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The proposed development is for the construction of anindustrial building comprising 17 units, signage, strata subdivision and firstuse. Subject to recommendedconditions the proposed impacts on the natural environment are acceptable. Appropriate conditions are recommended for waste collectionand management by licenced contractors, for trade waste and maintenance ofwastewater devices. The HDCP prescribes a maximum 5m2 for wallsigns other than signs that are consistent with the character of the localityin accordance with SEPP 64. In this regard the proposed 20m2wall sign is proportional to the scale of the building and front setback inbeing legible in the street. The proposed car parking provision would provide for thefirst use of the units as proposed by the applicant.
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As a consequence, the dwelling would not have a significant impact upon thestreetscape character of the area as the dwelling-house would be situated  on abattle axe allotment and setback approximately 55 metres from Kirkham Street. Written justification as towhy the development would exceed these controls has been provided by theapplicant. The justification notes that while the development does not complywith the maximum floor area requirement it does comply with the maximum heightand site coverage.
Fencing must be erected along thesouth-eastern boundary to a height of 1.8 metres. Where residential building workfor which the Home Building Act 1989 requires there to be a contract ofinsurance in force in accordance with Part 6 of that Act, this contract ofinsurance must be in force before any building work authorised to be carriedout by the consent commences. A ‘DilapidationReport’ is to be prepared by a ‘chartered structuralengineer’ detailing the structural condition of No. 6, No. 8 and No. 10 KirkhamStreet. The map below  illustrates the location of those nearbylandowners who made a submission that are in close proximity to the developmentsite. The proposal meets thedesired outcomes of Part 9.3 and 9.4 in the HDCP and is consideredacceptable.
The turn restriction duration needs to be amended to conform to Roads and Maritime Services current standard practices, which have been updated to manage the longer traffic peaks now experienced across Sydney. This reportpresents options to address the issue of obtaining vehicular access fromArianna Avenue to No. 17B Redgrave Road, Normanhurst. In November 1995, Council again considered the matter andconcluded that the issues identified by Council officers, along with residentfeedback, justified the abandonment of an extension of Arianna Avenue. Accordingly, Council resolved to exclude the southern extension of AriannaAvenue from the Plan and that residents be invited to discuss the preparationof alternate plans. In September 1986, Council considered a report recommendingthe Plan be abandoned based on the above constraints. Any amendments or modifications tothe proposed controlled activities may render these GTA invalid.

The application proposes demolition of existing structures andconstruction of a five storey residential flat building comprising 36 units anda basement car park. The proposal would have a minimal additional impact on thelocal economy and the local community. The dwelling house would provide asingle residential occupancy which would generate a marginal increase in demandfor local services. The prescriptive measures of Part 3.1.8(a) of the HDCP statethat “dwelling houses should be orientated primarily towards thestreet and the rear boundary”. Furthermore, as noted by theapplicant, the original subdivision did not provide a common turning area forNo.
Community consultation regarding the proposals occurred fora period of 28 days in accordance with Section 47 of the Local Government Act,as creating a Biobank site is considered to be granting an estate under thatAct. Consultation was undertaken with the community, SydneyWater, Transgrid, and the Office of Environment and Heritage as part of thepreparation of this Report. Council should consider the comments provided in theattachment in respect of each of the outstanding resolutions and, if necessary,determine if any further action is required. Any budgetary implications are included in the relevantreport or in the “Latest Status” column of the attachedspreadsheet. In preparing Outstanding Council Resolutions reports,Divisional Managers give special consideration to any long outstandingresolutions and, where such resolutions exist, provide comments about whetherfurther action may be unlikely or impractical.

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Given the above siteoperation systems, the proposal is satisfactory in respect to air quality. The surface water runoff is treated on-site in settlementtanks and flush captured before discharge to the Council stormwater system.Captured water is reused in the plant together with retained solids. In respect to Clause 36(c) the silo operation is sealed andincludes dust level monitoring to prevent emissions. The proposed development would be consistent with ‘APlan for Growing Sydney’ and ‘Draft North District Plan’by providing essential construction materials for the building and constructionindustry. The site was originally approved as a concrete batchingplant in 1958 and operated by Ready Mix Concrete. Negotiations with Norwood Community Preschool andCherrybrook Community Kindergarten are yet to be finalised.
The NSW Office of Watergranted its General Terms of Approval for a ‘controlled activity’permit, which form recommended conditions of development consent under Schedule1 of this report. The two proposed pontoons are each designed to be sharedbetween two dwelling houses and to allow sufficient  area for manoeuvring andmooring of residents’ boats. The matter of dwelling entitlement relates to a dwellinghouse being permissible on an allotment within the Environment Protection E(River Settlement) Zone with development consent. As the proposed subdivisiondoes not change the number of allotments the ‘dwelling entitlement’remains the same, i.e. subject to development consent.

The role of the Codes SEPP was originally envisaged toenable minor, low impact development as complying development, where approvalby an accredited certifier would not require merit assessment. Unlike SEPP 65and the Apartment Design Guide, the proposal to introduce medium densityhousing and the supporting design guide, would override local planning controlsand provide no provision for the preservation of localcharacter. The waste management requirements for the proposal would beaddressed in development applications for future dwelling houses on theproposed lots.
The applicant submitted a Voluntary Planning Agreement (VPA)to offset the nett loss of vegetation. The offset is for financial contributionto Council’s bushland regeneration sites along the Hawkesbury River(Bushland Restoration Offset Program – Create, Restore and Enhance) forRough-barked Apple – Forrest Oak vegetation community. The proposed development has been assessed having regard tothe relevant desired outcomes and prescriptive requirements within the HornsbyDevelopment Control Plan 2013 (HDCP). The following discussionaddresses the proposal’s compliance with the relevant prescriptiverequirements of the Plan. The proposed subdivision would require vegetation reductioninvolving an area of approximately 1.02 hectares for bushfire protection of theindicative building envelopes.
The applicant has submitted justification for thenon-compliance in accordance with Clause 4.6 of the HLEP as discussed inSection 2.3.3. The proposed development isdefined as a ‘general industry’ and ‘industrialactivity’ and is permissible in the zone with Council’sconsent. The proposed development has been assessed having regard tothe provisions of the Hornsby Local Environmental Plan 2013 (HLEP).