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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 basement car park is to be constructed over twolevels and includes 38 resident and 5 visitor car parking spaces. The regular shaped site has an area of 1,729m2and is located on the eastern side of Citrus Avenue. The development generally meets the desired outcomes ofCouncil’s planning controls except for the floor area and number ofstoreys and is satisfactory having regard to the matters for considerationunder Section  79C of the Environmental Planning and Assessment Act, 1979. The application is considered to have satisfactorilyaddressed Council’s and relevant agencies’ criteria and wouldprovide a development outcome that, on balance, would result in a positiveimpact for the community.
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The proposed landscaping includes locally indigenous andnative plant species that would support the locally occurring Silvertop Ash– Scribbly Gum Woodland on the site. Appropriate conditions arerecommended for amendment to the landscape plan to provide for naturalregeneration of the bushland area at the rear of the site and for integration ofthe recommended Asset Protection Zone for bush fire protection. The submitted Construction Management Plan prepared by APPCorporation dated July 2016 includes appropriate measures and controls tominimise construction impacts on the adjoining high school subject torecommended conditions. The surrounding developments fronting the western side ofCitrus Avenue and on the eastern side, south of the vacant School land, includedwelling houses within a R3 Medium Density Residential zone. An older style twostorey commercial building with two ground floor shops and an open rear carpark is located on the western corner of Citrus Avenue and Peats Ferry Road.The Asquith Bowling Club is located 150m north of the site.

The preparation of this report takes into consideration thefeedback provided by those members of the community who spoke to Council at itsmeeting of 10 August 2016. Playground elements that incorporate timber products and sensorygardens can provide a calm or safe zone for children who may be overwhelmed ina crowded playground. An inclusive playground provides varied play activities,thereby providing choice. All categories of play experience is provided,namely physical, intellectual, social, imaginative and constructive playactivities, available at differing levels of difficulty and complexity. Play activities are offered in one space, not necessarily on one piece ofequipment. Play activities are offered equally, at much the same scale, so thatone type of play does not dominate over the others.
The proposed removal of the vegetation is acceptable subjectto a condition that the applicant enter into a VPA to offset the loss. The proposal is subject to a Voluntary Planning Agreement(VPA) pursuant to Section 93F of the Environmental Planning and AssessmentAct 1979. The VPA is to offset the loss of vegetation by a monetarycontribution towards the Council managed bush regeneration sites along theHawkesbury River (Bushland Restoration Offset Program – Create, Restoreand Enhance). The proposed water recreation structures are satisfactory inrespect to the HDCP prescriptive measures. The foreshore of proposed lot 2 and lot 3 includes theremains of an Aboriginal midden.

The assessment addresses the acoustic environment of theproposed development in accordance with Council’s Code of Practice forSound Insulation of Residential Buildings and the NSW EPA Industrial NoisePolicy. The proposal responds to the social context in terms of providing a range of dwelling sizes with good access to social facilities and services as the site is located in close proximity to Asquith Railway Station and shops. The proposal incorporates good design in terms of achieving natural ventilation, solar access and acoustic privacy. All units incorporate adequate indoor and outdoor spaces with balconies accessible from living areas and privacy has been achieved through appropriate design and orientation of balconies and living areas. The proposal incorporates high quality facades including a defined base, middle and top of the building and achieves an appropriate built form for the site and its purpose. Flat roof forms have been adopted with an increased top storey setback on the external facades to minimise bulk and height of the building as required by the HDCP.
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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.
Subject to the implementation of erosion and sedimentcontrol measures, the impacts of the proposal on the water quality of CalabashBay would be minimised. The relevant matters under Clause 15 of the draft SEPPare subject to consideration under current planning controls as addressed inthis report. The proposed development would not significantly impact onthe adjacent coastal wetland, subject to recommendedconditions. The subject site is mapped for “coastalwetlands”, “coastal environment area” and “coastal usearea”. Part 2 of the draft SEPP includes development controls forcoastal management areas. The site’s Calabash Bay foreshore adjoins twoforeshore properties previously subdivided and developed for dwelling houses(lot 4 and lot 5 DP ) in an earlier subdivision involving the site.

The two new storage silos would improve the storage capacityand efficiency of the existing plant. The silos would not result in an increasein truck numbers or hours of operation. It is submitted that the proposedincrease in storage capacity is to avoid delays in meeting constructionrequirements for NorthConnex. Two independent valuation firms were subsequently engaged byCouncil to provide current market rental valuation report of the portfolio ofeight pre-schools and kindergartens. One firm was instructed to providereports for each of the three properties leased to KU Children’sServices, whilst the other firm was instructed to provide reports for each ofthe five other independently leased centres. The basis of the instructions wasto provide open market rental valuations of each property for a new lease onstandard commercial terms for the permitted use of “education and childcare services”, assuming ‘vacant possession’ and disregardingthe value of goodwill, if any.
The applicant submitted a Voluntary Planning Agreement (VPA)to offset the nett loss of vegetation. The offset is for financial contributionto Council’s bushland regeneration sites along the Hawkesbury River(Bushland Restoration Offset Program – Create, Restore and Enhance) forRough-barked Apple – Forrest Oak vegetation community. The proposed development has been assessed having regard tothe relevant desired outcomes and prescriptive requirements within the HornsbyDevelopment Control Plan 2013 (HDCP). The following discussionaddresses the proposal’s compliance with the relevant prescriptiverequirements of the Plan. The proposed subdivision would require vegetation reductioninvolving an area of approximately 1.02 hectares for bushfire protection of theindicative building envelopes.
Due the cumulative impacts of quarry fill related traffic, further consideration of No Right Turn bans into or out of Peats Ferry Road at Dural Street or Dural Lane should be investigated when the quarry filling work is underway. The existing “No Right Turn, 7am - 9am, 3pm - 6pm Monday to Friday” should be amended to “No Right Turn, 6am am, 3pm - 7 pm, Monday to Friday”, subject to the recommendation of the Hornsby Shire  Local Traffic Committee after public consultation. The play space provides theopportunity for children of all ages and abilities to play independently.