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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.
The application proposes demolition of existing structures andconstruction of a five storey residential flat building comprising 36 units anda basement car park. The proposal would have a minimal additional impact on thelocal economy and the local community. The dwelling house would provide asingle residential occupancy which would generate a marginal increase in demandfor local services. The prescriptive measures of Part 3.1.8(a) timber shutter company near thornleigh of the HDCP statethat “dwelling houses should be orientated primarily towards thestreet and the rear boundary”. Furthermore, as noted by theapplicant, the original subdivision did not provide a common turning area forNo.

Consent authorities have flexibility to considerinnovative solutions when assessing development proposals, to assist achievegood planning outcomes. The provisions of a development control plan made for thatpurpose are not statutory requirements. A heritagestatement, completed by Econstruct Consulting, dated July 2016 was included inthe application. The statement notes that the building and landscapingmaterials selected for the dwelling house would be consistent with thesurrounding environment including face brick, window brick seals, sandstone subfloor walls and roof tiles. In addition, it notes that the architectural designof the dwelling would be sympathetic to neighbouring dwellings due to the useof the proposed front verandah, porch, pitched roof and ridge shape. Whilst the proposed SEPP amendments and design guide havecome some way to identifying a standard suite of complying controls, they arenot well suited to middle ring infill areas.
Given that the current owner of No.34Hinemoa Avenue is not interested in negotiating an outcome and is preparing tosell the land, the preferred approach is to negotiate a right of carriagewaywith a future owner consistent with option 1. Council may elect to enter into negotiations with the ownerof No. 17B Redgrave Road to purchase the property at fair market value andresell. Should Council acquire the land, it may potentially be subdividedif the existing dwelling is demolished to provide the required lotconfiguration. The owner of No. 17B Redgrave Road has indicated that theydo not wish to sell the property and this option does not meet theirexpectations of being able to access Arianna Avenue. This wouldinvolve preparing a planning proposal to amend the Land Reservation AcquisitionMap under the Hornsby Local Environmental Plan 2013 to reserve land forroad acquisition across the rear boundary of No. 34 Hinemoa Avenue. The subject site would not provide for further subdivisionunder the current planning controls for a minimum lot size of 40 hectares.

The proposed building is of acceptable design in respect tothe adjoining school site. The flood constraint has been addressed by the proposed overland flowpath, rendering the site suitable for the development. A 750mm diameter stormwater drainage pipe is along the rearboundary of the site and forms part of Council’s stormwater drainagesystem. The proposed built form,façade treatment, materials and finishes are in accordance with theprescriptive measures for the desired future character of the area. The proposal is satisfactory in respect to the ADGobjective for solar and daylight access.
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The proposal incorporates a range of unit sizes to cater for different demographics, living needs and household budgets. The proposal complies with the housing choice requirements of the HDCP by providing a component of adaptable housing and a mix of 1, 2 and 3 bedroom dwellings. A Council stormwater drainage line is located along the rear boundaryof the site.
Council has consulted with the community regardingBiobanking proposals for Waitara Creek Bushland, Galston Park Bushland andArcadia Park Bushland and twelve submissions were received in total. Allsubmission comments have been taken into consideration, issues have beenaddressed and Council has responded to the residents. Should the three Biobanking proposals proceed, it wouldresult in a long-term benefit to Council and the community by enabling Councilto more effectively manage bushland, endangered ecological communities andthreatened species on its land via a Biobanking agreement. Council’s considerationof this Report ensures the requirements of Council’s Procedures for theAdministration of the Code of Conduct are met. As specific details of the Codeof Conduct complaints are not reportable, the only action required is forCouncil to receive and note this Report.
The applicant submitted a flora and fauna assessmentprepared by Ecotone Ecological Consultants dated 10 September 2013. Clause 20 of HSLEPrequires development consent for all development below mean high water mark. The proposed development has been assessed having regard tothe provisions of the Hornsby Shire Local Environmental Plan 1994 (HSLEP) asfollows. Giving clause 55 EPARegulation “the widest interpretation which its language permits”we conclude that the decision to agree to the amendment of the DA to the 4 lotproposal was a decision which was open to the Council to make. A copy of the legal advice from Peter Tomasetti SC forms anattachment to this report.

The applicant’s submission concerning the minimum 40hectare lot size required for the river settlement zone is considered wellfounded as discussed in Section 2.10 of this report. A range of alternative private and public facilities areavailable at Berowra Waters which would meet requirements of future residents,including the 78 berth West Marina and secure parking at the West Car Park offBay Road. The bushland area of the site subject to the proposeddevelopment comprises Rough-barked Apple – Forest Oak vegetationcommunity. The proposed development would result in the removal ofexisting trees and vegetation comprising Rough-barked Apple – Forest Oakvegetation community and involving a net loss of 0.24 hectares. A condition is recommended for the APZ area to be subject toa ‘Restricted Development Area’ on title to ensure the vegetationcommunity remains viable and is protected. The submitted Flora and Fauna Assessment includes anassessment of potential koala habitat under the Policy criteria.