Thornleigh : Privacy Screen Residential & Commercial Shutters, Screens, Awnings & Blinds

Aneighbourhood centre opposite the site on the corner of Sefton Road and LaroolCrescent includes a restaurant and takeaway. Hornsby Council is currently preparing a medium densityhousing strategy that seeks to introduce the same medium density developmenttypes proposed by the SEPP Code. Should the draft Plans proceed, Councilwould need to align its medium density housing controls to ensure consistencywith the Codes SEPP, similar to the approach already applied for dwellinghouses and apartments. Local councils would be required to amend their LEPs to giveeffect to the District Plans and Regional Plan for Sydney.
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The proposed basement car park is to be constructed over twolevels and includes 38 resident and 5 visitor car parking spaces. The regular shaped site has an area of 1,729m2and is located on the eastern side of Citrus Avenue. The development generally meets the desired outcomes ofCouncil’s planning controls except for the floor area and number ofstoreys and is satisfactory having regard to the matters for considerationunder Section  79C of the Environmental Planning and Assessment Act, 1979. The application is considered to have satisfactorilyaddressed Council’s and relevant agencies’ criteria and wouldprovide a development outcome that, on balance, would result in a positiveimpact for the community.
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The proposed capacity is considered adequate forwater supply in the subject location with an average annual rainfall of 1100mmper annum. An additional static supply is recommended by the NSW Rural FireService of 10,000 litres for lots 2 to 4 and 22,000 litres for lot 1, for firefightingpurposes. The proposed two jetties andpontoons are permissible with development consent pursuant to Clause 20 of HSLEP.The proposed jetties are located within the W1 Natural Waterways zone under HornsbyLocal Environmental Plan 2013 and would be permissible with developmentconsent. The proposed development would be consistent with ‘APlan for Growing Sydney’ and ‘Draft North District Plan’by providing allotments capable of supporting future dwelling houses. The proposed lots are subject to a proposed Asset ProtectionZone for bushfire protection.

Thesouthern boundary is undefined in the bushland which extends to the rural areaalong Bay Road. The boundary forms the suburban boundary line between thelocalities  of Berowra Creek and Berrilee. SA25/84 Stage 3 for subdivision for 16 lots in 1987 was notprogressed due to a land claim under Native Title which was not disclaimeduntil 2003 by which time the land had been rezoned. To protect public property andinfrastructure, any damage caused to Council’s assets as a result of theconstruction or demolition of the development must be rectified by theapplicant in accordance with Council’s Civil Works Specifications. Rectificationworks must be undertaken prior to occupation of the building, or sooner, asdirected by Council.
If theproposed controlled activities are amended or modified the NSW Office of Watermust be notified to determine if any variations to these GTA will be required. The following conditions of consent are General Terms ofApproval from the nominated State Agency pursuant to Section 91A of the EnvironmentalPlanning and Assessment Act 1979 and must be complied with to thesatisfaction of that Agency. The natural area would be included in the proposed residualLot 1 but would otherwise not be affected by the proposed subdivision. An independent hydrographic survey was provided by ManlyHydraulics Laboratory which determined the navigable access. The application originally included hydrographic surveyinformation based on Median Spring Low Tide data which was revised to IndianSpring Low Tide.

The proposed five storeyresidential flat development is of appropriate design in respect to the aspectsof the site within the Peats Ferry Road, Asquith Precinct. Subject to the implementation of sediment and erosioncontrol measures, stormwater detention and management to protect water quality,the proposal would comply with the requirements of the Policy. The proposal is satisfactory in meeting the ADGobjective for private open space and balconies subject to recommendedconditions. The proposed balcony for ground floor Unit No 3 has aminimum depth of 1.9m in non-compliance with the ADG criteria for aminimum depth of 2m.
On 7 February 2003, theEnvironmental Protection B (River Catchment) land was rezoned EnvironmentProtection E (River Settlement) under Hornsby Shire Local Environment Plan 1994(Amendment No. 64). A Pedestrian Access ManagementPlan (PAMP) detailing how pedestrian movements will be changed and managedduring various stages of development, particularly during any partial or totalclosure of footpaths. Council will review the PAMP, agree anymodifications with the proponent and enforce the PAMP during construction. The proposal involves theconstruction of an emergency services facility for the NSW Rural Fire Service. Flammable and combustible liquidsmust be stored in accordance with Australian Standard 1940 – TheStorage and Handling of Flammable and Combustible Liquids. A bundwall must be constructed around all work and liquid storage areas to preventany spillage entering into the stormwater system.

The Policy provides for design principles to improve thedesign quality of residential flat development and for consistency in planningcontrols across the State. In assessing the impact ofthe floor area non-compliance, it is noted that while the total floor areawould be 155m2 over the prescribed floor area requirement, thecombined floor area for the ground and first floor of the dwelling would be360m2 in compliance with the standard. The proposed basementwould attribute to all of the non-compliance as it would have a floor area of175m2. As a consequence, it would not significantly impact the bulkand scale of the dwelling and would not cause any additional shadow impacts toneighbouring properties given its compliance with the 8.5 metre height limit. The existing concrete batching plant is located within 250metres of a residential zone. Hornsby Park, including Hornsby Quarry and Old MansValley Parklands - Council is currently planning a large park that willinclude a variety of recreation opportunities in a new play setting in closeproximity to Hornsby Town Centre.
The future residential character of the street is thereforedefined by medium and high density housing and the desired future characterprovisions of the HDCP. The remainder of the properties in the street were rezonedfrom low density residential to medium density residential under HornsbyShire Local Environmental Plan (Amendment No. 101) gazetted 17 December2010. The subject land and adjoining lands fronting Peats Ferry Rd(Pacific Highway) were included in Council’s Housing Strategy and rezonedfrom low density to high density housing under Hornsby Shire LocalEnvironmental Plan (Amendment No. 99) gazetted on 2 September 2011.

8A Kirkham Street and therefore, a turning area must be accommodated onsite in order for vehicles to leave the site in a forward direction. Theturning area has been provided within the basement which accounts for much ofthe 175m2 basement. If this turning area were to be provided atground level, the amount of landscaped area would need to be reduced. Further,the southern adjacent dwelling at No. 10 Kirkham Street has a floor area ofapproximately 490m2 which is substantially higher than the proposed360m2 of visible floor area for No. 8A Kirkham Street. In respect to Clause 36(b) the proposed addition of  two newsilos would adjoin two existing silos at the rear of the site.
No objections are raised to the proposal in regard to treepreservation subject to conditions requiring the replacement planting of threetrees to compensate for the tree removal. Further, conditions arerecommended requiring a project arborist to be appointed to monitor theimplementation of appropriate tree sensitive construction techniques to retainthe 10 neighbouring trees. An objection raises concerns regardingthe amount of excavation required for the development. The extent of theexcavation is to allow for a basement level garage, turning area and binstorage. Toaddress concerns regarding the impact of the stability of adjoining properties,a condition is recommended for a dilapidation report to be prepared. In addressing the impact of the number of storeysnon-compliance, by definition Council must define the basement as a floor wherethe floor level of the storey immediately above is more than 1 metre above theexisting ground level.
During construction works, theexisting ground levels of open space areas and natural landscape features,including natural rock-outcrops, vegetation, soil and watercourses must not bealtered unless otherwise nominated on the approved plans. The erosion and sediment control devices mustremain in place until the site has been stabilised and revegetated. The proposed development complies with HLEP and isgenerally satisfactory is respect to the design principles of SEPP 65 andthe requirements of the Residential Flat Design Code subject torecommended conditions. The proposal does not comply with the prescriptivemeasures of HDCP for floorplate dimension and rear setbacks. Thenon-compliances are acceptable in respect to the aspects of the site and wouldnot establish a precedent for future RFB development. The proposed ground floor unit open space areas are designedwith regard the Hornsby Development Control Plan 2013 (HDCP) keydevelopment principle of the Peats Ferry Road, Asquith Precinct for five storeyresidential flat buildings in garden settings.