SUPPLEMENTARY
BUSINESS PAPER
(Late Item Memo Item 1)
Local Planning Panel meeting
Wednesday 26 March 2025
at 4:00 PM
SUPPLEMENTARY
BUSINESS PAPER
(Late Item Memo Item 1)
Local Planning Panel meeting
Wednesday 26 March 2025
at 4:00 PM
Hornsby Shire Council Table of Contents
Page 0
TABLE OF CONTENTS
SUPPLEMENTARY ITEMS
Item 1 LM5/25
DA/1021/2024 - Torrens title subdivision of one lot into three
and construction of dwelling on each lot- 59 Hewitt Avenue, Wahroonga.... 1
Planning and Compliance Division
Date of Meeting: 26/03/2025
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ITEM 1 |
LPP1/25 - DA/1021/2024 - Torrens title subdivision of 1 lot into 3 and construction of dwellings on each lot - 59 Hewitt Avenue, Wahroonga |
Additional information with NO CHANGE to Recommendation
The Panel requested further information with regards to matters raised in the public meeting regarding stormwater disposal through a downstream property and the requirement for a Biodiversity Development Assessment Report (BDAR) due to Blue Gum High Forest on the adjoining properties.
Council’s Engineer and Ecologist have provided the following responses.
1. Stormwater disposal
Council’s Senior Engineer has undertaken two calculations to determine that the existing pipe located at No. 29 Exter Road, Wahroonga has adequate capacity. The calculations are provided below:
Estimation of the existing pipe capacity of 225mm diameter located at rear of 57 Hewitt Ave, Wahroonga
The WAE indicates that a diameter of 225 mm UPVC constructed at:
Slope = (163.96-161) /22 = 13.5%
1.1 Method 1: AS3600.3-2003 Plumbing & Drainage Code
1.2 Method 2: Ingeniir Website Design Tool
Both of the above methods confirm that the existing pipe has a minimum capacity of 153/s.
Given that the total flow from the existing subdivision at No. 57 Hewitt Avenue is 46 l/s, and the proposed discharge from the new subdivision at No. 59 Hewitt Avenue is 30l/s, the existing pipe line is capable of taking the additional water from the proposed development.
Accordinlgy point 2 of the Deferred Commencment condition can be deleted.
2. Biodiversity assessment
The following advice has been provided by Council’s Senior Biodiversity Planning and Assessment Officer:
2.1 Biodiversity Offset Scheme threshold review
The Biodiversity Offset Scheme (BOS) can apply to a variety of development proposals, of relevance in this case, the BOS can apply to Part 4 developments under the NSW Environmental Planning and Assessment Act 1979 (EP&A Act). The Council officer’s role in the BOS in this instance would be to determine the development application and set any offset obligations.
A list of the key considerations for officers when assessing if the BOS applies to Part 4 developments are:
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Consideration |
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Does the proposal involve vegetation clearing or other biodiversity impacts? |
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Do any exemptions apply? |
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Is there native vegetation clearing on the Biodiversity Values Map? |
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Does the clearing of native vegetation exceed the area threshold? |
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Is the development likely to significantly affect threatened species entities? |
In summary:
· The BOS may apply to Part 4 developments under the EP&A Act
· Council officers need to consider several factors that determine if the BOS applies
· Under the BOS, Council officers would need to assess the impacts of development and set offset obligations
2.2 BOS thresholds
2.2.1 Biodiversity Values Map
The clearing of any native vegetation on an area mapped on the BV Map will trigger the BOS and require submission of a Biodiversity Development Assessment Report (BDAR) with the development application.
The BV Map is accessible online and a Biodiversity Values Map and Threshold Tool (BMAT), also available online, can be used to determine the BV Map triggers.
2.2.2 Area clearing threshold
The second of the thresholds considered is an area clearing threshold using an area of native vegetation cleared (clause 7.1(1)(a) of the BC Reg). The area cleared limit varies based on the minimum lot size (clause 7.2 of the BC Reg).
Clearing
of native vegetation in excess of the above area of clearing limit will trigger
the requirement to submit a BDAR for a development application.
2.2.3 Likely to Significantly Impact on Threatened Entities
The
third threshold considered is whether the development is likely to
significantly affect a threatened species entity (clause 7.2(1)(a) of the BC
Act).
Clause
7.3 of the BC Act lists matters to be taken into account under the above
‘test of significance’.
2.3 DA/1021/2024 59 Hewitt Avenue, Wahroonga
The BOS thresholds must be considered for local development assessed under Part 4 of the EP&A Act (clause 7.7 of the BC Act). As the above application is to be assessed under Part 4 of the EP&A Act, consideration must be given to the BOS thresholds. A summary of these thresholds is included in the Environment Branch response memo as shown below:
The NSW Biodiversity Conservation Regulation 2017 (BC Reg) sets out thresholds for when the Biodiversity Offsets Scheme (BOS) would be triggered. The application does not trigger the BOS:
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Not triggered |
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Not triggered |
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Not triggered |
2.3.1 Biodiversity Values Map
An extract from the BV Map is included below and indicates that the rear portion of the subject lot is affected by the map.
The BV Map threshold is triggered by the clearing of native vegetation within the mapped area. On review of the technical reports, and in particular the Arboricultural Impact Assessment (AIA) or Tree Protection Specification provided by Tree Survey (30 August 2024, D08965712) trees 28-31 are the trees defining the area of the BV Map on the adjoining property. These trees have not been identified for removal. The AIA has concluded that these native trees are to be retained.
Based on this information, no native vegetation is to be cleared within the area included on the BV Map, and therefore the BV Map threshold has not been triggered.
2.3.2 Area Clearing Threshold
The area clearing threshold needs to consider the area of native vegetation proposed to be cleared and asses against the criteria listed in the Table under clause 7.2 of the BC Regulation. As discussed above, there is no native vegetation proposed to be removed and as such the area clearing threshold is not triggered.
2.3.3 Likely to Significantly Impact on Threatened Entities
The ‘test of significance’ is used to consider the significance of impacts on threatened entities. As shown in the BV Map extract the extent of biodiversity values mapped on the subject property is minimal when compared with the remaining extent on surrounding properties. The development is not proposing to remove native vegetation. The AIA notes that there will be minor encroachments within tree protection zones of trees 28, 30 and 31 and that these encroachments will not significantly impact the health or stability of the trees.
Based on this information the proposal is unlikely to have a significant impact on threatened entities and this threshold is not triggered.
On review of the above thresholds, none of them have been triggered and as such the BOS is not triggered and a BDAR is not required to be submitted with the development application.
2.4 Serious and Irreversible Impact Entities
The
consideration of serious and irreversible impact (SAII) entities is directed by
clause 6.5 of the BC Act.
Of particular note is clause 6.5(1) which states that the determination of SAII is only for the purposes of the BOS. Therefore, if the BOS does not apply then there is no need to consider SAII. As the proposal does not trigger BOS there is no requirements to consider SAII.
2.5 Flora and Fauna Report
It is noted that the development application has not submitted a specific ecological assessment. As previously discussed as the proposal does not trigger BOS there is no requirement to submit a BDAR. Flora and Fauna reports (or similar ecological assessment reports) are typically used to assess the ecological impacts of development outside of the BOS.
Hornsby Development Control Plan, specifically the notes under element 1.3.1.1 Biodiversity, states:
A flora and fauna assessment may be required for development that involves the clearing, removal or alteration of other native vegetation
As this proposal does not involve the removal of native vegetation and the remaining vegetation to be removed comprises garden plantings it is considered that a flora and fauna report would not be required as part of the development application documentation. In these instances, where there is minimal vegetation and habitat clearing, Council officers are able to undertake an on-site assessment for consideration of the application.
Councils engineering assessment has concluded that the existing pipe located at No. 29 Exter Road, Wahroonga has adequate capacity. Accordingly it is advised that point 2 of the defered commencment condition is not longer required and new conditon No. 3A be imposed to ensure no works are undertaken on Lot 11 DP 30101, No. 29 Exeter Road, Wahroonga as per the below recommended wording:
A. Deferred Commencement
Pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979, this consent does not operate until:
1. An Easement to Drain Water over Lot 3 DP 1072181 (No. 57B Hewitt Avenue, Wahroonga) and Lot 11 DP 30101 (29 Exeter Road, Wahroonga) has been registered with the NSW Land Registry Services (NSW LRS) in favour of the development site.
Such information must be submitted within 36 months of the date of this notice.
Upon Council’s written satisfaction of the above information, the following conditions of development consent apply:
Reason: To ensure the allotments of land are created prior to the operation of the consent.
3A. No Works on Adjoining Property
This consent does not authorise any works on the adjoining property Lot 11 DP 30101, No. 29 Exeter Road, Wahroonga.
Reason: To ensure works are located wholly within the subject site and No. 57B Hewitt Avenue, Wahroonga only.
Councils biodiveristy assessement has conculded that none of the thresholds for the BOS have been triggered and therefore no BDAR is required to be submitted with this application.
Accordingly, it is recommended that the above condition edits be imposed, with no change to the recommendation.
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Cassandra Williams Major Development Manager - Development Assessments Planning and Compliance Division |
Rod Pickles Manager - Development Assessments Planning and Compliance Division |
There are no attachments for this report.
File Reference: DA/1021/2024
