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The proposed development is for the construction of anindustrial building comprising 17 units, signage, strata subdivision and firstuse. Subject to recommendedconditions the proposed impacts on the natural environment are acceptable. Appropriate conditions are recommended for waste collectionand management by licenced contractors, for trade waste and maintenance ofwastewater devices. The HDCP prescribes a maximum 5m2 for wallsigns other than signs that are consistent with the character of the localityin accordance with SEPP 64. In this regard the proposed 20m2wall sign is proportional to the scale of the building and front setback inbeing legible in the street. The proposed car parking provision would provide for thefirst use of the units as proposed by the applicant.
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The proposed stormwater drainage system would drain to theCouncil’s stormwater drainage line in the adjoining downstream property.Owner’s consent for granting a drainage easement for connection to thesystem is yet to be obtained by the applicant. The connection of a drainagesystem over the adjoining land would involve minimal works. A deferred consentcommencement condition is recommended for registration of stormwater drainageeasement benefiting the subject site.
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The section above existing ground level would form the carpark and front apron of the building in the street and would not be readilydiscernible as built form comprising a storey of the building, when viewed fromthe street. In respect to the Director-General’s considerationsunder Clause 4.6, the proposed variation would not raise any matter ofsignificance for State or regional environmental planning. Strict compliancewith the standard would not result in an acceptable environmental outcome forthe subject site and would not be in the public interest. The proposal includes a stormwater detention system andwater quality treatment device in accordance with HDCP stormwatermanagement requirements.
Community consultation regarding the proposals occurred fora period of 28 days in accordance with Section 47 of the Local Government Act,as creating a Biobank site is considered to be granting an estate under thatAct. Consultation was undertaken with the community, SydneyWater, Transgrid, and the Office of Environment and Heritage as part of thepreparation of this Report. Council should consider the comments provided in theattachment in respect of each of the outstanding resolutions and, if necessary,determine if any further action is required. Any budgetary implications are included in the relevantreport or in the “Latest Status” column of the attachedspreadsheet. In preparing Outstanding Council Resolutions reports,Divisional Managers give special consideration to any long outstandingresolutions and, where such resolutions exist, provide comments about whetherfurther action may be unlikely or impractical.

The Codes SEPP and MDDG go some way towards improving thedesign controls and are generally consistent with the integrated housingrequirements of Growth Centre Precincts. However, the controls are not wellsuited to existing middle ring suburbs and would be inconsistent withCouncil’s approach of encouraging medium density housing within alandscape setting. The following minimum development standards need to be metfor multi dwelling housing (terraces), manor homes and subdivision to beconsidered as complying development. The Medium Density Housing Code amendments will only applyto land zoned R3 Medium Density Residential within the Hornsby LGA whichaccounts for 56ha or approximately 1% of all residentially zoned land (thisfigure includes land in Epping and Carlingford now in the City ofParramatta). Most R3 zoned land is already developed, with potentialremaining in the medium density housing precincts of Hornsby North, Asquith andMount Colah. At present, complying development cannot be carried out oncertain land, such as heritage conservation areas, foreshore areas andenvironmentally sensitive areas (including National Parks and criticalhabitat).
Personswishing to address Council on non agenda matters, are permitted to speakafter all items on the agenda in respect of which there is a speaker from thepublic have been finalised by Council. Their names will be recorded inthe Minutes under the heading "Public Forum for Non Agenda Items". If thenon-pecuniary interest is less than significant, the Councillor must provide anexplanation of why they consider that the interest does not require furtheraction in the circumstances.

The desired outcomes of part3.1.6 Privacy in the HDCP is to “encourage development that isdesigned to provide reasonable privacy to adjacent properties”. Part 3.1.2(h) of the HDCP states that “an ingroundswimming pool is able to encroach to within 1 metre of the rear boundary,measured to the water line”. The proposed lap pool would be located 1metre from the rear boundary however, the majority of the pool would be locatedabove-ground. The dwelling house proposal complies and exceeds the setbackprescriptive measures of the HDCP apart from the lap pool. Under Clause 6.2, Council is required to assess the impactsof the works on adjoining properties, drainage patterns and the soil stabilityof the surrounding environment. Clause 5.10 of the HLEP sets out heritage conservationprovisions for Hornsby Shire.
The unit layouts are satisfactory in meeting the ADGdesign criteria for separation of high activity areas from bedrooms and toprovide internal privacy. The architectural treatment of the building incorporates indentations and projections in the exterior walls with balcony projections to articulate the facades. The roof is flat to minimise building height and incorporates eaves which would cast shadows across the top storey wall. The articulation of the building, composition of building elements, textures and colours would achieve a built form generally consistent with the design principles contained within the Apartment Design Guide and the HDCP.

The requirements areaddressed by the recommended conditions of development consent under Schedule 1of this report. In summary, the submitteddesign and specifications of the proposed jetties and pontoons are appropriatefor the location and properties to be serviced and acceptable subject torecommended conditions. Clause 18 of HSLEPsets out heritage conservation provisions within the Hornsby area. The siteincludes the ‘Fire Trail’ which is a heritage item of localsignificance under Schedule D of HSLEP. The ‘Fire Trail’links McCallums Road, Berrilee with the ‘Fretus Hotel ruins’ whichis a heritage item of local significance that adjoins the site.
The independent town planningconsultant recommends approval of the development application subject torecommended conditions. The remaining Units 2-17 are designed for SRV access off thedriveway along the eastern side of the building. The units are allocated therequired  car parking provision for industrial use (1 space @ 100m2GLFA) in accordance with HDCP. However, as the site fallssteeply to the south, filling of the site (with retaining wall) or theestablishment of industrial units (as proposed) is required at the greatestslope extent to achieve a level building pad.
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.