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The proposal wouldnot increase the number of agitator trucks operating from the site and issatisfactory in respect to traffic and road safety. The submission raisedconcerns that the proposal would result in dust and noise impacts on residentsof Sefton Road. State Environmental Planning Policy No. 55 (SEPP 55)requires that Council must not consent to the carrying out of any developmenton land unless it has considered whether the land is contaminated or requiresremediation for the proposed use.
As detailed in Part4.3.4 of the Draft North District Plan, councils are in the best position toinvestigate opportunities for medium density development through local housingstrategies developed in consultation with their community. Any medium density complying development application wouldbe required to include a Design Verification Statement to confirm thedevelopment is pvc shutter near thornleigh consistent with the principles of the MDDG. The Codes SEPP amendments for medium density housing wouldonly apply in areas where those dwelling types are permitted in the R1, R2, R3or, RU5 zones by an LEP. The proposed complying dwelling types would belimited to 2 storeys and be of a similar scale to a dwelling house carried outunder the General Housing Code.

R4 zoned land is excluded as larger scale residentialflat buildings are encouraged in this zone. Council intervention to resolve a matter over which Councilhas no legal obligation would result in the use of public funds to provideprivate benefit. Accordingly, it is recommended that Council endorseOption 1, consistent with the previous resolution, to negotiate a right ofcarriageway with the owner of property No. 34 Hinemoa Avenue, Normanhurst uponthe lodgement of a future subdivision application. Given that the currentowner is preparing to sell the property, this opportunity may  occur in the nearfuture. The dwelling house at property No. 17B Redgrave Road wasconstructed over 30 years ago and   vehicular access has always beenobtained from Redgrave Road.
Subject to recommended conditions, the proposal issatisfactory in addressing the provisions under Clause 6.2 of HLEP. On at least oneoccasion in every 12 month period following the date of the first ‘FireSafety Certificate’ issued for the property, the owner must provideCouncil with an annual ‘Fire Safety Certificate’ to each essentialservice installed in the building. A detailed geotechnicalassessment of the site by a chartered structural engineer is to be undertakenfor the design of the excavation, ground vibration, excavation support, designparameters for support systems and anchor design, groundwater and foundation design. The proposal is satisfactory in meeting the key developmentprinciples of HDCP for five storey residential flat development withinthe Peats Ferry Road, Asquith Precinct.

The desired outcome of Part9.4.1 Development in the Vicinity of Heritage Items and HeritageConservation Areas is to encourage “new work that is sympatheticto the heritage significance of nearby heritage items, or adjoining heritageconservation area, and their settings”. The desired outcome of Part9.3.1 General Design Provisions in the HDCP is to encourage “developmentthat complements and is sympathetic to the existing character of theconservation area and the elements that are significant to that character”. Objections have been receivedraising concerns that the development would overshadow the eastern and southernadjacent properties located at No. 8 and No. 10 Kirkham Street, Beecroft. The desiredoutcome of Part 3.1.5(b) Sunlight Access of the HDCP is to encourage “developmentdesigned to provide reasonable sunlight to adjacent properties”. Objections have been raised that the proposed dwelling wouldcause direct overlooking into the adjoining residences at No. 10 and No. 8Kirkham Street.
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.

The proposed top floor units are setback minimising opportunity fordirect overlooking of the sports field. The proposed building is designed with regard to CrimePrevention Through Environmental Design (CPTED) principles and is satisfactoryin respect to the security prescriptive measures of HDCP subject torecommended conditions. The proposed landscaping with regard to the open aspect ofthe adjoining high school land, would meet the HDCP desired outcome forlandscaping subject to recommended conditions. A row of six Casuarina cunninghamiana (River  Oak)trees on the adjoining school site provide a landscape element and screeningalong the eastern boundary of the site. The existing shrubs (Trees Nos. 17, 18,19 and 20 – Camellia sasanqua) along the eastern boundaryof the site contribute to the screening and a condition is recommended for theshrubs to be retained.
On at least one occasion in every12 month period following the date of the first ‘Fire SafetyCertificate’ issued for the property, the owner must provide Council withan annual ‘Fire Safety Certificate’ to each essential serviceinstalled in the building. A detailed geotechnicalassessment of the site by a chartered structural engineer is to be undertakenfor the design of the excavation, ground vibration, excavation support, designparameters for support systems and anchor design, groundwater and  foundationdesign. The proposed first use of theproposed units would be consistent with the requirements of the Exempt &Complying SEPP to enable future change of use as Complying Development. The proposed signs are satisfactory in respect to SEPP 64and in this regard meet the prescriptive measures of HDCP. The proposed development would meet the HDCP desiredoutcomes for vehicle access and parking. The proposed 16.4m-21.3m rearsetback exceeds the minimum 10m rear setback in providing for the conservationof bushland and the sandstone escarpment area at the rear of the site.
Theproposed Acmena smithii (Lily Pilly) have the potential to reach these heightshowever the plans suggest that these trees will be hedged and therefore willnot provide shade and canopy cover on the northern boundary. Appropriateconditions are recommended for replacement tree planting of canopy trees. The proposed landscaping of the southern side setback is 2mwide landscaping for 2/3rds of the southern side boundary, toprovide for the proposed driveway. The proposed landscaping is innon-compliance with the required 4m width deep soil landscaping for sideboundaries.

The application has been supported byan Arboricultural Impact Assessment Report prepared by Urban Arbor, dated 11August 2016. The proposed development would not result in overshadowingof public open space areas or residential property. A condition is recommended for the provision of a 10m2open space area with seating for employees in the north-west corner of the sitedesigned for summer shade and winter sun. The proposal is compliantwith the maximum of three storeys applicable to the site in accordance with theHDCP.