LPP Report No. LPP21/25

Local Planning Panel

Date of Meeting: 27/08/2025

3 DA/679/2025 - ALTERATIONS AND ADDITIONS TO A DWELLING HOUSE - 4 EASTCOTE ROAD, NORTH EPPING

DA No:	DA/679/2025 (PAN-543705 - Lodged on 16 June 2025)
Description:	Alterations & Additions to a dwelling house
Property:	Lot 4 DP 27760, No. 4 Eastcote Road, North Epping
Applicant:	ICR Design Pty Ltd
Owner:	Mr Glenn Anthony Guzzo & Ms Farah Jan Mohamed
Estimated Value:	$331,925.00
Ward:	C Ward
Clause 4.6 Request:	Clause 4.3 ‘Height of buildings’ in Hornsby Local Environmental Plan 2013
Submissions:	Nil
LPP Criteria:	Proposal contravenes a development standard by more than 10%
Author:	Rachel Hughes, 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, contravene Clause 4.3 Height of buildings Development Standard pursuant to Clause 4.6 of the Hornsby Local Environmental Plan 2013, as it is satisfied that the applicant has demonstrated that the provisions of Clause 4.6(3)(a) and (b) have been met.

B. THAT the Hornsby Local Planning Panel, exercising the functions of Council as the consent authority, approve Development Application No. DA/679/2025 for alterations and additions to a dwelling house at Lot 4 DP 27760, No. 4 Eastcote Road, North Epping subject to the conditions of consent in Schedule 1 of LPP Report No. LPP21/25.

EXECUTIVE SUMMARY

· The application involves alterations and additions to a dwelling house, comprising a first floor addition and associated works.

· The proposal does not comply with the 8.5m maximum height of buildings control in Clause 4.3 ‘Height of buildings’ of the Hornsby Local Environmental Plan 2013 (HLEP). The applicant has made a submission in accordance with Clause 4.6 ‘Exceptions to development standards’ of the HLEP to contravene Clause 4.3. The submission is considered well founded and is supported.

· No submissions have been received in respect of the application.

· It is recommended that the application be approved.

SITE

The 986.4m² site is located on the south-western side of Eastcote Road. It contains a single storey dwelling with basement garage. It also contains several trees and garden beds.

The site is surrounded by low density residential development.

The site experiences approximately 3m fall towards the south-eastern boundary. It is identified as steep (slope >20%) land.

The site is not identified as bushfire prone land nor flood prone land.

The site is burdened by an easement for support (variable width) along the front boundary. A Sydney Water Sewer Line crosses through the middle of the site.

The site does not contain a heritage listed item, is not located within a heritage conservation area, and is not in the vicinity of any heritage listed items.

Council’s mapping does not identify any significant ecological communities on or adjoining the site.

The site is serviced by existing water supply, power supply, telecommunications, wastewater, stormwater, and access infrastructure.

PROPOSAL

The application proposes alterations and additions to a dwelling house.

The basement (no changes proposed) comprises:

· Single garage

· Laundry

· Two storage areas

The ground floor (as altered) would comprise:

· Front deck and entry (no change)

· Two living rooms (no change)

· Open plan kitchen/dining (no change)

· Study (no change)

· Two bedrooms (no change)

· Bathroom with separate WC (reconfigured)

· Laundry (reconfigured)

· Rear deck (no change)

The first floor (new) would comprise:

· Living room

· Two bedrooms with WIR

· Bathroom

The tiled roof is proposed to be replaced with a metal roof and the external stairs to the front deck are proposed to be relocated.

The proposed works also include the construction of a carport.

Partial demolition works are proposed to accommodate the proposed alterations and additions.

One tree is proposed for removal.

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.

2. STATUTORY CONTROLS

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

2.1 Hornsby Local Environmental Plan 2013

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

2.1.1 Zoning of Land and Permissibility

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

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

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

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

2.1.2 Height of Buildings

Clause 4.3 of the HLEP provides that the height of a building on any land should not exceed the maximum height shown for the land on the Height of Buildings Map. The maximum permissible height for the subject site is 8.5 metres. The proposal has a maximum height of 9.5 metres and does not comply with this provision.

2.1.3 Exceptions to Development Standards

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

The proposal exceeds the 8.5m maximum height of buildings control in Clause 4.3 ‘Height of buildings’ of the HLEP.

The objective of Clause 4.3 ‘Height of buildings’ is:

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

The applicant has made a submission in support of the contravention to the development standard in accordance with Clause 4.6 of the HLEP. Clause 4.6 provides that:

(3) Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant has demonstrated that—

(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and

(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note: The Environmental Planning and Assessment Regulation 2021 requires a development application for development that proposes to contravene a development standard to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

In Initial Action Pty Ltd v Woollahra Municipal Council [2008] NSW LEC 118, Preston CJ clarified the correct approach to dealing with a written request under Clause 4.6 to justify the contravention of a development standard.

In relation to determining the matter under cl 4.6(3)(a), the unreasonable or unnecessary clause, the consent authority must be satisfied that the applicant’s written request adequately addresses the matter as opposed to of making its own judgement regarding whether compliance is unreasonable or unnecessary. Additionally, the clause does not require that a non-compliant development should have a neutral or beneficial effect relative to a compliant development.

In relation to determining the matter under cl 4.6(3)(b), the environmental planning grounds clause, non-compliant development is not required to result in a ‘better environmental planning outcome for the site’ relative to a compliant development. Instead, the requirement is only that there are sufficient environmental planning grounds to justify the development standard contravention.

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

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

There are five common methods by which an applicant can demonstrate that compliance with a development standard is unreasonable or unnecessary in the circumstances of the development. Initially proposed for objections under clause 6 of SEPP 1 in the decision of Wehbe v Pittwater Council [2007] NSWLEC 827 Pearson C summarised and applied these methods to written requests made under Clause 4.6 in Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009 [61-62]. These five methods are generally as follows:

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

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

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

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

· The zoning of the land is unreasonable or inappropriate.

It is not required to demonstrate that a development meets multiple methods as listed above, and the satisfaction of one can be adequate to demonstrate that the development standard is unreasonable or unnecessary.

The written request prepared by ICR Design (undated, Council ref: D09175743) provides a detailed assessment of the proposal with respect to the development standard sought to be contravened. The request argues that:

· The proposed alterations and additions have been designed to work with the cross fall on the site. The proposed encroachment is only minimal and does not become dominant within the streetscape, maintaining the existing architectural character of both the existing dwelling and the locality.

· As the proposed encroachment is minor given the site’s characteristics, we feel that compliance with the numerical standard is unnecessary in this instance, considering that the proposal represents a building outcome that is appropriate for the site.

· As Council had previously approved a number of surrounding developments with similar site characteristics in the locality of North Epping, compliance in this instance could be deemed unreasonable as the precedent has already been set.

· Currently, the site contains a residential dwelling. This outcome is not to be altered by the proposal.

· As the proposal meets all of the objectives of the zone as well as all but one control of the zone, it is considered to be in the public interest for the proposed works to be approved, as they are consistent with surrounding residential development within the locality.

Council notes that the objectives of Clause 4.3 ‘Height of buildings’ of the HLEP are as follows:

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

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

· The height contravention is largely attributed to the excavation that occurred for the existing garage.

· The overall height of the proposed addition has been stepped down the site, following the topography of the streetscape.

· The bulk proposed addition has been positioned on the site where it will have the least visual and shadowing impacts on the streetscape and adjoining developments.

· The Clause 4.6 variation request includes justification on why the preferred design response is the proposed layout submitted.

· Alternative designs, such as a ground floor extension, would have significant adverse environmental impacts, including loss of open space and vegetation and associated excavation and fill works on a sloping site.

For the reasons outlined above, it is considered that the written request to contravene the height of building standard adequately demonstrates that the objectives of the 8.5m maximum height of buildings development standard contained within Clause 4.3 of the HLEP are achieved, notwithstanding non-compliance with the standard.

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

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

In addition to demonstrating that compliance is unreasonable or unnecessary, Clause 4.6(3)(b) requires that there are sufficient environmental planning grounds to justify contravening the development standard. In demonstrating that sufficient environmental planning grounds exist it must be demonstrated that the planning grounds are particular to the circumstances of the development on the subject site (summarised from Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009 [60].

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

· As the proposed alterations and additions meet the objectives of the majority of the DCP and LEP requirements, compliance with the numerical control in relation to the maximum building height would not represent a beneficial outcome for the owners in this instance.

Consideration was given to other design options, principally a single storey extension to the rear of the existing dwelling. This was not considered to be a positive outcome as it:

1. Substantially reduces the amount of natural light to the existing kitchen and indoor/outdoor living spaces, and

2. Was not a cost-effective design solution for the additional bedrooms that are required by the owners of the property.

As the additional space is predominantly to comprise additional bedrooms, the first floor option is more logical and less disruptive to the existing ground floor layout of the dwelling.

· The proposed alterations and additions are similar in bulk and scale to numerous other residential developments within the locality of North Epping. As the proposal meets the majority of the objectives and controls of both the LEP and DCP, the ability of the owners to realise a good design outcome would be severely impacted.

As previously mentioned, alternative design options were considered, however, the outcome would have compromised solar access to existing indoor/outdoor living spaces within the ground floor area of the dwelling as well as reducing the amount of private open space within the rear yard by a considerable amount.

· There is no additional adverse impact upon adjoining properties that would result should the application be approved, as the proposed bulk and scale is consistent with that already present within the locality.

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

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

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

Local Planning Panels constituted under the Environmental Planning and Assessment Act 1979 exercise consent authority functions on behalf of a Council and are not delegates of Council. Therefore, Local Planning Panels may determine a development application notwithstanding, a numerical non-compliance in excess of 10%.

Accordingly, it is considered that the written request satisfactorily responds to the relevant matters required to be addressed under Clause 4.6(3) and that the Panel, as the consent authority, may rely upon the written request and grant consent to the proposed development.

2.1.5 Heritage Conservation

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

2.1.6 Earthworks

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

Council’s assessment of the proposed works concludes that the proposed dwelling addition would not alter the footprint of the dwelling and is considered unlikely to impact on site stability. It is also noted that the proposed carport would be built over the existing driveway area and no associated earthworks are proposed.

Accordingly, no further assessment regarding earthworks is necessary.

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 2.3 of the policy states that a Development Control Plan may make a declaration in any manner relating to species, size, location and presence of vegetation. Accordingly, Part 1.2.6.1 of the Hornsby Development Control Plan 2013 (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 includes an assessment of vegetation impacts, in accordance with Part 1.2.6.1 Tree Preservation of the HDCP.

2.2.2 Chapter 6 Water Catchments

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

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

2.3 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 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 (Certificate number: A1790942) 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.

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

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

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

2.6 Hornsby Development Control Plan 2024

The proposed development has been assessed having regard to the relevant desired outcomes and prescriptive requirements within the Hornsby Development Control Plan 2024 (HDCP). The following table sets out the proposal’s compliance with the prescriptive requirements of the Plan:

HDCP – Part 3.1 Dwelling Houses
Control	Proposal	Requirement	Complies
Site Area	986.4m²	N/A	N/A
Building Height	9.5m	max. 8.5m	No
No. storeys	2 + basement	max. 2 + attic	Yes
Site Coverage	No change	max. 40%	N/A
Floor Area	242.9m²	max. 430m²	Yes
Setbacks (dwelling)
- Front (north-east)	No change	min. 6m	N/A
- Side (north-west)
Ground floor	No change	min. 9m	N/A
First floor	2.5m	min. 1.5m	Yes
- Side (south-east)
Ground floor	No change	min. 0.9m	N/A
First floor	3.4m	min. 1.5m	Yes
- Rear (south-west)
Ground floor	No change	min. 3m	N/A
First floor	30m	min. 8m	Yes
Setbacks (carport)
- Front (north-east)	9.7m	min. 6m	Yes
- Side (south-east)	0.9m	min. 0.9m	Yes
Landscaped Area (% of lot size)	>40%	min. 40%	Yes
Private Open Space
- minimum area	No change	24m²	N/A
- minimum dimension	No change	3m	N/A
Car Parking	2 spaces	2 spaces	Yes

As detailed in the above table, the proposed development complies with the prescriptive measures within the HDCP, notwithstanding the proposed height non-compliance. 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 Sunlight Access

The desired outcomes of Part 3.1.5 Sunlight Access of the HDCP are to provide reasonable sunlight access to open space areas on development sites and neighbouring sites.

This is supported by prescriptive measures which require residential development to allow a minimum of 3 hours unobstructed sunlight to reach at least 50% of the private open space on the development site and adjoining sites, between 9am and 3pm on 22 June.

The development application includes sunlight access diagrams which show that more than 50% of the subject site’s own private open space and the southern adjoining property will continue to receive at least 3 hours of unobstructed sunlight. The proposed development would have no overshadowing impacts on the northern or western adjoining properties.

The proposed development therefore complies with Part 3.1.5 Sunlight Access of the HDCP and is acceptable in this regard.

2.6.2 Privacy

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

This is supported by prescriptive measures, including:

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

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

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

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

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

The proposed first floor addition includes a living room on the first floor.

However, it is noted that this living room faces the rear boundary and is setback more than 30m from the rear adjoining property.

Accordingly, the proposed development would achieve the desired outcome of Part 3.1.6 Privacy of the HDCP and is acceptable in this regard.

2.6.3 Vehicle Access and Parking

The desired outcome of Part 3.1.7 Vehicle Access and Parking of the HDCP is “development that provides sufficient and convenient parking for residents with vehicular access that is simple, safe, and direct”.

This is supported by prescriptive measures, including:

a) Car parking for dwellings should be provided behind the front building line.

The proposed development includes construction of a carport over the existing hardstand parking area in front of the dwelling house. This does not comply with prescriptive measure 3.1.7(a).

It is noted that the proposed carport is open walled and flat roofed, is located lower than the street, and would be partially screened from view by existing landscaping on the site. It is also noted that the location of the dwelling on the site prevents alternative improvements to the parking opportunities on the site.

Accordingly, the proposed development would achieve the desired outcome of Part 3.1.7 Vehicle Access and Parking of the HDCP and is acceptable in this regard.

2.7 Section 7.12 Contributions Plan

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.

2.8 Housing and Productivity Contribution

The Housing and Productivity Contribution does not apply to the development as it would not result in any additional lots nor any additional floor area for industrial/commercial/retail development. Accordingly, the requirement for a monetary Housing and Productivity contribution is not recommended as a condition of consent.

3. Section 4.15(1)(a)(iv) - Provisions of Regulations

Section 61 of the 2021 EP&A Regulation contains matters that must be taken into consideration by a consent authority in determining a development application, with the following matters being relevant to the proposal:

(1) In determining a development application for the demolition of a building, the consent authority must consider the Australian Standard AS 2601—2001: The Demolition of Structures.

(2) In determining a development application for the carrying out of development on land that is subject to a subdivision order under the Act, Schedule 7, the consent authority must consider—

(a) the subdivision order, and

(b) any development plan prepared for the land by a relevant authority under that Schedule.

(3) In determining a development application for development on the following land, the consent authority must consider the Dark Sky Planning Guideline—

(a) land in the local government area of Coonamble, Gilgandra, Warrumbungle Shire or Dubbo Regional,

(b) land less than 200 kilometres from the Siding Spring Observatory, if the development is—

(i) State significant development, or

(ii) designated development, or

(iii) development specified in State Environmental Planning Policy (Planning Systems) 2021, Schedule 6.

(4) In determining a development application for development for the purposes of a manor house or multi dwelling housing (terraces), the consent authority must consider the Low Rise Housing Diversity Design Guide for Development Applications published by the Department in July 2020.

(5) Subsection (4) applies only if the consent authority is satisfied there is not a development control plan that adequately addresses the development.

(6) In determining a development application for development for the erection of a building for residential purposes on land in Penrith City Centre, within the meaning of Penrith Local Environmental Plan 2010, the consent authority must consider the Development Assessment Guideline: An Adaptive Response to Flood Risk Management for Residential Development in the Penrith City Centre published by the Department on 28 June 2019.

This application proposes the partial demolition for the first floor addition. In recommending consent, Council has imposed specific conditions to ensure that the demolition of structures complies with Australian Standard AS 2601-2001 Demolition of structures.

Subsections (2)-(6) are not required to be considered as part of this application.

Therefore, subject to conditions, Council is satisfied that the application meets the requirements of Clause 61 of the Environmental Planning and Assessment Regulations 2021.

4. 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”.

4.1 Natural Environment

4.1.1 Tree Preservation

Part 1.2.6.1 Tree Preservation of the HDCP sets out the requirements for tree protection, including which trees require Council approval prior to removal.

One tree (T5 ‘Camellia sasanqua’) is proposed for removal to accommodate the proposed carport and driveway.

The development application includes an Arboricultural Impact Assessment (AIA) prepared by Hugh the Arborist, dated 19 May 2025. This report notes that T5 is low retention value and capable of being offset with replacement planting. The report also includes recommended protection measures for the trees to be retained.

Conditions of consent are recommended requiring protection works consistent with the recommendations of the AIA.

Subject to the recommended conditions of consent, the proposed development is consistent with Part 1.2.6.1 Tree Preservation of the HDCP and is acceptable in this regard.

4.1.2 Stormwater Management

The desired outcomes of Part 1.3.1.2 Stormwater Management of the HDCP are “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”.

The development application includes a stormwater concept plan prepared by ICR Design, dated 7 March 2025. This plan shows all roof connecting to the existing system, comprising rainwater tanks and an absorption pit.

Subject to the recommended conditions of consent, the proposed development would achieve the desired outcomes of Part 1.3.1.2 Stormwater Management of the HDCP and is acceptable in this regard.

4.1.3 Earthworks and Slope

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

These are supported by prescriptive measures, including:

e) Sloping sites with a gradient in excess of 20% require certification from a geotechnical engineer as to the stability of the slope in regard to the proposed design.

The subject site is identified as steep (slope >20%) land.

However, it is noted that the proposed dwelling addition would not alter the footprint of the dwelling and is considered unlikely to impact on site stability. It is also noted that the proposed carport would be built over the existing driveway area, and no associated earthworks are proposed.

Accordingly, the proposed development would achieve the desired outcomes of Part 1.3.1.4 Earthworks and Slope of the HDCP and is acceptable in this regard.

4.2 Built Environment

As previously discussed in Section 2.6 of this report, the proposed alterations and additions would not result in any detrimental impacts to the built environment and the proposal is supported as it is reasonably compatible with the established streetscape and mitigates site-specific amenity conflicts and constraints.

4.3 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.

4.4 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.

5. 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.

6. PUBLIC PARTICIPATION

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

6.1 Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 24 June 2025 to 8 July 2025 in accordance with the Hornsby Community Engagement Plan. During this period, Council did not receive any submissions. The map below illustrates the location of those nearby landowners who were notified.

NOTIFICATION PLAN

PROPERTIES NOTIFIED

X SUBMISSIONS

RECEIVED

PROPERTY SUBJECT OF DEVELOPMENT

7. 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 criteria and would provide a development outcome that, on balance, would result in a positive impact for the community. Accordingly, it is considered that the approval of the proposed development would be in the public interest.

CONCLUSION

The application proposes alterations and additions to a dwelling house.

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

Council did not receive any submissions during the public notification period.

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

The reasons for this decision are:

· In accordance with Clause 4.6(4) of the Hornsby Local Environmental Plan 2013, Council is satisfied that the applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6(3) of the Hornsby Local Environmental Plan 2013 that:

o Compliance with the development standard is both unreasonable and unnecessary in the circumstances of the case, and

o There are sufficient environmental planning grounds to justify contravening the development standard.

· The proposed development would be in the public interest because it is consistent with the objectives of Clause 4.3 ‘Height of buildings’ development standard and the objectives for development within the zone in which the development is proposed to be carried out.

· The proposed development complies with the requirements of the relevant environmental planning instruments and the Hornsby Development Control Plan 2024 other than building height.

· The proposed development does not create unreasonable environmental impacts to adjoining development with regard to visual bulk, solar access, 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.⇩	Clause 4.6 Request
2.⇩	Architectural Plans
3.⇩	Arboricultural Impact Assessment

File Reference: DA/679/2025

Document Number: D09177709

SCHEDULE 1

GENERAL CONDITIONS

Condition

1. Approved Plans and Supporting Documentation

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

Approved Plans

Plan No.	Plan Title	Drawn by	Dated	Council Reference
A.03 Rev D	Site Plan	ICR Design Pty Ltd	21 July 2025
A.04 Rev D	Demolition Plan	ICR Design Pty Ltd	21 July 2025
A.07 Rev D	Ground Floor Plan	ICR Design Pty Ltd	21 July 2025
A.08 Rev D	First Floor Plan	ICR Design Pty Ltd	21 July 2025
A.09 Rev D	Basement Plan	ICR Design Pty Ltd	21 July 2025
A.10 Rev D	Roof Plan	ICR Design Pty Ltd	21 July 2025
A.11 Rev D	Elevations 1 and Materials and Finishes	ICR Design Pty Ltd	21 July 2025
A.12 Rev D	Elevations 2	ICR Design Pty Ltd	21 July 2025
A.13 Rev D	Sections 1	ICR Design Pty Ltd	21 July 2025
A.20 Rev D	Sections 2	ICR Design Pty Ltd	21 July 2025
A.14 Rev D	Window Schedule	ICR Design Pty Ltd	21 July 2025
A.15 Rev D	Door Schedule	ICR Design Pty Ltd	21 July 2025

Supporting Documentation

Document Title	Prepared by	Dated	Council Reference
Arboricultural Impact Assessment	Hugh the Arborist	19 May 2025	D09147320
BASIX Certificate No. A1790942	ICR Design Pty Ltd	8 April 2025	D09147323
Stormwater Concept Plan (Drawing number: SW01, Issue A)	ICR Design Pty Ltd	7 March 2025	D09147333
Waste Management Plan	ICR Design Pty Ltd	10 April 2025	D09147335

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

2. No Clearing of Vegetation

1. Unless otherwise exempt, no vegetation is to be cleared prior to issue of a Construction Certificate.

2. Details demonstrating compliance are to be submitted to the Certifier prior to issue of a Construction Certificate.

Reason: To protect vegetation on the site.

3. 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.

4. 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, $3,319.25 must be paid towards the provision, extension or augmentation of public amenities or public services, based on development costs of $331,925.00.

2. The value of this contribution is current as of 28 July 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.

DEMOLITION AND BUILDING WORK

BEFORE ISSUE OF A CONSTRUCTION CERTIFICATE

Condition

5. 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).

6. 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).

7. Notification of Home Building Act 1989 Requirements

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

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

a) The name and licence number of the principal contractor; and

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

2. In the case of work to be done by an owner-builder:

a) The name of the owner-builder; and

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

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

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

8. Stormwater Drainage – Dwellings

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

1. Connected to the existing internal drainage system.

2. Roof water must be connected to a rainwater tank having a minimum capacity in accordance with BASIX requirements.

3. The overflow from the rainwater tank and collected surface water must be disposed of in accordance with

AUS-SPEC Specifications (www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-conditions) and the following requirements:

a) The stormwater drainage system must be designed by a qualified hydraulic engineer.

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

9. Appointment of a Project Arborist

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.

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 DEMOLITION OR BUILDING WORK COMMENCES

Condition

10. 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).

11. 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.

12. 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.

13. 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.

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.

14. Installation of Tree Protection Measures

Trees to be retained and numbered T1, T2, T3, T4, T6, T7, and T8 as identified in the Arboricultural Impact Assessment prepared by Hugh the Arborist, dated 19 May 2025 must have tree protection measures for the ground, trunk and canopy installed by the project arborist as follows:

1. For the duration of demolition and construction works, in accordance with Appendix 1A Tree Protection Plan of the Arboricultural Impact Assessment prepared by Hugh the Arborist, dated 19 May 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. The circumference of the trunk(s) must be wrapped in hessian material to provide cushioning for the installation of timber planks.

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

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

7. 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.

Reason: To protect trees during construction.

15. 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.

DURING DEMOLITION AND BUILDING WORK

Condition

16. 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.

17. 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.

18. Environmental Management (Air Pollution)

The Applicant must take all reasonable steps to minimise dust generated during all works (including remediation, demolition, earthworks and construction) authorised by this consent. During works, the Applicant must ensure that:

1. Exposed surfaces and stockpiles are suppressed by regular watering.

2. All trucks entering or leaving the site with loads have their loads covered.

3. Trucks associated with the development do not track dirt onto the public road network.

4. Public roads used by these trucks are kept clean; and

5. Land stabilisation works are carried out progressively on site to minimise exposed surfaces.

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

19. Council Property

To ensure that the public reserve is kept in a clean, tidy, and safe condition during remediation, demolition, 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.

20. Disturbance of Existing Site

During construction works, the existing ground levels of open space areas and natural landscape features, including natural rock-outcrops, vegetation, soil, and watercourses must not be altered unless otherwise nominated on the approved plans.

Reason: To protect the natural features of the site.

21. Landfill Not Permitted

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

Reason: To minimise environmental impacts from landform modification.

22. Removal of Trees

1. This development consent permits the removal of tree numbered T5 as identified in the Arboricultural Impact Assessment prepared by Hugh the Arborist dated 19 May 2025.

2. No consent is granted for the removal of trees numbered T1, T2, T3, T4, T6, T7, and T8 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.

23. Survey Report

A report(s) must be prepared by a registered surveyor and submitted to the Principal Certifier:

1. Prior to the pouring of concrete at each level of the building certifying that:

a) The building, retaining walls and the like have been correctly positioned on the site; and

b) The finished floor level(s) are in accordance with the approved plans.

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

24. 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.

25. 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.

26. 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.

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

27. 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.

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

3. To minimise impacts within the Tree Protection Zone (TPZ) of trees to be retained, 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.

4. 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.

b) Installation of geotextile fabric ground covering.

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

Reason: To protect trees during construction.

29. Building Materials and Site Waste

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

30. Unexpected Finds

Should the presence of asbestos or soil contamination, not recognised during the application process be identified during any stage of works, the applicant must immediately notify the Principal Certifier and Council (compliance@hornsby.nsw.gov.au ).

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

31. 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.

32. 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.

BEFORE ISSUE OF AN OCCUPATION CERTIFICATE

Condition

33. 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.

34. 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.

35. 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.

- END OF CONDITIONS -