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Aneighbourhood centre opposite the site on the corner of Sefton Road and LaroolCrescent includes a restaurant and takeaway. Hornsby Council is currently preparing a medium densityhousing strategy that seeks to introduce the same medium density developmenttypes proposed by the SEPP Code. Should the draft Plans proceed, Councilwould need to align its medium density housing controls to ensure consistencywith the Codes SEPP, similar to the approach already applied for dwellinghouses and apartments. Local councils would be required to amend their LEPs to giveeffect to the District Plans and Regional Plan for Sydney.
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The proposed on-site waste water treatment system and impacton the waterway was raised as a concern. Protection of the natural area between existing lots 3 and 4was raised as a concern. The proposal would have a minor positive impact on the localeconomy in generating an increase in demand for local services.
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The development otherwise generally meets the desiredoutcomes of Council’s planning controls and is satisfactory having regardto the matters for consideration under Section 79C of the EnvironmentalPlanning and Assessment Act 1979. The proposal does not involveaddition to the 13 agitator trucks currently on site or addition to the numberof staff. The proposal would increase the volume storage capacity of theconcrete batching plant.

The application has been supported byan Arboricultural Impact Assessment Report prepared by Urban Arbor, dated 11August 2016. The proposed development would not result in overshadowingof public open space areas or residential property. A condition is recommended for the provision of a 10m2open space area with seating for employees in the north-west corner of the sitedesigned for summer shade and winter sun. The proposal is compliantwith the maximum of three storeys applicable to the site in accordance with theHDCP.
The proposed removal of the vegetation is acceptable subjectto a condition that the applicant enter into a VPA to offset the loss. The proposal is subject to a Voluntary Planning Agreement(VPA) pursuant to Section 93F of the Environmental Planning and AssessmentAct 1979. The VPA is to offset the loss of vegetation by a monetarycontribution towards the Council managed bush regeneration sites along theHawkesbury River (Bushland Restoration Offset Program – Create, Restoreand Enhance). The proposed water recreation structures are satisfactory inrespect to the HDCP prescriptive measures. The foreshore of proposed lot 2 and lot 3 includes theremains of an Aboriginal midden.

The proposed five storeyresidential flat development is of appropriate design in respect to the aspectsof the site within the Peats Ferry Road, Asquith Precinct. Subject to the implementation of sediment and erosioncontrol measures, stormwater detention and management to protect water quality,the proposal would comply with the requirements of the Policy. The proposal is satisfactory in meeting the ADGobjective for private open space and balconies subject to recommendedconditions. The proposed balcony for ground floor Unit No 3 has aminimum depth of 1.9m in non-compliance with the ADG criteria for aminimum depth of 2m.
Personswishing to address Council on non agenda matters, are permitted to speakafter all items on the agenda in respect of which there is a speaker from thepublic have been finalised by Council. Their names will be recorded inthe Minutes under the heading "Public Forum for Non Agenda Items". If thenon-pecuniary interest is less than significant, the Councillor must provide anexplanation of why they consider that the interest does not require furtheraction in the circumstances.

Council will consult with thecommunity soon, with the inclusive playground programmed to be constructed latein 2017. Council’s Active Living Hornsby Strategy (2015)identified the value and benefits of ‘Destination Parks’ as placesthat can attract local residents as well as visitors from a largercatchment. These sites provide opportunities for larger scale playgroundsto be complemented with other facilities including accessible amenities, picnicfacilities and circuit paths. An opportunity for communityinvolvement is provided in the design of the playgrounds, artwork and otherelements. Engaging with the local community through a meaningfulconsultation process engenders a sense of care, ownership and connection withthe site.
The unit layouts are satisfactory in meeting the ADGdesign criteria for separation of high activity areas from bedrooms and toprovide internal privacy. The architectural treatment of the building incorporates indentations and projections in the exterior walls with balcony projections to articulate the facades. The roof is flat to minimise building height and incorporates eaves which would cast shadows across the top storey wall. The articulation of the building, composition of building elements, textures and colours would achieve a built form generally consistent with the design principles contained within the Apartment Design Guide and the HDCP.

A certificate from a qualifiedcivil engineer/registered surveyor must be obtained prior to the issue of anoccupation certificate verifying that the on-site detention system has been constructedand will function hydraulically in accordance with the approved designplans. The project arborist must monitorand record any necessary remedial actions for maintaining tree health andcondition required for trees numbered 17, 17a, 18, 19, 25, 26, 27, 28, 46, 47,48, 49 and 51-57. The application isrecommended for approval as a deferred commencement subject to the provision ofa stormwater drainage easement. The proposed developmentwould retain an area of locally significant bushland at the rear of the site. The proposed development was placed on public exhibition andwas notified to adjoining and nearby landowners between 16 May 2016 and 30 May2016 in accordance with the Notification and Exhibition requirements of theHDCP.
The proposal generallycomplies with the requirements of the HDCP for industrial developmentincluding scale, setbacks, landscaping, open space, sunlight and vehicle accessand parking. The proposed developmentwould exceed the HLEP development standard for a maximum building heightof 14.5m. The applicant’s justification for non-compliance with thestandard is well founded in respect to Clause 4.6 of HLEP. The development constraints are adequately addressed by theproposal subject to recommended conditions.
Whilst this results in additionalbuilding height to the rear, the retention of the bushland with many largemature trees within the rear landscaped setback area will provide an effectivevisual screen to the lower level of the proposed building. The assessment includes recommended specifications forglazing to mitigate noise impacts from the School operation and Peats FerryRoad noise, to achieve the required residential acoustic environment. Deep soil areas are provided around the building envelope which would enhance the development's natural environmental performance and provide an appropriate landscaped setting subject to recommended conditions. The site is located within a precinct planned for five storey residential flat buildings in close proximity to Asquith Railway Station and the Asquith commercial centre. The proposed excavation works for the basement carpark involvedepths 6m below ground level. A condition is recommended for a detailedgeotechnical assessment of the site by a chartered structural engineer, to beundertaken for the design of the basement excavation and support, groundwaterdrainage, basement and foundation design.