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A locally indigenous tree (Tree No. 39 – Corymbiagummifera – Red Bloodwood) is located on the adjoining school land,near the proposed driveway. The proposed driveway would encroach to within 10% of the treeprotection zone (TPZ) which is acceptable in accordance with AS4790 –Protection of trees on development sites. The basement car park includes sufficient storage forresidents and would meet the minimum storage area requirement of the ADG.A condition is recommended in this regard.
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A better approach would be toalign the MDDG so that it applies in the same way that SEPP 65 and theApartment Design Guide operate. This would avoid the one size fits allapproach and would ensure that all councils and local communities are equallyimpacted and given the opportunity to prepare their own medium density housingstrategies. The HLEP is one of the few environmental planninginstruments in NSW that permits residential flat buildings (RFBs) in the R3Zone. As the highest and best use, lower yield housing types are lessattractive to developers who mainly seek to develop two storey walk upflats.
The residential development would improve housing choice inthe locality by providing a range of dwelling types. This is consistentwith Council’s Housing Strategy which identifies the need to provide amix of housing options to meet future demographic needs in Hornsby Shire. The proposed waste management facilities on each residentiallevel include a separate cupboard for garbage chute and recycling bin and areof appropriate design for resident access and manoeuvrability of thebins. The submitted Waste Management Plans for the demolitionstage and construction stage of the proposed development are acceptable subjectto recommended conditions. The proposed development would partially overshadow theadjacent dwelling house at No. 9 Citrus Avenue. The dwelling and open spacearea would however, receive three hours of sunlight between 9am and 3pm, 22June in compliance with the HDCP requirement for solar access todwelling houses.

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As aconsequence, the proposal is subject to assessment under Part 9.3 and 9.4 inthe HDCP. The car parking and driveway would comply with the aboveprescribe measures and is consistent with the desired outcomes of Part 3.1.7Vehicle Access and Parking in the HDCP and is considered acceptable. In regard to the above, theproposed car parking complies with all of the above prescriptive measures. The desired outcome of Part 3.1.7 Vehicle Access and Parkingin the HDCP is to encourage “development that provides sufficient andconvenient parking for residents with vehicular access that is simple, safe anddirect”. In addressing the objections regarding the setting of thebuilding, it is noted that the development would not exceed the 8.5 heightlimit at any point.

Following completion of the market rental valuation reports,the process of consultation and negotiation was commenced individually witheach of the tenants of the subject portfolio. Council’s Property Services staff worked closely witheach of the valuers, providing information, reviewing draft valuation reports,and comparing the market value levels adopted by each valuer. This is a provenprocess that provides a high level of checks and balances, ensuring high levelsof valuation integrity within reports that are of the highest possiblestandard, that could withstand detailed scrutiny and ultimately, could be bestrelied upon.
The proposed unit private open space areas form extension ofthe living rooms and meet the prescriptive measure for ‘outdoorrooms’ of the HDCP. The proposed building is well articulated and is incompliance with the HDCP prescriptive measures. The proposed buildingincludes appropriate façade treatment, flat roof form and elements tobreak the massing of the building. The proposed wrap-around balconies at the northern andsouthern side elevations involves a setback encroachment to 4m for more thanthe 1/3rd building length in non-compliance with the prescriptivemeasure of HDCP. A condition is recommended for deletion of thewrap-around balconies in compliance with the ADG privacy separationdesign criteria, which would meet the HDCP encroachment prescriptivemeasure.
The assessment of an affordable annual transition over thenext five years to a fair “market based” rental, reflecting thecurrent actual model adopted, has been assessed as  being broadly equivalent to$2 per day per licensed place per annum. Progression of the Biobank proposal for Waitara CreekBushland, Galston Park Bushland and Arcadia Park Bushland would result inBiobanking Trust Funds being established. The BioBanking Trust Fundinvests the proceeds of sales of biodiversity credits to enable annualmanagement payments to Council in perpetuity.

The bunded area mustprovide a volume equal to 110% of the largest container stored and graded to ablind sump so as to facilitate emptying and cleansing. The applicant is to prepare aConstruction Environmental Management Plan which must be submitted to Councilfor approval prior to the release of the Construction Certificate. The proposed industrialdevelopment within a bushfire prone area is satisfactory in respect to Clause79BA EP&A Act – Certain Bush Fire Prone Land. The subject site is subject to topographic, ecological andbush fire constraints to development. The proposed building design is consistent with neighbouringbuildings in terms of architectural expression.