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Accordingly, the proposed exception to the maximum buildingheight development standard is well founded and acceptable. The proposed silo structure has a height of 22.423m and doesnot comply with the maximum height development standard. The height of the silostructure is necessary for operation of the hopper to the agitator truckloading bay and forms an addition to the existing silos.
Complying development is a fast-tracked, streamlined form ofcombined planning and construction approval for specified types of developmentidentified and enabled through the Codes SEPP. Complying development canonly be undertaken if a set of prescribed numerical controls and developmentstandards are fully satisfied. Approvals can be issued by councils orprivate certifiers (certifying authority). A condition is recommended for the management of theAPZ required for future dwellings on the site to maintain the Rough-barkedApple – Forest Oak vegetation community within the APZ area. The access to the proposedlots along Calabash Bay for firefighting operations and evacuation could berestricted to ISLW tides in accordance with the independent assessment providedby MHL. Subject to recommended conditions the proposal is acceptablein respect to the HDCP desired outcomes for stormwater management toprotect waterways and maintain environmental flows.
The frontage of the site is partly cleared, whilst the siteremainder is remnant bushland. The irregular shaped vacant site is located on the southernside of Gundah Road and has an area of 4,001m2. The site has afrontage of 60m, a western side boundary of 80m, eastern side boundaryof   65m and a rear boundary of 50m. All noisegenerated by the proposed development must be attenuated to prevent levels ofnoise being emitted to adjacent premises which possess tonal, beating andsimilar characteristics or which  exceeds background noise levels by more than5dB(A). For the purpose of wastecollection, an easement entitling Council, its servants and agents and personsauthorised by it to enter upon the subject land and to operate thereon,vehicles and other equipment for the purposes of garbage collection must begranted to Council by the owner of the land.

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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.

A search of Council’s files indicates that the sitehas been used for residential purposes and is unlikely to be contaminated.Further assessment in this regard is not warranted. The proposed units include 9 x 1 bedroom, 23 x 2 bedroom and4 x 3 bedroom units. The subject land was rezoned from Residential A (LowDensity) to R4 (High Density Residential) on 2 September 2011 as part ofCouncil’s Housing Strategy. The proposal meets the desired outcomes of Part 1.C.1.2Stormwater Management in the HDCP and is considered acceptable. Objections have been raised regarding a proposed frontpicket fence between No. 8 and No. 8A Kirkham Street as it would reduce privacybetween the two properties given the existing fence is higher.
In regard tothe first floor balcony, it is noted that it would only be 880mm wide and wouldbe accessed from a bedroom. Therefore, it is considered that its limited usewould not cause unreasonable privacy impacts. In regard to the outdoor patio,the finished floor level would be approximately 2 metres above the existingground level and would be 1.5 metres from the boundary. A 1.8 metre privacy screenis proposed to limit the direct line of sight into No. 10 Kirkham Street.

The desired outcomes of part3.1.6 Privacy in the HDCP is to “encourage development that isdesigned to provide reasonable privacy to adjacent properties”. Part 3.1.2(h) of the HDCP states that “an ingroundswimming pool is able to encroach to within 1 metre of the rear boundary,measured to the water line”. The proposed lap pool would be located 1metre from the rear boundary however, the majority of the pool would be locatedabove-ground. The dwelling house proposal complies and exceeds the setbackprescriptive measures of the HDCP apart from the lap pool. Under Clause 6.2, Council is required to assess the impactsof the works on adjoining properties, drainage patterns and the soil stabilityof the surrounding environment. Clause 5.10 of the HLEP sets out heritage conservationprovisions for Hornsby Shire.
The future residential character of the street is thereforedefined by medium and high density housing and the desired future characterprovisions of the HDCP. The remainder of the properties in the street were rezonedfrom low density residential to medium density residential under HornsbyShire Local Environmental Plan (Amendment No. 101) gazetted 17 December2010. The subject land and adjoining lands fronting Peats Ferry Rd(Pacific Highway) were included in Council’s Housing Strategy and rezonedfrom low density to high density housing under Hornsby Shire LocalEnvironmental Plan (Amendment No. 99) gazetted on 2 September 2011.

The role of the Codes SEPP was originally envisaged toenable minor, low impact development as complying development, where approvalby an accredited certifier would not require merit assessment. Unlike SEPP 65and the Apartment Design Guide, the proposal to introduce medium densityhousing and the supporting design guide, would override local planning controlsand provide no provision for the preservation of localcharacter. The waste management requirements for the proposal would beaddressed in development applications for future dwelling houses on theproposed lots.
A detailed assessment of the flora and fauna for the sitewas undertaken and a management action plan has been prepared in consultationwith Council staff. Credits have been created for both vegetationcommunities and some individual fauna species represented in the reserve. Council has received a letter of intent from Lend LeaseBouygues  Joint Venture/NorthConnex for the purchase of credits under the NSWBiobanking Scheme. Arcadia Park Bushland and Waitara Creek bushland wereidentified as reserves that could provide the required credits. EcoLogical Australia was appointed as the Biobanking Assessor to undertake theBiobanking Assessments and prepare the Biobanking Assessment Reports for thesubject sites. 22 Powers Road is a premium industrial estate that offers a range of warehouse and office suites.
Due the cumulative impacts of quarry fill related traffic, further consideration of No Right Turn bans into or out of Peats Ferry Road at Dural Street or Dural Lane should be investigated when the quarry filling work is underway. The existing “No Right Turn, 7am - 9am, 3pm - 6pm Monday to Friday” should be amended to “No Right Turn, 6am am, 3pm - 7 pm, Monday to Friday”, subject to the recommendation of the Hornsby Shire  Local Traffic Committee after public consultation. The play space provides theopportunity for children of all ages and abilities to play independently.