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The Codes SEPP amendments would introduce a limited range of medium densitydwelling types as complying development in areas where that dwelling type or aprescribed similar form is permitted in an LEP. An opportunity exists for Council to negotiate a right ofcarriageway with the future landowner of property No. 34 Hinemoa Avenue when anapplication for development or subdivision of the land is lodged. The application wassubsequently amended from subdivision of two lots into eight lots tosubdivision of four lots into four allotments. The NSW Office of Environmentand Heritage granted their General Terms of Approval in respect to AboriginalCultural Heritage and an Aboriginal Heritage Impact Permit. The requirementsform recommended conditions of development consent under Schedule 1 of thisreport.
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The assessment determined the site of the proposed lots andfuture dwellings has limitations for on-site disposal of effluent. An advancedsecondary treatment system for each dwelling would be necessary to achieve therequired pathogen reduction for the application of treated waste water on-site.The on-site dispersal area would need to include design for runoff interceptionand diversion around the dispersal area. The dispersal area would involvetrenches or retaining walls to provide soil depth of 1200mm minimum. Theproposed lots are of sufficient size to accommodate the dispersal area requiredfor the likely volume of waste water generated by future dwellings. The wastewater treatment system design would be subject to further assessment for futuredwellings.
The proposed 8m and 6m rear setbacks encroach on therequired 10m and 8m rear setback HDCP prescriptive measures. Theencroachment is acceptable with regard to the site dimensions and the minimalenvironmental impact on the adjoining Asquith Boys High School  site. TheSchool’s sports field adjoins the site and is screened by an existing rowof Casuarina cunninghamiana (River Oak) trees with a height of 18m alongthe boundary with the site.

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The majority of the unit private open space areas arelocated at the front and  rear elevations of the proposed building, minimisingimpacts on privacy. The proposed balconies at the northern and southern sideelevations are acceptable in respect to privacy separation requirements. The applicant is to provide a minimum of two canopy treesthat will reach mature heights of at least 10-12m in both the front and rearsetbacks. Species are to be selected from Council’s publication ‘IndigenousPlants of the Bushland Shire’.
On 3 August 2016, Council issued a request for amended plansand additional as the proposal did not comply with the HDCP requirements forprivacy and tree preservation. Conditions are recommended to minimise disruption toresidential amenity and impacts on downstream water quality. The proposed development does not comply with the maximum10.5m height of building development standard applicable to the site.
It isrecommended that Council continue to negotiate with each for new leases of amaximum term of 10 years, and that are generally reflectiveof the market valuations received and agreements reached with the otherkindergartens. In the preparation of this Report, Council has consultedwith each of the community preschools and kindergartens, external specialistproperty advisers and valuers and Council’s solicitors. Notwithstanding any resolution of Council, the kindergartensat Asquith (“Norwood”) and Hornsby Heights(“Grevillea”) are located on Crown land and requireMinister’s consent to enter into any new lease. Council’s solicitors were instructed to draft a“master lease”, which would form the base document to use indrafting individual lease for each property within the subject portfolio. Eachindividual lease would then take “into account the unique circumstancesof the asset and  the pre-school provider”. At theGeneral Meeting of 9 March 2016, Council considered Group Manager’sReport No.

Any future non-compliance would be subject to complianceinvestigations by Council. The site is surrounded by warehouse and distributionactivities, concrete pump manufacturer, mechanical repairs, self-storage unitsand pharmaceutical industry. The northern side of Sefton Road opposite the siteis a low density residential area with single and two storey dwelling houses.