Play equipment may be provided at different heightsand include slides and swings. ‘Nest’ type swings thataccommodate multiple children and at grade carousels are beneficial. It is recommended that a submission be made to the DP&Esupporting the intent of promoting medium density housing but raising concernwith the proposed delivery via the Codes SEPP and MDDG. The approval pathway for the proposed types of complying developmentwould require compliance with the Codes SEPP, MDDG and preparation of a designverification statement. This complex approval pathway demonstrates thatthe proposed development types are not low impact and would be better suited tothe merit assessment pathway. The proposed SI SEPP amendments would clarify and expand therange of medium density dwelling types in the Standard Instrument LEP.
Subject to recommended conditions the proposal would meetthe HDCP desired outcome for open space. Clause 6.2 of the HLEP states that consent isrequired for proposed earthworks on site. Before granting consent forearthworks, Council is required to assess the impacts of the works on adjoiningproperties, drainage patterns and soil stability of the locality. The proposed development exceeds the maximum building heightdevelopment standard by 27.5%. Clause 4.3 of the HLEPprovides that the height of a building on any land should not exceed themaximum height security screen installer near thornleigh shown for the land on the Height of Buildings Map.
The assessment determined the site of the proposed lots andfuture dwellings has limitations for on-site disposal of effluent. An advancedsecondary treatment system for each dwelling would be necessary to achieve therequired pathogen reduction for the application of treated waste water on-site.The on-site dispersal area would need to include design for runoff interceptionand diversion around the dispersal area. The dispersal area would involvetrenches or retaining walls to provide soil depth of 1200mm minimum. Theproposed lots are of sufficient size to accommodate the dispersal area requiredfor the likely volume of waste water generated by future dwellings. The wastewater treatment system design would be subject to further assessment for futuredwellings.
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.
Therecommended conditions of the NSW Rural Fire Service applicable for thesubdivision and future dwellings on the proposed lots are addressed in Schedule1 of this report. Although threatened specieshave the potential to utilise the habitat within the subject site, and locallysignificant vegetation is present, the clearing of the vegetation/habitatwithin the subject site is unlikely to significantly impact on any of theirlong term survival in the locality. This is due to the habitat of the sitebeing small in size, exposed to a high level of edge effects and that largerpatches of more suitable habitat will be retained in the locality within thenearby Kuring-gai Chase and Berowra Valley National Parks. Furthermore, if themitigation measures recommended in Chapter 5 are implemented, connectivity tooff-site habitat, including Berowra Valley National Park, will remain intactdue to the retention and management of a vegetation strip at the southern edgeof the subject site. Therefore a Species Impact Statement or further ecologicalassessments are not required. The proposed car park andvehicle manoeuvring area at the frontage of the top floor Level 3 is over asection of Level 2 of the building which is above existing ground level withinthe front setback.
The topography is essentially the same as the existing riversettlement lots at Calabash Point. The proposed lots would provide for futuredwelling houses subject to geotechnical design to address the steeply slopingtopography. The objective of the density standard under Clause 14 of theHSLEP applies to all land use zones subject to a minimum lot sizedevelopment standard. The objective however in respect to the EnvironmentalProtection E (River Settlement) Zone is atypical as the objectives for thiszone provide for low density housing development of the existing riversettlement lots which are substantially less than 40 hectares in size.
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.
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The access forthe proposed subdivision is water access and would not involve the ‘FireTrail’ or impact on the heritage significance of the item. The proposedindicative building envelopes are more than 150m west of the ‘FretusHotel ruins’ and would not be visible in relation to the item and wouldnot impact on the significance of the ruins. The proposed subdivisionwould provide for the future use of land for dwelling houses within theEnvironmental Protection E (River Settlement) Zone, which is a permissible useof the land with development consent. The consultant ecologist’s recommended mitigationmeasures are incorporated into Council’s recommended conditions inrespect to the Silvertop Ash – Scribbly Gum Woodland vegetationcommunity. Subject to recommended conditions the proposal would meetthe HDCP desired outcomes for waste management.
The amendments propose to allow for the concurrent Torrens titlesubdivision and dwelling house consent where the proposal does not include thecreation of any street, road or lane. The proposal is satisfactory in respect to the protection ofAboriginal sites and relics and would meet the prescriptive measures of HDCPsubject to the recommended conditions for integrated development approval ofthe NSW Office of Environment and Heritage. Part 2 of this Plan contains general planning considerationsand strategies requiring Council to consider the impacts of development onenvironmentally sensitive areas, water quality, cultural heritage, flora andfauna and riverine scenic quality.
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