The proposal is for the subdivision of four existing lotsinto four lots having frontage to Calabash Bay and construction of two jettieswith pontoons. The proposed subdivision would alter the boundaries and areas ofthe four existing lots to form three waterfront lots and a large residue lotwith water frontage. The site supports a range of vegetation communitiesincluding ‘Rough-barked Apple - Forest Oak’ along the lower slopesand foreshore, and ‘Scribbly Gum – Bloodwood Ridgetop WoodlandHeath’ on the ridges and slopes. Other vegetation types include‘Banksia – Tea Tree – Casuarina Rock Platform Heath’,‘Smooth-barked Apple – Grey Gum Slopes and Gully Forest’ and‘Grey Myrtle Rainforest’ along creek lines.
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The proposed capacity is considered adequate forwater supply in the subject location with an average annual rainfall of 1100mmper annum. An additional static supply is recommended by the NSW Rural FireService of 10,000 litres for lots 2 to 4 and 22,000 litres for lot 1, for firefightingpurposes. The proposed two jetties andpontoons are permissible with development consent pursuant to Clause 20 of HSLEP.The proposed jetties are located within the W1 Natural Waterways zone under HornsbyLocal Environmental Plan 2013 and would be permissible with developmentconsent. The proposed development would be consistent with ‘APlan for Growing Sydney’ and ‘Draft North District Plan’by providing allotments capable of supporting future dwelling houses. The proposed lots are subject to a proposed Asset ProtectionZone for bushfire protection.
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.
A channel along the edge of the sandbankat the foreshore frontage of the site has a water depth up to 1.0m at low tide. The surrounding bushland and steep sandstone ridges extendto Marramarra National Park and the Muogamara Nature Reserve which are bisectedby the Berowra Creek estuary. The bushland site has an area of 43.38 hectares andcomprises steep sandstone ridge formations on the western side of the BerowraCreek estuary. On 26 September 2016, theapplicant submitted legal advice prepared by Peter Tomasetti SC. On 17 November 2015, Councilreferred additional information concerning navigable access at ISLW to NSWRural Fire Service and requested clarification of the approval for a Bush FireSafety Authority. On 10 February 2015, the NSWRural Fire Service requested additional information for an engineeringsolution to demonstrate the safety of water access for firefighting personnelalong the channel to the proposed pontoons.
Within this context, the introduction of code assessable terracesand manor homes within the R3 zone is unlikely to increase take-up when moreprofitable development options exist. Furthermore, accredited certifiers generally havebackgrounds in building surveying and would likely have limited experience inthe assessment of the proposed dwelling types. Medium density developmenttypically involves a merit assessment of compliance with local controls,amenity, privacy, design quality, servicing and traffic impact that involve theinput of a broad range of professionals. A complying pathway would onlyrequire a single accredited certifier to assess these complex issues. The site of the proposed lots for future dwelling houses isa very steep sandstone slope with an average fall of approximately 60% to 80%.The sandstone topography includes rock outcrops and benches.
Council has consulted with the community regardingBiobanking proposals for Waitara Creek Bushland, Galston Park Bushland andArcadia Park Bushland and twelve submissions were received in total. Allsubmission comments have been taken into consideration, issues have beenaddressed and Council has responded to the residents. Should the three Biobanking proposals proceed, it wouldresult in a long-term benefit to Council and the community by enabling Councilto more effectively manage bushland, endangered ecological communities andthreatened species on its land via a Biobanking agreement. Council’s considerationof this Report ensures the requirements of Council’s Procedures for theAdministration of the Code of Conduct are met. As specific details of the Codeof Conduct complaints are not reportable, the only action required is forCouncil to receive and note this Report.
The site is adjacent to the river settlement of CalabashPoint which is a water access only river settlement of approximately 60waterfront dwellings. On 24 June 2015, the NSW RuralFire Service advised assessment of suitability of water access for firefightingand evacuation was based on a minimum depth of 700mm at Median Low Water Springtide (MLWS). On 9 April 2014, at a meetingwith Council officers, the applicant was advised the application forsubdivision could not be supported following NSW Rural Fire Service advice ofconcerns regarding access for firefighting. The stormwater drainage systemfor the development must be designed in accordance with Council’s CivilWorks – Design and Construction Specification 2005 and connected to theexisting Council piped drainage system.
Clause 17 of HSLEPprovides for the acquisition of land for community purposes and applies to theOpen Space B (Public Recreation – District) Zone area of the site, otherthan the Open Space B zoned area within the road reservation off McCallumsRoad. The proposed subdivision would not alter the status of the acquisitionprovisions applying to the land which remain current in accordance with theacquisition provisions under Clause 5.1 of Hornsby Local Environmental Plan2013. Theproposed subdivision is subject to an objection to the HSLEP minimum 40hectare lot size development standard, pursuant to State EnvironmentalPlanning Policy No. 1 – Development Standards. The proposal is for potablerainwater tanks with a storage capacity of 22,000 litres for future dwellingson the proposed four lots.
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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.
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