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The purpose of the covenant recommended under Condition No.20 is to alert future lot owners of the limited water depth for boat access atlow tide. The proposed development of the undisturbed natural area isacceptable in respect to the existing dwelling entitlement being maintained andthe undisturbed nature of the entire site, and would not warrant grounds forrefusal of the application. Legal advice obtained confirms that the amended proposaladdressed RFS bush firefighting concerns for development not to occur on theupper ridge area of the site and was accepted by Council in not creating anyadditional lots. The amended proposal involves the same waterfront area as originallyproposed for subdivision. The loss of scenic quality resulting from the reduction innatural area is acceptable in respect to the existing dwelling entitlementbeing maintained, and would not warrant grounds of refusal of theapplication.
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In support of this variation, the visible, south-east portion ofthe dwelling from the street would be 2 storeys as the basement would be lessthan 1 metre above the existing ground level. Further, the first floor thedwelling would be stepped in on the south-west corner reducing the dwelling to2 storeys. As a consequence, where the dwelling would have its highest impact,the south-west and south-east corner the dwelling would only be 2 storeys.Given the proposal complies with the height limit at all aspects. It isconsidered that the non-compliance with the number of stories would not have asignificant impact to the overall bulk of the dwelling. It is anticipatedthat the proposed dwelling house would not have any detrimental impacts to theheritage significance of the item as a building separation of 13 metres wouldbe provided and the existing screen planting would provide a visual barrierbetween the two dwellings.
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The assessment did not record anythreatened flora species but noted previous surveys recorded Tetrathecaglandulosa which is listed as vulnerable. The species is unlikely to beimpacted on by the proposal as the species was recorded on the upper ridge landareas of the site. The previous consent (RFSletter dated 17 July 2015) was issued based on the information provided by theapplicant, on the navigability of Calabash Bay for NSW RFS bush firefightingvessels to access the proposed berthing facilities, with regard to Median LowWater Spring (MLWS) tide levels.

On 17 July 2015, the NSW RuralFire Service advised of its General Terms of Approval for a Bush Fire SafetyAuthority subject to recommended conditions. In accordance with Council’s adopted Policy PS41Proposed Council Developments and Practice Note No. 7 – AssessmentPractice, the assessment of the development application has been referredto an independent town planning consultant. The applicant’s attention is drawn to the existence ofthe Disability Discrimination Act. A construction certificate isrequired to be obtained for the proposed building/s, which will provideconsideration under the Building Code of Australia, however, thedevelopment may not comply with the requirements of the DisabilityDiscrimination Act.
Future residents of the proposed lots wouldbe required to transfer their household waste to the disposal facility atBerowra Waters. The proposed development would not require any work withinthe open space zoned land or result in any disturbance to the open space landin any future residential development of the proposed lots. The applicant submits that compliance with the densitydevelopment standard would hinder the attainment of the objectives underSection 5(a) of the EP&A Act as the existing dwelling entitlementfor which the land is zoned would never be realised.

Subject to recommended conditions the proposal would meetthe HDCP desired outcome for open space. Clause 6.2 of the HLEP states that consent isrequired for proposed earthworks on site. Before granting consent forearthworks, Council is required to assess the impacts of the works on adjoiningproperties, drainage patterns and soil stability of the locality. The proposed development exceeds the maximum building heightdevelopment standard by 27.5%. Clause 4.3 of the HLEPprovides that the height of a building on any land should not exceed themaximum height shown for the land on the Height of Buildings Map.
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.

Tenants also enjoy immediate proximity to retail, hotel/conference facilities, health clubs, childcare centres and many other local amenities. With its inviting frontage and direct access to Lane Cove Road (Metro Route 3), Macquarie Link is seen by thousands of passers-by every day. Local Parks - Council has an ongoing program for therenewal and delivery of new local parks, as set out in Council’s DeliveryProgram. Local playgrounds are generally developed in areas where majorredevelopment is occurring in association with new high density housing areassuch as Asquith, Hornsby and Waitara and the Cherrybrook Station Precinct.
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 proposed rear setbacks are acceptable withregard to the open aspect of the School site and the existing screen planting;notwithstanding the R2 Low Density Residential zoning of the Schoolsite. The density of the development is governed by the height of the building and the required setbacks. The proposed density responds to the regional context, availability of infrastructure, public transport, community facilities and environmental quality and is acceptable in terms of density.
The proposed five storey building includes a mezzanine leveland has a maximum height of 17.5m. The proposed mezzanine levels are containedwithin the floor areas of the respective top floor units. A number of units do not comply with the Code’s bestpractice for ground floor open space minimum area 25m2 and dimensionof 4m. The private open space areas have been designed in accordance withthe requirements of the HDCP for deep soil areas with the setbacks providingfor communal open space and landscaping. The ground floor open space areascomply with the minimum area requirements of the HDCP.
The applicant has submitted justification for thenon-compliance in accordance with Clause 4.6 of the HLEP as discussed inSection 2.3.3. The proposed development isdefined as a ‘general industry’ and ‘industrialactivity’ and is permissible in the zone with Council’sconsent. The proposed development has been assessed having regard tothe provisions of the Hornsby Local Environmental Plan 2013 (HLEP).