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The site is subject to the draft Coastal Management SEPPwhich is currently on exhibition until 23 December 2016 and follows Stateplanning reforms for the NSW coast under the Coastal Management Act 2016. The two proposed jetties and pontoons would not impact onseagrass in Calabash Bay. A small mangrove tree would require removal which isacceptable for the proposal and would not diminish the mangrove tidalhabitat. Roads and Maritime Serviceadvised there are no navigational concerns regarding the proposal in respect tolocal waterways. The application was referredto Roads and Maritime Services in regard to the above regulatory requirementsregarding navigation safety.
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The site is subject to existing easements for services,electricity and a right of carriageway which extend (on paper but are unformed)from the road reservation off McCallums Road, Berrilee to the rear of theexisting waterfront lots (Lot 4 and Lot 5 DP ). The proposed subdivision includes an easement forelectricity identified as E1 and E4 which would extend the existing powersupply line at the rear of the existing Calabash Point waterfront lots to theproposed lots. The proposal would provide for the extension of the riversettlement of Calabash Point with the four proposed lots providing for futuredwelling houses. A garbage waste collection service is not provided for theriver settlement of Calabash Point.
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.
Conditions are recommended for six additional locallyindigenous canopy trees and for planting of three locally indigenous streettrees. The proposed waste management system is satisfactory in respectto the HDCP controls subject to recommended conditions. The proposed driveway and basement car parking area andresident bicycle parking areas are in accordance with the HDCP prescriptivemeasures subject to recommended conditions. A condition is recommended for planting of three streettrees - Tristaniopsis laurina‘Luscious’ (Water gums). The street trees wouldreach a mature height below the level of power lines on the Citrus Road naturestrip and be in addition to the existing street trees to be retained (Trees Nos1-5 Callistemon viminalis – Weeping Bottlebrush) along thefrontage. At least two more canopy trees that will reach a matureheight of at least 6-7m are to be provided in the northern side setback.

As outline in the above table, theproposed signs are satisfactory in respect to the assessment criteria underSchedule 1 of SEPP 64. The proposed signs are‘business identification signs’ subject to Part 3 of the Policy.Pursuant to Clause 13 the proposed signs are subject to the objectives of thePolicy and the assessment criteria under Schedule 1. All allotments the subject ofthis consent must be consolidated into one allotment. The development must be carriedout in accordance with the submitted Traffic Control Plan (TCP). To protect the surroundingenvironment, Street sweeping must be undertaken following sediment trackingfrom the site along Nos. 3, 5 and 5A Citrus Avenue, Hornsby during works anduntil the site is established.
The location of new medium and high density developmentshould be addressed through local planning strategies where local communitieshave the opportunity to be consulted and participate in the plan makingprocess. Consistent with previous decisions to repeal State planning policiesthat imposed inappropriate development in low density areas, the currentframework of only permitting detached dwellings and granny flats as complyingdevelopment should remain. However, for councils who permit dual occupancy developmentwithin their R1 and R2 zones, the SEPP will have broad implications on theirzoning hierarchy. To ensure that the impact of the amendments equally apply tocouncils, they should only apply to development within the R3 zone which wouldprovide councils with the scope to consider expanding this zone in futurehousing strategies. Should the SEPP amendmentsproceed, it would be appropriate that the dwelling types are based on a minimumparent lot determined by the local council. This would enable councilswho currently do not apply a minimum lot size for certain types of development(as per model Clause 4.1B), to set appropriate requirements within their LEPssuitable for both complying and merit based assessment.

The proposed setback areasadjoining ground floor units form common open space landscaped areas inaccordance with this principle. During construction works, theexisting ground levels of open space areas and natural landscape features,(including natural rock-outcrops, vegetation, soil and watercourses) must notbe altered unless otherwise nominated on the approved plans. In addressing these concerns, amended plans were received onthe 26 September changing the white garage door to dark timber cladding asrequested by Council. Further, as discussed in Part 2.1.2 of this report, thedesign and siting of the proposal on a battle-axe allotment would not havesignificant impacts on the adjoining heritage item or the conservation areagiven appropriate building separation, construction materials and distance fromthe street. This report identifies how inclusive playgrounds can be deliveredwithin Council’s existing budget allocations.
The proposal is acceptable for NSW Rural Fire Service wateraccess subject to additional requirements for bush fire protection. The bushfire riskcan be managed for the proposal subject to recommended conditions of the NSWRural Fire Service. The proposed VPA is acceptable is respect to the principlesof the Green Offsets Code. A deferred commencement condition is recommended forthe applicant to enter into a VPA to offset the loss of Rough-barked Apple– Forest Oak vegetation community. Subject to recommended conditions for the applicant to enterinto a VPA with Council and conditions to maintain and protect biodiversity,the proposal is acceptable in respect to the HDCP requirements forvegetation preservation and biodiversity.

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.
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.

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No objections are raised to the proposal in regard to treepreservation subject to conditions requiring the replacement planting of threetrees to compensate for the tree removal. Further, conditions arerecommended requiring a project arborist to be appointed to monitor theimplementation of appropriate tree sensitive construction techniques to retainthe 10 neighbouring trees. An objection raises concerns regardingthe amount of excavation required for the development. The extent of theexcavation is to allow for a basement level garage, turning area and binstorage. Toaddress concerns regarding the impact of the stability of adjoining properties,a condition is recommended for a dilapidation report to be prepared. In addressing the impact of the number of storeysnon-compliance, by definition Council must define the basement as a floor wherethe floor level of the storey immediately above is more than 1 metre above theexisting ground level.
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.