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TABLE OF CONTENTS

 

GENERAL BUSINESS

Local Planning Panel

Item 1     LPP21/23 DA/188/2023 - Construction of a Secondary Dwelling - 3 The Boulevard, Cheltenham...................... 1

LPP Report No. LPP21/23

Local Planning Panel

Date of Meeting: 28/06/2023

 

 

DA No:	DA/188/2023 (Lodged on 4 March 2023)
Description:	Construction of a secondary dwelling
Property:	Lot 2 DP 576233, No. 3 The Boulevard, Cheltenham
Applicant:	in-house.com Pty Ltd
Owner:	Pengfei Han & Mrs Zhen Li
Estimated Value:	$146,800.00
Ward:	C Ward
Clause 4.6 Request:	N/A
Submissions:	11 unique submissions
LPP Criteria:	10 or more unique submissions were received by way of objection
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 Development Application No. DA/188/2023 for construction of a secondary dwelling at Lot 2 DP 576233, No. 3 The Boulevard, Cheltenham be approved subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP 21/23.

 

 

 

executive summary

·            The application involves construction of a secondary dwelling.

·            The proposal generally complies with the provisions of State Environmental Planning Policy (Housing) 2021.

·            A total of 11 submissions have been received in respect of the application.

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

·            It is recommended that the application be approved.

BACKGROUND

On 17 April 2023, Council requested additional information regarding tree preservation and view impact.

On 22 May 2023, Council received the amended plans and supporting documents.

SITE

The 1300.5m² site is located on the western side of The Boulevard and contains a dwelling house and shed. The site slopes gently with a fall of 3m to the front of the site.

The site is not bushfire prone land nor flood prone.

The site is not burdened by any easements or restrictions.

The site does not contain a heritage listed item; however, the property is located within the Beecroft-Cheltenham Plateau Precinct of the Beecroft-Cheltenham Heritage Conservation Area (HCA) under Schedule 5 of the Hornsby Local Environmental Plan 2013 (HLEP). The property is located in the vicinity of locally listed heritage items.

PROPOSAL

The application proposes demolition of the existing shed and awning and construction of a secondary dwelling.

The secondary dwelling would comprise a living room, a kitchen, a bathroom with laundry, two bedrooms, and a porch. 

Three trees would be removed by the development.

ASSESSMENT

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

1.         STRATEGIC CONTEXT

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

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

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

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

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

2.         STATUTORY CONTROLS

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

2.1       Hornsby Local Environmental Plan 2013

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

2.1.1    Zoning of Land and Permissibility

The subject land is zoned R2 Low Density Residential under the Hornsby Local Environmental Plan 2013 (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 a ‘secondary dwelling’ and is not permissible under the HLEP. Notwithstanding, a secondary dwelling is permissible in the zone under State Environmental Planning Policy (Housing) 2021 which overrides the requirements of the HLEP. The application has been lodged under the provisions of the State Policy.

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 4.28m and complies with this provision.

2.1.3    Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire.  The site does not include a heritage item; however, the site is located within the Beecroft-Cheltenham Plateau Precinct of the Beecroft-Cheltenham Heritage Conservation Area (HCA).  The property is also in the immediate vicinity of the following heritage items:

·            Heritage Item No. 280 (Trees) - No.1 The Boulevard, Cheltenham.

·            Heritage Item No. 281 (Garden) - No.5 The Boulevard, Cheltenham.

·            Heritage Item No. 282 (Garden) - No.10-12 The Boulevard, Cheltenham.

·            Heritage Item No. 284 (House & Garden) - No.14 The Boulevard, Cheltenham.

·            Heritage Item No. 286 (Garden) - No.18 The Boulevard, Cheltenham.

·            Heritage Item No. 296 (Garden) - No. 60-74 The Crescent, Cheltenham.

The proposal has been considered regarding the heritage requirements of the HLEP, the Hornsby Development Control Plan 2013 (HDCP), and the documentation submitted with the application.

Part 9.3.1 of the HDCP includes measures to maintain and reinforce characteristic details significant to the character of the conservation area.

The two-storey dwelling on the site is a contributory dwelling in the streetscape and HCA. The proposed single storey secondary dwelling would be located at the rear of the existing dwelling and would not be highly visible in the streetscape. The proposal would have no adverse impacts on the significant characteristics of the streetscape or the HCA due to the secondary dwelling’s rear location, single storey scale, and complementary materials.

Part 9.3.1 of the HDCP includes measures for materials and finishes to complement the period and style of buildings and the conservation area.

The submitted Schedule of Colours and Finishes propose unpainted brick veneer walls, tiled roof, and colour scheme to match the existing dwelling on site. These materials and finishes are compatible with the period and style of the existing dwelling and those found in the conservation area.

Part 9.3.3 of the HDCP includes measures to retain the garden and landscape character of the conservation area.

Three trees are proposed to be removed at the rear of the site as they would be subject to unsustainable encroachments into the tree protection zone (TPZ).

The removal of the trees at the rear of the site would have a small impact on the conservation area, however, the overall landscaped character would not be adversely affected. In particular, the trees and vegetation at the front of the site, contribute to the primary characteristics of the streetscape and retention of these is supported.

Tree replacement planting in accordance with Part 9.3.3(e) of the HDCP would compensate for tree removal. In addition, evergreen screen tree planting on the eastern boundary would reduce impact on the heritage item to the east and the HCA, which is recommended. An amended landscape plan has been submitted with five replacement tree plantings along the eastern boundary which shall achieve a maximum height of 7m at maturity.

Part 9.4.1 of the HDCP includes measures to maintain the significance and setting of nearby heritage items.

The proposal includes retention and protection measures for the Cook Pine (T1) on the heritage listed property to the north (No.1 The Boulevard, Cheltenham). Replacement tree/ screen planting is recommended on the eastern boundary to soften the visual impact of the new dwelling on the landscaped setting of the listed recreation club to the east.

The proposal would have no adverse impacts on the other heritage items in the vicinity due to separation and distance from the site.

The proposed single storey secondary dwelling located at the rear of the existing part two storey dwelling would have minimal impact on the significance of the HCA. Subject to tree protection and replacement measures no heritage concerns to the proposal are raised.

Overall, the proposal is considered to achieve the desired outcomes, prescriptive measures, and objectives of the HLEP and HDCP.

2.1.4    Earthworks

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

The proposed development would require minor cut/ fill earthworks (max 600mm) to for the proposed secondary dwelling. The cut and fill will be generally within the building footprint.

A condition is recommended in Schedule 1 of this report ensuring that any fill material being brought onto the site be classified as Virgin Excavated Natural Material (VENM). A similar condition is recommended for any excavated material that may be removed from the site.

2.2       State Environmental Planning Policy (Housing) (2021)

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

2.2.1    Part 1 Secondary dwellings

Chapter 3 provides State-wide planning controls for the provision of diverse housing types.  Division 2 of chapter 3 outlines the standards for Secondary Dwellings. The standard instrument defines a ‘secondary dwelling’ to be a self-contained dwelling that:

a)         is established in conjunction with another dwelling (the principal dwelling), and

b)         is on the same lot of land (not being an individual lot in a strata plan or community title scheme) as the principal dwelling, and

c)         is located within, or is attached to, or is separate from, the principal dwelling.

The proposed secondary dwelling would be established in conjunction with a principal dwelling on the site and satisfies the above definition.

Section 49 of the Policy outlines the zones in which secondary dwellings are permissible. The site is located within the R2 Low density residential zone, which is listed in the policy as a zone where secondary dwellings are permissible.

Section 52 and 53 outline the development standards for secondary dwellings. The following table sets out the proposal’s compliance with these standards.

As detailed in the above table, the proposed development complies with the relevant development standards for secondary dwellings within the Housing SEPP.

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

The application has been assessed against the requirements of State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004. The proposal includes a copy of the BASIX Certificate for the dwelling house which meets the requirements of the SEPP. A condition is recommended in Schedule 1 of this report requiring the recommendations of the BASIX certificate be complied with.

2.4       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.

2.4.1    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.

2.5       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.

2.5.1    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.

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

2.5.2    Chapter 6 Water Catchments

The site is located with the catchment of the Sydney Harbour Catchment.  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. 

2.6       Hornsby Development Control Plan 2013

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

HDCP - Part 3.1 Dwelling Houses
Control	Proposal	Requirement	Complies
Site Area	1300.5m2	N/A	N/A
Building Height - secondary dwelling	4.28m	8.5m	Yes
No. storeys - secondary dwelling	1	max. 2 + attic	Yes
Site Coverage	22.52%	max. 40%	Yes
Floor Area - secondary dwelling	59.85m2	60m2	Yes
Setbacks - secondary dwelling
-      Front	unchanged	Maintain street character	Yes
-      Northern Side	3m	900mm	Yes
-      Southern Side	9.845m	900mm	Yes
-      Rear	3.05m	3m	Yes
Landscaped Area (40% of lot size)	543.7m2	520.2m2	Yes
Private Open Space
-      minimum area	24m2	24m2	Yes
-      minimum dimension	3m	3m	Yes
Car Parking
-      Principal Dwelling	2 spaces	2 spaces	Yes
-      Secondary Dwelling	0 spaces	Not required	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.

2.6.1    Scale

Submissions were received raising concerns regarding the size of the proposed secondary dwelling. To address this concern, it is noted that the original design proposed a 59.85m² secondary dwelling with a 17.8m² alfresco, amended plans has been submitted to remove the alfresco. The proposed 59.85m² secondary dwelling complies with the maximum permitted floor area under the Housing SEPP.

2.6.2    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 a site analysis drawing from which it can be ascertained that the private open space to the northern side of the existing and secondary dwelling, will maintain a minimum of 50% sunlight access between 9am and 3pm. Further, the proposed dwelling is single storey in height with sufficient setbacks and will not adversely impact upon solar access to neighbouring properties.

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

2.6.3    Privacy

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

This is supported by the prescriptive measures which state that:

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

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

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

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

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

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

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

It is noted that the proposed secondary dwelling is setback 3m from the side and rear boundaries, and the proposed floor level is less than 1m above existing ground level. In this regard, the proposal is unlikely to result in any significant adverse visual or acoustic privacy impacts to neighbouring properties.

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

2.7       Contributions Plans

Hornsby Shire Council Section 7.11 Contributions Plan 2020-2030 applies to the development as it would result in a secondary dwelling on the site.  Accordingly, the requirement for a monetary Section 7.11 contribution is recommended as a condition of consent.

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

An Arboricultural Impact Assessment Report prepared by Canopy Consulting, dated 6 February 2023 has been provided with the proposal.

The AIA identifies four trees numbered 2, 3, 7 and 8 that are nominated for removal as they would be subject to unsustainable encroachments into their tree protection zones (TPZ). Tree numbered 1 (T1), located on the adjoining property, is also impacted by the building envelope. The AIA recommends relocation of the building footprint 1m to the south.

Submissions have also been received raising concerns regarding the impact to T1. To minimise the impact to T1, an amended architectural plan has been submitted to relocate the secondary dwelling a further 1 metre away from T1 and the northern setback has increased to 3m. Furthermore, tree protection conditions have been recommended in Schedule 1 of this report to ensure excavation must be done by hand in the tree protection zone of T1, fill must be used in conjunction with piers and the fill material used is gap graded soil or similar material that can be compacted yet provide suitable conditions that will facilitate root growth and allow the tree roots to take advantage of this additional material to colonise and increase water and nutrient absorption.

The amended plan indicates that the original proposed alfresco has been removed, therefore, tree numbered 7 would be retained. Council’s tree assessment raises no objections to the removal of trees numbered 2, 3 and 8 subject to compensatory planting of three replacement trees to offset the loss. The amended landscape plan indicates that five replacement trees are proposed along the eastern boundary which shall achieve a maximum height of 7m at maturity.

All other trees are marked for retention and recommendations have been made for the implementation of appropriate tree protection measures during the demolition and construction phases of the development.

Council’s tree assessment raises no objections to the anticipated impacts to trees subject to arboricultural conditions as recommended in Schedule 1 of this report.

The proposal meets the requirements of Part 1B.6.1 Tree Preservation under the HDCP and is considered acceptable.

3.1.2    Stormwater Management

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

A 2,000-litre stormwater tank is proposed for water detention and use. Excess stormwater will be drained to the existing street drainage system.

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

3.2       Built Environment

3.2.1    Built Form

The proposed built form is consistent with low density residential area in terms of height, design and materials and is considered compatible with the area and surrounding uses.

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.

The location of the development is in close proximity to Cheltenham Railway Station, Beecroft Shopping Village and a number of recreational, health and education facilities for future residents.

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 7 March 2023 and 28 March 2023 in accordance with the Hornsby Community Engagement Plan.  During this period, Council received 11 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 OUT OF MAP RANGE

 

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

·            Construction of the secondary dwelling will impact many significant well established trees including a rare Cook Island Pine on the adjoining property due to its proximity to this tree and adverse impact on its TPZ and SRZ.

·            Concerns regarding the size of the proposed secondary dwelling.

·            The removal of trees and the new building would be visible from the street and detract from the heritage value of the main house.

·            Privacy concerns regarding the view from the second storey of 3 The Boulevarde once the trees are removed would look into our daughters bedrooms on our second storey at 201B Beecroft Road, Cheltenham.

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    Tree preservation

Submissions have been received raising concerns regarding the impact to the trees.

In response to these concerns, it is noted that this is addressed in Section 3.1.1 Tree and Vegetation Preservation of this report.

5.1.2    Scale

Submissions have been received raising concerns regarding the size of the proposed secondary dwelling.

In response to these concerns, it is noted that this is addressed in Section 2.6.1 Scale of this report.

5.1.3    Heritage Conservation

Submissions have been received raising concerns regarding heritage conservation.

In response to these concerns, it is noted that this is addressed in Section 2.1.3 Heritage Conservation of this report.

5.1.4    Privacy

A submission has been received raising privacy concerns as the view from the second storey of the main dwelling at No. 3 The Boulevarde would look into the bedrooms on second storey at 201B Beecroft Road, Cheltenham once the trees are removed. To address this concern, it is noted that the first floor windows on the rear elevation of the main dwelling are bedroom windows which are considered as ‘non-active’ use rooms (bathroom and bedroom). The windows are located over 25m from the windows at No. 201B Beecroft Road, Cheltenham and is unlikely to create any privacy issues. Nine trees would be retained at the southern corner of the site which would also minimise the privacy concerns raised from the existing window in the main dwelling.

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 construction of a secondary dwelling.

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

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

The reasons for this decision are:

·            The proposed development complies with the requirements of State Environmental Planning Policy (Housing) 2021 and the relevant environmental planning instruments.

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

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 Plan
2.	Architectural Plans
3.	Landscape Plan
4.	Arborist Report
5.	Heritage Impact Statement

 

 

File Reference:          DA/188/2023

Document Number:    D08659441

 

SCHEDULE 1

1.         Approved Plans and Supporting Documentation

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

Approved Plans

Plan No.	Plan Title	Drawn by	Dated	Council Reference
01	Site & Site Analysis Plan	RKN Designs	03.05.2023
02	Secondary Dwelling Ground Floor	RKN Designs	03.05.2023
03	Secondary Dwelling Elevations	RKN Designs	03.05.2023
04	Secondary Dwelling Elevations	RKN Designs	03.05.2023
05	Secondary Dwelling Section & BASIX	RKN Designs	03.05.2023
L/01	Landscape Plan	Discount Landscape Plans	16.05.2023
L/02	Landscape Specification	Discount Landscape Plans	16.05.2023
L/03	Landscape Details	Discount Landscape Plans	16.05.2023

Supporting Documentation

Document Title	Prepared by	Dated	Council Reference
Detailed Survey Plan Ref 23567-22 DET V1	C&A Surveyors	21.11.2022	D08603052
BASIX Certificate No.1375427S_02	RKN Designs	07.05.2023	D08655505
Stormwater Plan SW01 & SW02 Rev B	GEBA Consulting	11.05.2023	D08655502
Arborist Report Ref: E-001694-23 V1	Canopy Consulting	16.01.2023	D08603054
Sediment Control Plan Sheet 06, issue 5	RKN Designs	03.05.2023	D08655504
Heritage Impact Statement Ref: Docs/3 The BoulevardeHISV1	Plansight Pty Ltd	02.2023	D08603027
Waste Management Plan	-	16.02.2023	D08602998
Schedule of Colours & Finishes	In House Granny Flats	21.01.2023	D08603024

 

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

2.         Removal of Trees

a)         This development consent permits the removal of trees numbered 2, 3, and 8 as identified on the Tree Protection Management Plan in the Arboricultural Impact Assessment (AIA) prepared by Canopy Consulting dated 6 February 2023.

b)         No consent is granted for the removal of trees numbered 1, 4, 5, 6 and 7 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.

3.         Construction Certificate

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

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

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

4.         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	$1,057.45
Open Space and Recreation	$8,774.60
Community Facilities	$5,404.35
Plan Preparation and Administration	$76.20
TOTAL	$15,312.60

 

Being for a secondary dwelling.

b)         The value of this contribution is current as at 31 May 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.

5.         Tree Pruning

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

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

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

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.         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)

8.         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)

9.         Sydney Water - Approval

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

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

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

10.       Stormwater Drainage

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 Plan No. SW01 & SW02 Rev B Stormwater Plan prepared by GEBA Consulting dated 11.05.2023 and the following requirements:

a)         Connected to the existing internal drainage system.

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

11.       Appointment of a Project Arborist

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

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

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

12.       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).

13.       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.

14.       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.

15.       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.

16.       Installation of Tree Protection Measures

a)         Trees to be retained and numbered 1, 4, 5, 6 and 7 as identified on the Tree Protection Management Plan contained in the Arborist Report Ref: E-001694-23 V1 prepared by Canopy Consulting dated 6 February 2023 must have tree protection measures for the ground, trunk and canopy installed by the project arborist as follows:

i)          For the duration of demolition works, in accordance with the Tree Protection Management Plan contained in the Arborist Report Ref: E-001694-23 V1 prepared by Canopy Consulting dated 6 February 2023.

ii)         For the duration of construction works, in accordance with Tree Protection Management Plan contained in the Arborist Report Ref: E-001694-23 V1 prepared by Canopy Consulting dated 6 February 2023.

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

e)         The circumference of the trunk(s) of trees numbered 4, 5, 6 and 7 located on the site must be wrapped in hessian material to provide cushioning for the installation of timber planks.

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

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

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

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

17.       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.

18.       Demolition

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

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

b)         Demolition works, where asbestos material is being removed, must be undertaken by a contractor that holds an appropriate licence issued by SafeWork NSW in accordance with the Work Health and Safety Regulation 2017 and be appropriately transported and disposed of in accordance with the Protection of the Environment Operations (Waste) Regulation 2014; and

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

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

19.       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.

20.       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. 

Reason: To protect public land.

21.       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.

22.       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.

23.       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.

24.       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; and

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.

25.       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.

26.       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.

27.       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 of retained trees.

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

28.       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)         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 tree numbered 1 to be retained not associated with installation of services must be undertaken as follows:

i)          Excavations associated with the basement and building footprint and within the Tree Protection Zone of tree numbered 1 must be overseen by the AQF 5 project arborist for the first 1m undertaken manually to a depth of 500mm to locate roots and allow for pruning in accordance with condition No. 16.

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

e)         To minimise impacts within the Tree Protection Zone (TPZ) of trees numbered 1, 4, 5, 6 and 7 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.

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.

29.       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.

30.       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.

31.       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)

32.       Final Certification

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

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

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

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

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

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

Note: Copies of monitoring documentation may be requested throughout the development works.

Reason: To ensure compliance with tree protection commitments.

33.       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.

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

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

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

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

·            Mandatory inspections of nominated stages of the construction inspected.

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

Long Service Levy 

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

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

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

Tree and Vegetation Preservation

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

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

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

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

Covenants

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

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.

Asbestos Warning

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

www.environment.nsw.gov.au

www.adfa.org.au

Alternatively, telephone SafeWork NSW on 13 10 50.

Rain Water Tank

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