BUSINESS PAPER
LOCAL PLANNING PANEL MEETING
Wednesday 28 July 2021
at 6:30pm
Hornsby Shire Council Table of Contents
Page 1
Local Planning Panel meeting 28 July 2021
TABLE OF CONTENTS
GENERAL BUSINESS
Local Planning Panel
Item 1 LPP16/21 DA/124/2021 - Alterations and Additions to an Existing
Residential Aged Care Facility - 144 - 146 Beecroft Road, Beecroft .................................. 1
Item 2 LPP18/21 DA/1030/2018 - Alterations and Additions to an Existing Club
(The Galston Club) - 19-25 Arcadia Road Galston ........................................................... 61
Local Planning Panel meeting 28 July 2021 Business Paper Page 1
ITEM
1
LPP Report No. LPP16/21
Local Planning Panel
Date of Meeting: 28/07/2021
1 DA/124/2021 - ALTERATIONS AND ADDITIONS TO AN EXISTING RESIDENTIAL AGED
CARE FACILITY - 144 - 146 BEECROFT ROAD, BEECROFT
EXECUTIVE SUMMARY
DA No: DA/124/2021 (5 February 2021)
Description: Alterations and additions to an existing residential aged care facility
Property: Lot 15 DP 6280, Lot 16 DP 6280, Lot 17 DP 6280, Lot 34 DP 6280 –
Chesalon Nursing Home, Nos. 144-146 Beecroft Road, Beecroft
Applicant: DJ Thompson Pty Ltd
Owner: DJ Thompson Pty Ltd
Estimated Value: $12,078,087
Ward: C
• The proposed development generally complies with the requirements of the relevant
environmental planning instruments and the Hornsby Development Control Plan 2013 with
the exception of the maximum building height. The applicant has made a submission in
support of a variation to this development standard in accordance with Clause 4.6 of the
HLEP. The request is considered well founded.
• A total of 14 submissions have been received in respect of the application.
• The application is required to be determined by the Hornsby Council Local Planning Panel as
the application proposes a contravention to the maximum height of buildings development
standard by more than 10%. Additionally, 10 or more unique submissions were received by
way of objection.
• It is recommended that the application be approved.
RECOMMENDATION
THAT the Hornsby Shire Council Local Planning Panel assume the concurrence of the Secretary of
the Department of Planning and Environment pursuant to Clause 4.6 of the Hornsby Local
Environmental Plan 2013 and approve Development Application No. DA/124/2021 for alterations and
additions to an existing residential aged care facility at Lot 15 DP 6280, Lot 16 DP 6280, Lot 17 DP
6280, Lot 34 DP 6280, Nos. 144-146 Beecroft Road, Beecroft subject to the conditions of consent
detailed in Schedule 1 of LPP Report No. LPP16/21
Hornsby Shire Council Report No. LPP16/21 Page 2
Local Planning Panel meeting 28 July 2021 Business Paper Page 2
ITEM
1
BACKGROUND
The site has historically been used for seniors living since circa 1955 and was originally known as
“Chesalon Nursing Home”. Council’s records for the residential aged care facility (RACF) date back to
1967.
The RACF has undergone various renovations and extensions over the last 50 years with extensions
approved in 1980 and 1983. The last major extension was approved on 8 October 1997, being
DA/219/1997 for the demolition of part of an existing nursing home, refurbishment of an existing
heritage item and extension to the existing nursing home to accommodate a total of 77 nursing home
residents on the subject property.
Between 2010 and 2015, Council have approved various development applications relating to a
sprinkler installation, signage and the construction of a freestanding gazebo.
On 30 June 2020, Council provided pre-lodgement advice (PL/33/2020) for alterations and additions
and general refurbishment of the existing RACF.
The application states that Thompson Health recently purchased the site from Anglicare with the sale
including a licence for 76 beds. The existing aged care facility ceased operation in 2019.
APPLICATION HISTORY
On 5 February 2021, the subject application was lodged.
On 24 February 2021, Council requested the architectural plans be amended to re-locate the location
of the proposed hydrant booster. On 24 April 2021, the requested information was submitted to
Council.
On 24 February 2021, Council requested an amended waste management plan to include a site plan.
On 5 March 2021, an amended was management plan was submitted to Council.
On 2 March 2021, Council requested a revised acoustic report and a preliminary construction
management plan. On 22 April 2021, a letter of response from the applications acoustic consultant
was submitted to Council. On 24 May 2021, a preliminary construction management plan was
submitted to Council.
On 19 March 2021, Council wrote to the applicant raising heritage concerns with the deletion of the
north-east exterior wall and the north-east verandah of the heritage item “Brunoy”. On 22 April 2021
amended plans were submitted retaining the exterior wall and verandah.
On 10 March 2021, Council requested the arborist report be updated to include a tree protection plan.
On 30 March 2021 the requested information was submitted to Council.
SITE
The 6,167m2 site is located on the south-western corner of Beecroft Road and Murray Road and
comprises 4 separate allotments. The site is regular in shape with a 68.5m frontage to Beecroft Road
and a 90m frontage to Murray Road. The site experiences an overall fall of approximately 5% toward
the rear, southern boundary.
The site currently contains a 76 bed, 1 to 3 storey purpose built RACF with a 33-space car park
comprising 22 staff spaces and 11 visitor spaces. The application notes that the RACF recently
operated with 32 employees. Vehicle access to the RACF is via Murray Road. A loading bay is
located at the rear of the site which can be accessed via small and medium rigid vehicles.
Hornsby Shire Council Report No. LPP16/21 Page 3
Local Planning Panel meeting 28 July 2021 Business Paper Page 3
ITEM
1
Council records indicate the site is not bushfire or flood prone and is not burdened by any easements
or restrictions.
The site directly adjoins dwelling houses to the north, west and east, and a medium density aged care
development comprising 11 independent living units to the south/south-west.
The site is located approximately 1km south-west of Cheltenham Railway Station and 1.2km south-
east of Beecroft Railway Station and shopping village. The site is within walking distance of a bus
stop (200m) on Beecroft Road, providing public a transport connection to local shops (Route 651).
The subject property is located in a heritage conservation area, contains a heritage item, and is within
the vicinity of sites/ properties that are heritage listed under Schedule 5 of the Hornsby Local
Environmental Plan 2013 (HLEP) as detailed below:
Subject Heritage Item:
• Item no. 65 - “Brunoy” - Chesalon Nursing Home
Heritage Conservation Area (HCA):
• Beecroft/Cheltenham HCA, (Beecroft-Cheltenham Plateau Precinct)
In the Vicinity of Heritage Item:
• Item No. 63 - “Combanning” (house built c1915) at No. 140 Beecroft Road, Beecroft
• Item No. 64 - Fence, posts and garden (built c1930s/40s) at No. 142 Beecroft Road, Beecroft
• Item No. 130 - Street Trees, Murray Road, Beecroft
• Item No. 260 - “Lauriston” (house built 1902) at No. 150 Beecroft Road, Cheltenham
• Item No. 261 - “Quambi” (house built c1902) at No. 152 Beecroft Road, Cheltenham
• Item No. 262 - “Mosbrae” (house built 1913) at No. 157 Beecroft Road, Cheltenham
PROPOSAL
The application proposes alterations and additions to the existing RACF comprising the following
works:
• Internal re-configuration of floor space within the RACF including the existing heritage listed
building known as “Brunoy”
• A new vehicle entry and pedestrian drop off bay from Murray Road
• The construction of additional attic level accommodation
• The construction of a new wing adjacent to the Beecroft Road frontage
• Construction of a new waste storage area with roof garden within the south-west portion of
the site
• Refurbishment to the existing staff and service areas including new mini-bus parking
• Installation of an Ausgrid substation adjacent to Murray Road
• Landscaping works including the planting of screen trees and courtyard landscaping. 36
trees, 24 palms and hundreds of shrubs and ground covers would be planted
• The removal of 2 trees and the transplanting of 3 palms
Hornsby Shire Council Report No. LPP16/21 Page 4
Local Planning Panel meeting 28 July 2021 Business Paper Page 4
ITEM
1
The application would retain the existing number of residential beds, being 76.
The application states that the RACF would operate 24/7 and employ a maximum of 32 staff during
the day across a number of shifts.
ASSESSMENT
The development application has been assessed having regard to the Greater Sydney Region Plan,
‘A Metropolis of Three Cities’, the ‘North District Plan’ and the matters for consideration prescribed
under Section 4.15 of the Environmental Planning and Assessment Act 1979 (the Act). The following
issues have been identified for further consideration.
1. STRATEGIC CONTEXT
1.1 Greater Sydney Region Plan – A Metropolis of Three Cities and North District Plan
A Metropolis of Three Cities has been prepared by the NSW State Government to guide land use
planning decisions to the year 2056. The population of Greater Sydney is expected to grow by 3.2
million people by 2056. The Plan sets a strategy for accommodating Sydney’s future population
growth and demographic change, while improving liveability.
The Plan identifies that the most suitable areas for new housing are in locations close to jobs, public
transport, community facilities and services.
The NSW Government uses the District planning process to define objectives and set goals for job
creation, housing supply and choice in each District. The North District Plan is a 20-year plan to
manage growth in the context of economic, social and environmental matters to achieve the 40-year
vision for Greater Sydney.
Council has been grouped with Hunters Hill, Ku-ring-gai, Lane Cove, Mosman, North Sydney,
Northern Beaches, Ryde, and Willoughby LGAs to form the North District. The North District Plan will
be reviewed, and the Government will set housing targets and monitor supply to ensure planning
controls are in place to stimulate housing development. The Metropolis of Three Cities sets a District
20-year strategic housing target of 92,000 dwellings over the next 20 years.
The proposed application would be consistent with ‘A Metropolis of Three Cities’ and the ‘North
District Plan’ by retaining existing residential care facilities in the locality for seniors and people with a
disability.
2. STATUTORY CONTROLS
Section 4.15(1)(a) requires Council to consider “any relevant environmental planning instruments,
draft environmental planning instruments, development control plans, planning agreements and
regulations”.
2.1 Hornsby Local Environmental Plan 2013
The proposed development has been assessed having regard to the provisions of the Hornsby Local
Environmental Plan 2013 (HLEP).
2.1.1 Zoning of Land and Permissibility
The subject land is R2 Low density residential under the HLEP. The objectives of the R2 zone are:
• To provide for the housing needs of the community within a low-density residential
environment.
Hornsby Shire Council Report No. LPP16/21 Page 5
Local Planning Panel meeting 28 July 2021 Business Paper Page 5
ITEM
1
• To enable other land uses that provide facilities or services to meet the day to day needs of
residents.
The proposed development is defined as ‘Seniors Housing’ (Residential Care Facility) which contains
the following definition:
Seniors housing means a building or place that is:
(a) A residential care facility.
(b) A hostel within the meaning of clause 12 of State Environmental Planning Policy
(Housing for Seniors or People with a Disability) 2004.
(c) A group of self-contained dwellings.
(d) A combination of any of the buildings or places referred to in paragraphs (a)–(c), and
that is, or is intended to be, used permanently for:
(e) Seniors or people who have a disability.
(f) People who live in the same household with seniors or people who have a disability.
(g) Staff employed to assist in the administration of the building or place or in the
provision of services to persons living in the building or place.
but does not include a hospital.
Note. Seniors housing is a type of residential accommodation
Seniors housing is a prohibited land use under the HLEP in the R2 zone.
Historically, seniors housing was permissible on the subject R2 zoned land pursuant to State
Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (SEPP HSPD).
However, in February 2019, SEPP HSPD was amended so that it does not apply to Heritage
Conservation Areas within the Greater Sydney Region until 1 July 2020. This has twice been
subsequently extended a further year by the Minister and will be repealed on 1 July 2022.
The amendment of SEPP HSPD inserted Clause 4A into the SEPP, which states that “This Policy
does not apply to land in the Greater Sydney Region if an environmental planning instrument
identifies the land as being within a heritage conservation area”.
Consequently, as per the provisions of Clause 4A, SEPP HSPD does not apply to the site and the
requirements of this environmental planning instrument are not applicable to the proposed
development. Notwithstanding this fact, the planning controls contained within SEPP HSPD can be
utilised to form a merit-based assessment of the proposed development. Such an assessment is
undertaken in the body of this report.
As permissibility of the prosed development is not provided under the HLEP, and SEPP HSPD is not
applicable to the proposed development, the applicant is relying upon existing use rights that apply to
the land, as discussed below.
2.1.1.1 Environmental Planning and Assessment Act 1979
Division 4.11 of the Act protects the existing use right of a building, work or land that is in non-
conformance with the zoning of the land. The development application asserts that the site benefits
from existing use rights for use as seniors living and a RACF.
Clause 4.65 of the Act defines an existing use as:
Hornsby Shire Council Report No. LPP16/21 Page 6
Local Planning Panel meeting 28 July 2021 Business Paper Page 6
ITEM
1
a) The use of a building, work or land for a lawful purpose immediately before the coming into
force of an environmental planning instrument which would, but for this Division, have the
effect of prohibiting that use.
b) The use of a building, work or land:
(i) For which development consent was granted before the commencement of a
provision of an environmental planning instrument having the effect of prohibiting the
use, and
(ii) That has been carried out, within one year after the date on which that provision
commenced, in accordance with the terms of the consent and to such an extent as to
ensure (apart from that provision) that the development consent would not lapse.
Moreover, Clause 4.66 of the Act states, “nothing in this Act or an environmental planning instrument
prevents the continuance of an existing use”.
As stated in the Background Section of this report, the site has historically been used for seniors living
and a RACF since circa 1965 with development approvals dating back to 1980 when the land use
was permissible in the subject zone. Since 2019, the use has not been actively pursued on the
subject site. Clause 4.68(3) of the Act states that “a use is presumed, unless the contrary is
established, to be abandoned if it ceases to be actually so used for a continuous period of 12
months”.
The closure of the existing RACF is described within the Statement of Environmental Effects as
follows:
The facility was closed in 2019, due to the changed patient expectations and non-compliance with
current aged care facility codes. This proposal seeks the re-development of the site and retention of
Brunoy to provide a replacement aged care facility that acknowledges the heritage significance of the
site and is in accordance with today’s standards.
As Clause 4.68(3) provides a 12-month time frame for the abandonment of existing use rights, it is
necessary to establish that the subjective intention of the land owner of the site was to continue the
existing use rights, as established in Hudak v Waverley Municipal Council (1990) 18 NSWLR 709.
Hudak provides that “it is necessary to have regard to the whole of the circumstances, including the
subjective intention of the relevant person, and to determine whether in the light of all those matters
the cessation of actual use proved by the facts is outweighed by an asserted subjective intention to
continue the use”.
Council is satisfied that, despite the passage of time the subjective intention of the owner of the site
was to continue the existing use. The reasons for this decision are:
• The closure of the facility in 2019 was identified as being related to the inability of the existing
RACF to comply with current aged facilities codes in its current form. The physical cessation
of the use was not related to an attempt to move the site away from its current land use.
• The site is owned by “Thompson” Health Care” an owner and operator of Health Care
Facilities.
• In the time that the site was not in physical use, this subject development application was
prepared to continue operations on site.
• The site currently holds an active and continuous licence for 76 beds.
Hornsby Shire Council Report No. LPP16/21 Page 7
Local Planning Panel meeting 28 July 2021 Business Paper Page 7
ITEM
1
Having regard to the whole of the circumstances of the site, Council is satisfied that that site continues
to benefit from existing use rights and that the asserted subjective intention was at all times to rely
upon and exercise the existing use. Consequently, Council does not consider that the existing use
has been abandoned.
Whilst not currently occupied, the applicant maintains that the site has continued use as a RACF as it
currently holds an active licence for 76 beds.
Council is therefore satisfied that the site benefits from existing use rights in accordance with the
definition contained within the Act.
Clause 4.67(1) of the Act notes that the Environmental Planning and Assessment Regulation 2000
(the Regulation) provides provisions with respect to alterations and additions to an existing use.
Accordingly, an assessment in accordance with the Regulation is provided below.
Clause 4.67(3) also states:
An environmental planning instrument may, in accordance with this Act, contain provisions
extending, expanding or supplementing the incorporated provisions, but any provisions (other
than incorporated provisions) in such an instrument that, but for this subsection, would
derogate or have the effect of derogating from the incorporated provisions have no force or
effect while the incorporated provisions remain in force.
In effect, Council notes that any provisions or development standards contained within an applicable
planning instrument, must not derogate what is permitted within the Regulations as discussed below.
Further, in accordance with Fodor Investments V Hornsby Shire Council (Proceedings 10882 of
2004), Section 4.15 considerations under the Act are still relevant as long as they do not derogate
from the Regulation. In this regard a Section 4.15 assessment has been carried out in the body of this
report.
2.1.1.2 Environmental Planning and Assessment Regulation 2000
Clause 41 of the Regulation states in part:
(1) An existing use may, subject to this Division:
(a) Be enlarged, expanded or intensified, or
(b) Be altered or extended, or
(c) Be rebuilt…
With respect to Clause 41(1)(a), the existing RACF would be physically enlarged and expanded,
however given the proposal would retain the existing number of beds and staff would not by
intensified.
As per 41(1)(b), the existing use would be altered and expanded.
As per 41(1)(c) the application does not propose to re-build the existing building.
Clause 43 of the Regulation states in part:
(1) Development consent is required for any alteration or extension of a building or work used for
an existing use.
(2) The alteration or extension:
(a) Must be for the existing use of the building or work and for no other use.
Hornsby Shire Council Report No. LPP16/21 Page 8
Local Planning Panel meeting 28 July 2021 Business Paper Page 8
ITEM
1
(b) Must be erected or carried out only on the land on which the building or work was
erected or carried out immediately before the relevant date.
With respect to Clause 43, the alterations and additions require development consent, would be for
the existing use, and would be carried out entirely within the subject parcel of land that contains the
existing use.
In summary, Council is satisfied that the site benefits from existing use rights and the proposed
alterations and additions are permissible with consent.
2.1.2 Height of Buildings
Clause 4.3 of the HLEP provides that the height of a building on any land should not exceed the
maximum height shown for the land on the Height of Buildings Map. The maximum permissible
height for the subject site is 8.5m. The application seeks to vary Clause 4.3 as the roof pitch of the
top storey extends up to a maximum height of 12.5m.
Whilst it is noted that Clause 40 of SEPP HSPD contains a development standard limiting the height
of a residential care facility in the R2 Low density residential zone, when measured from ground level
to the ceiling of the topmost floor, to no more than 8 metres in height, the requirements of this clause
are not applicable to this development, as Clause 4A of SEPP HSPD specifically excludes the
provisions of the SEPP from applying to land within a heritage conservation area. Consequently,
Clause 4.3 of the HLEP is the only height of buildings development standard applicable to the
proposed development application.
The specific objectives of Clause 4.3 are:
(a) To permit a height of buildings that is appropriate for the site constraints, development
potential and infrastructure capacity of the locality.
Saffioti v Kiama Municipal Council [2019] NSWLEC 57 has established that a Clause 4.6 is required
where a contravention of the development standards is proposed as it does not derogate from the
incorporated provisions in Part 5 of the Act.
The application includes a written request under Clause 4.6 to vary the development standard,
prepared by Boston Blyth Fleming Town Planners. A discussion regarding Clause 4.6 is provided
below.
2.1.3 Exceptions to Development Standards
The application has been assessed against the requirements of Clause 4.6 of the HLEP. This clause
provides flexibility in the application of the development standards in circumstances where strict
compliance with those standards would, in any particular case, be unreasonable or unnecessary, and
it can be demonstrated that sufficient environmental planning grounds are present to justify
contravening a development standard.
The application seeks to vary Clause 4.3 of the HLEP as the maximum height of buildings would be
12.5m and does not comply with the 8.5m development standard.
The specific objectives of Clause 4.3 of the HLEP are:
(a) To permit a height of buildings that is appropriate for the site constraints, development
potential and infrastructure capacity of the locality.
The applicant has made a submission in support of a contravention of the development standard in
accordance with Clause 4.6 of the HLEP. Clause 4.6 provides that development consent must not be
Hornsby Shire Council Report No. LPP16/21 Page 9
Local Planning Panel meeting 28 July 2021 Business Paper Page 9
ITEM
1
granted for development that contravenes a development standard unless the consent authority has
considered a written request from the applicant that seeks to justify the contravention of the
development standard by demonstrating:
(a) That compliance with the development standard is unreasonable or unnecessary in the
circumstances of the case, and
(b) That there are sufficient environmental planning grounds to justify contravening the
development standard.
Council must be satisfied that the written request provided by the applicant under Clause 4.6
addresses both the unreasonable and unnecessary test and demonstrates sufficient environmental
planning grounds to justify contravening the development standard. These matters are discussed
below.
2.1.3.1 Unreasonable or Unnecessary
There are five common methods by which an applicant can demonstrate that compliance with a
development standard is unreasonable or unnecessary in the circumstances of the development.
Initially proposed for objections under clause 6 of SEPP 1 in the decision of Wehbe v Pittwater
Council [2007] NSWLEC 827 Pearson C summarised and applied these methods to written requests
made under Clause 4.6 in Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009 [61-62]. These
five methods are generally as follows:
• The objectives of the development standard are achieved notwithstanding non-compliance
with the standard.
• The underlying objective or purpose is not relevant to the development.
• That the objective would be defeated or thwarted if compliance was required.
• That the development standard has been virtually abandoned or destroyed by the Council’s
own actions in departing from the standard.
• The zoning of the land is unreasonable or inappropriate.
It is not required to demonstrate that a development meets multiple methods as listed above, and the
satisfaction of one can be adequate to demonstrate that the development standard is unreasonable or
unnecessary.
The written request states in part:
I note that existing development on the site is already part 3 storeys in locations with a number of
existing pitched roof forms already exceeding the 8.5 metre height standard including the roof
associated with the heritage listed Chiltenham House. The proposed development seeks to take
advantage of the existing pitched roof forms through the introduction of attic style accommodation.
Noting that the upper level breaching elements are located predominantly within characteristically
pitched roof forms I consider that the resultant development will not be perceived as inappropriate or
jarring in the context of the establish building heights.
An identified constraint on the site is the heritage listed Chiltenham House and the properties location
within a heritage conservation area. In accordance with clause 5.10 of HLEP 2013, as the subject
property contains a heritage item and is located within a heritage conservation area, the application is
accompanied by a Heritage Impact Statement prepared by Wier Phillips Heritage. This report
Hornsby Shire Council Report No. LPP16/21 Page 10
Local Planning Panel meeting 28 July 2021 Business Paper Page 10
ITEM
1
assesses the acceptability of the proposal having regard to the applicable heritage considerations and
contains the following conclusions:
This Heritage Impact Statement has been prepared to accompany a development application for
alterations and additions to No. 144-146 Beecroft Road. The large site consists of the Federation Art
and crafts dwelling ‘Brunoy’ and a disused aged care facility constructed in the 2000.
Brunoy was built in 1916 for Herbert Leslie Arnott of the famed Arnotts biscuits family and designed
by Robin Dods of Spain Cosh and Dods. On Arnotts death, in 1955 Brunoy was sold and substantially
modified and extended for conversion into a Nursing home.
In 2000 the site was redeveloped with the construction of a purpose-built aged care facility connected
to Brunoy, during which Brunoy underwent further modification primarily to return the building to its
original plan form.
The facility was closed in 2019, due to the changed patient expectations and noncompliance with
current aged care facility codes. This proposal seeks the redevelopment of the site and retention of
Brunoy to provide a replacement aged care facility that acknowledges the heritage significance of the
site and is in accordance with today’s standards.
Brunoy has a 65-year history of substantial alterations and additions that has dramatically eroded the
significance of the heritage fabric of the building. Much of the external form was reproduced during
the rectification works undertaken in 2000.
Due to its compromised interior, the principal significance of Brunoy lies is its external form, scale and
finish as a significant Federation Arts and Crafts dwelling by recognised architect Robin Dods for
Herbert Leslie Arnott, as read from Beecroft Road and the Heritage Conservation Area.
The proposed works will have an acceptable impact on the significance of the Heritage Conservation
Area and the heritage items in the vicinity as most of the works are internal and do not alter the
eternal form and its understanding from these items. The proposed works will have no impact on the
heritage items in the vicinity as they physically and visually removed from the site by distance and
dense landscape.
The proposed works will have an acceptable impact on the Heritage item as most of the proposed
work is to the internal fabric which is not original. The modification and removal of walls is necessary
to enable the use of the building for aged care in accordance with current codes. The proposed works
will retain wall nibs, and ceiling bulkheads to enable an understanding of the older plan.
Without an active, financial and ongoing use, the heritage item stands to fall into long term disuse and
disrepair. The proposed works will enable the ongoing use and retention of the building in its current
form and will enable ongoing and cyclical repair and maintenance of the item.
Conservation Area because; the existing primary view corridors will not be affected by the proposal;
and the proposal is consistent with other developments within the vicinity. The extant carport and
verandah, to be removed, do not date from the key period of development of the Conservation Area.
The proposed works will have a minimal and acceptable impact on the prominent garden setting
associated with the Conservation Area and The Gullies Precinct because the bulk of the mature trees
on the site will be retained.
The proposal fulfils the objectives for alterations and additions to buildings located within the Beecroft
- Cheltenham Heritage Conservation Area, as set out by the Hornsby LEP 2013 and the Hornsby
DCP 2013, and addresses the Council comments made at the Pre-DA meeting held in December
2017.
Hornsby Shire Council Report No. LPP16/21 Page 11
Local Planning Panel meeting 28 July 2021 Business Paper Page 11
ITEM
1
Consistent with the conclusions reached by Senior Commissioner Roseth in the matter of Project
Venture Developments v Pittwater Council [2005] NSW LEC 191 I have formed the considered
opinion that most observers would not find the proposed development, by virtue of the building height
breaching pitched roof elements offensive, jarring or unsympathetic having regard to the existing and
desired future built form characteristics of development on the site and that of development generally
within the sites visual catchment.
Further, the minor height of building variation does not lead to a development that is inappropriate
having regard to the infrastructure capacity of the locality which is well serviced as reflected by its R2
Low Density Residential zoning. Existing services are capable of accommodating any additional
capacity generated by the proposed works.
The building heights proposed are consistent with the established built form circumstance on the site,
appropriately respond to the constraints imposed by the heritage listing of the property and its location
within a heritage conservation area, and facilitate the provision of a quantum of floor space that
reflects the reasonable development potential of the land, have regards to its established residential
care facility used, and result in a building form which does not exceed the infrastructure capacity of
the locality.
The proposal is consistent with this objective.
Having regard to the above, the non-compliant height components of the building will achieve the
objectives of the standard to at least an equal degree as would be the case with a development that
complied with the building height standard. Given the developments consistency with the objectives of
the height of buildings standard strict compliance has been found to be both unreasonable and
unnecessary under the circumstances.
Council considers that the applicant’s written request sufficiently identifies that the objectives of the
development standard are achieved notwithstanding the non-compliance with the standard. The
request makes a sufficient argument that the proposed built form and height is “appropriate for the
site constraints, development potential and infrastructure capacity of the locality” with respect to the
heritage listings.
2.1.3.2 Environmental Planning Grounds
In addition to demonstrating that compliance is unreasonable or unnecessary, Clause 4.6(3)(b) of the
HLEP requires that there are sufficient environmental planning grounds to justify contravening the
development standard. In demonstrating that sufficient environmental planning grounds exist, it must
be demonstrated that the planning grounds are particular to the circumstances of the development on
the subject site (summarised from Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 1009 [60].
In demonstrating the environmental planning grounds the written request states in part:
Sufficient environmental planning grounds exist to justify the height of buildings variation namely the
appropriate distribution of floor space on the site, within characteristically pitched roof forms, which
facilitates the upgrading of the existing residential care facility to contemporary standards and in doing
so significantly enhancing the residential amenity and operational efficiency of the existing facility.
The location of floor space within the non-compliant pitched roof building elements responds
appropriately to the heritage listing of the subject property and its location within a heritage
conservation area. To distribute the floor space by an alternate manner would result in unacceptable
heritage conservation outcomes and prevent the upgrading of the existing facility.
Hornsby Shire Council Report No. LPP16/21 Page 12
Local Planning Panel meeting 28 July 2021 Business Paper Page 12
ITEM
1
I consider the proposal to be of a skilful design which responds appropriately and effectively to the
heritage constraints of the site. The proposed development achieves the objects in Section 1.3 of the
EPA Act, specifically:
• The proposal promotes the orderly and economic use and development of land (1.3(c)).
• The proposal promotes the sustainable management of built and cultural heritage by
providing additional floor space within characteristically pitched roof forms exceeding the
building height standard (1.3(f))
• The development represents good design (1.3(g)).
• The building as designed facilitates its proper construction and will ensure the protection of
the health and safety of its future occupants (1.3(h)).
It is noted that in Initial Action, the Court clarified what items a Clause 4.6 does and does not need to
satisfy. Importantly, there does not need to be a "better" planning outcome:
87. The second matter was in cl 4.6(3)(b). I find that the Commissioner applied the wrong test
in considering this matter by requiring that the development, which contravened the height
development standard, result in a "better environmental planning outcome for the site" relative
to a development that complies with the height development standard (in [141] and [142] of
the judgment). Clause 4.6 does not directly or indirectly establish this test. The requirement in
cl 4.6(3)(b) is that there are sufficient environmental planning grounds to justify contravening
the development standard, not that the development that contravenes the development
standard have a better environmental planning outcome than a development that complies
with the development standard.
There are sufficient environmental planning grounds to justify contravening the development
standard.
Council considers that the environmental planning grounds stated within the written request are
sufficient with respect to Clause 4.6(3)(b) and that the stated grounds are specific to the proposed
development and the circumstances of the development site. It is therefore considered that the written
request adequately demonstrates compliance with the clause and is acceptable in this regard.
Council notes that notwithstanding the non-compliant height, the proposal is compliant with other
standards contained within State Environmental Planning Policy (Housing for Seniors or People with a
Disability) 2004 including the maximum floor space ratio and minimum landscaped area, as well as
setback controls contained within the Hornsby Development Control Plan 2013. The distribution of the
additional floor area predominantly within an attic style third storey is considered more appropriate
than directly adjacent to the site boundaries. The proposal maintains a garden setting and allows for
the retention of trees and sufficient landscape planting.
2.1.3.3 Public Interest and Clause 4.6(4)
Clause 4.6(4) states that development consent must not be granted for development that contravenes
a development standard unless:
(a) The consent authority is satisfied that -
(i) The applicant’s written request has adequately addressed the matters required to be
demonstrated by subclause (3), and
Hornsby Shire Council Report No. LPP16/21 Page 13
Local Planning Panel meeting 28 July 2021 Business Paper Page 13
ITEM
1
(ii) The proposed development will be in the public interest because it is consistent with
the objectives of the particular standard and the objectives for development within the
zone in which the development is proposed to be carried out, and
(b) The concurrence of the Planning Secretary has been obtained.
With regard to part (i), the written request is considered to adequately address the matter required to
be demonstrated as outlined above.
With regard to part (ii), the proposed development is considered to be in the public interest because it
is consistent with the objectives of the particular standard and the objectives for development within
the zone in which the development is proposed to be carried out.
With regard to (b) the concurrence of the Planning Secretary has been obtained.
2.1.4 Heritage Conservation
Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire and aims to
conserve the heritage significance of heritage items and conservation areas including associated
fabric, settings and view. Clause 5.10(4) requires the consent authority, before granting consent, to
consider the effect of the proposal on the significance of the item or area concerned. An assessment
is provided below in accordance with Council’s local heritage provisions contained within Clause 5.10
of the HLEP as well as Part 9 of the Hornsby Development Control Plan (HDCP).
2.1.4.1 Site Context and Background
The property is included as Heritage Item No. 65 (Built) - “Brunoy” (Chesalon Nursing Home) in
Schedule 5 of the HLEP. It is located in the Plateau precinct of the Beecroft-Cheltenham Heritage
Conservation Area (HCA).
Council’s Heritage Register describes Brunoy as a large Federation period house with a complex
hipped slate roof and unusual sandstone verandah columns. It has been considerably compromised
by alterations and additions in the 1950s and the late 1990-2000s since its original construction in
1917.
The Plateau Precinct of the HCA is characterised by well-articulated and predominantly single storey
buildings from the Victorian, Federation, Inter-War and Post War periods, large domestic gardens
amongst mature trees and remnant native tree forest communities.
Chesalon is in the vicinity of the following properties/places listed in the HLEP:
• Item No. 63 - “Combanning” (house built c1915) at No. 140 Beecroft Road, Beecroft
• Item No. 64 - Fence, posts and garden (built c1930s/40s) at No. 142 Beecroft Road, Beecroft
• Item No. 130 - Street Trees, Murray Road, Beecroft
• Item No. 260 - “Lauriston” (house built 1902) at No. 150 Beecroft Road, Cheltenham
• Item No. 261 - “Quambi” (house built c1902) at No. 152 Beecroft Road, Cheltenham
• Item No. 262 - “Mosbrae” (house built 1913) at No. 157 Beecroft Road, Cheltenham
The residential aged care facility at the site ceased operating in 2019 and in May 2020, pre-
lodgement advice regarding preliminary plans for proposed major alterations and additions was
sought (PL/33/2020).
Hornsby Shire Council Report No. LPP16/21 Page 14
Local Planning Panel meeting 28 July 2021 Business Paper Page 14
ITEM
1
Pre-Lodgement advice to the proponent raised no concerns regarding the refurbishment of the
existing nursing home in order to update the amenities to meet contemporary aged care living
standards subject to design amendments. Council further noted that upgrades to the interior, floor
plan and fit-out to the modern building complex would have no heritage impact to the heritage values
of the place.
A number of key heritage amendments to the preliminary plans were suggested to minimise impact on
the heritage values of the site, the HCA and heritage items in the vicinity. They included reducing the
massing, bulk and scale of new builds and additions so they appear as no more than 2 storeys to
Murray Road and one storey to Beecroft Road, increasing some front and side setbacks and
minimising proposed changes to any original fabric within ‘Brunoy’. A Statement of Heritage Impact
that included a detailed fabric analysis, a Landscape Plan that included a garden layout and schedule
of plants to complement the heritage item and an Arborist report were required to be submitted with a
DA.
2.1.4.2 Assessment
The proposal has been considered with regard to the heritage requirements of the HLEP, Part 9 -
Heritage of the HDCP, the pre-lodgement heritage advice and information submitted with the DA
including the Heritage Impact Statement (HIS) by Weir Phillip Heritage.
The following tables reiterate the key heritage concerns raised in the Pre-Lodgement heritage advice
about the preliminary plans submitted in May 2020 and provides an assessment of the proposed
amendments in DA/124/2021. For the purpose of this assessment, site orientation references have
been standardised with the Architectural Plans which identify Beecroft Road as the northern
boundary/building elevation and Murray Road as the eastern boundary/building elevation. The HIS
identifies Beecroft Road as the eastern boundary/building elevation and Murray Road as the southern
boundary/building elevation.
Pre-Lodgement Modifications / Existing Heritage item
Issues/Assessment Criteria DA/124/2021 Assessment
Detailed fabric analysis of the
existing spaces, existing fabric and
a historic analysis of the original
floor plan (of Brunoy) to be
submitted within the Statement of
Heritage Impact.
A site history, floor plan sequences and detailed fabric survey
are provided in HIS.
The HIS concludes that Brunoy has a 65-year history of
substantial alterations and additions, the majority in 1955.
Some external rectification works were undertaken in 2000,
however and due to its compromised interior, the building’s
principal significance is in its external form, scale and finish.
Assessment: The application satisfactorily addresses the Pre-
Lodgement requirements and the conclusions of the HIS
regarding the significance of Brunoy primarily being retained in
its external form and finish are accepted.
Part 9.3.1 (n) of the HDCP -
changes to the original layout of the
building should be minimal and
original decorative elements should
be retained.
Further amendments to the
Proposed alterations include removal some mostly non-original
internal walls to create new/reconfigured en-suite bedrooms,
internal facilities and service rooms.
Assessment: The proposal includes reinstating some original
elements and removing unsympathetic accretions as well as
amendments to the floor plan and some fabric removal. On
balance, the proposed works retain the primary significance of
Hornsby Shire Council Report No. LPP16/21 Page 15
Local Planning Panel meeting 28 July 2021 Business Paper Page 15
ITEM
1
surviving elements of the original
floor plan or removal of original
fabric would not be supported.
the place.
Any proposed amendments to the
front porch/veranda area, including
the removal/replacement of the
railing should be detailed in the
architectural plans.
The architectural plans include details of proposed changes to
the front porch/verandah area and tiling the concrete floor
areas and terrace facing Beecroft Road. The north-west corner
wall would be demolished for a bedroom extension into the
previous verandah area. The north-east corner exterior wall
would also be demolished, and the adjacent north-east corner
verandah filled in to become part of an extended common
living area.
Assessment: The bedroom extension into the north-east corner
verandah is accepted as original fabric and building form in this
location has been previously compromised. Tiling the porch is
a positive outcome as it removes an unsympathetic concrete
surface. Railings and other details are appropriate.
Demolishing the south-east exterior corner wall and filling in
the adjacent north-east corner verandah (termed sunroom in
1997 plans) to become part of an extended common living is
not supported. The verandah is currently open with security
screening between columns, and this retains its form and
materials which are features noted in the heritage listing. Given
the HIS identifies that the heritage significance of building now
is with its external form, scale and finish, the loss of the
verandah is considered an adverse heritage impact that would
permanently compromise significance of Brunoy and it is not
accepted.
In this regard, amended plans have been lodged retaining the
north-east open verandah, openings from the building to the
verandah is considered acceptable on heritage grounds.
Alterations and Additions – Murray Road
Issues/Assessment Criteria DA/124/2021 Assessment
The HDCP prescribes single storey
scale of buildings within the
Beecroft /Cheltenham HCA. The
proposal in its current form
presents predominantly as three-
storeys to Murray Road.
The proposed attic level additions result in parts of the main
entrance area of the buildings fronting Murray Road presenting
as three storeys to the street. Their ridge height is slightly
under the east-west ridge apex of Brunoy but above its north-
south ridge height.
Assessment: The footprint of the attic extensions has been
slightly reduced to those indicated in the PL plans and facade
materials, articulation and window placement and dimensions
modified. The landscape plan indicates the retention of an
existing tree and new trees forward of the main entrance area
that will soften and obscure the three-storey presentation to the
street and the set-back remains generous.
Hornsby Shire Council Report No. LPP16/21 Page 16
Local Planning Panel meeting 28 July 2021 Business Paper Page 16
ITEM
1
While not entirely consistent with the HDCP, the additional
height is accepted as most of the buildings fronting Murray
Road that include Brunoy will appear as one or two-storeys to
the street. The slope and setbacks as well as façade
treatments and landscaping also combine reduce the impact of
inappropriate bulk and scale.
As the additional height applies to only a portion of the Murray
Street frontage of the complex, it is considered that on balance,
the height would not unacceptably impact the key heritage
character or significance of the HCA as a whole or adversely
impact the significance of the adjacent Brunoy.
Skylights are not supported in
HCAs where they can be seen
from the public domain. Delete
skylights visible on the eastern
façade and relocate.
Skylights not apparent in architectural plans on eastern
elevations
New Building – Beecroft Road
Issues/Assessment Criteria DA/124/2021 Assessment
The proposal presents as a two-
storey building to Beecroft Road.
Amend design of the attic-level on
the Beecroft Road façade so that
new level either sits within the roof
space, obscured behind a front
gable/roof hip and located below the
main roof ridge of the heritage item.
Increase front and eastern side
setback to reduce heritage impact
and retain two significant palms in-
situ.
Maintain visual prominence of the
heritage item within in the
streetscape by locating new
addition/ancillary building behind
the front building line and respect
the historic presentation of the
property in relation to the historic
side boundaries to the streetscape.
The location, footprint and design of the proposed new
building west of Brunoy and fronting Beecroft Road has been
amended from the original pre-lodgement plans. It has been
setback behind the building line of Brunoy and its height
lowered by locating it entirely within the lower lawn area
behind established plantings and placing upper rooms within
the roof space.
Assessment: The new building appears as a single storey
building to the street.
The front garden and setback to Beecroft Road including
palms would be retained, although one will be relocated on
site within Brunoy’s Beecroft Road setting. The side setback to
Brunoy has been increased.
The proposed roof form and pitch of the new building is
compatible with Brunoy, other buildings on the site and the
characteristic roof forms within the HCA. View lines to Brunoy
from the street would not be obscured.
Further assessment of the facades
will be provided on receipt of the
proposed materials and finishes
schedule under the development
assessment
The proposed colour palette of browns, creams and neutrals
are compatible with Brunoy and the HCA.
Hornsby Shire Council Report No. LPP16/21 Page 17
Local Planning Panel meeting 28 July 2021 Business Paper Page 17
ITEM
1
Landscaping
Issues/Assessment Criteria DA/124/2021
A Landscape Plan should be
prepared to detail the proposed
design of the new landscape works
and a planting schedule to
complement the period of the
heritage item, to screen the level
change and retaining walls
proposed facing Murray Road, and
to retain glimpse views of the front
façade from Beecroft Road.
Details of any new fencing and the
hard landscaping surfaces should
also be included in the Landscape
Plan and/or schedule of finishes
and materials.
The proposal should maximise the
retention of the significant features
onsite to maintain their prominence
and landmark status within the site
and HCA.
A detailed landscape plan with planting schedule and fencing
and materials palette were submitted with DA.
The landscape plan specifies retained and new plantings
throughout the complex as well as hard landscaping details.
The plant schedule includes species to complement the period
of the heritage item especially adjacent to Brunoy and along
Beecroft Road where front boundary planting will be of low-mid
size species.
Fencing and hard landscaping includes many retained
pathways, low brick walls, brick paved outdoor living areas,
sandstone or concrete finishes to paths and driveways and
black palisade security fencing to reflect existing heritage
handrail metal
Assessment: The landscape plan is comprehensive and
appropriately reflects and reinforces the heritage garden setting
of Brunoy and the formal landscape character of the HCA. Key
existing and prominent garden features such as palms would
be retained, and new planting introduced to provide screening
and separation between the new building, the street and
Brunoy. Fencing and hard surfaces are similarly compatible
with the heritage significance of the site and the HCA as a
whole.
Lower shrub planting along Beecroft Road to retain views to
Brunoy from the public domain.
Careful consideration should be
given to the visual presentation of
the ground level change between
the heritage item and the modern
complex in Murray Road.
The landscape plan indicates that the ground level change will
be densely planted with mature tall evergreen shrubs to screen
the masonry wall, forward of which towards the main entrance
would be mature palms transplanted from elsewhere on the
site. The yard area behind Brunoy will feature Black Birch trees
on an otherwise fairly open setting.
Assessment: The combined tall and screen plantings along the
level change will clearly visually separate Brunoy from the
newer development, provide screening and soften the
appearance of retaining walls.
2.1.4.3 Heritage in the Vicinity
The proposed works would be physically and visually separated from heritage items in the vicinity by
dense and tall existing vegetation and or intervening buildings. The landscape plan allows Brunoy to
retain its existing visual relationship with them. Accordingly, it is not considered that the proposed
works would adversely impact their heritage values or setting.
Hornsby Shire Council Report No. LPP16/21 Page 18
Local Planning Panel meeting 28 July 2021 Business Paper Page 18
ITEM
1
2.1.4.4 Summary
The revised proposal is a substantial improvement in heritage terms from the original pre-lodgement
proposal, primarily due to the relocation, redesign and reduced envelope of the new building along
Beecroft Road. Enhanced landscape works will also support the heritage values of the site and the
HCA as a whole and reinforce screening between old and new elements so that Brunoy remains the
prominent building in the landscape and as seen from Beecroft Road.
While not entirely consistent with the provisions of the HDCP, the three-storey height of some of the
buildings fronting Murray Road is accepted as many others will retain a largely two storey form and
the slope and setbacks as well as façade treatments and landscaping combine to reduce the impact
of inappropriate bulk and scale.
Proposed alterations to the interior of Brunoy are accepted as the building has been previously
substantially modified and the works would generally have minimal heritage impact.
The proposal is therefore considered accepted with regard to the heritage provisions contained within
Part 5.10 of the HLEP.
The following conditions are recommended:
• An Interpretation Plan for Brunoy be submitted and agreed to by Council prior to works
commencing to the interior or exterior of Brunoy.
• Archival recording of significant fabric and spaces of Brunoy be undertaken prior to works
commencing to the interior or exterior of Brunoy. A copy of the archival recording is to be
lodged with Hornsby Shire Library.
2.1.5 Earthworks
Clause 6.2 of the HLEP states that consent is required for proposed earthworks on site. Before
granting consent for earthworks, the consent authority is required to assess the impacts of the works
on adjoining properties, drainage patterns and soil stability of the locality.
The waste management plan submitted with the proposal estimates that 730m3 of excavated material
would be required to be removed in order create the new entranceway from Murray Road.
The application is also supported by a geotechnical report, prepared by White Geotechnical Group
that concludes that no hazards would be created subject to implementation of the report’s
recommendations. A condition is therefore recommended that the recommendations of the report are
adhered too during construction.
Further, the Statement of Environmental Effects (SEE) states that all excavated material would be
disposed of to a suitable landfill area. Conditions are also recommended that all extracted material be
disposed of in a licenced facility.
Council raises no objections to the proposed earthworks as they are unlikely to cause impact to
adjoining property or existing drainage patterns.
2.2 State Environmental Planning Policy (Housing for Seniors or People with a Disability)
2004
State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 (SEPP
HSPD) is the overriding planning instrument for the development of housing for aged and disabled
people in NSW and provides for hostels, residential care facilities (nursing homes) self-contained
Hornsby Shire Council Report No. LPP16/21 Page 19
Local Planning Panel meeting 28 July 2021 Business Paper Page 19
ITEM
1
dwellings and multi-storey buildings. SEPP HSPD is comprehensive in scope including land use
planning provisions, design principles, development standards and standards specifically to meet the
housing needs of aged and disabled people.
In February 2019, SEPP HSPD was amended so that it does not apply to Heritage Conservation
Areas within in the Greater Sydney Region until 1 July 2020. This has twice been subsequently
extended a further year by the Minister and will be repealed on 1 July 2022.
The amendment of SEPP HSPD inserted Clause 4A into the SEPP, which states that “This Policy
does not apply to land in the Greater Sydney Region if an environmental planning instrument
identifies the land as being within a heritage conservation area”.
Consequently, as per the provisions of Clause 4A, SEPP HSPD does not apply to the proposed
development and the requirements of this environmental planning instrument are not applicable to the
proposed development. Notwithstanding this fact, the planning controls contained within SEPP HSPD
can be utilised to form a merit-based assessment of the proposed development. Such an assessment
of the proposal in accordance with the relevant requirements of SEPP HSPD is provided as follows:
2.2.1 Clause 11 - Residential Care Facilities
The SEPP HSPD includes the flowing definition for “residential care facility”:
“In this Policy, a residential care facility is residential accommodation for seniors or people with a
disability that includes -
(a) Meals and cleaning services, and
(b) Personal care or nursing care, or both, and
(c) Appropriate staffing, furniture, furnishings and equipment for the provision of that
accommodation and care, not being a dwelling, hostel, hospital or psychiatric facility”.
For the purposes of assessment against SEPP HSPD, the proposed RACF development is defined as
a “residential care facility” comprising 97 bedrooms.
2.2.2 Clause 26 - Location and Access to Facilities
The SEPP HSPD includes mandatory standards for accessibility and useability to ensure wheelchair
accessibility throughout the development and to a public road. Moreover, Clause 26 states that a
consent authority must not consent to a seniors housing development if the site is located more than
400m from facilities and services, or a bus stop or train station that provides a frequent daily
connection to these services.
The application maintains that the site would be within 280m of a bus stop on southern and northern
sides of Beecroft Road.
The SEPP HSPD requires that facilities and services be accessible by means of a ‘suitable access
pathway’ (sealed footpath) and the overall average gradient for the pathway is to be no more than
1:14, although the following gradients along the pathway are also acceptable:
• A gradient of no more than 1:12 for slopes for a maximum of 15 metres at a time.
• A gradient of no more than 1:10 for a maximum length of 5 metres at a time.
• A gradient of no more than 1:8 for distances of no more than 1.5 metres at a time.
Hornsby Shire Council Report No. LPP16/21 Page 20
Local Planning Panel meeting 28 July 2021 Business Paper Page 20
ITEM
1
Council confirms that bus stops are available on the northern and southern side of Beecroft Road
outside No. 134 Beecroft Road that provide a transport connection to local shops (Route 651). Access
to the bus stops is via a sealed footpath. The Transport NSW website confirms that the bus service
operates 7 days a week.
In addition, the application notes that an 8-seat minibus will be housed at the facility in order to
provide access to any additional off-site services.
The proposal is considered acceptable with regard to Clause 26.
2.2.3 Clause 30 - Site Analysis
The application includes a site analysis plan and accompanying information in accordance with the
requirements of the SEPP HSPD. The proposal is assessed as satisfactory in this regard.
2.2.4 Clause 32 - Design of Residential Development
In determining a development application, a consent authority must not grant consent to a
development unless the consent authority is satisfied that the proposed development demonstrates
that adequate regard has been given to the principles set out in Division 2 (Clauses 33 to 39). As
discussed below, Council is generally satisfied that the proposal demonstrates sufficient regard for the
design principles.
2.2.4.1 Clause 33 - Neighbourhood Amenity and Streetscape
Council’s assessment against the relevant requirements of Clause 33 is provided as follows.
The proposed development should-
(a) recognise the desirable elements of the location’s current character (or, in the case of
precincts undergoing a transition, where described in local planning controls, the desired
future character) so that new buildings contribute to the quality and identity of the area
Comment: In response to Clause 33(a), the site is zoned as low-density residential and is located
within the Beecroft-Cheltenham Conservation area. The HDCP does not contain a specific desired
future character statement for the R2 zone
Notwithstanding this, the site is located within the vicinity of a variety of development including
medium density independent living units and other residential aged care facilities, detached dwelling
houses, and an educational establishment known as Cheltenham girls’ high school.
Council considers that the modifications to the existing facility would provide sufficient boundary
setbacks, high level landscaping and would contribute to the quality of the area.
As discussed within Section 2.1.3 of this report, the proposal has demonstrated that the height of the
development is appropriate for the site context taking into consideration the specific circumstances of
the site.
As discussed within Section 2.1.4 of this report, the amended proposal has demonstrated that the
proposal would be compatible with the surrounding heritage conservation area.
Council is satisfied that the amended development considers the requirements of Clause 33(a) and
generally meets the desired future character of the locality.
(c) maintain reasonable neighbourhood amenity and appropriate residential character by -
(i) providing building setbacks to reduce bulk and overshadowing, and
Hornsby Shire Council Report No. LPP16/21 Page 21
Local Planning Panel meeting 28 July 2021 Business Paper Page 21
ITEM
1
(ii) using building form and siting that relates to the site’s land form, and
(iii) adopting building heights at the street frontage that are compatible in scale with
adjacent development.
Comment: In response to Clause 33(c), the proposal has demonstrated that minimum existing
boundary setbacks would be maintained with the exception of the new building fronting Beecroft
Road. The new building would have a setback of 3.77m from the side boundary and 16.5m from
Beecroft Road which is considered appropriate in the context of the site. The setbacks are also
compliant with the HDCP controls which stipulate a 9m setback to Beecroft Road and 1.5m side
setback.
With regard to the proposed height and scale, the two-storey built form plus attic does not strictly
conform to Council’s HDCP given it would exceed two storeys. With regard to the Beecroft Road
elevation, the proposal would appear as single storey to respect the existing heritage item. With
regard to the Murray Road frontage, Council considers that the additional height and storey are
acceptable as discussed in Section 2.1.4 (Heritage Conservation) of this report.
In summary, the proposal has demonstrated that adequate regard has been given to Clause 33(c) of
SEPP HSPD.
(e) embody planting that is in sympathy with, but not necessarily the same as, other planting in
the streetscape
Comment: The application includes a landscape plan, prepared by Trish Dobson. The plan indicates
the planting of trees, shrubs and groundcovers surrounding the facility and within dedicated open
space areas. The species comprise a mix of locally native and introduced species. The planting
schedule lists a total of 36 trees, 24 palms and hundreds of shrubs and ground covers.
The proposed landscaping is considered appropriate for the site context and would reinforce the
heritage garden setting of the sites item. Proposed fencing and hard surfaces are considered
compatible with the surrounding heritage setting.
Overall, the development is considered satisfactory with regard to the desirable landscape elements
of the locality.
(f) retain, wherever reasonable, major existing trees
Comment: The application is supported by an arboricultural impact assessment (AIA), prepared by
Rain Tree Consulting. The report recommends the removal of two trees being T1A, a dead brush box
and T38A, a broad-leaved privet. The application also recommends the re-location of three palms.
The AIA also recommends tree sensitive construction in order to maintain the health of various trees
with a low to moderate tree protection zone disturbance.
Council’s Tree assessment concurs with the recommendations of the report and conditions of consent
are recommended that a project arborist be appointed to the project to provide monitoring and
assistance throughout construction. Further, conditions would be recommended that tree sensitive
construction be undertaken in accordance with the recommendations of the AIA.
Subject to conditions, the proposal complies the provisions of Clause 33 of the SEPP HSPD and is
assessed as satisfactory in this regard.
2.2.4.2 Clause 34 - Visual and Acoustic Privacy
Hornsby Shire Council Report No. LPP16/21 Page 22
Local Planning Panel meeting 28 July 2021 Business Paper Page 22
ITEM
1
Clause 34 notes that development should consider the visual and acoustic privacy of neighbours in
the vicinity of the site by appropriate design of windows, balconies and landscaping, as well as
ensuring acceptable noise levels.
With regard to visual privacy, courtyard and open spare areas continue to be provided internally or to
the street with sufficient perimeter screening. No objections are raised in this regard.
With regard to potential overlooking from windows, sensitive residential receivers are located to the
south and west being the independent living unit development at No. 16 Murray Road and the
dwelling house at No. 142 Beecroft Road. The lower ground and upper ground floor would maintain
an existing 5.5m - 6.5m setback for majority of the building to the south, while the attic level would be
setback 20m - 26m. This provides a minimum building separation to the southern adjoining buildings
of 12-17m. The lower ground and upper ground floor would maintain an existing 2.5m - 4m setback to
the west, while the attic level would vary between 6m to 12.5m. This provides building separation of
4m-10m to the western adjoining buildings at the lower/upper ground levels and a minimum of 16.5m
to the attic levels. Notwithstanding sufficient building separation, conditions are recommended that
bathroom windows oriented toward the southern and western boundaries utilise privacy glass to limit
any potential overlooking and perceived privacy loss as a result of the development.
With regard to acoustic privacy, the application is supported by a noise assessment report, prepared
by Acoustic Logic. The report addresses noise intrusion into the development from external noise
sources, namely Beecroft Road as well as the setup of mechanical plant.
With regard to noise intrusion into the facility, the assessment report makes recommendations
regarding glazed windows and doors, wall construction, roof and ceiling construction, penetration
treatment as well as alternative ventilation for several common areas and bedrooms. Conditions have
been included that the recommendations of this report be complied with.
With regard to noise generated from the facility, the report provides an assessment based on the new
entry driveway and drop off area from Murray Road. The report acknowledges that door slamming at
night (56db) may exceed the threshold of 52db at the nearest residential boundary, however suggests
that this is unlikely to result in any sleep disturbance as it is significantly quieter than traffic on
Beecroft Road and the noise is likely to be substantially reduced within the bedrooms of adjoining
properties.
The report notes that mechanical plant has not be chosen at this time, however provides a noise
criterion for reference. In this regard conditions are recommended that any plant not exceed
background noise levels by 5db at the property boundary of adjoining residential receivers.
The report does not provide an assessment with regard to noise emissions from the use of the
driveway and loading dock as this is unchanged from previous conditions of consent. In this regard,
the application does not propose to increase the amount of beds or staff at the facility. As a
consequence, the amount of waste and service vehicles accessing the site is not predicted to
increase.
Council acknowledges submissions stating that deliveries and collections have occurred at
unreasonable times in the past and has recommended conditions in Schedule 1 requiring waste
collection and deliveries to not take place between 8pm and 7am weekdays, or 8pm and 8am on
weekends and public holidays.
In order to ensure that the existing boundary fence is in good working order, a condition is
recommended that it be upgraded to include an additional layer of lapped palings to improve its
effectiveness and be certified by an acoustic consultant to be gap free.
Hornsby Shire Council Report No. LPP16/21 Page 23
Local Planning Panel meeting 28 July 2021 Business Paper Page 23
ITEM
1
Subject to conditions, the proposal complies with the provisions of Clause 34 of the SEPP HSPD and
is assessed as satisfactory in this regard.
2.2.4.3 Clause 35 - Solar Access and Design for Climate
Clause 35 requires seniors living developments to provide adequate daylight to the main living areas
of neighbouring properties and adequate sunlight to areas of private open space.
Based on the submitted shadow diagrams, the proposal would shadow the front portion of the three
dwellings to the south at No. 16 Murray Road within the morning mid-June period to a slightly more
extent than the existing development. Notwithstanding, by midday, the shadow path would be well
clear of the dwellings for the rest of the day. Given all adjacent dwellings would receive at least 3
hours of sunlight access mid-June the proposal is considered satisfactory in this regard.
The shadow diagrams also indicate that communal private open space areas would receive sufficient
sunlight access during mid-winter.
The proposal complies with the provisions of Clause 35 of the SEPP HSPD and is assessed as
satisfactory in this regard.
2.2.4.4 Clause 36 - Stormwater
Clause 36 requires development to minimise the disturbance and impacts of stormwater runoff on
adjoining properties and include, wherever practical on-site stormwater detention or stormwater re-
use.
The application is supported by stormwater civil plans, prepared by ACOR consultants. The plans
detail the installation of an on-site detention (OSD) system designed to capture stormwater and limit
the flow during heavy rainfall events. The OSD would be installed under the existing driveway
adjacent to Murray Road and would have a capacity of 22.85m3. Stormwater from the new roofs and
impervious areas would be connected to the OSD.
Council’s engineering assessment raises no objections to the proposal in regard to stormwater
dispersal subject to recommended conditions, including stormwater quality treatment.
Subject to conditions, the proposal complies the provisions of Clause 36 of the SEPP HSPD and is
assessed as satisfactory in this regard
2.2.4.5 Clause 37 - Crime Prevention
The proposal includes a discussion in regard to Clause 37 within the submitted SEE.
The pedestrian entrance, pedestrian linkages, outdoor common areas and orientation of bedrooms
ensures casual surveillance of the development and separation of public and private areas. The
application is assessed as satisfactory in this regard. The SEE also notes that the car parking area
would be illuminated at night. Conditions are recommended that all lighting be designed and installed
in accordance with Australian Standard AS4282 Control of the obtrusive effects of outdoor lighting in
order to not create a nuisance for adjoining residential development.
Subject to conditions, the proposal complies the provisions of Clause 37 of the SEPP HSPD and is
assessed as satisfactory in this regard
2.2.4.6 Clause 38 - Accessibility
Hornsby Shire Council Report No. LPP16/21 Page 24
Local Planning Panel meeting 28 July 2021 Business Paper Page 24
ITEM
1
The application includes an accessibility report, prepared by Accessible Building Solutions. The report
indicates that the development can comply with the internal and outdoor accessibility provisions within
relevant Australian Standards, the Building Code of Australia, and SEPP HSPD.
Subject to conditions, the proposal complies the provisions of Clause 38 of the SEPP HSPD and is
assessed as satisfactory in this regard
2.2.4.7 Clause 39 - Waste Management
The application is supported by an on-going waste management plan (WMP) and a demolition and
construction plan, both prepared by Waste Audit and Consultant Services.
The WMP proposes 10x 660L bins; 4x 660L for general waste collected twice weekly, 3x 660L for
recycling collected once weekly and 3x 660L for paper cardboard collected once weekly. Council has
historically identified that most nursing homes generate in the order of 100 litres/bed/week for
garbage and 40 litres/bed/week for recycling (at a ratio of 3:1 cardboard: mixed recycling). This would
indicate that the site will need 6x 660L garbage bins collected twice weekly, 3 of paper/cardboard bins
collected weekly and 2 of 660L mixed recycling bins collected weekly, a total of 11 of 660L bins, being
one more than proposed in the WMP.
The waste storage area would be located at the basement level of the development. It has sufficient
space to comfortably store 10x 660L bins and could store more, though staff would most likely have to
move bins around between collection services in order to access all the bins.
The existing driveway is not being altered, and a satisfactory vehicle turning path has been provided
for a medium rigid vehicle as per the existing waste collection vehicle that services the site. The
nursing home is a commercial development and will be using a commercial waste collection service
provider. To ensure that waste collection vehicles do not result in sleep disturbance for adjacent
residential receivers, conditions are recommended that waste collection does not take place between
8pm and 7am weekdays, or 8pm and 8am on weekends and public holidays.
The Construction and Demolition Waste Management Plan includes a site plan indicating where
construction and demolition waste will be sorted and stored. The plan also demonstrates how waste
collection vehicles are to access these areas.
Subject to conditions, the proposal complies the provisions of Clause 39 of the SEPP HSPD and is
assessed as satisfactory in this regard
2.2.5 Clause 40 - Development Standards
(2) Site size: The size of the site must be at least 1,000 square metres.
Comment: The site has an area of 6,167m2 and complies with the standard in respect to the site area
being greater than the minimum 1,000m2.
(3) Site frontage: The site frontage must be at least 20 metres wide measured at the building
line.
Comment: The site is regular in shape with a 68.5m frontage to Beecroft Road and a 90m frontage to
Murray Road which complies with the minimum frontage of 20m at the building line.
(4) Height in zones where residential flat buildings are not permitted: If the development is
proposed in a residential zone where residential flat buildings are not permitted—
(a) The height of all buildings in the proposed development must be 8 metres or less, and
Hornsby Shire Council Report No. LPP16/21 Page 25
Local Planning Panel meeting 28 July 2021 Business Paper Page 25
ITEM
1
(b) A building that is adjacent to a boundary of the site (being the site, not only of that
particular development, but also of any other associated development to which this
Policy applies) must be not more than 2 storeys in height, and
(c) A building located in the rear 25% area of the site must not exceed 1 storey in height.
Comment: In response to Clause 40(4), the application of Clause 40 in SEPP HSPD does not apply to
the development given it is not a permissible land use and relies on existing use rights. A merit based
assessment of the height of the proposal is provided in Part 2.1.2 of this report.
2.2.6 Clause 48 - Standards That Cannot be Used to Refuse Development Consent for
Residential Care Facilities
Clause 48 of SEPP HSPD includes non-discretionary development standards and states “a consent
authority must not refuse consent to a development application made pursuant to this Chapter for the
carrying out of development for the purpose of a residential care facility on any of the following
grounds”. A discussion is provided below in this regard.
(a) building height: if all proposed buildings are 8 metres or less in height (and regardless of
any other standard specified by another environmental planning instrument limiting
development to 2 storeys)
Comment: The proposal would exceed 8m in height. A discussion regarding height is provided within
Section 2.1.2 of this report in which Council raises no objections to the proposed height non-
compliance.
(b) density and scale: if the density and scale of the buildings when expressed as a floor space
ratio is 1:1 or less
Comment: The Area Calculation Plan indicates that the RACF portion of the site would have an FSR
of 0.75:1. Council notes that the calculations included in the plan are incorrect as the measurements
are likely taken from the internal face of the outer walls and excludes the areas for internal stairwells
and lift shafts. The definition of “gross floor area” contained within Clause 3 of SEPP HSPD states that
floor area is to be taken from the outer face of the external wall and it does not state that voids,
stairwells or lift shafts are excluded. Accordingly, Council calculates that the FSR is approximately
0.84:1, which complies with the development standard.
(c) landscaped area: if a minimum of 25 square metres of landscaped area per residential care
facility bed is provided,
Comment: The Area Calculation Plan indicates of landscaped area hatched in green, equating to
35m2 per residential bed which is substantially over the standard. No objections are raised in this
regard.
(d) parking for residents and visitors: if at least the following is provided:
(i) 1 parking space for each 10 beds in the residential care facility (or 1 parking space for
each 15 beds if the facility provides care only for persons with dementia), and
(ii) 1 parking space for each 2 persons to be employed in connection with the
development and on duty at any one time, and
(iii) 1 parking space suitable for an ambulance”.
Comment: The proposed number of car parking spaces is compliant with the standard with 8 spaces
for the 76 beds, 16 spaces for the 32 employees and 1 ambulance parking space.
Hornsby Shire Council Report No. LPP16/21 Page 26
Local Planning Panel meeting 28 July 2021 Business Paper Page 26
ITEM
1
2.3 State Environmental Planning Policy (Infrastructure) 2007
2.3.1 Development with frontage to a classified road
The proposal has been assessed against the requirements of Clause 101 of State Environmental
Planning Policy (Infrastructure) 2007 (ISEPP) as the site has frontage to the Beecroft Road. The
clause states that the consent authority must not grant consent to the development unless it is
satisfied that:
(a) Where practicable and safe, vehicular access to the land is provided by a road other than the
classified road, and
(b) The safety, efficiency and ongoing operation of the classified road will not be adversely
affected by the development as a result of:
(i) The design of the vehicular access to the land, or
(ii) The emission of smoke or dust from the development, or
(iii) The nature, volume or frequency of vehicles using the classified road to gain access
to the land, and
(c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is
appropriately located and designed, or includes measures, to ameliorate potential traffic noise
or vehicle emissions within the site of the development arising from the adjacent classified
road.
With regard to Clause 101(a), access to the site is provided via Murray Road.
With regard to Clause 101(b), the safety, efficiency and ongoing operation of Beecroft Road is unlikely
to be impacted as site access is from Murray Road, the development would not emit smoke or dust
and the number of residential beds are not increasing as a result of this development.
With regard to Clause 101(c), the development is sensitive to traffic noise and vehicle emissions. A
discussion regarding noise is provided in Section 2.2.4.2 of this report. With regard to vehicle
emissions, the centre is existing, and Council is satisfied that the development has been designed to
provide residential care rooms at a safe distance from Beecroft Road.
2.3.2 Impact of road noise or vibration on non-road development
An assessment of the impact of road noise on a residential use is required pursuant to Clause 102 of
ISEPP where development fronts a road with an annual average daily traffic volume of more than
20,000 vehicles. Traffic data shows that Beecroft Road in 2021 has an average traffic count of 28,000
vehicles.
In accordance with Clause 102, the consent authority must consider any guidelines regarding road
noise and must not grant consent unless it is satisfied that appropriate measures will be taken to
ensure that the following LAeq levels are not exceeded:
(a) in any bedroom in the residential accommodation—35 dB(A) at any time between 10
pm and 7 am.
(b) anywhere else in the residential accommodation (other than a garage, kitchen,
bathroom or hallway)—40 dB(A) at any time.
A discussion regarding noise incursion from Beecroft Road is provided in Section 2.2.4.2 of this report
and Council is satisfied that the development can comply with the abovementioned requirements.
Hornsby Shire Council Report No. LPP16/21 Page 27
Local Planning Panel meeting 28 July 2021 Business Paper Page 27
ITEM
1
Conditions of consent would ensure that the development is capable of achieving reasonable amenity
and acoustic privacy in accordance with the requirements within “Development Near Rail Corridors
and Busy Roads - Interim Guidelines 2008”.
2.4 State Environmental Planning Policy No. 55 Remediation of Land
The application has been assessed against the requirements of State Environmental Planning Policy
No. 55 (SEPP 55). This Policy provides State-wide planning controls requiring that consent must not
be granted to the carrying out of development on land unless it has considered whether the land is
contaminated or requires remediation for the proposed use.
A search of Council’s records and aerial images reveals that the property has been historically used
for residential and aged care purposes with no record of any site contamination. Given this, the site
would be suitable for the continued use and no further assessment in relation to this policy is required.
2.5 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (Vegetation SEPP)
commenced 25 August 2017 and aims to protect the biodiversity and amenity values of trees within
non-rural areas of the state.
Part 3, Clause 9(2) of the Vegetation SEPP states that a Development Control Plan may make a
declaration in any manner relating to species, size, location and presence of vegetation. Accordingly,
Part 1B.6.1 of the Hornsby Development Control Plan 2013 (HDCP) prescribes works that can be
undertaken with or without consent to trees and objectives for tree preservation. The application
seeks consent to remove trees requiring consent under the HDCP. An assessment of tree removal is
provided under Section 2.2.4.1 (Neighbourhood Amenity and Streetscape) of this report.
2.6 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005
The application has been assessed against the requirements of Sydney Regional Environmental Plan
(Sydney Harbour Catchment) 2005. This Policy provides general planning considerations and
strategies to ensure that the catchment, foreshores, waterways and islands of Sydney Harbour are
recognised, protected, enhanced and maintained.
Subject to the implementation of installation of sediment and erosion control measures and
stormwater management to protect water quality, the proposal would have minimal potential to impact
on the Sydney Harbour Catchment.
2.7 Clause 3.42 Environmental Planning and Assessment Act 1979 - Purpose and Status of
Development Control Plans
Clause 3.42 of the Environmental Planning and Assessment Act 1979 states that a DCP provision will
have no effect if it prevents or unreasonably restricts development that is otherwise permitted and
complies with the development standards in relevant Local Environmental Plans and State
Environmental Planning Policies.
The principal purpose of a development control plan is to provide guidance on the aims of any
environmental planning instrument that applies to the development; facilitate development that is
permissible under any such instrument; and achieve the objectives of land zones. The provisions
contained in a DCP are not statutory requirements and are for guidance purposes only. Consent
authorities have flexibility to consider innovative solutions when assessing development proposals, to
assist in achieving good planning outcomes.
Hornsby Shire Council Report No. LPP16/21 Page 28
Local Planning Panel meeting 28 July 2021 Business Paper Page 28
ITEM
1
2.8 Hornsby Development Control Plan 2013
The Hornsby Development Control Plan 2013 (HDCP) applies to all land within Hornsby Shire and
came into effect on 11 October 2013. A discussion regarding relevant sections of the HDCP are
provided below. Council notes that the proposal has been assessed predominantly against the
requirements of SEPP HSPD in accordance with the prescriptive measure of Part 7.2 of the HDCP
which states development for seniors housing should comply with the planning controls in the SEPP.
2.8.1 Scale
A discussion regarding the scale of the proposal is provided in Sections 2.1.2 and 2.2.4.1 of this
report.
2.8.2 Setbacks
A discussion regarding the setbacks of the proposal is provided in Section 2.2.4.1 of this report.
2.8.3 Vehicle Access and Parking
The application includes a new vehicle entry and pedestrian drop-off bay from Murray Road. The
drop-off bay is considered to meet the objectives of the HLEP to provide for safe vehicle access.
A discussion regarding parking is provided in Section 2.6 of this report.
The proposal would not increase the number of residents or staff and therefore no increase in traffic
generation is anticipated from the development.
2.9 Section 7.12 Contributions Plan
Hornsby Shire Council Section 7.12 Contributions Plan 2019-2029 applies to the development as the
estimated costs of works is greater than $100,000. Should the application be approved, an
appropriate condition of consent is recommended requiring the payment of a contribution in
accordance with the Plan.
3. ENVIRONMENTAL IMPACTS
Section 4.15(1)(b) of the Act requires Council to consider “the likely impacts of that development,
including environmental impacts on both the natural and built environments, and social and economic
impacts in the locality”.
3.1 Natural Environment
3.1.1 Tree and Vegetation Preservation
The proposed development would necessitate the removal of 2 low retention value trees from the site,
however would provide for the planting of 36 trees, 24 palms and hundreds of shrubs and ground
cover. The application is considered to provide a benefit to the natural environment in terms of tree
and vegetation preservation.
3.1.2 Stormwater Management
The application is considered acceptable with regard to stormwater management subject to
recommended conditions.
3.2 Built Environment
Hornsby Shire Council Report No. LPP16/21 Page 29
Local Planning Panel meeting 28 July 2021 Business Paper Page 29
ITEM
1
3.2.1 Built Form
Discussions regarding the impact of the proposal on the built environment is provided in Section
2.2.4.1 of this report.
3.3 Social Impacts
The development would continue to provide housing for seniors in a high-care environment. The
proposed development would result in a social benefit for the occupants of the facility by providing
higher quality living areas.
There would be a number of multiplier effects that the development would provide throughout the
local and regional economies through the construction phase of the development.
3.4 Economic Impacts
The proposal would have a minor positive impact on the local economy in conjunction with other
residential development in the locality by generating an increase in demand for local services.
4. SITE SUITABILITY
Section 4.15(1)(c) of the Act requires Council to consider “the suitability of the site for the
development”.
The subject site has not been identified as bushfire prone or flood prone land. The site is considered
to be capable of accommodating the proposed development. The scale of the proposed development
is consistent with the capability of the site and is considered acceptable.
5. PUBLIC PARTICIPATION
Section 4.15(1)(d) of the Act requires Council to consider “any submissions made in accordance with
this Act”.
5.1 Community Consultation
The proposed development was placed on public exhibition and was notified to adjoining and nearby
landowners between 10 February 2021 and 4 March 2021 and between 14 May 2021 and 4 June
2021 in accordance with the Hornsby Community Participation Plan. During this period, Council
received a total of 14 submissions. The map below illustrates the location of those nearby landowners
who made a submission that are in close proximity to the development site.
Hornsby Shire Council Report No. LPP16/21 Page 30
Local Planning Panel meeting 28 July 2021 Business Paper Page 30
ITEM
1
NOTIFICATION PLAN
• PROPERTIES
NOTIFIED
X SUBMISSIONS
RECEIVED
PROPERTY SUBJECT
OF DEVELOPMENT
3 SUBMISSIONS RECEIVED OUT OF MAP RANGE
14 submissions objected to the development, generally on the grounds that the development would
result in:
5.1.1 Unacceptable Noise Impacts
• Concerns are raised that the operation of the facility, specifically deliveries to and from the
loading dock and waste collection will result in unacceptable noise incursion into the adjacent
independent living units to the south (No. 16 Murray Road).
• Concerns are also raised that the submitted acoustic report does not sufficiently address
predicted noise from waste collection and delivery vehicles. A further submission notes that
the existing boundary fence should be replaced with an acoustic fence and privacy screen.
Comment: The application does not propose to increase the number of approved beds or staff at the
facility. As a consequence, the amount of waste and service vehicles accessing the site is not
anticipated to increase. In order to ensure that the existing boundary fence is effective in noise
mitigation, a condition is recommended that it be upgraded to include an additional layer of lapped
palings to improve its effectiveness and be certified by an acoustic consultant to be gap free.
• Multiple submissions also note that nearby residents have had problems in the past where
garbage trucks would collect waste early in the mornings.
Hornsby Shire Council Report No. LPP16/21 Page 31
Local Planning Panel meeting 28 July 2021 Business Paper Page 31
ITEM
1
Comment: Council has reviewed the historical consent for the facility. There are no existing
development consent conditions to restrict time of waste collection or deliveries to the site. Council
acknowledges submissions alleging that deliveries and collections have occurred at unreasonable
times in the past and recommended conditions in Schedule 1 that waste collection and deliveries do
not take place between 8pm and 7am weekdays, or 8pm and 8am on weekends and public holidays
• Concerns are raised that noise from plant, equipment and exhaust fans will be heard from the
independent living units to the south and south-west.
Comment: Conditions are recommended that noise from plant be limited to no more than 5db above
the ambient background levels measured at the property boundary of an adjoining residential
property.
• A submission notes that noise from the kitchen needs to be contained by appropriate
screening.
Comment: The kitchen would be enclosed fully within the lower ground level and noise generation is
unlikely to be an issue for adjoining residential receivers.
5.1.2 Construction Management
• A submission raises concerns about the crushing of concrete waste on site.
Comment: Noise and dust generated by construction activities have been considered and appropriate
conditions of development consent are recommended in Schedule 1 of this report for the control of
pollutants during construction.
• Submissions raise concerns about hours of construction.
Comment: A condition is recommended limiting hours of construction between 7am and 5pm Monday
and Saturday with no work permitted on Sundays or public holidays.
• A further submission raises concerns with regard to dust from construction.
Comment: A condition is recommended that the site be managed in accordance with the publication
‘Managing Urban Stormwater’ Landcom (March 2004) and the Protection of the Environment
Operations Act 1997 in order to limit dust and sediment runoff.
5.1.3 Height
Submissions raise concerns that the increased height of the facility will be an eyesore for the adjacent
independent living units to the south (No. 16 Murray Road). and result in overshadowing.
Comment: This matter is addressed in Section 2.1.12 and 2.1.13 of this report.
5.1.4 Solar Access
Submissions raise concerns that the increased height of the facility will result in additional
overshadowing.
Comment: The shadow diagrams submitted with the application indicate that a marginal increase in
shadowing would occur at 9am mid-June to the units to the south, with little to no additional shadow
from 12pm onward.
5.1.5 Privacy
Hornsby Shire Council Report No. LPP16/21 Page 32
Local Planning Panel meeting 28 July 2021 Business Paper Page 32
ITEM
1
A submission notes that trees 11-20 should be maintained in order to provide a privacy barrier.
Comment: Trees 11-20 are proposed to be maintained. Conditions are recommended that they be
retained and protected during construction.
Multiple submissions note that privacy concerns could arise from the use of the new building with the
roof garden above the garbage room.
Comment: The roof garden above the waste room does not have external access and cannot be
accessed by residents of the facility. Accordingly, no privacy impacts are anticipated from its inclusion.
A submission raises privacy concerns as a result of additional southern facing windows.
Comment: This matter is addressed in Section 2.2.4.2 of this report.
5.1.6 Lighting
A submission raises concerns that light spill might occur from the RACF facility into the adjoining
seniors living units at No. 16 Murray Road.
Comment: Conditions are recommended that all lighting be designed and installed in accordance with
Australian Standard AS 4282 Control of the obtrusive effects of outdoor lighting in order to not create
a nuisance for adjoining residential development.
5.1.7 Traffic and Parking
A submission raises concerns with lack of on-street parking on Murray Road during school hours.
Comment: The application does not propose to increase the number of staff or residents at the
existing facility and the proposal complies with relevant off-street car parking provisions.
5.1.8 Landscaping
A submission notes that screen planting should be included to improve visual amenity.
Comment: The application has been submitted with landscape plans, prepared by Trish Dobson. The
plan indicates the planting of trees, shrubs and groundcovers surrounding the facility and within
dedicated open space areas. The species comprise a mix of locally native and introduced species.
The planting schedule lists a total of 36 trees, 24 palms and hundreds of shrubs and ground covers.
This plan has been assessed as satisfactory by Council.
5.1.9 Heritage
Submissions raise concerns that the construction of the new building adjoining Beecroft will negatively
impact the existing on-site heritage item.
Comment: This matter is addressed in Section 2.1.4 of this report.
5.1.10 Existing Use Rights
A submission raises concerns that the proposal would make worse a prohibited land use and that the
proposal is expanding this use through additional floor area and height.
Comment: This matter is addressed in Section 2.1.1 of this report.
5.1.11 Notification
Hornsby Shire Council Report No. LPP16/21 Page 33
Local Planning Panel meeting 28 July 2021 Business Paper Page 33
ITEM
1
Submissions raise concerns that notification letters were not sent to the adjoining property at No. 142
Beecroft Road and that a yellow notification sign was not displayed.
Comment: In response to this concern, the original notification period was from 10 February to 4
March 2021. Council did not receive evidence that a yellow notification sign was displayed during this
timeframe. Accordingly, the application was re-notified again from 14 May 2021 to 4 June 2021.
Further, Council have copies of two notification letters that were sent to the owner of No. 142 Beecroft
Road.
5.2 Public Agencies
The development application was not referred to any Public Agencies for comment.
6. THE PUBLIC INTEREST
Section 4.15(1)(e) of the Act requires Council to consider “the public interest”.
The public interest is an overarching requirement, which includes the consideration of the matters
discussed in this report. Implicit to the public interest is the achievement of future built outcomes
adequately responding to and respecting the future desired outcomes expressed in environmental
planning instruments and development control plans.
The application is considered to have satisfactorily addressed Council’s and relevant agencies’
criteria and would provide a development outcome that, on balance, would result in a positive impact
for the community. Accordingly, it is considered that the approval of the proposed development would
be in the public interest.
CONCLUSION
The application proposes alterations and additions to an existing residential aged care facility.
“Seniors housing” is a prohibited landuse within the subject R2 Low density residential zone. The
application maintains that the site benefits from existing use rights.
The application includes a Clause 4.6 variation request to vary the maximum height of buildings
development standard. The request is considered well founded.
The development generally meets the desired outcomes of Council’s planning controls and is
satisfactory having regard to the matters for consideration under Section 4.15 of the Environmental
Planning and Assessment Act 1979.
Council received 14 submissions during the public notification period. The matters raised have been
addressed in the body of the report.
Having regard to the circumstances of the case, approval of the application is recommended.
The reasons for this decision are:
• A merit-based assessment of the proposed development against the relevant requirements of
State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004,
the Hornsby Local Environmental Plan 2013 and the Hornsby Development Control Plan
2013 identifies that the proposed development would be acceptable on the subject site.
• The request to vary the development standard contained within Clause 4.3 of the Hornsby
Local Environmental Plan 2013 is well founded. Strict compliance with the development
standard is unreasonable and unnecessary in the circumstances of the case and there are
Hornsby Shire Council Report No. LPP16/21 Page 34
Local Planning Panel meeting 28 July 2021 Business Paper Page 34
ITEM
1
sufficient environmental planning grounds to justify the variation to the development
standards.
• The proposed development does not create unreasonable environmental impacts to adjoining
development with regard to visual bulk, overshadowing, solar access, amenity or privacy.
Note: At the time of the completion of this planning report, no persons have made a Political
Donations Disclosure Statement pursuant to Section 10.4 of the Environmental Planning and
Assessment Act 1979 in respect of the subject planning application.
RESPONSIBLE OFFICER
The officer responsible for the preparation of this report is Ben Jones.
CASSANDRA WILLIAMS
Major Development Manager - Development
Assessments
Planning and Compliance Division
ROD PICKLES
Manager - Development Assessments
Planning and Compliance Division
Attachments:
1. Locality Plan
2. Survey Plan
3. Architectural Plans
4. Landscape Plans
5. Clause 4.6
File Reference: DA/124/2021
Document Number: D08172188
Hornsby Shire Council Report No. LPP16/21 Page 35
Local Planning Panel meeting 28 July 2021 Business Paper Page 35
ITEM
1
SCHEDULE 1
GENERAL CONDITIONS
The conditions of consent within this notice of determination have been applied to ensure that the use
of the land and/or building is carried out in such a manner that is consistent with the aims and
objectives of the relevant legislation, planning instruments and council policies affecting the land and
does not disrupt the amenity of the neighbourhood or impact upon the environment.
Note: For the purpose of this consent, the term ‘applicant’ means any person who has the authority to
act on or the benefit of the development consent.
Note: For the purpose of this consent, any reference to an Act, Regulation, Australian Standard or
publication by a public authority shall be taken to mean the gazetted Act or Regulation or adopted
Australian Standard or publication as in force on the date that the application for a construction
certificate is made.
1. Approved Plans and Supporting Documentation
The development must be carried out in accordance with the plans and documentation listed
below and endorsed with Council’s stamp, except where amended by Council and/or other
conditions of this consent:
Approved Plans
Plan No. Plan Title Drawn by Dated Council
Ref.
DA-02 – A Site Plan Gartner Trovato
Architects
21/12/2020
DA-03 – B Basement Plan Gartner Trovato
Architects
22/03/2021
DA-04 – B Lower Ground Plan Gartner Trovato
Architects
22/03/2021
DA-05 – B Upper Ground Plan Gartner Trovato
Architects
22/03/2021
DA-06 – A Attic Level Gartner Trovato
Architects
21/12/2020
DA-07 – B Elevations North and South Gartner Trovato
Architects
22/03/2021
DA-08 – B Elevations East and West Gartner Trovato
Architects
22/03/2021
DA-09 – A Sections Gartner Trovato
Architects
21/12/2020
DA-14 – B Heritage Building Plan Gartner Trovato
Architects
22/03/2021
DA-15 – B Heritage Building Elevations Gartner Trovato 22/03/2021
Hornsby Shire Council Report No. LPP16/21 Page 36
Local Planning Panel meeting 28 July 2021 Business Paper Page 36
ITEM
1
Architects
2010 DA-L01
to DA-L06
Landscape Plans Trish Dobson 17/12/2020
Supporting Documentation
Document Title Prepared by Dated Council
Ref.
Acoustic Report (20201196.1) Acoustic Logic 21/04/2021 D08149979
Arboricultural Impact Assessment
(4321)
Rain Tree Consulting 7/12/2021 D08102894
Arboricultural Tree Protection Plan
(4321)
Rain Tree Consulting 30/03/2021 D08135438
Demolition and Construction Waste
Management Plan
Waste Audit and
Consultancy Services
03/2021 D08119709
Operational Waste Management Plan Waste Audit and
Consultancy Services
10/2020 D08102915
Statement of Compliance Access for
People with a Disability (220122)
Accessible Building
Solutions
27/10/2020 D08102943
Parking Assessment (20076) Terraffic Pty Ltd 23/12/2020 D08102908
Geotechnical Investigations (J2903) White geotechnical
group
03/09/2021 D08102989
Civil Services Plans (NSW201039) ACOR Consultants 14/10/2020 D08102896
Building Code of Australia Assessment
(20-215487_CapStat_R03)
Philip Chun Building
Compliance
10/12/2020 D08102895
2. Amendment of Plans
a) To comply with Councils requirement in terms of privacy, the approved architectural
plans prepared by Gartner Trovato Architects are to be amended as follows:
i) Fixed frosted glazing must be installed on all bathroom windows facing the
southern and western boundaries.
b) The amended plans must be submitted with the application for the Construction
Certificate.
3. Section 7.12 Development Contributions
(a) In accordance with Section 4.17(1) of the Environmental Planning and Assessment
Act 1979 and the Hornsby Shire Council Section 7.12 Development Contributions
Plan 2019-2029, $124,404.45 must be paid towards the provision, extension or
augmentation of public amenities or public services, based on development costs of
$12,440,447.
Hornsby Shire Council Report No. LPP16/21 Page 37
Local Planning Panel meeting 28 July 2021 Business Paper Page 37
ITEM
1
(b) The value of this contribution is current as of 23 June 2021. If the contributions are
not paid within the financial quarter that this consent is granted, the contributions
payable will be adjusted in accordance with the provisions of the Hornsby Shire
Council Section 7.12 Development Contributions Plan and the amount payable will be
calculated at the time of payment in the following manner:
$CPY = $CDC x CPIPY
CPIDC
Where:
$CPY is the amount of the contribution at the date of Payment.
$CDC is the amount of the contribution as set out in this Development Consent.
CPIPY is the latest release of the Consumer Price Index (Sydney – All Groups) at
the date of Payment as published by the ABS.
CPIDC is the Consumer Price Index (Sydney – All Groups) for the financial quarter
at the date of this Development Consent.
(c) The monetary contributions shall be paid to Council:
(i) Prior to the issue of the Subdivision Certificate where the development is for
subdivision.
(ii) Prior to the issue of the first Construction Certificate where the development
is for building work.
(iii) Prior to issue of the Subdivision Certificate or first Construction Certificate,
whichever occurs first, where the development involves both subdivision and
building work.
(iv) Prior to the works commencing where the development does not require a
Construction Certificate or Subdivision Certificate.
Note: It is the professional responsibility of the Principal Certifying Authority to ensure that
the monetary contributions have been paid to Council in accordance with the above
timeframes.
Note: The Hornsby Shire Council Section 7.12 Development Contributions Plan may be
viewed at www.hornsby.nsw.gov.au or a copy may be inspected at Council’s Administration
Centre during normal business hours.
4. Removal of Trees
a) This development consent permits the removal of trees numbered T1a and T38a as
identified in the Arboricultural Impact Assessment prepared by Rain Tree Consulting
Arboricultural Management dated 7/12/2020, and Tree Protection Specification
(including plan) provided by Rain Tree Consulting Arboricultural Management dated
30/3/2021.
b) Trees number T21, T22, T36 and T49 must to be relocated to an alternate location
within the property as specified in the landscape plans prepared by Trish Dobson.
Hornsby Shire Council Report No. LPP16/21 Page 38
Local Planning Panel meeting 28 July 2021 Business Paper Page 38
ITEM
1
c) No consent is granted for the removal of any other trees on site or on adjoining sites.
Note: The removal of any other trees requires separate approval by Council in
accordance with Part 1B.6 Tree and Vegetation Preservation of the Hornsby Development
Control Plan, 2013 (HDCP).
5. Construction Certificate
a) A Construction Certificate is required to be approved by Council or a Private
Certifying Authority prior to the commencement of any construction works under this
consent.
b) A Subdivision Works Certificate is required to be approved by Council or a Private
Certifying Authority prior to the commencement of any subdivision works under this
consent.
c) A separate Subdivision Works Certificate must be obtained from Council for all works
within the public road reserve under S138 of the Roads Act.
d) A separate Subdivision Works Certificate must be obtained from Council for all works
within drainage easements vested in Council.
e) The Construction Certificate / Subdivision Works Certificate plans must be consistent
with the Development Consent plans.
REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE
6. Building Code of Australia Upgrade
To ensure the protection of persons using the building and to facilitate egress from the
building in the event of a fire, the application for a construction certificate must demonstrate
that the existing building (aside from the heritage building fabric) has been upgraded to
comply with the current National Construction Code – Building Code of Australia. Upgrade
documentation shall have regard for the Building Code Review by Philip Chun dated 10th
December 2020.
7. Fire Safety Schedule
A schedule of all proposed essential fire safety measures to be installed in the building (e.g.
hydrants, hose reels, emergency warning systems etc.) shall be submitted with the
construction certificate application.
8. Sydney Water – Approval
This application must be submitted to Sydney Water for approval to determine whether the
development would affect any Sydney Water infrastructure, and whether further requirements
are to be met.
Note: Building plan approvals can be obtained online via Sydney Water Tap inTM through
www.sydneywater.com.au under the Building and Development tab.
9. Accessibility
Hornsby Shire Council Report No. LPP16/21 Page 39
Local Planning Panel meeting 28 July 2021 Business Paper Page 39
ITEM
1
The construction certificate plans must be certified by an accredited access consultant in
accordance with the recommendations and the requirements for ongoing design detailed in
the Statement of Compliance prepared by access building solutions.
10. Identification of Survey Marks
A registered surveyor must identify all survey marks in the vicinity of the proposed
development. Any survey marks required to be removed or displaced as a result of the
proposed development shall be undertaken by a registered surveyor in accordance
with Section 24 (1) of the Surveying and Spatial Information Act 2002 and following
the Surveyor General’s Directions No.11 – Preservation of Survey Infrastructure.
11. Stormwater Drainage
The stormwater drainage system for the development must be designed in accordance with
AUS-SPEC Specifications (www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-
conditions) and the following requirements:
a) Connected directly to the existing pipeline in Murray Road via the on-site detention
system and water quality control system.
12. On Site Stormwater Detention/Water Quality Control System
An on-site stormwater detention system must be designed by a chartered civil engineer and
constructed in accordance with the following requirements:
a) Have a capacity of not less than 24 cubic metres, and a maximum discharge (when
full) of 163 litres per second;
b) Have a surcharge/inspection grate located directly above the outlet;
c) Discharge from the detention system must be controlled via 1 metre length of pipe,
not less than 50 millimetres diameter or via a stainless plate with sharply drilled orifice
bolted over the face of the outlet discharging into a larger diameter pipe capable of
carrying the design flow to an approved Council system;
d) The water quality control system is required to be designed to achieve a reduction of
90% Gross Pollutants, 80% Total Suspended Solids, 60% Total Phosphorous and
45% Total Nitrogen.
13. Internal Driveway/Vehicular Areas
The driveway and parking areas on site must be designed, constructed and a Construction
Certificate issued in accordance with Australian Standards AS2890.1, AS2890.2, AS3727 and
the following requirements:
a) Design levels at the front boundary be obtained from Council.
b) The driveway be a rigid pavement.
14. Electrical Kiosks and Fire Booster
Electrical kiosks and fire booster assemblies must be located in unobtrusive locations away
from vehicle and pedestrian entrances to the property. The utilities must be softened by a built
screen and/or landscaping so as not to impact on the streetscape.
Hornsby Shire Council Report No. LPP16/21 Page 40
Local Planning Panel meeting 28 July 2021 Business Paper Page 40
ITEM
1
Details of compliance with this requirement must be provided prior to issue of the
Construction Certificate.
15. Certification of Traffic Engineer
Prior to the issue of a Construction Certificate, a Certificate from an appropriate qualified
Traffic Engineer is to be submitted to the Principal Certifying Authority (PCA) certifying that
the parking modules and loading areas comply with AS2890.1, AS2890.2 and the approved
Development Consent plans and conditions.
16. Certification of Acoustic Report Recommendations
Prior to the issue of a Construction Certificate, a Certificate from an appropriate qualified
acoustic consultant is to be submitted to the Principal Certifying Authority (PCA) certifying that
the plans are capable of complying with the recommendations contained within the Acoustic
Assessment report prepared by Acoustic Logic dated 21/04/2021, Report No. 20201196.1
and this consent as well as “Development Near Rail Corridors and Busy Roads - Interim
Guidelines 2008”.
17. Retaining Walls
To ensure the stability of the site, structural details of all required retaining walls must be
submitted with the application for the Construction Certificate.
18. Waste Management Details
The following waste management requirements must be complied with:
a) Should there be any conflict or confusion between approved plans and/or consent
conditions related to the waste management system or the waste collection vehicle
travel path on site, then written clarification must be obtained from Council.
The approved on-going waste management system must not be amended without the
written consent of Council.
b) The waste carting route from RACF to the bin storage room must be no less than
1.55m wide (including doorways), must be direct, must not include any steps and
must be wholly within the site. The use of the public footpath to cart waste is not
permitted.
c) There must be no steps along any bin carting route. Ramps and service lifts are
acceptable.
d) A design certificate and detailed plans are to accompany any Construction Certificate
application, which demonstrate that the waste storage room(s) have been designed
to be constructed in accordance with the Waste Minimisation and Management
Guidelines and including the following requirements:
i) The floor is to be constructed of concrete at least 75mm thick and adequately
graded to drain to a Sydney Water approved drainage fitting.
ii) The floor must be finished so that it is non-slip, sealed and impervious, and
has a smooth and even surface coved at all intersections.
iii) The ceilings and walls must be finished with smooth faced non-absorbent
material capable of being cleaned.
Hornsby Shire Council Report No. LPP16/21 Page 41
Local Planning Panel meeting 28 July 2021 Business Paper Page 41
ITEM
1
iv) The room is to be provided with artificial light controllable within the room and
adequate ventilation.
v) The room is to be provided with an adequate supply of hot and cold water
mixed through a centralised mixing valve with hose cock.
vi) The doors are to be robust and lockable, with a door opening of no less than
2m. The doors must be able to be opened from inside the room without a
key.
Note that 240L bins are 600mm wide, 750mm deep, 1100mm high; 660L bins are
1370mm wide, 850mm deep, 1250mm high; 1100L bins are 1370mm wide, 1245mm
deep, 1470mm high; allow 75 mm between bins for ease of manoeuvring and to
avoid damage to walls and doors from bins scraping against them.
e) A Waste Management Plan Section One – Demolition Stage and Section Three –
Construction Stage, covering the scope of this project and including the following
details, is required to be submitted to Council:
i) An estimate of the types and volumes of waste and recyclables to be
generated.
ii) A site plan showing sorting and storage areas for demolition and construction
waste and the vehicle access to these areas.
iii) How excavation, demolition and construction waste materials will be reused
or recycled and where residual wastes will be disposed.
iv) The total percentage (by weight) of demolition and construction waste that
will be reused or recycled.
Note: the site(s) to which the waste materials are taken must be legally able to accept
those wastes.
19. Heritage
a) An Interpretation Plan for Brunoy be submitted and agreed to in writing by Council’s
Heritage officer prior to works commencing to the interior or exterior of Brunoy and
the issuance of a construction certificate.
b) Archival recording of significant fabric and spaces of Brunoy be undertaken prior to
works commencing and the issuance of a construction certificate to the interior or
exterior of Brunoy. A copy of the archival recording is to be lodged with Hornsby Shire
Council Library.
20. Construction Management Plan (CMP)
To assist in the protection of the public, the environment and Council’s assets, a separate
Construction Management Plan must be prepared by a suitably qualified environmental
consultant in consultation with a qualified traffic engineer and AQF 5 arborist, and submitted
to Council’s Compliance Team at:
https://www.hornsby.nsw.gov.au/property/build/applicationforms for review and approval.
The CMP must include the following details:
Hornsby Shire Council Report No. LPP16/21 Page 42
Local Planning Panel meeting 28 July 2021 Business Paper Page 42
ITEM
1
a) A Construction Traffic Management Plan (CTMP) including the following:
i) The order of construction works and arrangement of all construction
machines and vehicles being used during all stages.
ii) The CTMP plans shall be in accordance with all other plans submitted to
Council as part of this development proposal.
iii) A statement confirming that no building materials, work sheds, vehicles,
machines or the like shall be allowed to remain in the road reserve area
without the written consent of Hornsby Shire Council.
iv) The Plan shall be in compliance with the requirements of the Roads and
Maritime Services Traffic control at work sites Manual 2018 and detail:
(a) Public notification of proposed works.
(b) Long term signage requirements.
(c) Short term (during actual works) signage.
(d) Vehicle Movement Plans, where applicable.
(e) Traffic Management Plans.
(f) Pedestrian and Cyclist access and safety.
v) Traffic controls including those used during non-working hours. Pedestrian
access and two-way traffic in the public road must be able to be facilitated at
all times.
vi) Note: A Road Occupancy Licence obtained from Transport Management
Centre may be required for any traffic control impacting on flows along
Beecroft Road during construction activities.
vii) Details of parking arrangements for all employees and contractors, including
layover areas for large trucks during all stages of works. The parking or
stopping of truck and dog vehicles associated with the development will not
be permitted other than on the site and the plan must demonstrate this will be
achieved.
viii) Confirmation that a street ‘scrub and dry’ service will be in operation during
all stages of works.
ix) Proposed truck routes to and from the site including details of the frequency
of truck movements for all stages of the development.
x) Swept path analysis for ingress and egress of the site for all stages of works.
Note: All vehicle access and egress from the site shall be in a forward-facing
direction. An application must be made to and a permit obtained from
Hornsby Shire Council obtained temporary road closure permit must be made
and obtained issued by Council if vehicles are required to reverse into the
site.
xi) Site plans for all stages of works including the location of site sheds, concrete
pump and crane locations, unloading and loading areas, waste and storage
Hornsby Shire Council Report No. LPP16/21 Page 43
Local Planning Panel meeting 28 July 2021 Business Paper Page 43
ITEM
1
areas, existing survey marks, vehicle entry, surrounding pedestrian footpaths
and hoarding (fencing) locations.
xii) The total quantity and size of trucks for all importation and exportation of fill
on site throughout all stages of works, and a breakdown of total quantities of
trucks for each stage of works.
xiii) The number of weeks trucks will be accessing and leaving the site with
excavated or imported fill material.
xiv) The maximum number of trucks travelling to and from the site on any given
day for each stage of works.
xv) The maximum number of truck movements on any given day during peak
commuting periods for all stages of works.
xvi) The source site location of any proposed fill to be imported to the site, for all
stages of works.
xvii) The Plan must state that the applicant and all employees of contractors on
the site must obey any direction or notice from the Prescribed Certifying
Authority or Hornsby Shire Council in order to ensure the above.
xviii) If there is a requirement to obtain a Work Zone, Out of Hours permit, partial
Road Closure or Crane Permit, the Plan must detail these requirements and
include a statement that an application to Hornsby Shire Council will be made
to obtain such a permit.
b) A Construction Waste Management Plan detailing the following:
i) Details of the importation or excavation of soil and fill, the classification of the
fill, disposal methods and authorised disposal depots that will be used for the
fill.
ii) Asbestos management requirement and procedures for removal and disposal
from the site in accordance with AS 2601–2001 The demolition of structures,
and the Protection of the Environment Operations (Waste) Regulation 2005.
iii) General construction waste details including construction waste skip bin
locations and litter management for workers.
c) A Tree Protection Plan (TPP) prepared by an AQF 5 Arborist in accordance with any
approved Arboricultural Impact Assessment and tree location plans, detailing the
following:
i) A site plan showing tree protection zones (TPZ) and structural root zones
(SRZ) of trees to be retained and specific details of tree protection measures
inclusive of distances (in metres) measured from tree trunks.
ii) Construction methodology to avoid damage to trees proposed to be retained
during construction works.
iii) Specifications on tree protection materials used and methods within the TPZ
or SRZ.
iv) Location of dedicated material storage space on site outside of TPZ’s and
SRZ’s for retained trees.
Hornsby Shire Council Report No. LPP16/21 Page 44
Local Planning Panel meeting 28 July 2021 Business Paper Page 44
ITEM
1
d) A Construction Noise and Vibration Management Plan (CNMP) which includes:
i) Existing noise and vibration levels within the proximity of the proposed
development site.
ii) Details of the extent of rock breaking or rock sawing works forming part of the
proposed development works.
iii) The maximum level of noise and vibration predicted to be emitted during
each stage of construction.
iv) The duration of each stage of works where the maximum level of noise and
vibration are predicted to be emitted for.
v) Details of mitigation measures, inclusive of respite periods, that will meet
acoustic standards and guidelines at each stage of works.
vi) Details of a complaints handling process for the surrounding neighbourhood
for each stage of works.
e) Identification of approved sediment and erosion control measures.
f) The CMP must detail the contact information for developers, builder, private certifier
and any emergency details during and outside work hours.
21. Noise – Road Corridor
The development must be carried out in accordance with the recommendations contained
within the acoustic report submitted with the development application, titled 144-146 Beecroft
Road, Beecroft NSW Development Application, prepared by Acoustic Logic and dated
21/4/21, reference 20201196.1/2104A/R1/TB and the requirements of the Department of
Planning’s Development Near Rail Corridors and Busy Roads – Interim Guideline
Note: The Department of Planning’s document is available at www.planning.nsw.gov.au
(development assessments).
REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS
22. Erection of Construction Sign
a) A sign must be erected in a prominent position on any site on which any approved
work is being carried out:
i) Showing the name, address and telephone number of the principal certifying
authority for the work;
ii) Showing the name of the principal contractor (if any) for any demolition or
building work and a telephone number on which that person may be
contacted outside working hours; and
iii) Stating that unauthorised entry to the work site is prohibited.
b) The sign is to be maintained while the approved work is being carried out and must
be removed when the work has been completed.
23. Protection of Adjoining Areas
Hornsby Shire Council Report No. LPP16/21 Page 45
Local Planning Panel meeting 28 July 2021 Business Paper Page 45
ITEM
1
A temporary hoarding, fence or awning must be erected between the work site and adjoining
lands before the works begin and must be kept in place until after the completion of the works
if the works:
a) Could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic.
b) Could cause damage to adjoining lands by falling objects; and/or.
c) Involve the enclosure of a public place or part of a public place.
d) Have been identified as requiring a temporary hoarding, fence or awning within the
Council approved Construction Management Plan (CMP).
Note: Notwithstanding the above, Council’s separate written approval is required prior to the
erection of any structure or other obstruction on public land.
24. Toilet Facilities
a) To provide a safe and hygienic workplace, toilet facilities must be available or be
installed at the works site before works begin and must be maintained until the works
are completed at a ratio of one toilet for every 20 persons employed at the site.
b) Each toilet must:
i) Be a standard flushing toilet connected to a public sewer; or
ii) Be a temporary chemical closet approved under the Local Government Act
1993; or
iii) Have an on-site effluent disposal system approved under the Local
Government Act 1993.
25. Erosion and Sediment Control
To protect the water quality of the downstream environment, erosion and sediment control
measures must be provided and maintained throughout the construction period in accordance
with the manual ‘Soils and Construction 2004 (Bluebook)’, the approved plans, Council
specifications and to the satisfaction of the principal certifying authority. The erosion and
sediment control devices must remain in place until the site has been stabilised and
revegetated.
Note: On the spot penalties may be issued for any non-compliance with this requirement
without any further notification or warning.
26. Waste Management Details
Prior to the commencement of any works, the on-going waste collection service must be
cancelled, and the bins retrieved by the waste collection service provider.
27. Garbage receptacle
a) A garbage receptacle must be provided at the work site before works begin and must
be maintained until all works are completed.
a) The garbage receptacle must have a tight-fitting lid and be suitable for the reception
of food scraps and papers.
Hornsby Shire Council Report No. LPP16/21 Page 46
Local Planning Panel meeting 28 July 2021 Business Paper Page 46
ITEM
1
b) The receptacle lid must be kept closed at all times, other than when garbage is being
deposited.
c) Food scraps must be placed in the garbage receptacle and not in demolition and
construction waste bins.
28. Installation of Tree Protection Measures
a) Trees to be retained and numbered T1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 10ax11, 11, 12, 13,
14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 31, 32, 33, 34, 35,
36, 37, 38x2, 39, 40, 41, 42, 43, 44, 45, 46, 47, 47a, 47b, 48, 49, 50, 51, 52, 53, 54
as identified on the Tree Location Plan prepared by rain Tree Consulting
Arboricultural Management dated 30/3/2021 TRIM D08135438 must have tree
protection measures for the ground, trunk and canopy installed by the project arborist
as follows:
i) For the duration of demolition works, in accordance with the Tree Protection
Plan for prepared by rain Tree Consulting Arboricultural Management dated
30/3/2021.
ii) For the duration of construction works, in accordance with Tree Protection
Plan prepared by rain Tree Consulting Arboricultural Management dated
30/3/2021.
b) Tree protection fencing for the trees to be retained must be installed by the engaged
AQF 5 project arborist and consist of 1.8m high temporary fencing panels installed in
accordance with Australian Standard AS4687-2007 Temporary fencing and
hoardings.
c) The installation of all required tree protection fencing must include shade cloth
attached to the fencing to reduce transport of dust, particulates and liquids from
entering the tree protection zone.
d) The circumference of the trunk(s) must be wrapped in hessian material to provide
cushioning for the installation of timber planks.
e) Timber planks (50 x100mm) must be spaced at 100mm intervals and must be
attached using adjustable ratchet straps.
REQUIREMENTS DURING DEMOLITON AND CONSTRUCTION
29. Construction Work Hours
All works on site, including demolition and earth works, must only occur between 7am and
5pm Monday to Saturday.
No work is to be undertaken on Sundays or public holidays.
30. Works Zone
All construction vehicles associated with the proposed development are to be contained on
site or in a Local Traffic Committee (LTC) approved “Works Zone”.
a) The site supervisor to be advised that the Works Zone will be deemed to be in effect,
and fees will apply, between the dates nominated by the supervisor, or when parking
Hornsby Shire Council Report No. LPP16/21 Page 47
Local Planning Panel meeting 28 July 2021 Business Paper Page 47
ITEM
1
spaces are managed for the sole use of construction vehicles associated with the
site.
b) The Works Zone signs shall be in effect only for the times approved by Council, and
the time is to be noted on the sign. Eg, ‘Works Zone Mon – Sat 7am – 5pm’.
c) The applicant is required to supply a sign posting installation plan for referral to the
Local Traffic Committee, noting on it the duration of the Works Zone.
d) The Works Zone is only to be used for the loading and unloading of vehicles. Parking
of workers’ vehicles, or storage of materials, is not permitted.
31. Demolition
To protect the surrounding environment, all demolition work must be carried out in
accordance with Australian Standard AS2601-2001 Demolition of Structures and the following
requirements:
a) Demolition material must be disposed of to an authorised recycling and/or waste
disposal site and/or in accordance with an approved waste management plan; and
b) Demolition works, where asbestos material is being removed, must be undertaken by
a contractor that holds an appropriate licence issued by SafeWork NSW in
accordance with the Work Health and Safety Regulation 2017 and be appropriately
transported and disposed of in accordance with the Protection of the Environment
Operations (Waste) Regulation 2014; and
c) On construction sites where any building contain asbestos material, a standard
commercially manufactured sign containing the words ‘DANGER ASBESTOS
REMOVAL IN PROGRESS’ and measuring not less than 400mm x 300mm must be
displayed in a prominent position visible from the street.
32. Environmental Management
To prevent sediment run-off, excessive dust, noise or odour emanating from the site during
the construction, the site must be managed in accordance with the publication ‘Managing
Urban Stormwater – Landcom (March 2004) and the Protection of the Environment
Operations Act 1997.
33. Council Property
To ensure that the public reserve is kept in a clean, tidy and safe condition during
construction works, no building materials, waste, machinery or related matter is to be stored
on the road or footpath.
Note: This consent does not give right of access to the site via Council’s park or reserve.
Should such access be required, separate written approval is to be obtained from Council.
34. Disturbance of Existing Site
During construction works, the existing ground levels of open space areas and natural
landscape features, including natural rock-outcrops, vegetation, soil and watercourses must
not be altered unless otherwise nominated on the approved plans.
35. Excavated Material
Hornsby Shire Council Report No. LPP16/21 Page 48
Local Planning Panel meeting 28 July 2021 Business Paper Page 48
ITEM
1
All excavated material removed from the site must be classified by a suitably qualified person
in accordance with the Department of Environment, Climate Change and Water NSW Waste
Classification Guidelines and Protection of the Environment Operations (Waste) Regulation
2014 prior to disposal to an approved waste management facility and be reported to the
principal certifying authority prior to the issue of an Occupation Certificate.
36. Landfill not permitted
The importation of fill material associated with earthworks, or structural or engineering works,
is not permitted as part of this consent.
37. Unexpected Finds
Should the presence of asbestos or soil contamination, not recognised during the application
process be identified during any stage of works, the applicant must immediately notify the
PCA and Council.
38. Geotechnical Report
The recommendations of the Geotechnical Investigations Report prepared by White
Geotechnical group must be complied with throughout the construction and demolition phase
of the development.
39. Survey Report
A report(s) must be prepared by a registered surveyor and submitted to the principal certifying
authority:
a) Prior to the pouring of concrete at each level of the building certifying that:
i) The building, retaining walls and the like have been correctly positioned on
the site; and
ii) The finished floor level(s) are in accordance with the approved plans.
40. Waste Management Details
Requirements of the approved Waste Management Plan shall be complied with during all site
preparation works, demolition and throughout all construction works. When implementing the
Waste Management Plan, the developer is to ensure:
a) The disposal of any demolition and construction waste must be undertaken in
accordance with the requirements of the Protection of Environment Operations Act
1997
b) All waste on site is to be stored, handled and disposed of in such a manner as to not
create air pollution, offensive noise or pollution of land and water as defined by the
Protection of Environment Operations Act 1997
c) Generation, storage, treatment and disposal of hazardous waste is conducted in
accordance with the relevant waste legislation administered by the EPA and relevant
Occupational Health and Safety legislation administered by WorkCover NSW
d) All waste generated (including excavated materials) which cannot be reused or
recycled must be transported to a facility which can lawfully accept it
Hornsby Shire Council Report No. LPP16/21 Page 49
Local Planning Panel meeting 28 July 2021 Business Paper Page 49
ITEM
1
e) All materials and resources that are to be stored on site during construction works are
contained on the site. The provisions of the Protection of Environment Operations Act
1997 must be complied with when placing/stock piling loose material, disposal of
concrete waste or activities which have potential to pollute drains and water courses
f) The storage of waste and recycling containers must be within the boundaries of the
development site at all times. Public footways and roads must not be used for the
storage of any waste and must be kept clear of obstructions during all construction
works
g) Additionally, written records of the following items must be maintained during the
removal of any waste from the site and such information submitted to the Principal
Certifying Authority within fourteen days of the date of completion of the works:
i) The identity of the person removing the waste.
ii) The waste carrier vehicle registration.
iii) Date and time of waste collection.
iv) A description of the waste (type of waste and estimated quantity).
v) Details of the site to which the waste is to be taken.
vi) The corresponding weighbridge tip docket/receipt from the site to which the
waste is transferred (noting date and time of delivery, description (type and
quantity) of waste).
vii) Whether the waste is expected to be reused, recycled or go to landfill.
Note: In accordance with the Protection of the Environment Operations Act 1997, the
definition of waste includes any unwanted substance, regardless of whether it is reused,
recycled or disposed to landfill.
41. Prohibited actions within the fenced tree protection zone
The following activities are prohibited within the approved fenced tree protection zones unless
otherwise approved by Council:
a) Soil cutting or filling, including excavation and trenching
b) Soil cultivation, disturbance or compaction
c) Stockpiling storage or mixing of materials
d) The parking, storing, washing and repairing of tools, equipment and machinery
e) The disposal of liquids and refuelling
f) The disposal of building materials
g) The siting of offices or sheds
h) Any action leading to the impact on tree health or structure
42. Maintaining the health of trees approved for retention
The appointed project arborist must monitor and record any and all necessary actions
required to maintain tree health and condition for trees numbered T1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
10ax11, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 31, 32,
Hornsby Shire Council Report No. LPP16/21 Page 50
Local Planning Panel meeting 28 July 2021 Business Paper Page 50
ITEM
1
33, 34, 35, 36, 37, 38x2, 39, 40, 41, 42, 43, 44, 45, 46, 47, 47a, 47b, 48, 49, 50, 51, 52, 53,
54 on the approved plans.
43. Maintaining Tree Protection Measures
Tree Protection Measures must be maintained by the project arborist in accordance with the
conditions of this consent for the duration of works.
44. Approved Works within Tree Protection Zone incursions
a) Where tree root pruning is required for the installation of piers, driveway or
underground services, the pruning must be overseen by the AQF 5 project arborist
and must be undertaken as follows:
i) Using sharp secateurs, pruners, handsaws or chainsaws with the final cut
being clean.
ii) The maximum diameter of roots permitted to be cut is 40mm
b) Approved excavations within the Tree Protection Zone of trees to be retained not
associated with installation of services must be undertaken as follows:
i) Excavations for the construction and/or installation of the
house/deck/driveway/piers in the Tree Protection Zone of trees to be retained
on the approved plans must be supervised by the project arborist for the first
1.000 meter undertaken manually to locate roots and allow for pruning in
accordance with condition 7a.
c) To minimise impacts within the Tree Protection Zone (TPZ) of trees to be retained on
the approved plans, the installation of services must be undertaken as follows:
i) The AQF 5 project arborist must be present to oversee the installation of any
underground services which enter or transect the tree protection.
ii) The installation of any underground services which either enter or transect
the designated TPZ must be undertaken manually.
iii) For manually excavated trenches the AQF 5 project arborist must designate
roots to be retained. Manual excavation may include the use of pneumatic
and hydraulic tools.
d) Where scaffolding is required, ground protection must be installed beneath the
scaffolding in the following order:
i) Installation of a 100mm deep layer of woodchip and;
ii) Installation of geotextile fabric ground covering and;
iii) Installation of scaffold boarding above the woodchip and geotextile fabric.
45. Street Sweeping
During works and until exposed ground surfaces across the site have been stabilised, street
sweeping must be undertaken following sediment tracking from the site.
The street cleaning service must utilise a ‘scrub and dry’ method and be undertaken for the
full extent of any sediment tracking.
Hornsby Shire Council Report No. LPP16/21 Page 51
Local Planning Panel meeting 28 July 2021 Business Paper Page 51
ITEM
1
46. Maintenance of public footpaths
Public footpaths must be maintained for the duration of works to ensure they are free of trip
hazards, displacements, breaks or debris to enable pedestrians to travel along the footpath
safely.
REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE
47. Damage to Council Assets
To protect public property and infrastructure, any damage caused to Council’s assets as a
result of the construction or demolition of the development must be rectified by the applicant
in accordance with Council’s Civil Works Specifications. Rectification works must be
undertaken prior to the issue of an Occupation Certificate, or sooner, as directed by Council.
48. Creation of Easements
The following matter(s) must be nominated on the plan of subdivision under s88B of the
Conveyancing Act 1919:
a) The creation of an appropriate "Positive Covenant" and "Restriction as to User" over
the constructed on-site detention/retention systems/water quality control system and
outlet works, within the lots in favour of Council in accordance with Council’s
prescribed wording. The position of the on-site detention system is to be clearly
indicated on the title;
b) To register the OSD/water quality system easement, the restriction on the use of land
“works-as-executed” details of the on-site-detention system must be submitted
verifying that the required storage, discharge rates and water quality targets have
been constructed in accordance with the design requirements. The details must
show the invert levels of the on site system together with pipe sizes and grades. Any
variations to the approved plans must be shown in red on the “works-as-executed”
plan and supported by calculations;
Note: Council must be nominated as the authority to release, vary or modify any easement,
restriction or covenant.
49. Vehicular Crossing
A separate application under the Local Government Act 1993 and the Roads Act 1993 must
be submitted to Council for the installation of a new vehicular crossing and the removal of the
redundant crossing. The vehicular crossing must be constructed in accordance with AUS-
SPEC Specifications (www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-
conditions) and the following requirements:
a) Design levels at the front boundary must be obtained from Council for the design on
the internal driveway;
b) Any redundant crossings must be replaced with integral kerb and gutter;
c) The footway area must be restored by turfing;
Hornsby Shire Council Report No. LPP16/21 Page 52
Local Planning Panel meeting 28 July 2021 Business Paper Page 52
ITEM
1
Note: An application for a vehicular crossing can only be made to one of Council’s Authorised
Vehicular Crossing Contractors. You are advised to contact Council on 02 9847 6940 to
obtain a list of contractors.
50. Certification of WSUD Facilities
Prior to the issue of an Occupation Certificate a certificate from a Civil Engineer is to be
obtained stating that the WSUD facilities have been constructed and will meet the water
quality targets as specified in the Hornsby Development Control Plan 2013.
51. Works as Executed Plan
A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to
Council for completed road pavement, kerb & gutter, public drainage systems, driveways and
on-site detention system.
52. Consolidation of Allotments
All allotments the subject of this consent must be consolidated into one allotment.
Note: The applicant is recommended to submit the plan of subdivision to consolidate
allotments to the NSW Department of Lands at least 4-6 weeks prior to seeking an occupation
certificate.
53. Submission of Excavated Material Tipping Dockets to Principal Certifying Authority
Tipping dockets for the total volume of excavated material that are received from the licensed
waste facility must be provided to the Principal Certifying Authority prior to the issue of an
Occupation Certificate.
54. Construction of Engineering Works.
All engineering works identified in this consent are to be completed and a Compliance
Certificate issued prior to the release of the Occupation Certificate or Subdivision Certificate
55. Completion of Landscaping
A certificate must be provided by a practicing landscape architect, horticulturalist or person
with similar qualifications and experience certifying that all required landscaping works have
been satisfactorily completed in accordance with the approved landscape plans prepared by
Trish Dobson (2010 DA-L01 to DA-L06) and the conditions of this consent.
Note: Applicants are advised to pre-order plant material required in pot sizes 45 litre or larger
to ensure nurseries have stock available at the time of install. Plant stock used for the above
planting should be sourced from a native nursery utilising Sydney basin stock.
56. Final Certification
The AQF 5 Project arborist must submit to the Principal Certifying Authority a certificate that
includes the following:
a) All tree protection requirements complied with the as approved tree protection plan
for the duration of demolition and/or construction works and;
b) Dates, times and reasons for all site attendance and;
Hornsby Shire Council Report No. LPP16/21 Page 53
Local Planning Panel meeting 28 July 2021 Business Paper Page 53
ITEM
1
c) All works undertaken to maintain the health of retained trees and;
d) Details of tree protection zone maintenance for the duration of works.
Note: Copies of monitoring documentation may be requested throughout DA process.
57. Acoustic Certification
Prior to the issue of an Occupation Certificate, an Acoustic Compliance Certificate is to be
prepared by a suitably qualified Acoustic Consultant and submitted to the Principal Certifying
Authority and the Council. The Acoustic Compliance Certificate is to certify the following:
a) The development has been constructed in accordance with the recommendations
within Section 5.3 of the Acoustic Report titled 144-146 Beecroft Road, Beecroft NSW
Development Application, prepared by Acoustic Logic, dated 21/4/21, reference
20201196.1/2104A/R1/TB.
b) Alternate ventilation has been installed in accordance with Australian Standard
1668.2-2012 – Mechanical Ventilation in Buildings in the following areas:
i) Ground Floor – North Lounge;
ii) Ground Floor – North Dining;
iii) Ground Floor – Bedrooms 225, 226, 227, 228, 229, 230, 233 and 234; and
iv) Attic – Bedrooms 312 and 313.
c) The following LAeq levels are not exceeded:
i) in any bedroom in the residential accommodation—35 dB(A) at any time
between 10 pm and 7 am;
ii) anywhere else in the residential accommodation (other than a garage,
kitchen, bathroom or hallway) 40 dB(A) at any time.
d) The existing timber fence on the southern boundary of the site adjoining No. 16
Murray Road must be upgraded to include an additional layer of lapped pailings on its
internal face. The fence must be certified by a qualified acoustic consultant to be free
of gaps.
Should the Acoustic Compliance Certificate identify any non-compliance issues, the
Certificate is to provide suitable recommendations for mitigation of those issues, which must
be implemented prior to the issue of an Occupation Certificate.
58. Retaining Walls
All retaining walls must be constructed as part of the development and prior to the issue of an
Occupation Certificate.
59. Asbestos Clearance Certificate
Should any asbestos be encountered during demolition or construction works, a licenced
asbestos assessor is required to provide a Clearance Certificate to the Certifier prior to the
issue of an Occupation Certificate, certifying that the asbestos has been removed and
appropriately disposed of, and the site is now suitable for its approved use.
60. Restriction on Occupation – Housing for Seniors or People with a Disability
Hornsby Shire Council Report No. LPP16/21 Page 54
Local Planning Panel meeting 28 July 2021 Business Paper Page 54
ITEM
1
A restriction as to user must be created under s88E of the Conveyancing Act 1919 and
registered, requiring the development approved under this consent to be solely used for the
accommodation of:
a) Seniors (55+ age) or people with a disability;
b) People who live within the same household as seniors or people with a disability; and
c) Staff employed to assist the administration and provision of services to housing
provided under SEPP (Housing for Seniors or People with a Disability) 2004.
Note: The restriction must nominate Council as the authority to release, vary or modify the
restriction.
61. External Lighting
a) To protect the amenity of adjacent premises, all external lighting must be designed
and installed in accordance with Australian Standard AS4282 Control of the obtrusive
effects of outdoor lighting.
b) Certification of compliance with this Standard must be obtained from a suitably
qualified person and submitted to the PCA with the application for the Occupation
Certificate.
62. Preservation of Survey Marks
A certificate by a Registered Surveyor must be submitted to the Principal Certifying Authority,
certifying that there has been no removal, damage, destruction, displacement or defacing of
the existing survey marks in the vicinity of the proposed development or otherwise the re-
establishment of damaged, removed or displaced survey marks has been undertaken in
accordance with the Surveyor General’s Direction No. 11 Preservation of Survey
Infrastructure.
63. Fire Safety Statement – Final
In accordance with the Environmental Planning & Assessment Regulation 2000, upon
completion of the building, the owner must provide Council with a certificate in relation to each
fire safety measure implemented in the building.
64. Waste Management Details
The following waste management requirements must be complied with:
a) A report must be prepared by an appropriately qualified person, certifying the
following:
i) A comparison of the estimated quantities of each waste type against the
actual quantities of each waste type.
Note: Explanations of any deviations to the approved Waste Management
Plan is required to be included in this report
ii) That at least 60% of the waste generated during the demolition and
construction phase of the development was reused or recycled.
Hornsby Shire Council Report No. LPP16/21 Page 55
Local Planning Panel meeting 28 July 2021 Business Paper Page 55
ITEM
1
Note: If the 60% diversion from landfill cannot be achieved in the
Construction Stage, the Report is to include the reasons why this occurred
and certify that appropriate work practices were employed to implement the
approved Waste Management Plan. The Report must be based on
documentary evidence such as tipping dockets/receipts from recycling
depots, transfer stations and landfills, audits of procedures etc. which are to
be attached to the report.
iii) All waste was taken to site(s) that were lawfully permitted to accept that
waste.
b) The bin carting routes must be devoid of any steps and must be wholly within the site.
Note: Ramps between different levels are acceptable. The use of the public footpath
is not acceptable
c) Site security measures implemented on the property, including electronic gates, must
not prevent access to the collection point(s) by waste removal services.
d) “No parking” signs must be erected to prohibit parking in the waste collection loading
bay and truck turning area.
e) Prior to an Occupation Certificate being issued or the use commencing, whichever is
earlier, all external works including but not limited to the vehicular crossover and
footpath, must be completed.
f) The bin storage room must include water or a hose for cleaning, graded floors with
drainage to sewer, sealed and impervious surfaces, robust door(s), adequate lighting
and ventilation, and must be lockable.
OPERATIONAL CONDITIONS
65. Use of Premises
The development approved under this consent shall be used for a 76-bed residential aged
care facility and not for any other purpose without Council’s separate written consent.
66. Delivery
Commercial deliveries to the site must not take place between 8PM and 7AM weekdays or
8PM and 8AM on weekends and public holidays.
67. Waste Management
The waste management on site must be in accordance with the following requirements:
a) The approved Waste Management Plan is to be implemented throughout the ongoing
use of the development.
b) All commercial tenant(s) must keep written evidence on site of a valid and current
contract with a licensed waste contractor(s) for the regular collection and disposal of
the waste and recyclables that are generated on site.
c) Waste collection services must not take place between 8PM and 7AM weekdays or
8PM and 8AM on weekends and public holidays.
Hornsby Shire Council Report No. LPP16/21 Page 56
Local Planning Panel meeting 28 July 2021 Business Paper Page 56
ITEM
1
d) A Work, Health & Safety (WHS) risk assessment is to be carried out by a suitably
qualified person with qualifications in Work, Health & Safety Legislation with specific
regard to waste management. The recommendations of the WHS Risk Assessment
are to be implemented as required.
e) All commercial tenant(s) must have a sufficient number of bins to contain the volume
of waste and recycling expected to be generated between collection services.
f) All surfaces trafficable by the waste collection vehicle must be kept in good and
substantial repair.
g) Vegetation adjacent to the driveway/accessway/roadway must be regularly pruned to
maintain a 4.5m vertical clearance over the driveway/accessway/roadway and to
ensure the vegetation does not encroach on the vehicular travel path.
h) The nominated on-site collection point is to be utilised to facilitate the collection of
waste and recycling bins for the development. The on-site collection point is to be
kept clear of obstructions at all times so not to restrict the collection of waste and
recycling bins.
i) Adequate signage is to be provided and maintained on how to use the waste
management system and what materials are acceptable for recycling within all waste
storage areas of the development. Signage is also to be provided and maintained
which clearly identifies which bins (and containers) are to be used for general waste
and recycling and what materials can be placed in each bin.
68. Noise – Plant and Machinery
The level of total continuous noise emanating from operation of all the plant, including air
conditioning units and processes in all buildings (LA10) (measured for at least 15 minutes) in
or on the above premises, must not exceed the background level by more than 5dB(A) when
measured at all property boundaries adjoining residential land.
69. Car Parking
All car parking must be constructed and operated in accordance with Australian Standard
AS/NZS 2890.1:2004 Off-street car parking and Australian Standard AS2890.2:2002 Off-
street commercial vehicle facilities.
a) All parking for people with disabilities is to comply with AS/NZS 2890.6:2009 Off-
street parking for people with disabilities.
b) All parking areas and driveways are to be sealed to an all-weather standard, line
marked and signposted.
c) Car parking, loading and manoeuvring areas to be used solely for nominated
purposes.
d) Vehicles awaiting loading, unloading or servicing shall be parked on site and not on
adjacent or nearby public roads.
e) All vehicular entry on to the site and egress from the site shall be made in a forward
direction.
f) Any proposed landscaping and/or fencing must not restrict sight distance to
pedestrians and cyclists travelling along the footpaths.
Hornsby Shire Council Report No. LPP16/21 Page 57
Local Planning Panel meeting 28 July 2021 Business Paper Page 57
ITEM
1
70. Landscape establishment
The landscape works must be maintained into the future to ensure the establishment and
successful growth of plant material to meet the intent of the landscape design. This must
include but not be limited to watering, weeding, replacement of failed plant material and
promoting the growth of plants through standard industry practices.
71. Fire Safety Statement - Annual
On at least one occasion in every 12-month period following the date of the first ‘Fire Safety
Certificate’ issued for the property, the owner must provide Council with an annual ‘Fire
Safety Certificate’ certifying each essential service installed in the building.
72. Noise
a) All noise generated by the development, including mechanical plant and machinery,
when assessed as a Leq, 15 minutes at any affected point on or within any residential
premises must not exceed background noise levels by more than 5dB(A). Where
such noise being emitted to nearby residential premises possess tonal, beating or
similar characteristics a correction factor of 5dB(A) shall be added to the measured
level in accordance with NSW EPA’s Noise Policy for Industry.
b) An acoustic assessment is to be undertaken by a suitably qualified environmental
consultant within 60 days of occupying the site in accordance with the Environment
Protection Authority’s Noise Policy for Industry (2017), Council’s Policy and
Guidelines for Noise and Vibration Generating Development (Acoustic Guidelines V.5,
2000) and the DECC’s Noise Guide for Local Government (2004). The assessment
must be held on site for review by Council if necessary.
c) The acoustic assessment must include an assessment of the combined noise
emissions from the operation of all plant, including heating, ventilation and air
conditioning (HVAC) systems and lifts, and traffic related noise associated with the
use of the carpark and port cochere including during peak use periods.
d) Should the assessment find that noise from the premise exceeds the above criteria, a
Report on the Acoustic Analysis must be submitted to Council including
recommendations for appropriate measures to rectify any non-compliances.
- END OF CONDITIONS -
ADVISORY NOTES
The following information is provided for your assistance to ensure compliance with the Environmental
Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulation 2000,
other relevant legislation and Council’s policies and specifications. This information does not form
part of the conditions of development consent pursuant to Section 4.17 of the Act.
Environmental Planning and Assessment Act 1979 Requirements
The Environmental Planning and Assessment Act 1979 requires:
• The issue of a construction certificate prior to the commencement of any works. Enquiries
can be made to Council’s Customer Services Branch on 9847 6760.
Hornsby Shire Council Report No. LPP16/21 Page 58
Local Planning Panel meeting 28 July 2021 Business Paper Page 58
ITEM
1
• A principal certifying authority to be nominated and Council notified of that appointment prior
to the commencement of any works.
• Council to be given at least two days written notice prior to the commencement of any works.
• Mandatory inspections of nominated stages of the construction inspected.
• An occupation certificate to be issued before occupying any building or commencing the use
of the land.
Long Service Levy
In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act
1986, a ‘Long Service Levy’ must be paid to the Long Service Payments Corporation or Hornsby
Council.
Note: The rate of the Long Service Levy is 0.35% of the total cost of the work.
Note: Hornsby Council requires the payment of the Long Service Levy prior to the issue of a
construction certificate.
Tree and Vegetation Preservation
A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other
vegetation protected under the Hornsby Development Control Plan 2013 without the authority
conferred by a development consent or a permit granted by Council.
Notes: A tree is defined as a long lived, woody perennial plant with one or relatively few main stems
with the potential to grow to a height greater than three metres (3M). (HDCP 1B.6.1.c).
Tree protection measures and distances are determined using the Australian Standard AS
4970:2009, “Protection of Trees on Development Sites”.
Fines may be imposed for non-compliance with the Hornsby Development Control Plan 2013.
Disability Discrimination Act
The applicant’s attention is drawn to the existence of the Disability Discrimination Act 1992. A
construction certificate is required to be obtained for the proposed building/s, which will provide
consideration under the Building Code of Australia, however, the development may not comply with
the requirements of the Disability Discrimination Act 1992. This is the sole responsibility of the
applicant.
Subdivision Certificate Requirements
A subdivision certificate application is required to be lodged with Council containing the following
information:
• A surveyor’s certificate certifying that all structures within the subject land comply with the
development consent in regard to the setbacks from the new boundaries.
• A surveyor’s certificate certifying that all services, drainage lines or access are located wholly
within the property boundaries. Where services encroach over the new boundaries,
easements are to be created.
• Certification that the requirements of relevant utility authorities have been met.
Hornsby Shire Council Report No. LPP16/21 Page 59
Local Planning Panel meeting 28 July 2021 Business Paper Page 59
ITEM
1
• A surveyor’s certificate certifying finished ground levels are in accordance with the approved
plans.
Note: Council will not issue a subdivision certificate until all conditions of the development consent
have been completed.
Note: At the present time Hornsby Shire Council is the only authority that can be appointed as a PCA
for subdivision works within the Shire.
Fees and Charges – Subdivision
All fees payable to Council as part of any construction, compliance or subdivision certificate or
inspection associated with the development (including the registration of privately issued certificates)
are required to be paid in full prior to the issue of the subdivision certificate. Any additional Council
inspections beyond the scope of any compliance certificate required to verify compliance with the
terms of this consent will be charged at the individual inspection rate nominated in Council's Fees and
Charges Schedule.
Dial Before You Dig
Prior to commencing any works, the applicant is encouraged to contact Dial Before You Dig on 1100
or www.dialbeforeyoudig.com.au for free information on potential underground pipes and cables
within the vicinity of the development site.
Telecommunications Act 1997 (Commonwealth)
If you are aware of any works or proposed works which may affect or impact on Telstra’s assets in
any way, you are required to contact: Telstra’s Network Integrity Team on Phone Number
1800810443.
Asbestos Warning
Should asbestos or asbestos products be encountered during demolition or construction works, you
are advised to seek advice and information prior to disturbing this material. It is recommended that a
contractor holding an asbestos-handling permit (issued by SafeWork NSW) be engaged to manage
the proper handling of this material. Further information regarding the safe handling and removal of
asbestos can be found at:
www.environment.nsw.gov.au
www.adfa.org.au
www.workcover.nsw.gov.au
Alternatively, telephone the SafeWork NSW Asbestos and Demolition Team on 8260 5885.
Food Authority Notification
The NSW Food Authority requires businesses to electronically notify the Authority prior to the
commencement of its operation.
Note: NSW Food Authority can be contacted at www.foodnotify.nsw.gov.au.
Council Notification – Food Premises
Prior to the commencement of the business, the operator is requested to contact Council’s
Environmental Health Team to arrange an inspection for compliance against the relevant legislation
and guidelines outlined in this approval.
Hornsby Shire Council Report No. LPP16/21 Page 60
Local Planning Panel meeting 28 July 2021 Business Paper Page 60
ITEM
1
Note: Council’s Environmental Health Officer can be contacted on 02 9847 6014.
Local Planning Panel meeting 28 July 2021 Business Paper Page 61
ITEM
2
LPP Report No. LPP18/21
Local Planning Panel
Date of Meeting: 28/07/2021
2 DA/1030/2018 - ALTERATIONS AND ADDITIONS TO AN EXISTING CLUB (THE GALSTON
CLUB) - 19-25 ARCADIA ROAD GALSTON
EXECUTIVE SUMMARY
DA No: DA/1030/2018 (Lodged 10 October 2018)
Description: Alterations and additions to an existing registered club building, expansion of
the car park, erection of acoustic screens and associated landscaping
Property: Lot 1 DP 80275, The Galston Club, Nos. 19-25 Arcadia Road Galston
Applicant: NKT Architecture Pty Ltd
Owner: Hills District Memorial Club Ltd
Estimated Value: $2,115,455
Ward: A
• The application involves alterations and additions to an existing registered club, expansion of
the existing car park, erection of acoustic screens and associated landscaping.
• The proposal complies with the provisions of the Hornsby Local Environmental Plan 2013 and
the Hornsby Development Control Plan 2013.
• A total of 17 submissions have been received in respect of the amended application.
• The application is required to be determined by the Hornsby Council Local Planning Panel as
10 or more unique submissions were received by way of objection.
• It is recommended that the application be approved as a deferred commencement consent.
RECOMMENDATION
THAT Development Application No. DA/1030/2018 for alterations and additions to an existing
registered club building, expansion of the existing car park, erection of acoustics screens and
associated landscaping at Lot 1 DP 80275, The Galston Club, Nos. 19-25 Arcadia Road Galston be
approved as a deferred commencement pursuant to Section 4.16(3) of the Environmental Planning
and Assessment Act 1979 subject to the conditions of consent detailed in Schedule 1 of LPP Report
No. LPP18/2021.
Hornsby Shire Council Report No. LPP18/21 Page 2
Local Planning Panel meeting 28 July 2021 Business Paper Page 62
ITEM
2
BACKGROUND
In 1966, a Church on the subject property was acquired for an RSL Club hall. Between 1966 and
1976, the RSL Club hall obtained a liquor licence and became known as the Hills District Memorial
Club Ltd.
On 30 January 1979, Council approved Development Application (Council Reference: 270/23) for
Stage 1 (kitchen and store) of a staged expansion of the Club.
On 20 November 1980, Council approved Development Application No. DA/49/1980 for the
construction of a poker machine room and covered walkway. This was approved subject to the
consent for Stage 1 extensions to the Club premises being revoked.
On 22 Sep 1988, Council approved Development Application No. DA/243/1988 for alterations and
additions to the existing club premises, and later amended in September 1989. The consent was
never acted upon and subsequently lapsed.
On 19 April 1994, Council approved Development Application No. DA/877/1993 for alterations,
additions and refurbishment to the Club. The application involved the addition of 132m2 of floor space.
Condition No. 10 limited the hours of operation of the club to 11.00am to 12 Midnight Monday to
Sunday.
On 26 June 1998, Council approved Development Application No. DA/161/1998 for the extensions,
internal alterations and refurbishment of the Club. The extensions comprised an upgraded and
enlarged foyer area, an extension to the bistro/dining area including a bistro servery, a refurbished
and enlarged poker machine area, a children’s playground, outdoor dining and BBQ area and
extension of the multi-purpose function room. An additional 387m2 of floorspace was approved and
consent condition No. 5 required 102 car parking spaces to be provided on site. Condition No. 26
required that no changes to the current hours of operation are permitted, without Council consent.
On 24 November 1998, a Section 4.55(2) application was approved by Council for modification of
Development Application No. DA/161/1998 (Amendment A) for proposed extensions, internal
alterations and refurbishment to the Memorial Club. This included a further increase in floorspace by
150m2 and extension to the carpark to provide a total of 115 spaces.
On 6 June 2007, Council approved Development Application No. DA/158/2007 for construction of a
timber deck at Hills District Memorial Club and relocation of 5 car parking spaces to the rear of the
existing building. The approval involved the erection of a 26m2 smoker’s deck with a double door
airlock to the northern side of the existing club.
APPLICATION HISTORY
On 10 October 2018, Development Application No. DA/1030/2018 was lodged for alterations and
additions to an existing registered club.
On 12 December 2018, Council wrote to the applicant raising concerns regarding the downstream
easement, stormwater plans, car parking and inaccurate details provided on the survey plan.
On 11 February 2019, the applicant a submitted additional information to address Council’s concerns.
On 26 February 2019, Council wrote to the applicant raising concerns regarding the acoustic report
and the CTMP.
On 11 March 2019, the applicant provided a statement from the Acoustic consultant.
Hornsby Shire Council Report No. LPP18/21 Page 3
Local Planning Panel meeting 28 July 2021 Business Paper Page 63
ITEM
2
On 26 March 2019, Council wrote to the applicant raising concerns with respect to the impact on trees
and that no evidence has been provided that the development site benefits from an easement through
the downstream property to which the stormwater is proposed to be connected.
On 28 June 2019, the applicant submitted revised stormwater and landscape plans.
On 30 July 2019, the applicant submitted an amended arborist report with a tree protection plan.
On 28 August 2019, Council wrote to the applicant raising further concerns regarding the acoustic
report and the on-site sewage treatment system.
On 15 October 2019, the applicant submitted a revised acoustic report.
On 23 October 2019, Council wrote to the applicant raising concerns with respect to the construction
of the proposed carpark atop the existing operational septic tank. Accordingly, the applicant was
requested to submit amended plans showing a redesign of the carpark.
On 30 October 2019, the applicant submitted amended plans showing a redesign of the carpark to
avoid the existing septic tank.
On 21 November 2019, Council wrote to the applicant and advised that an independent peer review
of the revised acoustic report and had been undertaken by Council’s acoustic consultant. The
applicant was advised that the original DA acoustic report and the revised acoustic report prepared by
Acoustic Consulting Group has been assessed as inadequate and that Council is unable to support
the application based on the acoustic information provided.
On 17 December 2019, a meeting was held between Council officers, the applicant and the acoustic
consultants to discuss the acoustic issues.
On 6 January 2020, the applicant advised that an updated Acoustic Report based on the additional
information requested and the further feedback received during this meeting would be submitted.
On 27 March 2020, the applicant advised Council that due to the Covid-19 lockdown the necessary
acoustic tests had not been implemented. The applicant further informed Council that the Club had
engaged a second acoustic engineer (Renzo Tonin and Associates) to undertake the additional
readings and to address the concerns raised by Council’s Acoustic Consultant.
On 1 September 2020, the applicant submitted an updated Acoustic Assessment Report prepared by
Renzo Tonin and Associates and amended architectural drawings.
On 1 September 2020, Council wrote to the applicant requesting a covering letter/statement
explaining all the changes made to the architectural plans, an updated plan of management, a
complete set of revised architectural plans, revised landscape plans, detailed architectural plans of
the proposed acoustic screens, and a revised arborist report addressing the impacts of the proposed
acoustic screens on the trees to be retained.
On 29 September 2020, the applicant submitted amended plans and documentation. The amended
plans were renotified to affected property owners and objectors between 1 October and 19 October
2020. Council received a total of 16 submissions.
On 23 December 2020, Council wrote to the applicant raising concern that the landscape plans had
not been amended to include the acoustic screens.
In addition, the applicant was requested to submit an addendum acoustic report to address the issues
raised by the Council’s acoustic consultant relating to the mechanical plant; reed switches and
controls on doors; details of waterproof insulation in the operable roofs of the poker machine room,
Hornsby Shire Council Report No. LPP18/21 Page 4
Local Planning Panel meeting 28 July 2021 Business Paper Page 64
ITEM
2
external smoking and non-smoking lounges; details of the restrictions for the loading dock between
10pm and 7am; exceedance of noise at No. 2 Martin Place, Galston and details of how access from
the auditorium to the western non-smoking lounge is to be restricted during periods of high noise.
On 24 February 2021, the applicant submitted amended architectural and landscape plans and an
amended acoustic report.
On 16 March 2021, Council wrote to the applicant raising concern that no details have been provided
with respect to the 2m high screens surrounding the mechanical plant equipment, control of sound
(reader on doors) in the event that a band is performing in the auditorium with their own speakers,
noise impacts from bands loading gear from the loading dock and the exceedance at No. 2 Martin
Place, Galston. Furthermore, Council raised concerns with respect to the visual impact of the
proposed 4.5m high acoustic screen on the adjacent residential properties to the west.
On 13 May 2021, a meeting was held between Council staff and the applicant. At the meeting it was
discussed that the applicant would be required to submit amended architectural and landscape plans,
an addendum to the acoustic report addressing all the outstanding acoustic issues, an updated
schedule of finishes and a revised Plan of Management.
On 31 May 2021, the applicant submitted amended plans and documentation. The amended plans
were renotified to affected property owners and objectors between 10 June and 1 July 2021. Council
received a total of 17 submissions.
SITE
The site is legally described as Lot 1 in DP 802759 and is known as Nos. 19-25 Arcadia Road,
Galston. The site has an area of 9,234m2 and is located on the western side of Arcadia Road and
experiences a moderate slope to the rear of the site.
The current improvements on the site include a single storey licensed Club building with an at-grade
car park and a single dwelling (owned by the club).
The existing Club building contains a dining room, auditorium/stage area, board room, admin room,
general manager's room, toilet facilities, a kitchen, games room and smokers lounge, cool room/liquor
store. The total floor area of the existing club is 1,338m2.
At the rear of the site and adjacent to the southern boundary, there is an existing bottle and can
recycling centre.
The at-grade 102 car space parking area is located to the north and west of the building. The car park
is accessed via two existing driveways fronting Arcadia Road.
The site is adjoined by a medical centre to the north and the right-angled boundary of the existing
carpark adjoins 3 detached residential houses to the west. The rear of the existing car park area
adjoins 4 residential properties. To the south, are residential properties and a Community Centre.
PROPOSAL
The proposal involves alterations and additions to an existing registered club.
Details of the proposed development are as follows:
• Provision of a new metal deck roof over the pedestrian entry at the front of the building
(eastern side).
• Provision a new loading area to replace the existing loading area at the rear of the club.
Hornsby Shire Council Report No. LPP18/21 Page 5
Local Planning Panel meeting 28 July 2021 Business Paper Page 65
ITEM
2
• Construction of parapet walls and localised acoustic screens around the roof of the existing
club building to shield the existing mechanical plant and equipment located at roof level.
• Removal the existing outdoor smokers deck (northern end of club building); and extend the
rear of the club building (western side) to provide:
a) Two meeting rooms, foyer, office, toilet and cellar on Basement Level.
b) A bar and outdoor non-smoking and smoking lounge areas on Ground Level.
c) Metal deck and operable roofs over parts of the building additions.
d) An additional 630m2 of floor area is proposed.
• Re-modelling of the existing ground floor to contain a modified stage and dance floor,
modified lower bar area, with an upper bar connected.
• Alteration of the existing poker machine room.
• New bathrooms, including an accessible WC.
• Modification of the washing area and new freezer room.
• Extension of the car-parking area to the west and south. A total of 126 car parking spaces are
proposed.
• Construction of acoustic screen around the existing and proposed extension of the car-park.
The proposed alterations and additions would require the removal of 5 trees. Only one of the trees
(T31) to be removed is locally indigenous.
The proposal involves the alteration of external finishes of the buildings. A revised schedule of
finishes has been provided.
The proposed hours of use would remain the same as the existing approved hours of operation being:
11.00am to 12 Midnight Monday to Saturday
10.00am to 10.00pm Sunday
ASSESSMENT
The development application has been assessed having regard to the Greater Sydney Region Plan -
A Metropolis of Three Cities, the North District Plan and the matters for consideration prescribed
under Section 4.15 of the Environmental Planning and Assessment Act 1979 (the Act). The following
issues have been identified for further consideration.
1. STRATEGIC CONTEXT
1.1 Greater Sydney Region Plan - A Metropolis of Three Cities and North District Plan
The Greater Sydney Region Plan - A Metropolis of Three Cities has been prepared by the NSW State
Government to guide land use planning decisions for the next 40 years (to 2056). The Plan sets a
strategy and actions for accommodating Sydney’s future population growth and identifies dwelling
targets to ensure supply meets demand. The Plan also identifies that the most suitable areas for new
housing are in locations close to jobs, public transport, community facilities and services.
The NSW Government will use the subregional planning process to define objectives and set goals
for job creation, housing supply and choice in each subregion. Hornsby Shire has been grouped with
Hornsby Shire Council Report No. LPP18/21 Page 6
Local Planning Panel meeting 28 July 2021 Business Paper Page 66
ITEM
2
Hunters Hill, Ku-ring-gai, Lane Cove, Mosman, North Sydney, Ryde, Northern Beaches and
Willoughby to form the North District. The Greater Sydney Commission has released the North
District Plan which includes priorities and actions for Northern District for the next 20 years. The
identified challenge for Hornsby Shire will be to provide an additional 4,350 dwellings by 2021 with
further strategic supply targets to be identified to deliver 97,000 additional dwellings in the North
District by 2036.
The proposed development would be consistent with the Greater Sydney Region Plan - A Metropolis
of Three Cities and North District Plan, by providing additional services to support a growing
population.
2. STATUTORY CONTROLS
Section 4.15(1)(a) requires Council to consider “any relevant environmental planning instruments,
draft environmental planning instruments, development control plans, planning agreements and
regulations”.
2.1 Hornsby Local Environmental Plan 2013
The proposed development has been assessed having regard to the provisions of the Hornsby Local
Environmental Plan 2013 (HLEP).
2.1.1 Zoning of Land and Permissibility
The subject land is zoned R2 Low Density Residential under the HLEP. The objectives of the R2
zone are:
• To provide for the housing needs of the community within a low-density residential
environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of
residents.
The proposed development is defined as a ‘Registered Club’ and is prohibited in the R2 Low Density
Residential zone. Since 1966, the Club has been a longstanding use on the subject site and benefits
from existing use rights. The NSW Land and Environment Court has established that in cases where
existing use rights apply to sites, the provisions of planning instruments that derogate from Clause
41(1) of the Environmental Planning and Assessment Regulation 2000 do not apply to the
assessment of applications on site with existing use rights, inclusive of zone objectives.
2.1.2 Height of Buildings
Clause 4.3 of the HLEP provides that the height of a building on any land should not exceed the
maximum height shown for the land on the Height of Buildings Map. The maximum permissible
height for the subject site is 8.5m. The proposal has a maximum height of 8.4m and complies with this
provision.
2.1.3 Heritage Conservation
Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire. The site does
not include a heritage item and is not located in a heritage conservation area. Accordingly, no further
assessment regarding heritage is necessary.
2.1.4 Earthworks
Hornsby Shire Council Report No. LPP18/21 Page 7
Local Planning Panel meeting 28 July 2021 Business Paper Page 67
ITEM
2
Clause 6.2 of the HLEP states that consent is required for proposed earthworks on site. Before
granting consent for earthworks, Council is required to assess the impacts of the works on adjoining
properties, drainage patterns and soil stability of the locality.
The development would involve excavation works for the construction of the lower ground floor cellar
for a depth of approximately 2m and for the expansion of the existing car park. Council’s engineering
assessment has concluded that the extent of the proposed earthworks are minor and would be
acceptable given the moderate slope of the land. It is considered that the adjacent properties would
be unaffected by the proposal with regard to stormwater flows and soil stability.
A condition has been recommended requiring that all excavated material removed from the site must
be classified in accordance with NSW Waste Classification Guidelines and Protection of the
Environment Operations (Waste) Regulation 2014.
Subject to compliance with the recommended conditions, the proposal is considered acceptable in
this regard.
2.2 Environmental Planning and Assessment Act 1979
Division 4.11 of the Environmental Planning and Assessment Act 1979 (EPA Act) protects existing
use rights of a site that is non-conforming with the zoning of the land. The application asserts that the
site benefits from existing use rights as a registered club.
Clause 4.6.5 of the EPA Act defines an existing use as:
a) the use of a building, work or land for a lawful purpose immediately before the coming into
force of an environmental planning instrument which would, but for this Division, have the
effect of prohibiting that use, and
b) the use of a building, work or land:
(i) for which development consent was granted before the commencement of a provision
of an environmental planning instrument having the effect of prohibiting the use, and
(ii) that has been carried out, within one year after the date on which that provision
commenced, in accordance with the terms of the consent and to such an extent as to
ensure (apart from that provision) that the development consent would not lapse.
Moreover, Clause 4.66 of the EPA Act states, “nothing in this Act or an environmental planning
instrument prevents the continuance of an existing use”.
The site has historically been used for an RSL Club since 1966 with development approvals prior to
the gazettal of the Hornsby Local Environmental Plan 2013. Accordingly, Council is satisfied that the
site benefits from existing use rights.
Clause 4.67 notes that the Environmental Planning and Assessment Regulation 2000 (the
Regulation) provides provisions with respect to alterations and additions. Accordingly, an assessment
in accordance with the Regulation is provided below.
2.3 Environmental Planning and Assessment Regulation 2000
Clause 41 of the Regulation states in part:
(1) An existing use may, subject to this Division:
(a) be enlarged, expanded or intensified, or
Hornsby Shire Council Report No. LPP18/21 Page 8
Local Planning Panel meeting 28 July 2021 Business Paper Page 68
ITEM
2
(b) be altered or extended, or
(c) be rebuilt, or
(d) be changed to another use, but only if that other use is a use that may be carried out
with or without development consent under the Act, or
(e) if it is a commercial use - be changed to another commercial use (including a
commercial use that would otherwise be prohibited under the Act)…
With respect to Clause 41(1)(a), the existing Club would be physically enlarged and expanded.
As per 41(1)(b), the existing building would be altered internally and extended to the rear.
As per 41(1)(c) the application does not propose to re-build the existing building.
With respect to 41(1)(d) and (e) the application does not propose a change of use.
Clause 43 of the Regulation states in part:
(1) Development consent is required for any alteration or extension of a building or work used for
an existing use.
(2) The alteration or extension—
(a) Must be for the existing use of the building or work and for no other use, and
(b) Must be erected or carried out only on the land on which the building or work was
erected or carried out immediately before the relevant date.
With respect to Clause 43, the alterations and additions require development consent, would be for
the existing use, and would be carried out only on the subject parcel of land and the subject building.
In summary, Council is satisfied that the site benefits from existing use rights and the proposed
alterations and additions are permissible with consent.
2.4 State Environmental Planning Policy No. 55 Remediation of Land
State Environmental Planning Policy No. 55 (SEPP 55) requires that consent must not be granted to
the carrying out of any development on land unless Council has considered whether the land is
contaminated or requires remediation for the proposed use.
A search of Council’s records and aerial photos indicates the site has a history of Club and residential
use. The applicant submitted a Hazardous Materials Survey & Register prepared by Occupational
Health Professionals Pty Ltd dated February 2018. The survey identified asbestos containing
materials and synthetic material fibres in the existing building and the existing shed and includes
recommendations for the safe removal of these hazardous materials.
Subject to recommended conditions for demolition and disposal of demolition waste the site is
suitable for the proposed use.
2.5 State Environmental Planning Policy No. 64 - Advertising and Signage
The proposed signage has been assessed against the requirements of State Environmental Planning
Policy No. 64 Advertising and Signage (SEPP 64). This Policy provides State-wide planning controls
for advertising signs and prevails over other environmental planning instruments including the HLEP
and the Hornsby Development Control Plan 2013.
Hornsby Shire Council Report No. LPP18/21 Page 9
Local Planning Panel meeting 28 July 2021 Business Paper Page 69
ITEM
2
The aims of the Policy are to ensure that advertising and signage are compatible with the desired
amenity and visual character of an area, to provide effective communication in suitable locations and
to ensure signage is of high quality, design and finish.
The application proposes a 2.5m2 flush mounted Galston Club sign on the front elevation of the
proposed 1.8m acoustic fence and a 3m2 Galston Club sign on the front elevation of the existing
building.
The proposal signage is considered ‘business identification signage’ as defined under SEPP 64 and is
subject to assessment under the provisions of Schedule 1 of the Policy. The proposal’s compliance
with SEPP 64 is detailed in the table below:
State Environmental Planning Policy No. 64
Control Requirement Yes/No
Division 1, 2 and 3 development controls
Objectives Does the proposal satisfy the
objectives in Clause 3 of the SEPP? Yes
Types of Signs
that are not
considered to be
‘Advertisements’
Is the proposal a business sign?
Is the Sign exempt under HLEP?
Is the sign proposed on a vehicle?
Yes
No
No
Schedule 1 – Assessment Criteria (to be considered for all advertising structures including
“business identification signs”)
Character of the
area
Is the proposal compatible with the
existing or desired future character of
the area or locality in which it is
proposed to be located?
Partially - The signage would be in
keeping with the existing building,
however as discussed earlier in this report
relies on existing use rights.
Is the proposal consistent with a
particular theme for outdoor
advertising in the area or locality?
N/A – there is no particular outdoor theme
within the direct vicinity of the site.
Special areas Does the proposal detract from the
amenity or visual quality of any
environmentally sensitive areas,
heritage areas, natural or other
conservation areas, open space
areas, waterways, rural landscapes
or residential areas?
No
Views and vistas Does the proposal obscure or
compromise important views?
No important views would be impacted.
Does the proposal dominate the
skyline and reduce the quality of
vistas?
The proposal does not dominate the
skyline or impact on vistas and is
generally sympathetic to existing area.
Does the proposal respect the
viewing rights of other advertisers?
N/A - no other advertisers on that other
elevation.
Streetscape,
setting or
landscape
Is the scale, proportion and form of
the proposal appropriate for the
streetscape, setting or landscape?
Yes - The proposed signage is
appropriate in the streetscape and the
building’s existing setting.
Hornsby Shire Council Report No. LPP18/21 Page 10
Local Planning Panel meeting 28 July 2021 Business Paper Page 70
ITEM
2
Does the proposal contribute to the
visual interest of the streetscape,
setting or landscape?
Yes - The proposed signage contributes
to the visual interest of the existing club
building.
Does the proposal reduce clutter by
rationalising and simplifying existing
advertising?
Yes – The proposed signage is clear and
appropriate for the use.
Does the proposal screen
unsightliness?
No
Does the proposal protrude above
buildings, structures or tree canopies
in the area or locality?
No
Does the proposal require ongoing
vegetation management?
Yes, vegetation management may be
required as there are existing shrubs that
may need regular pruning.
Site and building Is the proposal compatible with the
scale, proportion and other
characteristics of the site or building,
or both, on which the proposed
signage is to be located?
Yes - The proposed signage is
appropriate in scale and proportion and is
compatible with the characteristics of the
area.
Does the proposal respect important
features of the site or building, or
both?
Yes
Does the proposal show innovation
and imagination in its relationship to
the site or building, or both
The location of the signage is considered
appropriate for the site and building.
Associated
devices and logos
Have any safety devices, platforms,
lighting devices or logos been
designed as an integral part of the
signage or structure on which it is to
be displayed?
The signage is flush mounted and is not a
safety concern.
Illumination Would illumination result in
unacceptable glare?
Would illumination affect safety for
pedestrians, vehicles or aircraft?
N/A - No illumination
Would illumination detract from the
amenity of any residence or other
form of accommodation?
N/A - No illumination
Can the intensity of the illumination
be adjusted, if necessary?
Is the illumination subject to a
curfew?
N/A - No illumination
Safety Would the proposal reduce the safety
for any public road?
No – The signage would not reduce
safety.
Would the proposal reduce the safety
for pedestrians or bicyclists?
No
Would the proposal reduce the safety
for pedestrians, particularly children,
No
Hornsby Shire Council Report No. LPP18/21 Page 11
Local Planning Panel meeting 28 July 2021 Business Paper Page 71
ITEM
2
by obscuring sightlines from public
areas?
2.6 State Environmental Planning Policy (Infrastructure) 2007
The application has been assessed against the requirements of State Environmental Planning Policy
(Infrastructure) 2007 (ISEPP). This Policy contains State-wide planning controls for developments
adjoining busy roads and railways and traffic generating development.
Schedule 3 of the ISEPP requires that a development be referred to Transport for NSW (TfNSW) in
the instance that the development would have additional parking accommodation of more than 200
vehicles and additional gross floor area greater than 10,000m2.
As the application proposes the provision of an additional 25 car parking spaces and less than
10,000m2 of additional gross floor area, the development is not classified as a Traffic Generating
Development in accordance with Clause 104 and Schedule 3 of ISEPP.
A discussion with regard to traffic generation and parking is provided within 2.10.7 of the report.
2.7 Smoke-free Environment Regulation 2016
A number of submissions have raised concern about the smoking poker machine room and the new
outdoor smoking lounge.
The Smoke-Free Environment Regulation 2016 (the Regulation) stipulates that the ceiling and walls
of an enclosed outdoor public area must not to comprise more than 75% of the space.
Clause 8(4) of the Regulation states the following:
(4) The following are to be included as part of the total actual enclosed area:
(a) any gap in a wall or ceiling that does not open directly to the outside.
(b) any door, window or moveable structure that is, or is part of, a ceiling or wall,
regardless of whether the door, window or structure is open (other than the area of
any locked-open door or window).
A moveable structure is defined as:
moveable structure includes a retractable awning, umbrella or any other moveable structure
or device, but does not include a security grill, shutter or screen that is used to secure
premises only when the premises are not open for business and is fully open at all other
times.
The proposal includes a ‘smoking poker machine room’ and a new ‘outdoor smoking lounge’ on the
ground level. The architectural plans show the proposed smoking poker machine room as ‘existing’.
Based on the previous approval (DA/158/2007), only an outdoor deck with a double door airlock
adjacent to the poker machine room has been approved by Council. An inspection of the site revealed
that the northern wall of the ‘smoking poker machine room’ has louvres and includes three walls and a
ceiling. It is unlikely that that this room would currently satisfy the Regulation as an outdoor smoking
room. Notwithstanding, the plans show that the ‘existing poker machine room’ is to be extended and
would include louvres and an operable roof. The proposed smoking poker machine room has 3 solid
walls and louvres on a portion of the northern and eastern elevation. Approximately one third of the
ceiling of this room would include an operable roof.
Hornsby Shire Council Report No. LPP18/21 Page 12
Local Planning Panel meeting 28 July 2021 Business Paper Page 72
ITEM
2
With respect to the new ‘outdoor smoking lounge,’ the applicant’s Acoustic Assessment report
prepared by Renzo Tonin and Associates, requires fixed glazing with no gaps to be incorporated on
the northern and western elevation of this lounge. The outdoor smoking lounge includes solid walls
and a sliding door on the eastern and southern side and an two operable roofs. Therefore, it would
appear that more than 75% of the total area of the ceiling and walls of the ‘outdoor smoking room’
would be considered as an enclosed space.
Having regard to the above definition, the proposed operable roof would be considered as a
moveable structure and must be included in the total actual enclosed area. Should the operable roof
of the poker machine room and outdoor smoking lounge be closed, these rooms would no longer be
considered as an outdoor area. The Plan of Management includes no recommendations with respect
to the operable roof and whether the operable roof would be open at all times.
Based on Council’s assessment and the recommendations of the acoustic report, the ‘smoking poker
machine room’ and the new western ‘oudoor smoking lounge’ are considered as enclosed spaces and
are therefore required to be smoke free. The design of the development as submitted to the Council
would not comply with the definition of an unenclosed space. Accordingly, a condition of consent is
recommended requiring the architectural plans to be amended for the ‘smoking poker machine room’
and the western ‘outdoor smoking lounge’ to be smoke free.
2.8 Sydney Regional Environmental Plan No. 20 Hawkesbury-Nepean River
The site is located within the catchment of the Hawkesbury Nepean River. Part 2 of this Plan contains
general planning considerations and strategies requiring Council to consider the impacts of
development on water quality, aquaculture, recreation and tourism.
Subject to the implementation of sediment and erosion control measures and stormwater
management to protect water quality, the proposal would comply with the requirements of the Policy.
2.9 Section 3.42 Environmental Planning and Assessment Act 1979 - Purpose and Status
of Development Control Plans
Section 3.42 of the Environmental Planning and Assessment Act 1979 states that a DCP provision
will have no effect if it prevents or unreasonably restricts development that is otherwise permitted and
complies with the development standards in relevant Local Environmental Plans and State
Environmental Planning Policies.
The principal purpose of a development control plan is to provide guidance on the aims of any
environmental planning instrument that applies to the development; facilitate development that is
permissible under any such instrument; and achieve the objectives of land zones. The provisions
contained in a DCP are not statutory requirements and are for guidance purposes only. Consent
authorities have flexibility to consider innovative solutions when assessing development proposals, to
assist achieve good planning outcomes.
2.10 Hornsby Development Control Plan 2013
The Hornsby Development Control Plan 2013 (HDCP) applies to the subject site. Given the nature of
the proposed development, the HDCP does not provide specific controls for registered clubs. Key
merit considerations arising from the HDCP are set out below:
Part 1 – General Provisions and Part 2 Residential
Hornsby Shire Council Report No. LPP18/21 Page 13
Local Planning Panel meeting 28 July 2021 Business Paper Page 73
ITEM
2 Control Proposal Requirement Compliance
Site area 9,234m2 N/A N/A
Floor Area
- Existing 1,338m2 N/A N/A
- Proposed 2,033m² N/A N/A
Height (Storeys) 8.4m and 2 storeys 8.5m and 2 storeys Yes
Setbacks (New Additions)
- Front (Arcadia Road) No change 6m Yes
- Side (North) >1m 1m Yes
- Side (South) >1m 1m Yes
- Rear (West) 50m 3m Yes
Car Parking 126 spaces Parking Study
Required
Parking Study
discussed below
As detailed in the above table, the proposed development complies with the prescriptive measures
within the HDCP. A brief discussion on compliance with relevant performance requirements and Part
1C General Controls is provided below.
2.10.1 Stormwater Management
The proposed alterations and additions involve the increase of paving on the site as a result of the
extension of the existing car parking area to the rear.
The site would dispose of stormwater via on site detention to a Council drainage pipe located in the
The Glade. The development site currently benefits from a drainage easement over the neighbouring
allotment at No. 19 The Glade, Galston. The proposed on-site detention would include water
treatment devices to treat the discharging water.
Council engineering assessment raises no objection to the proposed method of stormwater disposal,
subject to conditions of development consent recommended in Schedule 1 of this report.
2.10.2 Noise
The desired outcome of Part 1C.2.5 Noise of the HDCP is for “Development designed and managed
to minimise noise and vibration impacts on the occupants of residential dwellings and other noise
sensitive land uses.”
Majority of the submissions have raised concerns relating to the noise impacts from the proposed
development. The proposed development adjoins residential development to the east and west.
Consequently, the site is in proximity to multiple sensitive receivers which may be susceptible to noise
impacts.
Hornsby Shire Council Report No. LPP18/21 Page 14
Local Planning Panel meeting 28 July 2021 Business Paper Page 74
ITEM
2
The applicant initially submitted an acoustic report prepared by Acoustic Consulting Engineers Pty Ltd
dated 18 May 2018. Council identified issues of concern with respect to the acoustic assessment and
subsequently the applicant submitted a revised noise assessment report prepared by Acoustic
Consulting Engineers Pty Ltd dated 15 October 2019. Council engaged an independent acoustic
consultant to the review the revised acoustic report. Council’s acoustic consultant identified
insufficiencies regarding the assessment of mechanical plant noise, the existing operations of the
Club, noise levels of the number of persons occupying various areas of the Club, internal noise levels
from functions, noise from the car park and the assessment of sleep disturbance.
To address the above concerns a new Acoustic Assessment report, prepared by Renzo Tonin and
Associates, dated 31 August 2020 was submitted to support the application. The acoustic report
recommends that in order to mitigate noise from the existing and proposed modifications to the
carpark at the surrounding receivers, the following acoustic measures are required to be
implemented:
• Screening of the existing and proposed carpark by 1.8m, 3m or 4.5m screens.
• Screening of all rooftop mechanical plant.
• Limits on patron capacity for the western smoking and non-smoking lounges.
• Acoustic absorptive splitters within the operable roofs in the western smoking and non-
smoking lounges.
• Acoustic absorptive splitters within the operable roof of the poker machine games room.
• Screening around all operable roofs.
• Closing doors to restrict access from the auditorium to the western non-smoking lounge
during periods of high noise (anything other than low background noise).
• Reed switches installed on the doors from the auditorium to the western non-smoking lounge
that cut out signal to the PA within the auditorium when the doors are opened with anything
other than low background noise being played.
• Restrictions on the use of the loading dock for general deliveries before 7am and after 10pm.
• A management plan to be developed for bands loading and unloading equipment from the
loading dock to prevent unnecessary noise emission.
Following a review of the applicant’s acoustic report, Council’s acoustic consultant requested further
clarification of some matters relating to details of mechanical plant, the reed switches and appropriate
controls on the western doors, acoustic splitters, and the use of the loading dock. To address the
outstanding acoustic issues, the applicant submitted a revised Acoustic Assessment Report prepared
by Renzo Tonin and Associates dated 9 February 2021.
Council’s acoustic consultant identified some minor matters that the revised acoustic report has not
adequately addressed issues relating to the screens around the mechanical plants, the control of
sound from the auditorium (reed switches on doors) and noise from bands from the loading dock. To
address these issues, the applicant submitted an addendum acoustic report prepared by Renzo Tonin
& Associates dated 7 June 2021.
Following a review of the addendum acoustic report, Council’s acoustic consultant raised no further
issues and recommended that a condition of consent be imposed requiring the mechanical plant
screens and noise cut out limiter from the auditorium to be undertaken in accordance with the
Hornsby Shire Council Report No. LPP18/21 Page 15
Local Planning Panel meeting 28 July 2021 Business Paper Page 75
ITEM
2
addendum acoustic report. However, Council’s acoustic consultant identified that the issue of noise
from bands ‘bumping out’ in the loading dock has not been adequately addressed and therefore
specific operational conditions should be imposed in relation to bands loading gear into trucks at the
dedicated loading dock.
To address the concerns raised in the public submission, Council’s acoustic consultant has advised
that the proposed acoustic screens to be located at the edges of the car park are required to be
provided to attenuate noise from the existing and proposed car parks and not from noise from the
proposed additions. To alleviate noise impacts from the mechanical plant and the operable roofs in
the ‘smoking poker machine room’ and western smoking and non-smoking lounges, screens are
proposed to be installed on the building's roof and acoustic absorptive splitters are to be incorporated
within the operable roofs. According to the acoustic report, the number of patrons would be limited to
a maximum of 20 people in the ‘western smoking lounge’ and 40 people in the ‘western non-smoking
lounge’.
It has been identified that the architectural plans are inconsistent with the recommendations of the
applicant’s acoustic report. The architectural plans show horizontal bifold windows on the western and
southern elevation of the non-smoking lounge.
The applicant’s acoustic assessment report includes a recommendation that “the western outdoor
smoking and non-smoking lounges would need continuous glazing around the facades to minimise
noise breakout. The glazing would need to be solid with no gaps. Any window openings would remain
closed during all periods of use and should have an acoustic rating of no less than Rw30.”
A condition of consent is recommended requiring the removal of the horizontal bifold windows and
replacement with solid glazing in accordance with the recommendations of the applicant’s acoustic
assessment report.
In addition, the applicant’s acoustic report has identified that there are 3 car spaces which result in
exceedances of the sleep disturbance at No. 2 Martin Road. All other residences are predicted to be
compliant with the noise emission targets. It is acknowledged that the overall existing car park noise
emission situation would be significantly improved as a result of the proposed new acoustic
measures.
Following the proposed new works (the construction of the new 1.8m acoustic screen along the
Arcadia Road frontage), only 3 parking spaces would remain in an unscreened position. These
spaces are located in north-eastern corner of the carpark and are identified as car spaces 8, 18 and
19 on the plans. At present all car parking spaces are unscreened, with 18 parking spaces predicted
to create noise levels exceeding noise goals at No. 2 Martin Road, Galston. The acoustic report
states that whilst car spaces 18 and 19 result in a minor 1dB(A) exceedance, car space 8 results in a
3dB(A) exceedance at No. 2 Martin Road. To address this acoustic issue, it is recommended that the
plans be amended to remove car space 8 and replace with landscaping.
2.10.3 Plan of Management
The applicant submitted a Plan of Management (POM) identified as revision 3 dated 8 June 2021.
Council’s assessment of the POM has determined that it does not address current guidelines/
policies/regulations or requirements for licensed premises and includes irrelevant information.
Therefore, a deferred commencement condition is recommended to requiring the preparation and
submission of a comprehensive Plan of Management to Council which includes measures to be
employed to manage patron and staff behaviour; closing procedures; shuttle bus management;
Hornsby Shire Council Report No. LPP18/21 Page 16
Local Planning Panel meeting 28 July 2021 Business Paper Page 76
ITEM
2
restrictions on service and delivery vehicles to reduce impacts on residents; loading measures for the
loading dock for bands; light control measures; staff car parking; security and noise management.
2.10.4 Accessible Design
The application includes an Access Report prepared by Ergon Consulting dated 25 August 2018. The
report includes recommendations for the development to meet the compliance requirements of
Access to Premises Standards, related requirements of the Building Code of Australia, AS1428 and
the Disability Discrimination Act 1992. The proposed new parking area and lift access would not
impact the current access arrangement to the premises but would provide a secondary access for
Club members direct to the Club from the car park at the rear.
Subject to recommended condition the proposal is satisfactory in respect to the HDCP prescriptive
measures for accessible design.
2.10.5 Waste Management
The submitted Waste Management Plan is satisfactory to maximise the reuse and recycling of
materials and to minimise the amount of landfill in the proposed demolition and construction work.
The existing waste collection service would be maintained for the proposal. A condition is
recommended for implementation of the Waste Management Plan.
2.10.6 Crime Prevention
The applicant submitted a Crime Prevention Risk Assessment in accordance with CPTED protocol.
The application was referred to the NSW Police in respect to the operation of the licensed premises.
The NSW Police raised no objections to the proposed development.
2.10.7 Transport, Traffic and Parking
The applicant submitted a Traffic and Parking Impact Report prepared by The Transport Planning
Partnership dated 27 August 2018. A discussion on the transport, traffic and parking implications of
the proposed development is provided below.
2.10.7.1 Traffic Generation
The Club comprises multiple uses, and therefore it would generate traffic at various times of the day
and/ or night. The submitted Traffic and Parking Impact Report identified that the proposed
development would generate the following number of vehicle movements:
• Road network peak period (5:15pm - 6:15pm) - 47 trips
• Club peak period (6:00pm - 7:00pm) - 70 trips
The RMS Guide to Traffic Generating Developments (GTGD) does not have a trip generation rate for
a Club. Traffic generation of the Club can be estimated by a detailed traffic generation survey for the
site.
The Club use relating to the road network peak currently has a total GFA of 496m2. As the current trip
count of the Club during road network peak period is 47, the trip generating rate is 9.5 trips per 100m2
for the exiting Club. The same Club use would have total GFA of 902.5m2 in the future, which will
generate 86 trips in total.
Hornsby Shire Council Report No. LPP18/21 Page 17
Local Planning Panel meeting 28 July 2021 Business Paper Page 77
ITEM
2
The Traffic and Parking Impact Report contains a SIDRA model to simulate the performance for the
intersection of Galston Road with Arcadia Road and Belbowrie Close during road network peak period
with the consideration of traffic generated by the proposed development. The model shows that the
intersection performs at the Level of Service A during road network peak period after development.
In addition, the traffic report states that the performance of the same intersection during club peak
period after development can be expected acceptable, using the same approach and assumptions in
the above analysis.
Council’s Traffic Engineering assessment of the impact of these additional vehicle movements on the
road network was undertaken, which identified that of the intersections reviewed, the proposed
additional traffic did not cause any intersection to experience an unacceptable level of service.
Consequently, the surrounding road network would have sufficient capacity to cater for the additional
traffic generated by the development.
2.10.7.2 Access
The proposed ingress and egress arrangements to the Club car park would remain the same as
current. However, to allow sufficient aisle width and safe manoeuvring of vehicles through the car park
at the rear, Council’s engineer has recommended the deletion of car space 64.
2.10.7.3 Parking
The HDCP does not have a parking rate which can accurately reflect the parking demand of a club,
as the facilities of a club can be different from one to the other. A Parking Accumulation Survey for the
peak demand of the Club can be used to estimate the parking requirement in the future.
The Traffic and Parking Impact Report prepared by The Transport Planning Partnership dated 27
August 2018 conducted a Parking Accumulation Survey to investigate existing parking demand and
found that the peak occupation of the car park occurs on Friday between 7:00pm - 8:00pm, when 84
out of 102 car parking spaces are occupied. The renovation of the Club would increase total GFA,
and the parking requirement would need to increase accordingly. It is noted that not all functions of
the Club would generate parking demand on Friday between 7:00pm - 8:00pm.
The existing GFA of uses which can generate car parking demand during peak occupation hour is
767.5m2, and 84 car parking spaces were occupied. Thus, the rate of parking demand of the existing
site is 767.5m2/84 = 9.1m2 per space.
The proposal increases 382.5m2 GFAs for uses which can generate car parking demand during peak
occupation hour. Using the same parking rate, the site should provide 382.5m2/9.1 = 42 additional off-
street parking spaces. Thus, the total number of car parking spaces required onsite would be
84+42=126, which means 25 additional spaces would be required to be provided for the proposed
development.
It should be noted that whilst the architectural plans show 129 spaces, the car parking numbers have
not been adjusted to reflect the deletion of spaces 93, 115 and 116. Thereby, the proposed
development provides a total of 126 car parking spaces which is compliant. As discussed in this
report, it is recommended that car spaces 8, 64 and 94 should be deleted. Whilst it is acknowledged
that the deletion of these spaces would result in a shortfall of 3 car parking spaces on the site, the
proposal would provide a total of 123 car spaces on the site (22 additional spaces) which is
considered adequate for the development. The deletion of these 3 spaces is to facilitate the provision
of additional landscaping, to improve car park manoeuvrability and acoustic issues on the site.
Hornsby Shire Council Report No. LPP18/21 Page 18
Local Planning Panel meeting 28 July 2021 Business Paper Page 78
ITEM
2
The HDCP requires that 3-4% of car parking spaces (5 car spaces) are to be accessible spaces for
entertainment facilities. In accordance with this requirement 5 accessible car parking spaces have
been provided on the site.
2.10.7.4 Loading Facilities
A new loading dock is proposed to serve the Club development, with access provided via the ingress
and egress on Arcadia Road. The loading dock would facilitate vehicles up to and including an 8.8m
long medium rigid vehicle.
The loading dock would be used for deliveries and waste collection activities. The traffic report
prepared by The Transport Planning Partnership has indicated that the use of the loading dock would
not coincide with the peak parking periods and the Club management would be required to control the
use of the loading dock.
2.10.7.5 Shuttle Bus Service
The Club currently provides a courtesy bus service within the local area. This is a pick-up and drop-off
service offered to patrons with origins/ destinations within 5km of the Club. The service operates from
Wednesday to Saturday from 5:00pm.
2.11 Section 7.12 Contributions Plans
Hornsby Shire Council Section 7.12 Contributions Plan 2019-2029 applies to the development as the
estimated costs of works is greater than $100,000. Should the application be approved, an
appropriate condition of consent is recommended requiring the payment of a contribution in
accordance with the Plan.
3. ENVIRONMENTAL IMPACTS
Section 4.15(1)(b) of the Act requires Council to consider “the likely impacts of that development,
including environmental impacts on both the natural and built environments, and social and economic
impacts in the locality”.
3.1 Natural Environment
3.1.1 Tree and Vegetation Preservation
The subject site contains a total of 39 locally indigenous and exotic trees. The applicant submitted an
Arboricultural Impact Assessment Report (AIA), prepared by Urban Arbor dated 21 September 2020.
The amended proposal seeks approval to remove 5 trees to accommodate the development. While
the loss of this tree is not ideal, replacement planting of 5 trees described on the supplied landscape
plan would provide an offset for the removal of 5 trees.
Twenty-five (25) trees and one group of trees would be subject to TPZ encroachments greater than
10%, including tree 1, 2, 3, 4, 5, 7, 9, 10, 12, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28a, 28b, 33,
35 and 36 and Group 2. To reduce the impact to these trees, the proposed car park and acoustic wall
should be completed utilising sensitive construction techniques. A detailed arboricultural canopy
pruning assessment report would be required prior to the construction of the acoustic wall.
The remaining 9 trees and one group of trees would be subject to minor TPZ encroachments of 10%
or less and these trees include 6, 8, 11, 13, 14, 16, 30, 37 and 39 and Group 1.
Hornsby Shire Council Report No. LPP18/21 Page 19
Local Planning Panel meeting 28 July 2021 Business Paper Page 79
ITEM
2
Council’s tree management assessment has noted that the Landscape Plan Revision F prepared by
Peta Gilliland Landscape Design includes car parking spaces 115 and 116 which were previously
requested to be removed to reduce impacts to trees required to be retained along the southern
boundary. In addition to this, additional spaces 93 and 130 have been located in the northern section
of the parking area which would have a detrimental effect on trees numbered 11 to 16.
Whilst the architectural plans show that car spaces 93, 115, 116 and 130 have been removed, the
landscape plan Revision F would be required to be amended to delete these car spaces as it is not
feasible to do sensitive construction in these locations.
With respect to the proposed acoustic screens, Council’s tree management assessment raised no
issues with the installation of the acoustic walls which can be successfully installed using sensitive
methods of construction such as piers. The provided AIA includes suitable recommendations to
ensure that the sensitive construction methods are implemented for the construction of the acoustic
screens.
3.2 Built Environment
3.2.1 Height, Scale and Built Form
A number of submissions have raised concern with respect to the proposed height, location and
visual impact of the acoustic screens on the adjacent residential properties.
The acoustic assessment prepared by Renzo Tonin and Associates has recommended the following
acoustic screens to be provided on the site:
• 4.5 metre acoustic screen constructed along the western boundary, from the north western
corner of the carpark, running south along the perimeter of the carpark to finish in line with the
southern boundary of 8 Gardiner Road.
• 3 metre acoustic screen constructed from the southern extent of the 4.5 metre wall, running
south to the southern extent of the carpark.
• 1.8 metre acoustic screen along the southern side of the carpark.
• 1.8 metre acoustic screen on the eastern side of the carpark between the carpark entry and
exit.
The position of the existing northern side car park and driveways has not changed. The proposal
involves the provision of number of additional at grade car parking spaces to the west and south of
the site. The impact of the extended carpark is confined to the west and south.
According to the applicant’s acoustic report the height of the acoustic screen structures along the
western edges of the car park would be 4.5m and 3m above the ground level. When compared with
the allowable building height limits for the zone (8.5m under the HLEP), the height of the acoustic
screen would be less than the height of a permissible dwelling house. The architectural plans show
that the proposed screens would be fixed close to the edges of the car park and would be setback
from the western boundary. To soften the visual intrusion of the 4.5m high screen and its potential
impacts on the neighbouring properties to the west, the top part of the 4.5m high acoustic fence
(above 3m) is to be comprised of a 1.5m high Polycarbonate/ acrylic panels with anti-crazing film. To
satisfy the acoustic requirements, the wall would be constructed to ensure there is no gaps between
the panels and no gaps between the lower part of the wall and the Polycarbonate/ acrylic panels.
Hornsby Shire Council Report No. LPP18/21 Page 20
Local Planning Panel meeting 28 July 2021 Business Paper Page 80
ITEM
2
The applicant’s acoustic report requires the installation of the acoustic screens around all the
operable roofs. This includes the ‘poker machine room’, western ‘smoking and non-smoking outdoor
lounges’. On 15 June 2021, the applicant submitted amended elevation plans showing screens and
RLs to the parapets of the proposed works. The amended architectural plans do not clearly show all
the required 2m high acoustic screens around the operable roofs of the ‘smoking poker machine
room’ and the new western smoking and non-smoking lounges. Whilst the 2m high acoustic screens
have not been shown on the western and southern side of operable roof of the ‘smoking poker
machine room’, the addition of these screens would not be highly visible from behind the front façade
parapet.
Concern is raised with respect to the addition of the 2m high acoustic screen around the operable roof
located within the cantilevered metal deck of the new western “non-smoking lounge.’ The addition of
2m acoustic screen in this location would likely result in the exceedance of 8.5m height limit.
Therefore, it is recommended that conditions of consent be imposed requiring the architectural plans
to be amended to clearly show all the acoustic screens around the operable roofs and the
architectural plans to be amended to delete the operable roof located within the cantilevered metal
deck of the new “non-smoking lounge.’
3.2.2 Landscaping
Submission have raised concerns relating to the design of the acoustic screens and the impact on the
streetscape.
The applicant has submitted a revised landscape plan Issue F dated 3 May 2021 prepared by Peta
Gilliland Landscape Design.
(i) The proposal includes a number of acoustic screens ranging in height from 1.8m to 4.5m.
Adjustments have been made to the car parking layout to enable existing planting and trees to be
retained around the boundaries of the site. In particular, the car parking space 93 (adjacent to space
94) on Issue D plan has been removed and landscaping provided. Access doors have been provided
to ensure maintenance access for landscaping behind the acoustic screens.
(ii) Council’s landscaping assessment has concluded that some of the acoustic screen locations
limit the opportunity for landscaping to be provided on the carpark/ club side of the acoustic screen, in
particular the north side of the carpark. Therefore, it would be preferable to delete space 94 and to
relocate the 4.5m high acoustic screen off the kerb by 500mm in order to provide space for additional
landscaping. On balance, whilst the offsetting of the acoustic screen from behind the kerb would
provide limited space to achieve any effective screen landscaping on the carpark side, it would
however allow for the growth of shrubs and climbers to soften the visual impact of the screen. It is
considered that a 2.5m landscaping area on the neighbour’s side would allow sufficient landscape
screening of the acoustic wall. Council’s acoustic consultant supports the relocation of the 4.5m high
acoustic wall by 500mm towards the western boundary. Accordingly a condition is recommended to
be imposed requiring the relocation of the acoustic screen.
(iii) It is noted that car parking spaces 93, 115, 116 and 130 are still shown in the landscape plans
revision F. These have been removed on the architects plans as request by Council’s arborist. The
landscape plans need to be amended to reflect this area as landscaping.
(iv) Part 3.1.3 Landscaping of the HDCP requires front fences to be limited to a height of 1.2m and
be constructed predominately of lightweight materials with at least 50 percent openings. The proposal
involves the construction of a 1.8m high solid acoustic wall along the frontage of the site. Whilst it is
acknowledged that the proposed front wall would not comply with the fence requirements of the
Hornsby Shire Council Report No. LPP18/21 Page 21
Local Planning Panel meeting 28 July 2021 Business Paper Page 81
ITEM
2
HDCP, the front fence is required to be at this height and design to address the existing noise
exceedance from the existing car park.
(v) The proposal is supported subject to the conditions being met with respect to landscaping.
3.2.3 Sunlight and Ventilation
The applicant has submitted shadow diagrams which indicate the extent of additional overshadowing
cast by the proposed additions to the Club and the acoustic screens on the neighbouring properties.
The shadow diagrams demonstrate the proposed development would not result in the unreasonable
loss of solar access of the neighbouring properties to the west and south west of the site.
3.3 Social Impacts
The social impacts of the development on the local and broader community have been considered
with specific reference to the potential employment generation within the Club. It is estimated that the
development would generate additional new jobs post construction. This is consistent with the State
Government’s Greater Sydney Region Plan - A Metropolis of Three Cities’ which identifies the need to
provide an additional 689,000 new jobs by 2031.
3.4 Economic Impacts
The proposal includes an increase in the floor area of the existing Club. It is unlikely that the
development would result in an adverse economic impact on the locality.
4. SITE SUITABILITY
Section 4.15(1)(c) of the Act requires Council to consider “the suitability of the site for the
development”.
The subject site has not been identified as bushfire prone or flood prone land. The site is considered
to be capable of accommodating the proposed development.
5. PUBLIC PARTICIPATION
Section 4.15(1)(d) of the Act requires Council to consider “any submissions made in accordance with
this Act”.
5.1 Community Consultation
The proposed development was placed on public exhibition and was notified to adjoining and nearby
landowners between 15 November 2018 and 5 December 2018 in accordance with the Hornsby
Community Participation Plan. During this period, Council received 14 submissions. The amended
plans were renotified between 1 October 2020 and 19 October 2020 and Council received 13
submissions. Further amended plans were submitted and renotified between 10 June 2021 and 1 July
2021. During this period, Council received 17 submissions, including a submission from the Galston
Area Residents Association. The map below illustrates the location of those nearby landowners who
made a submission that are in close proximity to the development site.
Hornsby Shire Council Report No. LPP18/21 Page 22
Local Planning Panel meeting 28 July 2021 Business Paper Page 82
ITEM
2
NOTIFICATION PLAN
• PROPERTIES
NOTIFIED
X SUBMISSIONS
RECEIVED
PROPERTY SUBJECT
OF DEVELOPMENT
11 SUBMISSIONS RECEIVED OUT OF MAP RANGE
Seventeen (17) submissions objected to the amended development, generally on the grounds that the
development would result in:
• Development not in keeping with the character of the area.
• The removal of trees.
• Impacts on neighbouring trees.
• Lack of replacement canopy.
• Devaluation of adjoining properties.
• Unacceptable visual impact from the acoustic walls.
• Loss of existing landscape area at the rear.
• Unacceptable noise emanating from the proposed car park, outdoor lounges, loading dock
and the auditorium.
• Loss of privacy from outdoor lounges.
• Increase in trading hours.
• The proposed smoking rooms fails to comply with relevant legislation.
Hornsby Shire Council Report No. LPP18/21 Page 23
Local Planning Panel meeting 28 July 2021 Business Paper Page 83
ITEM
2
• Details of all acoustic screens not shown on the architectural plans.
• Inadequate stormwater drainage and the existing inadequacy of the drainage system in the
immediate area.
• Potential safety hazard from concealed areas behind the acoustic screens.
One submission has been received making observations with respect to the following:
• Intensity of the LED lighting of the existing Pylon sign at the front of the site.
• Use of intrusive lighting and excessive noise from the existing BBQ area and Children’s
playground.
Comment: The proposal does not involve the alteration of existing Pylon sign or any alterations to the
existing BBQ area and Children’s playground.
The merits of the matters raised in community submissions have been addressed in the body of the
report with the exception of the following:
5.1.1 Stormwater
A submission has raised concern that the no evidence has been shown on the plans recognising the
uncovered creek in Gardiner Road and that full Hydraulic Plans should be submitted by the applicant.
In addition, the submission raised concerns regarding existing stormwater issues and the existing
inadequacy of the drainage system in the immediate area.
Council records indicate that Gardiner Road is bitumen and there is a Council pipe under the road.
During the 1% flood, Gardiner Road would have overland flow because of the pipe’s inadequate
capacity, which is considered normal. The applicant has not been requested to submit a detailed
hydraulics plan in relation to flooding of Gardiner Road as Council would be undertaking a detail study
of flooding of the catchment network (including Gardiner Road) and appropriate actions will be taken
following the study. Council’s development engineer has concluded that the development would not
cause any significant change to flooding during 1% floods in the surrounding area. The
recommended conditions, that include construction of an on-site system with a water quality control
treatment system would ensure that during normal storms no overland flow occurs.
Council engineering assessment raises no objection to the proposed method of stormwater disposal,
subject to conditions of development consent recommended in Schedule 1 of this report.
5.1.2 Design and Colour Scheme
A submission has raised concern regarding the design of the façade and the colour scheme of the
proposed building.
The location of the existing building does not trigger any design requirements with respect to
prevailing architectural treatments as Council only has controls to this effect in Heritage Conservation
Areas. Despite this fact, the modernised design of the Club, being of a FC cladding structure, finished
in greys/dark blue and neutral colours with wooden/stone accents is considered to be appropriate for
the locality.
5.1.3 Loss of Property Value
Submissions have raised concerns that the proposed development would result in the loss of property
values. Consistent with the position taken in the Land and Environment Court, the loss of property
Hornsby Shire Council Report No. LPP18/21 Page 24
Local Planning Panel meeting 28 July 2021 Business Paper Page 84
ITEM
2
value is not a relevant planning consideration under the Environmental Planning and Assessment Act
1979.
5.2 Public Agencies
The development application was not referred to any Public Agencies for comment.
6. THE PUBLIC INTEREST
Section 4.15(1)(e) of the Act requires Council to consider “the public interest”.
The public interest is an overarching requirement, which includes the consideration of the matters
discussed in this report. Implicit to the public interest is the achievement of future built outcomes
adequately responding to and respecting the future desired outcomes expressed in environmental
planning instruments and development control plans.
The application is considered to have satisfactorily addressed Council’s and relevant agencies’
criteria and would provide a development outcome that, on balance, would result in a positive impact
for the community. Accordingly, it is considered that the approval of the proposed development would
be in the public interest.
CONCLUSION
The application proposes alterations and additions to an existing registered Club building, expansion
of the existing car park, erection of acoustic screens and associated landscaping.
The development generally meets the desired outcomes of Council’s planning controls and is
satisfactory having regard to the matters for consideration under Section 4.15 of the Environmental
Planning and Assessment Act 1979.
Council received 17 submissions during the public notification period of the amended plans. The
matters raised have been addressed in the body of the report.
Having regard to the circumstances of the case, approval of the application is recommended subject
to a deferred commencement consent.
The reasons for this decision are:
• The proposed development complies with the requirements of the relevant environmental
planning instruments and the Hornsby Development Control Plan 2013.
• Subject to conditions the proposed development does not create unreasonable environmental
impacts to adjoining development with regard to amenity.
Note: At the time of the completion of this planning report, no persons have made a Political
Donations Disclosure Statement pursuant to Section 10.4 of the Environmental Planning and
Assessment Act 1979 in respect of the subject planning application.
RESPONSIBLE OFFICER
The officer responsible for the preparation of this report is Caroline Maeshian.
Hornsby Shire Council Report No. LPP18/21 Page 25
Local Planning Panel meeting 28 July 2021 Business Paper Page 85
ITEM
2
CASSANDRA WILLIAMS
Major Development Manager - Development
Assessments
Planning and Compliance Division
ROD PICKLES
Manager - Development Assessments
Planning and Compliance Division
Attachments:
1. Locality Map
2. Site Plan
3. Landscape Plan
4. Floor Plans
5. Elevations and Sections
6. Perspectives
7. Shadow Diagrams
8. Schedule of Finishes and Materials
9. Acoustic Assessment and Addendum Report
10. Plan of Management
File Reference: DA/1030/2018
Document Number: D08192485
Hornsby Shire Council Report No. LPP18/21 Page 26
Local Planning Panel meeting 28 July 2021 Business Paper Page 86
ITEM
2
SCHEDULE 1
1. Deferred Commencement
a) Pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act
1979, this consent does not operate until a Plan of Management is submitted that
comprehensively addresses the Land and Environmental Court Planning Principles
for Plans of Management.
The Plan of Management should include, but not limited to, measures to be employed
to manage patron and staff behaviour; closing procedures; shuttle bus management;
restrictions on service and delivery vehicles to reduce impacts on residents; loading
dock management; complaint procedures; light control measures; staff car parking;
security and noise management.
b) Such information must be submitted within 24 months of the date of this notice.
Failure to satisfy the above requirement by the specified date will result in the lapsing
of the consent.
Upon Council’s written satisfaction of the above information, the following conditions of
development consent apply:
GENERAL CONDITIONS
The conditions of consent within this notice of determination have been applied to ensure that the use
of the land and/or building is carried out in such a manner that is consistent with the aims and
objectives of the relevant legislation, planning instruments and council policies affecting the land and
does not disrupt the amenity of the neighbourhood or impact upon the environment.
Note: For the purpose of this consent, the term ‘applicant’ means any person who has the authority to
act on or the benefit of the development consent.
Note: For the purpose of this consent, any reference to an Act, Regulation, Australian Standard or
publication by a public authority shall be taken to mean the gazetted Act or Regulation, or adopted
Australian Standard or publication as in force on the date that the application for a construction
certificate is made.
2. Approved Plans and Supporting Documentation
The development must be carried out in accordance with the plans and documentation listed
below and endorsed with Council’s stamp, except where amended by Council and/or other
conditions of this consent:
Approved Plans
Plan
No.
Issue Plan Title Drawn by Dated Council
Reference
DA001 K Site, Roof & Site
Analysis Plan
NKT Architecture 27.05.2021
DA101 H Basement Plan NKT Architecture 27.05.2021
DA102 K Ground Floor Plan NKT Architecture 27.05.2021
DA111 C Ground Floor
Demolition
NKT Architecture 3.06.2019
Hornsby Shire Council Report No. LPP18/21 Page 27
Local Planning Panel meeting 28 July 2021 Business Paper Page 87
ITEM
2
DA201 H Elevations and Section NKT Architecture 11.06.2021
DA202 B Acoustic Wall
Elevations
NKT Architecture 15.02.2021
- C Finishes and Materials
Board
NKT Architecture 21.06.2021
L001 F Landscape Plan Peta Gilliland
Landscape Design
3.05.2021
C00.01 B General Notes Engineering Studio 1.07.2019
C01.01 B Sediment and Erosion
Control Plan
Engineering Studio 1.07.2019
C02.01 B Stormwater Drainage
Plan Sheet 1
Engineering Studio 1.07.2019
C02.02 B Stormwater Drainage
Plan Sheet 2
Engineering Studio 1.07.2019
C02.03 B Stormwater Drainage
Details Sheet 3
Engineering Studio 1.07.2019
Supporting Documents
Document Title Prepared by Dated Council
Reference
Perspective (Reference: Drawing Nos.
211, 212 and 213 Issue D and C)
NKT Architecture 16.05.2021
Arboricultural Impact Assessment
Report (Refence No. 200921-Galston
Club-AIA Revision C)
Urban Arbor 21.09.2020 D08120349
DA-Acoustic Assessment
(Reference No. TL336-01F02 (r4))
Renzo Tonin &
Associates
09.02.2021 D08120495
DA-Acoustic Assessment – Addendum
(Reference No. TL336-01F03 (r1))
Renzo Tonin &
Associates
07.06.2021 D08190684
BCA Compliance Assessment Report Greenfields Certifiers
Pty Ltd
05.06.2018 D07541017
Traffic and Parking Impact Assessment The Transport
Planning Partnership
23.01.2019 D07611195
Access Report Ergon Consulting 28.08.2018 D07541012
Waste Management Plan NKT Architecture 01.08.2018 D07541011
Plan showing Contours, Details and
Levels (Ref No. 1616-2, Sheets 1 and 2)
D.J. Hore Pty Ltd 19.03.2018 D07541009
Asbestos and Hazardous Materials
Register
Occupational Health
Professionals Pty Ltd
Feb 2018 D07541000
3. Amendment of Plans
a) To comply with Council’s requirement in terms of acoustics, the approved
architectural plans prepared by NKT Architecture (listed in the above table) are to be
amended as follows:
Hornsby Shire Council Report No. LPP18/21 Page 28
Local Planning Panel meeting 28 July 2021 Business Paper Page 88
ITEM
2
i) The horizontal bifold windows shown on the western and southern elevation
plans prepared by NKT Architecture (plan reference Nos. DA102 Issue K
dated 27.05.2021 and DA201 Issue H dated 11.06.2021) of the ‘western non-
smoking lounge’ must be removed and replaced with fixed glazing with no
gaps in accordance with the requirements of the DA-Acoustic Assessment
(reference No. TL336-01F02 (r4)) prepared by Renzo Tonin and Associates
dated 9.02.2021.
ii) The approved site plan and elevations plan prepared by NKT Architecture
(reference No. DA001 Issue K dated 27.05.2021 and DA201 Issue H dated
11.06.2021) must be amended to include the acoustic screens around the
perimeter of all the operable roofs in accordance with the requirements of the
DA-Acoustic Assessment (reference No. TL336-01F02 (r4)) prepared by
Renzo Tonin and Associates dated 9.02.2021.
iii) The approved site plan, floor plan and elevations plan prepared by NKT
Architecture (reference No. DA001 Issue K dated 27.05.2021, DA102 Issue K
dated 27.05.2021 and DA201 Issue H dated 11.06.2021) must be amended
to delete the operable roof shown within the cantilevered metal deck roof of
the western ‘non-smoking lounge’.
b) To comply with Council’s requirement in terms of landscaping, the approved
Architectural Plan prepared NKT Architecture and the Landscape Plan prepared by
Peta Gilliland Landscape Design (listed in the above table) are to be amended as
follows:
i) The approved site plan and floor plans prepared by NKT Architecture
(reference No. DA001 Issue K, DA101 Issue H and DA102 Issue K dated
27.05.2021) and the Landscape Plan prepared by Peta Gilliland Landscape
Design (reference No. L001 Issue F dated 3.05.2021) must be amended by
deleting car space 94 and relocating the section of the 4.5 metre acoustic
screen constructed along the western boundary, from the north western
corner of the carpark, running south along the perimeter of the carpark to
finish in line with northern elevation of the dwelling at No. 8 Gardiner Road by
500mm towards the western boundary. The area of car space 94 and the
area between the car park kerb and the 4.5m acoustic screen must be
landscaped.
ii) The Landscape Plan prepared by Peta Gilliland Landscape Design
(reference No. L001 Issue F dated 3.05.2021) must be amended by deleting
car parking spaces 93, 115, 116 and 130. The landscape plan must be
amended to reflect this area as landscaping.
iii) The approved site plan and floor plans prepared by NKT Architecture
(reference No. DA001 Issue K, DA101 Issue H and DA102 Issue K dated
27.05.2021) and the Landscape Plan prepared by Peta Gilliland Landscape
Design (reference No. L001 Issue F dated 3.05.2021) must be amended by
deleting car parking spaces 8, 64 and 94 and the area of the deleted car
spaces 8 and 94 must be landscaped.
c) The approved architectural plans prepared NKT Architecture must amended to
change the reference on the plans of the ‘smoking poker machine room’ and the
Hornsby Shire Council Report No. LPP18/21 Page 29
Local Planning Panel meeting 28 July 2021 Business Paper Page 89
ITEM
2
western ‘outdoor smoking lounge’ to smoke free. No consent is granted for the use of
the ‘smoking poker machine room’ and western ‘outdoor smoking lounge’ as an
enclosed outdoor public area.
4. Removal of Trees
a) This development consent permits the removal of trees numbered 28, 29, 31, 38 and
G3 as identified on tree location plan provided on page 37 of the supplied
Arboricultural impact Assessment prepared by Urban Arbor dated 21 September
2020 Reference No. 200921-Galston Club-AIA Revision C (D08120349).
b) No consent is granted for the removal of trees numbered 1-27, 30, 32-37 and 39 as
these trees contribute to the established landscape amenity of the area/streetscape.
Note: The removal of any other trees from the site requires separate approval by Council in
accordance with Part 1B.6 Tree and Vegetation Preservation of the Hornsby Development
Control Plan, 2013 (HDCP).
5. Tree Pruning
a) This development consent only permits the pruning of trees numbered 1-27, 32-37
and 39 provided on page 37 of the supplied Arboricultural Impact Assessment
prepared by Urban Arbor dated 21 September 2020 Reference No. 200921-Galston
Club-AIA Revision C (D08120349).
b) Works can be undertaken in the form of canopy modification in accordance with
condition 44(f).
c) All pruning work must be undertaken by an arborist with minimum AQF3
qualifications.
Note: The pruning of any other trees from the site requires separate approval by Council in
accordance with Part 1B.6 Tree and Vegetation Preservation of the Hornsby Development
Control Plan 2013 (HDCP).
6. Construction Certificate
a) A construction certificate must be approved by either Council or a Private Certifying
Authority (PCA) prior to the commencement of any works on the site approved under
this development consent.
b) The plans submitted with the application for the construction certificate must not be
inconsistent with the plans approved under this development consent.
7. Section 7.12 Development Contributions
(a) In accordance with Section 4.17(1) of the Environmental Planning and Assessment
Act 1979 and the Hornsby Shire Council Section 7.12 Development Contributions
Plan 2019-2029, $21,154.55 must be paid towards the provision, extension or
augmentation of public amenities or public services, based on development costs of
$2,115,455.
(b) The value of this contribution is current as of 3 July 2021. If the contributions are not
paid within the financial quarter that this consent is granted, the contributions payable
will be adjusted in accordance with the provisions of the Hornsby Shire Council
Hornsby Shire Council Report No. LPP18/21 Page 30
Local Planning Panel meeting 28 July 2021 Business Paper Page 90
ITEM
2
Section 7.12 Development Contributions Plan and the amount payable will be
calculated at the time of payment in the following manner:
$CPY = $CDC x CPIPY
CPIDC
Where:
$CPY is the amount of the contribution at the date of Payment
$CDC is the amount of the contribution as set out in this Development Consent
CPIPY is the latest release of the Consumer Price Index (Sydney – All Groups) at
the date of Payment as published by the ABS.
CPIDC is the Consumer Price Index (Sydney – All Groups) for the financial quarter at
the date of this Development Consent.
(c) The monetary contributions shall be paid to Council:
(i) prior to the issue of the Subdivision Certificate where the development is for
subdivision; or
(ii) prior to the issue of the first Construction Certificate where the development
is for building work; or
(iii) prior to issue of the Subdivision Certificate or first Construction Certificate,
whichever occurs first, where the development involves both subdivision and
building work; or
(iv) prior to the works commencing where the development does not require a
Construction Certificate or Subdivision Certificate.
Note: It is the professional responsibility of the Principal Certifying Authority to
ensure that the monetary contributions have been paid to Council in accordance with
the above timeframes.
Note: The Hornsby Shire Council Section 7.12 Development Contributions Plan may
be viewed at www.hornsby.nsw.gov.au or a copy may be inspected at Council’s
Administration Centre during normal business hours.
REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE
8. Building Code of Australia
All approved building work must be carried out in accordance with the relevant requirements
of the Building Code of Australia.
9. Fire Safety Schedule
A schedule of all proposed essential fire safety measures to be installed in the building (e.g.
hydrants, hose reels, emergency warning systems etc.) shall be submitted with the
construction certificate application. The schedule shall distinguish between existing and
proposed fire safety measures.
10. Disabled Access
Hornsby Shire Council Report No. LPP18/21 Page 31
Local Planning Panel meeting 28 July 2021 Business Paper Page 91
ITEM
2
The new building, new part of the building or affected part of the building is required to meet
the requirements of the Disability (Access to Premises Buildings) Standards 2010.
11. Utility Services
The applicant must submit written evidence of the following service provider requirements:
a) Ausgrid (formerly Energy Australia) – a letter of consent demonstrating that
satisfactory arrangements have been made to service the proposed development.
b) Telstra - a letter of consent demonstrating that satisfactory arrangements have been
made to service the proposed development.
12. Sydney Water – Approval
This application must be submitted to Sydney Water for approval to determine whether the
development would affect any Sydney Water infrastructure, and whether further requirements
are to be met.
Note: Building plan approvals can be obtained online via Sydney Water Tap inTM through
www.sydneywater.com.au under the Building and Development tab.
13. Certification of Acoustic Report
Prior to the issue of a Construction Certificate, a Certificate from an appropriate qualified
acoustic consultant is to be submitted to the Principal Certifying Authority (PCA) certifying that
the plans are capable of complying with the recommendations contained within the DA-
Acoustic Assessment, prepared by Renzo Tonin & Associates, dated 9 February 2021 and
the DA-Acoustic Assessment - Addendum, prepared by Renzo Tonin & Associates, dated 7
June 2021.
14. Construction Management Plan (CMP)
To assist in the protection of the public, the environment and Council’s assets, a separate
Construction Management Plan must be prepared by a suitably qualified environmental
consultant in consultation with a qualified traffic engineer and AQF 5 arborist, and submitted
to Council’s Compliance Team at:
https://www.hornsby.nsw.gov.au/property/build/applicationforms for review and approval.
The CMP must include the following details:
a) A Construction Traffic Management Plan (CTMP) including the following:
i) The order of construction works and arrangement of all construction
machines and vehicles being used during all stages.
ii) The CTMP plans shall be in accordance with all other plans submitted to
Council as part of this development proposal.
iii) A statement confirming that no building materials, work sheds, vehicles,
machines or the like shall be allowed to remain in the road reserve area
without the written consent of Hornsby Shire Council.
iv) The Plan shall be in compliance with the requirements of the Roads and
Maritime Services Traffic control at work sites Manual 2018 and detail:
Hornsby Shire Council Report No. LPP18/21 Page 32
Local Planning Panel meeting 28 July 2021 Business Paper Page 92
ITEM
2
(a) Public notification of proposed works.
(b) Long term signage requirements.
(c) Short term (during actual works) signage.
(d) Vehicle Movement Plans, where applicable.
(e) Traffic Management Plans.
(f) Pedestrian and Cyclist access and safety.
v) Traffic controls including those used during non-working hours. Pedestrian
access and two-way traffic in the public road must be able to be facilitated at
all times.
vi) Details of parking arrangements for all employees and contractors, including
layover areas for large trucks during all stages of works. The parking or
stopping of truck and dog vehicles associated with the development will not
be permitted other than on the site and the plan must demonstrate this will be
achieved.
vii) Confirmation that a street ‘scrub and dry’ service will be in operation during
all stages of works.
viii) Proposed truck routes to and from the site including details of the frequency
of truck movements for all stages of the development.
ix) Swept path analysis for ingress and egress of the site for all stages of works.
x) Site plans for all stages of works including the location of site sheds, concrete
pump and crane locations, unloading and loading areas, waste and storage
areas, existing survey marks, vehicle entry, surrounding pedestrian footpaths
and hoarding (fencing) locations.
xi) The total quantity and size of trucks for all importation and exportation of fill
on site throughout all stages of works, and a breakdown of total quantities of
trucks for each stage of works.
xii) The number of weeks trucks will be accessing and leaving the site with
excavated or imported fill material.
xiii) The maximum number of trucks travelling to and from the site on any given
day for each stage of works.
xiv) The maximum number of truck movements on any given day during peak
commuting periods for all stages of works.
xv) The source site location of any proposed fill to be imported to the site, for all
stages of works.
xvi) The Plan must state that the applicant and all employees of contractors on
the site must obey any direction or notice from the Prescribed Certifying
Authority or Hornsby Shire Council in order to ensure the above.
xvii) If there is a requirement to obtain a Work Zone, Out of Hours permit, partial
Road Closure or Crane Permit, the Plan must detail these requirements and
include a statement that an application to Hornsby Shire Council will be made
to obtain such a permit.
Hornsby Shire Council Report No. LPP18/21 Page 33
Local Planning Panel meeting 28 July 2021 Business Paper Page 93
ITEM
2
b) A Construction Waste Management Plan detailing the following:
i) Details of the importation or excavation of soil and fill, the classification of the
fill, disposal methods and authorised disposal depots that will be used for the
fill.
ii) Asbestos management requirement and procedures for removal and disposal
from the site in accordance with AS 2601–2001 – ‘The Demolition of
Structures’, and the Protection of the Environment Operations (Waste)
Regulation 2005.
iii) General construction waste details including construction waste skip bin
locations and litter management for workers.
d) A Tree Protection Plan (TPP) prepared by an AQF 5 Arborist in accordance with any
approved Arboricultural Impact Assessment and tree location plans, detailing the
following:
i) A site plan showing tree protection zones (TPZ) and structural root zones
(SRZ) of trees to be retained and specific details of tree protection measures
inclusive of distances (in metres) measured from tree trunks.
ii) Construction methodology to avoid damage to trees proposed to be retained
during construction works.
iii) iii) Specifications on tree protection materials used and methods within
the TPZ or SRZ.
iv) Location of dedicated material storage space on site outside of TPZ’s and
SRZ’s for retained trees.
e) A Construction Noise and Vibration Management Plan (CNMP) which includes:
i) Existing noise and vibration levels within the proximity of the proposed
development site.
ii) Details of the extent of rock breaking or rock sawing works forming part of the
proposed development works.
iii) The maximum level of noise and vibration predicted to be emitted during
each stage of construction.
iv) The duration of each stage of works where the maximum level of noise and
vibration are predicted to be emitted for.
v) Details of mitigation measures, inclusive of respite periods, that will meet
acoustic standards and guidelines at each stage of works.
vi) Details of a complaints handling process for the surrounding neighbourhood
for each stage of works.
e) Sediment and erosion control measures in accordance with the Soils and
Construction 2004 (Bluebook).
f) A Pedestrian Access Management Plan (PAMP) detailing how pedestrian movements
will be changed and managed during various stages of development, particularly
during any partial or total closure of footpaths.
Hornsby Shire Council Report No. LPP18/21 Page 34
Local Planning Panel meeting 28 July 2021 Business Paper Page 94
ITEM
2
g) The CMP must detail the contact information for developers, builder, private certifier
and any emergency details during and outside work hours.
15. Appointment of a Project Arborist
a) To ensure the trees that must be retained are protected, a project arborist with AQF
Level 5 qualifications must be appointed to provide monitoring and supervision of the
site throughout the construction period.
b) Details of the appointed project arborist must be submitted to Council and the PCA
with the application for the construction certificate.
16. Stormwater Drainage
The stormwater drainage system for the development must be designed for an average
recurrence interval (ARI) of 20 years and be gravity drained via an on-site detention and
water quality treatment facility or one of the deemed to comply measures in accordance with
the following requirements:
a) Connected directly to the easement to drain water.
b) Be designed by a Chartered Professional Civil/ Hydraulic Engineer of the Institution
of Engineers, Australia.
c) An application is to be made to Council for connection to Council pit.
17. On Site Stormwater Detention
An on-site stormwater detention system must be designed by a chartered civil engineer and
constructed in accordance with the following requirements:
a) Storage capacity to accommodate volume of 23.80 cubic metres and a maximum
discharge (when full) limited to 278 litres per second.
b) Have a surcharge/inspection grate located directly above the outlet. Discharge from
the detention system to be controlled via 1 metre length of pipe, not less than 50
millimetres diameter or via a stainless plate with sharply drilled orifice bolted over the
face of the outlet discharging into a larger diameter pipe capable of carrying the
design flow to an approved Council system.
c) Where above ground system is proposed, and the average depth is greater than 0.3
metres, a ‘pool type’ safety fence and warning signs to be installed.
d) Not be constructed in a location that would impact upon the visual or recreational
amenity of residents.
e) Detail calculations are to be shown in construction certificate plan.
f) An overflow/escape path shall be incorporated in the design.
18. Water Quality Management
A Water Sensitive Urban Design (WSUD) is required and stormwater discharging from the
development site is to be treated to achieve the quality specified in Council’s Development
Control Plan 2013 (table 1C.1.2(b) Urban Stormwater Quality Targets). MUSIC model and
Hornsby Shire Council Music- link report are to be part of the design using Council’s
parameters.
Hornsby Shire Council Report No. LPP18/21 Page 35
Local Planning Panel meeting 28 July 2021 Business Paper Page 95
ITEM
2
REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS
19. Erection of Construction Sign
a) A sign must be erected in a prominent position on any site on which any approved
work is being carried out:
i) Showing the name, address and telephone number of the principal certifying
authority for the work.
ii) Showing the name of the principal contractor (if any) for any demolition or
building work and a telephone number on which that person may be
contacted outside working hours.
iii) Stating that unauthorised entry to the work site is prohibited.
b) The sign is to be maintained while the approved work is being carried out and must
be removed when the work has been completed.
20. Protection of Adjoining Areas
A temporary hoarding, fence or awning must be erected between the work site and adjoining
lands before the works begin and must be kept in place until after the completion of the works
if the works:
a) Could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic;
b) Could cause damage to adjoining lands by falling objects; and/or
c) Involve the enclosure of a public place or part of a public place.
d) Have been identified as requiring a temporary hoarding, fence or awning within the
Council approved Construction Management Plan (CMP).
Note: Notwithstanding the above, Council’s separate written approval is required prior to the
erection of any structure or other obstruction on public land.
21. Toilet Facilities
a) To provide a safe and hygienic workplace, toilet facilities must be available or be
installed at the works site before works begin and must be maintained until the works
are completed at a ratio of one toilet for every 20 persons employed at the site.
b) Each toilet must:
i) Be a standard flushing toilet connected to a public sewer; or
ii) Be a temporary chemical closet approved under the Local Government Act
1993; or
iii) Have an on-site effluent disposal system approved under the Local
Government Act 1993.
22. Erosion and Sediment Control
To protect the water quality of the downstream environment, erosion and sediment control
measures must be provided and maintained throughout the construction period in accordance
with the manual ‘Soils and Construction 2004 (Bluebook)’, the approved plans, Council
Hornsby Shire Council Report No. LPP18/21 Page 36
Local Planning Panel meeting 28 July 2021 Business Paper Page 96
ITEM
2
specifications and to the satisfaction of the principal certifying authority. The erosion and
sediment control devices must remain in place until the site has been stabilised and
revegetated.
Note: On the spot penalties may be issued for any non-compliance with this requirement
without any further notification or warning.
23. Garbage receptacle
a) A garbage receptacle must be provided at the work site before works begin and must
be maintained until all works are completed.
b) The garbage receptacle must have a tight fitting lid and be suitable for the reception
of food scraps and papers.
c) The receptacle lid must be kept closed at all times, other than when garbage is being
deposited.
d) Food scraps must be placed in a garbage receptacle and not in demolition and
construction waste bins.
Reason: To ensure appropriate construction site waste management and to avoid injury to
wildlife.
24. Installation of Tree Protection Measures
a) Trees to be retained and numbered as identified on the Tree Location Plan provided
on page 37 of the supplied Arboricultural Impact Assessment prepared by Urban
Arbor dated 21 September 2020 Reference No. 200921-Galston Club-AIA Revision C
(D08120349) must have tree protection measures for the ground, trunk and canopy
installed by the project arborist as follows:
i) Prior to the commencement and for the duration of demolition works, in
accordance with the Tree Protection Plan by provided on page 37 of the
supplied Arboricultural Impact Assessment prepared by Urban Arbor dated
21 September 2020 Reference No. 200921-Galston Club-AIA Revision C
(D08120349).
ii) Prior to the commencement and for the duration of construction works, in
accordance with Tree Protection Plan provided on page 37 of the supplied
Arboricultural Impact Assessment prepared by Urban Arbor dated 21
September 2020 Reference No. 200921-Galston Club-AIA Revision C
(D08120349).
iii) Tree protection fencing for the trees to be retained numbered 1-27, 32-37
and 39 must be installed by the engaged AQF 5 project arborist and consist
of 1.8m high temporary fencing panels installed in accordance with Australian
Standard AS4687-2007 Temporary fencing and hoardings.
b) The installation of all required tree protection fencing must include shade cloth
attached to the fencing to reduce transport of dust, particulates and liquids from
entering the tree protection zone.
c) Tree crown protection measures are required and must be installed by the AQF 5
project arborist.
Hornsby Shire Council Report No. LPP18/21 Page 37
Local Planning Panel meeting 28 July 2021 Business Paper Page 97
ITEM
2
d) The circumference of the trunk(s) must be wrapped in hessian material to provide
cushioning for the installation of timber planks.
e) Timber planks (50 x100mm) must be spaced at 100mm intervals and must be
attached using adjustable ratchet straps.
f) All tree protection zones must have a layer of wood-chip mulch at a depth of between
150mm and 300mm.
g) Where wood-chip mulch is permitted by Council instead of tree protection fencing
within the tree protection zones, the wood-chip must be covered with a layer of
geotextile fabric and rumble boards.
REQUIREMENTS DURING DEMOLITION AND CONSTRUCTION
25. Construction Work Hours
All works on site, including demolition and earth works, must only occur between 7am and
5pm Monday to Saturday.
No work is to be undertaken on Sundays or public holidays.
26. Demolition
To protect the surrounding environment, all demolition work must be carried out in
accordance with Australian Standard AS2601-2001 – The Demolition of Structures and the
following requirements
a) Demolition material must be disposed of to an authorised recycling and/or waste
disposal site and/or in accordance with an approved waste management plan; and
b) Demolition works, where asbestos material is being removed, must be undertaken by
a contractor that holds an appropriate licence issued by SafeWork NSW in
accordance with the Work Health and Safety Regulation 2017 and be appropriately
transported and disposed of in accordance with the Protection of the Environment
Operations (Waste) Regulation 2014; and
c) On construction sites where any building contains asbestos material, a standard
commercially manufactured sign containing the words ‘DANGER ASBESTOS
REMOVAL IN PROGRESS’ and measuring not less than 400mm x 300mm must be
displayed in a prominent position visible from the street.
27. Environmental Management
To prevent sediment run-off, excessive dust, noise or odour emanating from the site during
the construction, the site must be managed in accordance with the publication ‘Managing
Urban Stormwater – Landcom (March 2004) and the Protection of the Environment
Operations Act 1997.
28. Disturbance of Existing Site
During construction works, the existing ground levels of open space areas and natural
landscape features, including natural rock-outcrops, vegetation, soil and watercourses must
not be altered unless otherwise nominated on the approved plans.
Hornsby Shire Council Report No. LPP18/21 Page 38
Local Planning Panel meeting 28 July 2021 Business Paper Page 98
ITEM
2
29. Street Sweeping
To protect the surrounding environment, during works and until the site landscaping is
established, street sweeping must be undertaken following sediment tracking from the site
along Arcadia Road for the extend of any sediment tracking. The street cleaning services
must undertake a street ‘scrub and dry’ method of service and not a dry sweeping service that
may cause sediment tracking to spread or cause a dust nuisance.
30. Council Property
To ensure that the public reserve is kept in a clean, tidy and safe condition during
construction works, no building materials, waste, machinery or related matter is to be stored
on the road or footpath.
31. Landfill
a) Prior to fill material being imported to the site, a Waste Classification Certificate shall
be obtained from a suitably qualified environmental consultant confirming the fill
wholly consists of Virgin Excavated Natural Material (VENM) as defined in Schedule
1 of the Protection of the Environment Operations Act 1997 or a material approved
under the NSW Environment Protection Authority’s Resource Recovery Orders and
Exemptions.
b) The required Waste Classification Certificate must be obtained by the Principal
Contractor prior to fill being imported to the site, and made available to Council as its
request.
32. Excavated Material
All excavated material removed from the site must be classified by a suitably qualified person
in accordance with the Department of Environment, Climate Change and Water NSW Waste
Classification Guidelines and Protection of the Environment Operations (Waste) Regulation
2014 prior to disposal to an approved waste management facility and be reported to the
principal certifying authority prior to the issue of an Occupation Certificate.
33. Survey Report
A report(s) must be prepared by a registered surveyor and submitted to the principal certifying
authority:
a) Prior to the pouring of concrete at each level of the building certifying that:
i) The building, retaining walls and the like have been correctly positioned on
the site; and
ii) The finished floor level(s) are in accordance with the approved plans.
34. Waste Management Details
Requirements of the approved Waste Management Plan shall be complied with during all site
preparation works, demolition and throughout all construction works. When implementing the
Waste Management Plan, the developer is to ensure:
Hornsby Shire Council Report No. LPP18/21 Page 39
Local Planning Panel meeting 28 July 2021 Business Paper Page 99
ITEM
2
a) The disposal of any demolition and construction waste must be undertaken in
accordance with the requirements of the Protection of Environment Operations Act
1997
b) All waste on site is to be stored, handled and disposed of in such a manner as to not
create air pollution, offensive noise or pollution of land and water as defined by the
Protection of Environment Operations Act 1997
c) Generation, storage, treatment and disposal of hazardous waste is conducted in
accordance with the relevant waste legislation administered by the EPA and relevant
Occupational Health and Safety legislation administered by WorkCover NSW
d) All waste generated (including excavated materials) which cannot be reused or
recycled must be transported to a facility which can lawfully accept it
e) All materials and resources that are to be stored on site during construction works are
contained on the site. The provisions of the Protection of Environment Operations Act
1997 must be complied with when placing/stock piling loose material, disposal of
concrete waste or activities which have potential to pollute drains and water courses
f) The storage of waste and recycling containers must be within the boundaries of the
development site at all times. Public footways and roads must not be used for the
storage of any waste and must be kept clear of obstructions during all construction
works
g) Additionally written records of the following items must be maintained during the
removal of any waste from the site and such information submitted to the Principal
Certifying Authority within fourteen days of the date of completion of the works:
i) The identity of the person removing the waste.
ii) The waste carrier vehicle registration.
iii) Date and time of waste collection.
iv) A description of the waste (type of waste and estimated quantity).
v) Details of the site to which the waste is to be taken.
vi) The corresponding tip docket/receipt from the site to which the waste is
transferred (noting date and time of delivery, description (type and quantity)
of waste).
vii) Whether the waste is expected to be reused, recycled or go to landfill.
Note: In accordance with the Protection of the Environment Operations Act 1997, the
definition of waste includes any unwanted substance, regardless of whether it is reused,
recycled or disposed to landfill.
35. Maintenance of public footpaths
Public footpaths must be maintained for the duration of works to ensure they are free of trip
hazards, displacements, breaks or debris to enable pedestrians to travel along the footpath
safely.
36. Compliance with Construction Management Plan
Hornsby Shire Council Report No. LPP18/21 Page 40
Local Planning Panel meeting 28 July 2021 Business Paper Page 100
ITEM
2
The Council approved Construction Management Plan must be complied with for the duration
of works, unless otherwise approved by Council.
37. Prohibited actions within the fenced tree protection zone
The following activities are prohibited within the approved fenced tree protection zones unless
otherwise approved by Council:
a) Soil cutting or filling, including excavation and trenching
b) Soil cultivation, disturbance or compaction
c) Stockpiling storage or mixing of materials
d) The parking, storing, washing and repairing of tools, equipment and machinery
e) The disposal of liquids and refuelling
f) The disposal of building materials
g) The siting of offices or sheds
h) Any action leading to the impact on tree health or structure
38. Maintaining the health of trees approved for retention
The appointed project arborist must monitor and record all necessary actions required to
maintain tree health and condition for trees retained on the approved plans.
39. Maintaining Tree Protection Measures
Tree Protection Measures must be maintained by the project arborist in accordance with
conditions of this consent for the duration of works.
40. Approved Works within Tree Protection Zone incursions
a) Where tree root pruning is required for the installation of piers, driveway or
underground services, the pruning must be overseen by the AQF 5 project arborist
and must be undertaken as follows:
i) Using sharp secateurs, pruners, handsaws or chainsaws with the final cut
being clean.
ii) The maximum diameter of roots permitted to be cut is 30mm.
b) The up-grading of the existing parking sections must be constructed using the
following process:
i) Demolition must be done manually using small plant machinery only, no
larger than a jackhammer.
ii) Sub-grade preparation must have a maximum cut consistent with the
originally prepared area cut no deeper.
c) The new parking bays 119-129 must be constructed using the following process:
i) Grass removal must use turf cutter or small plant i.e. Dingo to a depth of
75mm.
Hornsby Shire Council Report No. LPP18/21 Page 41
Local Planning Panel meeting 28 July 2021 Business Paper Page 101
ITEM
2
ii) To minimise soil compaction the proposed parking space must be built above
grade by raising the sub-grade by 100mm using gap-graded material in
accordance with Australian Standards AS4419-2003 Soils for landscaping
and garden use.
iii) To minimise soil compaction all imported material into the TPZ area must be
distributed by hand.
d) Approved excavations within the Tree Protection Zone of trees to be retained
numbered not associated with installation of services must be undertaken as follows:
i) Excavations for the installation of the acoustic wall in the Tree Protection
Zone of trees to be retained on the approved plans must be supervised by
the project arborist for the first 500mm and must be undertaken manually to
locate roots and allow for pruning in accordance with condition No. 40(a).
e) To minimise impacts within the Tree Protection Zone (TPZ) of trees numbered 1-27,
32-37 and 39 on the approved plans, the installation of services must be undertaken
as follows:
i) The AQF 5 project arborist must be present to oversee the installation of any
underground services which enter or transect the tree protection.
ii) The installation of any underground services which either enter or transect
the designated TPZ must utilise directional drilling only
f) Acoustic Wall installation to minimise root loss in the TPZ of the trees, the footings of
the proposed acoustic walls will be pier style footings with all horizontal components
to bridge over significant tree roots. To ensure that significant tree roots are retained,
it must be demonstrated by the project engineer that the following construction
methods can be implemented;
i) All excavations for piers must be carried out manually under the supervision
of The project Arborist.
ii) The location of piers must be flexible to avoid significant roots (roots greater
than 40mm in diameter). All roots greater than 40mm in diameter must be
retained unless the project arborist has assessed and approved in writing that
severing the root will not impact the condition or stability of the tree.
iii) Horizontal wall components must be located on or above the existing soil
iv) grades.
v) The piers should be located a minimum of 200mm from any root to be
retained that is greater than 40mm in diameter.
vi) Any canopy pruning required for the installation of the acoustic walls must be
assessed by the project arborist prior to the commencement of works. And an
arboricultural pruning assessment report will be required to detail the
following information;
(a) Include the number of branches and the percentage of canopy to be
removed.
Hornsby Shire Council Report No. LPP18/21 Page 42
Local Planning Panel meeting 28 July 2021 Business Paper Page 102
ITEM
2
(b) Include the diameters and orientation of all branches to be
pruned/removed.
(c) Include photos with individual branches which are recommended for
(d) pruning/removal to be clearly marked.
(e) Specify pruning work in accordance with Australian Standard
‘AS4373:2007 ‘Pruning of Amenity Trees’.
g) Where scaffolding is required, ground protection must be installed beneath the
scaffolding in the following order:
i) Installation of a 100mm deep layer of woodchip and;
ii) Installation of geotextile fabric ground covering and;
iii) Installation of scaffold boarding above the woodchip and geotextile fabric.
41. Building materials and Site Waste
a) The stockpiling of building materials, the parking of vehicles or plant, the disposal of
cement slurry, waste water or other contaminants must be located outside the tree
protection zones as prescribed in the conditions of this consent of any tree to be
retained.
REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE
42. Works as Executed Plan
A works-as-executed plan(s) must be prepared by a registered surveyor and submitted to
Council for completed on-site detention and water quality treatment systems. The plan(s)
must be accompanied by a certificate from a registered surveyor certifying that all pipelines
and associated structures lie wholly within any relevant easements.
43. Creation of Easements
The following matter(s) must be nominated on the plan of subdivision under s88B of the
Conveyancing Act, 1919:
a) The creation of an appropriate "Positive Covenant" and "Restriction as to User" over
the constructed on-site detention and all elements of Water Sensitive Urban Design
elements (filters/bio-retention/etc) and outlet works, within the lots in favour of Council
in accordance with Council’s prescribed wording. The position of the on-site detention
system and elements of the water sensitive urban design are to be clearly indicated
on the title
b) The positive covenant is to include a management plan of the water sensitive urban
design system.
c) To register the positive covenant and the restriction on the use of land, “works-as-
executed” details of the on-site-detention system and elements of water sensitive
urban design elements must be submitted verifying that the required storage and
discharge rates and water quality treatment measures have been constructed in
accordance with the design requirements. The details must show the invert levels of
the on- site system together with pipe sizes and grades and details of water quality
Hornsby Shire Council Report No. LPP18/21 Page 43
Local Planning Panel meeting 28 July 2021 Business Paper Page 103
ITEM
2
treatment measures. Any variations to the approved plans must be shown in red on
the “works-as-executed” plan and supported by calculations
44. Completion of Works and Compliance Certificate
All engineering works identified in this consent are to be completed and a Compliance
Certificate issued prior to the release of occupation certificate.
45. Hazardous Materials Report
A Hazardous Materials Report must be prepared by a suitably qualified Occupational
Hygienist and submitted to Council and the Principal Certifying Authority prior to the issue of
an Occupation Certificate. The report must confirm that the buildings are clear of
contamination and suitable for the intended use. The survey is to be undertaken in
accordance with the Work Health and Safety Regulation 2017 (NSW) including laboratory
analysis for asbestos and synthetic material fibres.
46. Damage to Council Assets
To protect public property and infrastructure, any damage caused to Council’s assets as a
result of the construction or demolition of the development must be rectified by the applicant
in accordance with Council’s Civil Works Specifications. Rectification works must be
undertaken prior to the issue of an Occupation Certificate, or sooner, as directed by Council.
47. Completion of Landscaping
A certificate must be submitted to the PCA by a practicing landscape architect, horticulturalist
or person with similar qualifications and experience certifying that all required landscaping
works have been satisfactorily completed in accordance with the approved landscape plans.
Note: Advice on suitable species for landscaping can be obtained from Council’s planting
guide ‘Indigenous Plants for the Bushland Shire’, available at www.hornsby.nsw.gov.au.
48. Retaining Walls
All retaining walls must be constructed as part of the development and prior to the issue of an
Occupation Certificate.
49. External Lighting
a) To protect the amenity of adjacent premises, all external lighting must be designed
and installed in accordance with Australian Standard AS 4282 Control of the
Obtrusive Effects of Outdoor Lighting.
b) Prior to the issue of the Occupation Certificate, the Principal Certifier shall be satisfied
that all outdoor lighting complies with AS/NZS 4282:2019 Control of the obtrusive
effects of outdoor lighting and is mounted, screened and directed in a way that does
not create a nuisance or light spill on to buildings or surrounding residences or public
places.
50. Food Premises
The fit out and operation of that part of the building to be used for the manufacture,
preparation or storage of food for sale, must be in accordance with Australian Standard
Hornsby Shire Council Report No. LPP18/21 Page 44
Local Planning Panel meeting 28 July 2021 Business Paper Page 104
ITEM
2
AS4674-2004 – Design and fit out of food premises, the Food Act 2003, and the Food
Regulation 2015 and the Food Standards Code developed by Food Standards Australia New
Zealand. Food Standards 3.2.2 and 3.2.3 are mandatory for all food businesses.
Note: Walls are to be of solid construction.
51. Grease Trap & Dry Basket Arrestor Installation
An application must be submitted to Sydney Water for the installation of a grease trap and dry
basket arrestor (floor and sink) in accordance with the ‘Guidelines for the On-Site Pre-
Treatment of Trade Wastewater Discharges – Sydney Water (May 2004)’.
52. Kitchen Exhaust Installation
A kitchen exhaust system must be designed and installed to effectively prevent air pollution in
accordance with the Protection of the Environment Operations Act 1997.
53. Acoustic Compliance Certificate
Prior to the issue of an Occupation Certificate, an Acoustic Compliance Certificate is to be
prepared by a suitably qualified Acoustic Consultant and submitted to the Principal Certifying
Authority and the Council. The Acoustic Compliance Certificate is to certify the following:
a) Acoustic screens have been installed in accordance with DA-Acoustic Assessment,
prepared by Renzo Tonin and Associates dated DA-Acoustic Assessment, prepared
by Renzo Tonin & Associates, dated 9 February 2021 and the following requirement:
i) The top part of the 4.5m high acoustic fence (above 3m) is to be comprised
of a 1.5m high Polycarbonate/acrylic panels with anti-crazing film. To satisfy
the acoustic requirements, the wall must be constructed to ensure there are
no gaps between the panels and no gaps between the lower part of the wall
and the Polycarbonate/acrylic panels.
b) All the Acoustic treatments have been installed in accordance with the
recommendations of the DA-Acoustic Assessment, prepared by Renzo Tonin and
Associates dated 9 February 2021.
c) The mechanical plant screens and the cut-out limiter have been installed in
accordance with the DA-Acoustic Assessment - Addendum, prepared by Renzo
Tonin & Associates, dated 7 June 2021.
54. Replacement Tree Requirements
a) The trees approved for removal under this consent, being 5 trees must be offset
through replacement planting of a minimum of 5 trees.
b) All replacement plantings must be species selected from the ‘Trees Indigenous to
Hornsby Shire (as of 1 September 2011)’ document available for viewing on the
Hornsby Council’s website http://www.hornsby.nsw.gov.au/environment/flora-and-
fauna/tree-management/indigenous-trees
c) The location and size of tree replacement planting must comply with the following:
Hornsby Shire Council Report No. LPP18/21 Page 45
Local Planning Panel meeting 28 July 2021 Business Paper Page 105
ITEM
2
i) All replacement trees must be located in either front or rear setbacks and
planted 4 metres or greater from the foundation walls of the approved
development.
ii) The pot size of the replacement trees must be a minimum 75 litres
iii) All replacement trees must be a minimum of 3 metres in height.
iv) All replacement trees must have the potential to reach a mature height
greater than 20 metres.
55. Final Certification
The AQF 5 Project arborist must submit to the Principal Certifying Authority a certificate that
includes the following:
a) All tree protection requirements complied with the as approved tree protection plan
for the duration of demolition and/or construction works and;
b) All completed works relating to tree protection and maintenance have been carried
out in compliance with the conditions of consent and approved plans and;
c) Dates, times and reasons for all site attendance and;
d) All works undertaken to maintain the health of retained trees and;
e) Details of tree protection zone maintenance for the duration of works and;
f) A statement to confirm that tree replacement planting meets NATSPEC guidelines
and the approved landscape plan.
Note: Copies of monitoring documentation may be requested throughout the development
works.
56. Waste Management Details
The following waste management requirements must be complied with:
a) A report must be prepared by an appropriately qualified person, certifying the
following:
i) A comparison of the estimated quantities of each waste type against the
actual quantities of each waste type.
Note: Explanations of any deviations to the approved Waste Management Plan is required to
be included in this report
ii) That at least 60% of the waste generated during the demolition and
construction phase of the development was reused or recycled.
Note: If the 60% diversion from landfill cannot be achieved in the Construction
Stage, the Report is to include the reasons why this occurred and certify that
appropriate work practices were employed to implement the approved Waste
Management Plan. The Report must be based on documentary evidence
such as tipping dockets/receipts from recycling depots, transfer stations and
landfills, audits of procedures etc. which are to be attached to the report.
Hornsby Shire Council Report No. LPP18/21 Page 46
Local Planning Panel meeting 28 July 2021 Business Paper Page 106
ITEM
2
iii) All waste was taken to site(s) that were lawfully permitted to accept that
waste.
b) The bin storage area must include water or a hose for cleaning, graded floors with
drainage to sewer, sealed and impervious surface, adequate lighting and ventilation.
c) The bin carting routes must be devoid of any steps and must be wholly within the site.
Note: Ramps between different levels are acceptable. The use of the public footpath
is not acceptable.
57. Wastewater to Existing System
All wastewater generated within the approved development must be directed to the existing
onsite inground concrete holding tank connected to the Sydney Water sewage management
system servicing the site.
58. Footpath
Any existing damaged/ cracked section of footpath must be replaced.
59. Water Quality Management
Prior to occupation of the premises, a Chartered Civil/Hydraulic Engineer of the Institution of
Engineers, Australia is to certify that works have been completed in accordance with the
approved construction plan and the measures will achieve the targets specified in the
condition.
60. Internal Driveway/Vehicular Areas
The driveway and car parking areas on site must be constructed and a Construction
Certificate issued in accordance with Australian Standards AS2890.1, AS2890.2, AS3727
and the following requirements:
a) All damaged sections of the driveway shall be removed and replaced.
b) Any proposed landscaping and/or fencing must not restrict sight distance to
pedestrians and cyclists travelling along the footpath.
c) All parking for people with disabilities is to comply with AS/NZS 2890.6:2009 Off-
street parking for people with disabilities.
d) Motorcycle parking spaces are to be designed in accordance with AS/NZS
2890.1:2004 Figure 2.7.
61. Waste Management Details
The following waste management requirements must be complied with:
a) The bin storage area should be screened.
b) The bin storage area must be at the same level as the truck loading bay. There must
be no steps along any bin carting route.
62. Wastewater to Existing System
Hornsby Shire Council Report No. LPP18/21 Page 47
Local Planning Panel meeting 28 July 2021 Business Paper Page 107
ITEM
2
All wastewater generated within the approved development must be directed to the existing
onsite inground concrete holding tank connected to the Sydney Water sewage management
system servicing the site.
OPERATIONAL CONDITIONS
63. Use of the Outdoor Lounges
a) A maximum of 20 people are permitted to use the ‘outdoor smoking lounge’ at any
one time.
b) A maximum of 40 people are permitted to use the ‘outdoor non-smoking lounge’ at
any one time.
64. Operation of Licensed Premises
The operation of the premises must be carried out in accordance with the following
requirements:
a) The hours of operation of the premises are:
Monday to Saturday: 11.00am to 12 midnight
Sunday: 10.00am to 10.00pm
65. Removal of Equipment After Function in Auditorium
Following the completion of any function in the auditorium that requires the removal of
equipment associated with that function (including amplifiers et cetera associated with bands
or portable disk jockeys) the removal of such equipment after 10pm will occur by the existing
loading dock where all the vehicles for the purpose of transporting such equipment can only
be loaded with those vehicles located in the loading dock.
All such loading operations must be supervised by staff (not security) for the entire loading
operation to ensure that there is no excessive noise issued from the loading dock during that
operation.
66. Compliance with Plan of Management
The Plan of Management, as required by Condition No. 1 of this consent, must be complied
with at all times, unless otherwise approved by Council. Changes to the approved Plan of
Management must not be made without the written consent of Council.
67. Maintenance of Acoustic Fencing
All Acoustic barriers, including boundary fencing, must be maintained for the duration of the
development. Responsibility for the maintenance of all acoustic barriers, including acoustic
fences, is the sole responsibility of the owner of the development, and shall continue into
perpetuity should the premises be sold in the future, unless otherwise approved by Council.
68. Waste Management
The waste management on site must be in accordance with the following requirements:
Hornsby Shire Council Report No. LPP18/21 Page 48
Local Planning Panel meeting 28 July 2021 Business Paper Page 108
ITEM
2
a) All commercial tenant(s) must keep written evidence on site of a valid contract with a
licensed waste contractor(s) for the regular collection and disposal of the waste and
recyclables that are generated on site.
b) All commercial tenant(s) must have a sufficient number of bins to contain the volume
of waste and recycling expected to be generated between collection services.
c) Waste collection services must not take place between 8PM and 7AM weekdays or
8PM and 8AM on weekends and public holidays.
d) A Work, Health & Safety (WHS) risk assessment is to be carried out by a suitably
qualified person with qualifications in Work, Health & Safety Legislation with specific
regard to waste management. The recommendations of the WHS Risk Assessment
are to be implemented as required.
69. Fire Safety Statement - Annual
On at least one occasion in every 12 month period following the date of the first ‘Fire Safety
Certificate’ issued for the property, the owner must provide Council with an annual ‘Fire
Safety Certificate’ certifying each essential service installed in the building.
70. Irrigation
A fully automatic irrigation system operated via irrigation controller and rain sensor is to be
provided to the landscape areas. The irrigation system will be supplied with water via a
dedicated irrigation main pipe. Garden taps shall be supplied via a separate main pipe,
keeping them separate from the irrigation main. A suitably qualified urban irrigation installer,
licensed by the NSW Department of Fair Trading must directly supervise all works carried out
as part of this project. All works shall, as a minimum, meet the requirements of AS 3500.
71. Landscape Establishment
The landscape works must be maintained into the future to ensure the establishment and
successful growth of plant material to meet the intent of the landscape design. This must
include but not limited to watering, weeding, replacement of failed plant material and
promoting the growth of plants through standard industry practices.
- END OF CONDITIONS -
ADVISORY NOTES
The following information is provided for your assistance to ensure compliance with the Environmental
Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulation 2000,
other relevant legislation and Council’s policies and specifications. This information does not form
part of the conditions of development consent pursuant to Section 4.17 of the Act.
Environmental Planning and Assessment Act 1979 Requirements
The Environmental Planning and Assessment Act 1979 requires:
• The issue of a construction certificate prior to the commencement of any works. Enquiries
can be made to Council’s Customer Services Branch on 9847 6760.
• A principal certifying authority to be nominated and Council notified of that appointment prior
to the commencement of any works.
Hornsby Shire Council Report No. LPP18/21 Page 49
Local Planning Panel meeting 28 July 2021 Business Paper Page 109
ITEM
2
• Council to be given at least two days written notice prior to the commencement of any works.
• Mandatory inspections of nominated stages of the construction inspected.
• An occupation certificate to be issued before occupying any building or commencing the use
of the land.
Long Service Levy
In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act
1986, a ‘Long Service Levy’ must be paid to the Long Service Payments Corporation or Hornsby
Council.
Note: The rate of the Long Service Levy is 0.35% of the total cost of the work.
Note: Hornsby Council requires the payment of the Long Service Levy prior to the issue of a
construction certificate.
Tree and Vegetation Preservation
A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other
vegetation protected under the Hornsby Development Control Plan 2013 without the authority
conferred by a development consent or a permit granted by Council.
Notes: A tree is defined as a long lived, woody perennial plant with one or relatively few main stems
with the potential to grow to a height greater than three metres (3M). (HDCP 1B.6.1.c).
Tree protection measures and distances are determined using the Australian Standard AS
4970:2009, “Protection of Trees on Development Sites”.
Fines may be imposed for non-compliance with the Hornsby Development Control Plan 2013.
Disability Discrimination Act
The applicant’s attention is drawn to the existence of the Disability Discrimination Act 1992. A
construction certificate is required to be obtained for the proposed building/s, which will provide
consideration under the Building Code of Australia, however, the development may not comply with
the requirements of the Disability Discrimination Act 1992. This is the sole responsibility of the
applicant.
Covenants
The land upon which the subject building is to be constructed may be affected by restrictive
covenants. Council issues this approval without enquiry as to whether any restrictive covenant
affecting the land would be breached by the construction of the building, the subject of this consent.
Applicants must rely on their own enquiries as to whether or not the building breaches any such
covenant.
Dial Before You Dig
Prior to commencing any works, the applicant is encouraged to contact Dial Before You Dig on 1100
or www.dialbeforeyoudig.com.au for free information on potential underground pipes and cables
within the vicinity of the development site.
Telecommunications Act 1997 (Commonwealth)
If you are aware of any works or proposed works which may affect or impact on Telstra’s assets in
any way, you are required to contact: Telstra’s Network Integrity Team on Phone Number
1800810443.
Hornsby Shire Council Report No. LPP18/21 Page 50
Local Planning Panel meeting 28 July 2021 Business Paper Page 110
ITEM
2
Asbestos Warning
Should asbestos or asbestos products be encountered during demolition or construction works, you
are advised to seek advice and information prior to disturbing this material. It is recommended that a
contractor holding an asbestos-handling permit (issued by SafeWork NSW) be engaged to manage
the proper handling of this material. Further information regarding the safe handling and removal of
asbestos can be found at:
www.environment.nsw.gov.au
www.adfa.org.au
www.workcover.nsw.gov.au
Alternatively, telephone the SafeWork NSW Asbestos and Demolition Team on 8260 5885.
Council Notification – Food Premises
Prior to the commencement of the business, the operator is requested to contact Council’s
Environmental Health Team to arrange an inspection for compliance against the relevant legislation
and guidelines outlined in this approval.
Note: Council’s Environmental Health Officer can be contacted on 02 9847 6014.