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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.
During construction curtains near thornleigh works, theexisting ground levels of open space areas and natural landscape features,including natural rock-outcrops, vegetation, soil and watercourses must not bealtered unless otherwise nominated on the approved plans. The erosion and sediment control devices mustremain in place until the site has been stabilised and revegetated. The proposed development complies with HLEP and isgenerally satisfactory is respect to the design principles of SEPP 65 andthe requirements of the Residential Flat Design Code subject torecommended conditions. The proposal does not comply with the prescriptivemeasures of HDCP for floorplate dimension and rear setbacks. Thenon-compliances are acceptable in respect to the aspects of the site and wouldnot establish a precedent for future RFB development. The proposed ground floor unit open space areas are designedwith regard the Hornsby Development Control Plan 2013 (HDCP) keydevelopment principle of the Peats Ferry Road, Asquith Precinct for five storeyresidential flat buildings in garden settings.

The proposed non-compliance would not create a precedent for similarsubdivision and is acceptable in the circumstances. The NSW Rural Fire Servicegranted its General Terms of Approval for the issue of a ‘Bushfire SafetyAuthority’ under Section 100B of the Rural Fires Act 1997 subjectto recommended conditions under Schedule 1 of this report. The proposed APZ and future dwellings would extend the riversettlement of Calabash Point and change the scenic quality of Calabash Bay. Theimpact on scenic quality would be mitigated subject to appropriate design offuture dwellings. To ensure operation of the proposed pontoons would not requiredeepening of the channel a condition is recommended for the operation to belimited to vessels with a draft of not more than 300mm.
A Plan for Growing Sydney has been prepared by theNSW State Government to guide land use planning decisions for the next 20years. The Plan sets a strategy and actions for accommodatingSydney’s future population growth and identifies dwelling targets toensure supply meets demand. The Plan identifies that the most suitableareas for new housing are in locations close to jobs, public transport,community facilities and services. Our range also includes several exclusive home décor products that are designed to complement your new doors and complete your Sydney North West home renovation. We offer decorative and customisable wall paneling for Castle Hill homes, to add interest to flat walls, as well as hinged or bi-fold plantation shutters that give you more control over light and privacy. We also have a selection of sleek and resilient canopies for UV and basic weather protection at external entrances.

The proposed five storey building includes a mezzanine leveland has a maximum height of 17.5m. The proposed mezzanine levels are containedwithin the floor areas of the respective top floor units. A number of units do not comply with the Code’s bestpractice for ground floor open space minimum area 25m2 and dimensionof 4m. The private open  space areas have been designed in accordance withthe requirements of the HDCP for deep soil areas with the setbacks providingfor communal open space and landscaping. The ground floor open space areascomply with the minimum area requirements of the HDCP.
Future residents of the proposed lots wouldbe required to transfer their household waste to the disposal facility atBerowra Waters. The proposed development would not require any work withinthe open space zoned land or result in any disturbance to the open space landin any future residential development of the proposed lots. The applicant submits that compliance with the densitydevelopment standard would hinder the attainment of the objectives underSection 5(a) of the EP&A Act as the existing dwelling entitlementfor which the land is zoned would never be realised.

In these cases, Councilmay wish to determine whether or not the item should be removed from furtherreporting in the Outstanding Council Resolutions report. Clause 32A of the Code of Meeting Practice deals with theimplementation of Council resolutions and requires that a quarterly report beprepared detailing resolutions which have not been substantially implementedwithin two months of being adopted as well as any impediments to theirfinalisation. The reports are generally submitted for Council’sconsideration at the General Meetings in March, June, September and Decembereach year. Currently there is a part time No Right Turn Restriction inplace at the intersection, of Dural Street and Peats Ferry Roads. The turnrestriction duration needs to be amended to conform to Roads and Maritime Servicescurrent standard practices, which have been updated to manage the longertraffic peaks now experienced across Sydney.
On at least one occasion in every12 month period following the date of the first ‘Fire SafetyCertificate’ issued for the property, the owner must provide Council withan annual ‘Fire Safety Certificate’ to each essential serviceinstalled in the building. A detailed geotechnicalassessment of the site by a chartered structural engineer is to be undertakenfor the design of the excavation, ground vibration, excavation support, designparameters for support systems and anchor design, groundwater and  foundationdesign. The proposed first use of theproposed units would be consistent with the requirements of the Exempt &Complying SEPP to enable future change of use as Complying Development. The proposed signs are satisfactory in respect to SEPP 64and in this regard meet the prescriptive measures of HDCP. The proposed development would meet the HDCP desiredoutcomes for vehicle access and parking. The proposed 16.4m-21.3m rearsetback exceeds the minimum 10m rear setback in providing for the conservationof bushland and the sandstone escarpment area at the rear of the site.
In regard tothe first floor balcony, it is noted that it would only be 880mm wide and wouldbe accessed from a bedroom. Therefore, it is considered that its limited usewould not cause unreasonable privacy impacts. In regard to the outdoor patio,the finished floor level would be approximately 2 metres above the existingground level and would be 1.5 metres from the boundary. A 1.8 metre privacy screenis proposed to limit the direct line of sight into No. 10 Kirkham Street.

An Arborist Impact Assessment(AIA), prepared by McArdle Arboricultural Consultancy was submitted on 24August 2016 as requested by Council. The AIA notes that thedevelopment would necessitate the removal of two non-native Liquid Amber trees(Liquidambar styraciflau) which are located within the proposed buildingenvelope of the dwelling. Council’s tree assessment notes that anothernon-native Prunus avium tree would be significantly impacted by thedevelopment and would be required to be removed. The AIA and Council’stree assessment note that a further ten trees on the subject and adjacent siteswould have the potential to be impacted by the development unless appropriatetree protection measures are undertaken. The application has been assessedagainst the requirements of State Environmental PlanningPolicy (Exempt and Complying Development Codes) 2008 – NSW Housing Code.The Policy provides exempt and complyingdevelopment codes that have State-wide application. The Policy also identifiestypes of development that are of minimal environmental impact that may becarried out without the need for development consent and types of complyingdevelopment (including dwelling houses) that may be carried out in accordancewith a complying development certificate.