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On 18 December 2015, the NSW RuralFire Service requested Council undertake independent assessment of thenavigability of the channel along Calabash Bay to the proposed lots at ISLW tovalidate suitability of water access for firefighting operations. On 5 November 2015, the applicantsubmitted elevation plans of the proposed jetties and pontoons at ISLW andrequested deferred commencement consent conditions based on Council’sadditional information request of 5 November 2015. Rectification works must be undertaken prior to the issue of anOccupation Certificate, or sooner, as directed by Council. The appointed project arboristmust monitor and record all changes or modifications to required treeprotection measures for the period of construction.
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As detailed in the above table,the proposed development complies with the prescriptive measures within the ADGother than minimum dwelling size, privacy separation, and minimum balconydepth. Below is a brief discussion regarding the relevant development controlsand best practice guidelines. The design orientates the balconies and windows of individual apartments towards the street, rear and side boundaries, providing passive surveillance of the public domain and communal open space areas. Both the pedestrian and vehicular entry points are secured and visibly prominent from the street. The proposed earthworks are satisfactory in respect toClause 6.2 of the HLEP subject to recommended conditions. The NSW Government will use the subregional planning processto define objectives and set goals for job creation, housing supply and choicein each subregion.
A Plan for Growing Sydney has been prepared by theNSW State Government to guide land use planning decisions for the next 20years. The Plan sets a strategy and actions for accommodatingSydney’s future population growth and identifies dwelling targets toensure supply meets demand. The Plan identifies that the most suitableareas for new housing are in locations close to jobs, public transport,community facilities and services. Our range also includes several exclusive home décor products that are designed to complement your new doors and complete your Sydney North West home renovation. We offer decorative and customisable wall paneling for Castle Hill homes, to add interest to flat walls, as well as hinged or bi-fold plantation shutters that give you more control over light and privacy. We also have a selection of sleek and resilient canopies for UV and basic weather protection at external entrances.
The proposed building is of acceptable design in respect tothe adjoining school site. The flood constraint has been addressed by the proposed overland flowpath, rendering the site suitable for the development. A 750mm diameter stormwater drainage pipe is along the rearboundary of the site and forms part of Council’s stormwater drainagesystem. The proposed built form,façade treatment, materials and finishes are in accordance with theprescriptive measures for the desired future character of the area. The proposal is satisfactory in respect to the ADGobjective for solar and daylight access.

Clause 20A of HSLEPrequires development consent for works as specified for the class of land shownon the Acid Sulphate Soils map. For Class 5 land, Clause 20A requires consent for works whichare likely to lower the water table. NSW Fisheries raised noobjection to the proposed jetties and pontoons in respect to impacts on themarine environment. Roads and Maritime Services raised no objection to theproposal in respect to navigation of local waterways.
For example, section 96 of the Environmental Planning and AssessmentAct 1979 includes a power to modify a development consent once granted. The river settlement of Berowra Waters is approximately 1.6km upstream from the site with berthing facilities and road connection toBerowra Heights shopping centre and to Berowra Railway Station located 5.3kmsouth east of the site. The site includes Aboriginal relics including a midden onthe Calabash Bay foreshore of the site. A fire trail through the site links the Fretus Hotel ruinswith McCallums Road, Berrilee (off Bay Road) and generally follows a roadreservation that extends from McCallums Road through to the central part of thesite. In February 2014, the fire trail was upgraded by Ausgrid for vehicleaccess for power line maintenance. On 17 May 2016, the NSW RuralFire Service requested additional information to demonstrate compliance withPlanning for Bush Fire Protection 2006 performance criteria, having regard toMHL recommendation for deepening the channel for navigable access.

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.
These developments areinformed by consultation programs that provide opportunities for local userinput. Examples of recently completed playgrounds include James Park,Hornsby and the newly completed playground at Asquith Oval. Playgrounds that providedifferent spaces and equipment to enable a range of different experiences inthe one space. The type of play includes creative, sensory, physical,individual and group play.

The proposedbuilding has a maximum height of 18.5m and does not comply with this provision.Refer to discussion in Section 2.1.4. The proposed part two and three storey building is designedwith regard to the sloping site. A driveway along the eastern boundary providesramp access to Level 1 - Units and to Level 2 – Units 2-10 forservicing by small rigid vehicle (SRV). A second central driveway providesaccess to Level 3 which contains Unit 1 for servicing by a heavy rigid vehicle(HRV).
The future residential character of the street is thereforedefined by medium and high density housing and the desired future characterprovisions of the HDCP. The remainder of the properties in the street were rezonedfrom low density residential to medium density residential under HornsbyShire Local Environmental Plan (Amendment No. 101) gazetted 17 December2010. The subject land and adjoining lands fronting Peats Ferry Rd(Pacific Highway) were included in Council’s Housing Strategy and rezonedfrom low density to high density housing under Hornsby Shire LocalEnvironmental Plan (Amendment No. 99) gazetted on 2 September 2011.

The proposal includes a Crime Risk Assessment of the development against crime prevention controls. The Crime Risk Assessment has regard to Crime Prevention Through Environmental Design Principles (CPTED). Appropriate conditions of consent are recommended to ensure there is a positive relationship between public and private spaces achieved through clearly defined secure access points and well-lit and visible areas which are easily maintained. The proposal includes a landscape concept plan which provides landscaping along the street frontages, side and rear boundaries. Street trees are recommended along the Citrus Avenue frontage which would soften the appearance of the development when viewed from the Citrus Avenue. In addressing this concern, astormwater concept plan was requested by Council and submitted on 11 November2016.
The proposed five storey building includes a mezzanine leveland has a maximum height of 17.5m. The proposed mezzanine levels are containedwithin the floor areas of the respective top floor units. A number of units do not comply with the Code’s bestpractice for ground floor open space minimum area 25m2 and dimensionof 4m. The private open space areas have been designed in accordance withthe requirements of the HDCP for deep soil areas with the setbacks providingfor communal open space and landscaping. The ground floor open space areascomply with the minimum area requirements of the HDCP.
As a consequence, the developmentwould have negligible impacts on the heritage significance of either theadjacent item or the conservation area and is considered acceptable in regardto Clause 5.10 of the HLEP. The application is considered to have satisfactorilyaddressed Council’s criteria and would provide a development outcomethat, on balance, would result in a positive impact for the community. Accordingly, it is considered that the approval of the proposed developmentwould be in the public interest. The proposed addition of two silos to the existing concretebatching plant involves the existing paved surface area and would not impact onany trees or vegetation. Strict compliance with the height development standard isunreasonable as the height of the silos cannot be reduced due to designrequirements for storage capacity and truck clearance.