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EH1/16 and resolved inter alia to follow Strategic Direction4 of the Community and Cultural Facilities Strategic Plan and transition theexisting tenancies of Council’s owned pre-schools and kindergartens(“the subject portfolio”) to market based rents over a five yearphase in period. The fund provides annual payments to Council to implementthe management actions described in the biobanking agreement for each subjectsite. Seven submissions were for Waitara Creek Bushland andgenerally sought clarification of the Biobanking boundary. One submissionwas received for Arcadia Park Bushland and sought clarification on why ArcadiaTip was excluded from the proposal area. Arcadia Tip was excluded on thebasis that it does not fit the criteria for a Biobank site.
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The proposed on-site waste water treatment system and impacton the waterway was raised as a concern. Protection of the natural area between existing lots 3 and 4was raised as a concern. The proposal would have a minor positive impact on the localeconomy in generating an increase in demand for local services.
Complying development is a fast-tracked, streamlined form ofcombined planning and construction approval for specified types of developmentidentified and enabled through the Codes SEPP. Complying development canonly be undertaken if a set of prescribed numerical controls and developmentstandards are fully satisfied. Approvals can be issued by councils orprivate certifiers (certifying authority). A condition is recommended for the management of theAPZ required for future dwellings on the site to maintain the Rough-barkedApple – Forest Oak vegetation community within the APZ area. The access to the proposedlots along Calabash Bay for firefighting operations and evacuation could berestricted to ISLW tides in accordance with the independent assessment providedby MHL. Subject to recommended conditions the proposal is acceptablein respect to the HDCP desired outcomes for stormwater management toprotect waterways and maintain environmental flows.
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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 ownerof No. 17B Redgrave Road has indicated that this option does not meet theirexpectations of being able to access Arianna Avenue. Acquisition of a lesser area of land and construction of aminimum width vehicular carriageway to service No. 17B Redgrave Road may alsobe adequate. This could be by negotiation and purchase of the land butwould not be bound by the acquisition provisions of the Land Acquisition Act. Inclusion of a reservation in the HLEP and/or use of the acquisitionprovisions of the Land Acquisition Act can only be pursued ifacquisition is for a public purpose (i.e. a public road).

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.
Subject to recommended conditions the proposed developmentwould meet the HDCP desired outcome for landscaping. Subject to the implementation of sediment and erosioncontrol measures and stormwater management to protect water quality, theproposal would comply with the requirements of the Policy. The application proposes the construction of a part two andpart three storey industrial building containing 17 units, strata subdivision,signage and first use of the units. A certificate must be submittedto the PCA by a practicing landscape architect, horticulturalist or person withsimilar qualifications and experience certifying that all required landscapingworks have been satisfactorily completed in accordance with the approvedlandscape plans. The application is recommended for approval subject toconditions in Schedule 1 of this report. The proposed rear setbacks are acceptable with regard to theopen aspect of the adjoining school site and the existing screen planting alongthe boundary, as discussed in Section 2.9.6.

It isrecommended that Council continue to negotiate with each for new leases of amaximum term of 10 years, and that are generally reflectiveof the market valuations received and agreements reached with the otherkindergartens. In the preparation of this Report, Council has consultedwith each of the community preschools and kindergartens, external specialistproperty advisers and valuers and Council’s solicitors. Notwithstanding any resolution of Council, the kindergartensat Asquith (“Norwood”) and Hornsby Heights(“Grevillea”) are located on Crown land and requireMinister’s consent to enter into any new lease. Council’s solicitors were instructed to draft a“master lease”, which would form the base document to use indrafting individual lease for each property within the subject portfolio. Eachindividual lease would then take “into account the unique circumstancesof the asset and the pre-school provider”. At theGeneral Meeting of 9 March 2016, Council considered Group Manager’sReport No.
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 proposal generallycomplies with the requirements of the HDCP for industrial developmentincluding scale, setbacks, landscaping, open space, sunlight and vehicle accessand parking. The proposed developmentwould exceed the HLEP development standard for a maximum building heightof 14.5m. The applicant’s justification for non-compliance with thestandard is well founded in respect to Clause 4.6 of HLEP. The development constraints are adequately addressed by theproposal subject to recommended conditions.
The application includes an‘On-site Waste Water Management Report’ dated 7 September 2014prepared by Nyranie Consulting. The Project Arborist must ensurethat all the completed works have been carried out in compliance with theapproved plans and specifications for tree protection. Certification mustinclude a statement of overall site attendance, the condition of the retainedtrees, details of any deviations from the approved tree protection measures andtheir impacts on trees. Council’s assessment of the proposal concurs with theArboricultural Impact Assessment Report, subject to recommended conditions toenhance the locally significant Silvertop Ash – Scribby Gum Woodlandvegetation community and to protect existing trees to be retained. The building would appear oneand two storey at the street frontage and three storey at the rear.