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RECOMMENDATION
THAT Council assume the concurrence of the Secretary of
the Department of Planning and Environment pursuant to Clause 4.6 of the Hornsby
Local Environmental Plan 2013 and approve Development Application No.
DA/61/2022 for alterations and additions to a dwelling house at Lot 16 DP
240146, No. 21 Lowanna Place, Hornsby subject to the conditions of consent
detailed in Schedule 1 of LPP Report No. LPP17/22.
PANEL’S CONSIDERATION
AND DETERMINATION
The Panel considered the Clause 4.6 submission and is
satisfied that the applicant’s written request has adequately addressed
the matters required to be demonstrated by clause 4.6(3) of the HLEP and in accordance
with clause 4.6(4) of the HLEP, is satisfied that the proposed development
will be in the public interest because it is consistent with the objectives
of the ‘Height of Buildings’ development standard and the
objectives for development within the zone in which the development is
proposed to be carried out. The Panel resolved to adopt the officer’s
report recommendation and approve the proposed development, subject to the
conditions contained in Schedule 1 of the report and the following amendments:
Amend condition No. 3 to
read:
3. Removal
of Trees
a)
This development consent permits the removal of trees numbered 4, 12,
19, 21, 23 as identified on page 38 in the Arboricultural Impact Assessment
prepared by Arbor Central dated 13/09/2021.
b)
No consent is granted for the removal of trees numbered 2, 3, 5, 6, 7,
8, 9, 11, 13, 14, 15, 16, 17, 18, 20, 22 and 24 as these trees contribute to
the established landscape amenity of the area/ streetscape.
c)
No consent is granted to the removal of trees T1, T1a as these trees
are on adjoining properties. Removal of these trees would require separate
approval by Council.
Note:
The removal of any other trees from the site requires separate approval by
Council in accordance with Part 1B.6 Tree and Vegetation Preservation of the
Hornsby Development Control Plan, 2013 (HDCP
Amend condition No. 18(a) to
read:
18. Installation
of Tree Protection Measures
d)
Trees to be retained and numbered 2, 3, 5, 6, 7, 8, 9, 11, 13, 14, 15,
16, 17, 18, 20, 22 and 24 as identified on the Tree Location Plan prepared by
Tree Central 24/1/2022 D08334319 must have tree protection measures for trunk
installed by the project arborist as follows:
Amend condition No. 26 to
read:
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 numbered 2, 3, 5, 6, 7, 8, 9,
11, 13, 14, 15, 16, 17, 18, 20, 22 and 24 on the approved plans.
Amend condition No. 27 to
read:
27. Maintaining
Tree Protection Measures
Tree Protection
Measures must be maintained by the project arborist in accordance with
Condition No. 18 of this consent for the duration of work.
Amend condition No. 28 to
read:
37. Replacement
Tree Requirements
a)
The trees approved for removal under this consent, being trees
numbered 4, 12, 19, 21 and 23 must be offset through replacement planting of
a minimum of 5 trees.
b)
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
c)
The location and size of tree replacement planting must comply with
the following:
i)
All replacement trees must be located in either front or rear setbacks
and planted 4 metres or greater from the foundation walls of the approved
development.
ii)
The pot size of the replacement trees must be a minimum 45 litres.
iii)
All replacement trees must be a minimum of 3 metres in height.
iv)
iAll replacement trees must have the potential to reach a mature
height greater than 10 metres.
The reasons for this decision are:
·
The request under Clause 4.6 of Hornsby Local Environmental
Plan 2013 to contravene the ‘Height of buildings’ development
standard is well founded. Strict compliance with the development standard is
considered unreasonable and unnecessary in the circumstances of the case and
sufficient environmental planning grounds have been submitted to justify the
contravention to the development standard.
·
The proposed development generally complies with the
requirements of the relevant environmental planning instruments and the
Hornsby Development Control Plan 2013.
·
The proposed development does not create unreasonable
environmental impacts to adjoining development with regard to visual bulk,
overshadowing, solar access, amenity or privacy.
VOTING OF THE PANEL MEMBERS
FOR: Garry
Fielding, Linda McClure, Mary-Lynne Taylor, John Filocamo
AGAINST: NIL
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