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The proposed development is satisfactory in respect to theprivacy prescriptive measures of HDCP. In this regard, the proposed 6m x 6m indentation at the frontelevation which together with the break in roof form and top floor setback, issatisfactory in breaking the massing of the building and achieving theappearance of two building pavilions. The proposed top floor roof is divided to form separate roofelements in accordance with the HDCP prescriptive measures for“building pavilions”. To better provide for privacy a condition is recommended forglass balustrades to be in translucent glass. The ADG encourages separate entries for ground floorapartments and private gardens areas at ground level. The ADG includes objectives and design guidance forachieving the design principles of the SEPP 65.
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As detailed in the above table,the proposed development complies with the prescriptive measures within the ADGother than minimum dwelling size, privacy separation, and minimum balconydepth. Below is a brief discussion regarding the relevant development controlsand best practice guidelines. The design orientates the balconies and windows of individual apartments towards the street, rear and side boundaries, providing passive surveillance of the public domain and communal open space areas. Both the pedestrian and vehicular entry points are secured and visibly prominent from the street. The proposed earthworks are satisfactory in respect toClause 6.2 of the HLEP subject to recommended conditions. The NSW Government will use the subregional planning processto define objectives and set goals for job creation, housing supply and choicein each subregion.
Lapped andcapped timber fencing must be erected along all property boundaries behind thefront building alignment to a height of 1.8 metres. Prior to the issue of anOccupation Certificate a certificate from a Civil Engineer is to be obtainedstating that the WSUD facilities have been constructed and will meet the waterquality targets as specified in the Hornsby Shire Councils DCP. The street cleaning services mustundertake a street ‘scrub and dry’ method of service and not a drysweeping service that may cause sediment tracking to spread or cause a dustnuisance.
Hornsby Shire has been grouped with Hunters Hill,Ku-ring-gai, Lane Cove, Mosman, North Sydney, Ryde, Northern Beaches andWilloughby to form the North District. The Greater Sydney Commission has realisedthe draft North District Plan which includes priorities and actions for theNorthern District for the next 20 years. The identified challenge forHornsby Shire will be to provide an additional 4,350 dwellings by 2021 withfurther strategic supply targets to be identified to deliver 97,000 additionaldwellings in the North District by 2036. The development would have reasonable and acceptable impactson the character and amenity of the surrounding built environment. Theproposal is consistent with the established character of the area of detacheddwellings on landscaped allotments. Objections have been raisedregarding the potential impacts of stormwater runoff into the adjacentpremises, No. 10 Kirkham Street and that the existing inter-allotment drainagesystem is not satisfactory.

The application proposes demolition of existing structures andconstruction of a five storey residential flat building comprising 36 units anda basement car park. The proposal would have a minimal additional impact on thelocal economy and the local community. The dwelling house would provide asingle residential occupancy which would generate a marginal increase in demandfor local services. The prescriptive measures of Part 3.1.8(a) of the HDCP statethat “dwelling houses should be orientated primarily towards thestreet and the rear boundary”. Furthermore, as noted by theapplicant, the original subdivision did not provide a common turning area forNo.
A ‘DilapidationReport’ is to be prepared by a ‘chartered structuralengineer’ detailing the structural condition of all adjoining properties. Where residential building workfor which the Home Building Act, 1989 requires there to be a contract ofinsurance in force in accordance with Part 6 of that Act, this contract ofinsurance must be in force before any building work authorised to be carriedout by the consent commences. Council’s DevelopmentContributions Plan may be viewed at a copy may be inspected at Council’s Administration Centre duringnormal business hours.

The proposed five storeyresidential flat development is of appropriate design in respect to the aspectsof the site within the Peats Ferry Road, Asquith Precinct. Subject to the implementation of sediment and erosioncontrol measures, stormwater detention and management to protect water quality,the proposal would comply with the requirements of the Policy. The proposal is satisfactory in meeting the ADGobjective for private open space and balconies subject to recommendedconditions. The proposed balcony for ground floor Unit No 3 has aminimum depth of 1.9m in non-compliance with the ADG criteria for aminimum depth of 2m.
The development achieves a scale consistent with the HDCP desired outcome for well-articulated buildings that are set back to incorporate landscaping, open space and separation between buildings. Clause 6.2 of the HLEP statesthat consent is required for proposed earthworks on site. Before grantingconsent for earthworks, Council is required to assess the impacts of the workson adjoining properties, drainage patterns and soil stability of the locality. Clause 5.10 of the HLEP setsout heritage conservation provisions for Hornsby Shire. The site does notinclude a heritage item and is not located in a heritage conservationarea. The proposed development isdefined as ‘residential flat building’ and ispermissible in the zone with Council’s consent.

Council will consult with thecommunity soon, with the inclusive playground programmed to be constructed latein 2017. Council’s Active Living Hornsby Strategy (2015)identified the value and benefits of ‘Destination Parks’ as placesthat can attract local residents as well as visitors from a largercatchment. These sites provide opportunities for larger scale playgroundsto be complemented with other facilities including accessible amenities, picnicfacilities and circuit paths. An opportunity for communityinvolvement is provided in the design of the playgrounds, artwork and otherelements. Engaging with the local community through a meaningfulconsultation  process engenders a sense of care, ownership and connection withthe site.
Subject to the implementation of erosion and sedimentcontrol measures, the impacts of the proposal on the water quality of CalabashBay would be minimised. The relevant matters under Clause 15 of the draft SEPPare subject to consideration under current planning controls as addressed inthis report. The proposed development would not significantly impact onthe adjacent coastal wetland, subject to recommendedconditions. The subject site is mapped for “coastalwetlands”, “coastal environment area” and “coastal usearea”. Part 2 of the draft SEPP includes development controls forcoastal management areas. The site’s Calabash Bay foreshore adjoins twoforeshore properties previously subdivided and developed for dwelling houses(lot 4 and lot 5 DP ) in an earlier subdivision involving the site.

Whether the amended proposal is the same development asoriginally submitted was raised as a concern. The likelihood of further subdivision with access offMcCallums Road was raised as a concern. Inconsistency with the strategy for no further subdivisioninvolving river settlements was raised as a concern. A water depth of 300mm ISLW would enable access to theproposed pontoons by small vessels in the event of a medical emergency. The proposed removal of vegetation is acceptable subject tothe loss being offset under Council’s Green Offset Code. The second jetty is shared between proposed lot 1 and lot 2and comprises a 3.0m x 1.5m jetty with 6m x 1.5m ramp and 12m x 2.5m pontoon.The jetty is at the eastern side of the frontage of lot 2 and above the MHWM.
The proposed dwelling housewould have two habitable storeys above existing ground level and apredominantly below-ground basement comprising car parking. As part of thebasement level would be located more than 1 metre above the existing groundlevel on the south-western side, it is considered 3 stories which does notcomply with the maximum 2 storey limit. In addition, the dwelling would have afloor area of 535m2 which does not comply with the prescribedmaximum 380m2 floor area control of the HDCP. The proposed amendments seek toallow the concurrent Torrens title subdivision and dwelling house approvalwithout a minimum parent lot requirement. Whilst the HLEP does not specifya minimum allotment size for development in the R3 zone, the HDCP does requirea minimum 30m lot to undertake multi dwelling housing or a residential flatbuilding. For larger developments, including dwelling houses incertain areas, the Code SEPP sets out development standards and requirements forthese to be undertaken as ‘complying development’ for which acomplying development certificate (CDC) is issued.
The existing “No Right Turn, 7am - 9am, 3pm - 6pmMonday to Friday” should be amended to “No Right Turn, 6am - 10 am,3pm - 7 pm, Monday to Friday”, subject to the recommendation of theHornsby Shire Local Traffic Committee after public consultation. Located just off James Ruse Drive and Windsor Road, having easy access to the Cumberland Highway and M2/M4 motorway, is this well-presented warehouse. 1800 Shutters has built a trustworthy reputation in the industry,  with a track record of satisfied customers who have recommended our services to others.