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The proposed development does not include an on-site communalopen space area for employees. The proposed developmentgenerally complies with the setback prescriptive measures applicable to theMount Kuring-gai industrial area. Subject to a recommended condition of consent, the proposalis satisfactory in respect to SEPP 55. The proposed development isdefined as ‘industrial activity’, ‘light industry’,‘warehouse or distribution centre’, ‘storage premises’,‘signage’ and is permissible in the zone withCouncil’s consent. The proposed development would be consistent with ‘APlan for Growing Sydney’ and ‘Draft North District Plan’by providing additional employment opportunities in the locality.
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In addition, it notes that the provision of the undergroundparking enables a turning area for cars as no common turning area was providedthrough the initial subdivision of the property. However, the proposed dwellinghouse may not be approved as complying development, as the subject site islocated within the Beecroft/Cheltenham Heritage Conservation Area and islocated adjacent to a heritage listed house at No. 8 Kirkham Street. The proposal would also not comply with the requirementsof the NSW Housing Code in terms of floor area and number of storeys. Part 2 of SREP 20 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.
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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.

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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.

The assessment determined the site of the proposed lots andfuture dwellings has limitations for on-site disposal of effluent. An advancedsecondary treatment system for each dwelling would be necessary to achieve therequired pathogen reduction for the application of treated waste water on-site.The on-site dispersal area would need to include design for runoff interceptionand diversion around the dispersal area. The dispersal area would involvetrenches or retaining walls to provide soil depth of 1200mm minimum. Theproposed lots are of sufficient size to accommodate the dispersal area requiredfor the likely volume of waste water generated by future dwellings. The wastewater treatment system design would be subject to further assessment for futuredwellings.
The non-compliance is acceptable to achieve the driveway gradientnecessary for access to the basement car park and with regard to the adjoiningopen space aspect of the vacant land of the adjoining high school. The proposed non-compliance with the HDCP floorplatedimension and setback criteria would not diminish future RFB developmentpotential or detract from residential amenity, as the site adjoins a highschool which provides an open space aspect to the eastern and southernboundaries. Compliance with the setback requirements would potentiallydiminish the amenity and size of a number of proposed units without having thereciprocal benefit of providing for future adjoining residentialdevelopment. The submitted Solar Access Diagrams have regard to a future5 storey building adjoining the northern boundary and demonstrate 72% ofproposed units would receive a minimum of 2 hours of sunlight in compliancewith the ADG design criteria of 70%.

Given the above siteoperation systems, the proposal is satisfactory in respect to air quality. The surface water runoff is treated on-site in settlementtanks and flush captured before discharge to the Council stormwater system.Captured water is reused in the plant together with retained solids. In respect to Clause 36(c) the silo operation is sealed andincludes dust level monitoring to prevent emissions. The proposed development would be consistent with ‘APlan for Growing Sydney’ and ‘Draft North District Plan’by providing essential construction materials for the building and constructionindustry. The site was originally approved as a concrete batchingplant in 1958 and operated by Ready Mix Concrete. Negotiations with Norwood Community Preschool andCherrybrook Community Kindergarten are yet to be finalised.
The future residential character of the street is thereforedefined by medium and high density housing and the desired future characterprovisions of the HDCP. The remainder of the properties in the street were rezonedfrom low density residential to medium density residential under HornsbyShire Local Environmental Plan (Amendment No. 101) gazetted 17 December2010. The subject land and adjoining lands fronting Peats Ferry Rd(Pacific Highway) were included in Council’s Housing Strategy and rezonedfrom low density to high density housing under Hornsby Shire LocalEnvironmental Plan (Amendment No. 99) gazetted on 2 September 2011.

The report includes an assessment of the trees recommendedfor removal and replacement and the trees to be retained within thebiodiversity area at the rear of the site. The trees to be retained includeTree No. 50 – Angophora costata (Smooth barked apple) which isidentified as significant. The proposed HRV vehicle access design is for access to theproposed large Unit 1 directly off the Gundah Road frontage. Unit 1 includescar parking on the apron forecourt with 17 spaces in accordance with the HDCPcar parking requirement. The proposed loading dock (13m x 6m), truckmanoeuvring area and vehicle crossing are designed for HRV access.
A right of way and easement for electricitybenefiting Lot 1 is proposed across the rear of proposed Lots 2, 3 and 4 to theexisting right of carriageway and electricity easement at the rear of theproposed lots. On 25 August 2015, the applicantsubmitted a Voluntary Planning Agreement to offset the loss of nativevegetation on the site required to provide an Asset Protection Zone for theproposed lots. All work must be carried out inaccordance with the approved waste management plan. The proposed stormwater drainage system  includes astormwater detention system and water quality control facility to achieve the HDCPurban stormwater quality targets.
Whilst this results in additionalbuilding height to the rear, the retention of the bushland with many largemature trees within the rear landscaped setback area will provide an effectivevisual screen to the lower level of the proposed building. The assessment includes recommended specifications forglazing to mitigate noise impacts from the School operation and Peats FerryRoad noise, to achieve the required residential acoustic environment. Deep soil areas are provided around the building envelope which would enhance the development's natural environmental performance and provide an appropriate landscaped setting subject to recommended conditions. The site is located within a precinct planned for five storey residential flat buildings in close proximity to Asquith Railway Station and the Asquith commercial centre. The proposed excavation works for the basement carpark involvedepths 6m below ground level. A condition is recommended for a detailedgeotechnical assessment of the site by a chartered structural engineer, to beundertaken for the design of the basement excavation and support, groundwaterdrainage, basement and foundation design.