Agenda of Local Planning Panel meeting - Wednesday, 28 ...

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

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LPP Report No. LPP16/21


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


ITEM

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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.



ITEM

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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



ITEM

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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.



ITEM

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• 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:



ITEM

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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.



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.


(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.



ITEM

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(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



ITEM

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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



ITEM

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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.



ITEM

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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.



ITEM

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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



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(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).



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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



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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


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.



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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


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.



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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.



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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



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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.



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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



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(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



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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.



ITEM

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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.


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.



2.2.4.6 Clause 38 - Accessibility



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.



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.



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



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.



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.



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.



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



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.



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.



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



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



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



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


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

LPP_28072021_AGN_files/LPP_28072021_AGN_Attachment_14612_1.PDF







ITEM

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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



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.



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.

http://www.hornsby.nsw.gov.au/



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

http://www.sydneywater.com.au/



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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.

http://www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-conditions




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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


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.



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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:

https://www.hornsby.nsw.gov.au/property/build/applicationforms



ITEM

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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



ITEM

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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.



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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

http://www.planning.nsw.gov.au/



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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.


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.



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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



ITEM

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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



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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.


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



ITEM

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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,



ITEM

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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.



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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;





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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;



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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


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



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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.



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.



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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




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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.



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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.



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• 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.



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• 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.

http://www.dialbeforeyoudig.com.au/

http://www.environment.nsw.gov.au/

http://www.adfa.org.au/

http://www.workcover.nsw.gov.au/

http://www.foodnotify.nsw.gov.a/



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Note: Council’s Environmental Health Officer can be contacted on 02 9847 6014.


ITEM

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LPP Report No. LPP18/21


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.



ITEM

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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.



ITEM

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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,



ITEM

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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.



ITEM

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• 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



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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



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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


(1) An existing use may, subject to this Division:

(a) be enlarged, expanded or intensified, or



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(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.


(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.

http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/

http://www.austlii.edu.au/au/legis/nsw/consol_reg/epaar2000480/s41.html#commercial_use



http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/



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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.



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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?


Can the intensity of the illumination

be adjusted, if necessary?

Is the illumination subject to a

curfew?


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



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.



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



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.



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



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;



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.



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.



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.



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.



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



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.



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.



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



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.



ITEM

2

CASSANDRA WILLIAMS

Major Development Manager - Development

Assessments


ROD PICKLES

Manager - Development Assessments


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













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




ITEM

2

DA201 H Elevations and Section NKT Architecture 11.06.2021

DA202 B Acoustic Wall

Elevations


- C Finishes and Materials

Board


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



Plan Sheet 2



Details Sheet 3


Supporting Documents

Document Title Prepared by Dated Council

Reference

Perspective (Reference: Drawing Nos.

211, 212 and 213 Issue D and C)


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:



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



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


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


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



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




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


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:

http://www.sydneywater.com.au/

https://www.hornsby.nsw.gov.au/property/build/applicationforms



ITEM

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(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.



ITEM

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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.



ITEM

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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.



ITEM

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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



ITEM

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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.



ITEM

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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.



ITEM

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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.


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:



ITEM

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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



ITEM

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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.



ITEM

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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.



ITEM

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(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



ITEM

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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


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




ITEM

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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:

http://www.hornsby.nsw.gov.au/environment/flora-and-fauna/tree-management/indigenous-trees

http://www.hornsby.nsw.gov.au/environment/flora-and-fauna/tree-management/indigenous-trees



ITEM

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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.



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.



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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.



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



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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:



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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


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.



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• 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.

http://www.dialbeforeyoudig.com.au/



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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.

http://www.environment.nsw.gov.au/

http://www.adfa.org.au/

http://www.workcover.nsw.gov.au/

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