A locally indigenous tree (Tree No. 39 – Corymbiagummifera – Red Bloodwood) is located on the adjoining school land,near the proposed driveway. The proposed driveway would encroach to within 10% of the treeprotection zone (TPZ) which is acceptable in accordance with AS4790 –Protection of trees on development sites. The basement car park includes sufficient storage forresidents and would meet the minimum storage area requirement of the ADG.A condition is recommended in this regard.
During construction curtains near thornleigh works, theexisting ground levels of open space areas and natural landscape features,including natural rock-outcrops, vegetation, soil and watercourses must not bealtered unless otherwise nominated on the approved plans. The erosion and sediment control devices mustremain in place until the site has been stabilised and revegetated. The proposed development complies with HLEP and isgenerally satisfactory is respect to the design principles of SEPP 65 andthe requirements of the Residential Flat Design Code subject torecommended conditions. The proposal does not comply with the prescriptivemeasures of HDCP for floorplate dimension and rear setbacks. Thenon-compliances are acceptable in respect to the aspects of the site and wouldnot establish a precedent for future RFB development. The proposed ground floor unit open space areas are designedwith regard the Hornsby Development Control Plan 2013 (HDCP) keydevelopment principle of the Peats Ferry Road, Asquith Precinct for five storeyresidential flat buildings in garden settings.
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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.
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.
The proposed building is consistent in scale with the existing twoand three storey industrial building adjoining the eastern boundary of thesite. The proposed site coverage of51% is in non-compliance with the maximum 50% site coverage. The non-complianceis minor, would not contribute to the overall bulk and scale of the buildingand is acceptable in providing for landscaping. As detailed in the above table,the proposed development does not comply with a number of prescriptiverequirements within the HDCP.
On 1 July 2016, Council requested amended plans andadditional information as no heritage statement or BASIX certificate wassubmitted with the application and the submitted plans did not comply with theHLEP requirement for Height of Buildings. On 12 July 2016, a BASIX certificate,a heritage statement and revised plans were submitted. The site is located within an R2- Low Density Residentialzone and surrounded by a mix of single and two storey detached dwelling housesof various architectural styles. To ensure that the public reserveis kept in a clean, tidy and safe condition during construction works, nobuilding materials, waste, machinery or related matter is to be stored on theroad or footpath. The submission raisesconcerns the existing operation of the concrete batching plant is outside therequired hours.
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.
Council has received a letter of intent from The NSWDepartment of Education for the purchase of credits under the NSW BiobankingScheme. Galston Park Bushland was identified as a reserve that couldprovide the required credits. Kleinfelder Australia Pty Ltd was appointedas the Biobanking Assessor to undertake the Biobanking Assessments and preparethe Biobanking Assessment Reports for the site. The purpose of this Report is to seek Council’sapproval to proceed with lodging Biobanking applications with the NSW Office ofEnvironment and Heritage (OEH) for Waitara Creek Bushland, Galston ParkBushland and Arcadia Park Bushland. Council invests funds which are not, for the time being,required for any other purpose.
The proposal is consistent with the strategy in not creating anyadditional lots. The proposal includes the construction of two jetties andpontoons and a boardwalk for water access. The site area proposed for future waterfront dwellings isidentified as “Biodiversity” under the prescriptive measures of HDCP. The Policy provides for the protection of koala habitat onsites greater than one hectare in size. The Policy includes steps to establishpotential and core habitat and whether consent can be granted for development. The site includes land zoned Open Space B (Public Recreation– District) and is subject to the provisions of State EnvironmentalPlanning Policy No. 19 – Bushland in Urban Areas which applies to theHornsby Shire.