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The Codes SEPP amendments would introduce a limited range of medium densitydwelling types as complying development in areas where that dwelling type or aprescribed similar form is permitted in an LEP. An opportunity exists for Council to negotiate a right ofcarriageway with the future landowner of property No. 34 Hinemoa Avenue when anapplication for development or subdivision of the land is lodged. The application wassubsequently amended from subdivision of two lots into eight lots tosubdivision of four lots into four allotments. The NSW Office of Environmentand Heritage granted their General Terms of Approval in respect to AboriginalCultural Heritage and an Aboriginal Heritage Impact Permit. The requirementsform recommended conditions of development consent under Schedule 1 of thisreport.
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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 addition isrelatively minor in the context of the overall site and the existing plant andwould not detract from the amenity of the surrounding locality. The proposal willnot significantly alter the environmental impacts of the existing operations asthe two new silos will improve storage capacity and efficiency of the existingplant. The new silos are not proposed to increase production volumes, truckmovements or operating hours.

As aconsequence, the proposal is subject to assessment under Part 9.3 and 9.4 inthe HDCP. The car parking and driveway would comply with the aboveprescribe measures and is consistent with the desired outcomes of Part 3.1.7Vehicle Access and Parking in the HDCP and is considered acceptable. In regard to the above, theproposed car parking complies with all of the above prescriptive measures. The desired outcome of Part 3.1.7 Vehicle Access and Parkingin the HDCP is to encourage “development that provides sufficient andconvenient parking for residents with vehicular access that is simple, safe anddirect”. In addressing the objections regarding the setting of thebuilding, it is noted that the development would not exceed the 8.5 heightlimit at any point.
The location of new medium and high density developmentshould be addressed through local planning strategies where local communitieshave the opportunity to be consulted and participate in the plan makingprocess. Consistent with previous decisions to repeal State planning policiesthat imposed inappropriate development in low density areas, the currentframework of only permitting detached dwellings and granny flats as complyingdevelopment should remain. However, for councils who permit dual occupancy developmentwithin their R1 and R2 zones, the SEPP will have broad implications on theirzoning hierarchy. To ensure that the impact of the amendments equally apply tocouncils, they should only apply to development within the R3 zone which wouldprovide councils with the scope to consider expanding this zone in futurehousing strategies. Should the SEPP amendmentsproceed, it would be appropriate that the dwelling types are based on a minimumparent lot determined by the local council. This would enable councilswho currently do not apply a minimum lot size for certain types of development(as per model Clause 4.1B), to set appropriate requirements within their LEPssuitable for both complying and merit based assessment.

The residential development would improve housing choice inthe locality by providing a range of dwelling types. This is consistentwith Council’s Housing Strategy which identifies the need to provide amix of housing options to meet future demographic needs in Hornsby Shire. The proposed waste management facilities on each residentiallevel  include a separate cupboard for garbage chute and recycling bin and areof appropriate design for resident access and manoeuvrability of thebins. The submitted Waste Management Plans for the demolitionstage and construction stage of the proposed development are acceptable subjectto recommended conditions. The proposed development would partially overshadow theadjacent dwelling house at No. 9 Citrus Avenue. The dwelling and open spacearea would however, receive three hours of sunlight between 9am and 3pm, 22June in compliance with the HDCP requirement for solar access todwelling houses.
These developments areinformed by consultation programs that provide opportunities for local userinput. Examples of recently completed playgrounds include James Park,Hornsby and the newly completed playground at Asquith Oval. Playgrounds that providedifferent spaces and equipment to enable a range of different experiences inthe one space. The type of play includes creative, sensory, physical,individual and group play.

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 desired outcome of Part9.4.1 Development in the Vicinity of Heritage Items and HeritageConservation Areas is to encourage “new work that is sympatheticto the heritage significance of nearby heritage items, or adjoining heritageconservation area, and their settings”. The desired outcome of Part9.3.1 General Design Provisions in the HDCP is to encourage “developmentthat complements and is sympathetic to the existing character of theconservation area and the elements that are  significant to that character”. Objections have been receivedraising concerns that the development would overshadow the eastern and southernadjacent properties located at No. 8 and No. 10 Kirkham Street, Beecroft. The desiredoutcome of Part 3.1.5(b) Sunlight Access of the HDCP is to encourage “developmentdesigned to provide reasonable sunlight to adjacent properties”. Objections have been raised that the proposed dwelling wouldcause direct overlooking into the adjoining residences at No. 10 and No. 8Kirkham Street.

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A right of way and easement for electricitybenefiting Lot 1 is proposed across the rear of proposed Lots 2, 3 and 4 to theexisting right of carriageway and electricity easement at the rear of theproposed lots. On 25 August 2015, the applicantsubmitted a Voluntary Planning Agreement to offset the loss of nativevegetation on the site required to provide an Asset Protection Zone for theproposed lots. All work must be carried out inaccordance with the approved waste management plan. The proposed stormwater drainage system  includes astormwater detention system and water quality control facility to achieve the HDCPurban stormwater quality targets.
The proposed steel cylindrical silos would be 11.726m highand 3.4m wide and have a 130 tonne capacity. The proposed installation involves the construction ofconcrete footings and silo mounting frame. Heads of Agreement - This attachment should be dealt with in confidential session, under Section 10A (2) (c) of the Local Government Act, 1993. This report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.