SUPPLEMENTARY
BUSINESS PAPER
Local Planning Panel meeting
Wednesday 2 October 2024
at 4:00pm
Hornsby Shire Council Table of Contents
Page 0
TABLE OF CONTENTS
SUPPLEMENTARY ITEMS
Item 3 LPP24/24 DA/478/2024 - Alterations and additions to a dwelling house - 31 Boundary Road, North Epping. 1
LPP Report No. LPP23/24
Local Planning Panel
Date of Meeting: 2/10/2024
1 DA/478/2024 - ALTERATIONS AND ADDITIONS TO A DWELLING HOUSE - 31 BOUNDARY ROAD, NORTH EPPING
DA No: |
DA/478/2024 (Lodged on 16 May 2024) |
Description: |
Alterations and additions to a dwelling house |
Property: |
Lot 7 DP 30286, No. 31 Boundary Road, North Epping |
Applicant: |
Mr Graeme Robert Harding |
Owner: |
Ms Katrina Lorraine Barnett & Mr Graeme Robert Harding |
Estimated Value: |
$198,000 |
Ward: |
C Ward |
Clause 4.6 Request: |
Clause 4.3 Height of Buildings |
Submissions: |
Nil |
LPP Criteria: |
Proposal contravenes a development standard by more than 10% |
Author: |
Charley Wells, A/Senior Town Planner |
COI Declaration: |
No Council staff involved in the assessment of this application have declared a Conflict of Interest. |
A. THAT the Hornsby Local Planning Panel, exercising the functions of Council as the consent authority, vary Clause 4.3 Height of Buildings Development Standard pursuant to Clause 4.6 of the Hornsby Local Environmental Plan 2013 as the applicants written request has adequately addressed the merits required to be demonstrated by subclause (3) and the proposed development is consistent with the objectives of the standard and the objectives for development within the zone in which the development is proposed to be carried out.
B. THAT the Hornsby Local Planning Panel, exercising the functions of Council as the consent authority, approve Development Application No. DA/478/2024 for alterations and additions to a dwelling house at Lot 7, DP 30286, No. 31 Boundary Road, North Epping subject to the conditions of consent in Schedule 1 of LPP Report No. LPP23/24. |
executive summary
· The application involves alterations and additions to a dwelling house.
· The proposal does not comply with the Hornsby Local Environmental Plan 2013 (HLEP) 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 HLEP to contravene the maximum 8.5 metre building height development standard. The submission is considered well founded and is supported.
· Nil submissions have been received in respect of the application.
· The application is required to be determined by the Hornsby Local Planning Panel as the proposal would contravene the height of buildings development standard by more than 10 percent.
· It is recommended that the application be approved.
BACKGROUND
The site contains a single storey dwelling with lower ground garage and an inground swimming pool approved under CDP/913/2021 on 5 September 2021.
SITE
The 701.7m2 site is located on the south-western side of Boundary Road and contains a two-storey dwelling house and swimming pool.
The site experiences 2.9m of fall towards the rear boundary.
The site is bushfire prone, and an overland flow path runs through the rear south-western corner of the site.
The site does not contain any easements or restrictions.
The site does not contain a heritage item, is not within the vicinity of a heritage item and is not within a heritage conservation area.
PROPOSAL
The application proposes alterations and additions to a dwelling house comprising:
· Demolition of the existing walls, doors, windows, steps and roof.
· Reconfiguration of the ground floor to comprise an entry, living room, three bedrooms, a bathroom, family room, meals, kitchen, pantry and alfresco extension.
· The construction of a first-floor addition that would comprise a master bedroom with ensuite and walk in robe and a bedroom.
The basement floor plan would remain unchanged, and no trees would be removed or impacted 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.
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 subdivision and is permissible in the R2 zone with Council’s consent.
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 9.964m and does not comply with this provision.
A Clause 4.6 written request has been submitted with the proposal in support of the height contravention, which is discussed in Section 2.1.3 of the report below.
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 would exceed the 8.5m maximum building height development standard with a proposed height of 9.964m which exceeds the development standard by 1.464m or 17.2%.
The objective of Clause 4.3 Height of Buildings of the HLEP is “to permit a height of buildings that is appropriate for the site constraints, development potential and infrastructure capacity of the locality”.
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, and
(b) That there are sufficient environmental planning grounds to justify contravening the development standard.
In Initial Action Pty Ltd v Woollahra Municipal Council [2008] NSW LEC 118, Preston CJ clarified the correct approach to dealing with a written request under Clause 4.6 to justify the contravention of a development standard.
In relation to determining the matter under Clause 4.6(3)(a), the consent authority must be satisfied that the applicant’s written request adequately addresses the matter as opposed to the determining authority making its own judgement regarding whether compliance is unreasonable or unnecessary. Additionally, the clause does not require that a non-compliant development should have a neutral or beneficial effect relative to a compliant development.
In relation to determining the matter under Clause 4.6(3)(b), the environmental planning grounds clause, non-compliant development is not required to result in a ‘better environmental planning outcome for the site’ relative to a compliant development. Instead, the requirement is only that there are sufficient environmental planning grounds to justify the development standard contravention.
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:
1. The objectives of the development standard are achieved notwithstanding non-compliance with the standard.
2. The underlying objective or purpose is not relevant to the development.
3. That the objective would be defeated or thwarted if compliance was required.
4. That the development standard has been virtually abandoned or destroyed by the Council’s own actions in departing from the standard.
5. The zoning of the land is unreasonable or inappropriate.
It is not required to demonstrate that a development meets multiple methods as listed above, and the satisfaction of one can be adequate to demonstrate that the development standard is unreasonable or unnecessary.
The written request prepared by Russel Scott (Project Architect), dated 6 September 2024 provides a detailed assessment of the proposal with respect to the development standard sought to be contravened. The request outlines that the proposed contravention is consistent with the objectives of the height of building development standard and has relied on Test 1 identified by Commissioner Preston in Wehbe v Pittwater Council 2007 to demonstrate that compliance with the development standard is unreasonable or unnecessary. The justification is considered below:
· That proposed alterations and additions are reasonable and in keeping with the existing home character, the established form and density of the local vicinity, and in keeping with the low-density character of the zoning.
· The only area of non-compliant building height is a portion of the roof over the proposed first floor. Alterative low pitched roof form, or ‘cut-out’ portion of the roof, which could provide a compliant design solution have been considered and dismissed as the building form and appearance would be poor and detrimental to the location and streetscape.
· The proposed design and form fits comfortably into the streetscape and is not more bulky or large in scale. We have amended the proposed additions and alterations by reducing the proposed roof pitch, as well as reduce the floor to ceiling height of the proposed first floor in an effort to minimise the percentage of roof area that contravenes the building height standard.
· Assessment of the impact of the additional area of roof height indicates that it will not create any adverse environmental or amenity impacts. In particular:
o No views or view corridors impacted
o No impact on privacy - roof form only variation to height standard
o No additional adverse solar access impacts - overshadowing from the proposed dwelling is cast largely over the subject site, with only the 3pm shadow on the Winter Solstice cast over a small portion of the side/rear yard of neighbouring property 29 Boundary Road.
· The existing residence is primarily in a single storey form with undercroft garage and storage area which responds to the topography of the site. Due to the slope of the land (from street frontage down to the south-west rear corner), the existing garage and storage is constructed under the residence and extends back under the residence to a maximum depth of about 1.8m into the ground.
· Possible alternatives have been considered to meet the height standard, including a very low pitch roof, or a low pitch ‘cut-out’ section of roof following the position of basement garage below, but both would be out-of-character and create a poorly articulated residential addition. Due to the slope of site and existing placement of the home, it is also considered that an alternative larger ground floor addition would provide worse amenity and landscaping.
· Due to the slope of the site away from the street and the existing undercroft garage and garage door, the proposed new work is visible from the street and forms part of the streetscape but is well articulated and designed for match the existing character of the home, with the new upper floor addition provided with matching windows, articulated walls and pitched roof form.
Council considers the applicants request to contravene the height development standard is considered well founded for the following reasons:
· 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 the existing dwelling house with under-storey garage and storage rooms.
· The site is constrained by the existing floor to ceiling heights of the dwelling house and the proposed non-compliance would only be limited to a small portion of the roof form due to the existing subfloor area.
· Furthermore, the application generally complies with the requirements for setbacks, site coverage, landscaping, privacy and sunlight access. The application proposes a 2.4m 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 ground floor may result in a reduction and possible non-compliance with prescribed setbacks and landscaping measures. Further, internal accessibility would be diminished resulting in adverse impacts to residential amenity.
· The first-floor addition would complement the existing dwelling house and the streetscape character.
· 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 building standard adequately demonstrates that the objectives of the building height development standard contained within Clause 4.3 of the HLEP are achieved, notwithstanding non-compliance with the 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 non-compliance arises solely from the existing undercroft garage and storage spaces. Using floor levels in this vicinity to limit roof form immediately above, rather than the natural ground levels.
· Alternative fully compliant roof responses would provide for a poor design solution not in keeping with the existing character or contributing positively to streetscape.
· The request for a 17.2% variation to maximum height - which only affects a portion of the roof area - does not impact on full compliance with the other LEP controls and DCP guidelines. All other controls that limit bulk scale including FSR, area of landscaping and maximum site coverage are met - indicating that the proposed alterations maintain a reasonable low density form.
· The proposal is consistent with the objectives of the clause 4.3 height standard in the LEP.
· The requested variation to the maximum height standard will have no adverse impact on adjoining residents in relation to overshadowing, views or privacy.
· The variation results from particulars of the existing dwelling and site contours and would not establish a precedent for other unjustified non-compliances.
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.
Accordingly, it is considered that the written request satisfactorily responds to the relevant matters required to be addressed under Clause 4.6(3) and that the Panel, as the consent authority, may rely upon the written request and grant development consent to the development application.
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 Flooding
Clause 5.21 of the HLEP applies to the proposal as Council’s 2021 Overland Flow Study identified that an overland flow path runs through the south-western corner of the site. Clause 5.21(2) states:
(2) Development consent must not be granted to development on land the consent authority considers to be within the flood planning area unless the consent authority is satisfied the development—
(a) is compatible with the flood hazard of the land, and
(b) will not adversely affect flood behaviour in a way that results in detrimental increases in the potential flood affectation of other development or properties, and
(c) will not adversely affect the safe occupation and efficient evacuation of people or exceed the capacity of existing evacuation routes for the surrounding area in the event of a flood, and
(d) incorporates appropriate measures to manage risk to life from flood, and
(e) will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses.
Further, to Clause 5.21(2) of the HLEP, the prescriptive measure of Part 1.3.3.2-b of the Hornsby Development Control Plan 2024 (HDCP) states that “the overland flow path should not be built upon and should have minimal planting. Development is required to demonstrate that any overland flow is maintained for 1 in 100 year average recurrence interval (ARI) flood”.
The subject site is not identified as a flood control lot. However, Council’s records indicate that there is an overland flow path which drains through the south-western corner of the site. No development is proposed within this area. Accordingly, no further assessment regarding flooding is necessary and the Panel as the consent authority can be satisfied that Clause 5.21 of the HLEP has been addressed.
2.1.6 Earthworks
Clause 6.2 of the HLEP states that consent is required for proposed earthworks on site. Before granting consent for earthworks, Council is required to assess the impacts of the works on adjoining properties, drainage patterns and soil stability of the locality.
The proposed first floor addition does not require any earthworks and no further assessment under Clause 6.2 is necessary.
2.2 State Environmental Planning Policy (Biodiversity and Conservation) 2021
The application has been assessed against the requirements of chapter 6 of State Environmental Planning Policy (Biodiversity and Conservation) 2021.
2.2.1 Chapter 6 Waterways
The plan addresses matters related to biodiversity, ecology and environment protection; public access to, and use of, foreshores and waterways; maintenance of a working harbour; interrelationship of waterway and foreshore uses; foreshore and waterways scenic quality; maintenance, protection and enhancement of views and boat storage facilities.
Subject to the implementation of sediment and erosion control measures and stormwater management to protect water quality, the proposal would have minimal potential to impact on the Sydney Harbour Catchment and would comply with the requirements of chapter 6 of the Biodiversity and Conservation SEPP.
2.3 State Environmental Planning Policy (Sustainable Buildings) 2022
The application has been assessed against the requirements of chapter 2 of State Environmental Planning Policy (Sustainable Buildings) 2022 which seeks to encourage the design and delivery of more sustainable buildings.
Chapter 2 sets out the Standards for 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 energy and water use, and thermal performance.
The proposal is acceptable in this regard.
2.4 State Environmental Planning Policy (Resilience and Hazards) 2021
2.4.1 Chapter 4 Remediation of Land
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.
The development and the land are not otherwise mentioned in Section 4.6(4) and accordingly the provisions of Section 4.6(2) are not engaged by the proposal and consent may be granted. The proposal is considered consistent with the provisions of Chapter 4 of the Resilience and Hazards SEPP.
The Panel can be satisfied that the proposed development complies with the provisions of Chapter 4 Remediation of Land of the Resilience and Hazards SEPP.
2.5 Section 3.42 Environmental Planning and Assessment Act 1979 - Purpose and Status of Development Control Plans
Section 3.42 of the Environmental Planning and Assessment Act 1979 states that a DCP provision will have no effect if it prevents or unreasonably restricts development that is otherwise permitted and complies with the development standards in relevant Local Environmental Plans and State Environmental Planning Policies.
The principal purpose of a development control plan is to provide guidance on the aims of any environmental planning instrument that applies to the development; facilitate development that is permissible under any such instrument; and achieve the objectives of land zones. The provisions contained in a DCP are not statutory requirements and are for guidance purposes only. Consent authorities have flexibility to consider innovative solutions when assessing development proposals, to assist achieve good planning outcomes.
2.6 Hornsby Development Control Plan 2024
The proposed development has been assessed having regard to the relevant desired outcomes and prescriptive requirements within the Hornsby Development Control Plan 2024 (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 |
701.7m2 |
N/A |
N/A |
Building Height |
9.964m |
8.5m |
No |
No. storeys |
3 |
max. 2 + attic |
No |
Site Coverage |
34% |
max. 50% |
Yes |
Floor Area |
418m2 |
380m2 |
No |
Setbacks |
|
|
|
- Front |
7.6m |
6m |
Yes |
- Side |
|
|
|
Ground floor |
2.4m |
900mm |
Yes |
First floor |
3.1m |
1.5m |
Yes |
- Side |
|
|
|
Ground floor |
1.5m |
900mm |
Yes |
First floor |
3.4m |
1.5m |
Yes |
- Rear |
|
|
|
Ground floor |
13.6m |
3m |
Yes |
First floor |
24m |
8m |
Yes |
Landscaped Area (% of lot size) |
33% |
30% |
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 has a number of non-compliances with the prescriptive measures within the HDCP which is addressed below. A brief discussion on compliance with relevant performance requirements and Part 1.3 General Controls is also provided below.
2.6.1 Scale
With regards to the height non-compliance, the application is supported by a submission pursuant to Clause 4.6 of the HLEP to contravene the maximum height of buildings development standard, which is discussed in detail under Section 2.1.2 of this report. The submission is considered well founded and is supported.
With regards to the floor area non-compliance, it is noted as follows:
· The 418m2 calculation of floor area includes a basement area which comprises 185m2. The basement is not highly visible from the public domain.
· There is no outbuilding proposed (100m2) as part of the application as permitted by the DCP.
· The proposed additions have sufficient setbacks to all boundaries.
· The non-compliance to floor area does not result in unreasonable shadow impacts to adjoining properties which will receive a minimum of 3 hours of unobstructed sunlight to their respective private open space areas.
· The additions do not create unreasonable environmental impacts to adjoining development with regard to visual bulk, solar access, amenity or privacy.
In support of the three-storey element of the proposed dwelling house, it is noted that the existing basement floor is not highly visible from the public domain. The first-floor addition would be stepped back resulting in the dwelling to present largely as a two-storey building form.
Furthermore, the application complies with the prescriptive measures for privacy and sunlight access as discussed in the body of this report.
In summary, the proposed development is considered of a height, bulk and scale that is compatible with the surrounding low density residential environment and meets the prescriptive measures of Part 3.1.1 Scale of the HDCP.
2.6.2 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.”
The ground floor would comprise windows within the office, kitchen (W11), living room (W8) and family room (W9) which would be located more than 1m above existing ground level and would be within 3m of the side boundaries which would not comply with the prescriptive measures. In support of these non-compliances, it is noted that the windows for the office, living room (W8) and family room (W9) within the western elevation would overlook the roof of the adjoining property No. 33 Boundary Road and no privacy impacts are anticipated. The kitchen window would provide natural light to the kitchen adjacent to the benchtop and would have limited privacy impacts.
Privacy concerns are raised regarding the alfresco as it would be located 2.4m above existing ground level which would not comply with the prescriptive measures. The alfresco would be located within 9m of a habitable room window within the dwelling located at the adjoining property No. 29 Boundary Road and a habitable room window within the dwelling located at the adjoining property No. 33 Boundary Road. To address this concern a condition has been recommended requiring a 1.5m high privacy screen located on the east and west elevation of the alfresco, where the side setback is less than 3m.
The first-floor addition would comprise windows within the bedrooms, walk in robe and ensuite. These windows would provide natural light and ventilation to ‘non-habitable’ use rooms (bathrooms) and non-active use rooms (bedrooms) in compliance with Council’s planning guidelines.
Subject to the recommended conditions, the proposal meets the desired outcome of Part 3.1.6 Privacy of the HDCP and is considered acceptable.
2.7 Section 7.12 Contributions 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
The proposed development would not necessitate the removal of any trees from the site.
3.2 Built Environment
3.2.1 Built Form
The proposal would be consistent with residential development within the locality.
3.2.2 Traffic
The proposal is for a single dwelling, and it would not intensify traffic generation.
3.3 Social Impacts
The alterations and additions to a dwelling house result in a positive social contribution by providing for the housing needs of the community within a low-density residential environment.
3.4 Economic Impacts
The alterations and additions to a dwelling house would not have any detrimental economic impact upon the locality.
4. SITE SUITABILITY
Section 4.15(1)(c) of the Act requires Council to consider “the suitability of the site for the development”.
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.
4.1 Bushfire Risk
The desired outcomes of Part 1C.3.1 Bushfire of the HDCP is to encourage “development that is located and designed to minimise the risk to life and property from bushfires” and to encourage “development that balances the conservation of native vegetation and bushfire protection.”
A bushfire self-assessment has been submitted with the proposal and has identified that the site is subject to bushfire risk and would have a bushfire attack level (BAL) rating of BAL-12.5. Council has undertaken a bushfire assessment and concurs with the findings of the self-assessment and BAL rating of 12.5.
Conditions of consent have been recommended requiring construction standards and asset protection zone requirements in accordance with Planning for Bushfire Protection 2019.
The proposal meets the desired outcomes of Part 1C.3.1 Bushfire of the HDCP and is considered acceptable, subject to conditions.
Subject to the recommended conditions, the Panel can be satisfied that the proposed development complies with Section 4.14(1)(a) of the EP&A Act, that the development conforms to the specifications and requirements of the document entitled Planning for Bush Fire Protection 2019 prepared by the NSW Rural Fire Service.
5. PUBLIC PARTICIPATION
Section 4.15(1)(d) of the Act requires Council to consider “any submissions made in accordance with this Act”.
5.1 Community Consultation
The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 29 May 2024 and 20 June 2024 in accordance with the Hornsby Community Engagement Plan. During this period, Council received nil submissions. The map below illustrates the location of those nearby landowners who were notified that are in close proximity to the development site.
NOTIFICATION PLAN |
|||
• PROPERTIES NOTIFIED |
X SUBMISSIONS RECEIVED |
PROPERTY SUBJECT OF DEVELOPMENT |
5.2 Public Agencies
The development application was not referred to any Public Agencies for comment.
6. THE PUBLIC INTEREST
Section 4.15(1)(e) of the Act requires Council to consider “the public interest”.
The public interest is an overarching requirement, which includes the consideration of the matters discussed in this report. Implicit to the public interest is the achievement of future built outcomes adequately responding to and respecting the future desired outcomes expressed in environmental planning instruments and development control plans.
The 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 additions to a dwelling house.
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.
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 ‘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 generally complies with the requirements of the relevant environmental planning instruments and the Hornsby Development Control Plan 2024.
· The proposed development does not create unreasonable environmental impacts to adjoining development with regard to visual bulk, solar access, amenity or privacy.
· In accordance with Section 4.14(1)(a) of the Environmental Planning Assessment Act 1979, Council is satisfied that the development would conform to the relevant specifications and requirements of Planning for Bushfire Protection 2019.
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 |
1.⇩ |
Clause 4.6 Request |
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2.⇩ |
Architectural Plans |
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File Reference: DA/478/2024
Document Number: D08957243
SCHEDULE 1
GENERAL CONDITIONS
Condition |
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 Title |
Drawn by |
Dated |
Council Reference |
Ground Floor Plan |
Russell Scott Designs |
30 August 2024 |
|
First Floor Plan |
Russell Scott Designs |
30 August 2024 |
|
Basement Floor Plan |
Russell Scott Designs |
30 August 2024 |
|
Site Plan |
Russell Scott Designs |
30 August 2024 |
|
Front and Rear Elevation |
Russell Scott Designs |
30 August 2024 |
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Side Elevation 1 and Side Elevation 2 |
Russell Scott Designs |
30 August 2024 |
|
Section 1 and Section 2 |
Russell Scott Designs |
30 August 2024 |
|
Door & Window Schedules |
Russell Scott Designs |
30 August 2024 |
|
Erosion and Sediment Control Plan |
Russell Scott Designs |
30 August 2024 |
|
Basix Commitments |
Russell Scott Designs |
30 August 2024 |
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Proposed Ground Floor Plan |
Russell Scott Designs |
30 August 2024 |
|
Proposed Basement Floor Plan |
Russell Scott Designs |
30 August 2024 |
|
Supporting Documentation
Document Title |
Prepared by |
Dated |
Council Reference |
Waste Management Plan |
N/A |
No Date |
D08876678 |
BASIX Certificate No. A1744814 |
Sophie Scott |
23 April 2023 |
D08876660 |
Reason: To ensure all parties are aware of the approved plans and supporting documentation that apply to the development.
2. No Clearing of Vegetation
1. Unless otherwise exempt, no vegetation is to be cleared prior to issue of a Construction Certificate.
2. Details demonstrating compliance are to be submitted to the Certifier prior to issue of Construction Certificate.
Reason: To protect vegetation on the site.
1. To comply with Councils requirement in terms of privacy, the alfresco as indicated in red on the approved plans must have privacy screening as follows:
a. A 1.5-metre-high privacy screen must be erected along the eastern and western elevations of the deck located less than 3m from the side boundary to minimise a direct line of sight to the adjacent properties, known as No. 29 and 33 Boundary Road.
b. The screen must have no individual openings more than 30mm wide and have a total of all openings less than 30% of the surface area of the screen.
2. These amended plans must be submitted with the application for the Construction Certificate.
Reason: To require minor amendments to the approved plans and supporting documentation following assessment of the development.
4. Construction Certificate
1. A Construction Certificate is required to be approved by Council or a Principal Certifier prior to the commencement of any construction works under this consent.
2. 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.
5. Section 7.12 Development Contributions
1. 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, $990.00 must be paid towards the provision, extension or augmentation of public amenities or public services, based on development costs of $198,000.
2. The value of this contribution is current as of 4 September 2024 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:
$CPY |
= |
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$CDC x CPIPY |
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|
|
|
CPIDC |
Where:
$CPY is the amount of the contribution at the date of Payment
$CDC is the amount of the contribution as set out in this Development Consent
CPIPY is the latest release of the Consumer Price Index (Sydney - All Groups) at the date of Payment as published by the ABS.
CPIDC is the Consumer Price Index (Sydney - All Groups) for the financial quarter at the date of this Development Consent.
3. The monetary contributions shall be paid to Council:
a. Prior to the issue of the Subdivision Certificate where the development is for subdivision; or
b. Prior to the issue of the first Construction Certificate where the development is for building work; or
c. Prior to issue of the Subdivision Certificate or first Construction Certificate, whichever occurs first, where the development involves both subdivision and building work; or
d. Prior to the works commencing where the development does not require a Construction Certificate or Subdivision Certificate.
Note: Should the cost of works increase at Construction Certificate stage, a revised contribution amount will be calculated in accordance with the Hornsby Shire Council Section 7.12 Development Contributions Plan.
Note: It is the professional responsibility of the Principal Certifier 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.
Note: To arrange a Payment Advice for the monetary contributions, please contact Council’s Customer Service Team on 9847 6666.
Reason: To address the increased demand for community infrastructure resulting from the approved development.
BUILDING WORK
BEFORE ISSUE OF A CONSTRUCTION CERTIFICATE
Condition |
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 Certifier for the development to which the work relates (not being Council) has given Council written notice of the following information:
1. In the case of work for which a principal contractor is required to be appointed:
a. The name and licence number of the principal contractor; and
b. The name of the insurer by which the work is insured under Part 6 of that Act.
2. In the case of work to be done by an owner-builder:
a. The name of the owner-builder; and
b. 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 Certifier 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 Building Plan Approval
The plans must be approved by Sydney Water prior to demolition, excavation or construction works commencing. This allows Sydney Water to determine if sewer, water or stormwater mains or easements will be affected by any part of your development. Any amendments to plans will require re-approval. Please go to Sydney Water Tap in® to apply.
Note: Sydney Water recommends developers apply for a Building Plan Approval early as to reduce unnecessary delays to further referrals or development timescales.
Reason: To ensure the development complies with the requirements of Sydney Water.
10. Design and Construction - Bushfire Attack Category
New construction must comply with the current Australian Standard AS3959 ‘Construction of Buildings in Bush Fire-prone Areas’ Section 3 and 5 (BAL 12.5) and Planning for Bushfire Protection 2019.
Note: Further information concerning planning for bush fire protection can be found at: www.rfs.nsw.gov.au.
Reason: To ensure buildings are designed and constructed to withstand the potential impacts of bushfire attack.
11. 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 in accordance with the following requirements:
1. The overflow from the rainwater tank and collected surface water must be disposed of in accordance with AUS-SPEC Specifications (www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-conditions) and the following requirements:
a. The trench must be located a minimum of 5 metres from any downstream properties and 1 metre from the side boundaries.
b. The trench or trenches must be laid on contour.
c. The trench must be a minimum of 0.6 metres wide, 0.6 metres deep and 1 metre long for every 25 square metres of impervious area; and
d. Overland flow from the trench must be spread evenly over the site so as not to discharge water in a concentrated manner onto adjoining land.
Or
e. The stormwater drainage system must be designed by a qualified hydraulic engineer.
Reason: To ensure appropriate provision for management and disposal of stormwater.
BEFORE BUILDING WORK COMMENCES
Condition |
12. Site Sign
1. A sign must be erected in a prominent position on any site on which any approved work involving excavation, erection or demolition of a building is being carried out detailing:
a. The name, address, and telephone number of the Principal Certifier.
b. 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; and
c. Unauthorised entry to the work site is prohibited.
2. The sign must be maintained during excavation, demolition and building 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:
1. Could cause a danger, obstruction, or inconvenience to pedestrian or vehicular traffic.
2. Could cause damage to adjoining lands by falling objects; and/or
3. Involve the enclosure of a public place or part of a public place; and/or
4. 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
1. 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.
2. Each toilet must:
a. Be a standard flushing toilet connected to a public sewer; or
b. Be a temporary chemical closet approved under the Local Government Act 1993; or
c. 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 Measures
Install and maintain adequate sediment and erosion control measures for the duration of all works, until such a time that sediment, sediment laden water or any other material/substance can no longer migrate from the premises. The measures are to be installed and maintained in such a manner as to prevent sediment, sediment-laden water, or any other materials and substances migrating from the site onto neighbouring land, the roadway, waters and/or into the stormwater system, and in accordance with:
a. The publication Managing Urban Stormwater: Soils and Construction 2004 (4th edition) - ‘The Blue Book’.
b. Protection of the Environment Operations Act 1997; and
c. The approved plans
Controls are to be monitored and adjusted where required throughout the works to ensure compliance with the above
Note: On the spot penalties may be issued for any non-compliance with this requirement without any further notification or warning. If you are unsure in how to achieve compliance with this condition during works, you may need to engage the services of a suitably qualified environmental, soil or geotechnical consultant to assist.
Reason: To minimise impacts on the water quality of the downstream environment.
16. Bushfire Management - Protection Zones
At the commencement of building works the entire property must be managed as an Inner Protection Area (IPA) as outlined within Appendix 4 of Planning for Bush Fire Protection 2019 and the NSW Rural Fire Service’s document Standards for asset protection zones.
Note: Further information concerning planning for bush fire protection can be found at: www.rfs.nsw.gov.au.
Reason: To minimise the risk of bushfire attack and provide for emergency services personnel, residents and others assisting firefighting activities.
DURING BUILDING WORK
Condition |
17. Hours of Work
1. All work on site (including remediation, demolition, construction, earth works and removal of vegetation), must only occur between 7am and 5pm Monday to Saturday.
2. No work is to be undertaken on Sundays or public holidays.
Reason: To protect the amenity of neighbouring properties.
18. Environmental Management (Air Pollution)
The Applicant must take all reasonable steps to minimise dust generated during all works (including remediation, demolition, earthworks and construction) authorised by this consent. During works, the Applicant must ensure that:
1. Exposed surfaces and stockpiles are suppressed by regular watering.
2. All trucks entering or leaving the site with loads have their loads covered.
3. Trucks associated with the development do not track dirt onto the public road network.
4. Public roads used by these trucks are kept clean; and
5. Land stabilisation works are carried out progressively on site to minimise exposed surfaces.
Reason: To minimise impacts to the natural environment and public health.
19. Council Property
To ensure that the public reserve is kept in a clean, tidy, and safe condition during remediation, demolition and construction works, no building materials, waste, machinery, or related matter is to be stored on the road or footpath.
Reason: To protect public land.
20. 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.
21. 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.
22. Survey Report
A report(s) must be prepared by a registered surveyor and submitted to the Principal Certifier:
1. Prior to the pouring of concrete at each level of the building certifying that:
a. The building, retaining walls and the like have been correctly positioned on the site; and
b. 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.
23. 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.
24. 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 Principal Certifier and Council (compliance@hornsby.nsw.gov.au).
Reason: To ensure the appropriate removal and disposal of contaminated materials.
25. Erosion and Sediment Control
1. Works are not to result in the discharge of sediment and or run-off onto the adjoining properties or public land.
2. The person having the benefit of this consent must ensure that sediment and other materials are not tracked onto the roadway by vehicles leaving the site.
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 neighbouring properties and public land.
26. Soil and Water Management (Stockpiles)
1. Stockpiles of topsoil, sand, aggregate, soil or other material shall be protected with adequate sediment controls and must not be located on any drainage line or easement, natural watercourse, footpath or roadway.
2. The storage of stockpiled topsoil, sand, aggregate, soil or other materials must not result in the discharge of sediment or run-off onto the adjoining properties or public land.
Reason: To minimise impacts on the water quality of the downstream environment.
BEFORE ISSUE OF AN OCCUPATION CERTIFICATE
Condition |
27. 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.
28. Damage to Council Assets
To protect public property and infrastructure, any damage caused to Council’s assets as a result of the construction or demolition of the development must be rectified by the applicant in accordance with AUS-SPEC Specifications (www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-conditions. Rectification works must be undertaken prior to the issue of an Occupation Certificate, or sooner, as directed by Council.
Reason: To ensure public infrastructure and property is maintained.
OCCUPATION AND ONGOING USE
Condition |
29. Ongoing Bushfire Management
Any requirements relating to bushfire protection must be maintained in perpetuity and landscaping works must:
1. Be of low flammability vegetation species comprising maximum tree cover of less than 30%, and maximum shrub cover less than 20%.
2. Provide courtyards/pathways/lawns/ and/or ground cover plantings without flammable woodchips/mulch in close proximity to the building.
3. Restrict planting in the immediate vicinity of the building which may, over time, and if not properly maintained, come in contact with the building.
4. Not provide planting that forms a continuous canopy to the building (i.e. trees or shrubs be isolated or located in small clusters); and
5. Use smooth bark species of trees species which generally do not carry a fire up the bark into the crown and avoid deciduous species, climbing species or species with rough fibrous bark, or which retain/shed bark in long strips or retain dead material in their canopies.
Note: Further information concerning planning for bush fire protection can be found at: www.rfs.nsw.gov.au.
Reason: To ensure bushfire protection measures are maintained to protect life and property.
30. Landscaping in Bushfire Prone Areas
Landscaping must comply with the principles of Appendix 4 of Planning for Bush Fire Protection 2019 and the following requirements:
1. Courtyards/pathways/grassed areas/mowed lawns/ or ground cover plantings being provided in close proximity to the building.
2. Restrict planting in the immediate vicinity of the building which may, over time, and if not properly maintained, come in contact with the building.
3. Maximum tree cover should be less than 30%, and maximum shrub cover less than 20%.
4. Planting should not provide a continuous canopy to the building (i.e. trees or shrubs should be isolated or located in small clusters).
5. When considering landscape species, consideration should be given to estimated size of the plant at maturity.
6. Avoid species with rough fibrous bark, or which retain/shed bark in long strips or retain dead material in their canopies.
7. Use smooth bark species of trees species which generally do not carry a fire up the bark into the crown.
8. Avoid planting of deciduous species that may increase fuel at surface/ ground level (i.e. leaf litter).
9. Avoid climbing species to walls and pergolas.
10. Locate combustible materials such as woodchips/mulch, flammable fuel stores away from the building.
11. Locate combustible structures such as garden sheds, pergolas and materials such as timber garden furniture away from the building.
12. Use of low flammability vegetation species.
Reason: To ensure landscaping is designed and maintained to minimise the risk of bushfire attack to protect life and property.
DEMOLITION WORK
BEFORE DEMOLITION WORK COMMENCES
Condition |
31. Site Sign
1. A sign must be erected in a prominent position on any site on which any approved work involving excavation, erection or demolition of a building is being carried out detailing:
a. The name, address, and telephone number of the Principal Certifier.
b. 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; and
c. Unauthorised entry to the work site is prohibited.
2. The sign must be maintained during excavation, demolition and building 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).
32. Asbestos Removal Signage
Before demolition or remediation work commences involving the removal of asbestos, a standard commercially manufactured sign containing the words ‘DANGER: Asbestos removal in progress’ (measuring not less than 400mm x 300mm) must be erected in a prominent position at the entry point/s of the site and maintained for the entire duration of the removal of the asbestos.
Reason: To alert the public to any danger arising from the removal of asbestos.
33. 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:
1. Could cause a danger, obstruction, or inconvenience to pedestrian or vehicular traffic.
2. Could cause damage to adjoining lands by falling objects; and/or
3. Involve the enclosure of a public place or part of a public place; and/or
4. 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.
34. Notice of Commencement for Demolition
At least one week before demolition work commences, written notice must be provided to council and the occupiers of neighbouring premises of the work commencing. The notice must include:
1. Name
2. Address,
3. Contact telephone number,
4. Licence type and license number of any demolition waste removal contractor and, if applicable, asbestos removal contractor,
5. The contact telephone number of council and
6. The contact telephone number of SafeWork NSW (4921 2900).
Note: The written notice to Council can be sent to devmail@hornsby.nsw.gov.au.
Reason: To advise neighbours about the commencement of demolition work and provide contact details for enquiries.
35. Toilet Facilities
1. 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.
2. Each toilet must:
a. Be a standard flushing toilet connected to a public sewer; or
b. Be a temporary chemical closet approved under the Local Government Act 1993; or
c. Have an on-site effluent disposal system approved under the Local Government Act 1993.
Reason: To ensure adequate toilet facilities are provided.
36. Erosion and Sediment Control Measures
Install and maintain adequate sediment and erosion control measures for the duration of all works, until such a time that sediment, sediment laden water or any other material/substance can no longer migrate from the premises. The measures are to be installed and maintained in such a manner as to prevent sediment, sediment-laden water, or any other materials and substances migrating from the site onto neighbouring land, the roadway, waters and/or into the stormwater system, and in accordance with:
a. The publication Managing Urban Stormwater: Soils and Construction 2004 (4th edition) - ‘The Blue Book’.
b. Protection of the Environment Operations Act 1997; and
c. The approved plans
Controls are to be monitored and adjusted where required throughout the works to ensure compliance with the above
Note: On the spot penalties may be issued for any non-compliance with this requirement without any further notification or warning. If you are unsure in how to achieve compliance with this condition during works, you may need to engage the services of a suitably qualified environmental, soil or geotechnical consultant to assist.
Reason: To minimise impacts on the water quality of the downstream environment.
DURING DEMOLITION WORK
Condition |
37. Hours of Work
1. All work on site (including remediation, demolition, construction, earth works and removal of vegetation), must only occur between 7am and 5pm Monday to Saturday.
2. No work is to be undertaken on Sundays or public holidays.
Reason: To protect the amenity of neighbouring properties.
38. 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:
1. 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
2. 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
3. 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.
39. Handling of Asbestos
While demolition or remediation work is being carried out, any work involving the removal of asbestos must comply with the following requirements:
1. Only an asbestos removal contractor who holds the required class of Asbestos Licence issued by SafeWork NSW must carry out the removal, handling, and disposal of any asbestos material.
2. Asbestos waste in any form must be disposed of at a waste facility licensed by the NSW Environment Protection Authority to accept asbestos waste; and
3. Any asbestos waste load over 100kg (including asbestos contaminated soil) or 10m² or more of asbestos sheeting must be registered with the EPA on-line reporting tool WasteLocate.
Reason: To ensure that the removal of asbestos is undertaken safely and professionally.
40. Environmental Management (Air Pollution)
The Applicant must take all reasonable steps to minimise dust generated during all works (including remediation, demolition, earthworks and construction) authorised by this consent. During works, the Applicant must ensure that:
1. Exposed surfaces and stockpiles are suppressed by regular watering.
2. All trucks entering or leaving the site with loads have their loads covered.
3. Trucks associated with the development do not track dirt onto the public road network.
4. Public roads used by these trucks are kept clean; and
5. Land stabilisation works are carried out progressively on site to minimise exposed surfaces.
Reason: To minimise impacts to the natural environment and public health.
41. Council Property
To ensure that the public reserve is kept in a clean, tidy, and safe condition during remediation, demolition and construction works, no building materials, waste, machinery, or related matter is to be stored on the road or footpath.
Reason: To protect public land.
42. 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.
43. 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.
44. 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 Principal Certifier and Council (compliance@hornsby.nsw.gov.au).
Reason: To ensure the appropriate removal and disposal of contaminated materials.
45. Erosion and Sediment Control
1. Works are not to result in the discharge of sediment and or run-off onto the adjoining properties or public land.
2. The person having the benefit of this consent must ensure that sediment and other materials are not tracked onto the roadway by vehicles leaving the site.
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 neighbouring properties and public land.
46. Soil and Water Management (Stockpiles)
1. Stockpiles of topsoil, sand, aggregate, soil or other material shall be protected with adequate sediment controls and must not be located on any drainage line or easement, natural watercourse, footpath or roadway.
2. The storage of stockpiled topsoil, sand, aggregate, soil or other materials must not result in the discharge of sediment or run-off onto the adjoining properties or public land.
Reason: To minimise impacts on the water quality of the downstream environment.