Agenda of Local Planning Panel meeting - Wednesday, 27 August 2025

LPP Report No. LPP19/25

Local Planning Panel

Date of Meeting: 27/08/2025

1 DA/1407/2024 - DEMOLITION AND TORRENS TITLE SUBDIVISION OF ONE LOT INTO FOUR - 19A AND 21 DAY ROAD, CHELTENHAM

DA No:	DA/1407/2024 (PAN-496871 - Lodged on 9 January 2025)
Description:	Demolition and Torrens title subdivision of one lot into four
Property:	Lots 1 and 2 DP 1298219, No. 19A and 21 Day Road, Cheltenham
Applicant:	The Trustee for the Cladclear Trust
Owner:	Cladclear Pty Ltd, Spectrum Civil Projects Pty Ltd, Jake William Thomas Dobrow and 19A Pty Limited
Estimated Value:	$224,900
Ward:	C Ward
Clause 4.6 Request:	N/A
Submissions:	15
LPP Criteria:	10 or more unique submissions were received by way of objection
Author:	Tim Buwalda, Senior Town Planner
COI Declaration:	No Council staff involved in the assessment of this application have declared a Conflict of Interest.

RECOMMENDATION

THAT the Hornsby Local Planning Panel, exercising the functions of Council as the consent authority, approve Development Application No. DA/1407/2025 for demolition and Torrens title subdivision of one lot into four at Lots 1 and 2 DP 1298219, Nos. 19A and 21 Day Road, Cheltenham, subject to the conditions of consent in Schedule 1 of LPP Report No. LPP19/25.

EXECUTIVE SUMMARY

· The application proposes demolition and Torrens title subdivision of one lot into four.

· The proposal complies with the minimum lot size development standard.

· A total of 15 submissions from 10 objectors 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 by way of objection were received.

· It is recommended that the application be approved.

BACKGROUND

On 10 March 2025, Council requested further information to address vehicle access, flooding, stormwater and earthworks.

On 31 March 2025, Council received amended plans which were subsequently re-notified.

On 7 May 2025, Council requested further information to address potential flooding impacts.

On 5 June 2025, Council’s engineers held a meeting with the applicant’s engineer to discuss the outstanding flooding issues.

On 2 July 2025, the applicant provided additional flooding calculations to support the application.

On 14 July 2025, Council requested that an updated flood report be submitted to Council which included the additional flooding calculations.

On 23 July 2025, an amended flood report was submitted to council which is subject to this assessment.

SITE

The 2,816m² rectangular site contains a single storey dwelling house.

The site experiences a fall of 13m to the front boundary with the steepest section of the site isolated to the rear portion.

The site is not bushfire prone but is flood prone.

The site contains an open stormwater channel at the front of the site.

The site is burdened by an easement for drainage affecting natural watercourse.

The site is benefited by a Right of Carriageway and easement for electricity and telephone supply.

The subject property is located within the Gullies Precinct of the Beecroft-Cheltenham Heritage Conservation Area (HCA) listed under Schedule 5 of the Hornsby Local Environmental Plan 2013 (HLEP).

PROPOSAL

The application proposes demolition of the existing dwelling and Torrens title subdivision of one lot (No. 21A Day Road) into four lots as detailed below.

· Proposed Lot 21 would have an area of 667.1m² and would have direct vehicle access to Day Road. The site contains an existing stormwater easement/open channel to the rear of the lot.

· Proposed Lot 22 would have an area of 630.4m² and would be accessed via the proposed driveway within the existing Right of Access burdening No. 19A Day Road.

· Proposed Lot 23 would have an area of 726.7m² (609.6m² excluding ROW) and would be accessed via the proposed driveway within the existing Right of Access burdening No. 19A Day Road and the proposed Right of Access that would burden the subject Lot.

· Proposed Lot 24 would have an area of 692.4m² (634.8m² excluding ROW) and would be accessed via the Right of Access that burdens No. 19A Day Road and proposed Lot 23. The steep topography of the proposed lot would have a greater than 20% gradient.

A new driveway is proposed within the Right of Way burdening No. 19A Day Road that benefits the subject site. Retaining walls are proposed along the northern side of the proposed driveway.

Retaining walls are proposed within Lots 23 and 24.

Stormwater from all proposed lots would be directed to the existing open stormwater channel.

Six trees are proposed to be removed as part of this application.

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 North District Plan includes priorities and actions for Northern District over the next 20 years.

The identified challenge for Hornsby Shire will be to provide 5,500 new completed homes by 2029 with further strategic supply targets to be identified to deliver 97,000 additional dwellings in the North District by 2036.

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

2. STATUTORY CONTROLS

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

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

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

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

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

The proposed development is defined as demolition and subdivision and is permissible in the R2 zone with Council’s consent.

2.1.2 Minimum Lot Size

Clause 4.1 of the HLEP prescribes that the minimum subdivision Lot size is not to be less than shown for the land on the minimum Lot Size Map, which is 600m².

· Proposed Lot 21 would have an area of 667.1m².

· Proposed Lot 22 would have an area of 630.4m².

· Proposed Lot 23 would have an area of 726.7m² (609.6m² excluding ROW).

· Proposed Lot 24 would have an area of 692.4m² (634.8m² excluding ROW).

All proposed lots would comply with the 600m² minimum lot size and are considered acceptable for residential purposes.

2.1.3 Height of Buildings

It is noted that the application is for subdivision and associated works only, the construction of dwelling houses would be subject to separate approval.

The development proposes retaining walls with a maximum height of 1.4m which complies with the 8.5m building height development standard.

2.1.4 Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire with the objective to conserve significant heritage and the heritage significance of heritage item and heritage conservation areas, including associated fabric, settings and views.

The subject property is located within the Gullies Precinct of the Beecroft-Cheltenham Heritage Conservation Area (HCA) listed under Schedule 5 of the HLEP.

The application proposes the demolition of a dwelling house and Torrens title subdivision of one lot into four. Council heritage assessment raised no objection to the demolition of the existing dwelling house as the house is not considered a contributory item to the HCA.

Council’s heritage assessment noted that there is not a consistent subdivision pattern in the locality and the proposal would allow the orderly subdivision of the site with regular boundary allotments.

It is generally considered that the future dwelling house on proposed Lot 21 would be the visible dwelling house from Day Road, however it is noted that the development proposes to retain the majority of the existing well established vegetation at the front of the site which would effectively screen future development.

To a lesser extent, the future dwelling on proposed Lot 24 may be visible from Day Road, however any visual impact to the streetscape of the HCA would be mitigated by the extensive setback of approximately 112m to the indicative building envelope and existing screen vegetation at the front of the site.

The design of any future dwellings would be thoroughly assessed during the assessment of a future DA.

It is generally considered that the proposed demolition of the dwelling house and Torrens title subdivision of one lot into four would meet the objectives of Clause 5.10 of the HLEP and is considered acceptable on its merits.

2.1.5 Flood Planning

The site is flood prone and located within a flood planning area. As a consequence, the application is required to address Clause 5.21 of the HLEP which states:

(1) The objectives of this clause are as follows—

(a) to minimise the flood risk to life and property associated with the use of land,

(b) to allow development on land that is compatible with the flood function and behaviour on the land, taking into account projected changes as a result of climate change,

(c) to avoid adverse or cumulative impacts on flood behaviour and the environment,

(d) to enable the safe occupation and efficient evacuation of people in the event of a flood.

(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 function and behaviour on 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 in the event of a flood, and

(e) will not adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses.

(3) In deciding whether to grant development consent on land to which this clause applies, the consent authority must consider the following matters—

(a) the impact of the development on projected changes to flood behaviour as a result of climate change,

(b) the intended design and scale of buildings resulting from the development,

(c) whether the development incorporates measures to minimise the risk to life and ensure the safe evacuation of people in the event of a flood,

(d) the potential to modify, relocate or remove buildings resulting from development if the surrounding area is impacted by flooding or coastal erosion.

The application includes a Flood Report prepared by Ibrahim Stormwater Consultants dated July 2025, which concludes that the proposed subdivision and future dwelling houses would have negligible impact on the overland flow path or downstream properties.

Council’s engineering assessment concurs with the findings of the submitted flood report and recommends appropriate conditions in Schedule 1 of this report should consent be granted.

Therefore, Council is satisfied the development has addressed Clause 5.21 of the HLEP and the development would have negligible impacts to adjoining properties or the subject site in regard to flooding. Further discussion is provided in Section 4.1 of this report.

2.1.6 Earthworks

The objective of Clause 6.2 Earthworks of the HLEP is to ensure that earthworks, for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

The Bulk Earthworks Plan, within the Preliminary Engineering Plans outlines that the proposed development includes cut and fill generating a deficit of 540m³ fill and requiring fill importation from off site.

For the estimated number of truck movements associated with proposed fill importation, the Bulk Earthworks Plan has accounted for inbound trips only and, based on the 104-figure estimate provided, the total inbound and outbound truck movements associated with fill importation will be approximately 208 trucks.

The proposed fill is limited to the driveway and vehicle entry to each proposed lot to allow for safe vehicle entry and exit from each lot. Further assessment against Clause 6.2 Earthworks of the HLEP is provided below:

Matter for Consideration	Comment
(a) The likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development	The proposed earthworks are required to provide safe vehicle access to each proposed lot. The earthworks would be clear of the overland flow path that burdens the site as detailed in the Hydraulic Assessment report prepared by Ibrahim Stormwater Consultants dated July 2025. It is considered that the earthworks would not impact any drainage patterns and appropriate conditions are recommended to ensure soil stability.
(b) The effect of the development on the likely future use or redevelopment of the land	The proposed earthworks are required to allow safe vehicle access into each proposed lot. The proposed earthworks would help facilitate future development of these lots.
(c) The quality of the fill or the soil to be excavated, or both	Appropriate conditions are recommended to ensure any fill imported to the site is Virgin Excavated Natural Material and classified by a suitably qualified suitably qualified environmental consultant.
(d) The effect of the development on the existing and likely amenity of adjoining properties	The proposed earthworks are limited to the driveway and entry into each proposed Lot to allow safe vehicle access. The earthworks would have negligible amenity impacts to adjoining properties and are considered acceptable.
(e) The source of any fill material and the destination of any excavated material	Appropriate conditions are recommended to ensure any fill imported to the site is Virgin Excavated Natural Material and classified by a suitably qualified suitably qualified environmental consultant. A similar condition is recommended for any excavated material to be exported from the site.
(f) The likelihood of disturbing relics	Council has no record of any historical items or events of note on the subject site, of either Aboriginal or European Heritage. It is therefore considered that the proposed works are unlikely to disturb any relics.
(g) The proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area	The earthworks would not impact any existing waterways as the nearest waterway, Byles Creek is located approximately 230m from the site. Notwithstanding appropriate sediment and erosion control measures are recommended as conditions of consent noting that the open stormwater channel does connect to Byles Creek.
(h) Any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development	Appropriate measures have been included as conditions of development consent in Schedule 1 of this report to avoid, minimise and mitigate the impacts of the development.

Considering the volume of heavy vehicle movements associated with the proposed fill importation, in conjunction with the site access constraints posed by the steep topography, battle-axe form of the site and the location of an open water drainage channel within the site, a condition is recommended requiring a Construction Management Plan (CMP) be approved by Council prior to the commencement of any works.

This CMP would limit the number of truck movements per day to minimise the potential amenity impacts to adjoining properties and the local road network.

Council’s assessment of the proposed works and importation of fill concludes that the development is considered acceptable on its merits, subject to the recommended conditions.

2.2 State Environmental Planning Policy (Biodiversity and Conservation) 2021

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

2.2.1 Chapter 2 Vegetation in Non-Rural Areas

Chapter 2 of this policy aims to protect the biodiversity and amenity values of trees within non-rural areas of the state.

Part 2.9 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 1.2.6.1 of the HDCP prescribes works that can be undertaken with or without consent to trees and objectives for tree preservation.

Section 3.1.1 of this report provides an assessment in accordance with Part 1.2.6.1 of the HDCP.

2.2.2 Chapter 6 Water Catchments

The site is located within the catchment of the Hawkesbury-Nepean River. The aim of this chapter is to protect the environment of the Hawkesbury-Nepean River system by ensuring that the impacts of development are considered in the regional context. This chapter contains general planning considerations and strategies requiring Council to consider the impacts of development on water quality, aquaculture, significant vegetation habitats, extraction, environmental heritage and scenic quality, recreation and tourism, and agriculture.

The plan addresses matters related to biodiversity, ecology and environment protection; public access to, and use of, foreshores and waterways; 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 not impact on the water quality of the catchment and would comply with the requirements of chapter 6 of the Biodiversity and Conservation SEPP.

2.3 State Environmental Planning Policy (Resilience and Hazards) 2021

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

2.3.1 Chapter 4 Remediation of Land

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

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

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

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

Section 3.42 of the Environmental Planning and Assessment Act 1979 states that a DCP provision will have no effect if it prevents or unreasonably restricts development that is otherwise permitted and complies with the development standards in relevant Local Environmental Plans and State Environmental Planning Policies.

The principal purpose of a development control plan is to provide guidance on the aims of any environmental planning instrument that applies to the development; facilitate development that is permissible under any such instrument; and achieve the objectives of land zones. The provisions contained in a DCP are not statutory requirements and are for guidance purposes only. Consent authorities have flexibility to consider innovative solutions when assessing development proposals, to assist achieve good planning outcomes.

2.5 Hornsby Development Control Plan 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 6 Subdivision
Control	Proposal	Requirement	Complies
Site Area	2,816m²	N/A	N/A
Lot Size
- Lot 21	667.1m²	600m²	Yes
- Lot 22	630.4m²	600m²	Yes
- Lot 23	726.7m² (609.6m² excluding ROW)	600m²	Yes
- Lot 24	692.4m² (634.8m² excluding ROW)	600m²	Yes
Minimum Lot Width
- Lot 21	20m	15m	Yes
- Lot 22	17.4m	15m	Yes
- Lot 23	17.4m	15m	Yes
- Lot 24	20.5m	15m	Yes
Indicative Setbacks Lot 21
- Front (Day Road)	6.5m	7.6m or greater	No
- Side (north-east)	0.9m	0.9m	Yes
- Side (south-west)	0.9m	0.9m	Yes
- Rear (north-west)	6.3m	3m	Yes
Indicative Setbacks Lot 22
- Side (south-east)	10.5m	0.9m	Yes
- Side (north-east)	2.4m	0.9m	Yes
- Side (south-west)	3.4m	0.9m	Yes
- Rear (north-west)	3m	3m	Yes
Indicative Setbacks Lot 23
- Side (south-east)	1.1m	0.9m	Yes
- Side (north-east)	0.9m	0.9m	Yes
- Side (south-west)	0.9m	0.9m	Yes
- Rear (north-west)	16m	3m	Yes
Indicative Setbacks Lot 24
- Side (south-east)	11.3m	0.9m	Yes
- Side (north-east)	4.5m	0.9m	Yes
- Side (south-west)	3m	0.9m	Yes
- Rear (north-west)	5.7m	3m	Yes
Potential Landscaped Area
- Lot 21	37%	>30%	Yes
- Lot 22	55%	>30%	Yes
- Lot 23	44%	>30%	Yes
- Lot 24	59%	>30%	Yes
Private Open Space
- Lot 21	25m² (min width 3m)	24m² (min width 3m)	Yes
- Lot 22	37m² (min width 3m)	24m² (min width 3m)	Yes
- Lot 23	314m² (min width 16m)	24m² (min width 3m)	Yes
- Lot 24	39m² (min width 5m)	24m² (min width 3m)	Yes
Building Envelope
- Lot 21	200m²	200m²	Yes
- Lot 22	200m²	200m²	Yes
- Lot 23	200m²	200m²	Yes
- Lot 24	200m²	200m²	Yes

As detailed in the above table, the proposed development generally complies with the prescriptive measures within the HDCP with the exception of setbacks. A brief discussion on compliance with relevant performance requirements is provided below and Part 1.3 General Controls are addressed in Section 3 of the report.

2.5.1 Setbacks

Submissions have been received raising concern to the front boundary setback of proposed Lot 21.

The Civil Works Plan prepared by Chrisp Consulting, drawing No. C152 rev. AB proposes a front boundary setback of 6.5m to Day Road for proposed Lot 21.

It is noted that the applicant also provided Concept Architectural Plans prepared by Fortey & Grant Architecture Pty Ltd, drawing No. SK-03 rev. A which proposes a front boundary setback of 8.3m to Day Road for proposed Lot 21.

For the purpose of calculating the front boundary setback, the setback as shown in the Civil Works Plan which proposed a front boundary setback of 6.5m is used to be consistent across all proposed lots, noting that the architectural plans are indicative and only provided for Lots 21 and 24.

The prescriptive measures set out in Table 6.2.1-c: Minimum Boundary Setbacks prescribes a “front boundary setback of 6m to local roads except for the following: on local roads, where an existing setback of 7.6m or greater exists, it may be necessary to conform to this setback to maintain the streetscape character”

The streetscape of Day Road contains a mix of front boundary setbacks as detailed below:

Address	Front setback
7 Day Road	10m
9 Day Road	10m
11 Day Road	8.5m
15 Day Road	10m
17 Day Road	23m
19 Day Road	15m
23 Day Road	36m

As detailed above there is no consistent front boundary setback along the western side of Day Road, as some lots have been developed while others such as No. 23 Day Road remain undeveloped from the original subdivision.

However, there does appear to be a consistent setback between No. 5A Day Road to No. 15 Day Road with the average front setback approximately 10m.

As assessment of the indicative building envelope as detailed on the Civil Works Plan prepared by Chrisp Consulting, drawing No. C152 rev. AB details that at the closet point the front boundary setback would be 6.5m to the splayed boundary for a building width of 3.2m. The remaining section of the building envelope would be setback between 10.3m and 15.3m to the front boundary.

Therefore, the majority of the building envelope would be setback at a compliant 10m setback.

Furthermore, it is noted that any future dwelling house would be assessed against the prescriptive measures of part 3.1.2 Setbacks of the HDCP which has allowances for certain encroachments into the front setback:

j) On local roads, where the streetscape will not be adversely affected, a single storey encroachment of 1.5 metres may be permitted for a distance equal to 1/3 of the width of the dwelling measured at the building line. Any encroachment is not to be in the form of a garage.

Therefore, the majority of the indicative building envelope would comply with the established 10m front boundary setback along Day Road. While the encroachment for a 3.2m wide section of the building envelope would still not comply with prescriptive measure (j) above, it is noted that there is existing well established screen planting along within the front boundary that is to be retained that would screen the minor encroachment from Day Road and is acceptable.

It is noted that the development generally complies with all other setback requirements for the indicative building envelopes and are considered acceptable. Any future DA for a dwelling house would be subject to assessment in accordance with Council’s HLEP and Part 3 – Dwelling HDCP requirements.

The development meets the desired outcomes of Part 6.2.1 Residential lands Subdivision of the HDCP and is considered acceptable.

2.5.2 Landscaping

As detailed in the above table, each proposed lot is capable of complying with the minimum landscaped area requirement.

A condition is recommended requiring all pervious areas of the site and the road reserve adjoining the site be appropriately landscaped with suitable (preferably indigenous) turf, trees, and shrubs to complement the development and prevent erosion of soil.

2.5.3 Open Space

Submissions have been received stating that there is inadequate private open space for the proposed Lots.

In response to these submissions, it is noted that the concept architectural plans prepared by Fortey & Grant Architecture Pty Ltd, drawing No. SK-03 rev provides a 25m² alfresco area that would meet the requirements of the minimum private open space of 24m² and is considered acceptable.

As detailed in the table above, all other proposed Lots would meet the minimum private open space requirements and are considered acceptable.

2.5.4 Vehicular Access and Parking

Submissions have been received stating that the vehicle access and driveway is inadequate.

The desired outcomes of Part 6.4.1 Residential and Rural Lands Accessway Design of the HDCP encourages “to ensure access along private accessways to all new Lots is simple, safe and direct,” “driveways should not be visually intrusive to the existing streetscape,” and “to limit the number of driveway crossings and additional dwellings with direct access to main roads to limit the cumulative impacts on traffic flows and safety.”

This is supported by the prescriptive measures which states that the accessway width for four to six lots should be a minimum 4m wide comprising of a 3m carriageway width and a 1m landscaping verge.

The application proposes the demolition of an existing driveway and construction of a new driveway within the Right of Access to service proposed Lots 22, 23, 24 and No. 19 and 19A Day Road.

Proposed Lot 21 would contain separate vehicular access to Day Road via an extended section of the vehicle crossing. The applicant has provided concept architectural plans which has a turning area within the front yard to allow vehicles to enter and exit in a forward direction which is considered acceptable.

The proposed accessway would contain a split driveway at the front of the site which would allow a vehicle to enter the driveway on one side while a vehicle exits the driveway on the other side, which acts as a passing bay.

Submissions have been received stating that the driveway width at the front of the site is only 2.5m wide on both sides of the split driveway with a landscaped strip splitting the driveways.

To address this, a condition is recommended, requiring amended plans be submitted increasing the width of both split driveways to a minimum 3m wide to allow safe vehicle access. This would reduce the landscape strip to 1m wide which still complies with Council’s requirements.

The remainder of the driveway would be 3m wide and this width is increased for the passing bays.

Submissions have also been received stating that the passing bays are inadequate.

The application proposes three passing pays, one at the front of the site (discussed above), one located between Lots 21 and 22 and one within Lots 22 and 23 where the driveway forks to provide vehicle access to No. 19A Day Road.

The Traffic Impact Assessment prepared by Traffic & Safety Solutions Pty Ltd provides swept paths to demonstrate that these passing bays are sufficient.

Council generally supports the passing bays; however, it is noted that the second passing bay located between Lots 21 and 22 is 5.5m wide including the landscaping verge. For a passing bay to be considered sufficient, the passing bay must be 5.5m wide for a length of 6m. Therefore, the second passing aby is not considered sufficient as the 5.5m width includes the landscaping verge. However, to address this an amended plan condition is recommended to ensure the driveway width is extended to 5.5m and the landscaping verge is deleted in this section of the driveway.

It is generally considered a better planning outcome to have a compliant driveway width as opposed to a landscaping verge to provide safe vehicle access. Furthermore, this lack of landscaping verge for a length of 6m of the driveway is considered to have negligible impacts to the streetscape of Day Road.

It is noted that the landscaping verge is reduced to a width of 0.5m (as opposed to 1m) from the third passing bay to the rear. No objections are raised to this change as the purpose of the landscaping verge is to soften the visual impact of the driveway from the streetscape. Noting that this change occurs approximately 75m from Day Road, it is generally considered that this would have no impact to the streetscape of Day Road.

Furthermore, driveways servicing one to three lots are only required to have a landscape verge of 0.5m wide and therefore the proposed driveway would comply.

The application proposes a common turning area at the rear of the site. Submissions have been received stating that this common turning area is insufficient.

Prescriptive measure (g) of Part 6.4.1 of the HDCP states that:

“Accessways serving 2 or more Lots should incorporate a common turning area, designed to allow the 85% Design Car Turning Path in accordance with AS 2890.1 and AS 2890.2.”

The common turning area would allow for a 3-point turn for a B85 vehicle (85% Design Car Turning Path) and a 5-point turn for a B99 vehicle (e.g. delivery van). Therefore, the common turning area would comply with prescriptive measure (g) by providing a three-point turn for a B85 vehicle.

The application proposes the reconstruction of the driveway over the existing culvert that connects to the open stormwater channel. Submissions received were concerned that the new driveway would damage the existing culvert.

In response to these submissions, it is noted that the application proposes to provide thickened reinforced driveway approximately 5m either side of the culvert to protect the existing stormwater infrastructure.

No objections are raised to this, and a condition is recommended to reflect this proposal and includes that all structural details must be designed by a Chartered Structural Engineer of the Institution of Engineers Australia with structural details to be submitted with the application for the Subdivision Works Certificate.

A positive covenant is recommended requiring the future dwelling houses to be designed to allow for vehicles to enter and exit Lots 21, 22 and 23 in a forward direction to ensure safe vehicle entry and egress. This would require a turning area within each Lot to be provided with the design for the future dwelling house to ensure safe and direct vehicle access.

It is noted that Lot 24 can utilise the common turning area at the rear of the driveway to ensure vehicles can enter and exit in a forward direction which is considered acceptable.

The proposed driveway would limit the number of driveways to Day Road by providing a Right of Access to service the proposed lots which meets the desired outcome to limit the number of crossings.

The development meets the desired outcomes and prescriptive measures of Part 6.4.1 Residential and Rural lands Accessway Design of the HDCP and is considered acceptable, subject to conditions.

2.5.5 Subdivision

Part 6.1.1 of the HDCP includes the following desired outcomes:

a) Subdivision design that provides usable allotments that relate to site conditions.

b) Subdivision design that provides for the retention of significant landscape features and respects site constraints including significant trees, remnant bushland, steep topography, watercourses, riparian land and stormwater overland flow paths, and bushfire hazard asset protection zones.

c) Subdivision design that provides for all necessary services and facilities, including any required extension or amplification to Council infrastructure.

The subdivision layout in the vicinity of the development is irregular there is no consistent pattern. It is noted that Lots to the east are shallower that the subject site and are generally battle-axe configurations two Lots deep. The lot configuration of sites to the northeast are more linear as a result of the side street Robecq Avenue.

The subdivision layout across the road to the east are more irregular with battle-axe arrangements up to four lots deep (No. 30, 32, 32A and 32B Day Road).

It is generally considered that the proposed subdivision layout would not be inconsistent with the subdivision layout of the locality noting the irregular subdivision pattern.

The indicative building envelope would be outside the overland flow path that burdens the site as discussed in detail in Section 2.1.5 of this report.

The rear proposed Lot 24 is located on land that is greater than 20% gradient. As detailed in Section 2.5.6 of this report concept architectural plans have been provided which detail how an appropriately sized dwelling house can be located on the site.

The proposed development involves the removal of six trees from the site. This matter is discussed in detail in Section 3.1.1 of this report. The site is not bushfire prone land was therefore not required to be referred to the NSW Rural Fire Service.

2.5.6 Residential Lands Subdivision

Part 6.2.1 of the HDCP includes the following desired outcomes:

a) Subdivision design should maintain appropriately shaped Lots to accommodate a dwelling and associated development that is compatible with a low density residential environment.

b) Subdivision design should provide setbacks to developable areas that will: complement the streetscape, provide for landscaping, protect landscape features, and provide separation between existing and future dwellings.

The size of each of the proposed lots are in excess of the minimum lot size prescribed in the HLEP. The proposed lots are appropriately shaped to conform to the configuration of the site and the existing accessway upgrades. The proposed vacant Lots comply with the minimum lot width prescriptive measure and can accommodate a 200m² indicative building envelope clear of required setbacks to boundaries and trees to be retained.

The applicant provided concept architectural plans for proposed Lot 21 and 24 detailing how a dwelling house could be constructed on the constrained lots.

Proposed Lot 21 is constrained by the existing trees to be retained at the front of the site and also the overland flow contained within the stormwater channel to the rear of the Lot. The indicative architectural plans allow for a 280m² four-bedroom dwelling house to be located within the subject site that does not require further tree removal and does not impact the overland flow path, while generally complying with the setback requirements. The plans allow for a turning area within the front setback which allows vehicles to enter and exit the site in a forward direction without the need for further tree removal.

Proposed Lot 24 is constrained by the topography of the proposed lot which exceeds a gradient of 20%. The applicant provided concept architectural plans allow for a 280m² four-bedroom dwelling house within the subject site that generally responds to the topography of the site and generally complies with the setbacks.

It is noted that the plans provided are concept only and any future DA would be subject to separate assessment in accordance with Council’s HLEP and HDCP.

It is generally considered that the development complies with the desired outcomes and prescriptive measures of Part 6.2.1 of the HDCP and is considered acceptable.

2.5.7 Heritage

Objections have been received stating that the proposed development is not consistent with the Beecroft Cheltenham Heritage Conservation Area (HCA).

As detailed in Section 2.1.4 of this report, the development is satisfactory with respect to Clause 5.10 Heritage Conservation of the HLEP.

The works have been considered against the heritage provisions of the HLEP, the HDCP, and documentation submitted with the application.

The desired outcomes of Part 9.6.2 Demolition of the HDCP include provisions to retain the qualities of the HCA and positive elements in the streetscape. In general, the prescriptive measures require characteristic and compatible dwellings to be retained, and replacement buildings and landscaping should be sympathetic to the HCA character.

The plans submitted propose the removal of the existing dwelling, swimming pool and driveway to the property.

The existing dwelling is a modest late 1960s dwelling, with no significant architectural merit and is not a style required to be retained. Accordingly, the proposed demolition would not have an adverse impact on the precinct or conservation area.

Part 9.4.2 Subdivision of the HDCP prescribes the following:

“Desired Outcomes

a) Minimise allotment subdivision to retain the pattern and arrangement of the original spatial layout of Lots.”

“Prescriptive Measures

a) Lot boundary changes are generally not supported where the development pattern or early subdivision is integral to the heritage significance of the heritage conservation area.

b) Subdivision should conserve the important characteristics of the subdivision pattern, allotment layout and width, streetscape character, natural landform, bush setting, landscape features, and other notable features of the significant period of development.

c) Subdivision should allow for the ongoing interpretation of the original subdivision through the siting of built form and landscape design.

d) A single driveway is preferred for joint right-of-way access to battle-axe allotments.”

The subdivision pattern in the streetscape is irregular and not consistent throughout Day Road with 3 remaining large rectangular Lots (including the subject site) and battle-axe subdivisions resulting in two, three and four lots deep.

Therefore, the subdivision pattern in the locality is not consistent and is not an integral feature of this area within the Beecroft Cheltenham HCA.

The application proposes a Right of Access to provide vehicle access to Lots 22, 23, 24 and 19A Day Road which would meet prescriptive measure (d). The minor driveway and vehicle crossing extension to proposed Lot 21 would be appropriately screened to reduce the visual impact to the HCA.

While six trees are proposed to be removed, these trees are not considered to be significant trees, and the loss of trees would not have an adverse impact to the HCA. Appropriate conditions are recommended ensuring replacement canopy trees are provided within each Lot.

Submissions have been received stating that the proposed subdivision of one lot into four should be reduced to one lot into three to preserve the HCA. The objections stated that Lots 23 and 24 should be amalgamated and relocate the indicative building envelope of Lot 22 further back from Day Road.

In response to these objections, it is noted that the proposed lots meet the minimum lot size development standard. Furthermore, the reduction in one lot would not significantly amend the proposal or impact to Day Road as proposed Lots 22, 23 and 24 would not be overly visible from Day Road and as discussed in this report the existing screen vegetation at the front of the site would screen the future dwelling house on Lot 21.

It is noted that the design of the future dwelling houses would be subject to a future DA where the compatibility of the design in the HCA would be further assessed.

The proposed development meets the desired outcomes and prescriptive measures of Part 9.6.2 Demolition and Part 6.6.3 Subdivision of the HDCP and is considered acceptable on its merits.

2.6 Section 7.11 Contributions Plans

Hornsby Shire Council Section 7.11 Contributions Plan 2020-2030 applies to the development as it would result in an additional 3 residential Lots in lieu of the existing Lot. Accordingly, the requirement for a monetary Section 7.11 contribution is recommended as a condition of consent.

2.7 Housing and Productivity Contribution

The Housing and Productivity Contribution applies to the development as it would result in an additional 3 Lots in lieu of the existing Lot. Accordingly, the requirement for a monetary Housing and Productivity 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

The proposed development would necessitate the removal of six trees from the site numbered 9, 13, 22, 23, 24, 25 as detailed in the Arboricultural Impact Assessment prepared by Bellevue Tree Consultancy dated 20 December 2022.

These trees are identified as Pittosporum undulatum (Sweet Pittosporum, trees 9, 13, 22 and 25), Camellia Sasanqua (Cameillia, tree 23) and Syzygium paniculatum (Magenta Lilly Pilly, tree 24).

While tree loss is not ideal, it is noted that the trees are required to be removed to facilitate safe vehicle access to the proposed loss and the trees to be removed are not considered to be significant trees.

To offset the six trees to be removed, a minimum of four replacement trees are required to be planting, one within each lot. The replacement plantings must be native species at a minimum height of 3m and have the potential to reach a mature height of more than 10m.

Tree 26 would be located on proposed Lot 3 and is identified as a Liquidambar styraciflua (American Sweetgum) tree with a moderate retention value. This tree is proposed to be retained and the indicative building envelope and proposed retaining walls are located outside the tree protection zone of this tree. Appropriate conditions are recommended to protect and retain this tree.

Submissions have been received stating that the arborist report does not address all trees that would be impacted by the works, specifically trees located between the boundary of No. 19 and 19A Day Road.

In response to these objections, Council’s Tree Management Team have assessed the application and determined that these trees are setback a sufficient distance from the driveway reconstruction and would not be adversely impacted.

It is also noted that the site has been subject to recent tree applications:

· TA/373/2022: Approval to remove any Ligustrum lucidum (Large leaf Privet), Cinnamomum camphora (Camphor Laurel), Bambusa sp. (Bamboo) and any dead trees on the property.

· TA/864/2022: Approval to remove of Eucalyptus piperita (Sydney Peppermint) and required the replacement planting of 2 trees. The applicant provided confirmation that 3x Grey Ironbark trees had been planted on the site.

Since then, the applicant has provided evidence that 6x Eucalyptus robusta (Swamp Mahogany) trees have been planted along the rear boundary of proposed Lot 24. Council’s Tree Management Team is satisfied that the replacement planting conditions of TA/864/2022 have been satisfied. A condition of consent is recommended ensuring these 6x Eucalyptus robusta (Swamp Mahogany) trees are retained and protected during works.

While tree loss is not ideal, it is noted that the applicant has provided sufficient replacement planting above Council’s requirements to date and replacement planting of four trees is required as part of this application.

The application proposes to retain the existing trees at the front of the site (trees 1 to 8, 10 to 12 and 27). These trees currently screen the site from the streetscape of Day Road.

Proposed Lot 21 is to be accessed via the existing vehicle crossing to Day Road and the future dwelling house would be required to have a turning area within the front yard of the site to ensure vehicles can enter and exit in a forward direction.

Concept architectural plans have been provided detailing how this can be achieved without further tree removal, and this has been supported by an Arborist statement.

Council’s Tree Management Team have reviewed this and raised no concerns to a turning area within the front yard of proposed Lot 21 and raised no objections.

Appropriate conditions are recommended in Schedule 1 of this report requiring these trees to be retained and protected.

3.1.2 Stormwater Management

Submissions have been received stating that the existing stormwater pipes are inadequate.

The proposed stormwater drainage plan indicates that all storm water will be directed to future rainwater tanks and on-site detention systems for the future dwelling houses and then directed to the open stormwater channel at the front of the site.

The development would be utilising an existing 225mm stormwater pipe along the north-eastern boundary. It is proposed to create a 1m wide drainage easement over this pipe for proposed Lots 22, 23 and 24 to connect into.

A condition is recommended requiring a positive covenant for all future dwelling houses on each lot to have an OSD system with 5 cubic metres of storage and a discharge rate of 8L/s to control the stormwater discharge into the stormwater channel.

Council’s engineering assessment resulted in further clarification from the applicant including provision of catchment flow rates to ensure that the existing 225mm pipe along the northeastern boundary was sufficient.

Council’s engineering assessment determined that the submitted flow rates from proposed Lots 22, 23 and 24 complied with Australian Standard AS/NZS 3500.3:2003 and is satisfactory. Furthermore, as each lot would require OSD, the flow rates within the existing pipe would be further reduced as each OSD would limit the discharge to 8L/s.

Council’s assessment against the relevant requirements of Part 1.3.1.2 Stormwater Management has raised no concerns with the proposed stormwater drainage plan, subject to the conditions recommended in Schedule 1 of this report.

3.1.3 Earthworks

As detailed in Section 2.1.6 of this report, bulk earthworks are required to facilitate safe vehicle access to the new Lots and create levelled building platforms.

The proposed earthworks are considered acceptable and appropriate conditions are recommended to ensure appropriate sediment and erosion control measures are in place and a Construction management plan be submitted to Council for approval prior to works commencing which would limit the number of truck movements per day.

The application includes a Geotechnical Report prepared by Ascentgeo Geotechnical Consulting dated 10 December 2024 which provides recommendations for the proposed earthworks and footings.

Appropriate conditions are recommended in Schedule 1 of this report requiring the appointment of a project Geotechnical Engineer to oversee and certify the proposed works.

Subject to these conditions, no objections are raised to the proposed earthworks as they would provide safe vehicle access to the proposed lots.

3.1.4 Waste Management

Appropriate conditions are recommended to ensure waste is disposed of correctly. This includes measures for safe practise for handling asbestos waste.

The future on-going waste management of the future dwellings on each lot would have weekly and bi-weekly bin services consistent with the surrounding residential properties.

3.2 Built Environment

3.2.1 Built Form

The development proposes the subdivision of land and associated works. The only physical works include construction of the driveway, retaining walls and stormwater infrastructure.

The design and construction of future dwelling houses would be subject to further approvals which would assess the built form and environmental and amenity impacts to adjoining properties.

3.2.2 Traffic

A Traffic & Parking Impact Assessment prepared by Traffic & Safety Solutions dated 6 April 2025 has been submitted with the proposal which estimates that the proposed development would generate an additional 3 vehicle trips in the AM and PM peak period compared to the existing traffic generation of the site.

The report concludes that the traffic generated by the development:

· Is very low, consistent with R2 zoning and will have minimal impact on existing traffic flows, intersection capacities or neighbourhood amenity.

· Will be readily able to enter and leave the site without delay.

· Will not present any unsatisfactory traffic safety or capacity issues on the surrounding road network.

It is generally considered that the future dwellings on the proposed lots would be used for residential use and would result in a minor increase in traffic generation on local roads and is consistent with the residential context in the locality.

Council concurs with the findings of the traffic and parking assessment report that the proposed subdivision would not result in unreasonable traffic impacts to the local road networks and is considered acceptable.

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, commercial centre, 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”.

4.1 Flooding

Submissions have been received stating that the development is not appropriate as the site is flood prone.

The application incudes a flood assessment report prepared by Ibrahim Stormwater consultants dated July 2025 which assesses the overland flow path that burdens the subject site.

The flood report has modelled the overland flow path and determined that the flooding is contained within the open stormwater channel. This modelling provided several models for a conservative approach that includes a 50% blockage of the stormwater channel would still contain the overland flow entirely within the stormwater channel.

The 1 in 100-year flood event (1% flood) is modelled as having an RL of 77.11. The top of the bank of the open stormwater channel has an RL of between RL 78.13 to RL 78.53 which is above the 1% flood event and therefore the overland flow path would be contained entirely within the stormwater channel.

The report identifies that each proposed lot would be required to have an on-site detention system (OSD) for the future dwelling house with a 5 cubic metre storage capacity and a discharge rate of 8L/s to the open stormwater channel. It is noted that a rainwater tank would also be required for each future dwelling house. The requirement for OSD on each proposed lot is reflected in the conditions of consent requiring a positive covenant on each lot.

This would ensure that the water captured by the future dwelling houses are discharged at a controlled rate into the stormwater channel as opposed to the existing conditions of uncontrolled discharge of surface water into the stormwater channel. This is considered a better engineering outcome as it would improve the flooding within the locality by controlling and limiting the discharge rates into the stormwater channel. The use of OSD would also ensure that the development does not impact the downstream properties of the overland flow path.

To ensure the future dwelling houses are above the 1% flood, the report recommends that the finished floor levels of habitable rooms be 0.5m above the 1% flood and non-habitable rooms (garages etc) be 0.3m above the 1% flood event.

The report recommends that the future dwelling houses on proposed Lots 21 and 22 have a minimum floor level of habitable room of RL 77.61 (0.5m above the 1% flood event of RL 77.11).

The existing ground level of proposed Lot 21 within the indicative building envelope is between RL 78.64 and RL 79.43 and therefore can comply with this requirement without the need to elevate the future dwelling house above the existing ground level.

The existing ground level of proposed Lot 22 within the indicative building envelope is between RL 78.59 and RL 78.70 (existing slab of dwelling house to be demolished) and therefore can comply with this requirement without the need to elevate the future dwelling house above the existing ground level.

It is noted that the site also contains an isolated overland flow path to the west which transects No. 19A and 21 Day Road. The report identifies that the overland flow path would have a flow rate of 0.3 cubic metres per second which leads to a sheet flow depth of 61mm by the time the flow path transects the proposed driveway.

The flood report identified that the flood depth of this overland flow path would be contained within the proposed driveway and a condition of consent is recommended that the driveway contain kerb and gutter on the north-eastern side to capture and redirect the overland flow to the open stormwater channel.

A condition is also recommended requiring a positive covenant on Lots 22 and 23 ensuring the internal driveway contains a 300mm crest above the finished level of the driveway to ensure any surface water of the driveway is not directed into the subject lots and directed to the open stormwater channel.

The overland flow would be directed into the stormwater system of the driveway and discharged into the open stormwater channel.

The pre and post modelling of the flood report identifies that the addition of the western overland flow would have negligible impacts to the overland flow path contained within the open stormwater channel as it would still be contained within the channel.

The cumulative impacts of the proposed subdivision and redirection of the isolated overland flow path to the west into the stormwater channel would result in negligible cumulative impacts to the open stormwater channel and would not impact the post development or impact downstream properties. The addition of the required OSD for each proposed lot would also improve the discharge rate into the open stormwater channel as opposed to the existing condition of uncontrolled discharge.

Therefore, as outlined above the development would not impact the overland flow path that burdens the subject site and the indicative building envelopes would be clear of the flow path as the 1% flood event would be entirely contained within the existing stormwater channel.

Council’s Engineering assessment is satisfied that the development has addressed the requirements for flood planning under section 5.21(2) and (3) of the HLEP 2013 and would not adversely impact on buildings, property or risk to life.

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 14 January 2025 and 4 February 2025 and renotified between 17 April 2025 and 6 May 2025 in accordance with the Hornsby Community Engagement Plan. During these periods, Council received a total of 15 submissions. The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

A map of a neighborhood

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NOTIFICATION PLAN

• PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

7 SUBMISSIONS RECEIVED OUT OF MAP RANGE

Fifteen submissions from ten objectors were submitted objecting to the development, generally on the grounds that the development would result in:

· Loss of trees

· Inadequate stormwater management

· Increased noise and traffic

· Overdevelopment of the site

· Privacy concerns from future dwelling houses

· Previous clearing of the site

· Development on Flood Prone Land and impact to downstream properties

· No useable private open space for proposed Lot 21

· Irregular building envelope for Lot 21 results in a front setback of 6.5m.

· The development should be referred to Office of Water due to the Watercourse

· Proposed Lot 24 has steep topography, and any future dwelling house would be challenging to construct without impacting neighbouring properties or requiring deep excavation.

· Notification of application insufficient

· Access to Lot 21 should be via Right of Way

· Sewer infrastructure insufficient

· Increased light pollution from headlights in the proposed driveway.

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 Previous clearing of the site

Submissions have been received raising concern to the previous clearing of the site.

As discussed in section 3.1.1 two previous tree applications have been granted by Council as follows:

· TA/373/2022: Approval to remove any Ligustrum lucidum (Large leaf Privet), Cinnamomum camphora (Camphor Laurel), Bambusa sp. (Bamboo) and any dead trees on the property.

· TA/864/2022 - Approval to remove of Eucalyptus piperita (Sydney Peppermint) and required the replacement planting of 2 trees. The applicant provided confirmation that 3x Grey Ironbark trees had been planted on the site.

It is also noted that Council previously investigated the site within SR 195809 for works occurring to the stormwater channel.

Council concluded that the works could be characterised as environmental protection works, which are permissible without consent under the HLEP, and no further action was taken.

Therefore, the previous works on the site has been taken in a lawful manner and do not impact the assessment of this application.

5.1.2 Application should have been referred to Office of Water

A submission was received stating that the application should have been referred to NSW Water as the site contains a watercourse.

In response to this submission, it is noted that the open stormwater channel is not a mapped watercourse in accordance with NSW Water’s Hydro Line spatial data and therefore concurrence from NSW Water is not required.

It is acknowledged that some of the documentation submitted incorrectly refer to this open stormwater channel as a watercourse.

5.1.3 Overdevelopment of the site

Submissions have been received stating that this is an overdevelopment of the site.

In response to these submissions, as detailed in the body of this report, the proposed lots meet the minimum lot size development standard, generally comply with Council’s DCP controls including flooding and driveway access and retain existing trees at the front of the site.

It is noted that submissions stated that Lots 22, 23 and 24 should be amalgamated into two lots instead of three lots. However, there is no justifiable planning reason to require this as the development generally meets Council’s development controls for subdivision.

5.1.4 Increased noise and traffic

Submissions have been received that the development would increase noise and traffic in the local area.

In response to this submission, it is noted that increased noise may be associates with the subdivision works, however a condition of consent is required for a construction management plan be submitted for Council’s approval prior to the commencement of any works. This CMP would address the impacts of noise to adjoining properties during construction works and also address the issue of traffic movements from construction and earthwork vehicles.

It is generally considered that once constructed, the noise and traffic generated from the subdivided lots would be consistent with the residential use of the surrounding properties and in the locality being battle-axe residential lots.

5.1.5 The engineering plans do not address arborist recommendations

Submissions have been received stating that the engineering plans do not address the Arborist Report recommendations to protect trees.

In response to these submissions, Council’s Tree Management Team have assessed the application and recommended sensitive tree construction methods for the driveway.

Therefore, these designs would be required to be incorporated into the construction drawings for the future Subdivision Works Certificate application and are not required to be submitted for this DA.

5.1.6 Overdevelopment of site in bushfire prone land

Submissions have been received raising concern to additional dwellings in bushfire prone land.

In response to this submission, it is noted that the site is not mapped as bushfire prone, and no further assessment is required.

5.1.7 The flood modelling does not assess PMF

Submissions have been received stating that the flood report must address the Probable Maximum Flooding (PMF) flood impacts to the proposed development.

In response to these submissions, it is noted that Council’s HDCP only requires developments to assess the 1% flood event impacts. Assessment of PMF only applies to Low and Mid-rise development under the Housing SEPP in the Hawkesbury-Nepean catchment.

In addition, the HLEP does not require developments to assess the PMF Level.

Therefore, the development has been assessed against the relevant controls and requirements of the HLEP and HDCP and no further assessment against the PMF mapping is required.

5.1.8 Access to adjoining property

Submissions have been received raising concern that access to the adjoining property No. 19 Day Road which utilises the existing driveway would be impacted during construction.

In response to this condition, it is noted that access to No. 19 Day Road may be impeded during the construction of the driveway noting the existing driveway has to be demolished and replaced.

However, a Construction Management Plan (CMP) condition has been imposed which requires approval from Council prior to any works commencing. This CMP would be required to address the access impacts to the adjoining property.

Furthermore, a condition is recommended ensuring that the driveway levels match the internal driveway levels of No. 19 Day Road to ensure that No. 19 Day Road can use the driveway once constructed as they are benefitted by the Right of Access.

5.1.9 Heat island effect

Submissions have been received which raised concerns that the increased density of dwellings on the site would create a heat island effect.

In response to this submission, it is noted that any future dwelling house would be required to comply with the building sustainability requirements set out in State Environmental Planning Policy (Sustainable Buildings) 2022 and existing mature trees have been retained where practicable. Furthermore, Council requires the replacement planting of one canopy tree on each proposed Lot.

5.1.10 Privacy concerns from future dwelling house

Submissions have been received raising concern to the privacy impacts of the future dwelling house.

In response to these submissions, it is noted that the applicant has provided indicative architectural plans to support the application. No dwelling houses are proposed under this application.

The environmental and amenity impacts of any future dwelling house would be assessed when a future DA is lodged for a dwelling house on each lot.

It is noted that the indicative building envelopes generally comply with the setback requirements, and it is generally considered that a dwelling house can be designed on each proposed lots that comply with privacy requirements.

5.1.11 Notification of Application

Submissions have been received raising concerns to the notification of the application.

In response to these submissions, it is noted that the development was notified to adjoining properties as shown on the map in Section 5.1 of this report.

The application was notified to adjoining and nearby landowners between 14 January 2025 and 4 February 2025 and renotified between 17 April 2025 and 6 May 2025 in accordance with the Hornsby Community Engagement Plan. Council received photo evidence that the notification sign was erected during these notification periods.

Therefore, the application has been notified in accordance with the requirements Hornsby Community Engagement Plan and the Environmental Planning and Assessment Act 1979.

5.1.12 The potential for landslip on proposed Lot 24

Submissions have been received stating that the proposed Lot 24 is inadequate due to the slope of the land.

In response to these submissions, it is noted that the HDCP does not preclude construction on land with a slope of more than 20%. It only requires further geotechnical assessment to ensure that the dwelling house would be constructed in a suitable and stable manner.

It is further noted that many dwelling houses within the Shire have been constructed on land greater than 20% slope and can be designed to ensure negligible amenity impacts to adjoining properties.

The design of any future dwelling house on proposed Lot 24 would be subject to further assessment and a future Geotechnical Report as required by the HDCP.

5.1.13 Cumulative impacts of development within Day Road

Submissions have been received which raised concern to the cumulative impacts of development occurring within Day Road particularly the subject site and the recently approved subdivision at No. 34 Day Road.

In response to this submission, a condition is recommended requiring a Construction Management Plan be submitted for approval by Council prior to any works commencing on site. This CMP will detail truck movement and trips, sediment and erosion control measures, noise mitigation measures and traffic and parking measures to minimise impacts to the local road networks and nearby residents.

5.1.14 Constructing a dwelling house platform over existing swimming pool

A submission was received which raised concern to the proposed building envelope for Lot 23 over an existing swimming pool to be demolished.

The concerns raised included that the demolition of the swimming pool may create unstable land for the construction of the future dwelling house.

In response to this submission, a condition is recommended in Schedule 1 of this report requiring a Geotechnical Engineer to certify that the imported fill has been compacted to an acceptable level to support a future dwelling house.

5.1.15 Impact to existing culvert pipe under driveway

Submissions raised concern that the existing culvert pipe under the driveway would be impacted by the heavy construction vehicles entering and exiting the site.

In response to this submission, it is noted that drawing No. C202 revision AB Stormwater Channel Plan prepared by Chrisp Consulting proposes to reinforce the driveway approximately 5m either side of the existing culvert.

This reinforcement involves double pavement thickness which is considered acceptable. Appropriate conditions are recommended in Schedule 1 of this report to ensure this is provided.

5.1.16 Sewer Infrastructure Insufficient

Submissions have been received raising concern to the insufficient sewer infrastructure in the locality and the indicative building envelopes being located over existing sewer lines.

In response to these concerns, it is noted a condition is recommended in Schedule 1 of this report requiring the applicant to obtain a Section 73 Certificate from Sydney Water prior to the issue of the subdivision certificate.

A Section 73 certificate allows Sydney Water to determine the availability of water and wastewater services, which may require extensions, adjustments, or connections to their mains.

A similar condition would be imposed with any future dwelling house to ensure Sydney Water can determine if any upgrades or protections of the sewer mains is required during the construction of the future dwelling houses.

5.1.17 Increased light pollution from driveway

Submissions have been received raising concern to the increase light pollution and glare from the proposed driveway.

In response to this submission, it is noted that the proposed driveway would be replacing an existing driveway in a similar location that services No. 19A Day Road.

It is generally considered that any light pollution from the proposed driveway would be minimal and would be mitigated by the existing well established screen planting at the rear of the site and a boundary fence.

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 the demolition of structures and Torrens title subdivision of one lot into four.

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 15 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:

· Subject to the recommended conditions, the consent authority is satisfied that the proposed development adequately addresses the requirements of flood planning pursuant to Clause 5.21 (2) and (3) of the Hornsby Local Environmental Plan 2013.

· 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 amenity or privacy.

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.	Proposed Plan of Subdivision
2.	Preliminary Engineering Drawings
3.	Flood Report

File Reference: DA/1407/2024

Document Number: D09168260

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

Job No.	Plan No.	Plan Title	Drawn by	Dated	Council Reference
230703	Issue 4	Plan of Proposed Subdivision	Mitchell Keith Ayres	9/04/2025
21071	C101 rev. AB	General Notes and Specifications	Crisp Consulting	11/04/2025
21071	C110 rev. AB	Demolition plan	Crisp Consulting	11/04/2025
21071	C150 rev. AB	Civil Works Plan Overview	Crisp Consulting	11/04/2025
21071	C151 rev. AB	Civil Works Plan - Sheet 01 of 02	Crisp Consulting	11/04/2025
21071	C152 rev. AB	Civil Works Plan - Sheet 02 of 02	Crisp Consulting	11/04/2025
21071	C153 rev. AB	Civil Grading Plan - Sheet 01 of 02	Crisp Consulting	11/04/2025
21071	C154 rev. AB	Civil Grading Plan - Sheet 02 of 02	Crisp Consulting	11/04/2025
21071	C160 rev. AB	Bulk Earthworks Plan	Crisp Consulting	11/04/2025
21071	C201 rev. AB	Stormwater Management Plan	Crisp Consulting	11/04/2025
21071	C202 rev. AB	Stormwater Channel Plan	Crisp Consulting	11/04/2025
21071	C205 rev. AB	Driveway long Section	Crisp Consulting	11/04/2025
21071	C206 rev. AB	Driveway Cross Sections Sheet 01 of 02	Crisp Consulting	11/04/2025
21071	C207 rev. AB	Driveway Cross Sections Sheet 02 of 02	Crisp Consulting	11/04/2025
21071	C220 rev. AB	Pavement Plan	Crisp Consulting	11/04/2025
21071	C225 rev. AB	Vehicle Crossing Setout Plan	Crisp Consulting	11/04/2025
21071	C310 rev. AB	Sediment & Erosion Control Plan & Details	Crisp Consulting	11/04/2025

Supporting Documentation

Document Title	Prepared by	Dated	Council Reference
Hydraulic Assessment	Ibrahim Stormwater Consultants	July 2025	D09176696
Traffic & Parking Impact Assessment Rev C	Traffic & Safety Solutions Pty Ltd	06/04/2025	D09108514
Arboricultural Impact Assessment Ref: MFdaychel21221	Bellevue Tree Consultants	20/12/2022	D09032151
Arborist letter for front turning area for Lot 21	Bellevue Tree Consultants	26/03/2025	D09099828
Waste Management Plan	Wal Bodrow	12/12/2024	D09032200
Survey Plans	Digital Survey Solutions Utility Mapping	15/11/2022	D09032182
Heritage Impact Assessment Rev B	Key Urban Planning	26/07/2024	D09032163
Geotechnical Assessment Ref: AG 24536	Ascentgeo Geotechnical Consultants	10/12/2024	D09032162

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

2. Amendment of Plans

1. To comply with Councils requirement in terms of driveway access, the approved plan No. C220 rev. AB Pavement Plan prepared by Crisp Consulting, dated 11 April 2025 is to be amended as follows:

a) A minimum of 3 metres carriageway is required in both directions between Ch 0 - 15.

b) A minimum of 5.5 metres carriageway is required between Ch 35 - 50.

2. The above changes must be reflected within all approved plans to ensure consistency.

3. 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.

3. 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.

4. Construction Certificate

1. A Subdivision Works Certificate is required to be approved by Council or a Principal Certifier prior to the commencement of any subdivision works under this consent.

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

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

5. Section 7.11 Development Contributions

1. In accordance with Section 4.17(1) of the Environmental Planning and Assessment Act 1979 and the Hornsby Shire Council Section 7.11 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	$4,369.75
Open Space and Recreation	$34,241.85
Community Facilities	$21,089.85
Plan Preparation and Administration	$298.55
TOTAL	$60,000

being for three additional Lots in lieu of the existing allotment.

2. The value of this contribution is current as at 29 July 2025. 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.

3. The monetary contribution must be paid to Council:

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

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

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

d) 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 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: 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.

Note: To arrange a Payment Advice for the monetary contributions, please contact Council’s Customer Service Team on 9847 6666.

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

6. Housing Contribution

1. The housing and productivity contribution (HPC) set out in the table below, but as adjusted in accordance with condition 5.2, is required to be made:

Housing and productivity contribution	Amount
Total housing and productivity contribution	$38,819.41

2. The amount payable at the time of payment is the amount shown in condition 6.1 as the total housing and productivity contribution adjusted by multiplying it by:

Highest PPI number

Consent PPI number

where:

highest PPI number is the highest PPI number for a quarter following the June quarter 2023and up to and including the 2nd last quarter before the quarter in which the payment is made, and

consent PPI number is the PPI number last used to adjust HPC rates when consent was granted, and

June quarter 2023 and PPI have the meanings given in clause 22 (4) of the Environmental Planning and Assessment (Housing and Productivity Contribution) Order 2023.

If the amount adjusted in accordance with this condition is less than the amount at the time consent is granted, the higher amount must be paid instead.

3. The HPC must be paid before the issue first construction certificate in relation to the development, or before the commencement of any work authorised by this consent (if no construction certificate is required). However, if development is any of the kinds set out in the table below, the total housing and productivity contribution must be paid as set out in the table:

Development

Time by which HPC must be paid

Development consisting only of residential

subdivision within the meaning of the HPC

Order

Before the issue of the first subdivision

certificate

High-density residential development within

the meaning of the HPC Order for which no

construction certificate is required

Before the issue of the first strata

certificate

Development that consists only of residential

strata subdivision (within the meaning of the

HPC Order) or only of residential strata

subdivision and a change of use of an existing

building

Before the issue of the first strata

certificate

Manufactured home estate for which no

construction certificate is required

Before the installation of the first

manufactured home

In the Table, HPC Order means the Environmental Planning and Assessment (Housing and Productivity Contribution) Order 2023.

4. The HPC must be paid using the NSW planning portal (https://pp.planningportal.nsw.gov.au/).

5. If the Minister administering the Environmental Planning and Assessment Act 1979 agrees, the HPC (apart from any transport project component) may be made, instead of as a monetary contribution, in the following ways:

a) The dedication or provision of land for the purpose of regional infrastructure in the region in which the development will be carried out,

b) The carrying out of works for the purpose of regional infrastructure in the region in which the HPC development will be carried out.

If the HPC is made partly as a monetary contribution, the amount of the part payable is the amount of the part adjusted in accordance with condition 6.2 at the time of payment.

Despite condition 6.1., a housing and productivity contribution is not required to be made to the extent that a planning agreement excludes the application of Subdivision 4 of Division 7.1 of the Environmental Planning and Assessment Act 1979 to the development, or the Environmental Planning and Assessment (Housing and Productivity Contribution) Order 2023 exempts the development from the contribution. The amount of the contribution may also be reduced under the order, including if payment is made before 1 July 2025.

SUBDIVISION WORK

BEFORE ISSUE OF A SUBDIVISION WORKS CERTIFICATE

Condition

7. Utility Services

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

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

2. NBN - a letter of consent demonstrating that satisfactory arrangements have been made to service the proposed development.

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

8. Identification of Survey Marks

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

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

9. Stormwater Drainage

The stormwater drainage system for the development must be designed in accordance with AUS-SPEC Specifications (www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-conditions) and the following requirements:

1. Connected to an existing Council open channel with the following requirements:

a) A separate Application must be made to Council for ‘Approval to Connect Stormwater Drainage Outlet to Council’s System’ with all fees paid, prior to connecting to Council’s drainage system.

b) The connection to Council’s drainage pit or pipeline in accordance with Councils Design Standard Drawing No. 6 must be inspected by a Council Engineer from Council’s Planning Division.

Note: An inspection booking can be made by calling Council on 9847 6760 quoting the Application reference number commencing SD

c) New Class C 900x450mm grated inlet pit and 1.8m lintel to be constructed between Ch 30 - 34 with slotted kerb positioned at sag point Ch 35 acting as a weir.

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

10. Internal Driveway/Vehicular Areas

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

1. Design levels at the front boundary be obtained from Council.

2. The driveway be a rigid pavement.

3. The driveway grade must not exceed 25 percent and changes in grade must not exceed 12 percent.

4. The driveway pavement be a minimum 3 metres wide, 0.15 metres thick reinforced concrete with F72 steel reinforcing fabric and a 0.15 metre sub-base.

5. Construct thicken pavement with 200mm 2x SL82 (Ch 30 - 40) over the existing 1200mm reinforced concrete pipe.

6. The pavement must have a kerb to one side and a one-way cross fall with a minimum gradient of 2 percent and a lintel and pit provided at the low point.

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

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

9. Finished levels of the driveway must match into the existing pavement of Lot 62 DP 517168 and Lot 1 DP 1298219.

10. Planting of landscaping strips 0.5 metres wide (Ch 80 - 110) & 1 metres wide (Ch 5 - 30, Ch 40 - 80) along one side of the length of the driveway.

11. Conduit for utility services including electricity, water, gas, and telephone be provided. All existing overhead assets including electricity and telecommunications cabling shall be relocated underground at no cost to Council. A certificate from an appropriately licensed contractor shall be submitted to the Principal Certifier certifying that the service conduits have been installed in accordance with the relevant utility provider and Australian Standards.

12. A common turning area over Lot 24 to service the proposed subdivision in accordance with Australian Standards AS2890.1 to ensure vehicles can enter and leave the site in a forward direction. A right of access shall be created over the turning area to ensure access is maintained at all times.

13. Longitudinal sections along the access driveway shall be submitted to the Principal Certifier in accordance with the relevant sections of AS 2890.1. The maximum grade shall not exceed 1 in 4 (25%) with the maximum changes of grade of 1 in 8 (12.5%) for summit grades and 1 in 6.7 (15%) for sag grades. Any transition grades shall have a minimum length of 2 metres. The longitudinal sections shall incorporate the design levels obtained by Council.

14. The passing bays at Ch 0 - 15, 35 – 50 and 60 - 75 shall have minimum width of 5.5 metres, depth of 6 metres and transition of 4 metres.

Reason: To provide safe vehicle and pedestrian access.

11. Structural Design

All structural details must be designed by a Chartered Structural Engineer of the Institution of Engineers Australia with structural details to be submitted with the application of the Subdivision Works Certificate.

Reason: To ensure compliance with structural details required.

12. Retaining Walls

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

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

13. Road Opening Permit

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

Note: The Road Opening Permit must be applied for via Council’s Online Services Portal at: https://www.hornsby.nsw.gov.au/property/build/apply-for-a-permit/road-openings

Reason: To ensure public infrastructure and property is maintained.

14. Appointment of a Project Geotechnical Engineer

An appropriately qualified Geotechnical Engineer shall be appointed to ensure that the stability of the land and any remedial works to the existing boulders are undertaken generally in accordance with the recommendations outlined in Geotechnical Assessment Ref. AG 24536 prepared by Ascentgeo Geotechnical Consulting dated 10 December 2024.

Reason: to ensure the stability of the site.

15. Construction Management Plan

A Construction Management Plan (CMP) must be prepared by a suitably qualified consultant in consultation with a qualified traffic engineer and approved by Council’s Compliance Team via Council’s Online Services Portal prior to issue of a Construction Certificate and before commencement of any works.

The CMP assists with the protection of the public, the environment, and Council’s assets during all stages of construction works and must include the following:

1. Description of the Works

a) A general description of the scope of works.

b) Details of the extent of earthworks including quantities of excavated and imported material to be transported to and from the site.

c) Details of any staging of works.

2. Construction Traffic and Management

a) The anticipated number and frequency of truck movements per day over the duration of the project (i.e. throughout demolition, earthworks, and construction phases) for fill importation and exportation. The number of trucks should correlate to the volume of fill material to be imported to/exported from the site.

b) The vehicle traffic routes to and from the site, including any queuing locations. The vehicle routes should be identified on a plan attached to the CMP.

c) Size and types of construction vehicles to be used for importation and exportation of fill throughout the stages of works.

d) Swept path analysis for ingress and egress of the site for all stages of works.

e) Any required road closures/openings, work zones, crane permits, road occupancy licences and traffic control.

f) Management measures to be implemented to minimise disruption to, and maintain the safety, of all road users.

3. Pedestrian Management

a) Potential impacts on pedestrian movements. This includes consideration of locations or times where footpaths are heavily trafficked (e.g. school arrival and departure; commuter peaks).

b) Management measures to be implemented to minimise disruptions to pedestrians and maintain safety.

4. Car Parking

a) Impacts on on-street parking (e.g. use of work zones, construction access implications).

b) Details of construction worker parking. Where limited car parking is available on site or nearby, details of alternative transport arrangements must be provided.

5. Tree Management and Protection

a) Trees to be removed and retained on site consistent with the conditions of this consent, including tree protection measures in accordance with the approved Arboricultural Impact Assessment.

6. Stormwater Management

a) Details of stormwater management and disposal during excavation and construction, consistent with other lodged Plans.

b) Identification of existing drainage channels.

c) Sediment and erosion control measures to be implemented in accordance with the publication, Managing Urban Stormwater: Soils and Construction - Volume 1 (4^th Edition) (Landcom, 2004).

7. Noise and Vibration

a) Details of mitigation measures to minimise noise and vibration impacts during rock breaking and/or rock sawing.

8. Site Plan

a) A site plan which identifies the following information at each stage of the development:

i. Existing and proposed buildings.

ii. Site boundaries.

iii. Extent of proposed earthworks (i.e. excavation and fill importation locations, and cut and fill locations).

iv. Existing trees and vegetation to be removed and retained and tree protection measures (consistent with the approved Arboricultural Impact Assessment and conditions of consent).

v. Vehicle access and egress.

vi. On-site vehicle parking areas.

vii. Proposed hard-stand areas for loading and unloading materials, including the location of cranes and concrete pumps.

viii. Location of material storage on-site, stockpiles, site sheds, hoardings, waste storage.

ix. Location of sediment control measures.

The CMP must detail all responsible parties ensuring compliance with the document and include the contact information for developers, builder, Principal Certifier, and any emergency details during and outside work hours.

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

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

16. Appointment of a Project Arborist

1. 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.

2. 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.

BEFORE SUBDIVISION WORK COMMENCES

Condition

17. 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).

18. 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.

19. 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

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.

20. Garbage Receptacle

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

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

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

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

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

21. Protection of Adjoining Areas

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

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

b) Could cause damage to adjoining lands by falling objects; and/or

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

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

2. Council’s separate written approval is required prior to the erection of any temporary hoarding, fence or awning on or over public land. The erection of a hoarding must be applied for via Council’s Online Services Portal together with details showing the location and type of hoarding.

Note: The Hoarding/ Temporary Fencing application must be lodged via Council’s Online Services Portal at:

https://hornsbyprd-pwy-epw.cloud.infor.com/ePathway/Production/Web/Default.aspx and by selecting the following menu options: My Applications > New Applications > Under ‘Application Types’: Hoarding/ Temporary Fencing Applications.

3. Where any part of the road or footpath is required to be occupied or closed during any stage of works, including demolition, excavation, construction or remediation, a temporary full / partial road or footpath closure permit must be approved by Council. The permit must be applied for via Council’s Online Services Portal.

Note: A Temporary Road/ Footpath Closure application must be lodged via Council’s Online Services Portal at:

https://hornsbyprd-pwy-epw.cloud.infor.com/ePathway/Production/Web/Default.aspx and by selecting the following menu options: Under ‘Roads, Traffic and Parking’: Temporary Full/ Partial Road Closure.

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

22. 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.

23. 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:

1. The publication Managing Urban Stormwater: Soils and Construction 2004 (4th edition) - ‘The Blue Book’.

2. Protection of the Environment Operations Act 1997; and

3. 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.

24. Installation of Tree Protection Measures

1. Trees to be retained as identified on the Tree Location Plan in Appendix G of the Arboricultural Impact Assessment Ref: MFdaychel21221 prepared by Bellevue Tree Consultancy dated 20 December 2022 must have tree protection measures for the ground, trunk and canopy installed by the project arborist as follows:

a) For the duration of demolition and construction works, in accordance with the Tree Protection Plan in Appendix G2 of the Arboricultural Impact Assessment Ref: MFdaychel21221 prepared by Bellevue Tree Consultancy dated 20 December 2022.

2. Tree protection fencing for the trees to be retained must be installed or maintained by the engaged AQF 5 project arborist and consist of 1.8 metre high temporary fencing panels installed in accordance with Australian Standard AS4687-2007 Temporary fencing and hoardings.

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

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

5. Tree protection fencing must be provided to the 6x Eucalyptus robusta (Swamp Mahogany) trees that have been planted along the rear boundary of proposed Lot 24 to ensure they are protected and retained.

Reason: To protect trees during construction.

DURING SUBDIVISION WORK

Condition

25. 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.

26. Removal of Trees

1. This development consent permits the removal of six trees numbered 9, 13, 22, 23, 24, 25 as identified on the Tree Location Plan in Appendix G of in the Arboricultural Impact Assessment Ref: MFdaychel21221 prepared by Bellevue Tree Consultancy dated 20 December 2022.

2. No consent is granted for the removal of trees numbered 1-9, 10,11,12, 14-21 and 26-33 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 1.2.6 Tree and Vegetation Preservation of the Hornsby Development Control Plan 2024.

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

27. 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.

28. 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.

29. 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.

30. Street Sweeping

1. During works (including remediation, demolition, earthworks and construction) and until exposed ground surfaces across the site have been stabilised, street sweeping must be undertaken following sediment tracking from the site.

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

Note: The above Item does not permit for sediment and/or any other materials/substances to exit the site in a way that constitutes water pollution as defined in the Protection of the Environment Operations Act 1997 or in a manner that contravenes other conditions in this consent.

Reason: To minimise impacts to the natural environment.

31. Soil Management (Excavation and Fill)

While site work is being carried out, the Principal Certifier or Council (where a principal certifier is not required) must be satisfied all soil removed from or imported to the site is managed in accordance with the following requirements:

1. All excavated material removed from the site must be classified in accordance with the EPA’s Waste Classification Guidelines before it is disposed of at an approved waste management facility and the classification, and the volume of material removed must be reported to the Principal Certifier or Council (where a principal certifier is not required).

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

3. Prior to fill material being imported to the site, a Waste Classification Certificate shall be obtained from a suitably qualified environmental consultant confirming all fill material imported to the site must be:

a) Virgin Excavated Natural Material as defined in Schedule 1 of the Protection of the Environment Operations Act 1997, or

b) A material identified as being subject to a resource recovery exemption by the NSW EPA, or

c) A combination of Virgin Excavated Natural Material as defined in Schedule 1 of the Protection of the Environment Operations Act 1997 and a material identified as being subject to a resource recovery exemption by the NSW EPA.

4. A compaction certificate is to be obtained from a geotechnical engineer verifying that the specified compaction requirements have been met including the fill for the swimming pool to be demolished.

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

Reason: To ensure soil removed from the site is appropriately disposed of and soil imported to the site is not contaminated and is safe for future occupants.

32. Council Property

To ensure that the public reserve is kept in a clean, tidy, and safe condition during remediation, demolition, excavation and construction works:

1. No building materials, skip bins, concrete pumps, cranes, machinery, temporary traffic control, signs or vehicles associated with the development shall be stored or placed on Council's footpath, nature strip, roadway, park or reserve without the prior approval being issued by Council under section 138 of the Roads Act 1993.

2. All work, loading and unloading associated with the development are to occur entirely within the property boundaries, unless otherwise approved by Council under section 138 of the Roads Act 1993.

Reason: To protect public land.

33. Vehicle Crossing

A separate application under the Local Government Act 1993 and the Roads Act 1993 must be submitted to Council for the installation of a new vehicular crossing. The vehicular crossing must be constructed in accordance with AUS-SPEC Specifications (www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-conditions).

Note: An application for a vehicular crossing can only be made to one of Council’s Authorised Vehicular Crossing Contractors. You are advised to contact Council on 02 9847 6940 to obtain a list of contractors.

Reason: To provide safe vehicle and pedestrian access.

34. 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.

35. Maintenance of Public Footpaths

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

2. Where any part of the road or footpath is required to be occupied or closed during any stage of works, including demolition, excavation, construction or remediation, a temporary full / partial road or footpath closure permit must be approved by Council. The permit must be applied for via Council’s Online Services Portal.

3. Note: A Temporary Road/ Footpath Closure application must be lodged via Council’s Online Services Portal at:

https://hornsbyprd-pwy-epw.cloud.infor.com/ePathway/Production/Web/Default.aspx and by selecting the following menu options: Under ‘Roads, Traffic and Parking’: Temporary Full/ Partial Road Closure.

Reason: To maintain safe pedestrian movement.

36. Compliance with Construction Management Plan

The Council approved Construction Management Plan (CMP) must be complied with for the duration of works, unless otherwise approved by Council.

Reason: To ensure implementation of construction measures to protect the public and the surrounding environment.

37. Compliance with Geotechnical Requirements

The project Geotechnical Engineer must be on-site during the installation of footings and all other earthworks and ensure the development complies with the recommendations of the Geotechnical Assessment Ref. AG 24536 prepared by Ascentgeo Geotechnical Consulting dated 10 December 2024.

Reason: to ensure the stability of the site.

38. De-watering of Excavated Sites

1. Water that accumulates within an excavation must be removed and disposed of in a manner that does not result in the pollution of waters, nuisance to neighbouring properties, or damage to neighbouring land and/or property.

Reason: To document the safe removal of water during work to protect the public and the surrounding environment.

39. 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.

40. Storage and Removal of Waste

1. All demolition and/or construction waste must be stored in a waste receptacle and be removed from the site at frequent intervals. Materials are to be wholly contained within the waste receptacle and not overflowing.

2. All garbage and recyclable materials generated during work must be stored in a waste receptable and be removed from the site at frequent intervals. Materials are to be wholly contained within the waste receptacle and not overflowing.

Reason: To ensure the site is maintained to an appropriate standard cleanliness and prevent any nuisance or danger to health, safety or the environment.

41. 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:

1. Soil cutting or filling, including excavation and trenching.

2. Soil cultivation, disturbance, or compaction.

3. Stockpiling storage or mixing of materials.

4. The parking, storing, washing, and repairing of tools, equipment, and machinery.

5. The disposal of liquids and refuelling.

6. The disposal of building materials.

7. The siting of offices or sheds.

8. Any action leading to the impact on tree health or structure.

Reason: To protect trees during construction.

42. Maintaining the Health of Trees Approved for Retention

The appointed project arborist must monitor and record any and all necessary actions required to maintain tree health and condition for trees to be retained in accordance with eh conditions of this consent.

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

43. Maintaining Tree Protection Measures

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

Reason: To protect trees during construction.

44. Approved Works within Tree Protection Zone Incursions

1. 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:

a) Using sharp secateurs, pruners, handsaws, or chainsaws with the final cut being clean.

b) The maximum diameter of roots permitted to be cut is 40mm.

2. The new driveway must be constructed using the following process:

a) To minimise soil compaction the proposed driveway must be built on or above grade using sensitive construction techniques in the form of piers or screw pilings.

b) To minimise soil compaction all imported material in the vicinity of the replacement driveway must be distributed by hand.

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

4. To minimise impacts within the Tree Protection Zone (TPZ) of trees to be retained on the approved plans, the installation of services must be undertaken as follows:

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

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

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

Reason: To protect trees during construction.

45. Building Materials and Site Waste

The stockpiling of building materials, the parking of vehicles or plant, the disposal of cement slurry, wastewater 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.

46. 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.

BEFORE ISSUE OF A SUBDIVISION CERTIFICATE

Condition

47. Sydney Water - Section 73 Compliance Certificate

1. A compliance certificate must be obtained from Sydney Water, under Section 73 of the Sydney Water Act 1994. The Sydney Water assessment will determine the availability of water and wastewater services, which may require extensions, adjustments, or connections to their mains. Sydney Water recommends that an early application for the certificate be made, as there may be assets to be built and this can take some time.

2. A Section 73 Compliance Certificate must be obtained from Sydney Water and submitted to the Principal Certifier before an Occupation Certificate or Subdivision Certificate will be issued.

3. Applications can be made either directly to Sydney Water or through a Sydney Water accredited Water Servicing Coordinator.

Note: Go to the Sydney Water website or call 1300 082 746 to learn more about applying through an authorised WSC or Sydney Water.

Reason: To ensure the development complies with the requirements of Sydney Water.

48. Asbestos Clearance Certificate

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

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

49. Submission of Excavated Material Tipping Dockets to Principal Certifier

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

Reason: To confirm appropriate disposal of excavated material.

50. Landscaping of Site

All pervious areas of the site and the road reserve adjoining the site must be appropriately landscaped with suitable (preferably indigenous) turf, trees, and shrubs to complement the development and prevent erosion of soil.

Note: Advice on suitable species for landscaping can be obtained from Council’s planting guide ‘Indigenous Plants for the Bushland Shire’, available at www.hornsby.nsw.gov.au.

Reason: To enhance the environmental and visual qualities of the development.

51. Retaining Walls

All retaining walls must be constructed as part of the development and prior to the issue of an Occupation Certificate.

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

52. Replacement Tree Requirements

1. The six trees approved for removal under this consent, being trees numbered 9, 13, 22, 23, 24, 25 must be offset through replacement planting of a minimum of four trees.

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

3. The location and size of tree replacement planting must comply with the following:

a) One replacement tree must be provided on each Lot 21, 22, 23 and 24.

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

c) The pot size of the replacement trees must be a minimum 45 litres.

d) All replacement trees must be a minimum of 3 metres in height.

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

Reason: To ensure replacement planting to maintain tree canopy.

53. Final Certification

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

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

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

3. Dates, times, and reasons for all site attendance; and

4. All works undertaken to maintain the health of retained trees; and

5. The replacement plantings comply with the replacement tree requirements condition; and

6. 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.

54. Certification from Geotechnical Engineer

Prior to the issue of a subdivision certificate, a certificate by a qualified geotechnical engineer shall be submitted to the Principal Certifier, certifying that all works have been carried out in accordance with the recommendations in the Geotechnical Assessment Ref. AG 24536 prepared by Ascentgeo Geotechnical Consulting dated 10 December 2024.

Reason: to ensure the stability of the site.

55. 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.

56. Creation of Easements

The following matters must be nominated on the plan of subdivision under s88B of the Conveyancing Act 1919:

1. A right of access and easement for services over the access corridor.

2. An inter-allotment drainage easement(s) over each of the burdened Lots.

3. The creation of a ‘Positive Covenant’ over the proposed Lots 21-24 requiring that any future development is to provide an on-site detention system. The on-site detention system is to have a storage capacity of 5 cubic metres and a maximum discharge of 8 litres per second into Council’s drainage system in accordance with Council’s prescribed wording.

4. An easement for letterboxes shall be created over Lot 62 DP517168 benefiting Lot(s) 22-24 The 88b instrument shall be worded to reflect the obligations and responsibilities of the benefiting and burdening parties.

5. The creation of a positive covenant over Lots 22-23 requiring a crest behind the layback to be created 300mm higher than the common driveway kerb invert to contain flood water

6. The creation of a positive covenant over Lots 21-22 adjacent to the channel, requiring minimal finished floor level of any habitable room to be 77.61m AHD and the non-habitable room to be 77.41m AHD.

7. The creation of a “Positive Covenant” over the proposed Lots 21-23 requiring that any future development is to provide a turning area in accordance with the B85 vehicle turning template outlined in the Australian Standard AS 2890.1 to ensure vehicles can enter and leave the site in a forward direction.

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

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

57. Works as Executed Plan

A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to Council for completed road pavement, kerb & gutter, public drainage systems, driveways, and on-site detention system. The plan(s) must be accompanied by a certificate from a registered surveyor certifying that all pipelines and associated structures lie wholly within any relevant easements.

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

58. Subdivision Certificate Application

A Subdivision Certificate Application is required to be lodged with Council, which is to include a completed Subdivision Certificate form and checklist, a final plan of subdivision prepared in accordance with the requirements of the Conveyancing Act 1919 and the following information:

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

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

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

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

Note: The fee payable is to be in accordance with Council’s fees and charges.

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

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

Reason: Statutory requirement of the Conveyancing Act 1919.

59. Demolition of Structures

Any structure that traverses the proposed allotment boundary/ies shall be demolished prior to the release of the subdivision certificate.

Reason: To ensure structures are located within the property boundary.

60. Preservation of Survey Marks

A certificate by a Registered Surveyor must be submitted to the Principal Certifier, certifying that there has been no removal, damage, destruction, displacement or defacing of the existing survey marks in the vicinity of the proposed development or otherwise the re-establishment of damaged, removed, or displaced survey marks has been undertaken in accordance with the Surveyor General’s Direction No.11 Preservation of Survey Infrastructure.

Reason: To protect the State’s survey infrastructure.

61. House Numbering

The house numbering for this subdivision shall be:

Lot	Street Number	Street Name	Street Type	Locality
Lot 21	21	Day	Road	Cheltenham
Lot 22	21A	Day	Road	Cheltenham
Lot 23	21B	Day	Road	Cheltenham
Lot 24	21C	Day	Road	Cheltenham

Reason: To maintain property numbering in accordance with Australian Standards.

LPP Report No. LPP17/25

Local Planning Panel

Date of Meeting: 27/08/2025

2 FURTHER REPORT - DA/85/2025 - DEMOLITION OF STRUCTURES AND CONSTRUCTION OF A DWELLING HOUSE - 316 & 318 MALTON ROAD, NORTH EPPING

DA No:	DA/85/2025 - PAN-508643 (Lodged on 24 February 2025)
Description:	Demolition of structures and construction of a dwelling house
Property:	Lots 6A & 7, DP 27021 & 21101, Nos. 316 & 318 Malton Road, North Epping
Applicant:	Ms Breanna Light
Owner:	Justin Chad Hales & Breanna Kate Hales
Estimated Value:	$9,442,086
Ward:	C Ward
Clause 4.6 Request:	Clause 4.3 Height of Buildings
Submissions:	129
LPP Criteria:	10 or more unique submissions were received by way of objection
Author:	Sophie Valentine, Town Planner
COI Declaration:	No Council staff involved in the assessment of this application have declared a Conflict of Interest.

RECOMMENDATION

A. THAT the Hornsby Local Planning Panel, exercising the functions of Council as the consent authority, approve Development Application No. DA/85/2025 for demolition of structure and construction of a dwelling house at Lot 6A DP 27021 and Lot 7 DP 21101, Nos. 316 & 318 Malton Road, North Epping subject to the conditions of consent in Schedule 1 of LPP Report No. LPP17/25.

executive summary

· On 28 May 2025, DA/85/2025 was reported to the Hornsby Local Planning Panel (the Panel) for determination.

· The Panel deferred determination of the application to request the applicant to submit amended plans which include design changes to address privacy impacts, reduce the bulk and scale and reduce the height of the dwelling, in conjunction with additional supporting documentation for the proposed development.

· The proposal generally complies with the requirements of the Hornsby Local Environmental Plan 2013 and the Hornsby Development Control Plan 2024.

· A total of 129 unique 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 28 May 2024, DA/85/2025 was reported to the Hornsby Local Planning Panel (the Panel) for determination. At that meeting, the Panel made the following resolution:

The Panel resolved to defer the matter to request the Applicant to submit:

· Amended plans which include design changes to:

o Address privacy impacts along boundary with No. 320 Malton Road using highlight windows facing the northern boundary.

o Reduce the size and scale of the dwelling including increased setbacks to the north eastern boundary.

o Reduce the height of the dwelling to comply with the Height of Buildings Development Standard (if not achieved, amend the Clause 4.6 request to address the current requirements).

· A streetscape assessment.

· Certification of the submitted shadow diagrams or any amended shadow diagrams arising as a result of the design amendments above.

· Expand the SEE [Statement of Environmental Effects] to include potential uses of the dwelling house and frequency of operation.

application history

On 3 June 2025, additional information was requested by Council to address outstanding matters raised by the Panel inclusive of the following:

· Amended architectural plans set to address concerns raised by the Panel including privacy, setbacks, building height and size and scale.

· A streetscape assessment.

· Certification of shadow diagrams

· Addendum to the Statement of Environmental Effects to include detail regarding the use of the development and frequency of operation.

· Amended BASIX Certificate and any other associated supporting documentation as necessary.

· Adoption of amended plan recommendations including reduction of the front fence and entry feature/gate heights to be up to 1.2m along Malton Road, and deletion of the outdoor fire pit on the landscape plan

On 1 July 2025, the applicant submitted the following information in response to the request for information:

· Revised architectural plans, finishes schedule, streetscape analysis and shadow diagrams prepared by David White Architects, Issue F and G as follows:

o Reduction of the maximum building height from 8.82m to 8.495m above existing ground level.

o Reduction of the finished floor levels on each level by 250mm.

o Reduction of fencing proposed in the front setback area to be a maximum of 1.2m in height, and addition of a 1.2m high lapped and capped timber fence in the front setback area along the shared boundary line of No. 320 Malton Road.

o Incorporation of a new masonry privacy wall at the north-eastern elevation adjacent the dining room to a height of 2.2m above existing ground level.

o Demolition of all components of the carport, including the side posts and lattice.

o Deletion of the front bar in the entry foyer area on the ground floor.

o Addition of a streetscape assessment (DA-1202 Rev. A).

· Updated survey plan prepared by Hill & Blume dated 13.06.2025 to include detail of surrounding properties.

· Updated Landscape plan prepared by Selena Hannan Landscape Designer, Drawing No. LP01-C, Issue C and dated 17/06/2025.

· Potential Subdivision Analysis prepared by David White Architects, Issue B and dated 23/06/2025.

· Certification of Shadow Diagrams prepared by Neil Lunn (NSW Board of Architects Registered No. 12052) of Thomas Hamel & Associates and dated 27/06/2025.

The updated plans and supporting documentation respond to the deferral matters raised by the Panel to Councils satisfaction and is recommended for approval.

SITE

The site is comprised of two rectangular allotments legally described as Lot 6A DP 27021 (No. 316 Malton Road) and Lot 7 DP 21101 (No. 318 Malton Road).

The 2213m² site is located on the south-eastern corner of Malton Road and Eastcote Road and contains two single-storey dwelling houses, an in-ground swimming pool and four detached outbuildings.

The surrounding developments consist of low-density residential development, comprising of dwelling houses and semi-detached dwelling houses. The site is also in close vicinity to All Saints Anglican Church to the south-west.

The sites experience a 4m fall from the Malton Road frontage towards the rear south-eastern boundary and is not mapped as containing a gradient of at least 20 percent.

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

The site does not contain a heritage listed item, is not within a Heritage Conservation Area (HCA) nor is in the immediate vicinity to a heritage listed item.

The sites are not burdened by easements or restrictions.

The site is not mapped as containing endangered ecological communities nor significant native vegetation communities.

The sites are serviced by the reticulated sewer system of Sydney Water.

PROPOSAL

The application proposes demolition of structures and construction of a dwelling house as follows:

· Demolition of two dwelling houses, four detached outbuildings, an in-ground swimming pool and two vehicular crossovers.

· Construction of a dwelling house comprising a lower level, ground floor and upper level.

o The dwelling house ground floor would comprise an entry foyer, formal living, formal dining room, guest sitting area, guest bedrooms (each with own ensuite), guest WC, kitchen with scullery, laundry, family living, bathroom, playroom, alfresco and terrace.

o The first floor would contain four bedrooms, three ensuites, one bathroom, one water-closet and a study/sitting area.

o The lower floor would contain a two-car garage, storeroom, gym, multi-purpose room, bathroom and plant room.

· Exterior works comprise of internal driveways at the Malton Road and Eastcote Road frontage, retaining walls, water feature, privacy wall along the north-eastern elevation and various plantations.

A total of 26 trees are proposed to be removed to facilitate development. Two additional trees are proposed to be transplanted to the rear yard area.

ASSESSMENT

1. STRATEGIC CONTEXT

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

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

The identified challenge for Hornsby Shire will be to deliver 97,000 additional dwellings in the North District by 2036. The following Planning Priorities are considered relevant to the proposal:

· Planning Priority N5 - Providing housing supply, choice and affordability, with access to jobs, services and public transport.

· Planning Priority N6 - Creating and renewing great places and local centres and respecting the District’s heritage.

· Planning Priority N12 - Delivering integrated land use and transport planning and a 30-minute city.

In giving effect to A Metropolis of Three Cities, these Planning Priorities deliver on the below objective and the corresponding strategies:

· Objective 11 - Housing is more diverse and affordable.

The proposal would not be inconsistent with the objectives of these planning priorities and would be considered acceptable in the context of the Greater Sydney Region Plan - A Metropolis of Three Cities and North District Plan.

2. STATUTORY CONTROLS

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

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.

Submissions received raised concerns regarding compatibility of the development with zoning objectives.

In response, the proposed development is defined as dwelling house and is permissible in the R2 zone with Council’s consent. The proposal would meet the objectives of the zone by providing for the housing needs of the community within a low-density residential environment. The application is recommended to be supported on merit, with detailed assessment of compliance against relevant planning controls detailed in the body of the report.

2.1.2 Height of Buildings

Submissions were received regarding the proposed height of the development.

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. Whilst the previous proposal sought a maximum height of 8.82m which did not comply with this provision, the amended proposal would be a maximum height of 8.495m which complies with Clause 4.3 of the HLEP.

Therefore, a Clause 4.6 written request is no longer required to support the application as the current proposal does not contravene the development standard. This Clause 4.6 request is therefore superseded by the amended plans and associated supporting documentation.

Further discussion regarding 3 storey height of building is addressed in Section 2.6.1 of this report.

2.1.3 Floor Space Ratio

Submissions were received regarding Floor Space Ratio (FSR).

Clause 4.4 of the HLEP provides that the maximum FSR for any building is not to exceed the floor space ratio shown for the land on the FSR Map.

The site is not included in the FSR Map and is therefore not subject to these provisions. The site is however subject to a merit based assessment of floor area against the Hornsby Development Control Plan 2024 and is detailed in Section 2.6.1 of this report.

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 (HCA), nor is in the immediate vicinity to a heritage listed item.

Submissions were received concerning the demolition of the dwelling house at No. 316 Malton Road due to heritage contribution and given it has been recently renovated.

In response, neither allotment contains a heritage listed item, the site is not within or adjacent to a HCA nor in the vicinity to heritage listed items. Accordingly, a heritage assessment is not required in this instance and no concerns are raised on heritage grounds to the demolition of existing structures and the proposed development.

2.1.5 Earthworks

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

Councils’ consideration of Clause 6.2 of the HLEP is provided as follows:

(a) The likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development.

Comment: The application is supported by a Geotechnical Report Ref: 37196Zrpt prepared by JK Geotechnics dated 5 December 2024 and Stormwater Management Plan Issue C prepared by Hydracor Consulting Engineers dated 7 May 2025.

Subject to conditions, the proposed earthworks are unlikely to result in any detrimental effect on the drainage patterns or soil stability in the locality. It is considered that this would allow stormwater drainage at an acceptable grade to dispose of water to the street via on on-site detention and retention system to control stormwater disposal in extreme weather events. Conditions are imposed in the consent requiring construction in accordance with recommendations of the Geotechnical report and to manage stormwater as per the approved plans.

(b) The effect of the development on the likely future use or redevelopment of the land.

Comment: The earthworks would not likely restrict future use or redevelopment of the land. The works would be to accommodate the residential use of the site, which is unchanged from the existing use.

(c) The quality of the fill or the soil to be excavated, or both.

Comment: Conditions are recommended that all excavated material removed from the site must be classified by a suitably qualified person and disposed of at an approved waste management facility and that a construction management plan be provided prior to the issue of a construction certificate. Prior to fill material being imported to the site, a Waste Classification Certificate is required to be obtained from a suitably qualified environmental consultant confirming all fill material imported to the site must satisfy relevant criteria outlined in the consent.

(d) The effect of the development on the existing and likely amenity of adjoining properties.

Comment: The level of earthworks is unlikely to have an effect on the amenity of any adjoining property given it would largely be constrained to the building envelope, which is sited sufficiently back from adjoining properties, including greater separation from the downhill property. Impacts to properties adjacent each property boundary would be negligible.

(e) The source of any fill material and the destination of any excavated material.

Comment: Conditions are recommended that all excavated material removed from the site must be classified by a suitably qualified person and disposed of at an approved waste management facility. Prior to fill material being imported to the site, a Waste Classification Certificate is required to be obtained from a suitably qualified environmental consultant confirming all fill material imported to the site must satisfy relevant criteria outlined in the consent.

(f) The likelihood of disturbing relics.

Comment: Council records do not indicate that any relics are likely to occur on site.

(g) The proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area.

Comment: The site is not located in close proximity to any significant catchment or environmentally sensitive area.

(h) Any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

Comment: Conditions are recommended requiring sediment and erosion controls be in place prior to the commencement of any works and are to be managed appropriately on an ongoing basis during development works.

In summary, the proposal is regarded to be acceptable in consideration of Clause 6.2 of the HLEP.

Further assessment of earthworks against the HDCP controls is provided in Section 3.1.4 of this report.

2.2 State Environmental Planning Policy (Biodiversity and Conservation) 2021

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

2.2.1 Chapter 2 Vegetation in Non-Rural Areas

Chapter 2 of this policy aims to protect the biodiversity and amenity values of trees within non-rural areas of the state.

Section 3.3 of this report provides an assessment in accordance with Part 1.2.6.1 of the HDCP.

2.2.2 Chapter 6 Water Catchments

The site is located within the catchment of Sydney Harbour. The aim of this chapter is to ensure that the catchment, foreshores, waterways and islands of Sydney Harbour are recognised, protected, enhanced and maintained. This chapter provides general planning considerations and strategies to ensure that the catchment, foreshores, waterways and islands of Sydney Harbour are recognised, protected, enhanced and maintained.

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 (No. 1781659S_04) 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

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

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

2.6 Hornsby Development Control Plan 2024

HDCP - Part 3.1 Dwelling Houses
Control	Proposal	Requirement	Complies
Site Area	2213m² (combined)	N/A	N/A
Building Height	8.495m	8.5m	Yes
No. storeys	3	max. 2 + attic	No
Site Coverage	30%	30%	Yes
Floor Area	1186.2m²	430m²	No
Setbacks
- Primary Frontage (Malton Road)	13.3m	>7.6m	Yes
- Secondary Frontage (Eastcote Road)	3m	3m	Yes
- North-Eastern Side
1. Retaining wall	2.1m	900mm	Yes
2. Privacy wall	280mm	900mm	No
3. Ground floor	3m	900mm	Yes
4. First floor	3.2m	1.5m	Yes
- South-Eastern Rear
5. Retaining wall	1.8m	3m	No
6. Lower level	10.27m	3m	Yes
7. Ground floor	10.27m	8m	Yes
First floor	12.6m	8m	Yes
Landscaped Area (45% of lot size)	1028.3m²	996m²	Yes
Private Open Space
- minimum area	>24m²	24m²	Yes
- minimum dimension	>3m²	3m	Yes
Car Parking	2 spaces	2 spaces	Yes

As detailed in the above table, the proposed development generally complies with the prescriptive measures within the HDCP with the exception of number of storeys, floor area, the retaining wall rear setback and privacy wall side setback. A brief discussion on compliance with relevant performance requirements is provided below and Part 1.3 General Controls are addressed in Section 3 of the report.

2.6.1 Scale

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

The desired outcome is supported by the following prescriptive measures that state the following:

· “Sites with the following maximum building heights under Clause 4.3 of the HLEP should comply with the maximum number of storeys in Table 3.1.1-a” which prescribes a maximum building height of 8.5m.

· “The maximum floor area for a dwelling house and ancillary outbuildings should comply with Table 3.1.1-c” which prescribes a maximum floor area of 430m² applicable to the site.

Multiple submissions were received concerning bulk and scale impacts.

Following concerns raised by the proposal with respect to height, bulk and scale, amended plans were requested by Council and subsequently received that reduced the overall height, reduced the site coverage, increased setbacks to the adjoining property and street and reduced the total floor area.

With regards to the floor area non-compliance, the following is noted:

· The development site comprises two lots with a combined area of 2,213m² which is significantly larger than surrounding residential properties.

· The total floor area of the dwelling would be 1186.2m² which is considerably less than what would be permitted if the land were to be subdivided into four separate allotments and allows for an increased proportion of landscaping, being 45% instead of potentially 20%. In considering this, it is noted approval for Torrens title subdivision of No. 316 Malton Road has recently been granted by Council.

· No outbuildings are proposed as part of the application that would allow for an additional 100m² of floor area in accordance with Part 3.1.1 of the HDCP.

· The proposed dwelling house would have sufficient setbacks to all boundaries and the dwelling would be moderately screened from the street by existing and proposed plantings.

· The non-compliance in floor area would not result in unreasonable shadow impacts to adjoining properties which would continue to receive a minimum of 3 hours of unobstructed sunlight to their respective private open space areas in accordance with Part 3.1.4 of the HDCP.

· The dwelling would be of a scale that would not be out of character with a low density residential area.

· The dwelling house would not create unreasonable environmental impacts to adjoining developments with regard to visual bulk, solar access, amenity or privacy.

Regarding site coverage, the amended proposal has reduced the total site coverage from 35% to 30%, resulting in a compliant outcome in this regard.

Submissions were received concerning impacts of bulk and scale, particularly with regard to the following:

· Floor area, site coverage, number of storeys.

· If controls for floor area were willing to be doubled based on the two allotments, the site would still exceed permissible floor area.

· Associated concerns of the façade design and streetscape impacts along Eastcote Road were raised, as well as uncharacteristic development/subdivision pattern in locality, compatibility with rural setting, impacts to neighbourhood identity/ North Epping character.

One submission also referenced caselaw Project Venture Developments v Pittwater Council (2005) NSW LEC 191 that details compatibility of a proposal in the context of surrounding development.

Regarding the planning principle, the judgement of Project Venture Developments v Pittwater Council [2005] NSWLEC 191, assesses the appropriateness of scale of development within its context.

This case notes “It is generally accepted that buildings can exist together in harmony without having the same density, scale or appearance, though as the difference in these attributes increases, harmony is harder to achieve”.

This case outlines that buildings do not have to be the same height to be compatible, and landscaping is an important contributor to urban character, of which the proposal complies with total landscaped area.

To test whether a proposal is compatible with its context, two questions should be asked:

1. Are the proposal’s physical impacts on surrounding development acceptable? The physical impacts include constraints on the development potential of surrounding sites.

2. Is the proposal’s appearance in harmony with the buildings around it and the character of the street?

Councils’ assessment of the above two questions are that the proposal’s physical impact on surrounding development is on balance, acceptable, and would not result in unreasonable impacts to surrounding existing and future development. The physical appearance, in the context of the site, would be compatible with the character of the surrounding buildings and street.

In response to the Panel’s concern of bulk and scale impacts, the applicant sought to reduce the maximum building height from 8.82m to 8.495m, resulting in a compliant outcome in this regard and reducing impacts of perceived bulk and scale.

In further considering the non-compliance regarding three proposed storeys rather than the maximum two, this only applies to a minor section at the southern end of the dwelling house. As areas containing lifts, stairwells and a plant room would be excluded from being considered a storey in accordance with the HDCP, the area of 3-storeys proposed would be restricted when viewed from the upper floor and would comprise the corridor immediately adjacent to the lift and linen store only.

On balance, the proposal meets the desired outcomes of Part 3.1.1 Scale of the HDCP and is considered acceptable, subject to conditions.

2.6.2 Setbacks

The desired outcomes for Part 3.1.2 Setbacks of the HDCP is to encourage “setbacks that are compatible with adjacent development and complement the streetscape” and “setbacks that allow for canopy trees to be retained and planted along the front and rear property boundaries”.

These desired outcomes are supported by the prescriptive measures set out in Table 3.1.2-a Minimum boundary setbacks which prescribes a minimum rear boundary setback of 3m.

Submissions were received regarding setbacks.

It is noted that amended plans were provided on 23 April 2025 which made significant amendments to increase the southern setback towards No.1 Eastcote Road and increase the secondary setback along Eastcote Road to provide greater separation to the adjoining property and improve the setback transition to the Eastcote Road streetscape as follows:

· The setback of the lower ground garage and ground floor above on the Southern elevation adjoining No.1 Eastcote Road increased from 8m to 10.27m.

· The first floor setback along the southern elevation increased from 8m to 12.7m.

· The setback to the terrace along the southern elevation adjoining No.1 Eastcote Road increased from 6m to 10m.

· Secondary street frontage setbacks along Eastcote Road have been increased from predominately 3m to 3.7m along the entire length of the dwelling to 4.5m and 6m at the midway point and rear of the dwelling to provide a transition to adjoining properties along Eastcote Road.

The proposed dwelling house complies with the prescribed setbacks and amended plans have increased the setback along the Eastcote Road secondary frontage and increased the setback transition to the neighbouring property. The Malton Road primary frontage would have a 13.2m setback to the front porch and be setback 16.2m from the front building line.

The application seeks to construct a retaining wall sited 1.8m from the rear boundary which does not meet the 3m rear setback control. Notwithstanding, State Environmental Planning Policy (Exempt and Complying Development Code) 2008 (SEPP Codes) allows for retaining walls up to 600mm high at least 1m from any boundary line as exempt development. The proposed retaining wall 600-700mm high would be sited 1.8m from the adjoining property to the south-east and would be comparable with the SEPP controls and considered acceptable with regard to amenity impacts.

In response to the Panel’s concerns regarding privacy impacts attributed by the formal living room as well as concerns of the proposed lattice screening, the applicant responded with amended architectural plans incorporating the following:

· Reduction of finished floor levels of all levels within the dwelling house by 250mm.

· Proposed privacy screen along the north-eastern width of the balcony directly south of the formal dining room.

· Proposed 2.2m high masonry privacy wall in lieu of the carport posts and lattice that were originally proposed to remain to function as a privacy barrier.

The new 2.2m high masonry privacy wall would be 280mm from the north-eastern side boundary which does not meet the 900mm prescriptive measure.

Notwithstanding the 620mm variation sought, the 9m wall would be predominantly screened from the adjoining property by an existing 1.8m high timber boundary fence to remain in this location. No unreasonable shadow impacts would be generated to the adjoining property by the wall given the siting of the wall, where any minor increases in overshadowing would impact the subject site.

Ten proposed Star Jasmine plantings (Trachelosphermum) along this wall would soften visual impacts and be congruent with the existing screen hedging adjacent the formal dining room.

The new wall would serve as a supplementary privacy aid in addition to the dwelling’s reduced finished floor level and compliant 3m side setback.

No concerns are raised by Council regarding the proposed setback encroachment of the retaining walls or the new privacy wall.

On balance, the proposal meets the desired outcomes of Part 3.1.2 Setbacks of the HDCP and is considered acceptable, subject to conditions.

2.6.3 Landscaping

The desired outcomes of 3.1.3 Landscaping of the HDCP are to encourage “landscaping that integrates the built form with soft landscaping and retains and enhances the tree canopy” and “development that retains existing landscape features”.

The desired outcomes are supported by the prescriptive measures that state the following with respect to fencing:

· “Within front setbacks, fences should not be higher than 1.2 metres.

· Front fencing should be constructed from predominately lightweight materials with the design allowing at least 50 percent openings.

· Side and rear boundary fences should be a maximum of 1.8 metres high, sited behind the front building line”.

Submissions were received regarding landscaping and the fencing proposed.

Regarding the total landscaped area, amended plans increased the landscaped area from 861m² to 1029m²and an additional landscaped buffer was provided to the neighbouring property along the southern boundary at No.1 Eastcote Road.

The amended proposal complies with the minimum 45% landscaped area with the Landscape Plan proposing 17 trees in addition to hedges and shrubs. The landscaping would include a mix of locally indigenous and exotic trees in suitable locations that would contribute to the streetscape setting and the local tree canopy.

The submitted Landscape Plan is considered acceptable and would provide medium to large sized trees along the periphery of the development enhancing the tree canopy of the locality and providing privacy to adjoining development.

The proposed front fence/gate features and pillars proposed along the Malton Road frontage that would be a maximum of 2m in height. The height of the fence is not supported as it would be incompatible and uncharacteristic with the Malton Road streetscape which typically incorporates lower height fencing of 1.2m. Accordingly, an amended plan condition is recommended requiring the fence to be a maximum 1.2m along the Malton Road frontage.

The application also proposes a 1.8m to 2.2m tiered fence behind the building line along the Eastcote Road secondary frontage which does not meet the 1.2m prescriptive measure. Given that the site is a corner allotment which slopes towards the rear, no objections are raised to the taller fence in this location as it only occurs as a consequence of the sloping site.

On balance, the proposal meets the desired outcomes of Part 3.1.3 Landscaping of the HDCP and is considered acceptable, subject to conditions.

2.6.4 Sunlight Access

The desired outcomes of Part 3.1.5 Sunlight Access of the HDCP are to encourage “dwelling houses designed to provide solar access to open areas” and “development designed to provide reasonable sunlight to adjacent properties”.

These desired outcomes are supported by prescriptive measures that state “On 22 June, 50 percent of the required principle private open space area [within the subject site and adjoining properties] should receive 3 hours of unobstructed sunlight access between 9am and 3pm”.

Submissions were received regarding sunlight access impacts, including overshadowing impacts from trees/plantations proposed.

The application includes shadow diagrams prepared by David White Architects (Issue F) dated 19 June 2025 illustrating overshadowing impacts to the subject site and to adjoining properties. These shadow diagrams demonstrate that each property would continue to receive the minimum three hours of unobstructed sunlight access to 50 percent of the required principle private open space area.

Reasons for the Panel’s deferral of the matter included additional detail required regarding sunlight access and overshadowing impacts to adjoining properties.

The amended architectural plans are supplemented by updated shadow diagrams (Issue F) and certification of these shadow diagrams prepared by Thomas Hamel & Associates dated 27 June 2025 (Rev. 1). Whilst the Site Plan (No. DA-0401 Issue G) had since been updated from Issue G, given these changes solely related to detail regarding the 1.2m front fence only, updates to the shadow diagram certification were not warranted. The Upper Floor Plan (No. DA-1101 Issue G) referenced in the sunlight certification as Issue F corrected the finished floor levels, reducing this by 250mm to match the proposed finished floor levels as indicated in the elevation plans.

Accordingly, no concerns are raised regarding sunlight access.

The proposal meets the desired outcomes of Part 3.1.5 Sunlight Access of the HDCP and is considered acceptable.

2.6.5 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”.

The desired outcome is supported by the prescriptive measures that state the following:

· “living and entertaining areas of dwelling houses should be located on the ground floor and orientated towards the private open space of the dwelling house and not side boundaries.”

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

o 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,

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

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

· 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.

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

Submissions were received with respect to privacy impacts.

The application proposes a study/sitting area on the upper floor, upper balcony, a formal living, formal living, kitchen, family living, playroom and alfresco orientated towards boundaries other than the rear private open space contrary to the above prescriptive measure. Areas such as the rear, southern verandah and alfresco/terrace would be elevated over 600mm which does not meet the prescriptive measures of the HDCP as detailed above.

Regarding the first floor study/sitting area, given this area would be orientated towards the Malton Road frontage and overlook the streetscape and front yard area, no concerns are raised on privacy grounds regarding this space. Regarding the upper balcony directly south of the master bedroom, given this balcony is ancillary to a bedroom, 2.2m deep, limited to 13m² in area, is not a living space and is orientated towards the private open space of the site, no concerns of unreasonable privacy impacts are raised in this regard.

Original plans for the ground floor formal living rooms and formal dining rooms were sited 950mm and 1.1m above the existing ground level and included orientation towards the side boundary.

Given these spaces contain windows orientated towards the north-eastern side boundary and not a rear boundary and this serves large living spaces which may result in overlooking impacts to the adjoining property to the north-east known as No. 320 Malton Road, a condition was originally recommended requiring amended plans to incorporate additional privacy measures to the side facing windows of the formal living and formal dining rooms to appropriately mitigate potential privacy impacts.

The applicant raised concerns with privacy treatment to these windows and proposed to retain the lattice and carport posts to serve as a privacy barrier. The Panel raised objections to the proposed retention of the lattice and carport posts.

· Reduction of finished floor levels of all levels within the dwelling house by 250mm.

· Proposed privacy screen along the north-eastern width of the balcony directly south of the formal dining room.

· Proposed 2.2m high masonry privacy wall in lieu of the carport posts and lattice that were originally proposed to remain to function as a privacy barrier.

The new wall would serve as a supplementary privacy aid in addition to the dwelling’s reduced finished floor level, being a maximum of 750mm (adjacent the formal living room) and compliant 3m side setback.

The 9m wall would be predominantly screened from the adjoining property by an existing 1.8m high timber boundary fence to remain in this location. No unreasonable shadow impacts would be generated to the adjoining property by the wall given the siting of the wall, where any minor increases in overshadowing would impact the subject site.

Ten proposed Star Jasmine plantings (Trachelosphermum) along this wall would soften visual impacts and be congruent with the existing screen hedging adjacent the formal dining room.

Regarding the verandah elevation directly adjacent the formal dining room finished floor level raised 1.1m from existing ground level which does not achieve the 600mm prescriptive measure, installation of a privacy screen was recommended along the side elevation of this verandah to screen views to the adjoining property known as No. 320 Malton Road.

Given that privacy measures are suitably addressed by amended plans including incorporating a privacy screen along this elevation, the draft conditions originally recommended the imposition of additional privacy measures which are no longer recommended.

Concerns were received regarding the raised upper lawn area and courtyard, which would be raised between 570mm and 1.18m from existing ground level. As this area would be setback 3m from the boundary and screened from the adjoining property at No. 320 Malton Road by an existing 3m-4m high Murraya evergreen hedging and 11 proposed camellia trees, privacy concerns would be negligible in this regard.

Regarding the scullery on the ground floor, this would be orientated towards the Eastcote Road frontage overlooking the public domain and no privacy concerns are raised.

Regarding the family room and dining room on the ground floor towards the southern boundary, these rooms are orientated towards the dwelling’s private open space with no window openings to the adjoining property.

Regarding the alfresco, terrace and playroom area, concerns were raised regarding privacy in the original architectural plans. Amended plans were subsequently provided which increased the setback of these areas and provided appropriate screening from the north-east and partial screening to the south-eastern rear boundary. Whilst the terrace includes an open iron balustrade area which is adjacent to the playroom, given the terrace would be 10.27m from the adjoining property and the playroom would be 12.7m from the side boundary which exceeds the 9m prescriptive measure, privacy concerns along this elevation are suitably addressed.

The lower lawn areas in closer proximity to No. 320 Malton Road would not be subject to non-compliance in earthworks with respect to the HDCP and marginal level changes are proposed in this area.

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

On balance, the proposal meets the desired outcome of Part 3.1.6 Privacy of the HDCP and is considered acceptable, subject to conditions.

2.6.6 Open Space

The desired outcome of Part 3.1.4 Open Space of the HDCP is to encourage “private open space that functions as an extension to the dwelling house”.

A submission was received concerning open space.

The proposal would exceed the minimum 24m² area and 3m dimension required for private open space areas behind the building line. Accordingly, no concerns are raised regarding the proposal on these grounds.

The proposal meets the desired outcome of Part 3.1.4 Open Space of the HDCP and is considered acceptable.

2.7 Domestic Solid Fuel Burning Appliances

As part of the application, the proposal includes the installation of five solid fuel burning fireplaces in the formal living room, formal dining room, guest sitting area, family living and outdoor alfresco area.

Council cannot approve a free-standing fireplace without a flue to control the smoke. Should the development application be approved, a condition of consent has been recommend requiring the deletion of the fireplace in the rear yard.

With regard to the installation of five solid fuel burning fireplaces inside the dwelling, Section 4.9 of the ‘AS/NZS 2918:2001 Domestic Solid Fuel Burning Appliances - Installation’ BCA standard, “the flue exit shall be located outside the building in which the appliance is installed so that:

a) The flue pipe shall extend not less than 4.6m above the top of the floor protector.

b) The minimum height of the flue system within 3m distance from the highest point of the roof shall be 600mm above that point.

c) The minimum height of a flue system further than 3m from the highest point of the roof shall be 1000mm above roof penetration.

d) No part of the building lies in or above a circular area described by a horizontal radius of 3m about the flue system exit”.

With respect to (a), the flue pipes extend greater than 4.6m above the top of the floor protector.

With respect to (b), it is noted that the flue systems within 3m distance from the height point of the roof would be at least 600mm above that point.

With respect to (c), it is noted that the flue system located more than 3m from the highest point of the roof would be at least 1000mm above roof penetration.

With respect to (d), it is noted that the proposed flue systems exit would be located at a distance greater than 3m circular radius from any other structure.

A condition is recommended in Attachment 1 of this report requiring the installation to be completed in accordance with Section 4.9 of AS/NZS 2918:2001 Domestic Solid Fuel Burning Appliances - Installation and the Protection of the Environment Operations (Clean Air) Amendment (Solid Fuel Heaters) Regulation 2016.

No concerns are raised regarding the domestic solid fuel burning appliances proposed, subject to conditions.

2.8 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.

2.9 Housing and Productivity Contributions

Housing and Productivity Contributions (HPC) came into effect on 1 October 2023 to support housing and productivity in key growth areas of NSW.

The HPC does not apply to the proposal as the proposal would not result in a new dwelling lot nor relates to other applicable land uses (e.g. industrial, high-density residential).

3. ENVIRONMENTAL IMPACTS

3.1 Natural Environment

3.1.1 Tree and Vegetation Preservation

The prescriptive measures of Part 1.2.6.1 Tree Preservation of the HDCP state that:

a) “the prescribed trees that are protected by the Vegetation SEPP and/or Clause 5.10 of the HLEP and this section of the DCP include:

o all trees except exempt tree species in Hornsby Shire as listed in Table 1.2.6-a or subject to a Biodiversity Offset Scheme,

o all trees on land within a heritage conservation area described within the HLEP, and

o all trees on land comprising heritage items listed within the HLEP.

b) To damage or remove any tree protected under the HDCP is prohibited without the written consent of Council, except in accordance with the exemptions prescribed in this part (under the heading ‘Exempt Tree Work’).”

Submissions were received regarding tree preservation and removal and why trees were included for assessment on adjoining lands.

The proposed development would necessitate the removal of 26 trees from the site.

The application is supported by an Arboricultural Impact Assessment (AIA) prepared by Selena Hannan Landscape Design dated 3 January 2025. The AIA seeks consent for removal of 26 trees within the site and transplantation of two trees (known as Tree Nos. 25A and 25B) elsewhere within the site and recommends protection of trees to be retained.

Trees proposed for removal all have a medium retention value, with the exception of tree No. 11, a Japanese Maple which is of high retention. Whilst the Maple tree would experience a 100% TPZ encroachment and would not be able to be retained, the AIA notes that transplantation of this tree is possible given there is sufficient space available in the front or rear yard. Accordingly, a condition is recommendation requiring the Maple tree to be transplanted as opposed to being removed.

Council raises no objections to the removal of the 26 trees on the site as the trees are not considered worthy of protection and are within the proposed building footprint and can be replaced with 10 replacement trees recommended as a condition of consent which is in addition to the 17 trees nominated on the landscape plan.

Conditions are recommended regarding use of tree sensitive construction techniques during construction, installation of tree protection measures, tree protection fencing and replacement planting.

Regarding the submission of why trees were included on adjoining lands, this is to appropriately assess the impacts of the proposed development on trees to be retained in the vicinity to works, irrespective of whether they are on the site or on a separate property.

On balance, the proposal meets the prescriptive measures of Part 1.2.6.1 Tree Preservation of the HDCP and is considered acceptable, subject to conditions.

3.1.2 Biodiversity

The desired outcomes of Part 1.3.1.1 Biodiversity of the HDCP are to encourage “development that provides for the conservation of biodiversity including threatened species and populations, endangered ecological communities, remnant indigenous trees, regionally and locally significant terrestrial and aquatic vegetation” and “development that maintains habitat for native wildlife and wildlife corridors to provide for the movement of fauna species”.

Submissions were received concerning adverse biodiversity impacts, including associated values and aesthetics.

In response, the site is not mapped as containing terrestrial biodiversity under the HLEP and is not mapped on the NSW Biodiversity Values Mapping, nor Councils significant native vegetation mapping. Accordingly, no concerns are raised with respect to the proposal on biodiversity grounds.

Tree impacts to individual trees are assessed on merit which is detailed under Section 3.1.1 of this report.

The proposal meets the desired outcomes of Part 1.3.1.1 Biodiversity of the HDCP and is considered acceptable.

3.1.3 Stormwater Management

The desired outcomes of Part 1.3.1.2 Stormwater Management of the HDCP are to encourage “development that protects 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”.

Submissions were received with respect to stormwater management, including impacts of increased impervious area.

The original proposal sought to dispose of stormwater via two 10,000 litre tanks discharging to the kerb on Eastcote Road.

The application was referred to Councils development engineer who initially raised stormwater impact concerns as a result of the increase in impervious area across the two sites. Accordingly, an amended stormwater plan was requested that includes provision for an on-site detention system to reduce stormwater impacts and control the release of stormwater flow to Eastcote Road to minimise risks of inundation in extreme events.

An updated stormwater plan was received that includes an on-site retention (OSR) and a separate on-site-detention tank with a combined storage capacity of 42m³beneath the internal driveway.

The application was re-referred to Council’s development engineer and no objection is raised to the proposal, subject to conditions including ongoing use of an OSR system.

The proposal meets the desired outcomes of Part 1.3.1.2 Stormwater Management of the HDCP and is considered acceptable, subject to conditions.

3.1.4 Earthworks

Clause 6.2 of the HLEP is supplemented by Part 1.3.1.4 Earthworks and Slope of the HDCP.

The desired outcomes of Part 1.3.1.4 Earthworks and Slope of the HDCP are to encourage “development that is designed to respect the natural landform characteristics and protects the stability of the land” and “development that limits landform modification to maintain the amenity of adjoining properties and streetscape character”.

This is supported by the prescriptive measures which state that “earthworks involving filling should not exceed 1 metre in height from the existing ground level” and “excavation that extends outside of the building platform should be limited to a depth of 1 metre from the existing ground level, unless the excavation is required to:

· Achieve a high-quality built form.

· Provide for safe vehicular access to the site.

· It maintains the amenity of adjoining properties and the desired streetscape character.”

Submissions were received regarding earthworks.

The proposed development seeks a maximum of 2m of cut and up to 1.4m of fill which does not achieve the above prescriptive measures.

The application is supported by a Geotechnical Report prepared by JK Geotechnics, dated 5 December 2024 and a cut and fill plan prepared by David White Architects depicting the extent of cut and fill proposed within the site.

The geotechnical report provided details subsurface conditions and uses this to recommend appropriate conditions relating to excavation, shoring, footings, retaining walls, on-grade floor slabs and hydrogeological matters.

No concerns are raised regarding the extent of cut and fill as areas of non-compliance are largely confined towards the centre of the new dwelling, away from adjoining residential properties. The excavation would be to accommodate a lower-level parking area and fill to accommodate a residential area and landscape features.

As the total excavation volume would be 249.76m³ and fill would be 573.04m³, this requires the importation of 323.28m³. Given the extent of total earthworks, a Construction Management Plan is required to be submitted to Council for assessment and approval prior to issue of the Construction Certificate.

On balance, the proposal meets the desired outcomes of Part 1.3.1.4 Earthworks and Slope of the HDCP and is considered acceptable, subject to conditions.

3.1.5 Bushfire

The desired outcomes of Part 1.3.3.1 Bushfire of the HDCP are to encourage “development that is located and designed to minimise the risk to life and property from bushfires” and “development that balances the conservation of native vegetation and bushfire protection”.

These desired outcomes are supported by the prescriptive measure that states “development on land identified as bushfire prone on Council’s Bushfire Prone Land Map should address the bush fire protection measures in the publication ‘Planning for Bushfire Protection (2019)’.”

Submissions were received of bushfire impacts to the proposed development, particularly due to the proximity to Lane Cove National Park.

As the site is not mapped as bushfire prone land, bushfire protection measures are not required in this instance.

Accordingly, the proposal meets the desired outcomes of Part 1.3.3.1 Bushfire of the HDCP and is considered acceptable.

3.1.6 Flooding

The desired outcome of Part 1.3.3.2 Flooding of the HDCP is to encourage “development that is located and designed to minimise the risk to life, property and the environment from flooding”.

The desired outcome is supported by prescriptive measures that states “Where a development proposal is on land at or below the flood planning level, a comprehensive flood study should be prepared by a qualified hydraulic engineer and is to be submitted with any development application on land that demonstrates that the development addresses the provisions of Clause 5.21 of the HLEP, and the development complies with best practice.”

A submission was received concerned of flooding impacts.

In response, the site is not mapped as flood prone land and is therefore further assessment of flooding impacts is not required. Impact of stormwater management, however, is assessed and is detailed under Section 3.1.3 of this report.

The proposal meets the desired outcomes of Part 1.3.3.2 Flooding of the HDCP and is considered acceptable.

3.1.7 Waste Management

The application is accompanied by a Waste Management plan detailing the extent of proposed waste generation. As the location of an appropriate registered waste disposal facility was not disclosed, a condition of consent is recommended requiring these details to be provided the principal certifier prior to the issue of a construction certificate.

A construction management plan is also required prior to obtaining the construction certificate that is to include details of the reuse, recycling and disposal methods for all demolition and construction waste on site.

3.2 Built Environment

3.2.1 Traffic

The desired outcomes of Part 1.3.2.1 Transport and Parking of the HDCP are to encourage “development that manages transport demand around transit nodes to encourage public transport usage”, “car parking and bicycle facilities that meet the requirements of future occupants and their visitors” and “development with simple, safe and direct vehicular access”.

The desired outcomes are supported by the prescriptive measures that state “garages in low density residential development should be provided with a private EV [electric vehicle] connection” and “all EV charging infrastructure is to comply with the applicable Electric Vehicle safety and energy consumption data collection requirements of the National Construction Code.

Regarding EV charging, to comply with the abovementioned prescriptive measure, a condition has been recommended requiring an EV charging facility in the new garage.

Submissions were received concerning vehicular traffic and parking impacts associated with construction and the ongoing use of the development, and objections to the circular driveway along the Malton Road frontage.

In response to traffic concerns, as the proposal is for a dwelling house, this use is not considered a traffic generating development under State Environmental Planning Policy (Transport and Infrastructure) 2021 and no concerns are raised regarding traffic generation.

The application was referred to Council’s Development Engineer who raised no objections to the proposed transport and parking arrangement of the development, subject to conditions.

Regarding the driveway, whilst this departs from Council’s Vehicular Specification requiring a maximum of one vehicle crossing, given the proposal is across two allotments and the total number of vehicle crossings to the allotments would be unchanged, no concerns are raised regarding the three vehicular crossings, including the driveway at the Malton Road frontage.

On balance, the proposal meets the desired outcomes of Part 1.3.2.1 Transport and Parking of the HDCP and is considered acceptable, subject to conditions.

3.2.2 Air Quality

The desired outcome of Part 1.3.2.6 Air Quality of the HDCP is to encourage “Development designed and managed to minimise air quality impacts on the occupants of residential dwellings and other sensitive land uses”

The desired outcome is supported by prescriptive measures that state “to maintain indoor air quality and avoid the generation of harmful airborne byproducts, indoor gas should not be used in any new residential development” and “indoor cooktops, ovens and heaters should be electric and clearly marked on architectural plans”.

Submissions received regarding air quality and pollution from the fire pit proposed.

Regarding the fire-pit. Council cannot approve a free-standing fireplace without a flue to control the smoke. A condition of consent has been recommend requiring the deletion of the fireplace in the rear yard (to be marked up on the approved landscape plan if consent is granted).

The application proposes various electric cooking appliances on the amended plans submitted and revised BASIX Certificate has removed gas appliances. This amendment was sought to demonstrate compliance to the HDCP control to maintain indoor air quality.

The domestic solid fuel burning appliances proposed would be managed appropriately via a flue system as discussed in Section 2.7 of this report.

On balance, the proposal meets the desired outcomes of Part 1.3.2.6 Air Quality of the HDCP and is considered acceptable, subject to conditions.

3.3 Social Impacts

The location of the development is in close proximity to a local commercial centre, recreational, health and education facilities for future residents.

3.4 Economic Impacts

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 for 14 days between 4 March 2025 and 18 March 2025 in accordance with the Hornsby Community Engagement Plan. During this period, Council received 63 submissions.

Following receipt of amended plans and associated supporting documentation, the application was re-notified to adjoining and nearby landowners and to those who had previously made a submission for 14 days between 29 April 2025 and 13 May 2025 in accordance with the Hornsby Community Engagement Plan. During the second notification period, an additional 51 unique submissions were received objecting of the proposal. One late submission was received shortly after this notification period.

Following the resolution to defer the item at the LPP meeting on 28 May 2024, amended plans and additional information were received and the application was re-notified for 14 days to adjoining and nearby landowners as well as those who previously made a submission. This third notification period commenced on 7 July 2025 and ceased on 21 July 2025. During this third notification period, an additional 14 unique submissions were received objecting to the proposal.

Accordingly, a total of 129 unique submissions were received during all three notification periods, including one late submission received

The map below illustrates the location of those nearby properties who made a submission that are in close proximity to the development site.

A map of a neighborhood

AI-generated content may be incorrect.

NOTIFICATION PLAN
• PROPERTIES NOTIFIED	X PROPERTIES THAT MADE A SUBMISSION	PROPERTY SUBJECT OF DEVELOPMENT
83 Submissions received from out of map range.

A total of 129 submissions objected to the development, generally on the grounds that the development would result in:

· Development that is excessive in bulk and scale, including floor area, site coverage and number of storeys

· Use of premises not consistent with a dwelling house

· Uncharacteristic in locality, dwelling house and allotment size

· Introduction of precedence

· Non-compliance in compliance to zoning objectives

· Parking and Traffic Impacts

· Impacts to Local services, infrastructure and public transport

· Introduction of precedence

· Adverse environmental impacts including biodiversity, tree removal, replacement planting and earthworks

· Privacy impacts

· Stormwater and flooding impacts

· Overshadowing

· Unacceptable noise

· Devaluation of nearby properties

· Integrity of supporting documentation

· Heritage impacts

· Air Quality

· Setbacks

· Landscaping and fencing

· Bushfire impacts

· Pedestrian impacts, security and safety

· Association with the Plymouth Brethren Church and proximity to other churches

· Light spillage

· Reduction of housing stock

· Council’s previous refusal for a Church on Norfolk Road

· Intent to seek support from local representatives

· Cost of Works

· Consolidation of allotments

· Impacts to sewer; and

· Impacts to health, mental health and the like

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 Use of Premises

Submissions were received concerned that the use of the development would not be solely associated with a dwelling house and may be used for other purposes including a place of worship, commercial/industrial purposes, boarding house, short term residential facility, conference/training centre. This was raised following concerns of the bulk and scale, circular driveway, internal configuration and rooms proposed such as formal spaces, bar located near the foyer, size of scullery and laundry including appliances etc.

Comment: In response, further clarification was provided by the applicant detailing that the intended use of the development is a dwelling house only as proposed in the application and has also deleted the front bar area to alleviate concerns raised. Council is satisfied that the design and proposed use is consistent with a dwelling house only. An ongoing use of premises condition is recommended to be imposed to ensure the use of the development is for residential purposes only.

5.1.2 Pedestrian Impact, Security and Safety

Submissions were received concerning pedestrian impacts, safety and security, including implementation of traffic measures.

Comment: In response, no concerns are raised regarding pedestrian impacts, subject to compliance with conditions. The use of the allotments would be unchanged from the existing residential use.

Regarding safety, suitable conditions including installation of fencing are recommended to maintain residential amenity and safety during development. Additional requirements may be required for Councils approval of a construction management plan prior to the issue of the construction certificate, to assist with the protection of the public, the environment, and Council’s assets during all stages of construction works. This includes provision for any necessary road closures/openings, work zones, crane permits, road occupancy licenses and traffic control.

Regarding security, crime prevention is not a matter of consideration for a proposed new dwelling house. A Crime Prevention Through Environmental Design (CPTED) report is required only for large scale or crime sensitive developments, such as developments with 20 or more dwellings, major commercial / retail developments etc.

5.1.3 Noise Impacts

Submissions were received concerning noise generation.

Comment: In response, low density development of this nature would not require additional assessment of noise and vibration prior to approval of the application in this instance. Notwithstanding, a construction management plan is required to be approved by Council prior to the issue of a construction certificate which is to contain the following information regarding noise and vibration and associated mitigation measures:

a) Expected sources of noise and vibration during demolition, earthworks, and construction at sensitive receiver locations.

b) Duration of works that are expected to emit higher than average levels of noise and vibration (e.g. rock breaking and rock sawing).

c) Details of mitigation measures to minimise noise and vibration impacts incorporating the recommendations of the Geotechnical Report Ref: 37196Zrpt, prepared by JKGeotechnics, dated 5 December 2024.

Suitable conditions have been recommended to maintain residential amenity, including restricting demolition and construction work to prescribed times and days.

5.1.4 Impacts to Traffic, Parking and Public Transport

Submissions were received concerning impacts to traffic, parking and public transport including bus routes.

Comment: In response, Councils assessment of transport and parking is discussed in detail in Section 3.2.1 of the report.

Regarding impacts to public transport routes, the subject application does not propose any changes to public transport infrastructure and the proposed works would be solely within the subject allotments, including unloading and loading areas. A Construction Management Plan is required to be approved by Council prior to issue of the construction certificate.

Concerns of traffic obstruction and illegal parking may be reported to Council to investigate, irrespective of the proposed development.

5.1.5 Non-Compliance with Zoning Regulation

Submissions were received concerning non-compliance of the development with zoning objective as low density residential development.

Comment: In response, Councils assessment against the R2 Low Density zoning objectives of the HLEP is detailed in Section 2.1.1 of this report.

5.1.6 Introduction of Precedence of Similar Developments

Submissions were received concerning establishing a precedence of similar developments.

Comment: In response, each Development Application is assessed on its merits against relevant planning controls in their own right within their own unique context and circumstances.

5.1.7 Adverse Natural Environmental Impacts

Submissions were received regarding adverse environmental impacts, including biodiversity, tree removal and preservation, earthworks, stormwater management, flooding and bushfire.

Comment: In response, the above matters are assessed and detailed in Section 3.1 of this report.

5.1.8 Air Quality

Submissions were received regarding air quality, including the use of a fire pit in the rear yard.

Comment: In response, Councils assessment of air quality is detailed in Section 3.2.2 of the report. The outdoor fire pit has been deleted on the amended Landscape Plan.

5.1.9 Association with the Plymouth Brethren Church and Proximity to other Churches

Submissions were received concerning association with the Plymouth Brethren Church, including conservative views, undesirable practices and leadership role of applicant in religious organisation allegedly using houses as a ‘Place of worship’.

Comment: In response, religious faiths and proximity to churches is not a matter for consideration under the Environmental Planning and Assessment Act 1979. Concerns of non-compliances to use of premises in other instances may be reported to Council for investigation.

5.1.10 Impacts to Health, Mental Health and the Like

Submissions were received concerning impacts to health, mental health, wellbeing, quality of life, inconveniences etc.

Comment: In response, these are not matters of consideration for the purposes of development assessment.

5.1.11 Integrity of Statement of Environmental Effects (SEE) and other Supporting Documentation, including the Photomontage

Submissions were received concerning the integrity of the SEE concerned of incorrectly stating compliance to the Hornsby Development Control Plan 2024 and Hornsby Local Environmental Plan 2013.

Comment: In response, the SEE and photomontages are two of several documents used by the applicant to outline the proposed works, justify any non-compliances and supplement the assessment of the proposal. These documents are used to inform both Council and the wider public of the development proposed, however Council completes its own independent assessment of the supplied plans and supporting documents.

An addendum to the Statement of Environmental Effects prepared by Nolan Planning Consultants was submitted for assessment to provide detail regarding the changes made in response to the Panel’s deferral.

5.1.12 Sunlight Access Impacts

Submissions were received concerning impacts to sunlight access and overshadowing.

Comment: In response, Councils assessment of sunlight access is detailed in Section 2.6.4 of this report.

5.1.13 Privacy Impacts

Submissions were received concerning impacts to privacy.

Comment: In response, Councils assessment of privacy is detailed in Section 2.6.5 of this report.

5.1.14 Impacts to Local Infrastructure

Submissions were received concerning impacts to local infrastructure.

Comment: In response, the subject development application is for a dwelling house only and does not generate additional demand for infrastructure.

5.1.15 Setbacks

Submissions were received regarding proposed setbacks.

Comment: In response, Councils assessment of setbacks is detailed in Section 2.6.2 of this report. It is noted that the dwelling house complies with the HDCP prescribed setbacks.

5.1.16 Landscaping and fencing

Submissions were received in relation to landscaping and fencing.

Comment: In response, Councils assessment of landscaping is detailed in Section 2.6.3 of this report.

5.1.17 Reduction in Property Values

Submissions were received concerning impacts property values.

Comment: In response, this is not a matter for consideration under the Environmental Planning and Assessment Act 1979.

5.1.18 Heritage Impacts

Submissions were received regarding heritage impacts, particularly in relation to No. 318 Malton Road.

Comment: In response, Councils heritage assessment is detailed in Section 2.1.4 of this report.

5.1.19 Light Spillage

Submissions were received concerning impacts of light spillage.

Comment: In response, it is not considered that the proposed development as a residential dwelling would give rise to excessive light pollution.

5.1.20 Reduction of Housing Stock

Submissions were received concerned of a reduction of housing stock, as well as inconsistency with the state government’s housing target for Hornsby to supply 5,500 new dwellings by 2029.

Comment: In response, this policy is in respect to new dwellings and not the retention of existing housing stock. Council does not have any policies regarding the net reduction in dwelling stock.

5.1.21 Impacts to Sewer

Submissions were received concerning impacts to sewer.

Comment: In response, impacts to sewer and associated Sydney Water infrastructure is required to be assessed by Sydney Water prior to issue of a Construction Certificate to ensure no unreasonable impacts to Sydney Water assets would occur. This is a separate matter from development assessment and these impacts are considered by Sydney Water and not Council.

5.1.22 Heating, Ventilation and Air Conditioning Noises

Submissions were received concerning impacts of heating, ventilation and air conditioning noises

Comment: In response, the ongoing use of the air-conditioner is to comply with the Protection of the Environment Operation (Noise Control) Regulation 2017 to maintain residential amenity.

5.1.23 Trees outside of the property included in the Arborist report for retention.

Submissions were received concerned regarding the integrity of the Arboricultural impact assessment (AIA), concerned regarding reference to multiple trees outside of the site to be retained and protected.

In response, it is a requirement for trees within the vicinity of proposed works, whether they are on the subject site or adjoining lands to have development impacts assessed.

5.1.24 Council’s previous refusal for a Church on Norfolk Road

Submissions were received concerned of Councils previous refusal for a church on Norfolk Road. This relates to Development Application No. DA/1279/2015 for alterations to an existing heritage listed dwelling house, adaptive reuse as a place of worship and a caretaker’s accommodation with at grade carpark. Council resolved to refuse the application on grounds of noise and vibration impacts, which was appealed and upheld by the NSW Land and Environment Court.

Comment: In response, this is not a matter of consideration for the assessment of a new dwelling house.

5.1.25 Intention to Seek Support from Local Councillors, State MP and Federal MP should approval be considered.

Submissions were received advising intent to seek support from local representatives should approval of the application be considered.

Comment: In response, all persons are within their rights to seek support from their local representatives.

5.1.26 Internal Layout Choice

Submissions were received regarding the internal layout choice, including the necessitation for some rooms such as the plant room.

In response, the final design layout submitted to Council as part of the assessment of the application is at the applicant’s discretion.

5.1.27 Cost of Works

Submission was received relating to the cost of works.

Comment: In response, no concerns are raised regarding the cost of works. The cost estimate report is prepared by a registered quantity surveyor as required for development that exceeds three million dollars.

5.1.28 Consolidation of Allotments

A submission was received concerned of construction across more than one allotment prior to consolidation.

Comment: In response, a condition of consent has been recommended requiring consolidation of allotments prior to issue of an Occupation certificate and no concerns are raised in this regard.

5.1.29 Requirement for Replacement Planting

A submission was received regarding the requirement for replacement plantings.

In response, a condition is imposed requiring compensatory plantings to appropriately offset trees being removed to facilitate development. Each replacement tree is required to reach a mature height greater than 10m.

5.2 Public Agencies

The development application was not required to be 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”.

Submissions were received in relation to public interest.

The application is considered to have satisfactorily addressed Council’s criteria and would provide a development outcome that, on balance, would result in a positive impact for the community. Accordingly, it is recommended that the application be approved.

CONCLUSION

The application proposes demolition of structures and construction of a dwelling house.

Council received 114 submissions during the public notification period. The matters raised have been addressed in the body of the report.

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

The reasons for this decision are:

· The proposed development generally complies with the requirements of the relevant environmental planning instruments and the Hornsby Development Control Plan 2024.

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

Cassandra Williams

Major Development Manager - Development Assessments

Planning and Compliance Division

Rod Pickles

Manager - Development Assessments

Planning and Compliance Division

Attachments:

1.	Final Architectural Plans
2.	HJB Shadow Diagram Certification
3.	Updated Survey with Neighbouring Properties
4.	Landscape Plans Issue C
5.	Summary of Changes to Final Architectural Plans dated 23 June 2025

File Reference: DA/85/2025

Document Number: D09147968

SCHEDULE 1

GENERAL CONDITIONS

1. Approved Plans and Supporting Documentation

Approved Plans

Plan No.	Issue No.	Plan Title	Drawn by	Dated	Council Reference
DA-0401	G	Existing & Proposed Site Plan	David White Architects Pty Ltd	26.04.2025
DA-0300	D	Demolition & Tree Removal Plan	David White Architects Pty Ltd	28.04.2025
DA-0100	G	Proposed Ground Floor Plan	David White Architects Pty Ltd	24.06.2025
DA-1101	G	Proposed Upper Floor Plan	David White Architects Pty Ltd	04.08.2025
DA-1102	F	Proposed Lower Floor Plan	David White Architects Pty Ltd	19.06.2025
DA-1103	F	Proposed Roof Plan	David White Architects Pty Ltd	19.06.2025
DA-1200	G	Proposed Elevations	David White Architects Pty Ltd	24.06.2025
DA-1201	F	Proposed Street Elevations	David White Architects Pty Ltd	19.06.2025
DA-1300	F	Proposed Sections	David White Architects Pty Ltd	19.06.2025
DA-1301	B	Proposed Side Boundary Details – Privacy Issues Analysis	David White Architects Pty Ltd	24.06.2025
DA-9010	F	Materials & Finishes Schedule	David White Architects Pty Ltd	19.06.2025
LP01-C	C	Landscaped Plan	Selena Hannan Landscape Design	17.06.2025

Supporting Documentation

Document Title	Prepared by	Dated	Council Reference
Survey Plan	Hill & Blume Consulting Surveyors	25.07.2024	D09063854
BASIX Certificate No. 1781659S_04	Bonnefin Consulting Pty Ltd	05.05.2025	D09121652
Geotechnical Report Ref: 37196Zrpt	JK Geotechnics	05.12.2024	D09063841
Arboricultural Impact Assessment	Selena Hannan Landscape Design	03.01.2025	D09063821
Stormwater Management Plan (Issue C)	HYDRACOR Consulting Engineers Pty Ltd	24.04.2025	D09124265
Erosion and Sediment Control Plan (Issue B)	David White Architects Pty Ltd	04.02.2025	D09063838

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

2. 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.

3. 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.

4. Water Feature

The depth of the water feature is not to exceed 300mm at any point.

Reason: To comply with relevant pool safety requirements.

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, $94,420.00 must be paid towards the provision, extension or augmentation of public amenities or public services, based on development costs of $9,442,086.

2. The value of this contribution is current as of 2 May 2025. If the contributions are not paid within the financial quarter that this consent is granted, the contributions payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 7.12 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$C_PY	=			$C_DC x CPI_PY
				CPI_DC

Where:

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

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

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

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

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.

6. Domestic Solid Fuel Burning Appliances

1. The fire place and chimney/flue must be installed accordance with the requirements of Part 12.4 National Construction Code - Building Code of Australia.

2. The domestic solid-fuel heater must comply with the Protection of the Environment Operations (Clean Air) Regulation 2021 and Australian Standard AS4013 Domestic solid fuel burning appliances - Method for determination of flue gas emission.

Reason: To ensure compliance with appropriate environmental standards to maintain air quality.

7. Retaining Walls

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

2. The retaining wall along the rear south-east of the site is to be no higher than 700mm measured from existing ground level.

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

8. Privacy Screens

All privacy screens 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.

Reason: To ensure privacy screens provide appropriate visual separation from the development.

9. Surrender of Development Application No. DA/880/2023

Development Application No. DA/880/2023 is to be voluntarily surrendered pursuant to Clause 4.63 of the Environmental Planning and Assessment Act 1979.

Reason: To ensure the allotments are consistent with the approved plans.

BUILDING WORK

BEFORE ISSUE OF A CONSTRUCTION CERTIFICATE

Condition

10. 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).

11. 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).

12. Contract of Insurance (Residential Building Work)

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

13. 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:

2. The name and licence number of the principal contractor; and

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

4. In the case of work to be done by an owner-builder:

5. The name of the owner-builder; and

6. 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).

14. 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.

15. 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 the following requirements:

1. Connected directly to Council’s street drainage system on Eastcote Road via an on-site detention basin.

2. Roof water must be connected to a rainwater tank having a minimum capacity in accordance with the approved BASIX Certificate requirements.

3. The stormwater drainage system must be designed by a qualified hydraulic engineer.

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

16. On-Site Stormwater Detention

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

1. Have a capacity of not less than 22 cubic metres, and a maximum discharge (when full) of 66 litres per second.

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

3. Discharge from the detention system must be controlled via 1 metre length of pipe, not less than 50 millimetres diameter or via a stainless plate with sharply drilled orifice bolted over the face of the outlet discharging into a larger diameter pipe capable of carrying the design flow to an approved Council system.

4. Where above ground and the average depth is greater than 0.3 metres, a ‘pool type’ safety fence and warning signs must be installed; and

5. Not be constructed in a location that would impact upon the visual or recreational amenity of residents.

Reason: To manage stormwater flows to minimise potential flooding.

17. Internal Driveway/Vehicular Areas

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

1. A Boundary Levels application must be obtained from Council for the design on the internal driveway.

2. The driveway be a rigid pavement.

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

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

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

6. Longitudinal sections along both sides of the access driveway shall be submitted to the Principal Certifier in accordance with the relevant sections of AS 2890.1. The maximum grade shall not exceed 1 in 4 (25%) with the maximum changes of grade of 1 in 8 (12.5%) for summit grades and 1 in 6.7 (15%) for sag grades. Any transition grades shall have a minimum length of 2 metres. The longitudinal sections shall incorporate the design levels obtained by Council.

Reason: To provide safe vehicle and pedestrian access.

18. Road Opening Permit

Note: The Road Opening Permit must be applied for via Council’s Online Services Portal at: https://www.hornsby.nsw.gov.au/property/build/apply-for-a-permit/road-openings

Reason: To ensure public infrastructure and property is maintained.

19. Construction Management Plan

A Construction Management Plan (CMP) must be prepared by a suitably qualified consultant in consultation with a qualified traffic engineer and be approved by Council’s Compliance Team via Council’s Online Services Portal prior to issue of a Construction Certificate.

The CMP assists with the protection of the public, the environment, and Council’s assets during all stages of construction works and must include the following:

1. General

a) A general description of the scope of works.

b) Details of the extent of earthworks including quantities of excavated and imported material to be transported to and from the site.

c) Details of any staging of works.

d) A statement confirming that no building materials, work sheds, vehicles, machines, or the like shall be allowed to remain in the road reserve area without the written consent of Hornsby Shire Council.

e) The CTMP plans shall be in accordance with the approved plans and documents forming under this consent, except as provided by the conditions of consent which shall prevail in the event of any inconsistencies.

2. Construction Traffic and Management

b) The vehicle traffic routes to and from the site, including any queuing locations. The vehicle routes should be identified on a plan attached to the PCMP.

c) Size and types of construction vehicles to be used for importation and exportation of fill throughout the stages of works.

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

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

f) Access and egress into the site, including any limitation on access for certain types of vehicles (determined via swept path analysis) due to site constraints.

g) Any required road closures/openings, work zones, crane permits, road occupancy licences and traffic control.

h) Management measures to be implemented to minimise disruption to, and maintain the safety, of all road users including restriction of inbound and outbound truck movements at the site during peak commuter periods, noting the site is located 100 metres from Epping North Public School.

3. Pedestrian Management

a) Potential impacts on pedestrian movements. This includes consideration of locations or times where footpaths are heavily trafficked (e.g. school arrival and departure; commuter peaks).

b) Management measures to be implemented to minimise disruptions to pedestrians and maintain safety.

4. Car parking

a) Impacts on on-street parking (e.g. use of work zones, construction access implications).

b) Details of construction worker parking. Where limited car parking is available on site or nearby, details of alternative transport arrangements must be provided.

5. Tree Management and Protection

a) Trees to be removed and retained on site and tree protection measures, consistent with the approved plans and documents under this consent, except as provided by the conditions of consent which shall prevail in the event of any inconsistencies.

6. Stormwater Management

a) Details of stormwater management and disposal during excavation and construction, consistent with other lodged Plans.

b) Identification of existing watercourses.

c) Sediment and erosion control measures.

7. Noise and Vibration

a) Expected sources of noise and vibration during demolition, earthworks, and construction at sensitive receiver locations.

b) Duration of works that are expected to emit higher than average levels of noise and vibration (e.g. rock breaking and rock sawing).

c) Details of mitigation measures to minimise noise and vibration impacts incorporating the recommendations of the Geotechnical Report Ref: 37196Zrpt, prepared by JKGeotechnics, dated 5 December 2024.

8. Waste Management

a) Detail the reuse, recycling and disposal methods for all demolition and construction waste on site.

9. Site plan

a) A site plan which identifies the following information at each stage of the development:

i. Existing and proposed buildings

ii. Site boundaries

iii. Extent of earthworks (i.e. excavation and fill importation locations, and cut and fill locations)

iv. Existing trees and vegetation to be removed and retained and tree protection measures

v. Vehicle access and egress

vi. On-site vehicle parking areas

vii. Proposed hard-stand areas for loading and unloading materials, including the location of cranes and concrete pumps

viii. Location of material storage on-site, stockpiles, site sheds, hoardings, waste storage

ix. Location of sediment control measures (consistent with Erosion and Sediment Control)

x. Potential Work Zone locations

10. An Erosion and Sediment Control Plan (ESCP) that describes all erosion and sediment controls to be implemented in accordance with the publication Managing Urban Stormwater: Soils & Construction (4th Edition), which includes:

a) A site survey which identifies contours and approximate grades and the direction(s) of fall.

b) Locality of site and allotment boundaries.

c) Location of adjoining road(s) and all impervious surfaces.

d) Location of site access and stabilisation of site access.

e) Provision for the diversion of run off around disturbed areas.

f) Location of material stockpiles.

g) Maintenance program for erosion and sediment control measures.

h) Proposed site rehabilitation and landscaping; staging of construction works.

i) Provide a plan of how all construction works will be managed in a wet-weather events (i.e. storage of equipment, stabilisation of the Site)

j) A de-watering plan that describes all controls to be implemented for the disposal of water that accumulates within any site excavation areas.

11. The CMP must detail all responsible parties ensuring compliance with the document and include the contact information for developers, builder, Principal Certifier, and any emergency details during and outside work hours.

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

20. Appointment of a Project Arborist

2. Details of the appointed project arborist must be submitted to Council and the Principal Certifier with the application for the construction certificate.

Reason: To ensure appropriate monitoring of trees to be retained.

21. Electric Vehicle (EV) Ready Connections [dwelling houses]

Prior to the issue of the relevant Construction Certificate, the following must be demonstrated to the satisfaction of the Principal Certifier:

1. The garage must be provided with a private Electric Vehicle (EV) connection.

2. All EV charging infrastructure is to comply with the applicable Electric Vehicle safety and energy consumption data collection requirements of the National Construction Code.

Note: Private EV connection is the provision of a minimum 15A circuit and power point to enable easy future EV connection in the garage connected to the main switch board.

Reason: To encourage and support the use of electric vehicles.

22. Appointment of a Project Geotechnical Engineer

1. A Geotechnical Report must be prepared by a suitably qualified geotechnical engineer and must include recommendations for the construction of the dwelling and retaining walls.

2. An appropriately qualified Geotechnical Engineer shall be appointed to ensure that all development works, inclusive of demolition, earthworks and construction is undertaken generally in accordance with the recommendations of the approved Geotechnical Report Ref: 37196Zrpt prepared by JK Geotechnics dated 3 January 2025 and any additional recommendations of the Project Geotechnical Engineer.

23. Waste Management Plan

1. A waste management plan prepared generally in accordance with Appendix 3 of Councils DA Submission Guideline for the work must be submitted to the principal certifier to their satisfaction.

2. The waste management plan must:

a) Identify all waste (including excavation, demolition and construction waste materials) that will be generated by the work on the site, and

b) Identify the quantity of waste material in tonnes and cubic metres to be

c) Reused on-site, and

d) Recycled on-site and off-site, and

e) Disposed of off-site, and

f) If waste materials are to be reused or recycled on-site - specify how the waste material will be reused or recycled on-site, and

g) If waste materials are to be disposed of or recycled off-site - specify the contractor who will be transporting the materials and the waste facility or recycling outlet to which the materials will be taken.

Reason: To ensure waste generated is appropriately disposed of.

BEFORE BUILDING AND DEMOLITION WORK COMMENCES

Condition

24. 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).

25. Asbestos Removal Signage

Reason: To alert the public to any danger arising from the removal of asbestos.

26. 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); and.

5. Council’s separate written approval is required prior to the erection of any temporary hoarding, fence or awning on or over public land. The erection of a hoarding must be applied for via Council’s Online Services Portal together with details showing the location and type of hoarding.

Note: The Hoarding/ Temporary Fencing application must be lodged via Council’s Online Services Portal at:

https://hornsbyprd-pwy-epw.cloud.infor.com/ePathway/Production/Web/Default.aspx and by selecting the following menu options: My Applications > New Applications > Under ‘Application Types’: Hoarding/ Temporary Fencing Applications.

6. Where any part of the road or footpath is required to be occupied or closed during any stage of works, including demolition, excavation, construction or remediation, a temporary full / partial road or footpath closure permit must be approved by Council. The permit must be applied for via Council’s Online Services Portal.

Note: A Temporary Road/ Footpath Closure application must be lodged via Council’s Online Services Portal at:

https://hornsbyprd-pwy-epw.cloud.infor.com/ePathway/Production/Web/Default.aspx and by selecting the following menu options: Under ‘Roads, Traffic and Parking’: Temporary Full/ Partial Road Closure.

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

27. 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.

28. Toilet Facilities

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.

Reason: To ensure adequate toilet facilities are provided.

29. Erosion and Sediment Control Measures

1. The publication Managing Urban Stormwater: Soils and Construction 2004 (4th edition) - ‘The Blue Book’.

2. Protection of the Environment Operations Act 1997; and

3. The approved plans.

4. Controls are to be monitored and adjusted where required throughout the works to ensure compliance with the above.

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

30. Installation of Tree Protection Measures

1. Trees to be retained as identified on the Tree Location Plan within the Arboricultural Impact Assessment prepared by Selena Hannan Consulting Arborist dated 3 January 2025 must have tree protection measures for the ground, trunk and canopy installed by the project arborist as follows:

a) For the duration of demolition works, in accordance with the Tree Protection Plan for prepared by Selena Hannan Consulting Arborist dated 3 January 2025.

b) For the duration of construction works, in accordance with Tree Protection Plan prepared by Selena Hannan Consulting Arborist dated 3 January 2025.

2. 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.

3. 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.

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

Reason: To protect trees during construction.

31. Waste Management Details

Prior to the commencement of any works, the on-going waste collection service must be cancelled for Nos. 316 and 318 Malton Road North Epping, and the bins retrieved by the waste collection service provider.

Note: For residential properties, Council is the waste collection service provider.

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

32. Garbage Receptacle

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

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

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

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

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

DURING BUILDING AND DEMOLITION WORK

Condition

33. 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.

34. 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

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

35. 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.

36. Environmental Management (Air Pollution)

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.

37. Street Sweeping

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

Reason: To minimise impacts to the natural environment.

38. Council Property

To ensure that the public reserve is kept in a clean, tidy, and safe condition during remediation, demolition, excavation and construction works:

Reason: To protect public land.

39. Disturbance of Existing Site

Reason: To protect the natural features of the site.

40. Soil Management (Excavation and Fill)

4. Virgin Excavated Natural Material as defined in Schedule 1 of the Protection of the Environment Operations Act 1997, or

5. A material identified as being subject to a resource recovery exemption by the NSW EPA, or

6. A combination of Virgin Excavated Natural Material as defined in Schedule 1 of the Protection of the Environment Operations Act 1997 and a material identified as being subject to a resource recovery exemption by the NSW EPA.

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

Reason: To ensure soil removed from the site is appropriately disposed of and soil imported to the site is not contaminated and is safe for future occupants.

41. 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:

2. The building, retaining walls and the like have been correctly positioned on the site; and

3. The finished floor levels are in accordance with the approved plans.

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

42. 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.

43. Maintenance of Public Footpaths

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

Reason: To maintain safe pedestrian movement.

44. Compliance with Construction Management Plan

The Council approved Construction Management Plan (CMP) must be complied with for the duration of works, unless otherwise approved by Council.

Reason: To ensure implementation of construction measures to protect the public and the surrounding environment.

45. Compliance with Geotechnical Report

The recommendations of the Geotechnical Report and any other recommendations of the Project Geotechnical Engineer must be complied with for the duration of works.

Reason: To ensure recommendations of the geotechnical report and project geotechnical engineer are complied with.

46. Removal of Trees

1. This development consent permits the removal of trees numbered 1, 3, 4, 8, 22, 23, 27, 28A, 28B, 29, 30, 31, 32, 33, 35, 36, 40, 41, 42, 43, 44, 45, 46, 47 and 48 as identified on pages 39 and 40 in the Arboricultural Impact Assessment prepared by Selena Hannan Consulting Arborist dated 3 January 2025.

2. This development consent permits the transplantation of three trees numbered 11, 25A and 25B elsewhere within the site located over 3 metres from the foundation of buildings as identified on pages 39 and 40 in the Arboricultural Impact Assessment prepared by Selena Hannan Consulting Arborist dated 3 January 2025.

Note: The removal of any other trees from the site requires separate approval by Council in accordance with Part 1.2.6 Tree and Vegetation Preservation of the Hornsby Development Control Plan, 2024.

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

47. 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:

1. Soil cutting or filling, including excavation and trenching.

2. Soil cultivation, disturbance, or compaction

3. Stockpiling storage or mixing of materials

4. The parking, storing, washing, and repairing of tools, equipment, and machinery.

5. The disposal of liquids and refuelling

6. The disposal of building materials

7. The siting of offices or sheds

8. Any action leading to the impact on tree health or structure.

Reason: To protect trees during construction.

48. Maintaining the Health of Trees Approved for Retention

The appointed project arborist must monitor and record any and all necessary actions required to maintain tree health and condition for trees numbered 2, 5, 6, 7, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 24, 26, 34, 37, 38, 39 and 49 on the approved plans.

Reason: To ensure appropriate monitoring of trees to be retained.

49. Approved Works within Tree Protection Zone Incursions

1. 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:

a) Using sharp secateurs, pruners, handsaws, or chainsaws with the final cut being clean.

b) The maximum diameter of roots permitted to be cut is 30mm.

2. The new driveway must be constructed using the following process:

a) To minimise soil compaction the proposed driveway must be built above grade using sensitive construction techniques in the form of piers or screw pilings.

b) To minimise soil compaction all imported material in the vicinity of the replacement driveway must be distributed by hand.

3. Approved excavations within the Tree Protection Zone of trees to be retained numbered 2, 5, 6, 7, 9, 10, 12, 14 and 21 not associated with installation of services must be undertaken as follows:

a) Excavations associated with the basement and building footprint and within the Tree Protection Zone of trees numbered 2, 5, 6, 7, 9, 10, 12, 14 and 21 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.

4. To minimise impacts within the Tree Protection Zone (TPZ) of trees numbered 2, 5, 6, 7, 9, 10, 12, 14 and 21 on the approved plans, the installation of services must be undertaken as follows:

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

b) 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.

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

a) Installation of a 100mm deep layer of woodchip; and

b) Installation of geotextile fabric ground covering; and

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

Reason: To protect trees during construction.

50. Building Materials and Site Waste

Reason: To protect trees during construction.

51. Unexpected Finds

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

52. De-watering of Excavated Sites

Water that accumulates within an excavation must be removed and disposed of in a manner that does not result in the pollution of waters, nuisance to neighbouring properties, or damage to neighbouring land and/or property.

Reason: To document the safe removal of water during work to protect the public and the surrounding environment.

53. 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.

54. Soil and Water Management (Stockpiles)

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.

55. Storage and Removal of Waste

Reason: To ensure the site is maintained to an appropriate standard cleanliness and prevent any nuisance or danger to health, safety or the environment.

56. Vehicular Crossing

1. A separate application under the Local Government Act 1993 and the Roads Act 1993 must be submitted to Council for the installation of two new vehicular crossings, the removal of two redundant crossings and replacement of one vehicular crossing. The vehicular crossing must be constructed in accordance with AUS-SPEC Specifications (www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-conditions) and the following requirements:

2. Any redundant crossings must be replaced with integral kerb and gutter.

3. The footway area must be restored by turfing.

Reason: To provide safe vehicle and pedestrian access.

BEFORE ISSUE OF AN OCCUPATION CERTIFICATE

Condition

57. 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.

58. Domestic Solid Fuel Burning Appliance Installation

Certification must be submitted to Council prior to issue of the Occupation Certificate stating that the installation was completed by an appropriately experienced and qualified person in accordance with the Building Code of Australia and Australian Standard AS2918:2018 Domestic solid fuel burning appliances - Installation.

Reason: To ensure compliance with appropriate environmental standards to maintain air quality.

59. Replacement Tree Requirements

1. The trees approved for removal under this consent, being trees numbered 1, 3, 4, 8, 22, 23, 27, 28A, 28B, 29, 30, 31, 32, 33, 35, 36, 40, 41, 42, 43, 44, 45, 46, 47 and 48 must be offset through replacement planting of a minimum of 10 trees.

a) Trees numbered 11, 25a and 25b are to be transplanted as per the approved Arboricultural Impact Assessment prepared by Selena Hannan Consulting Arborist dated 3 January 2025 and under the supervision of the project arborist.

b) The location of the transplanted trees must be in either the front or rear setbacks and planted 4 metres or greater from the foundation walls of the approved development.

3. The location and size of tree replacement planting must comply with the following:

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

b) The pot size of the replacement trees must be a minimum 45 litres.

c) All replacement trees must be a minimum of 3 metres in height.

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

Reason: To ensure replacement planting to maintain tree canopy.

60. Final Certification by Project Arborist

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

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

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

3. Dates, times, and reasons for all site attendance; and

4. All works undertaken to maintain the health of retained trees; and

5. 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.

61. Asbestos Clearance Certificate

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

62. Damage to Council Assets

Reason: To ensure public infrastructure and property is maintained.

63. Creation of Easements

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

1. The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention/retention systems and outlet works, within the lots in favour of Council in accordance with Council’s prescribed wording. The position of the on-site detention system is to be clearly indicated on the title.

2. To register the OSD easement, the restriction on the use of land “works-as-executed” details of the on-site-detention system must be submitted verifying that the required storage and discharge rates have been constructed in accordance with the design requirements. The details must show the invert levels of the on-site system together with pipe sizes and grades. Any variations to the approved plans must be shown in red on the “works-as-executed” plan and supported by calculations.

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

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

64. Retaining Walls

All retaining walls must be constructed as part of the development and prior to the issue of an Occupation Certificate.

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

65. Boundary Fencing

The exact location, design and costing for the erection of boundary fencing are to be the subject of negotiation and agreement in accordance with the relevant requirements of the Dividing Fences Act 1991.

Note: Alternative fencing may be erected subject to the written consent of the adjoining property owner(s).

Reason: To provide amenity to the site and adjoining development.

66. Submission of Excavated Material Tipping Dockets to Principal Certifier

Reason: To confirm appropriate disposal of excavated material.

67. Construction of Engineering Works.

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

Reason: To ensure engineering works are completed.

68. Consolidation of Allotments

All allotments the subject of this consent must be consolidated into one allotment.

Note: The applicant is recommended to submit the plan of subdivision to consolidate allotments to the NSW Department of Lands at least 4-6 weeks prior to seeking an occupation certificate.

Reason: To ensure the orderly development of the site.

69. Certification of Geotechnical Requirements.

A Certificate prepared by an accredited Geotechnical Engineer Consultant is to be provided to the Principal Certifier (PC) certifying the completion of all works required by the approved Geotechnical Reports and all other recommendations provided by the appointed geotechnical engineer prior to the issue of the Occupation Certificate.

Reason: To ensure all bushfire protection measures are implemented to protect life and property.

OCCUPATION AND ONGOING USE

1. Condition

70. Use of Premises

The development approved under this consent shall be used for a dwelling house and not for any other purpose without Council’s separate written consent.

Reason: To ensure the use is undertaken with the terms of this consent.

- END OF CONDITIONS -