Memo Format Template Multi Page - NSW Government

TO: ALL COUNCILLORS
FROM: EXECUTIVE MANAGER, PLANNING DIVISION
DATE: 12 June 2008
SUBJECT: Items on Agenda for Planning Meeting No. 10/08 – 18 June 2008
Additional information with NO CHANGE to Recommendation
ITEM 5 DA/1467/2003 - Further Report - B & G Surveying Pty Ltd - Lot 32 DP
14070, Lot 10 DP 232642, Pt Lot 33 DP 14070 (Nos. 120, 122 & 122X)
Berowra Waters Road, Berowra Heights - Subdivision of three (3)
allotments into six (6) and demolition of an existing dwelling and shed on
proposed lot 6
Subsequent to the preparation of Executive Manager’s Report No. PLN125/08, the applicant
submitted a supplementary report prepared by Don Smith Planning Pty Ltd addressing the
reasons for refusal. A copy of the report is attached.
Independent planning consultant, Mr Neil Kennan, provided a response to the supplementary
report submitted by the applicant. A copy of Mr Kennan’s response is attached.
Additional information with NO CHANGE to Recommendation
ITEM 6 DA/1796/2007 - Mr Peter Stumbaum and Mrs Leona Stumbaum - Lot 4
DP 1043578 (No. 9) Pike Road, Hornsby Heights - Erection of an attached
two storey multi unit housing development comprising two dwellings and
Torrens title subdivision of one allotment into two
The following amended information is provided.
APPLICANT: Mr. Peter Stumbaum
OWNER: Mr. Peter Stumbaum and Mrs. Leone Stumbaum
1.2 Subject Site
A major portion of the site to the east and south cannot be disturbed for
development due to a ‘Restricted Development Zone’ allocated for the
purpose of native bushland preservation. The restricted area extends up to a
distance of 67.035 metres from the eastern boundary across the site from
(HSC~H:\DevArch\DIVISION\MEMOS\2008\Late Item Memo - 12 June 08)

Items on Agenda for Planning Meeting No. 10/08 – 18 June 2008 Page 2
north to south, and between the southern bank of the watercourse and the
boundary adjacent to Pike Road (refers to Section 1.1 for further details).
1.3 Proposed Development
Proposed Lot 4A: 1546 m 2 irregular shaped allotment.
Proposed Lot 4B: 1546 m 2 irregular shaped allotment.
3. DEVELOPMENT SPECIFICS
_____Compliance_____
Prescriptive Element
Item Proposed Required Measure Objective
Allotment Size:*
Proposed Lot 4A 1546m 2
Proposed Lot 4B 1546m 2
Gross Floor Area:
575 m 2
575 m 2
Yes Yes
Yes Yes
Unit 1 144 m 2 N/A N/A N/A
Unit 2 170 m2 N/A N/A N/A
Private Open Space: ***
Dwelling Lot 4A 120 m 2 +
2
100m
Dwelling Lot 4B 120 m 2 +
2
120m
Yes Yes
Yes Yes
5.3 LIKELY IMPACTS OF DEVELOPMENT
(Section 79C(1)(b) & (d) Environmental Planning & Assessment Act, 1979)
Setting, Siting & Design
Fencing
The following information has been submitted by the applicant addressing the objection in
relation fencing:
“The information needs to be added that the fence is at least 3 metres outside the subject
site’s boundary on Council’s 7 metre wide nature strip. It does not belong to he owners of the
subject property. Council’s investigations revealed that ‘under DA 96/1998 a condition was
imposed that required a 1.8 nm high chain wire fence to be erected around a ‘restricted
development zone’ located within the subject property. The subject fence was erected to
satisfy this condition of consent.’”
Utilities

Items on Agenda for Planning Meeting No. 10/08 – 18 June 2008 Page 3
Comment: The proposal does not require the relocation of a sewer line. A portion of the
dwelling will be built over the existing sewer line. Necessary approvals from Sydney Water
have been provided with the application.
Attachment: Please find the amended front page of the report attached.
Additional information with NO CHANGE to recommendation
ITEM 8 DA/1046/2007 - Downing Project Management - Lot 2 DP 367373 (Nos.
103-109) New Line Road, Cherrybrook - Alterations and additions to
existing West Pennant Hills Sports Club including new car park,
relocation of bowling greens, tennis courts and cricket nets and the
erection of one sign
Correction, Section 5.3 of the report under the heading Safety, Security & Crime
Submissions raised concerns that the proposal will exacerbate adverse impacts arising from
patrons frequenting the club, specifically social impacts relating to potential alcohol and
gaming abuse and anti-social activities of patrons leaving the premises.
Whilst application includes an extension to the club’s hours of operation, the club is not
proposing to expand the number of gaming machines on the premises as part of this
application. In the event that the club seeks to increase the number of gaming machines at its
premises it will need to prepare a Social Impact Assessment with its application to the Liquor
Administration Board. The Statement of Environmental Effects addresses the social and
economic impact of the proposal with no adverse impacts envisaged.
The NSW Police require appropriate conditions to be imposed with regards to the acoustic
amenity of the development.
The existing development has a repeated history of anti-social behaviour which warrants the
preparation of a security management plan and the imposition of stringent conditions of
development consent. Draft conditions are recommended to control hours of operation,
noise, visual and environmental impacts to improve current operating conditions.
A Security Management Plan relating to strategies to be adopted to control noise and
antisocial behaviour on the club premises and within the immediate environs (Edward
Bennett Oval and surrounding streets), should be submitted to Council for further
consideration in consultation with NSW Police before approval of the application is
anticipated.
This report recommends that the application be deferred and that the applicant be requested to
provide a Security Management Plan to address the potential for anti-social behaviour
affecting neighbouring residents. Such plan is to be prepared in conjunction with Council
and the NSW Police Department for submission to the earliest available Planning Meeting.
Correction, Section 5.3 of the report under the heading Acoustics
Paragraph 1 in the Comment section should read:

Items on Agenda for Planning Meeting No. 10/08 – 18 June 2008 Page 4
Comment: The proposed noise attenuation measures will ensure that noise emissions from
mechanical plant and from the operations of the Club meet specific Design Goals as
recommended by the applicant’s Acoustic Consultants. With regard to noise from patrons
leaving the Club, this report recommends that the applicant be requested to provide a
Security Management Plan relating to strategies to be adopted to control noise and
antisocial behaviour on the club premises and within the immediate environs (Edward
Bennett Oval and surrounding streets). It is recommended that the Security Management
Plan should be submitted to Council for further consideration in consultation with NSW
Police before approval of the application. Notwithstanding, the adjoining residents have
recourse to action under the Protection of the Environment Operations Act 1997, if adverse
noise impacts persist.
Correction, Section 5.3 of the report under the heading Landscaping, the last line should
read:-
and recommends conditions Nos. 3 and 121 to 130.
Correction, under the heading RECOMMENDATION
THAT
A. Development Application No. 1046/2007 for alterations and additions to existing
West Pennant Hills Sports Club including new car park and relocation of bowling
greens, tennis courts and cricket nets and erection of one sign be deferred.
B. The applicant be requested to provide a Security Management Plan to address the
potential for anti-social behaviour affecting neighbouring residents. Such plan is to
detail the strategies to be adopted to control noise and antisocial behaviour on the club
premises and within the immediate environs (Edward Bennett Oval and surrounding
streets) and is to be prepared in conjunction with Council and the NSW Police
Department for submission to the earliest available Planning Meeting.
C. Development Application No. 1046/2007 for alterations and additions to existing
West Pennant Hills Sports Club including new car park and relocation of bowling
greens, tennis courts and cricket nets and erection of one sign be considered in
conjunction with the submitted Security Management Plan and determined
accordingly.
Additional information with NO CHANGE to Recommendation
ITEM 12 F2007/00599-03 – Executive Manager’s Report No. PLN130/08 – Ku-ringgai
and Hornsby Subregional Employment Study
Executive Manager’s Report No. PLN130/08 presents the findings of the draft Ku-ring-gai
and Hornsby Subregional Employment Study and seeks endorsement of the Study for public
exhibition.

Items on Agenda for Planning Meeting No. 10/08 – 18 June 2008 Page 5
At a joint presentation of the draft Study at Ku-ring-gai Council on 3 June 2008, the
consultant was asked to clarify comments concerning the Dural Service Centre, contained
within Table Nos. 2, 42 and 45. It was noted that Table 2 (pg 20) and Table 45 (pg 192)
recommend the IN2 and B2 zones for Dural Service Centre. However, the notes provided as
commentary within the tables comment (in part) that:
“In order to introduce some additional variety of local service uses, a part of the
Dural Service Centre could be zoned B2 or B5.”
It was also noted that Table 42 (page 171) of the draft Study comments that:
“Recommended zoning for the Dural Service Centre is IN2 – Light Industrial. In
order to allow a wider range of uses a specific area could be set aside as B2 Local
Centre and/or B5 Business Development to permit additional desirable uses that are
not permissible in the IN2 zone.”
At the joint presentation the consultant gave an undertaking to review the notes within the
Tables in respect of their consistency with the Study’s recommendation of the application
template zones IN2 and B2. The consultant has reviewed the notes within the Tables and
provides the following comments in respect of SGS’s consideration of the B5 zone, in lieu of
the B2 zone recommended in the draft Study:
We recommend reinforcing the local service role of the Dural Service Centre-
broadening its local service function without jeopardising the economic growth of
centres that are better placed with respect to public transport infrastructure and
therefore better suited as employment destinations. We initially considered applying
an industrial zone to Dural Service Centre with additional permissible uses, and
another more conventional industrial zone to all other industrial areas in the Local
Government Area (LGA). We decided against this as one industrial zone applied to
all other industrial areas did not properly account for the different functions these
industrial areas perform. IN2 Light Industrial plus B5 Business Development zoning
was considered. A B5 zone was specifically considered as this would take account of
the existing mixed nature of activity within the Dural Service Centre (DSC).
There are three issues with applying a B5 zone at Dural Service Centre:
(i) The DSC context is very different to the locations where B5 is applied
elsewhere in the LGA;
(ii) The final range of permissible land uses (still to be determined) for the B5
zone may not support the intended range of service functions; and
(iii) Permissible uses under the B5 zone have the potential to draw trade from a
wide catchment, this is at odds with the poor public transport infrastructure
access at DSC.
Each of these issues is discussed below.
Other areas where the B5 zone is applied in the LGA are very different in character
and function from the DSC and it is difficult to imagine a scenario whereby the one
zoning could be applied to these areas and the Dural Service Centre. In particular
the use of additional zone objectives (to tailor the B5 zone for the needs of Hornsby

Items on Agenda for Planning Meeting No. 10/08 – 18 June 2008 Page 6
LGA) is likely to be compromised by the inclusion of disparate areas under the same
zoning.
Another key consideration in utilizing the B5 zoning is to ensure that application does
not detract from the viability of existing centres. A possible means of ensuring that
B5 zoned land performs a different economic role to existing centres is to limit the
range of permissible retail uses. Such restrictions are likely to result in a zone that is
not ideally suited to a local service function.
It is understood that the intention behind the B5 zone is to provide a more relaxed
planning framework that would permit opportunities for a range for office, warehouse
and retail development, in locations where this mix of use is appropriate. The zoning
would therefore permit a broad range of employment activities, including those with
relatively high employment densities. It follows then that application of the zoning
should be limited to those locations that are in, or near, existing centres, or are well
served by public transport.
For the purpose of consistency with the draft Study recommendations, Tables Nos. 2 and 45
have been reissued by the consultant without reference to the zone B5 in respect of the Dural
Service Centre. The commentary in both tables now reads:
“There is no zone within the Standard Instrument that, either through its objectives or
compulsory permissible land uses, reflects the current range of land uses permissible
under the Business E zoning that currently applies to the Dural Service Centre. The
recommended strategy for future zoning of this area would be to apply the IN2 zoning
and as far as is possible including as many permissible land uses in the zone that
would be desirable in this area, bearing in mind that these uses would then also be
permissible on all other IN2 zoned land. In order to introduce some additional
variety of local service uses, a part of the Dural Service Centre could be zoned B2
Local Centre. The area of land with commercial zoning should be limited so as not to
encourage significant additional employment and services in an ‘out of centre’
location. In addition to the permissible uses (with consent) in the LEP standard
instrument, we have added a range of additional retail and local service uses.
Additional zone objectives should be introduced to reflect the broader range of
anticipated uses.”
The comments within Table 43 have also been reissued for consistency and now read:
“Recommended zoning for the Dural Service Centre is IN2 – Light Industrial. In
order to allow a wider range of uses a specific area could be set aside as B2 Local
Centre to permit additional desirable uses that are not permissible in the IN2 zone.”
The reissued tables (copy attached) would form part of the Study should Council resolve to
progress the Study to exhibition.

Items on Agenda for Planning Meeting No. 10/08 – 18 June 2008 Page 7
PETER HINTON
Executive Manager
Planning Division
F2005/01146 - DA/1467/2006 - F2007/00599-03 - DA/1046/2007 - DA/1796/2007
Attachments: Item 5 Report prepared by Don Smith Planning Pty Ltd (15 pages)
Response prepared by Nexus Environmental Planning Pty Ltd
(4 pages)
Item 6 Amended 1 st Page of Report No. PLN123/08 (1 page)
Item 12 Revisions to table nos. 2, 42 and 43 (4 pages)