SUPPLEMENTARY
BUSINESS PAPER
Local Planning Panel meeting
Wednesday 29 July 2026
at 4:00 PM
SUPPLEMENTARY
BUSINESS PAPER
Local Planning Panel meeting
Wednesday 29 July 2026
at 4:00 PM
Hornsby Shire Council Table of Contents
Page 0
TABLE OF CONTENTS
SUPPLEMENTARY ITEMS
Item 2 LM8/26 DA/1104/2025 - Construction of a dwelling house and swimming pool - 21 John Radley Avenue, DURAL NSW 2158............................. 1
Planning and Compliance Division
Date of Meeting: 29/07/2026
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ITEM 1 |
LPP19/26 - DA/1104/2025 - Construction of a dwelling house and swimming pool - 21 John Radley Avenue, Dural |
Additional information with NO CHANGE to Recommendation
1. SUBMISSION OF ADDITIONAL INFORMATION
The applicant submitted a letter - Interim Audit Advice (IAA) ref: SCL250038.01 (prepared by Onterris, dated 24 July 2026) to Council on 28 July 2026. The document advises that a new remediation strategy would be proposed subject to future technical reports.
The submitted letter states:
The purpose of this IAA is to document the Site Auditor’s comments regarding the grounds of refusal relating to the Remediation Action Plan (RAP) and the mitigation measures for hazardous ground gas at the site. These comments have been based on a review of Council’s Local Planning Panel report (LPP19/26), discussions with Mr Vemareddy and changes to the design proposed by the consultant and author of the RAP, Metech Consulting.
The Auditor has been requested to review proposed design changes and assist the progress of the project by addressing comments made by Council on the RAP and supporting design documentation. It is understood that Mr Vemareddy will request a deferment of the decision and allow an update of the design to be developed and address the long-term management concerns of Council. This IAA will form part of a future Section A2 Audit.
Section 2 provides the Site Auditors response to the Council LPP comments. It is noted that the comments are further addressed in updated design elements and recommendations in Section 3 and 4.
2. ASSESSMENT OF INTERIM AUDIT ADVICE LETTER
With respect to the proposed design change, this is considered a substantially different remediation approach. Given the timing of the submission, Council is unable to provide detailed comments on the proposal at this stage. However, based on an initial review, the following information is likely to be required for further consideration:
1. Detailed design drawings and supporting documentation for the proposal.
2. An updated Earthworks Plan.
3. An updated Remediation Action Plan (RAP).
4. Detailed design specifications for the proposed membrane system, including appropriate modelling and performance assessment.
5. A Construction Quality Assurance Plan (CQA Plan) addressing the proposed remediation strategy and design.
6. Confirmation that the proposed design will not create preferential gas migration pathways or adversely affect existing landfill gas migration patterns.
7. An updated draft Long-Term Environmental Management Plan (ltemp).
8. A Site Audit Statement and accompanying Site Audit Report.
9. Re-referral of the development application to the EPA, having regard to the requirements of the ongoing maintenance order under the Contaminated Land Management Act and the covenant registered on the property, requiring epa approval.
10. An independent review of the proposal by a separate NSW-accredited site auditor.
The identified additional information is based on a preliminary assessment of the IAA and further information may be required after a detailed review.
Given the matters outlined above, it is anticipated that the applicant will require a considerable amount of time to prepare the necessary documentation and supporting information. Council will likewise require sufficient time to review and properly assess the proposal and associated reports.
Until a detailed assessment of the additional information required above is completed, Council is unable to confirm if the new remediation method would satisfy the EPA and Council in regard to clause 4.6(1) of State Environmental Planning Policy (Resilience and Hazards) 2021.
3. CONCLUSION
The applicant has provided an IAA which proposes a new remediation method which would require a detailed assessment.
There is insufficient time for Council to complete a detailed assessment of the new remediation approach. An extensive list of amended technical documents would be required to support a new remediation method which will take considerable time to submit to Council and the EPA for further assessment.
Until a detailed assessment of the additional information is completed, Council is unable to confirm if the new remediation method would satisfy the EPA and Council in regard to clause 4.6(1) of State Environmental Planning Policy (Resilience and Hazards) 2021.
The additional information does not change the recommendation of LPP19/26 and it is recommended the Panel refuse DA/1104/2025 for the reasons listed in LPP Report No. LPP19/26.
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THAT the Hornsby Local Planning Panel, exercising the functions of Council as the consent authority, refuse Development Application No. DA/1104/2025 for the construction of a dwelling house and swimming pool and the remediation of the site at Lot 40, DP 1007285, No. 21 John Radley Avenue, Dural for the reasons detailed in Schedule 1 of LPP Report No. LPP19/26. |
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Cassandra Williams Major Development Manager - Development Assessments Planning and Compliance Division |
Rod Pickles Manager - Development Assessments Planning and Compliance Division |
There are no attachments for this report.
File Reference: DA/1104/2025