Regulation 55 is couched inmuch wider terms than section 96 and does not include the substantially thesame development test that appears in section 96. In accordance with Council’s resolution on 14September 2016, the applicant submitted legal advice from Peter Tomasetti SC.The legal advice together with the above submissions, were referred toCouncil’s solicitor Pikes & Verekers, Lawyers for peer review. A number of creeks flow into Calabash Bay including FostersCreek, Banks Creek and Calabash Creek and form an extensive sand flat inCalabash Bay which is exposed at low tide.
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The proposed basement car park is to be constructed over twolevels and includes 38 resident and 5 visitor car parking spaces. The regular shaped site has an area of 1,729m2and is located on the eastern side of Citrus Avenue. The development generally meets the desired outcomes ofCouncil’s planning controls except for the floor area and number ofstoreys and is satisfactory having regard to the matters for considerationunder Section 79C of the Environmental Planning and Assessment Act, 1979. The application is considered to have satisfactorilyaddressed Council’s and relevant agencies’ criteria and wouldprovide a development outcome that, on balance, would result in a positiveimpact for the community.
The existing streetscape is defined by mainly single storeydwelling houses which include a range of housing from the Federation,Inter-War, Post-War and contemporary housing eras. A majority of houses on theeastern side of the street are setback to the rear of the lots clear of astormwater drainage line. The streetscape lacks cohesion in representing an erain Hornsby’s development due to the variation in setbacks and more recentdwellings. A compliant communal open space area has been provided inthe rear setback, which includes areas to encourage active and/or passiverecreation and social interaction between residents. To ensure this areais fully accessible to all residents and visitors, a solid paved path is to beprovided between the building lobby and the rear communal open space area, inplace of the bluestone pavers detailed on the submitted landscape plans.
The proposed building is of acceptable design in respect tothe adjoining school site. The flood constraint has been addressed by the proposed overland flowpath, rendering the site suitable for the development. A 750mm diameter stormwater drainage pipe is along the rearboundary of the site and forms part of Council’s stormwater drainagesystem. The proposed built form,façade treatment, materials and finishes are in accordance with theprescriptive measures for the desired future character of the area. The proposal is satisfactory in respect to the ADGobjective for solar and daylight access.
On 17 July 2015, the NSW RuralFire Service advised of its General Terms of Approval for a Bush Fire SafetyAuthority subject to recommended conditions. In accordance with Council’s adopted Policy PS41Proposed Council Developments and Practice Note No. 7 – AssessmentPractice, the assessment of the development application has been referredto an independent town planning consultant. The applicant’s attention is drawn to the existence ofthe Disability Discrimination Act. A construction certificate isrequired to be obtained for the proposed building/s, which will provideconsideration under the Building Code of Australia, however, thedevelopment may not comply with the requirements of the DisabilityDiscrimination Act.
The proposed addition of twosilos to the existing concrete batching plant is satisfactory in respect to theHDCP industrial land prescriptive measures for scale, setbacks,landscaping and vehicle access and parking. The silos would be setback morethan 30 metres from Sefton Road and would comply with the setback requirementsfrom all other boundaries. Accordingly, the proposal would not be visiblyintrusive in the streetscape and would be consistent with the character of theindustrial area. Four submissions were received for Galston Park Bushlandseeking clarification on water quality testing and the vegetation communitieslisted. Two of these submissions raised concerns that the creation ofBiobanking sites at Galston would enable the proposed Manly Vale Public Schooldevelopment to proceed as the local environmental impacts are offset at GalstonPark. In this regard it is noted that the creation of a biobank site atGalston is independent of the assessment process for the Manly Vale PublicSchool development and does not influence the final approval for the proposalto proceed.
All trees at the subject site are protected as the site is locatedwithin the Beecroft-Cheltenham Conservation Area. In addressing this concern, a condition of consent isrecommended that a 1.8 metre boundary fence be erected unless alternativefencing is decided between the two property owners. Shadow diagrams have been submittedwith the application demonstrating that the principal private open space ofadjacent properties would receive at least 3 hours of unobstructed sunlightaccess between 9am and 3pm on 22 June, which complies with this measure. An objection raises concerns that the proposed dwellingwould have an impact on the streetscape.
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Given the above siteoperation systems, the proposal is satisfactory in respect to air quality. The surface water runoff is treated on-site in settlementtanks and flush captured before discharge to the Council stormwater system.Captured water is reused in the plant together with retained solids. In respect to Clause 36(c) the silo operation is sealed andincludes dust level monitoring to prevent emissions. The proposed development would be consistent with ‘APlan for Growing Sydney’ and ‘Draft North District Plan’by providing essential construction materials for the building and constructionindustry. The site was originally approved as a concrete batchingplant in 1958 and operated by Ready Mix Concrete. Negotiations with Norwood Community Preschool andCherrybrook Community Kindergarten are yet to be finalised.
The unit layouts are satisfactory in meeting the ADGdesign criteria for separation of high activity areas from bedrooms and toprovide internal privacy. The architectural treatment of the building incorporates indentations and projections in the exterior walls with balcony projections to articulate the facades. The roof is flat to minimise building height and incorporates eaves which would cast shadows across the top storey wall. The articulation of the building, composition of building elements, textures and colours would achieve a built form generally consistent with the design principles contained within the Apartment Design Guide and the HDCP.
The proposed basement waste collection and storagefacilities are serviced by a lift for waste collection by Council’s wastecollection vehicle at the driveway frontage. Appropriate conditions arerecommended for design, operation and management of the waste facilities. The proposed residential flat building includes a mix of 1,2 and 3 bedroom dwellings and complies with the HDCP requirement for aminimum of 10% of each bedroom category. The proposed fifth floor mezzanine level is setback 3m fromthe lower levels and includes a flat roof with eves. The proposed windowsextending from floor to mezzanine height would read as large floor to ceilingwindows. The proposed mezzanine level is satisfactory in design in maintainingfive storey built form.
No objections are raised to the proposal in regard to treepreservation subject to conditions requiring the replacement planting of threetrees to compensate for the tree removal. Further, conditions arerecommended requiring a project arborist to be appointed to monitor theimplementation of appropriate tree sensitive construction techniques to retainthe 10 neighbouring trees. An objection raises concerns regardingthe amount of excavation required for the development. The extent of theexcavation is to allow for a basement level garage, turning area and binstorage. Toaddress concerns regarding the impact of the stability of adjoining properties,a condition is recommended for a dilapidation report to be prepared. In addressing the impact of the number of storeysnon-compliance, by definition Council must define the basement as a floor wherethe floor level of the storey immediately above is more than 1 metre above theexisting ground level.
The purpose of this Report is to address Part 3 ofCouncil’s resolution of Notice of Motion NOM7/17 of 10 August 2016. The report aims to identify the range of opportunities for including theconcept of inclusive play in the design and provision of renewal and newplaygrounds across the Shire. The proposed amendments would introduce a one size fits allapproach to inner, middle and outer ring suburbs. Council’s previoussubmission indicated that the controls could be supported if amended to providemore generous side setbacks to support greater building separation, landscape,deep soil planning and consideration of slope. It remains open for the landowner of No.17B Redgrave Road toundertake alterations and additions to re-orientate the dwelling to RedgraveRoad. Council may elect to compensate the owner for the cost of undertakingthis work which would include conversion of the double garage which currentlyfaces Arianna Avenue to living area and reorientation of the dwelling(including construction of a new garage) to face Redgrave Road.
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