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Playground renewals are more widely distributed and respond to a need tosubstantially upgrade aging equipment. In all instances these projects providean opportunity for inclusive play to be incorporated. All excavated material removedfrom the site must be classified in accordance with the Department ofEnvironment, Climate Change and Water NSW Waste Classification Guidelines priorto disposal to an approved waste management facility and reported to theprincipal certifying authority.
As detailed in Part4.3.4 of the Draft North District Plan, councils are in the best position toinvestigate opportunities for medium density development through local housingstrategies developed in consultation with their community. Any medium density complying development application wouldbe required to include a Design Verification Statement to confirm thedevelopment is security screen installer near thornleigh consistent with the principles of the MDDG. The Codes SEPP amendments for medium density housing wouldonly apply in areas where those dwelling types are permitted in the R1, R2, R3or, RU5 zones by an LEP. The proposed complying dwelling types would belimited to 2 storeys and be of a similar scale to a dwelling house carried outunder the General Housing Code.

This clause provides flexibility in theapplication of the development standards in circumstances where strictcompliance with those standards would, in any particular case, be unreasonableor unnecessary or tend to hinder the attainment of the objectives of the zone. A certificate must be submittedfrom the project arborist to certify that the tree protection measures requiredin accordance with this consent have been complied with and documenting themethods and actions undertaken to ensure compliance. The unit balconies at the eastern elevation are recessedwith mainly masonry balustrades and screened by existing trees along the schoolboundary.
No objections are raised to the proposal in regard to treepreservation subject to conditions requiring the replacement planting of threetrees to compensate for the tree removal. Further, conditions arerecommended requiring a project arborist to be appointed to monitor theimplementation of appropriate tree sensitive construction techniques to retainthe 10 neighbouring trees. An objection raises concerns regardingthe amount of excavation required for the development. The extent of theexcavation is to allow for a basement level garage, turning area and binstorage. Toaddress concerns regarding the impact of the stability of adjoining properties,a condition is recommended for a dilapidation report to be prepared. In addressing the impact of the number of storeysnon-compliance, by definition Council must define the basement as a floor wherethe floor level of the storey immediately above is more than 1 metre above theexisting ground level.

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The following information isprovided for your assistance to ensure compliance with the EnvironmentalPlanning and Assessment Act 1979 Environmental Planning and AssessmentRegulation 2000, other relevant legislation and Council’s policies andspecifications. This information does not form part of the conditions ofdevelopment consent pursuant to Section 80A of the Act. The stormwater drainage systemfor the development must be designed for an average recurrence interval (ARI)of 20 years and be connected to the existing inter-allotment drainage system. A desired outcome of Part1C.1.2 Stormwater Management in the HDCP is to encourage “watermanagement systems that minimise the effects of flooding and maintains naturalenvironmental flows”. The exact location, design and costing for the side boundaryfence would be the subject of negotiation and agreement between the relevantproperty owners in accordance with the relevant requirements of the DividingFences Act, 1991. Objections have been raised relating to the proposedbasement carparking and modification to the existing right of carriagewaybenefiting No. 8 Kirkham Street.

The proposed onsite stormwater detention tank is concealedbeneath the basement and would not impact on the deep soil area. The proposal is therefore satisfactory in meeting the HDCPdesired outcome for building form and separation. The proposed developmentwould not result in an isolated site and would meet the HDCP siterequirements. The southern and easternboundaries of the site adjoin land zoned R2 Low Density Residential within thesite of Asquith Boys High School which is outside the Peats Ferry Road, AsquithPrecinct.
Accordingly the application is subject to the provisions ofHornsby Shire Local Environmental Plan 1994, the planning instrument applyingto the site and in force prior to the commencement of HLEP. In my opinion, there is nolegal impediment on the Council forming the view that it has the power to amendthe development application. In a submission received in response to the amended plans,concerns were raised by a solicitor that the amended application was completelydifferent to the original proposal and therefore, required a new application.
Subject to recommended conditions the proposed developmentwould meet the HDCP desired outcome for landscaping. Subject to the implementation of sediment and erosioncontrol measures and stormwater management to protect water quality, theproposal would comply with the requirements of the Policy. The application proposes the construction of a part two andpart three storey industrial building containing 17 units, strata subdivision,signage and first use of the units. A certificate must be submittedto the PCA by a practicing landscape architect, horticulturalist or person withsimilar qualifications and experience certifying that all required landscapingworks have been satisfactorily completed in accordance with the approvedlandscape plans. The application is recommended for approval subject toconditions in Schedule 1 of this report. The proposed rear setbacks are acceptable with regard to theopen aspect of the adjoining school site and the existing screen planting alongthe boundary, as discussed in Section 2.9.6.

The site depth would not readilyaccommodate a five storey RFB in accordance with the HDCP designprescriptive measures and comply with the front and rear setback criteria. As detailed in the above table, the proposed developmentdoes not comply with a number of prescriptive requirements within the HDCP. The matters of non-compliance are detailed below, as well as a brief discussionon compliance with relevant desired outcomes. The wrap-around balcony setbacks for ground floor units Nos.2 and 3 is acceptable given the units would be screened by boundary fencing. The ADG design criteria is for a balcony setback of6m from side boundaries for ground floor to fourth floor units and a 9m setbackfor fifth floor units and above.