assessments

Planning and Compliance Division

Attachments:

1.⇩	Locality Plan
2.⇩	Clause 4.6
3.⇩	Architectural Plans
4.⇩	Height Plane Diagram
5.⇩	Sectional Diagram
6.⇩	Shadow Diagram
7.⇩	Stormwater Concept Plan

File Reference: DA/1221/2022

Document Number: D08617951

SCHEDULE 1

GENERAL CONDITIONS

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

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

1. Approved Plans and Supporting Documentation

Approved Plans

*Plan No.*	*Plan Title*	*Drawn by*	*Dated*	*Council Reference*
Page 1 Issue E	Title	Cape Cod Austraia	31.01.2023
Page 2 Issue E	Site Plan	Cape Cod Austraia	31.01.2023
Page 3 Issue E	Proposed Lower Ground Floor Plan	Cape Cod Austraia	31.01.2023
Page 4 Issue E	Proposed Ground Floor Plan	Cape Cod Austraia	31.01.2023
Page 5 Issue E	Proposed First Floor	Cape Cod Austraia	31.01.2023
Page 6 Issue E	South Elevation & West Elevation	Cape Cod Austraia	31.01.2023
Page 7 Issue E	North Elevation & East Elevation	Cape Cod Austraia	31.01.2023
Page 8 Issue E	Section AA & Section BB	Cape Cod Austraia	31.01.2023

Supporting Documentation

*Document Title*	*Prepared by*	*Dated*	*Council Reference*
Stormwater Drainage Plan	Cape Cod Australia	-	D08585066
BASIX Certificate No. A460403_03	Cape Cod Australia	07/02/2023	D08585059
Waste Management Report	Cape Cod Australia	-	D08540869

2. 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 Subdivision Works Certificate is required to be approved by Council or a Private

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

Reason: To ensure that detailed construction certificate plans are consistent with the approved plans and supporting documentation.

3. 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, $4,318.70 must be paid towards the provision, extension or augmentation of public amenities or public services, based on development costs of $431,871.00.

b) The value of this contribution is current as of 3 April 2023. 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.

Reason: To address the increased demand for community infrastructure resulting from the approved development.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

4. Building Code of Australia

Reason: Prescribed condition - EP&A Regulation section 69(1)

5. Contract of Insurance (Residential Building Work)

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

Reason: Prescribed condition EP&A Regulation section 69(2)

6. Notification of Home Building Act 1989 Requirements

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

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

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

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

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

i) The name of the owner-builder.

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

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

Reason: Prescribed condition EP&A Regulation section 71(2) and (3)

7. Sydney Water – Approval

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

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

Reason: To ensure the development is provided with the relevant utility services.

8. Stormwater Drainage - Dwellings

The stormwater drainage system for the development must be designed for an average recurrence interval (ARI) of 20 years and be gravity drained to the existing internal drainage system.

Reason: To ensure appropriate provision for management and disposal of stormwater.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

9. Erection of Construction Sign

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

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

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

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

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

Reason: Prescribed condition EP&A Regulation, section 70(2) and (3).

10. Protection of Adjoining Areas

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

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

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

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

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

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

Reason: To ensure public safety and protection of adjoining land.

11. Toilet Facilities

a) To provide a safe and hygienic workplace, toilet facilities must be available or be installed at the works site before works begin and must be maintained until the works are completed at a ratio of one toilet for every 20 persons employed at the site.

b) Each toilet must:

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

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

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

Reason: To ensure adequate toilet facilities are provided.

12. Erosion and Sediment Control

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

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

Reason: To minimise impacts on the water quality of the downstream environment.

REQUIREMENTS DURING DEMOLITION AND CONSTRUCTION

13. Construction Work Hours

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

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

Reason: To protect the amenity of neighbouring properties.

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

Reason: To ensure the appropriate removal and disposal of demolition materials.

15. Environmental Management

Reason: To minimise impacts to the natural environment and public health.

16. Council Property

Reason: To protect public land.

17. Disturbance of Existing Site

Reason: To protect the natural features of the site.

18. 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.

Reason: To ensure buildings are positioned in the approved location and at the correct height.

19. Waste Management

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

Reason: To ensure the management of waste to protect the environment and local amenity during construction.

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

20. Fulfilment of BASIX Commitments

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

Reason: Prescribed condition under section 75) EP&A Regulation)

21. Damage to Council Assets

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.

Reason: To ensure public infrastructure and property is maintained.

- END OF CONDITIONS -

ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulation 2021, other relevant legislation and Council’s policies and specifications. This information does not form part of the conditions of development consent pursuant to Section 4.17 of the Act.

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

· Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy

In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act 1986, a ‘Long Service Levy’ must be paid to the Long Service Payments Corporation (LSC) at www.longservice.nsw.gov.au.

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

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

Tree and Vegetation Preservation

Hornsby Development Control Plan 2013 Tree and Vegetation Preservation provisions have been developed under Council’s authorities contained in State Environmental Planning Policy (Biodiversity and Conservation) 2021 and the Environmental Planning and Assessment Act 1979.

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

Note: A tree is defined as a long lived, woody perennial plant with one or relatively few main stems with the potential to grow to a height greater than three metres (3m). (HDCP 1B.6.1.c).

Covenants

Before You Dig

Asbestos Warning

www.environment.nsw.gov.au

www.adfa.org.au

Alternatively, telephone SafeWork NSW on 13 10 50.

Rainwater Tank

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

LPP Report No. LPP12/23

Local Planning Panel

Date of Meeting: 26/04/2023

6 DA/39/2023 - TORRENS TITLE SUBDIVISION OF 1 LOT INTO 3 AND CONSTRUCTION OF AN ACCESS DRIVEWAY - 2-4 HILLCREST ROAD, BEROWRA

DA No:	DA/39/2023 (Lodged on 12 January 2023)
Description:	Torrens title subdivision of 1 lot into 3 and construction of an access driveway
Property:	Lot B DP 373120, No. 2-4 Hillcrest Road, Berowra
Applicant:	Mr James Shaw
Owner:	Kim Maree Burke
Estimated Value:	$20,000
Ward:	A Ward
Clause 4.6 Request:	N/A
Submissions:	2
LPP Criteria:	Demolition of heritage item
Author:	Stuart Ratcliff, Senior Town Planner
COI Declaration:	No Council staff involved in the assessment of this application have declared a Conflict of Interest.

RECOMMENDATION

THAT Development Application No. DA/39/2023 for Torrens title subdivision of 1 lot into 3 and construction of an access driveway at Lot B DP 373120, No. 2-4 Hillcrest Road, Berowra be approved subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP12/23.

executive summary

· The application involves the Torrens title subdivision of one lot into three lots and construction of an access driveway.

· The proposal complies with the minimum lot size development standard within the Hornsby Local Environmental Plan 2013 and complies with the desired outcomes and prescriptive measures of the Hornsby Development Control Plan 2013.

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

· The application is required to be determined by the Hornsby Council Local Planning Panel as the proposal constitutes ‘Sensitive development’ being development involving the demolition of a heritage item. In this regard, it is noted that the heritage listing of the subject site relates to the landscaping areas of the site and these areas will be removed as a result of the proposed subdivision.

· It is recommended that the application be approved.

BACKGROUND

On 22 January 2022, a pre-lodgement application seeking advice in relation to the proposed subdivision of the site was lodged with Council. This application was subsequently withdrawn.

On 12 January 2023, the subject application was lodged.

On 14 March 2023, Council requested additional information in relation to the proposed location of private open space and parking areas of the building envelopes on the new lots to be created and construction details relating to the new driveway and parking area to be associated with the lot that will contain the existing dwelling. The applicant was also requested to provide a Tree Protection Plan in relation to the existing trees to be retained on the site.

On 20 March, the applicant submitted an amended plan clarifying the above requested details.

SITE

The 1,910.1m² site is located at the corner of Hillcrest Road and Balaclava Road, Berowra. The site has a 39.167m wide primary frontage to Hillcrest Road and a 48.768m wide secondary frontage to Balaclava Road. The site contains a single storey dwelling house and a detached garage.

The site is predominantly surrounded by low density residential development with the exception of the adjoining site to the south that contains a primary school (Berowra Public School).

The site falls 3.9m from the south-eastern corner to the north-western corner.

The site is a heritage listed item under Schedule 5 of the Hornsby Local Environmental Plan 2013 but is not contained within a Heritage Conservation Area (HCA).

The site is not burdened by any known easements or restrictions.

The site is not bushfire prone land or flood prone.

PROPOSAL

The application proposes the Torrens title subdivision of one lot into three and the construction of an access driveway, as outlined below:

· Proposed Lot 1 would have an area of 903.8m² and would contain the existing dwelling and detached garage. The access driveway from Balaclava Road and a parking area for two vehicles would be constructed on this allotment.

· Proposed Lot 2 would have an area of 506.2m². Vehicle access to this lot would be from Hillcrest Road.

· Proposed Lot 3 would have an area of 500m². Vehicle access to this lot would be from either Hillcrest Road or Balaclava Road (subject to the future development of the site). The proposal indicates that this access will likely be from Hillcrest Road. This lot will also be burdened by a 2m wide easement for sewerage.

The physical works of the proposal are limited to the construction of the access driveway and parking area to service Proposed Lot 1 and the installation of stormwater drainage lines connecting the existing dwelling to be retained to Council’s system in Balaclava Road. The proposal would also result in the removal of seven trees from the site.

The construction of access driveways and stormwater management infrastructure in relation to Proposed Lots 2 and 3 would be undertaken separately to this application.

ASSESSMENT

1. STRATEGIC CONTEXT

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

The NSW Government will use the subregional planning process to define objectives and set goals for job creation, housing supply and choice in each subregion. Hornsby Shire has been grouped with Hunters Hill, Ku-ring-gai, Lane Cove, Mosman, North Sydney, Ryde, Northern Beaches and Willoughby to form the North District. The Greater Sydney Commission has released the North District Plan which includes priorities and actions for Northern District over the next 20 years. The identified challenge for Hornsby Shire will be to provide an additional 4,350 dwellings by 2021 with further strategic supply targets to be identified to deliver 97,000 additional dwellings in the North District by 2036.

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

Clause 2.6 of the HLEP permits the subdivision of land to which the instrument applies, but only with development consent. The proposed subdivision of the subject land is permissible with Council’s consent.

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

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

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

The proposed subdivision would facilitate the provision of housing to meet the needs of the community. It is considered that the proposal satisfies the zone objectives.

2.1.2 Minimum Subdivision Lot Size

Clause 4.1 of the HLEP provides that the minimum size of any lot resulting from the subdivision of the subject site is 500m².

Proposed Lot 1 would have an area of 903.8m², Proposed Lot 2 would have an area of 506.2m² and Proposed Lot 3 would have an area of 500m². All three lots would comply with the minimum lot size requirement.

2.1.3 Height of Buildings

Clause 4.3 of the HELP provides that the maximum height of any buildings to be constructed on the site is not to exceed 8.5m. The only physical structures proposed are the access driveway to service Proposed Lot 1 and stormwater drainage lines. Both structures would be provided at or below the existing ground level. As such, the proposal is consistent with this Clause.

2.1.4 Heritage Conservation

Clause 5.10 of the HLEP sets of heritage conservation provisions for Hornsby Shire. The property is listed as a landscape Heritage Item Garden (No. 170) under Schedule 5 of the HELP. The site is not contained in any statutory Heritage Conservation Area and is not within the immediate vicinity of any listed heritage items.

The existing dwelling at No. 2-4 Hillcrest Road was constructed in c1949 and is a typical example of a single storey brick and tile Post-War house that retains most of its original form. The house is set within a large garden bounded by a boundary timber post and rail fence. The garden includes original landscape features such as a timber arbour over the vehicular entry, a pergola at the southeast corner, a sandstone seat, bird bath and a rotary clothesline. Trees and shrubs are planted along all four boundaries as well as within the site with an expanse of well-kept lawn.

In 2018, Council commenced a Shire wide Comprehensive Heritage Study. This study will review existing and potential heritage items as to their value from a heritage significance perspective. This study is currently on-going. However, preliminary considerations of the significance of the subject site have indicated that it is likely a future recommendation will be provided that the site be de-listed as a heritage item. The basis of this recommendation would be:

· Individual trees are not exceptional and are otherwise conserved through standard Tree Protection legislation.

· The garden is unplanned and does not have a discernible layout, most planting is to the boundaries, and does not bear a relationship with the house.

· The garden is not an exceptional representative example of a 1950’s garden.

· Timber fencing to the street frontage is unremarkable, in disrepair and typical of the 1970’s.

· Concrete bird bath is unremarkable and typical of the 1960’s and is seen in a range of gardens.

· Little underplanting from the historic period remains.

· The rotary clothes hoist may have representative value and be of interest to some collectors groups, but its significance is not tied specifically to this site. A photographic record of the rotary hoist within its existing residential context should be taken prior to its delisting and removal.

Noting the limited heritage significance of the site, the statutory listing of the site as a landscape heritage item is not considered to be restrictive to the subdivision of the property, subject to the proposal being of sufficient planning merit. Notwithstanding this, due consideration must be given to the consistency of the proposed subdivision with the matters for consideration set out under Clause 5.10.

The applicant has submitted a Heritage Impact Statement (HIS) as part of this proposal. The HIS has provided an accurate and recent significant assessment of the heritage values of the site. The HIS findings concluded that the heritage values of the garden which supported the heritage listing of the site in 1994 (gazetted with the making of the superseded Hornsby Shire Local Environmental Study 1994) and retention of the heritage listing within Schedule 5 of the HLEP with a review of the heritage values in 2012 (Heritage Review 5, prepared by Godden Mackay Logan), are no longer apparent.

Accordingly, the proposal to subdivide the property to allow future development would have no adverse impact on significant cultural heritage landscape values of Hornsby Shire. The subject garden is acknowledged to be unplanned, with no discernible layout, to contain no exceptional trees of heritage value and to have no planned relationship to the house or retain a horticultural style of the era it is attributed too.

The rotary clothesline has been identified to retain significant research value and should be photographed to record the historic association within the garden context. Prior to any future removal, the property owner should also be obligated to investigate if any community group or museum would like to obtain the clothes line as an item of moveable heritage.

The retention of the existing clothesline will be required by the recommended consent conditions. Subject to adherence with this requirement, the proposal is consistent with this Clause.

2.1.5 Earthworks

Council’s assessment of the proposed works and excavation concludes that the extent of earthworks to take place as a result of the development is minimal. This is limited to introduction of the access driveway for Proposed Lot 1 and the implementation of stormwater drainage works. The maximum cut associated with the driveway access would be approximately 900mm and the proposed stormwater drainage infrastructure relates to drainage lines and pits that would be just below the existing natural ground level. These works will not be of any material impact on adjoining properties, will not significantly alter the natural topography of the site and will not compromise the soil stability of the locality. As such, the proposal is consistent with the matters for consideration set out under this Clause.

2.2 State Environmental Planning Policy (Biodiversity and Conservation) 2021

The application has been assessed against the requirements of Chapter 2 and 6 of State Environmental Planning Policy (Biodiversity and Conservation) 2021.

2.2.1 Chapter 2 Vegetation in non-rural areas

Chapter 2 of this Policy seeks to protect the biodiversity values of trees and other vegetation in non-rural areas of the State, and to preserve the amenity of non-rural areas of the State through the preservation of trees and other vegetation.

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 Hornsby Development Control Plan 2013 (HDCP) prescribes works that can be undertaken with or without consent to trees.

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

2.2.2 Chapter 6 Water Catchments

The site is located within the Hawkesbury-Nepean catchment area. The aim of this chapter is to ensure the proposed development will not adversely impact on the quality of water entering the Hawkesbury Nepean River, Sydney Harbour and other nominated waterways, the effective functionality of the water catchment itself, the welfare of marine ecology, development within the catchment areas resulting from occurrences such as flooding, the scenic quality of waterways and the recreational use of the catchment areas.

The proposal primarily relates to subdivision with minor works associated with the construction of an access driveway and drainage lines. Subject to the implementation of sediment and erosion control measures in association with these works and stormwater management to protect water quality (required as per the recommended consent conditions), the proposal would comply with the requirement of the Policy.

2.3 State Environmental Planning Policy (Resilience and Hazards) 2021

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

2.3.1 Chapter 4 Remediation of land

Clause 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.

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

2.5 Hornsby Development Control Plan 2013

HDCP - Part 3.1 Dwelling Houses (Existing dwelling on Proposed Lot 1)
Control	Proposal	Requirement	Complies
Site Area	903.8m²	N/A	N/A
Building Height	Existing	N/A	N/A
No. storeys	Existing	N/A	N/A
Site Coverage	19%	40%	Yes
Floor Area
- Dwelling	127m²	430m²	Yes
- Outbuilding (detached garage)	40m²	100m²	Yes
Setbacks
- Front	15.1m	6m	Yes
- Side (east)	2.768m	0.9m	Yes
- Side (west to new boundary)	3.862m	0.9m	Yes
- Rear	12.35m	3m	Yes
Landscaped Area (% of lot size)	59%	40%	Yes
Private Open Space
- minimum area	>24m	24m²	Yes
- minimum dimension	3.42m	3m	Yes
Car Parking	2	2	Yes
HDCP - Part 6 Subdivision
Control	Proposal	Requirement	Complies
Site Area	1,910.1m²	N/A	N/A
Lot Sizes
- Lot 1	903.8m²	500m²	Yes
- Lot 2	506.2m²	500m²	Yes
- Lot 3	500m²	500m²	Yes
Lot Widths
- Lot 1	23.076m	12m	Yes
- Lot 2	19.705m	12m	Yes
- Lot 3	19.462m	12m	Yes
Lot 2
Building Envelope	201m²	200m²	Yes
Setbacks
- Front setback (Hillcrest Road)	8.3m	6m	Yes
- Side (north)	2.3m	0.9m	Yes
- Side (south)	3.4m	0.9m	Yes
- Rear	3m	5m	No
Landscaped Area (% of lot size)	51%	20%	Yes
Private Open Space
- minimum area	>24m²	24m²	Yes
- minimum dimension	3m	3m	Yes
Car Parking	2 spaces	2 spaces	Yes
Lot 3
Building Envelope	201m²	200m²	Yes
Setbacks
- Primary frontage (Hillcrest Road)	7.97m	6m	Yes
- Secondary frontage (Balaclava Road)	4.65m	3m	Yes
- Side (south)	2.4m	0.9m	Yes
- Rear	3m	5m	No
Landscaped Area (% of lot size)	50%	20%	Yes
Private Open Space
- minimum area	>24m²	24m²	Yes
- minimum dimension	3m	3m	Yes
Car Parking	2 spaces	2 spaces	Yes

As detailed in the above table, there are non-compliances with the rear setback control in the HDCP which are discussed below including a brief discussion on compliance with relevant performance requirements.

2.5.1 Scale

The proposal does not include any physical building works that will be of a discernible scale as viewed from adjacent properties or the streetscape. The existing dwelling to be retained on proposed Lot 1 will be of an acceptable built form relationship with the reduced size of the allotment on which it will stand, satisfying the desired outcome of Part 3.1.1 Scale of the HDCP, being “Development with a height, bulk and scale that is compatible with a low density residential environment”.

2.5.2 Setbacks

The desired outcomes of Part 3.1.2 Setbacks of the HDCP are to encourage “setbacks that are compatible with adjacent development and complement the streetscape”. This desired outcome is composite with those relating to indicative building envelopes outlined within Part 6.2 Urban Subdivision of the HDCP.

As outlined in the above compliance table, the proposal is consistent with the specified setbacks as they relate to the existing dwelling to be retained on proposed Lot 1. However, the indicative building footprints on proposed Lots 2 and 3 do not comply with the required 5m building setback, with a 3m building setback proposed.

In terms of merit, this non-compliance is not considered to be unreasonable. This conclusion notes that the rear setback of these sites provides sufficient area for private open space with access to a compliant level of solar amenity. Additionally, given the generous setback of the existing dwelling on proposed Lot 1 to the new western boundary, a large separation of more than 6m may be provided to the future dwellings of the new allotments.

Moreover, the 5m rear setback numerical requirement of Part 6.2 of the HDCP has been identified as an anomaly with the 3m rear building setback requirement of Part 3.1.2 of the HDCP. Council is currently looking to address this inconsistency as part of an amendment to the HDCP. The amendment has been exhibited and seeks to reduce the minimum rear building envelope setback from 5m to 3m to provide consistency with the minimum rear building setback anticipated for single storey dwellings under Part 3.1.2 of the HDCP.

Therefore, noting the above, the Desired Outcomes of both Part 3.1.2 and 6.2 of the HDCP are satisfied in this instance.

2.5.3 Landscaping

The Desired Outcomes of Part 3.1.3 Landscaping of the HDCP are “Landscaping that integrates the built form with soft landscaping and retains and enhances the tree canopy” and “Development that retains existing landscape features”. This desired outcome is composite with those relating to landscaping outlined within Part 6.2 Urban Subdivision of the HDCP.

All three allotments will provide compliant landscaping area that will ensure a positive contribution is retained by the site to the low-density residential character of the surrounding area. As such, the proposal is satisfactory with regard to the above desired outcomes.

2.5.4 Open Space

The Desired Outcome of Part 3.1.4 Open Space of the HDCP is “Private open space that functions as an extension to the dwelling house”. Part 6.2 Urban Subdivision does not state an objective relating to the provision of private open space as this is inherent to the Desired Outcomes that seek adequate landscaping and separation between buildings.

The proposal provides compliant private open space area to all three allotments and the application is therefore satisfactory in this regard.

2.5.5 Sunlight Access

The Desired Outcomes of Part 3.1.5 Sunlight Access of the HDCP are “Dwelling houses designed to provide solar access to open space areas” and “Development designed to provide reasonable sunlight to adjacent properties”. Part 6.2 Urban Subdivision does not state an objective relating to the provision of private open space as this is inherent to the Desired Outcomes that seek an adequate separation between buildings.

The proposal provides compliant solar access to the private open space areas of all three allotments and the application is therefore satisfactory in this regard.

2.5.6 Privacy

The Desired Outcome of Part 3.1.6 Privacy of the HDCP is “Development that is designed to provide reasonable privacy to adjacent properties”. Part 6.2 Urban Subdivision does not state an objective relating to the provision of privacy as this is inherent to the Desired Outcomes that seek to provide development that is compatible with a low density residential environment and an adequate separation between buildings.

The proposal will ensure adequate privacy is available to the future dwellings on proposed Lots 2 and 3. This conclusion notes the generous side setback of the existing dwelling from the western boundary of proposed Lot 1 and that the existing dwelling on proposed Lot 1 is single storey in height. This dwelling is unlikely to unduly overlook the private open spaces or future dwellings on proposed Lots 1 and 2 and any such overlooking may be addressed by way of future dwelling design and/ or boundary fencing and screen plantings. The application is therefore satisfactory in this regard.

2.5.7 Vehicular Access and Parking

The Desired Outcome of Part 3.1.7 Vehicle Access and Parking of the HDCP is “Development that provides sufficient and convenient parking for residents with vehicular access that is simple, safe and direct.” Part 6.2 Urban Subdivision does not state an objective relating to the provision as this in an inherent requirement of the controls relating to the demonstration of an acceptable building envelope of a subdivided allotment that may accommodate both the dwelling and two requisite parking spaces (behind the building line of the dwelling). Both proposed Lots 2 and 3 satisfactorily provide two such spaces.

While proposed Lot 1 would provide two spaces for the existing dwelling, these spaces are to be located forward of the existing dwelling, within the front setback of the building to the new primary frontage of Balaclava Road. The positioning of these parking spaces in this location does not comply with Prescriptive Measure ‘a’ of Part 3.1.7 of the HDCP.

In terms of the merit of this proposed non-compliance, the departure from the numerical control is not considered contrary to the above stated Desired Outcome. Although forward of the dwelling of the subject site, the parking area is behind the front setback stated by the controls set out under Part 3.1.2 of the HDCP and is generally consistent with the predominant front building alignment along the southern side of Balaclava Road (being properties to the east of the subject site). The setback of dwellings and parking areas of these properties generally range from approximately 6-7m and as such, the location of the proposed parking area (which is of an open, hard stand configuration), will not unreasonably disrupt the character of the streetscape or the general amenity of the area. The proposed parking area would be easily accessible for the occupants of the existing dwelling and provides safe and convenient access to Balaclava Road that would not unduly impact vehicles movements within this street.

Therefore, noting the above, the proposal is assessed as consistent with the Desired Outcome of Part 3.1.7 of the HDCP.

2.6 Contributions Plans

Hornsby Shire Council Section 7.11 Contributions Plan 2020-2030 applies to the development as it would result in an additional two allotments with the ability to be used for future residencies. Accordingly, the requirement for a monetary Section 7.11 contribution is recommended as a condition of consent.

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The proposed development would ultimately result in the removal of seven trees from the site, being trees numbered T5, T8, T9, T24, T26, T35 and T36 as identified within the submitted arborist report.

Trees 5, 8 and 9 are proposed for removal as the likely driveway entrance locations/ stormwater drainage pits to facilitate the future development of Proposed Lots 2 and 3 will significantly impact on the root structure of these trees, ultimately resulting in tree failure.

Tree 24 is identified as a weed species (Broad Leaf Privet) that should be removed from the site.

The current location of Tree 26 conflicts with the position of the proposed parking area for proposed Lot 1.

Trees 35 and 36 are at an advanced stage of life and are recommended for removal due to likely failure in the short term.

It is considered that sufficient area will remain on the site to enable the replacement planting of these trees and conditions to this effect are recommended within Schedule 1 of this report. The trees to be removed are not critical to the tree canopy of the area or of species of ecological importance and offsetting their removal through replacement plantings is consistent with the Desired Outcomes of Part 1B.6.1 Tree Preservation of the HDCP.

Additionally, trees to be retained on the site will be subject to tree protection measures as outlined within the submitted arborist report and the recommended conditions set out in Schedule 1 of this report. In this regard, it is noted that the future development of proposed Lots 2 and 3 will require due consideration be given to the trees retained on the property and this will be reflected within the layout of any future buildings accordingly. The indicative building footprints provided as part of the subject application have sufficiently demonstrated that the new allotments can be developed in a manner that can suitably accommodate these trees and/ or are positioned in the proximity of trees that may be reasonably be removed in the future (such as Tree 37, identified to be a mature Pine Tree of a short Safe Useful Life Expectancy). The removal of such trees would be subject to a separate application process to the subject development application.

3.1.2 Stormwater Management

The proposal seeks to drain the stormwater run-off of the existing dwelling to be sited on proposed Lot 1 by gravity to Council’s system within Balaclava Road. This is acceptable and consistent with the Desired Outcomes of Part 1C.1.12 Stormwater Management of the HDCP.

The formal stormwater management provisions of proposed Lots 2 and 3 will be a matter for the future development of the subject allotments. However, both sites may be drained by gravity to Council’s system located within Hillcrest Road and/ or Balaclava Road. The applicant has also demonstrated that the necessary stormwater pits can be installed on the site without unduly compromising any trees deemed to be of key significance to the area. These measures are also satisfactory with regard to the stormwater management requirements of the HDCP.

3.2 Built Environment

3.2.1 Built Form

The new built form elements of the proposal are negligible in terms of their likely impact upon the character of the surrounding area. The visible elements will be essentially limited to a new driveway access and parking area within the front setback of Proposed Lot 1. The driveway and parking area will not significantly alter the visual presentation of the site as it would be viewed from the public realm and is therefore acceptable.

3.2.2 Traffic

The proposal will result in minimal additional vehicle movements within the surrounding road network. These additional movements would not notably alter the existing operation of the road network and is assessed as acceptable having regard to the Desired Outcomes of Part 1C.2.1 Transport and Parking of the HDCP.

3.3 Social Impacts

The proposed subdivision of the site to provide an additional two new allotments would positively contribute to the availability of future housing options in the locality. This is consistent with Council’s Housing Strategy which identifies the need to provide a mix of housing options to meet future demographic needs in the Hornsby Shire.

As discussed in this report, the subject site is not considered to retain any key heritage significance and the subdivision of the property will not unduly impact opportunities for cultural understanding of the locality within the community.

3.4 Economic Impacts

There would be no adverse economic impacts arising from the proposed subdivision.

The proposal would have a minor positive impact on the local economy by introducing future residential development to the locality and 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. While the site is a statutory listed Heritage Item, as established in Section 2.1.4 of this report, this listing is not restrictive to the subdivision of the site.

The scale of the works proposed as part of this application are negligible and are therefore 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 17 February 2023 and 2 March 2023 in accordance with the Hornsby Community Engagement Plan. During this period, Council received two 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

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

· Detrimental impacts upon the heritage significance of the site

· Insufficient detail in relation to the indicative building footprints of the proposed new allotments (such as indicative parking locations and private open space dimensions)

· Likely undue impacts on Tree 37 resulting from the future development of proposed Lots 2 and 3

· Insufficient separation between buildings

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

5.1.1 Indicative building footprint detail

The applicant has submitted additional plans that provide additional details in relation to the indicative building footprints on proposed Lots 2 and 3. These include clarification of the possible parking locations behind the existing building line and the location of private open space, adequately addressing the issue raised within the submissions received.

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”.

CONCLUSION

The application proposes Torrens title subdivision of one lot into three lots and construction of an access driveway.

Council received two submissions during the public notification period. The matters raised have been addressed in the body of the report.

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

The reasons for this decision are:

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

· The proposed development does not create unreasonable environmental impacts to adjoining development.

Cassandra Williams

Major Development Manager - Development Assessments

Planning and Compliance Division

Rod Pickles

Manager - Development Assessments

Planning and Compliance Division

Attachments:

1.⇩	Locality Plan
2.⇩	Subdivision Plan
3.⇩	Building Envelope Plan
4.⇩	Heritage Impact Statement

File Reference: DA/39/2023

Document Number: D08616200

SCHEDULE 1

GENERAL CONDITIONS

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

Note: For the purpose of this consent, 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*
Sheet 1 of 1	Plan of subdivision Lot B DP373120	Geoffery Allan Golledge	11/11/2021
Sheet 1 of 1	Contour and Detail Plan	Rennie Golledge Pty Ltd	15/10/2021

Supporting Documentation

*Document Title*	*Prepared by*	*Dated*	*Council Reference*
Arboricultural Impact Report: 2-4 Hillcrest Road, Berowra	Bolan’s Tree Service	Undated	D08568269

Reason: To ensure all parties are aware of the approved plans and supporting documentation that apply to the development.

2. Construction and Subdivision Certificates

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

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

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

Reason: To ensure that detailed construction certificate plans are consistent with the approved plans and supporting documentation.

3. Section 7.11 Development Contributions

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

Description	Contribution (4)
Roads	$3,358.82
Open Space and Recreation	$22,552.10
Community Facilities	$13,890.05
Plan Preparation and Administration	$199.00
TOTAL	$40,000.00

being for the creation of two new residential allotments.

b)The value of this contribution is current as at 30 March 2023. If the contribution is not paid within the financial quarter that this condition was generated, the contribution payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 7.11 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$C_{PY =}$C_DC x CPI_PY

CPI_DC

Where:

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

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

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

CPI_DC is the Consumer Price Index (Sydney - All Groups) for the financial quarter at the date applicable in this Development Consent Condition.

c) The monetary contribution must be paid to Council:

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

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

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

iv) Prior to the works commencing where the development does not require a Construction Certificate or Subdivision Certificate.

Note: It is the professional responsibility of the Principal Certifying Authority to ensure that the monetary contributions have been paid to Council in accordance with the above timeframes.

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

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

Reason: To ensure development contributions are paid to address the increased demand for community infrastructure resulting from the approved development.

4. Removal of Trees

a) This development consent permits the removal of trees numbered T5, T8, T9, T24, T26, T35 and T36 as identified in the Arboricultural Impact Assessment prepared by Bolans Tree Service, undated.

b) No consent is granted for the removal of trees numbered T1, T2, T3, T4, T6, T7, T10, T11, T12, T13, T14, T15, T16, T17, T18, T19, T20, T21, T22, T23, T25, T27, T28, T29, T30, T31, T32, T33, T34, T37, T38, T39, T40 and T41 as these trees contribute to the established landscape amenity of the area/streetscape.

Reason: To identify only those trees permitted to be removed.

5. Retaining Walls

To ensure the stability of the site, structural details of all required retaining walls must be submitted with the application of the Construction Certificate.

Reason: To ensure the stability of the site and adjoining properties.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION/ SUBDIVISION WORKS CERTIFICATE

6. Appointment of a Project Arborist

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

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

Reason: To ensure appropriate monitoring of tree(s) to be retained.

7. Contract of Insurance (Residential Building Work)

Reason: Prescribed condition EP&A Regulation section 69(2).

8. Notification of Home Building Act 1989 Requirements

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

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

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

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

i) The name of the owner-builder.

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

Reason: Prescribed condition EP&A Regulation section 71(2) and (3)

9. Utility Services

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

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

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

Reason: To ensure the development is provided with the relevant utility services.

10. Sydney Water - Approval

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

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

Reason: To ensure the development is provided with the relevant utility services.

11. Identification of Survey Marks

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

Reason: To identify and protect the State’s survey infrastructure.

12. Stormwater Drainage - Dwelling

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

a) Roof water from the existing dwelling must be connected directly to Council’s Street drainage system at Balaclava Road.

Reason: To ensure appropriate provision for management and disposal of stormwater.

13. Internal Driveway/Vehicular Areas for the existing dwelling

The driveway and parking areas on site must be designed and a Construction Certificate issued in accordance with Australian Standards AS2890.1, AS3727 and the following requirements:

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

b) The driveway be a rigid pavement.

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

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

Reason: To provide safe vehicle and pedestrian access.

14. 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) The footway area must be restored by turfing.

c) The existing road pavement to be saw cut a minimum of 600 mm from the existing edge of the bitumen and reconstructed.

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

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.

Reason: To provide safe vehicle and pedestrian access.

15. Road Works

All road works approved under this consent must be designed in accordance with AUS-SPEC Specifications (www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-conditions) and

16. Photographic Archival Recording

a) A Photographic Archival Record (PAR) of the rotary hoist clothesline identified to have research value should be taken within its existing residential context at Lot B DP 373120, No. 2-4 Hillcrest Road, Berowra is to be undertaken by a suitably qualified heritage professional.

b) The photographic record is to be undertaken in accordance with the NSW Heritage Office Guidelines for Photographic Recording of Heritage Items using Film or Digital Capture and 1 complete ‘hard’ paper and an electronic copy submitted to Hornsby Council for written endorsement.

c) Satisfaction of this condition must be confirmed in writing by Council to the certifier prior to issue of the Construction Certificate or Subdivision Works Certificate, whichever occurs first.

Note: The electronic copy of the PAR must be sent to devmail@hornsby.nsw.gov.au and marked to the attention of Council’s Strategic Land Use Planning Team and reference the DA number.

Reason: To provide a record of the historical significance of the site and contribute to the cultural understanding of the Hornsby Local Government Area.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

17. Removal or relocation of clothesline

Prior to the future relocation or removal of the clothesline, the property owner is to contact local community groups and museums for potential relocation into a more community orientated location within the Hornsby Local Government Area. A record of attempts made in this regard and any associated interest must be sent to devmail@hornsby.nsw.gov.au and marked to the attention of Council’s Strategic Land Use Planning Team and reference the DA number prior to works commencing.

Reason: To contribute to the cultural understanding of the Hornsby Local Government Area.

18. Installation of Tree Protection Measures

a) Trees to be retained and numbered as identified on the Tree Location Plan contained within the Arboricultural Impact Report prepared by Bolan’s Tree Service, undated 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 Location Plan contained within the Arboricultural Impact Report prepared by Bolan’s Tree Service, undated (as listed in Condition 1 of this Schedule).

ii) For the duration of construction works, in accordance with Tree Location Plan contained within the Arboricultural Impact Report prepared by Bolan’s Tree Service, undated (as listed in Condition 1 of this Schedule).

b) Tree protection fencing for the trees to be retained 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) All tree protection zones must have a layer of wood-chip mulch at a depth of between 150mm and 300mm.

e) 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.

Reason: To minimise impacts on the water quality of the downstream environment.

19. 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.

Reason: Prescribed condition EP&A Regulation, section 70(2) and (3).

20. 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; and/or.

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

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.

Reason: To ensure public safety and protection of adjoining land.

21. Toilet Facilities

b) Each toilet must:

i) Be a standard flushing toilet connected to a public sewer; or

ii) Be a temporary chemical closet approved under the Local Government Act 1993; or

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

Reason: To ensure adequate toilet facilities are provided.

22. 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 ‘Urban Stormwater: Soils and Construction “The Blue Book” 2004 (4^th edition)’, 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.

Reason: To minimise impacts on the water quality of the downstream environment.

23. Garbage receptacle

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

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

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

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

Reason: To maintain the site in a clean condition and protect local amenity.

REQUIREMENTS DURING CONSTRUCTION

24. 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

Reason: To protect trees during construction.

25. Maintaining the Health of Trees Approved for Retention

The appointed project arborist must monitor and record any and all necessary actions required to maintain tree health and condition for trees numbered <insert number(s)> on the approved plans.

Reason: To ensure appropriate monitoring of tree(s) to be retained.

26. Maintaining Tree Protection Measures

Tree Protection Measures must be maintained by the project arborist in accordance with Condition Nos. 15, 21 and 24 of this consent for the duration of works.

Reason: To protect trees during construction.

27. 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) Where the building footprint enters or transects the Tree Protection Zones of trees to be retained, sensitive construction techniques in the form of screw pilings or piers, cantilevered or suspended slab design must be employed to create a 100mm clearance above existing soil grade.

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

i) Excavations for the construction and/or installation of the house/deck/driveway/piers in the Tree Protection Zone of trees to be retained on the approved plans must be supervised by the project arborist for the first 1.000 meter undertaken manually to locate roots and allow for pruning in accordance with condition 8a.

d) No changes of grade within the Tree Protection Zone of trees to be retained on the approved plans, are permitted.

e) To minimise impacts within the Tree Protection Zone (TPZ) of trees retained 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 utilise directional drilling only

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

iv) 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.

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

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

ii) Installation of geotextile fabric ground covering.

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

Reason: To protect trees during construction.

28. Construction Work Hours

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

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

Reason: To protect the amenity of neighbouring properties.

29. Street Sweeping

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

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

Reason: To minimise impacts to the natural environment.

30. Council Property

Reason: To protect public land.

31. Landfill not Permitted

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

Reason: To minimise environmental impacts from landform modification.

32. 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.

Reason: To ensure the appropriate disposal of excavated material.

33. 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.

Reason: To maintain safe pedestrian movement.

34. Building Materials and Site Waste

Reason: To protect trees during construction.

35. Unexpected Finds

Reason: To ensure the appropriate removal and disposal of contaminated materials.

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE

36. 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.

Reason: To ensure compliance with the requirements of Sydney Water.

37. 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 Subdivision Certificate.

Reason: To ensure engineering works are completed.

38. Damage to Council Assets

Reason: To ensure public infrastructure and property is maintained.

39. Replacement Tree Requirements

a) The trees approved for removal under this consent, being trees numbered T5, T8, T9, T24, T26, T35 and T36 must be offset through replacement planting of a minimum of 8 trees.

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

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

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

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

Reason: To ensure replacement planting to maintain tree canopy.

40. Final 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.

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

Reason: To ensure compliance with tree protection commitments.

41. Creation of Easements

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

a) A sewer easement over each of the burdened lots.

b) The creation of a “Positive Covenant” over the proposed Lot 2 and Lot 3 requiring that any future development is to provide an on-site detention system on each lot. The on-site detention system is to have a storage capacity of 5 cubic metres and a maximum discharge of 8 litres per second into Council’s drainage system in accordance with Council’s prescribed wording.

c) The creation of a “Positive Covenant” over the proposed Lot 2 and Lot 3 requiring that any future development is to provide a turning area within the site in accordance with the B85 vehicle turning template outlined in Australian Standards AS 2890.1 to ensure all vehicles can enter and leave the site in a forward direction, for the safety of school children.

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

Reason: To create legal entitlements to facilitate the proper use and management of land.

- END OF CONDITIONS -

ADVISORY NOTES

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.

Dial Before You Dig

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.

Tree and Vegetation Preservation

Hornsby Development Control Plan Tree Preservation provisions have been developed under Council’s authorities contained in State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 under the Environmental Planning and Assessment Act 1979.

Fines may be imposed for non-compliance with the HDCP.

Note: A tree is defined as a long lived, woody perennial plant with one or relatively few main stems with the potential to grow to a height greater than three metres (3m). (HDCP 1B.6.1.c).

Subdivision Certificate Requirements

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

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

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

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

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

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

Note: At the present time Hornsby Shire Council is the only authority that can be appointed as a PCA for subdivision works within the Shire.

Fees and Charges - Subdivision

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

House Numbering

The house numbering for this subdivision shall be:

Lot	Street Number	Street Name	Street Type	Locality
1	2	Balaclava	Road	Berowra
2	2	Hillcrest	Road	Berowra
3	4	Hillcrest	Road	Berowra