to be used as a Boat Showroom, Boat Storage by cometjunkie58

VIEWS: 43 PAGES: 53

									CA/PDS/7883
DA2008/0875




 4.1         56 Myoora Road, Terrey Hills – Construction of Two Buildings
             to be used as a Boat Showroom, Boat Storage Facility and a
             Vehicle Repair Station

                    DEVELOPMENT APPLICATION ASSESSMENT REPORT

 Assessment Officer:                     Amy Sutherland
 Address / Property Description:         Lot 170, DP 752017, No. 56 Myoora Road, Terrey Hills

 Proposal:                               Demolition of existing glass houses and construction of
                                         two buildings to be used for the purposes of a boat
                                         showroom, boat storage facility & a boat repair/servicing
                                         facility.
 Development Application No:             DA2008/0875
 Plans Reference:                        Sheet 2, 3, 4, 5, 6, 7, 8 all Issue B dated 27.10.2008 and
                                         all prepared by The Sydney Design Company Pty Ltd
                                         Sheet 00 dated 07.07.2008 prepared by The Sydney
                                         Design Company Pty Ltd
 Applicant:                              Chris Tocchini
 Owner:                                  Salvatore Severino
 Application Lodged:                     16 June 2008
 Amended Plans:                          YES (28 October 2008)

 Locality:                               A4 Myoora Road
 Category:                               Category 2 (storage facility) and Category 3 (vehicle repair
                                         station, motor showroom)
 Clause 20 Variations:                   Not applicable to this development.
 Concurrences:                           Department of Environment an Climate Change (DECC)
 Land and Environment Court              NO
 Action:
 Referred to WDAP:                       YES - Cat 3
 Referred to ADP:                        NO

SUMMARY
 Submissions:                            One (1)
 Submission Issues:                      Size of the buildings, traffic problems and business hours.
 Assessment Issues:                      Impact on threatened species.
 Recommendation:                         Approval
 Attachments:                            Site Plan and Elevations and Pre-lodgement Notes


                 ITEM 4.1                                                                         Page 24
                       Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

LOCALITY PLAN (not to scale)




Subject Site:              Lot 170, DP 752017, No. 56 Myoora Road, Terrey Hills
Notification:              The application was advertised and notified in accordance with the
                           Environmental Planning and Assessment Regulation 2000, Warringah
                           Local Environmental Plan 2000 and Warringah Development Control
                           Plan. Twelve (12) adjoining property owners and occupiers were
                           notified of the application by letter. The application was advertised in
                           the Manly Daily newspaper on 8 November 2008. The exhibition
                           period was from 10 November 2008 to 9 December 2008. One
                           submission was received prior to the notification and exhibition of the
                           development application.

SITE DESCRIPTION

The site is known as Lot 170, DP 752017, No. 56 Myoora Road, Terrey Hills. The site is
rectangular in shape and has an area of 9,402 square metres. The site has a 35.5 metre frontage
to both Myoora Road and Mona Vale Road.

A two storey brick dwelling fronts Myoora Road. To the east of the dwelling the land is used as a
market garden. Several greenhouses and a metal shed are also located on the site.

The site is characterised by a gradual fall from Myoora Road to Mona Vale Road.




                 ITEM 4.1                                                                         Page 25
                       Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875


No significant vegetation is located on the site, however two mature individuals and one seedling of
Grevillea caleyi occur within an area of the road reserve between the property at No. 56 Myoora
Road and the kerbed edge of Myoora Road. The road reserve includes a degraded patch of
potential remnant Duffys Forest Ecological Community as indicated by the presence of Grevillea
caleyi in association with Silvertop Ash (Eucalyptus sieberi).         Grevillea caleyi is listed as
‘Endangered’ in the Commonwealth Environment Protection and Biodiversity Conservation Act
1999 and as ‘Endangered’ in Schedule 1 of the Threatened Species Conservation Act 1995.

A variety of land uses occur in the surrounding area including a school, retail plant nursery, temple,
reception centre and church. Housing is interspersed between these uses.

RELEVANT BACKGROUND

A pre-lodgement meeting was held on 21 May 2008. The applicant was advised at the pre-
lodgement meeting that a Species Impact Statement (SIS) was required to be submitted with the
development application.
The development application was lodged on 16 June 2008 without the required SIS. A letter was
sent to the applicant on 1 July 2008 advising that a SIS was required to be submitted within 21
days. The letter also requested that an acoustic report, preliminary contamination assessment and
details of the proposed fences and signs be submitted. An email was sent to the applicant on 25
July advising that details of the wastewater management system should be submitted.
Additional information was received on 17 July, 29 July and 7 August 2008. Amended plans and
additional information was received on 28 October 2008. The SIS was submitted on 28 October
2008. The application was not advertised and notified until after the SIS was received. An
amended SIS was received on 20 January 2009.
PROPOSAL IN DETAIL

The development application seeks consent for the construction of two buildings. One building is
to be used for the purposes of a boat repair and servicing facility and the other is to be used as a
boat showroom and a boat storage facility.
Specifically, the proposal involves the following;
•    Demolition of the existing glass houses.
•    Removal of sections of the existing driveway and the demolition of the carport adjoining the
     existing dwelling.
•    Construction of a predominantly single level building with a mezzanine level to be used as a
     boat showroom and a boat storage area. The floor area of the boat showroom is 251 square
     metres and the floor area of the boat storage area is 622 square metres. The mezzanine
     level is 100 square metres in area. The total floor area of the building is 973 square metres.
•    Construction of a boat servicing and repair and staff amenities building. The boat servicing
     and repair facility occupies an area of 139.5 square metres. A mezzanine of 85.5 square
     metres is proposed for staff amenities.
•    Provision of fifteen (15) carparking spaces comprised of; six (6) carparking spaces adjacent
     to the service area, six (6) carparking spaces (including two accessible spaces for people with
     a disability) adjacent to the proposed showroom building and three (3) carparking spaces
     within the boat showroom building.
•    Construction of two, attached 1.2 metre high x 2.4 metre long rendered masonry walls on
     which business identification signs will be affixed, on the southern side of the vehicular
     access along the northern boundary (facing Myoora Road).
•    Erection of a 1.1 metre x 2.15 metre business identification wall sign on the south east
     elevation of the boat showroom/storage building (facing Mona Vale Road).


                  ITEM 4.1                                                                         Page 26
                        Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

•    Installation of three 25 000 litre rainwater tanks.
•    Provision of a bitumen roadway.
•    Retention of the existing dwelling house.
The business which is to occupy the proposed premises currently operates at 1416 Pittwater Road,
North Narrabeen and is known as “Enterprise Marine”.

A maximum of thirty (30) boats will be stored in the boat storage / showroom area. The length of
the boats to be stored at the facility will range from 2.5 metres – 4 metres. A condition of consent
has been included in the draft recommendation to limit the number of boats stored on the site to 30
boats.

The uses on the site are proposed to operate between 8am and 5pm Monday to Friday and 8am to
4pm Saturday. The uses will not operate on Sundays and public holidays. Access to the site will
be locked outside these hours.

The Statement of Environmental Effects submitted with the application indicates that a maximum of
seven (7) staff will be employed on the site.

STATUTORY CONTROLS

a)   Environmental Planning and Assessment Act 1979
b)   Environmental Planning and Assessment Regulation 2000
c)   Environment Protection and Biodiversity Conservation Act 1999
d)   Threatened Species Conservation Act 1995
e)   State Environmental Planning Policy No.55 - Remediation of Land
f)   State Environmental Planning Policy No. 64 - Advertising and Signage
g)   Warringah Local Environment Plan 2000
h)   Warringah Development Control Plan
i)   Warringah Section 94A Developer Contributions Plan

EXTERNAL REFERRAL

NSW Rural Fire Service

The subject site is identified as bushfire prone land on Council’s Bushfire Hazard Map. The
application was referred to the Rural Fire Service in accordance with Section 79BA of the
Environmental Planning and Assessment Act 1979. The Rural Fire Service recommended several
conditions be included on the consent. All recommended conditions have been included in the
draft consent.

INTERNAL REFERRALS

Bushland and Biodiversity

Council’s Bushland and Biodiversity Officer has reviewed the proposal and provided the following
comments:

      ‘The Bushland and Biodiversity Team requested that the proponent of a proposal for a marine
      showroom and boat storage facility at 56 Myoora Rd, Terrey Hills prepare a Species Impact
      Statement to assist in the assessment of the development application. The proposal requires a
      driveway crossing the road reserve of Myoora Road to be widened from 6m to 10m. A narrow strip of
      disturbed and fragmented remnant vegetation is located on the road reserve extending approximately
      150m from 56 to 60 Myoora Road. Although highly disturbed, the vegetation is representative of the
      endangered ecological community, Duffys Forest which once occurred on the ridge-tops of the Terrey
      Hills and Duffys Forest localities. Two over-mature plants and two seedlings of the endangered plant
      Grevillea caleyi also occur within the road reserve vegetation – one seedling and two mature plants


                  ITEM 4.1                                                                         Page 27
                        Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

     are located at 56 Myoora Rd and a second seedling at 60 Myoora Rd. Both the Duffys Forest
     Ecological Community and Grevillea caleyi are listed as endangered on the NSW Threatened Species
     Conservation Act 1995 and Grevillea caleyi is also listed as endangered nationally on the
     Commonwealth Environment Protection and Biodiversity Conservation Act 1999.

     Although the driveway widening would not directly remove any Grevillea caleyi plants, the Bushland
     and Biodiversity Team has determined under S5A of the Environmental Planning and Assessment Act
     1979 that a significant effect to Grevillea caleyi is likely and requested that a Species Impact
     Statement accompany the development proposal. This determination was based on a consideration of
     indirect effects; the widened driveway would be within 40cm of a seedling, destroy soil seedbank and
     increase the risk of accidental destruction from vehicles, trampling, vegetation maintenance activities
     etc. in an already highly vulnerable location.

     Translocation Proposal

     The Department of Environment and Climate Change (DECC) does not encourage ex-situ
     conservation (translocation of plants and/or soil seedbank) when a threatened species can be
     conserved within its natural habitat, however, in this particular situation Bushland and Biodiversity is of
     the opinion that due to its size, isolation and disturbance the vegetation remnant may not sustainable
     in the long-term – even with sympathetic management. Furthermore the Recovery Plan for Grevillea
     caleyi (2004) proposes that for smaller remnants at risk of local extinction in the immediate future,
     translocation may be necessary to maintain these sites. To consider the translocation option further,
     Council met with DECC officers on site in August 2008. No opposition in principle was expressed at
     the meeting and it was agreed that a suitable recipient site would be a natural bushland area within
     Terrey Hills Public School directly across the road. The bushland contains at least 30 adult Grevillea
     caleyi plants, is fenced and managed in accordance with a vegetation management plan endorsed in
     2008 by the school Council and the DECC.

     Species Impact Statement

     The Species Impact Statement (SIS) was prepared for the applicant by Actinotus Ecological
     Consultants in accordance with the Director Generals’ Requirements of DECC. Bushland and
     Biodiversity has reviewed the SIS against a DECC checklist (see attached) and has determined that it
     has satisfactorily addressed the requirements. The translocation proposal is presented as the major
     amelioration measure in the SIS and comprises the following components:

     •    Topsoil to a depth of 100m of an area of approximately 40m² containing the two mature Grevillea
          caleyi plants and one seedling be translocated to the recipient site in accordance with the DECC
          Guidelines for the management of Duffys Forest Ecological Community Remnants: Soil
          Seedbank Translocation dated October 2007. This will result in the destruction of the two
          senescent Grevillea caleyi individuals
     •    Cuttings from the two senescent Grevillea caleyi individuals be propagated at Mt Annan
          Botanical Gardens or another suitable organisation for future replanting within the recipient site
     •    The Grevillea caleyi seedling adjacent to the two senescent Grevillea caleyi individuals be
          translocated complete with intact root/soil mass to the recipient site.

     The translocation of the topsoil will result in the destruction of the two senescent Grevillea caleyi
     individuals (and a small number of other indigenous plants; grasses, three sedges, two shrubs and
     two trees) however Bushland and Biodiversity believes that the harvesting of the soil seedbank
     surrounding these plants provides an optimal opportunity to increase the chances of long-term
     survival of the population by translocating it to a more sustainable site (the recipient site). Currently
     the population is at a high risk of local extinction, due to the senescent stage of the plants and
     vulnerability of the site to accidental destruction. Translocation of Duffys Forest soil seedbank has
     occurred at three other locations in Warringah resulting in the successful regeneration of a large
     percentage of donor site indigenous plants at the recipient sites. Translocation of soil seedbank
     containing Grevillea caleyi seed has not yet been trialled.

     In conclusion, subject to recommendations below, Bushland and Biodiversity supports the
     development proposal which requires the translocation of soil seedbank and destruction of two
     Grevillea caleyi plants and a small number of other indigenous plants for the following reasons:




                  ITEM 4.1                                                                         Page 28
                        Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875


      1.   Due to its size, isolation and disturbance the road reserve remnant at 56 Myoora Rd is not
           sustainable in the long-term – even with sympathetic management.
      2.   Translocation of the soil seedbank adjacent to an existing Grevillea caleyi population in a secure
           site such as Terrey Hills Public School is likely to increase its long-term ecological integrity and
           function
      3.   The translocated soil seedbank can be managed for its conservation values as a part of the
           ongoing bushland restoration program undertaken by Council with the support of DECC and the
           school at the recipient site and will be benefited by a reduction in “edge effects”.

      Recommendations

      Should Council approve the development proposal, Council request the concurrence of the Director
      General of DECC with the recommended consent conditions to be devised.

      Owners consent be sought from the Department of Education for the translocation to occur at Terrey
      Hills Public School.

      Following the translocation the road reserve be restored with turf.
      The applicant is to prepare a translocation and monitoring management plan in accordance with the
      following;
      •     DECC Guidelines for the Management of Duffys Forest Ecological Community Remnants: Soil
            Seedbank Translocation dated October 2007
      •     Appendix 5 of the SIS: Protocols for the translocation of Grevillea caleyi to be approved by
            Bushland and Biodiversity.’

Part B of the recommendation of this report requires the applicant to prepare a ‘translocation and
monitoring management plan’ which is to be approved by Council. The plan is to be prepared prior
to the referral of the application to the DECC for concurrence.

Part C of the recommendation of this report requires Council to forward the application to the
Director-General of the DECC for concurrence, if the Warringah Development Assessment Panel
recommend the approval of the application.

Part D of the recommendation of the report requires owners consent to be provided from the
Department of Education for the translocation of the soil seedbank and Grevillea caleyi seedling to
the Terrey Hills Public School site prior to the approval of the application.

A condition of consent has been included to require the portion of the road reserve which is
disturbed by the proposed works to be turfed immediately after the completion of the driveway
widening works and the soil seedbank translocation works.

Environmental Health and Protection

Council’s Environmental Health Officer has reviewed the application and provided the following
advice;

     ‘I have reviewed the Phase 1 Preliminary Environmental Site Assessment prepared by David Lane
     Associates dated 6 August 2008 and concur with the findings that the site is suitable for its proposed
     use with regard to potential contamination.

     Due to the lack of sewer services, EH&P recommend the applicant bund all areas in and around the
     service bays which are to drain to an adequately sized/constructed holding tank which will require
     pump out as necessary. A condition has been recommended in this regard.

     It is not clear whether the applicant intends to install fuel filling facilities at the premises, however I
     have included conditions that can be removed if these services will not be provided.’

As the application does not indicate any fuel filling facilities will be provided on site, these
conditions have not been included in the draft consent. All other relevant conditions have been
included in the draft consent.

                   ITEM 4.1                                                                         Page 29
                         Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875


Landscape Assessment

Council’s Landscape Officer reviewed the original proposal and advised the following;

      ‘The landscape plan provided indicates a narrow planted area to Mona Vale Road, which does not
      satisfy the landscape requirement of the A4 Myoora Road locality statement. It is also noted that the
      site is indicated as fire prone, however, the intent of the LEP can still be met whilst complying with
      Planning for Bushfire requirements via condition drafted below.’

The applicant was advised to amend the landscape plan to provide additional plantings within the
setback to Mona Vale Road without compromising the proposal’s compliance with the
requirements of Planning for Bushfire Protection 2006.

Council’s Landscape Officer reviewed the amended landscape plan and raised no objections
subject to a number of conditions being included in the consent. All recommended conditions have
been included in the draft consent.

Development Engineers

Council’s Development Engineers reviewed the proposal and advised that the proposed drainage
works within the Roads and Traffic Authority (RTA) controlled roadway of Myoora Road require
written approval from the RTA and that the stormwater drainage plan is to be amended to provide
on-site detention storage of 155 cubic metres, as calculated in the design.
The applicant was advised on 10 October 2008 that these issues are to be addressed prior to the
approval of the application.
A letter from the RTA regarding the proposed drainage works in the road reserve was submitted to
Council on 7 November 2008.
Council’s Engineers reviewed the amended information submitted to Council and advised that the
amended stormwater plans are satisfactory subject to conditions. All recommended conditions
have been included in the draft consent.
Council’s Development Engineers also advised that all drainage works in Myoora Road are to be
carried out in accordance with the RTA’s requirements which were outlined in the letter from the
RTA to TJ Taylor Consultant Pty Ltd dated 29 October 2008. A condition has been included in the
draft consent in this regard.

Traffic Engineers

Council’s Traffic Engineer has reviewed the application and the Traffic and Parking Impact
Assessment Report dated 11 June 2008 prepared by Ray Dowsett Traffic and Transport Planning
Pty Ltd. No objections were raised to the proposal subject to a condition being included on the
consent requiring the applicant to apply for the approval of the Warringah Traffic Committee for the
installation of a 10 metre no parking restriction on either side of the proposed driveway in Myoora
Road. The recommended condition has been included in the draft consent.

NOTIFICATION & SUBMISSIONS RECEIVED

The application was advertised and notified in accordance with the Environmental Planning and
Assessment Regulation 2000, Warringah Local Environmental Plan 2000 (WLEP 2000) and
Warringah Development Control Plan following the receipt of the Species Impact Statement.
Twelve (12) adjoining property owners and occupiers were notified of the application by letter. The
application was advertised in the Manly Daily newspaper on 8 December 2008 May 2008. The
exhibition period was from 10 November 2008 to 9 December 2008.




                  ITEM 4.1                                                                         Page 30
                        Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

One submission was received. The submission was received after the development application
was lodged but prior to the commencement of the exhibition period. The submission was from J &
E Baraclough of No. 64 Myoora Road, Terrey Hills. The issues raised in the submission and a
comment on each issue is provided below;

Size of the building

The objection related to the size of the building however the objector did not indicate whether they
had any specific concerns related to the size of the building.

Comment: The development has been found to be consistent with the desired future character
statement which requires ‘articulated building forms, generous landscaped spaces around
buildings and building materials that blend with the colours and textures of the natural landscape’
and the buildings comply with all relevant built form controls, including the building height and
setback controls. Landscaping is proposed around the buildings to screen and soften views from
the road and adjoining properties of the buildings. For these reasons, the size of both proposed
buildings is considered appropriate.

Traffic problems

Concern was raised regarding right hand turn manoeuvres of vehicles leaving the site due to the
curves and dips in the road. The submission suggested that all vehicles should only be able to
turn left when exiting the site. Concerns were also raised that the development would bring even
more outside traffic into a quiet suburb.

Comment: A Traffic and Parking Impact Assessment dated 11 June 2008 and prepared by Ray
Dowsett Traffic and Transport Planning Pty Ltd was submitted with the application. The Report
addresses access arrangements and concludes the following;

      ‘It is concluded that the existing and proposed vehicle access driveway arrangements meet
      or exceed the minimum requirements in AS/NZS 2890.1:2004/ AS2890.2-2002 and will
      provide for the safe and efficient movement of vehicles between the site and Myoora Road.’

Council’s Traffic Engineer has reviewed the Traffic Report and the proposed development and
raised no concerns regarding the egress movements from the site onto Myoora Road.

As no concerns have been raised by either Ray Dowsett Traffic and Transport Planning Pty Ltd or
Council’s Traffic Engineer regarding vehicles turning right as they exit the site or the increase in the
number of vehicles accessing the site, the access arrangements and traffic impacts are considered
reasonable.

Business hours

Concern was raised that the business will operate seven days a week and vehicle movements will
occur at very early and very late hours.

Comment: The Statement of Environmental Effects submitted with the application indicates that
the uses on the site are proposed to operate between 8am and 5pm Monday to Friday and 8am to
4pm Saturday. The uses will not operate on Sundays and public holidays. Access to the site will
be locked outside these hours. A condition has been included in the draft consent in this regard.

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999

Grevillea caleyi is listed as ‘Endangered’ in the Environment Protection and Biodiversity
Conservation Act 1999 (EPBC Act).




                  ITEM 4.1                                                                         Page 31
                        Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875


Section 18 of the EPBC Act states that a person must not take an action that:
     (a) has or will have a significant impact on a listed threatened species included in the
     endangered category; or
     (b) is likely to have a significant impact on a listed threatened species included in the
     endangered category.
In accordance with the EPBC Act a ‘controlled action’ as described in Section 18 is prohibited
unless an approval is obtained under Part 9 of the Act. In order to determine whether an ‘action’ is
a ‘controlled action’ a referral may be made to the Minister of the Commonwealth Department of
Environment, Water Resources, Heritage and the Arts.

The Species Impact Statement (SIS) for Grevillea Caleyi and the Duffys Forest Ecological
Community at 56 Myoora Road, Terrey Hills, prepared by Actinotus Environmental Consultants
dated November 2008 and amended in January 2009, addresses criteria established to determine
whether the proposed ‘actions’ will have, or are likely to have, a significant impact on an
endangered species and therefore whether the proposed ‘actions’ will require a referral to the
Minister of the Commonwealth Department of Environment, Water Resources, Heritage and the
Arts.

The SIS concludes;

      ‘It is the view of Actinotus Environmental Consultants that the proposed action of widening
      the driveway by a distance of 3.1m resulting in the removal of a small section of Road
      Reserve at Lot 170, No.56 Myoora Road, Terrey Hills, is minor in its effect on a threatened
      species, particularly as proposed compensatory procedures are undertaken and referral to
      the Commonwealth Department of Environment, Water Resources, Heritage and the Arts
      would not be necessary.’

Council’s Bushland and Biodiversity Officer has reviewed the SIS and raised no objections to the
conclusions reached by Actinotus Environmental Consultants.

Based on the advice of the applicant’s Ecological Consultant and Council’s Bushland and
Biodiversity Officer it is considered that the proposed work is not a ‘controlled action’ under the
EPBC Act and therefore a referral to the Minister and an approval under Part 9 of the Act is not
required.

THREATENED SPECIES CONSERVATION ACT 1995

Grevillea caleyi and the Duffys Forest Ecological Community in the Sydney Basin Bioregion are
listed as ‘Endangered’ in Schedule 1 of the Threatened Species Conservation Act 1995 (TSC Act).

A Species Impact Statement (SIS) for Grevillea Caleyi and Duffys Forest Ecological Community at
56 Myoora Road, Terrey Hills prepared by Actinotus Environmental Consultants dated November
2008, and amended in January 2009, has been submitted. The SIS has been prepared in
accordance with the provisions of Section 109 – 113 of the TSC Act.

In accordance with Section 111 of the TSC Act, the SIS addresses the Director General
Requirements which were issued on 24 September 2008.

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

Section 5A - Significant effect on threatened species, populations or ecological
communities, or their habitats




                  ITEM 4.1                                                                         Page 32
                        Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875


Section 5A of the Environmental Planning and Assessment Act 1979 states the following;

(1) For the purposes of this Act and, in particular, in the administration of sections 78A, 79B, 79C,
    111 and 112, the following must be taken into account in deciding whether there is likely to be a
    significant effect on threatened species, populations or ecological communities, or their
    habitats:
    (a) each of the factors listed in subsection (2),
    (b) any assessment guidelines.

(2) The following factors must be taken into account in making a determination under this section:
    (a) in the case of a threatened species, whether the action proposed is likely to have an
        adverse effect on the life cycle of the species such that a viable local population of the
        species is likely to be placed at risk of extinction,
    (b) in the case of an endangered population, whether the action proposed is likely to have an
        adverse effect on the life cycle of the species that constitutes the endangered population
        such that a viable local population of the species is likely to be placed at risk of extinction,
    (c) in the case of an endangered ecological community or critically endangered ecological
        community, whether the action proposed:
        (i) is likely to have an adverse effect on the extent of the ecological community such that its
             local occurrence is likely to be placed at risk of extinction, or
        (ii) is likely to substantially and adversely modify the composition of the ecological
             community such that its local occurrence is likely to be placed at risk of extinction,
    (d) in relation to the habitat of a threatened species, population or ecological community:
        (i) the extent to which habitat is likely to be removed or modified as a result of the action
             proposed, and
        (ii) whether an area of habitat is likely to become fragmented or isolated from other areas of
             habitat as a result of the proposed action, and
        (iii) the importance of the habitat to be removed, modified, fragmented or isolated to the
             long-term survival of the species, population or ecological community in the locality,
    (e) whether the action proposed is likely to have an adverse effect on critical habitat (either
        directly or indirectly),
    (f) whether the action proposed is consistent with the objectives or actions of a recovery plan
        or threat abatement plan,
    (g) whether the action proposed constitutes or is part of a key threatening process or is likely to
        result in the operation of, or increase the impact of, a key threatening process.

A Species Impact Statement (SIS) for Grevillea Caleyi and Duffys Forest Ecological Community at
56 Myoora Road, Terrey Hills prepared by Actinotus Environmental Consultants dated November
2008 and amended in January 2009 has been submitted. The SIS includes an assessment of the
proposal against each of the factors listed in Section 5A.

Council’s Bushland and Biodiversity Officer reviewed the proposal and determined under Section
5A of the Environmental Planning and Assessment Act 1979 that a significant effect to Grevillea
calyei is likely. Accordingly a SIS was requested. A SIS for Grevillea caleyi and Duffys Forest
Ecological Community at No. 56 Myoora Road, Terrey Hills prepared by Actinotis Environmental
Consultants was submitted.

Council’s Bushland and Biodiversity Officer has reviewed the proposal and raised no objections to
the proposed translocation of topsoil in the road reserve and a Grevillea caleyi seedling to an
existing patch of the Duffys Forest Ecological Forest Community at Terrey Hills Public School,
which was recommended in the SIS.




                  ITEM 4.1                                                                         Page 33
                        Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875


Section 79B Consultation and concurrence—threatened species
In accordance with Section 79B of the Environmental Planning and Assessment Act 1979,
development consent cannot be granted for:
(a) development on land that is, or is a part of, critical habitat, or
(b) development that is likely to significantly affect a threatened species, population, or ecological
    community, or its habitat,
     without the concurrence of the Director-General of National Parks and Wildlife or, if a Minister
    is the consent authority, unless the Minister has consulted with the Minister administering the
    Threatened Species Conservation Act 1995.

In accordance with this section, Part C of the recommendation requires the application to be
referred to the Department of Environment and Climate Change for concurrence if the application
is to be reported to the General Manager with a recommendation for approval.

Section 79C Evaluation

The relevant matters for consideration under Section 79C of the Environmental Planning and
Assessment Act 1979 are;

   Section 79C 'Matters for Consideration'                                      Comments
Section 79C (1) (a)(i) – Provisions of any          See discussion on “State Environmental Planning Policy No. 55 –
environmental planning instrument                   Remediation of Land”, “State Environmental Planning Policy No.64 –
                                                    Advertising and Signage” and “Warringah Local Environmental Plan
                                                    2000” in this report.
Section 79C (1) (a)(ii) – Provisions of any draft   No draft environmental planning instruments apply to the proposed
environmental planning instrument                   development.
Section 79C (1) (a)(iii) – Provisions of any        The application was advertised and notified in accordance with
development control plan                            Warringah Development Control Plan.
Section 79C (1) (a)(iiia) - Provisions of any       None applicable.
Planning Agreement or Draft Planning
Agreement
Section 79C (1) (a)(iv) - Provisions of the         In accordance with Clause 5(1) of the Environmental Planning and
regulation                                          Assessment Regulation 2000 (EP&A Regulation) threatened species
                                                    development is advertised development.           The development
                                                    application has been advertised in accordance with the advertising
                                                    requirements of Division 7 of the EP&A Regulation.

                                                    Clause 59 of the EP&A Regulation states that after a consent
                                                    authority receives a development application requiring concurrence,
                                                    the consent authority;

                                                    (a) must forward a copy of the application (together with all
                                                         accompanying documentation) to the concurrence authority
                                                         whose concurrence is required, and
                                                    (b) must notify the concurrence authority in writing of the basis on
                                                         which its concurrence is required and of the date of receipt of
                                                         the development application, and
                                                    (c) if known at that time, must notify the concurrence authority in
                                                         writing of the dates of the relevant submission period or periods
                                                         if the application is to be publicly notified under section 79 or
                                                         79A of the Act.

                                                    In a letter to Council dated 25 September 2008, the Department of
                                                    Environment and Climate Change advised that this process must be
                                                    followed should the consent authority decide that the proposal is
                                                    likely to have a significant effect on a threatened species, population
                                                    or ecological community and Council has decided to grant consent to
                                                    the application. As such, the recommendation of this report requires
                                                    the assessment report, draft conditions and the findings of the
                                                    Warringah Development Assessment Panel to be forwarded to the
                                                    Department of Environment and Climate Change for concurrence
                                                    prior to approval, if WDAP supports the recommendation of this
                                                    report for the approval of the application.


                     ITEM 4.1                                                                         Page 34
                           Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

    Section 79C 'Matters for Consideration'                                      Comments

                                                    Clause 98 of the EP&A Regulation states that a prescribed condition
                                                    of consent is that the development is to comply with the Building
                                                    Code of Australia (BCA). A condition has been included in the
                                                    recommendation to ensure that the proposal complies with the BCA.

Section 79C (1) (b) – The likely impacts of the     (i) The environmental impacts of the proposed development on the
development, including environmental                    natural and built environment including the impact of the
impacts on the natural and built environment            proposed development on the Grevillea caleyil located in the road
and social and economic impacts in the                  reserve, are addressed in detail under the General Principles of
locality                                                Development Control in this report and are found to be
                                                        acceptable and reasonable.

                                                    (ii) The proposed development will not have a detrimental social
                                                         impact in the locality considering a business use is proposed
                                                         within the A4 Myoora Road            locality which provides an
                                                         environment for low intensity business, community and leisure
                                                         uses. The use will not result in any unreasonable visual,
                                                         acoustic, environmental or traffic impacts and will not therefore
                                                         adversely impact on the local community.

                                                    (iii)The proposed development will not have a detrimental economic
                                                         impact on the locality considering the use is considered to be a
                                                         low intensity business use that does not rely on passing trade for
                                                         its continued operation.
Section 79C (1) (c) – The suitability of the site   The site is identified as bushfire prone land and a species listed as
for the development                                 ‘endangered’ in the Threatened Species Conservation Act 1995 is
                                                    located in the road reserve and will be impacted on by the proposed
                                                    driveway widening works. The site is not constrained by any other
                                                    factors such as topography, trees or rock outcrops or water courses,
                                                    therefore subject to the imposition of the conditions recommended
                                                    by the Rural Fire Service, a condition ensuring that the proposed
                                                    translocation works occur and the provision of adequate drainage,
                                                    the site is considered suitable for the proposed development.
Section 79C (1) (d) – Any submissions made          One submission has been received. The issues raised in the
in accordance with the EPA Act or EPA Regs          submission are addressed under ‘Notification and Submissions
                                                    Received” in this report. In summary, the issues raised in the
                                                    submission do not warrant the refusal of the application or any
                                                    further amendment to the proposal.
Section 79C (1) (e) – The public interest           The proposal is in the public interest as the development is generally
                                                    consistent with the planning controls which apply to the site, it will
                                                    provide for the conservation of an endangered/threatened species
                                                    and the proposal will not result in any unacceptable amenity impacts
                                                    on the surrounding properties.

State Environmental Planning Policies

State Environmental Planning Policy No. 55 – Remediation of Land

Clause 7(1)(a) of State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55)
and Clause 48 of WLEP 2000 state that a consent authority must not consent to the carrying out of
any development on land unless;

•     It has considered whether the land is contaminated, and
•     If the land is contaminated, it is satisfied that the land is suitable in its contaminated state for
      the purpose for which the development is proposed to be carried out, and
•     If the land requires remediation to be made suitable for the development proposed to be
      carried out, it is satisfied that the land will be remediated before the development is carried
      out.

A Phase 1 Preliminary Environmental Assessment prepared by David Lane Associates dated 6
August 2008 was received by Council on 7 August 2008. The concluding comment was amended
by David Lane Associates in a letter dated 12 August 2008 and is as follows;


                     ITEM 4.1                                                                         Page 35
                           Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

        The site complies with the appropriate site assessment criteria Table 5a Column A –
        Residential with Accessible Soils, of the National Environmental Protection (Assessment of
        Site Contamination) Measure (NEPM) 1999 and the NSW EPA Guidelines for Assessing
        Service Station Sites 1994.

        It is the opinion of David Lane Association that the Site is considered suitable for the
        proposed development, consistent with Council zoning.

Council’s Environmental Health Officer has reviewed the Phase 1 Report and raised no objections
to the findings of the report.

State Environmental Planning Policy No. 64 - Advertising and Signage
The following three signs are proposed;
•      Construction of two, attached 1.2 metre high x 2.4 metre long rendered masonry walls on
       which business identification signs will be affixed, on the southern side of the vehicular
       access along the northern boundary (facing Myoora Road).
•      Erection of a 1.1metre high x 2.15 metre long business identification wall sign on the south
       east elevation of the building (facing Mona Vale Road).
Clause 8 of SEPP 64 states the following;
       ‘A consent authority must not grant development consent to an application to display signage
       unless the consent authority is satisfied:
       (a)     that the signage is consistent with the objectives of this Policy as set out in clause 3 (1)
               (a), and
       (b)     that the signage the subject of the application satisfies the assessment criteria specified
               in Schedule 1.’
The objectives under Clause 3(1)(a) are to ensure that signage; is compatible with the desired
amenity and visual character of an area, provides effective communication in suitable locations,
and is of high quality design and finish.
The proposed signage is of a size that is appropriate for the scale of the development and is
consistent with signage provided on other developments within the locality. The signage is in a
location that is readily visible for pedestrians or people entering the site in a vehicle.
The consistency of the proposed signage with the objectives under Clause 3(1)(a) is considered in
more detail within the following assessment of the proposal against the criteria in Schedule 1 of
SEPP 64;

1      Character of the area

Control                                  Comments                                                    Consistency
                                                                                                     with Control
Is the proposal compatible with the      The subject site is located within the A4 Myoora Road       Yes
existing or desired future character     locality, which is primarily a non-urban area.
of the area or locality in which it is
proposed to be located?                  Within this locality a number of the uses listed as
                                         Category 1 such as retail plant nurseries, would require
                                         signage along the street frontage. Accordingly, it is not
                                         unreasonable to provide signage along the Myoora Road
                                         street frontage. The desired future character statement
                                         for the A4 Myoora Road locality states that only small,
                                         non obtrusive and non-illuminated signs that identify the
                                         use of a site are to be visible from Mona Vale Road.
                                         Signs that are designed of such size, height or visual
                                         appearance so as to attract passing trade will not be
                                         permitted. The desired future character statement also
                                         requires all signs to be in keeping with the colour and
                                         textures of the natural landscape.



                       ITEM 4.1                                                                         Page 36
                             Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

Control                                Comments                                                       Consistency
                                                                                                      with Control
                                       The proposed wall sign on the eastern elevation will not
                                       attract passing trade as the sign will be screened by a
                                       30m wide landscaped buffer and the dimensions of the
                                       sign are not large enough to attract passing trade. The
                                       sign dos not project from the building which further
                                       reduces the potential for the sign to attract passing trade.
                                       The two signs on the southern side of the vehicular
                                       crossing along the northern boundary are considered to
                                       be appropriate given the need to identify the site for
                                       passing motorists and the size of other signs along
                                       Myoora Road.
                                       It is therefore considered that the proposed signage is
                                       compatible with the desired future character of the
                                       locality.
Is the proposal consistent with a      The proposal is considered consistent with signage on          Yes
particular theme for outdoor           other developments within the locality and with the
advertising in the area or locality?   signage requirements in the desired future character
                                       statement of the A4 Myoora Road locality.

2      Special areas
Control                                Comments                                                       Consistency
                                                                                                      with Control
Does the proposal detract from the     The proposed signage is not within the vicinity of any         Yes
amenity or visual quality of any       heritage items or conservation areas.
environmentally sensitive areas,
heritage areas, natural or other       It is considered that the proposed signage will not detract
conservation areas, open space         from the amenity or visual quality of the nearby public
areas,      waterways,        rural    open space. The signs along the Myoora Road frontage
landscapes or residential areas.       are consistent with other signage in the local area and
                                       are not therefore considered to detract from the character
                                       of the locality.

3      Views and vistas

Control                                Comments                                                       Consistency
                                                                                                      with Control
Does the proposal obscure or           The proposed signs will be affixed to the building or reach    Yes
compromise important views?            a maximum height of 1.2m above ground level. The sites
                                       will not therefore impact on any important views or vistas.
Does the proposal dominate the         The proposed signage will be affixed to the building or        Yes
skyline and reduce the quality of      reach a maximum height of 1.2m above ground level and
vistas?                                will not therefore result in any changes to the skyline or
                                       quality of vistas.

Does the proposal respect the          The proposed signage does not obstruct viewing rights of       Yes
viewing      rights of   other         other advertisers in the vicinity.
advertisers?

4      Streetscape, setting or landscape
Control                                Comments                                                       Consistency
                                                                                                      with Control
Is the scale, proportion and form      The scale, proportion and forms of the proposed signage        Yes
of the proposal appropriate for the    are appropriate given the scale of the development and
streetscape, setting or landscape?     the uses proposed.

Does the proposal contribute to        The proposed signage provides business identification for      Yes
the visual interest of the             the subject premises.           The signage provides an
streetscape, setting or landscape?     appropriate level of visual interest.

Does the proposal reduce clutter       Only one sign is proposed on the building and two other        Yes
by rationalising and simplifying       signs are proposed along the boundary adjoining Myoora
existing advertising?                  Road. Accordingly, the number of signs is considered


                      ITEM 4.1                                                                         Page 37
                            Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

Control                                 Comments                                                       Consistency
                                                                                                       with Control
                                        appropriate given the size of the site and the scale of the
                                        building. It is considered that the proposal does not result
                                        in any ‘visual clutter’.

Does     the   proposal      screen     The proposed signage does not screen any unsightly part        N/A
unsightliness?                          of the building.

Does the proposal protrude above        The proposed signage will not protrude above the               Yes
buildings, structures or tree           existing building or tree canopies in the area.
canopies in the area or locality?


5      Site and building
Control                                 Comments                                                       Consistency
                                                                                                       with Control
Is the proposal compatible with the     The scale of the proposed signage is considered to be          Yes
scale, proportion and other             appropriate for the size of the site and the proposed
characteristics of the site or          building and facade to which it is to be affixed.
building, or both, on which the
proposed signage is to be
located?

Does     the    proposal  respect       The proposed signage is integrated with the building           Yes
important features of the site or       design and does not detract from any important features
building, or both?                      of the site or the building.
Does      the     proposal     show     The proposed signage is of a standard form. The design         Yes
innovation and imagination in its       is considered satisfactory for the intended identification
relationship to the site or building,   purposes.
or both?

6      Associated devices and logos with advertisements and advertising structures

Control                                 Comments                                                       Consistency
                                                                                                       with Control
Have      any     safety    devices,    No safety devices, platforms, lighting devices (apartment      N/A
platforms, lighting devices or logos    from night time illumination) are to be incorporated as
been designed as an integral part       part of the signage.
of the signage or structure on
which it is to be displayed?

7      Illumination

Control                                 Comments                                                       Consistency
                                                                                                       with Control
Would illumination       result    in   The plans do not indicate that the signs will be               Yes, subject to
unacceptable glare?                     illuminated. A condition has been included in the draft        conditions.
                                        consent to advise that the signage is not to be
Would illumination affect safety for    illuminated.
pedestrians, vehicles or aircraft?
Would illumination detract from the
amenity of any residence or other
form of accommodation?
Can     the    intensity   of   the
illumination    be    adjusted,   if
necessary?
Is the illumination subject to a
curfew?




                      ITEM 4.1                                                                         Page 38
                            Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875


8      Safety

Control                                Comments                                                     Consistency
                                                                                                    with Control
Would the proposal reduce the          The size of the proposed signs and the location of the       Yes
safety for any public road?            signage will ensure that the signage will not reduce the
                                       safety of a public road.
Would the proposal reduce the          The proposed signage will not project over public space      Yes
safety     for   pedestrians      or   and therefore will not reduce the safety of pedestrians or
bicyclists?                            bicyclists.
Would the proposal reduce the          The proposed signage will not obscure sightlines along       Yes
safety for pedestrians, particularly   the footpath and the road. The development is not
children, by obscuring sightlines      considered to reduce the safety of pedestrians.
from public areas?

Based on the above assessment, the proposed signage is considered to be consistent with the
assessment criteria specified in Schedule 1 as required by Clause 8(b) of SEPP 64. The findings
of the above assessment also demonstrate the proposal is consistent with the objectives under
Clause 8(a) of SEPP 64.

As the proposal meets the requirements of Clause 8(a) and (b) of SEPP 64, consent may be
granted for the proposed signage.

State Environmental Planning Policy (Infrastructure) 2007

Clause 45 of SEPP Infrastructure requires the consent authority to give written notice to the
electricity supply authority for the area in which the development is to be carried out, inviting
comments about potential safety risks, and take into consideration any response to the notice that
is received within 21 days after the notice is given, for development comprising or involving any of
the following;
•      the penetration of ground within 2m of an underground electricity power line or an electricity
       distribution pole or within 10m of any part of an electricity tower.
•      development carried out; within or immediately adjacent to an easement for electricity
       purposes (whether or not the electricity infrastructure exists), or immediately adjacent to an
       electricity substation, or within 5m of an exposed overhead electricity power line.
The proposed driveway works are within 5 metres of an exposed overhead electricity power line.
The application has therefore been referred to EnergyAustralia. No referral comments have yet
been received from EnergyAustralia. In accordance with Part E of the recommendation any
comments received by EnergyAustralia, within 21 days from the date the application was referred
to EnergyAustralia, will be taken into consideration prior to the application being determined by the
General Manager.

STATUTORY CONTROLS

Warringah Local Environmental Plan 2000

Desired Future Character

The subject site is located in the A4 Myoora Road Locality under Warringah Local Environmental
Plan 2000. The Desired Future Character Statement for this locality is as follows:

          The Myoora Road locality will provide an environment for low intensity business,
          community and leisure uses which do not rely on exposure to passing trade for their
          continued operation. Along Mona Vale Road a dense bushland buffer will be
          established.


                      ITEM 4.1                                                                         Page 39
                            Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

       New development or further intensification of existing development will provide safe
       vehicular access to the satisfaction of the Council and the Roads and Traffic Authority.
       Signs will not be permitted where they are visible from Mona Vale Road.
       Only small, non obtrusive and non illuminated signs that identify the use of a site are to be
       visible from Mona Vale Road. Signs that designed of such size, height, or visual
       appearance so as to attract passing trade will not be permitted. All signs are to be in
       keeping with the colour and textures of the natural landscape.

       Articulated building forms, generous landscaped spaces around buildings and building
       materials that blend with the colours and textures of the natural landscape will be used to
       minimise the visual impact of development on long distance views of the locality.

The application seeks consent for a boat showroom, boat repairs and servicing facility and a boat
storage facility. The definition of a ‘motor showroom’ in the dictionary of WLEP 2000 includes a
boat showroom. The storage facility is a Category Two development as the use is not prohibited or
listed as a Category One or Category Three use. The boat repairs and servicing facility falls under
the definition of a “vehicle repair station”. Motor vehicle showrooms and vehicle repair stations are
identified as Category Three development in the A4 Myoora Road locality.

Pursuant to Clause 12(3)(b) of WLEP 2000, before granting consent for development classified as
Category Two and Category Three, the consent authority must be satisfied that the development is
consistent with the desired future character described in the relevant locality statement.

An analysis of the various relevant components of the Desired Future Character of the A4 Myoora
Road locality is as follows;

The Myoora Road locality will provide an environment for low intensity business,
community and leisure uses which do not rely on exposure to passing trade for their
continued operation.
Generally, the intensity of a business use is determined by the size, scale and extent of the
activities associated with the built form of the proposed development and the operation of the
business being conducted within the building or place.
The term “low intensity” is not defined in WLEP 2000. However, in the matter of Vigor Master P/L v
Warringah Council [NSWLEC 1128], Commissioner Hussey gave weight to the evidence of the
Council Planner who sought to give meaning and understanding to the term “intensity”. In this
regard, the following characterisation was given:
     “Intensity: is commonly used to identify the nature of the proposal in terms of its size and
     scale and the extent of the activities associated with the proposal. Therefore, “low intensity”
     would constitute a development which has a low level of activities associated with it.
The Commissioner made the important observation that “any development must also satisfy a
qualitative assessment as well as the quantitative controls so as to achieve a reasonable degree of
consistency with the DFC for the locality”.
Further to the background information above, a “low intensity business use” is a business which
would be typified by having a low level of activities associated with it. The extent of activities
associated with the operation of a business is largely determined by the following:
•    The amount of traffic movements (cars, delivery and service vehicles),
•    The number of pedestrian movements (internal and external),
•    The physical size of the business (floorspace, height, scale, building footprint, amount of
     landscaping),
•    The hours of operation of a business,
•    The noise generation of the business,
•    The light emitted by the business (internal, floodlighting and signage).



                 ITEM 4.1                                                                         Page 40
                       Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

The following assessment provides a detailed planning analysis of the issue of “low intensity” as it
relates to the proposed development;
•   A total of 15 carparking spaces are proposed to cater for the proposed uses. The following
    table illustrates that the proposed uses require fewer carparking spaces than other approved
    ‘low intensity’ uses within the A4 Myoora Road locality. This indicates that a lower level of
    vehicular movements is associated with the proposed use than other ‘low intensity’ business
    uses in the locality.

      Site                                         Site Area         Number of carparking spaces
                                                   (square metres)
      56 Myoora Road                               9402              17 (15 for the proposed uses and 2
      Proposed Boat Showroom/ Boat Storage                           for the existing dwelling)
      Facility and Boat Servicing Facility
      33 Myoora Road                               8100              30 spaces plus a pick up and drop off
      The German School                                              area
      48 Myoora Road                               15 930            218 carparking spaces (214 for the
      Miramare Gardens Events Centre                                 conference centre and 4 for the two
                                                                     dwellings).
      287 Myoora Road                              19 950            125 carparking spaces.
      The Hills Flower Market

•   A Traffic and Parking Impact Assessment prepared by Ray Dowsett Traffic and Transport
    Planning Pty Ltd dated 11 June 2008 has been submitted with the application. A survey of the
    traffic generated by the existing business in North Narrabeen (which is proposed to be
    relocated to the subject site), has been carried out to estimate the traffic which will be
    generated by the proposed development. The Traffic Report has found that based on a floor
    area of 1,008 square metres, the traffic generated by the proposed development will be
    approximately 18 daily vehicle trips for customers and 7 vehicle trips for staff. This would
    translate to approximately 11 daily vehicle trips in peak hour. The report also states that the
    proposal would generate a nett increase of approximately 9 peak hour vehicle trips or 1
    additional vehicle every 6 -7 minutes. The traffic report demonstrates that the number of
    vehicle movements associated with the operation of the proposed uses is relatively low
    considering the business use of the proposed development.

•   The uses on the site are proposed to operate between 8am and 5pm Monday to Friday and
    8am to 4pm Saturday. The uses will not operate on Sundays and public holidays. Access to
    the site will be locked outside these hours. A condition has been included in the draft consent
    in this regard. The proposed hours of operation are standard business hours and are
    considerably less than other approved ‘low intensity’ business uses within the A4 Myoora Road
    locality such as the Miramare Gardens Events Centre which has approval to operate between
    8am and midnight, seven days a week and the Hills Flower Market which has approval to
    operate from 7am to 8:30 pm, seven days per week.

•   An ‘Environmental Noise Impact Assessment’ dated 1 May 2008 and prepared by Acoustic
    Logic Consultancy has been submitted with the application. The report concludes that noise
    emissions from the operation of the site will comply with noise emission requirements of WLEP
    2000 and the EPA Industrial Noise Policy provided the development complies with the
    recommendations in Section 7 of the report. A condition of consent has been included to
    ensure that the development will comply with the recommendations in the report.

•   The physical size of a business’ premises restricts the intensity of a use. The built form
    controls which apply to sites are therefore essential to limit the scale of a business’ operations
    and activities. The proposed development complies with all relevant built form controls
    including the building height and setback controls. The size of the proposed buildings is
    therefore considered to be appropriate.




                    ITEM 4.1                                                                         Page 41
                          Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875


•   Lighting details have not been submitted with the application. The signs are not proposed to
    be illuminated. A condition has been included on the draft consent to require security lighting
    to be provided which complies with the requirements of AS4282- 1997 – Control of the
    obtrusive effects of outdoor lighting.

•   No pedestrian movements into or out of the site are likely to be generated by the proposed
    uses.

•   The specialist nature of the uses proposed and services offered are such that the proposed
    uses do not rely on exposure to passing trade for their continued operation. The small sign
    proposed on the south east elevation facing Mona Vale Road is only 1.1 metre high x 2.15
    metre long and will generally not be visible to passing motorists. The small size of the sign
    indicates that the proposed use will not rely on passing trade.

Based on the above assessment, the proposed uses have a low level of activities associated with
their operation, particularly when compared to other businesses operating in the locality. In
conclusion, for the reasons given above the proposed development is considered to be consistent
with this component of the desired future character statement.

Along Mona Vale Road a dense bushland buffer will be established.

An amended landscape plan has been submitted which indicates a dense bushland buffer will be
established in the required 30 metre setback to the boundary adjoining Mona Vale Road. Council’s
Landscape Officer has reviewed the amended landscape plan and is satisfied the planting scheme
will achieve the objectives of the desired future character statement in this regard.

Accordingly, the proposed development is consistent with this component of the desired future
character statement.

New development or further intensification of existing development will provide safe
vehicular access to the satisfaction of the Council and the Roads and Traffic Authority.

The Traffic and Parking Impact Assessment prepared by Ray Dowsett Traffic and Transport
Planning Pty Ltd dated 11 June 2008 submitted with the application states the following;

      ‘... the existing and proposed vehicle access driveway arrangements, including the site
      distances provided, meet or exceed the minimum requirements in AS/NZS 2890.1: 2004
      / AS2890.2-2002 and will provide for the safe and efficient movement if vehicles between
      the site and Myoora Road.’

Council’s Traffic Engineer has reviewed the proposal and raised no concerns regarding the
safety of the vehicular access to the proposed uses. The Roads and Traffic Authority were not
required to be consulted in relation to the proposed development.

Based on the advice of Ray Dowsett Traffic and Transport Planning Pty Ltd and Council’s
Traffic Engineer, it is considered that the proposed development is consistent with this
component of the desired future character statement.

Only small, non obtrusive and non illuminated signs that identify the use of a site are to be
visible from Mona Vale Road. Signs that are designed of such size, height, or visual
appearance so as to attract passing trade will not be permitted. All signs are to be in
keeping with the colour and textures of the natural landscape.




                  ITEM 4.1                                                                         Page 42
                        Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875


A 1.1 metre high x 2.15 metre long business identification wall sign is proposed on the south east
elevation of the boat showroom/storage building which fronts Mona Vale Road. The sign is setback
30 metres from the boundary adjoining Mona Vale Road and will be partially screened by a
landscaped buffer. Given the sign will be located 30 metres from the boundary adjoining Myoora
Road and will be partially screened by landscaping, the sign will not function to attract passing
vehicles rather it will serve the purposes of building identification. Accordingly, the proposed
development is considered to be consistent with this component of the desired future character
statement.

Articulated building forms, generous landscaped spaces around buildings and building
materials that blend with the colours and textures of the natural landscape will be used to
minimise the visual impact of development on long distance views of the locality.

An adequate level of articulation of the buildings has been provided given the nature of the
proposed uses of the buildings and the significant size of the site and the substantial landscaped
setbacks. Further, the development is divided into two separate components and a significant
internal setback is provided between the buildings. These attributes will continue to produce a built
form which is appropriate to the site and the locality and is not dissimilar to other buildings in the
locality. The colours and materials proposed assist in reducing the visual bulk of the building. A
varied setback has been provided from the boat storage / boat showroom building to Myoora Road.
This assists in reducing the apparent scale of the proposed building.

It is noted that the development complies with the front and side building setback controls and the
landscaped open space control applying to the A4 locality. Landscaped spaces have been
provided around and between the two proposed buildings.

A Schedule of External Colours and Finishes was included in the letter from The Sydney Design
Company to Council dated 28 October 2008. The proposed finishes are shown on the
photomontages submitted with the application. Stonework, glass and timber are included in the
variety of materials proposed which represents a high standard of external finishes. The proposed
colours for the blockwork, roof, awnings and eaves will blend with the stonework and timber
proposed. The colours and materials are therefore considered to adequately blend with the
colours and textures of the natural landscape and will reduce the visual impact of the development
on long distance views of the locality.

For the reasons given above the proposed development is considered to be consistent with this
component of the desired future character statement.

Built Form Controls for Locality A4 Myoora Road

The following table outlines compliance with the built form controls for the A4 Myoora Road locality.

Built Form Standard      Required                          Proposed                          Compliance
Housing Density          1 dwelling per 2 hectares of      No dwellings proposed (existing   No change.
                         site area.                        dwelling retained). 1 dwelling
                                                           per 9,402 sqm
Building Height          8.5m measured between the         8.2m maximum                      YES
                         topmost point of the building
                         and the natural ground level
                         below.
                         7.2m from natural ground level    7.2m                              YES
                         to the underside of the ceiling
                         on the uppermost floor of the
                         building.
Front Setback            30m to Mona Vale Road.            30m to Mona Vale Road             YES

                         20 metres to roads other than     No change is proposed to the      No Change.
                         Mona Vale Road.                   setback of development to
                                                           Myoora Road.


                  ITEM 4.1                                                                         Page 43
                        Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

Built Form Standard         Required                          Proposed                             Compliance
Rear and Side Building      7.5m minimum                      North East – 8.06m (driveway         YES
Setback                                                       situated on a 2m setback)
                            The rear and side setback
                            areas are to be landscaped        South West – 7.5m                    YES
                            and free of any structures,
                            carparking or site facilities
                            other than driveways and
                            fences.
Building Site Coverage      Max 20% (1880.1sqm) of the        13.3% (1255 square metres)           YES
                            site area
Landscaped open space       Min 70% (6581.4sqm) of the        70% (6720 square metres)             YES
                            site area.

Clause 20 Variation

Clause 20 Variations are not applicable to this development.

GENERAL PRINCIPLES OF DEVELOPMENT CONTROL

The following General Principles of Development Control, as contained in Part 4 of Warringah
Local Environmental Plan 2000, are applicable to the proposed development:

General Principles          Applies       Comments                                                            Complies
CL38 Glare & reflections    YES           The development will not result in overspill or glare from          YES, subject
                                          artificial illumination, or sun reflection, and will not            to conditions
                                          unreasonably diminish the amenity of the locality. The
                                          Schedule of External Finishes nominates the roof finish as
                                          Colorbond “Jasper” and wall finishes as blockwork in a
                                          salmon colour and glass with a grey tint. A condition of
                                          consent has been included in the draft consent to ensure that
                                          the reflectivity index of the metal roof and the external glazing
                                          for windows of the proposed development is no greater than
                                          20%. Subject to the imposition of the aforementioned
                                          condition, the development is satisfactory in addressing the
                                          General Principle.
CL39 Local retail centres   NO            Not Applicable.                                                     N/A
CL40 Housing for Older      NO            Not Applicable.                                                     N/A
People and People with
Disabilities
CL41 Brothels               NO            Not Applicable.                                                     N/A
CL42 Construction Sites     YES           Demolition and construction are proposed. Conditions have           YES, subject
                                          been included in the draft consent to reduce the impacts of         to conditions
                                          construction works on the locality such as restricted
                                          construction hours and requirements for sediment and erosion
                                          control.

CL43 Noise                  YES           Clause 43 states that development is not to result in noise         YES, subject
                                          emission which would unreasonably diminish the amenity of           to conditions
                                          the area and is not to result in noise intrusion which would be
                                          unreasonable to the occupants of any nearby dwellings or
                                          other sensitive land uses.. The control states that noise from
                                          the combined operation of all mechanical plant and equipment
                                          must not generate noise levels that exceed the ambient
                                          background noise by more than 5d B(A) when measured in
                                          accordance with the Environmental Protection Authority’s
                                          Industrial Noise Policy at the receiving boundary of residential
                                          and other noise-sensitive land uses, and
                                          An ‘Environmental Noise Impact Assessment Report’
                                          prepared by Acoustic Logic Consultancy dated 1 May 2008
                                          was submitted with the application. The Report has made a
                                          number of recommendations which are required to be
                                          implemented to ensure the noise generated by the vehicular
                                          servicing facility will be within an acceptable range. All
                                          recommendations of the Report have been included as
                                          conditions of consent.



                     ITEM 4.1                                                                         Page 44
                           Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

General Principles          Applies      Comments                                                             Complies
CL44 Pollutants             YES          The proposed development will not result in the emission of          YES
                                         atmospheric, liquid or other pollutants which will unreasonably
                                         diminish the amenity of adjacent properties. The proposed
                                         uses must comply with the requirements of the Protection of
                                         the Environment Operations Act 1997.
CL45 Hazardous Uses         NO           Not Applicable.                                                      N/A
CL46 Radiation Emission     NO           Not Applicable.                                                      N/A
Levels
CL47 Flood Affected Land    NO           Not Applicable.                                                      N/A
CL48 Potentially            YES          The requirements of Clause 48 have been addressed under              YES
Contaminated Land                        ‘State Environmental Planning Policy No.55 – Remediation of
                                         Land’ in this report. In summary, the site has been found to
                                         be suitable for the proposed use and no remediation is
                                         required.
CL49 Remediation of         NO           Not applicable. See Clause 48.                                       N/A
Contaminated Land
CL49a Acid Sulfate Soils    NO           Not Applicable.                                                      N/A
CL50 Safety & Security      YES          In accordance with Clause 50 development is to maintain and          YES, subject
                                         where possible enhance the safety and security of the locality.      to conditions
                                         A condition has been included to require open style security
                                         gates to be provided across the driveway of the Myoora Road
                                         entry which provides vehicular access to the proposed
                                         building to prevent after hours vehicular access. Security
                                         lighting is also required by a condition in the draft consent.
                                         Subject to these conditions the proposed development will
                                         comply with the requirements of Clause 50.
CL51 Front Fences and       YES          No fence is proposed along the front property boundary.              YES
Walls                                    Two 1.2m high x 2.4m long walls are proposed adjacent to the
                                         southern side of the driveway to the proposed uses. A
                                         business identification sign will be affixed to each wall. Given
                                         the low height and short length of the walls, the walls are
                                         considered to be compatible with the existing streetscape
                                         character and the requirements of Clause 51.
CL52 Development Near       NO           No Comment                                                           N/A
Parks, Bushland Reserves
& other public Open
Spaces
CL53 Signs                  YES          In accordance with Clause 52 the number, shape, extent ,             YES
                                         placement and content of signs are to be limited to the extent
                                         necessary to:
                                         •    Allow the reasonable identification of the land use,
                                              business activity or building to which the sign relates, and
                                         •    Ensures that the sign is compatible with the design, scale
                                              and architectural character of the building or site upon
                                              which it is to be placed, and
                                         •    Ensure that the sign does not dominate or obscure other
                                              signs or result in visual clutter, and
                                         •    Ensure that the sign does not endanger the public or
                                              diminish the amenity of nearby properties.

                                         The following three signs are proposed;
                                         •    Construction of two, attached 1.2 metre high x 2.4 metre
                                              long rendered masonry walls on which business
                                              identification signs will be affixed, on the southern side of
                                              the vehicular access along the northern boundary (facing
                                              Myoora Road).
                                         •    Erection of a 1.1metre high x 2.15 metre long business
                                              identification wall sign on the south east elevation of the
                                              building (facing Mona Vale Road).
                                         Clause 53 states that the maximum area of signage for sites
                                         with more than one street frontage is 1 square metre for every
                                         4 metres of frontage of a building up to a maximum of 5
                                         square metres.
                                         The proposed boat showroom/storage building has a frontage
                                         of 20 metres to Mona Vale Road. Accordingly a maximum
                                         signage area of 5 square metres is permitted.


                     ITEM 4.1                                                                         Page 45
                           Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

General Principles             Applies    Comments                                                            Complies
                                          The total area of signage proposed is approximately 8.125
                                          square metres. 5.76 metres of signage is proposed along the
                                          Myoora Road frontage and 2.365 square metres of signage is
                                          proposed along the Mona Vale Road frontage.
                                          The area of signage proposed does not comply with the
                                          control for the maximum area of signage however the size of
                                          the proposed signage has been found to be acceptable for the
                                          following reasons:
                                          •    The signs facing Myoora Road do not occupy the entire
                                               masonry wall to which they will be fixed so the actual
                                               area of signage facing Myoora Road is less than 5.76
                                               square metres.
                                          •    The proposed signs allow for the identification of the
                                               proposed uses and are of an appropriate size given the
                                               size of other business identification signs in the locality.
                                          •    The signs do not result in an adverse impact on the
                                               streetscape.
                                          •    The signs do not result in any adverse impacts on
                                               adjoining properties.
                                          •    The proposed signs are consistent with the requirements
                                               of State Environmental Planning Policy No.64 –
                                               Advertising and Signage.

                                          In summary, the proposal complies with the objectives of
                                          Clause 53 and therefore the proposed variation to the numeric
                                          control relating to the maximum area of signs is supported.

CL54 Provision and             YES        All required utility services can be provided to the proposed       YES
Location of Utility Services              development.

CL55 Site Consolidation in     NO         No Comment                                                          N/A
‘Medium Density Areas’
CL56 Retaining Unique          YES        Clause 56 requires development to be designed to retain and         YES, subject
Environmental Features on                 complement any distinctive environmental features of the site       to conditions
Site                                      and on adjoining land. The impact of the development on the
                                          Grevillea caleyi located in area of the road reserve has been
                                          addressed in detail under ‘Bushland and Biodiversity’ in the
                                          ‘Internal Referrals’ section of this report. In summary, the
                                          measures proposed to minimise the impact on this threatened
                                          species are considered appropriate. Accordingly, the
                                          proposal is considered to be consistent with the requirements
                                          of Clause 56.

CL57 Development on            NO         No Comment                                                          N/A
Sloping Land
CL58 Protection of Existing    YES        Clause 58 requires development to be sited and designed to          YES, subject
Flora                                     minimise the impact on remnant indigenous flora, including          to conditions
                                          canopy trees and understorey vegetation and on remnant
                                          native ground cover species.
                                          Two mature individuals and one seedling of Grevillea caleyi
                                          are located in an area of the road reserve between the
                                          property boundary of No. 56 Myoora Road and the edge of
                                          Myoora Road. Grevillea caleyi is listed as ‘Endangered’ in
                                          Schedule 1 of the Threatened Species Conservation Act 1995
                                          and the Commonweath Environment Protection and
                                          Biodiversity Conservation Act 1999.
                                          A Species Impact Statement (SIS) has been submitted which
                                          assesses the impact of the proposed development on the
                                          Grevillia caleyi plants. The SIS recommends the translocation
                                          of a small amount of potential Duffys Forest Ecological
                                          Community soil as well as a seedling of Grevillea caleyi and
                                          taking appropriate cuttings of two senescent individuals of
                                          Grevillea caleyi that also occur in the vicinity of the proposal.
                                          The soil and seedlings will be relocated to an existing patch of
                                          Duffys Forest Ecological Community located at Terrey Hills
                                          Public School. The two-over mature, senescent plants of
                                          Grevillea caleyi that occur in a vulnerable location adjacent to

                      ITEM 4.1                                                                         Page 46
                            Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

General Principles          Applies      Comments                                                            Complies
                                         the southern most driveway at 56 Myoora Road, Terrey Hills
                                         will be destroyed in order for the topsoil surrounding the
                                         plants to be translocated.
                                         The SIS has been reviewed by Council’s Bushland and
                                         Biodiversity Officer and no objections were raised to the
                                         proposed translocation of the soil and Grevillea caleyi
                                         seedling. Part C of the recommendation requires the
                                         application to be referred to the Department of Environment
                                         and Conservation for concurrence prior to approval.
                                         Subject to conditions requiring the concurrence of the DECC
                                         to the proposed translocation, the proposed development is
                                         considered to be consistent with Clause 58.
CL59 Koala Habitat          NO           No Comment                                                          N/A
Protection
CL60 Watercourses &         NO           No Comment                                                          N/A
Aquatic Habitats
CL61 Views                  YES          Due to the relatively flat gradient of the site and surrounds the   YES
                                         development will not result in any impact on views.

CL62 Access to sunlight     YES          The shadow diagrams submitted with the application indicate         YES
                                         that the proposed development will not unreasonably reduce
                                         sunlight to the surrounding properties. Sunlight to at least
                                         50% of the principal private open spaces is not to be reduced
                                         to less than 2 hours between 9am and 3pm on June 21.

                                         The shadow diagrams indicate that the development will cast
                                         a shadow over the adjoining dwelling and a portion of the land
                                         at No.54 Myoora Road at 9am. By 12 noon the extent of the
                                         shadow cast is considerably reduced with the majority of the
                                         dwelling and the open space adjoining the rear of the dwelling
                                         receiving solar access. By 3pm no shadow is cast over the
                                         adjoining property at No.54 Myoora Road. Based on an
                                         assessment of the shadow diagrams submitted with the
                                         application the dwelling at No.54 Myoora Road will receive a
                                         complying level of solar access.

CL63 Landscaped Open        YES          The proposed development complies with the minimum                  YES
Space                                    landscaped area requirement of 70% of the site area and a
                                         detailed landscape plan has been submitted which indicates
                                         that dense landscaping will be provided within the front
                                         building setback to Mona Vale Road. The landscaping
                                         proposed within the front building setback will assist in
                                         screening and softening views of the building from Mona Vale
                                         Road. The extent of landscaping provided will enhance the
                                         streetscape and will be consistent with the desired future
                                         character of the locality. For these reasons the proposed
                                         development is considered to meet the requirements of
                                         Clause 63.

CL63A Rear Building         NO           No Comment                                                          N/A
Setback
CL64 Private open space     YES          Adequate private open space will continue to be provided for        YES
                                         the existing dwelling which is to be retained.

CL65 Privacy                NO           No Comment                                                          N/A

CL66 Building bulk          YES          Clause 66 states that buildings are to have a visual bulk and       YES
                                         architectural scale consistent with structures on adjoining or
                                         nearby land and are not to visually dominate the street or
                                         surrounding spaces.

                                         The visual bulk of the building is considered to be appropriate
                                         given the use of the building and the design of other business
                                         premises within the locality. The visual bulk of the building
                                         has been minimised in the following ways;



                     ITEM 4.1                                                                         Page 47
                           Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

General Principles            Applies      Comments                                                            Complies
                                           •  A variety of materials are proposed, particularly on the
                                              eastern elevation facing Mona Vale Road. The plans
                                              indicate that stone cladding, in a sandstone colour, will
                                              be provided in strips down the each side of the eastern
                                              elevation. This will effectively frame the elevation. A
                                              Sydney Red Gum or similar hardwood veneer is
                                              proposed for the lintel above glass panels which will form
                                              the majority of the eastern wall of the building.
                                              Colourbond steel sheeting is proposed above the timber
                                              veneer lintel. The variety of materials proposed assists
                                              in reducing the visual bulk of the north east elevation.
                                           •   Landscaping will be provided within the 30 metre setback
                                               proposed to Mona Vale Road and the 7.5 metre setbacks
                                               proposed to the side boundaries. The size of the
                                               setbacks combined with the provision of landscaping will
                                               assist in reducing the visual bulk of the building as
                                               viewed from the public domain and surrounding
                                               properties.
                                           •   The curved roof assists in minimising the visual bulk of
                                               the building by minimising the height of the building whilst
                                               still providing visual interest.
                                           •   The setback of the building from the eastern boundary
                                               increases approximately half way along the elevation.
                                               The setback increases from 30 metres to 33 metres.
                                               The varied setback provides greater visual interest and
                                               reduces the bulk of the building as viewed from Mona
                                               Vale.
                                           The visual bulk of the proposed development for Category
                                           Two and Three uses is consistent with the visual bulk which
                                           can be reasonably expected for Category One uses within the
                                           locality or other ‘low intensity business’ uses. Accordingly, the
                                           proposal is considered to be consistent with Clause 66.

CL67 Roofs                    YES          Clause 67 requires roofs to complement the local skyline.           YES
                                           The proposed curved roof is considered appropriate given the
                                           use of the building and the variety of roof forms found within
                                           the locality. Accordingly the proposal is considered to be
                                           consistent with the requirements of Clause 67.
CL68 Conservation of          YES          Three 25,000 litre water tanks are proposed which will be           YES
Energy and Water                           used for toilet flushing and for watering any landscaping which
                                           requires watering.
CL69 Accessibility – Public   YES          Two parking spaces for people with a disability have been           YES, subject
and Semi-Public Buildings                  provided.                                                           to conditions
CL70 Site facilities          YES          Garbage can be stored within the buildings and therefore will       YES
                                           not impact on the street.
CL71 Parking facilities       YES          The two proposed carparking areas are located towards the           YES
(visual impact)                            centre of the site and therefore will not result in any adverse
                                           streetscape impact.
CL72 Traffic access &         YES          A Traffic and Parking Assessment prepared by Ray Dowsett            YES
safety                                     Traffic and Transport Planning Pty Ltd dated 11 June 2008
                                           was submitted with the application.
                                           The existing driveway servicing the market gardens will
                                           provide vehicular access to the motor showroom, vehicle
                                           repair station and storage facility. The driveway is to be
                                           widened to 10m and designed to meet the design
                                           requirements for the 12.5 m Heavy Rigid Vehicle (HRV) per
                                           Figure 2.1 in AS2890.2-2002. The Traffic Report indicates
                                           that this arrangement exceeds the design requirements for
                                           the largest service vehicle required to access the site, an 11m
                                           long rigid vehicle, allowing the HRV to turn left into the site
                                           from the southbound traffic lane in Myoora Road without
                                           crossing the road centreline. The driveway width within the
                                           property will permit opposing entering and existing vehicles to

                       ITEM 4.1                                                                         Page 48
                             Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

General Principles          Applies      Comments                                                            Complies
                                         pass.     These arrangements comply with the principles
                                         contained in Clause 3.4.1 in AS2890.2-2002.
                                         The Traffic Report states that some clearing of overgrown
                                         undergrowth with the footway area will be required to achieve
                                         the required sight distances for emerging vehicles.
                                         The Traffic Report states that the proposed vehicle access
                                         driveway arrangements meet or exceed the minimum
                                         requirements in AS/NZS 2890.1:2004 / AS2890.2 - 2002 and
                                         will provide for the safe and efficient movement of vehicles
                                         between the site and Myoora Road. The proposal therefore
                                         meets the requirements of Clause 72.
CL73 On-site Loading and    YES          The Traffic and Parking Impact Assessment prepared by Ray           YES
Unloading                                Dowsett Traffic and Transport Planning Pty Ltd dated 11 June
                                         2008 indicates that the vehicle access driveway meets the
                                         design requirements of AS2890.2-2002 for Heavy Rigid
                                         Vehicles. The showroom, storage area and servicing area
                                         have all been designed to accommodate the delivery and
                                         storage of boats.
CL74 Provision of           YES          Schedule 17 requires 0.75 spaces per 100 sqm of site area           YES
Carparking                               plus 6 spaces per work bay for vehicle servicing facilities to be
                                         provided for motor showrooms. As a separate vehicle repair
                                         station is proposed the carparking requirement for servicing
                                         facilities is considered separately.
                                         Marine Showroom
                                         Given the marine showroom only occupies 251 square metres
                                         and the associated office space occupies approximately 180
                                         square metres on a site within an area of 9402 square metres,
                                         the carparking requirement should be based on the floor area
                                         of the use rather than the site area. Based on an area of 431
                                         square metres, 3.2 spaces are required for the marine
                                         showroom and associated office facilities.

                                         Storage Facility

                                         Schedule 17 does not specify a minimum carparking rate for
                                         storage facilities. As there are no other boat storage facilities
                                         in the local area and the facility is not similar to self storage
                                         facilities, the use of the carparking requirement for
                                         warehouses is appropriate. The Traffic Report submitted with
                                         the application has adopted the warehouse carparking rate for
                                         the proposed boat storage area. Based on the requirements
                                         for a warehouse, 1.3 carparking spaces are required per 100
                                         square metres of Gross Floor Area. Based on a floor are of
                                         622 square metres a total of 8 carparking spaces are
                                         required. Three carparking spaces have been proposed
                                         within the boat storage area and another three will be
                                         available adjacent to the building. Additional carparking will
                                         be available near the vehicle repair station.

                                         Boat Repair / Servicing

                                         Schedule 17 requires 1.3 spaces per 100 sqm GFA for
                                         vehicle repair stations. The vehicle repair station has an area
                                         of 139.2 square metres on the ground floor and 85.5 square
                                         metres on the mezzanine level. Three carparking spaces are
                                         therefore required for the vehicle repair station Six carparking
                                         spaces are proposed.

                                         A total of 15 carparking spaces are proposed on the subject
                                         site which complies with the carparking requirements within
                                         Schedule 17.

                                         Despite the deletion of the carport adjacent to the dwelling
                                         which is to be retained, the dwelling will still have two
                                         carparking spaces which complies with the minimum
                                         requirement for dwellings in Schedule 17.



                     ITEM 4.1                                                                         Page 49
                           Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

General Principles            Applies    Comments                                                           Complies
CL75 Design of Carparking     YES        The Traffic and Parking Impact Assessment prepared by Ray          YES
Areas                                    Dowsett Traffic and Transport Planning Pty Ltd dated 11 June
                                         2008 states;

                                              ‘The parking modules used in the two car parks have bay
                                              widths of 2.7 metres, lengths of 5.4 metres and aisle
                                              widths of 10 metres adjacent to the service bay and 5.8
                                              metres adjacent to the showroom. These arrangements
                                              either comply with or exceed the requirements in the
                                              relevant standard and will be appropriate for the practical
                                              use of the facility.’

                                         Vehicles will be able to enter and leave the site in a forward
                                         direction and sight distances between opposing vehicles on
                                         the driveway is good due to the relatively flat grades.

                                         Adequate area is available within the side setbacks to provide
                                         screening of the carpark areas.

                                         For these reasons the proposed design of the carpark area is
                                         considered to be satisfactory.
CL76 Management of            YES        Council’s Development Engineers have reviewed the                  YES
Stormwater                               amended stormwater plans and on-site detention design and
                                         raised no objections, subject to several conditions being
                                         included in the consent and all works being undertaken in
                                         accordance with the RTA’s requirements outlined in the letter
                                         from the RTA to TJ Taylor Consultants Pty Ltd dated 29
                                         October 2008. All recommended conditions have been
                                         included in the draft consent.
CL77 Landfill                 YES        A maximum of 500mm fill is proposed on the eastern side of         YES
                                         the building. The landscape plan indicates that the fill will
                                         extend a maximum of approximately 12.5 metres from the
                                         eastern side of the building.

                                         The proposed fill will not result in an adverse visual or
                                         environmental impact nor will it impact on any adjoining
                                         properties. Accordingly the proposal is consistent with the
                                         requirements of Clause 77.
CL78 Erosion &                YES        Appropriate conditions associated with management of               YES, subject
Sedimentation                            erosion and sedimentation have been included in the draft          to conditions
                                         consent.
CL79 Heritage Control         NO         The site is not identified as a heritage item nor is it located    N/A
                                         within a conservation area.
CL80 Notice to                NO         Not applicable.                                                    N/A
Metropolitan Aboriginal
Land Council and the
National Parks and Wildlife
Service
CL81 Notice to Heritage       NO         Not applicable.                                                    N/A
Council
CL82 Development in the       NO         The site is not located within the vicinity of a heritage item.    N/A
Vicinity of Heritage Items
CL83 Development of           NO         The subject site is not located within the vicinity of any known   N/A
Known or Potential                       or potential archaeological sites.
Archaeological Sites

SCHEDULES
Schedule 8 - Site analysis
Adequate site analysis documentation has been provided for this application.
Schedule 15 - Statement of Environmental Effects
Clause 15(1) of Warringah Local Environmental Plan 2000 requires the consent authority to
consider a Statement of Environmental Effects prepared in accordance with the criteria listed in
Schedule 15.

                     ITEM 4.1                                                                         Page 50
                           Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

The applicant has submitted a Statement of Environmental Effects prepared by Boston Blyth and
Fleming Pty Ltd dated June 2008. The Statement of Environmental Effects has demonstrated the
proposal’s consistency with the desired future character and the general principles of development
control under WLEP 2000. A detailed assessment against the provisions of Schedule 15 is
provided below:
(1) Summary of the statement      A Statement of Environmental Effects (SEE) prepared by Boston Blyth and
of environmental effects          Fleming dated June 2008 has been submitted with the application. The
                                  documentation addresses the proposal’s consistency with all relevant planning
                                  controls.
                                  Comment: It is considered that the statement submitted adequately addresses
                                  the proposal’s consistency with all relevant planning controls.
(2) Consistency of the            The consistency of the proposal with the relevant desired future character
proposal with the desired         statement and general principles of development is considered in the Statement
future character statement        of Environmental Effects submitted with the application.
and general principles of         Comment: An assessment of the consistency of the proposal with all relevant
development             control   controls in WLEP 2000 is detailed in this report. The assessment has found that
established by the plan           the proposal is generally consistent with the relevant planning controls.
                                  Accordingly, the assessment of the proposal in the Statement of Environmental
                                  Effects is considered to be satisfactory.
(3) Objectives of the proposed    The applicant has provided the following response to this objective;
development                       ‘It is clear the sustainability of the land in its current form is questionable and
                                  desirable development should reflect the principles of the desired future
                                  character as described above. The objective of the development is to provide a
                                  building and use which respects and complements the rural history of the
                                  locality. Other development in the vicinity has far greater bulk and scale and the
                                  applicant has endeavoured to submit a proposal which in our opinion reflects the
                                  outcomes sought by the desired future character.’
                                  Comment: The applicant has satisfactorily described the objectives of the
                                  proposal.
(4) An analysis of feasible       The applicant has provided the following comments in regard to the possibility of
alternatives including the        feasible alternatives;
consequences of not carrying
out the development and the          ‘The consequences of not carrying out the development.
reasons justifying the carrying
out of the development.              As indicated previously there is an emerging need for this type of service and
                                     a paucity of service providers. Currently in Warringah boats are parked in
                                     yards and on the street which results in a devaluing on the streetscape. It is
                                     most unlikely the status quo will remain in place for this site in the short term.
                                     An alternate development may be proposed which is Category 1 or 2 which
                                     has a far greater impact on the adjacent residential properties in the
                                     significant long and short term than the proposed usage.

                                     The reasons justifying the carrying out of the development.

                                     The proposed usage is addressing an emerging need in an area close to
                                     large recreational waterways. There are no similar businesses in the Sydney
                                     region. It is a usage which will complement the existing rural roots by the
                                     retention of large areas of open space and the low intensity and low impact
                                     use.’

                                  Comment: Given the facility requires a large land area within close proximity to
                                  the recreational waterways in the northern region of Sydney, the potential
                                  locations for such a facility are limited. The business has outgrown the current
                                  site in Narrabeen. The proposed facility will be the only facility of its type in the
                                  Sydney region.      Accordingly, the consequences of not carrying out the
                                  development will be that the capacity of the existing facility will not be able to be
                                  expanded to cater for the current demand for such a facility.

(5) Development and context       The Statement of Environmental Effects submitted with the application provides
analysis                          a detailed description of the proposed development and the context of the
                                  development.
                                  Comment:      The Statement of Environmental Effects has provided an
                                  appropriate description of the development and an analysis of the context of the
                                  site.



                     ITEM 4.1                                                                         Page 51
                           Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

(6) Biophysical, economic and     The applicant has advised that sedimentation and runoff will be contained within
social considerations and the     the site and that all areas currently used for glass houses and sheds not within
principles   of    ecologically   the footprint of the building and access driveway will be rehabilitated by grassing
sustainable development           and landscaping.
                                  The Statement of Environmental Effects was submitted prior to the Species
                                  Impact Statement (SIS) for the Grevillea Caleyi and Duffys Forest Ecological
                                  Community and therefore does not address the impact of the proposed
                                  development on the threatened species located within the road reserve.
                                  Comment: A ‘Species Impact Statement for Grevillea Caleyi and Duffys Forest
                                  Ecological Community at 56 Myoora Road, Terrey Hills’ prepared by Actinotus
                                  Environmental Consultants dated November 2008 (as amended) was submitted
                                  in support of the application. The SIS recommends the translocation of the small
                                  area of topsoil and a Grevillea caleyi seedling to an existing patch of Duffys
                                  Forest Ecological Community located at Terrey Hills Public School.
                                  Council’s Bushland and Biodiversity Officer has reviewed the SIS and raised no
                                  objections to the proposed translocation of the Grevillea caleyi. Conditions have
                                  been included on the consent in this regard.
                                  There are no adverse social or economic impacts which will result from the
                                  proposed development.
                                  It is considered that satisfactory measures have been taken to minimise the
                                  impact of the proposal on the biophysical environment and ensure the building is
                                  consistent with the principles of ecologically sustainable development.
(7) Measures to mitigate any      The Species Impact Statement outlines measures to mitigate any significant
adverse   effects    of  the      impacts on the Grevillea caleyi located in the road reserve of the site. The
development       on     the      Statement of Environmental Effects states that the following measures will be
environment                       implemented upon the site to minimise adverse effects on the environment;

                                  •   Areas if possible pollutant spills will be bunded with appropriate safety
                                      equipment provided for clean up.
                                  •   Silt control fences will be provided around the proposed building works.
                                  •   Effective site management to prevent pollution of waterways.
                                  •   Effective site management to prevent aurbourne polllutants.

                                  Comment: The measures proposed to mitigate any adverse impacts on the
                                  environment are considered satisfactory. Conditions will also be included on the
                                  consent to minimise the adverse effects of the development on the environment.

(8) Other approvals required      The subject development does not constitute integrated development pursuant
                                  to the provisions of the Environmental Planning and Assessment Act 1979.

                                  The concurrence of the Department of Environment and Climate Change is
                                  required prior to the approval of the application and has been included as Part C
                                  of the recommendation of this report.

Schedule 17 - Carparking Provision

Refer to ‘CL74 Provision of Carparking’ in the General Principles of Development Control table in
this report.

DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

No draft environmental planning instruments are relevant to this application.

POLICY CONTROLS

Warringah Section 94A Development Contributions Plan

The proposal is subject to the application of Council’s Section 94A Development Contributions
Plan. The following monetary contributions are required to provide for additional infrastructure
generated from this development;



                     ITEM 4.1                                                                         Page 52
                           Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875


 Warringah Section 94A Development Contributions Plan

 Contribution based on total development cost of                $ 605,000.00

 Contribution - all parts Warringah                        Levy     Contribution       Council
                                                           Rate       Payable           Code
 Total S94A Levy                                          0.95%        $5,748           Rams
 S94A Planning and Administration                         0.05%         $303            Rams
 Total                                                     1.0%        $6,050

A condition has been included in the draft consent to ensure that the required contributions are
paid prior to the issue of the Construction Certificate.

MEDIATION

Mediation was not requested for this development application.

CONCLUSION

The site has been inspected and the application assessed having regard to the provisions of
Section 79C of the Environmental Planning and Assessment Act 1979, the Environment Protection
and Biodiversity Conservation Act 1999, the Threatened Species Conservation Act 1995, State
Environmental Planning Policy No. 55 – Remediation of Land, State Environmental Planning Policy
No. 64 – Advertising and Signage, Warringah Local Environmental Plan 2000, Warringah
Development Control Plan and the relevant codes and policies of Council.

The proposed motor (boat) showroom, boat repairs and servicing facility and boat storage facility
uses have been found to be ‘low intensity’ business uses as required by the A4 Myoora Road
desired future character statement. The proposed uses are considered to be of a ‘low intensity’
due to the relatively low number of vehicle movements associated with the proposed development,
the number of carparking spaces provided compared to other approved ‘low intensity’ business
uses within the locality, the standard operating hours proposed and the proposal’s consistency with
all applicable built form controls. The proposed development has also been found to be consistent
with all other components of the desired future character statement for the A4 Myoora Road
locality.
The proposed development is consistent with all relevant built form controls and the general
principles of development control.
The proposed development constitutes ‘threatened species development’ in accordance with
Section 78A(8)(b) of the Environmental Planning and Assessment Act 1979 and the Environmental
Planning and Assessment Regulation 2000 as the proposed widening of the driveway from 6
metres to 10 metres will impact on two mature individuals and one seedling of Grevillea caleyi that
are located in a portion of the road reserve between the western boundary of No. 56 Myoora Road
and the edge of the road. Grevillea caleyi is listed as ‘endangered’ in the Environment Protection
and Biodiversity Conservation Act 1999 and in the Threatened Species Conservation Act 1995.
Accordingly, a Species Impact Statement was submitted. Council’s Bushland and Biodiversity
Officer has reviewed the application and Species Impact Statement and found that the proposed
translocation of the soil seedbank and seedling to a remnant patch of Duffys Forest within the
Terrey Hills Public School site is an appropriate species protection method. Part C of the
recommendation of this report requires the application to be forwarded to the Department of
Environment and Conservation for concurrence prior to approval. Part D of the recommendation of
this report requires the owner’s consent of the Department of Education to be submitted for the
translocation of Grevillea caleyi to the Terrey Hills Public School site.



                 ITEM 4.1                                                                         Page 53
                       Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

One submission was received to the proposed development which was lodged prior to the public
exhibition of the development application. The issues raised by the objector included the size of
the building, the traffic impacts of the proposal and the hours of operation. The issues raised have
been addressed in this report and have not been found to warrant the refusal of the application or
the imposition of any special conditions in respect of the matters raised.
It is considered that the proposed development satisfies the appropriate controls and that all
processes and assessments have been satisfactorily addressed. Accordingly, the proposal is
recommended for approval.

RECOMMENDATION (APPROVAL)

A.   That Development Application No.2008/875 be presented to the Warringah Development
     Assessment Panel (WDAP) to undertake a public hearing pursuant to Clause 15 of Warringah
     Local Environmental Plan 2000.
B.   The applicant is to prepare a Translocation and Monitoring Management Plan for the
     translocation of Grevillea caleyi and submit the plan to Council for approval prior to the
     referral of the application to the Department of Environment and Climate Change for
     concurrence. The Plan is to be prepared in accordance with the following documents;
     •    The Department of Environment and Climate Change Guidelines for the management of
          Duffys Forest Ecological Community Remnants: Soil Seedbank Translocation dated
          October 2007.

     •    Appendix 5 ‘Protocols for the translocation of Grevillea caleyi’ of the Species Impact
          Species Impact Statement for Grevillea caleyi and Duffys Forest Ecological Community
          at 56 Myoora Road prepared by Actinotus Environmental Consultants dayed November
          2008 (as amended in January 2008).

C.   The assessment report, draft conditions, the findings of the Warringah Development
     Assessment Panel and the Translocation and Monitoring Management Plan be referred to the
     Department of Environment and Climate Change for concurrence, if the Warringah
     Development Assessment Panel recommend that the application should be reported to the
     General Manager with a recommendation for approval.

D.   Owners consent is to be provided from the Department of Education for the translocation of
     the soil seedbank and a Grevillea caleyi seedling to the Terrey Hills Public School site prior to
     the approval of the development application.

E.   That any comments received from EnergyAustralia, within 21 days from the date the referral
     was sent to EnergyAustralia in accordance with Clause 45 of State Environmental Planning
     Policy (Infrastructure) 2007, be taken into consideration and any recommended conditions be
     included in the draft consent

F.   The General Manager be given delegation to determine Development Application No:
     DA2008/0875 for demolition of existing glass houses and construction of two buildings to be
     used as a boat showroom, boat storage facility and a boat repairs and servicing facility at Lot
     170, DP 752017, 56 Myoora Road, Terrey Hills, subject to concurrence of the Department of
     Environment and Climate Change, including any changes made by the Department of
     Environment and Climate Change.

G.   That pursuant to Section 95(2) of the Environmental Planning and Assessment Act 1979, the
     Council vary the provisions of Section 95 (1) so this consent will lapse three (3) years from
     the date in which it operates, and the applicant be advised accordingly.




                 ITEM 4.1                                                                         Page 54
                       Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875



                                      GENERAL CONDITIONS


                       CONDITIONS THAT IDENTIFY APPROVED PLANS

1.   Approved Plans And Supporting Documentation
     The development is to be carried out in compliance with the following plans and
     documentation listed below and endorsed with Council’s stamp, except where amended by
     other conditions of consent:

      Drawing Number                            Dated                  Prepared By
      Sheet 2, 3, 4, 5, 6, 7, 8 all Issue B     27 October 2008        The Sydney Design
                                                                       Company Pty Ltd
      Sheet 00                                  07 July 2008           The Sydney Design
                                                                       Company Pty Ltd

     No building works (including excavation) shall be undertaken prior to the release of the
     Construction Certificate.
     Note: Further information on Construction Certificates can be obtained by contacting
     Council’s Call Centre on 9942 2111, Council’s website or at the Planning and Assessment
     Counter.
     Reason: To ensure the work is carried out in accordance with the determination of Council
     and approved plans.

2.   Approved Stormwater Plan
     The stormwater drainage works are to be generally in accordance with the drainage plan
     submitted by T J Taylor, Drawing Number 20508-1A dated November 2008.

     Reason: To ensure appropriate provision for stormwater disposal arising from the
     development.

3.   Approved Landscaping Plan
     Landscaping works on the site are to be undertaken generally in accordance with the
     Landscape Master Plan Drawing No: L/01 ‘A’ dated May 2008, as amended on 10 November
     2008 prepared by A Total Concept. The landscape plan is to be amended as required by
     Condition 5 of this consent.

     Reason: To ensure appropriate landscaped area and landscaping amenity at the final
     inspection stage of the development. (DACLBalp)

4.   Building Code of Australia
     All building work must be carried out in accordance with the provisions of the Building Code
     of Australia.

     Reason: Prescribed - Statutory.




                 ITEM 4.1                                                                         Page 55
                       Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875



      CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION
                                 CERTIFICATE

5.    Amended Landscape Plan
      Prior to the issue of the Construction Certificate the Landscape Plan is to be amended to be
      consistent with the approved architectural plans and Grevillea caleyi is to be deleted from the
      planting schedule on the Landscape Plan.
      Reason: To ensure that the Landscape Plan is consistent with all other approved plans and
      that appropriate species are proposed.
6.    Security Gates
      Security gates are to be provided across the driveway which provides access to the boat
      servicing and boat storage buildings. The security gates are to be placed along the North
      West boundary of the site which adjoins Myoora Road. The security gates are to be of an
      open style and no higher than 1.8 metres in height. Details are to be provided to the
      Certifying Authority prior to the issue of the Construction Certificate.
      Reason: To prevent after hours vehicular access to the facility.
7.    External Lighting
      External lighting is to be provided for security that complies with the relevant Australian
      Standard. Details are to be submitted to the Certifying Authority prior to the issue of the
      Construction Certificate.
      Note: The following Australian Standard applied at the time of determination:
      •   Australian Standard AS4282 – 1997 Control of the obtrusive effects of outdoor lighting.
      Reason: To ensure lighting provides security and amenity.
8.    Bunding for Service Bays
      The service bays shall be bunded and drained to an adequately sized/constructed holding
      tank which will require pump-out by a licensed liquid waste contractor as necessary. Details
      are to be submitted to the Certifying Authority prior to the issue of the Construction
      Certificate.

      Reason: To protect the environment from potential contaminants

9.    Bond for Silt and Sediment Control
      The payment of $3,000 shall be deposited with Council prior to the issue of the Construction
      Certificate as security to ensure that there is no transmission of material, soil etc off the site
      and onto the public road and/or drainage systems.

      Reason: To ensure appropriate security against environmental damage.

10.   Development/Construction Security Bond
      A bond (determined from cost of works) of $2,000 must be deposited with Council and an
      inspection fee paid of $200 prior to the issue of any Construction Certificate. This bond is to
      ensure the rectification of any damage that may occur to the Council infrastructure contained
      within the road reserve adjoining the site as a result of construction or the transportation of
      materials and equipment to and from the development site.

      Reason: To ensure adequate protection to Council infrastructure.



                  ITEM 4.1                                                                         Page 56
                        Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

11.   Internal Driveway Design
      The internal driveway is to be designed to incorporate a one way crossfall and the provision
      of a 150mm high concrete kerb on the low side of the driveway including grated pits at
      regular intervals to ensure satisfactory collection of stormwater is maintained. Details to be
      submitted to the Certifying Authority prior to the issue of the Construction Certificate.
      Reason: To ensure stormwater disposal is provided to Council's satisfaction.

12.   Design for Access & Mobility
      The development must be designed to comply with the requirements of Australian Standard
      AS1428.2-1992 Design for Access and Mobility - Enhanced and additional requirements -
      Buildings and facilities. Details demonstrating compliance are to be submitted to the
      Certifying Authority prior to the issue of the Construction Certificate.
      Reason: To ensure equitable access to members of the community to all public facilities.

13.   Long Service Levy
      Payment of the Long Service Levy is required prior to the release of the Construction
      Certificate. This payment can be made at Council or to the Long Services Payments
      Corporation. Payment is not required where the value of the works is less than $25,000.
      The Long Service Levy is calculated on 0.35% of the building and construction work.
      The levy rate and level in which it applies is subject to legislative change. The applicable fee
      at the time of payment of the Long Service Levy will apply.
      Reason: Prescribed - Statutory.

14.   Reflectivity Index
      The reflectivity index (expressed as a percentum of the reflected light falling upon any
      surface) of external glazing for windows, walls or roof finishes of the proposed development
      is to be no greater than 20%. Written confirmation of the reflectivity index of materials is to be
      submitted to the Certifying Authority prior to the issue of the Construction Certificate.
      Note: The reflectivity index of glazing elements can be obtained from glazing manufacturers.
      Glass with mirrored or reflective foil finishes is unlikely to achieve compliance with this
      requirement.
      Reason: To ensure that excessive glare or reflectivity nuisance from glazing does not occur
      as a result of the development.

15.   Roofing Materials - Reflectivity
      The metal roof shall be medium to dark in colour in order to minimise solar reflections to
      neighbouring properties. The metal roof shall not be of light colours such as off white, cream,
      silver or light grey colours. Details are to be submitted to the Certifying Authority prior to the
      issue of the Construction Certificate.

      Reason: To ensure that excessive glare or reflectivity nuisance from roofing materials does
      not occur as a result of the development.

16.   Section 94A Contribution
      $6,050 is to be paid to Warringah Council as a Section 94A levy prior to the issue of the
      Construction Certificate.
      This amount has been calculated using the Warringah Section 94A Development
      Contributions Plan. The amount will be adjusted at the time of payment according to the
      quarterly CPI (Sydney - All Groups Index). Please ensure that you provide details of this
      Consent when paying contributions so that they can be easily recalculated.


                  ITEM 4.1                                                                         Page 57
                        Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

      The basis for the contributions is as follows:

       Warringah Section 94A Development Contributions Plan

       Contribution based on total development cost of                 $ 605,000.00

       Contribution - all parts Warringah                         Levy     Contribution       Council
                                                                  Rate       Payable           Code
       Total S94A Levy                                            0.95%        $5,748           Rams
       S94A Planning and Administration                           0.05%         $303            Rams
       Total                                                       1.0%        $6,050

      Reason: To retain a level of service for the existing population and to provide the same level
      of service for the population resulting from new development.


       CONDITIONS THAT MUST BE ADDRESSED PRIOR TO ANY COMMENCEMENT


17.   Protection of Trees During Works
      All trees that are to be specifically nominated to be retained by notation or condition as a
      requirement of development consent shall be maintained and protected during demolition,
      excavation and construction on the site. Details of required protection methods shall be
      provided to the Certifying Authority by an appropriately qualified person prior to
      commencement of any works on the site.

      Reason: To ensure compliance with the requirement to retain significant planting on the site.
      (DACLDptdw)

18.   Public Liability Insurance - Works on Public Land
      Any person or contractor undertaking works on public land must take out Public Risk
      Insurance with a minimum cover of $10 million in relation to the occupation of, and approved
      works within Council’s road reserve or public land, as approved in this consent. The Policy is
      to note, and provide protection for Warringah Council, as an interested party and a copy of
      the Policy must be submitted to Council prior to commencement of the works. The Policy
      must be valid for the entire period that the works are being undertaken on public land.

      Reason: To ensure the community is protected from the cost of any claim for damages
      arising from works on public land.

19.   Road Opening Permit
      The developer/applicant is to obtain a “Road Opening Permit” from Council and pay all
      appropriate charges prior to commencement of any work on Council property. The
      developer/applicant shall be responsible for all public utilities and services in the area of the
      work, and as such shall notify all relevant Authorities, and bear all costs associated with any
      repairs and/or adjustments as those Authorities may deem necessary.

      Reason: Statutory requirement (Roads Act 1993).




                  ITEM 4.1                                                                         Page 58
                        Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875


20.   Notice of Commencement
      At least 2 days prior to work commencing on site Council must be informed, by the
      submission of a Notice of Commencement in Accordance with Section 81A of the
      Environmental Planning and Assessment Act 1979 of the name and details of the Principal
      Certifying Authority and the date construction work is proposed to commence.

      Reason: Legislative requirement for the naming of the PCA.

21.   Site Sign
      (1)     A sign must be erected in a prominent position on any work site on which work involved
              in the erection or demolition of a building is being carried out:
              (a)   stating that unauthorised entry to the work site is prohibited;
              (b)   showing the name of the principal contractor (or person in charge of the work
                    site), and a telephone number at which that person may be contacted at any time
                    for business purposes and outside working hours; and
              (c)   showing the name, address and telephone number of the Principal Certifying
                    Authority for the work.
      (2)     Any such sign must be maintained while to building work or demolition work is being
              carried out, but must be removed when the work has been completed.
      (3)     This condition does not apply to building works being carried out inside an existing
              building.
      Reason: Statutory requirement.

22.   Toilets
      (1)     Toilet facilities are to be provided, at or in the vicinity of the work site on which work
              involved in the erection or demolition of a building is being carried out, at the rate of
              one toilet for every 20 persons or part of 20 persons employed at the site.
      (2)     Each toilet provided:
              (a)   must be a standard flushing toilet, and
              (b)   must be connected:
                    (i)     to a public sewer; or
                    (ii)    if connection to a public sewer is not practicable, to an accredited sewage
                            management facility approved by the Council, or
                    (iii)   if connection to a public sewer or an accredited sewage management
                            facility is not practicable, to some other sewage management facility
                            approved by the Council.
      (3)     The provision of toilet facilities in accordance with this clause must be completed
              before any other work is commenced.
      (4)     In this clause:
              accredited sewage management facility means a sewage management facility to which
              Division 4 Sub-division 5 of the Local Government (General) Regulation 2005 applies,
              being a sewage management facility that is installed or constructed to a design or plan
              the subject of a certificate of accreditation referred to in of the Regulation.
              approved by the Council means the subject of an approval in force under the Local
              Government (General) Regulation 2005.
              public sewer has the same meaning as it has in the Local Government (General)
              Regulation 2005.

                    ITEM 4.1                                                                         Page 59
                          Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875


              sewage management facility has the same meaning as it has in the Local Government
              (General) Regulation 2005.

       Reason: To ensure adequate facilities are provided for workers on the site.


      CONDITIONS THAT MUST BE COMPLIED WITH DURING DEMOLITION AND BUILDING
                                     WORK


23.    Drainage Works
       All drainage works in Myoora Road are to be carried out in accordance with the Road and
       Traffic Authority’s (RTA) requirements which were outlined in the letter from the RTA to TJ
       Taylor Consultant Pty Ltd dated 29 October 2008.
       Reason: To ensure consistency with the RTA requirements.

24.    No Removal of Trees on Public Property
       No trees or native shrubs or understorey on public property (footpaths, roads, reserves, etc.),
       unless specifically approved in this consent, shall be removed or damaged during
       construction including for the erection of any fences, hoardings or other temporary works.

       Reason: Protection of existing environmental infrastructure and community assets.
       (DACLEnrtpp)

25.    Protection of Trees
       All trees not listed as exempt or noxious in Warringah that are not indicated for removal on
       Site Plan are to be protected.

       Reason: Protection of existing environmental infrastructure and community assets.
       (DACLEpt)

26.    Trees
       (1)    All approved excavation carried out within the specified radius of the Trunk/Trunks of
              the following tree/trees shall be hand dug without severing any roots greater than
              50mm:

                Plant species                        Radius from trunk
                All protected trees                              3 metres

       (2)    Tree roots of 50mm or greater in diameter encountered during excavation, shall only be
              cut following consultation with a qualified Arborist. Tree roots between 10mm and
              50mm in diameter, severed during excavation, shall be cut cleanly by hand.

       (3)    Underground services should use common trenches as far away from tree roots as
              possible. If the services need to be run within the protection zone, all utility pipes are to
              be laid using appropriate directional boring techniques. Directional Boring shall be
              carried out at least 600mm beneath natural ground to avoid damage to tree/trees root
              system. Entry and exit points are to be located outside the protected area. No tree
              roots are to be severed, or damaged during this work. Should problems arise, work is
              to cease until those problems are resolved and confirmed in writing by Council’s Tree
              Management Officer.



                    ITEM 4.1                                                                         Page 60
                          Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

      (4)     All overhead utility services are to be located outside the canopies of existing trees.

      (5)     The following guidelines are to be complied with at all times:

              (a)   The applicant shall ensure that at all times during the development period no
                    activities, storage or disposal of materials shall take place beneath the canopy of
                    any tree covered under Council’s Tree Preservation Order unless specifically
                    approved by Council.
              (b)   Trees marked for retention are not to be damaged or used to display signage, or
                    as fence or cable supports for any reason.
              (c)   Siting of sheds, stockpiles and vehicle parking should be sited so that they are
                    remote from trees.
              (d)   Site personnel are to be made aware of tree requirements and protective
                    measures. Paving materials placed within the dripline of any tree should be of a
                    porous material.

      (6)     During the construction period the applicant is responsible for ensuring all protected
              trees are maintained in a healthy and vigorous condition. This is to be done by
              ensuring that all identified tree protection measures are adhered to. In this regard all
              protected plants on this site shall not exhibit:

              (a)   A general decline in health and vigour.
              (b)   Damaged, crushed or dying roots due to poor pruning techniques.
              (c)   More than 10% loss or dieback of roots, branches and foliage.
              (d)   Mechanical damage or bruising of bark and timber of roots, trunk and branches.
              (e)   Yellowing of foliage or a thinning of the canopy untypical of its species.
              (f)   An increase in the amount of deadwood not associated with normal growth.
              (g)   An increase in kino or gum exudation.
              (h)   Inappropriate increases in epicormic growth that may indicate that the plants are
                    in a stressed condition.
              (i)   Branch drop, torn branches and stripped bark not associated with natural climatic
                    conditions.
              The presence of any of these symptoms or signs may be considered by Council as a
              breach of the Conditions of Development Approval.
      (7) All trees on neighbouring properties are to be protected from adverse impacts caused
          by the works. Any excavations or changes of level occurring within the canopy of trees
          on neighbouring properties shall only be undertaken following consultation by a suitably
          qualified Arborist.
            Any mitigating measures and recommendations required by the Arborist are to be
            implemented.
            The owner of the adjoining allotment of land is not liable for the cost of work carried out
            for the purpose of this clause.
            Reason: Protection of trees. (DACLEt)

27.   Tree Pruning
      Any tree pruning necessary for construction shall be carried out under the supervision of an
      appropriately qualified Arborist and be in accordance with the relevant Australian Standards.

      Note: The following Australian Standard applied at the time of determination:

              Australian Standard AS 4373.2007 - Pruning of Amenity Trees.

      Reason: To ensure protection and longevity of existing trees. (DACLEtp)


                    ITEM 4.1                                                                         Page 61
                          Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

28.   Tree Preservation Order
      The land is subject to a Tree Preservation Order and no trees other than those expressly
      granted permission as a result of this development consent, may be removed without the
      prior consent of Council.

      Reason: Protection of trees. (DACLEtpo)

29.   Project Ecologist
      Prior to the commencement of onsite works, a Project Ecologist is to be employed for the
      duration of the soil translocation work. The Project Ecologist is to provide certification that
      conditions relating to soil translocation have been carried out. The Project Ecologist is to
      provide this certification to the Certifier and copies to Warringah Council. The Project
      Ecologist is to be a vegetation management specialist and to have at least 4 years
      experience in the management of native bushland in the Sydney Region and have at least a
      TAFE Certificate III in Bush Regeneration or Conservation and Land Management - Natural
      Area Restoration.

      Reason: Environmental Protection

30.   During Soil Translocation All Machinery Must be Cleaned Off-site
      During the soil seedbank translocation work, the Project Ecologist must inspect and certify
      that all trucks and machinery are cleaned before entering the donor site, and check again
      that machinery is clean before entering the recipient site, for each truck movement. The
      Project ecologist is to certify in writing to the Certifying Authority that this condition has been
      complied with and provide a copy immediately to Warringah Council.

      Reason: Environmental Protection

31.   Phytopthora controls
      All workers and vehicles involved with the soil seedbank translocation and weed
      management must undertake hygiene protocols as set out in the Phytophthora cinnamomi
      fact sheet produced by the Royal Botanic Gardens. This fact sheet can be accessed at
      <http://www.rbgsyd.nsw.gov.au/information_about_plants/pests_diseases/fact_sheets/phytop
      hthora_root_rot>

      The Project Ecologist is to certify in writing to the Certifying Authority that this condition has
      been complied with and provide a copy immediately to Warringah Council.

      Reason: Environmental Protection

32.   Soil seedbank translocation
      The soil seedbank of the Grevillea caleyi habitat and Duffys Forest Ecological Community
      remnant that is to be excavated prior to the commencement of works is to be translocated to
      Department of Education managed land within Lot 2, DP 737411, No. 37 Myoora Rd, Terrey
      Hills (Terrey Hills Public School).
      The Project Ecologist is to supervise the soil seedbank translocation and ensure that the
      translocation is carried out according to the site-specific ‘Translocation and Monitoring
      management Plan’ prepared by the applicant and approved by Council.
      The Project Ecologist is to certify in writing to the Certifying Authority that this condition has
      been complied with and provide a copy immediately to Warringah Council.
      Reason: Environmental Protection


                  ITEM 4.1                                                                         Page 62
                        Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

33.   Applicant’s Cost of Work on Council Property
      The applicant shall bear the cost of all works associated with the development that occurs on
      Council’s property.

      Reason: To ensure the proper management of public land.

34.   Installation and Maintenance of Sediment Control
      Techniques used for erosion and sediment control on building sites are to be adequately
      maintained at all times and must be installed in accordance with Soils and Construction
      Manual Volume 1 - Managing Urban Stormwater. All techniques shall remain in proper
      operation until all development activities have been completed and the site fully stabilised.

      Reason: To protect the environment from the effects of sedimentation and erosion from
      development sites.

35.   Site Stabilisation
      The portion of the road reserve which is disturbed by the proposed works is to be turfed
      immediately after the completion of the driveway widening works and the soil seedbank and
      Grevillea caleyi seedling translocation works.

      Reason: To retain topsoil and minimise dust pollution. (DACHEss)

36.   Maintenance of Road Reserve
      The public footways and roadways adjacent to the site shall be maintained in a safe
      condition at all times during the course of the work.

      Reason: Public Safety.

37.   Silt & Sediment Control
      Provision shall be made throughout the period of demolition / Excavation & Construction to
      prevent transmission of soil to the public road and drainage system by vehicles leaving the
      site.

      Reason: To avoid siltation to adjoining properties and waterways.

38.   Traffic Control During Road Works
      Lighting, fencing, traffic control and advanced warning signs shall be provided for the
      protection of the works and for the safety and convenience of the public and others in
      accordance with Council’s Minor Works Specification and to the satisfaction of the Principal
      Certifying Authority. Traffic movement in both directions on public roads, and vehicular
      access to private properties is to be maintained at all times during the works.

      Reason: Public Safety.

39.   Civil Works Supervision
      All civil works approved in the Construction Certificate are to be supervised by an
      appropriately qualified and practising Civil Engineer.

      Reason: To ensure compliance of civil works with Council’s specification for engineering
      works.




                 ITEM 4.1                                                                         Page 63
                       Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875


40.   Layback Construction
      A layback 7 metres wide (excluding the wings) is to be constructed in accordance with
      Warringah Council Drawing No A4-2276 and specifications.

      Reason: To facilitate suitable vehicular access to private property.

41.   Vehicle Crossings
      The provision of 1 vehicle crossing 7 metres wide in accordance with Warringah Council
      Drawing No A4-3330/ N and specifications. An Authorised Vehicle Crossing Contractor shall
      construct the vehicle crossing and associated works within the road reserve in plain
      concrete. All redundant laybacks and crossings are to be restored to footpath/grass. Prior to
      the pouring of concrete, the vehicle crossing is to be inspected by Council and a satisfactory
      “Vehicle Crossing Inspection” card issued.
      For details see Warringah Council's website <http://www.warringah.nsw.gov.au> or phone
      (02) 9942 2111.
      Reason: To facilitate suitable vehicular access to private property.

42.   Stormwater Pipeline Construction
      Where connection to nearest stormwater drainage system is required, being the existing
      gully pit in Mona Vale Road, the applicant shall construct the pipeline in accordance with the
      RTA's specification for engineering works and shall reconstruct all affected kerb and gutter,
      bitumen reinstatements, adjust all vehicular crossings for paths, grass verges and household
      stormwater connections to suit the kerb and gutter levels. All works shall be undertaken at
      the applicant’s cost, in accordance with the RTA letter to T J Taylor P/L dated 29 October
      2008 and upon completion certified by an appropriately qualified and practicing Civil
      Engineer.

      Reason: To ensure compliance of drainage works with Council’s specification for
      engineering works.

43.   Construction Hours
      Building construction shall be restricted to within the hours of 7.00 am to 5.00 pm Monday to
      Friday and on Saturday to within the hours of 8.00 am to 1.00 pm inclusive, with no work on
      Sundays and Public Holidays.
      Demolition and excavation works shall be restricted to within the hours of 8.00 am to 5.00 pm
      Monday to Friday only. (Excavation work includes the use of any excavation machinery and
      the use of jackhammers, rock breakers, excavators, loaders and the like, regardless of
      whether the activities disturb or alter the natural state of the existing ground stratum or are
      breaking up/removing materials from the site).
      Where it is necessary for works to occur outside those hours allowed by these conditions,
      approval for such will be subject to issue of a permit on each occasion from Council's
      Customer Services Centre. Such permit must be obtained and the appropriate fee paid at
      least two (2) clear working days in advance of each relevant date. Such occurrence shall be
      limited to two occasions per calendar month and shall only be approved if public safety or
      convenience is at risk.
      Note: Failure to obtain a permit for work outside of the approved hours will result in on the
      spot fines being issued, or Council pursuing any action required (including legal proceedings)
      to have the out of hours work cease, without prior warning.
      Reason: To ensure that works do not interfere with reasonable amenity expectations of
      residents and the community.



                 ITEM 4.1                                                                         Page 64
                       Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875


44.   Demolition Works
      All Demolition Work shall be carried out in a safe manner by trained personnel under the
      management of a licensed demolisher who is registered with the WorkCover Authority, in
      accordance with all relevant Acts, Regulations and Australian Standards.
      Note: The following Australian Standard applied at the time of determination

              Australian Standard AS2601.2001 - Demolition of Structures

      Reason: To ensure a satisfactory standard of demolition works.

45.   Plant & Equipment Kept Within Site
      All plant and equipment used in the erection of the building, including concrete pumps,
      wagons, lifts, mobile cranes, etc, shall be situated within the boundaries of the site and so
      placed that all concrete slurry, water, debris and the like shall be discharged onto the building
      site, and is to be contained within the site boundaries. This condition shall be complied with
      during demolition and building work.

      Reason: To ensure public safety and amenity on public land.

46.   Plans on Site
      A copy of all stamped approved plans, specifications and documents (including the
      Construction Certificate if required for the work incorporating certification of conditions of
      approval) shall be kept on site at all times so as to be readily available for perusal by any
      officer of Council or the Certifying Authority.

      Reason: To ensure that the form of the development undertaken is in accordance with the
      determination of Council, Public Information and to ensure ongoing compliance.

47.   Requirement to notify about new contamination evidence
      Any new information revealed during demolition works that has the potential to alter previous
      conclusions about site contamination or hazardous materials shall be immediately notified to
      the Council and the Principal Certifying Authority.

      Reason: To protect human health and the environment.

48.   Protection of Public Places
      (1)     If the work involved in the erection or demolition of a building:
              (a)   is likely to cause pedestrian or vehicular traffic in a public place to be obstructed
                    or rendered inconvenient; or
              (b)   building involves the enclosure of a public place,
              a hoarding and site fencing must be erected between the work site and the public
              place.
      (2)     If necessary, an awning is to be erected, sufficient to prevent any substance from, or in
              connection with, the work falling into the public place.
      (3)     The work site must be kept lit between sunset and sunrise if it is likely to be hazardous
              to persons in the public place.
      (4)     Any such hoarding, fence or awning is to be removed when the work has been
              completed.



                    ITEM 4.1                                                                         Page 65
                          Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875


       (5)    No access across public reserves or parks is permitted.

       Note:    Prior to the erection of any temporary fence or hoarding over property owned or
       managed by Council, written approval must be obtained.

       Reason: To ensure public safety and the proper management of public land.


      CONDITIONS WHICH MUST BE COMPLIED WITH PRIOR TO ISSUE OF OCCUPATION
                                 CERTIFICATE


49.    Colours and Materials
       All external colours and materials should be generally consistent with the colours and
       materials specified in the ‘Schedule of Exterior Colours and Finishes’ in the letter to Council
       from the Sydney Design Company dated 28 October 2008.
       Reason: To ensure consistency with the desired future character statement for the A4
       Myoora Road locality.
50.    Bushfire Protection
       Construction shall comply with AS3959 – 1999 Level 1 ‘Construction of Buildings in bushfire
       prone areas.’
       At the commencement of building works and in perpetuity the property around the building to
       a distance of 20 metres or to the property boundary (whichever comes first) shall be
       maintained as an inner protection area (IPA) as outlined within Planning for Bush Fire
       Protection 2006 and the Service’s document ‘Standards for asset protection zones.’
       All new fencing shall comply with the Rural Fire Service Development Conrol Services ‘Fast
       Fact 2/06 – Revised December 2007 (Release 4).
       External doors shall comply with the Development Control Services ‘Practice Note 3/06 –
       Revised November 2007 (Release 2).
       Reason: To comply with the requirements of the Rural Fire Service.

51.    Approval to Install the On-site Sewage Management System
       This approval does not authorise the installation/modification or operation of an on-site
       wastewater treatment system. The applicant must complete an ‘Application for Approval to
       Install an On Site Wastewater Treatment System’ form in addition to the required information
       detailed within the form, for review by Council.

       If approval to install is granted by Council, the occupier must then obtain an ‘Approval to
       Operate an On Site Wastewater Treatment System’ prior to the issue of an Occupation
       Certificate. Application forms can be obtained from Council's website at:
       http://www.warringah.nsw.gov.au or by contacting Council’s Customer Service.
       Prior to the issue of an Occupation Certificate, the applicant is to provide the Certifying
       Authority with an ‘Approval to Operate an On Site Wastewater Treatment System’ issued by
       the Council.

       Reason: To protect public health and the environment from pollution from sewage and fulfil
       the requirement under Section 68 of the Local Government Act 1993.




                   ITEM 4.1                                                                         Page 66
                         Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875


52.   Authorisation of Legal Documentation Required for On-site Stormwater Detention
      The original completed request forms (Department of Lands standard forms 13PC and/or
      13RPA) must be submitted to Council for authorisation prior to the issue of the Interim/Final
      Occupation Certificate. A copy of the work-as-executed plan (details overdrawn on a copy of
      the approved drainage plan) and hydraulic engineer’s certification must be included with the
      above submission. Additionally a copy of the Component/Compliance Certificate issued by
      Council or an Accredited Certifier in Civil Works stating that the works are in accordance with
      the approved plans shall also be provided in the submission to Council.

      If Council is to issue the Compliance Certificate for these works, the fee is to be in
      accordance with Council's Fees and Charges.

      Reason: To create encumbrances on the land.

53.   Creation of Positive Covenant and Restriction as to User
      Where any conditions of this Consent require the creation of a positive covenant and/or
      restriction as to user, the original completed request forms, (Department of Lands standard
      forms 13PC and/or 13RPA), shall to be submitted to Warringah Council for authorisation. A
      certified copy of the documents shall be provided to Warringah Council after final approval
      and registration has been affected by the “Department of Lands" prior to issue of the
      Interim/Final Occupation Certificate.
      Reason: To identify encumbrances on land.

54.   Restriction as to User for On-site Stormwater Detention
      A restriction as to user shall be created on the title over the on-site stormwater detention
      system, restricting any alteration to the levels and/or any construction on the land prior to the
      issue of an Interim/Final Occupation Certificate. The terms of such restriction are to be
      prepared to Council’s standard requirements, (available from Warringah Council), at the
      applicant’s expense and endorsed by Council prior to lodgment with the Department of
      Lands. Warringah Council shall be nominated as the party to release, vary or modify such
      restriction.
      Reason: To ensure no modification to the on-site stormwater detention structure without
      Council’s approval.

55.   Positive Covenant for On-site Stormwater Detention
      A positive covenant shall be created on the title of the land requiring the proprietor of the land
      to maintain the on-site stormwater detention structure in accordance with the standard
      requirements of Council prior to the issue of an Interim/Final Occupation Certificate. The
      terms of the positive covenant are to be prepared to Council’s standard requirements,
      (available from Warringah Council), at the applicant’s expense and endorsed by Council prior
      to lodgment with the Department of Lands. Warringah Council shall be nominated as the
      party to release, vary or modify such covenant.
      Reason: To ensure ongoing maintenance of the on-site stormwater detention system.

56.   Parking Restrictions
      An application is to be made to Council for the installation of 10m of No Parking restriction on
      either side of the proposed driveway in Myoora Road. The installation of this restriction is
      subject to the approval of the Warringah Traffic Committee and payment to Council of the
      installation costs.
      Reason: To ensure the safety of vehicles entering and leaving the subject site.


                  ITEM 4.1                                                                         Page 67
                        Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

57.   Car parking Layout
      Fifteen (15) car spaces shall be line marked in accordance with the car parking layout on the
      approved plans prior to the issue of an Interim/Final Occupation Certificate.

      Reason: To clearly identify car parking spaces in accordance with the approved plans.


           ON-GOING CONDITIONS THAT MUST BE COMPLIED WITH AT ALL TIMES


58.   Opening Hours
      The hours of operation of the boat repairs and servicing facility, the boat showroom and the
      boat storage facility are restricted to between;

       •      8am and 5pm Monday to Friday

       •      8am to 4pm Saturday
      The businesses are not to operate on Sundays and public holidays.
      Reason: To ensure the amenity of the surrounding locality is maintained.
59.   Boat storage
      A maximum of 30 boats are to be stored on the site at any one time. All boats are to be
      stored within the buildings on site.
      Reason: To comply with the landscaped open space requirements of WLEP 2000 and to
      minimise the impact on the amenity of the area.
60.   Service of boats
      Servicing, detailing and repairs of boats or the storage of boat parts are to be conducted the
      designated service areas. Boats awaiting repair, under repair or awaiting delivery, shall not
      be stored, parked, or otherwise permitted to stand in a public street. All such vehicles shall
      be accommodated within the premises.

      Reason: To protect the amenity of the neighbourhood.

61.   Allocation of Spaces
      15 car parking spaces provided shall provided and maintained at all times on the subject site.
      Of the required number of car parking spaces at least one car-parking space must be
      provided for use by persons with a disability

      Car-parking provided shall only be used in conjunction with the uses contained within the
      development. Each car parking shall be line marked and numbered or signposted.

      Reason: To ensure that adequate parking facilities to service the development are provided
      on site. (DACGGas)

62.   Waste Collection
      Waste and recyclable material, generated by this premises, must not be collected between
      the hours of 10pm and 6am on any day.

      Reason: To ensure the acoustic amenity of surrounding properties. (DACGGcwc)



                   ITEM 4.1                                                                         Page 68
                         Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875


63.   Delivery Hours
      No deliveries, loading or unloading associated with the premises are to take place between
      the hours of 10pm and 6am on any day.

      Reason: To ensure the acoustic amenity of surrounding properties.

64.   Storage and handling of hazardous liquids
      All chemicals shall be stored and handled in accordance with:
      •    Australian Standard AS1940-1993 The storage and handling of flammable and
           combustible liquids
      •    Australian Standard AS 1940B1993: The Storage and Handling of Flammable and
           Combustible Liquids
      •    Australian Standard AS 4452B1997: The Storage and Handling of Toxic Substances
      •    Dangerous Goods Act 1975.
      •    Protection of the Environment Operations Act, 1997

      Reason: To ensure the safe management of hazardous liquids
65.   Bunding for Service Bays
      The service bays shall be bunded and drained to an adequately sized/constructed holding
      tank which will require pump-out by a licensed liquid waste contractor as necessary.
      Receipts for all pump-out services must be retained and available for inspection by Council
      at anytime.

      Reason: To protect the environment from potential contaminants.
66.   No Illumination
      No consent is given or implied for any form of illumination or floodlighting to any sign.

      Reason: To ensure appropriate forms of signage that are consistent with Council’s controls,
      and do not interfere with amenity of nearby properties.

67.   Noise Generation
      The uses shall operate in accordance with the recommendations of the ‘Environmental Noise
      Impact Assessment’ prepared by Acoustic Logic Consultancy dated 1 May 2008 including;
      (a)     For long periods (more than 5 minutes in any 15 minute period) 4-stroke outboards
              should be operated using the water tanks within the service area. For short testing
              periods (less than 5 minutes in any 15 minute period) 4-stroke outboards may be used
              in conjunction with outboard flushing muffs within the service area.
      (b)     High power 2-stroke outboards are to be operated using the water tanks within the
              service area at all times. Low power 2-stroke outboards may be used in conjunction
              with outboard flushing muffs within the service area but for no more than 3 minutes out
              of any 15 minute period. Please note low power outboards are defined as any outboard
              with a rating including and below 8hp.
      (c)     No more than one 2-stroke engine is to be operated at any one time within the service
              area.
      (d)     No more than two 4-stroke engines are to be operated any one time and only on the
              condition that both area operating in water tanks within the service area.
      Reason: Health & amenity.



                   ITEM 4.1                                                                         Page 69
                         Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875

68.   Noise Generation
      Noise from the combined operation of all mechanical plant and equipment (including air
      conditioning units) shall not generate noise levels that exceed 5dB(A) above the ambient
      background noise level measured at the nearest property boundary when measured in
      accordance with the Environment Protection Authority’s NSW Industrial Noise Policy.

      Reason: Health & amenity.

69.   Display of accessories

      A maximum of 10% of the floor area (25 square metres) of the boat showroom is to be used
      for the display of accessories.

      Reason: To limit the intensity and impact of the boat showroom use.




                 ITEM 4.1                                                                         Page 70
                       Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875
                                                                                            ATTACHMENT A
Site Plan and Elevations




                    ITEM 4.1                                                                         Page 71
                          Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875
                                                                                            ATTACHMENT A
Site Plan and Elevations




                    ITEM 4.1                                                                         Page 72
                          Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875
                                                                                            ATTACHMENT A
Pre-lodgement Notes 21 May 2008

•   Attendees For Applicant                         •   Attendees for Council
    Gary Thompson                                       Rodney Piggott – Team Leader / Planning &
                                                        Development Services
                                                        Robert Barbuto – Team Leader / Development
                                                        Engineering
                                                        Nick England – Development Assessment
                                                        Officer

•   Address of Proposal:    Part Lot 170 DP 752017 (No.56) Myoora Road, Terrey Hills

•   Description of proposal: Proposed Motor Showroom / Warehouse


•   Locality under Warringah Local Environmental Plan 2000: A4 Myoora Road


•   Category Of Development: Category 3 (Motor showroom and warehouse)


BUILT FORM CONTROLS                       COMMENT

•   HOUSING DENSITY                       Not applicable (N/A)

•   BUILDING HEIGHT                       A maximum 8.5m height limit applies to all building works.

                                          Whilst the height of the proposed building (8.5m on eastern
                                          elevation) complies with this requirement, the minimum
                                          ground floor to ceiling height requirement (7.2m) is breached
                                          by the proposed structure. This height is estimated at 8.25m
                                          on the eastern elevation and therefore justification for the
                                          variation under Clause 20 of WLEP 2000 will be needed to be
                                          lodged with any future application.

•   SIDE BOUNDARY SETBACKS:               A minimum 7.5m side setback control applies.

                                          The proposed building provides a 7m side setback on the
                                          southern boundary and an 8.5m side setback on the northern
                                          boundary. It should be noted that this was estimated from
                                          scaling off the plan as no dimensions specifying the setbacks
                                          are provided on the submitted plans.

                                          The proposed should be amended to comply on the southern
                                          boundary.

•   FRONT SETBACK                         A minimum front setback of 30m applies, of which the
                                          proposed building complies.

•   REAR SETBACK                          A minimum 7.5m rear setback control applies. The proposed
                                          building works comply with this requirement.

•   LANDSCAPED OPEN SPACE:                Minimum 70% of site area, allotments larger than 3,500m2.
                                          The proposed area of landscaping as demonstrated on the
                                          plans, is 72% of the site area, which complies with this Built
                                          Form control.

•   BUILDING SITE COVERAGE                The maximum area of building site coverage is 20% of site
                                          area. The proposal will occupy at least 14% of the site area,
                                          complying with this control.




                  ITEM 4.1                                                                         Page 73
                        Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875
                                                                                             ATTACHMENT A
Pre-lodgement Notes 21 May 2008
BUILT FORM CONTROLS                       COMMENT

•    DESIRED FUTURE                       The Myoora Road locality will provide an environment for low-
    CHARACTER ISSUES:                     intensity business, community and leisure uses. The motor
                                          showroom use is a Category 3 use that will need to
                                          demonstrate consistency with this aspect of the DFC. Subject
                                          to the deletion of the open storage area and this area being
                                          used as landscaped open space, the proposed use is
                                          consistent with a low intensity business.
                                          Any future signage is to be designed to not attract passing
                                          trade, and therefore should only be for business identification
                                          in design and scale. The proposal should include additional
                                          articulation to ensure consistency.
                                          Articulated building forms are encouraged. The colours and
                                          materials used in the proposed building are to blend with the
                                          natural landscape and minimise the visual impact of any
                                          building works.
                                          A photo-montage of the proposed building, illustrating the
                                          visual impact of the proposal from vantage points on Mona
                                          Vale Road should be provided in any future application.


GENERAL PRINCIPLES                       COMMENTS

DIVISION 1 – GENERAL (GLARE;             Construction sites: standards conditions would apply
LOCAL RETAIL CENTRES; HOUSING
FOR OLDER PEOPLE; BROTHELS;
CONSTRUCTION SITES – CL 38-42)

DIVISION 2 – HEALTH AND SAFETY           Noise: an acoustic report will be need to be submitted with
                                         any application, identifying any potential noise sources and
(NOISE; POLLUTANTS; HAZARDS;             measures to mitigate any adverse impact.
RADIATION; FLOODING;
CONTAMINATED LAND;                       Pollutants: a control device for separation of oil and grease
REMEDIATION OF CONTAMINATED              from stormwater is to be provided.
LAND – CL 43-49)
                                         Contaminated Land: A preliminary site investigation report on
                                         potential land contamination will be required, to assess if the
                                         land is suitable to use of the proposed purpose.

DIVISION 3 – PUBLIC DOMAIN               Signage: Maximum sizes for signs are specified in Clause 53.
(SAFETY FRONT FENCES, DEV NEAR
PARKS; SIGNS – CL 50-53)


DIVISION 4 – SITE                        Flora: Investigation is required into the potential impact of the
PLANNING/DESIGN                          proposed development on the habitat for flora on the
(SERVICES; SITE CONSOLIDATION;           proposed site. See Threatened Species comment below.
UNIQUE FEATURES; SLOPING LAND;
FLORA; KOALAS; WATERCOURSES;
VIEWS; SUNLIGHT; LANDSCAPED
OPEN SPACE; PRIVATE OPEN
SPACE; PRIVACY; BULK ROOFS;
CONSF OF ENERGY/WATER;
ACCESSABILITY; SITE FACILITIES –
CL 54-70)




                  ITEM 4.1                                                                         Page 74
                        Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875
                                                                                            ATTACHMENT A
Pre-lodgement Notes 21 May 2008

GENERAL PRINCIPLES                                    COMMENTS

DIVISION 5 – TRAFFIC ACCESS PARKING                   Parking Provision: A traffic study prepared by a
(PARKING FACILITIES; TRAFFIC ACCESS;                  qualified traffic engineer/ planner is to be
                                                      submitted with the application. The study should
LOADING; PARKING PROVISION; DESIGN – CL               demonstrate that adequate space exists on site
                                                      to accommodate the amount of parking required
71-75)                                                for the proposed land use and assess its likely
                                                      impact on the road environment. The report is to
                                                      address Schedule 17 and Clause 71 of WLEP
                                                      2000.
                                                      Traffic Access: The driveway must be able to
                                                      accommodate heavy vehicles above 3 tonne in
                                                      weight.

DIVISION 6 – SOIL/WATER MANAGEMENT                    On-site detention (OSD) of stormwater is
(STORMWATER; LANDFILL;                                required. The OSD system is to be located in the
EROSION/SEDIMENTATION – CL 76-78)                     driveway area, preferably in a tank system.

DIVISION 7 – HERITAGE (CL 79-83)                      N/A

Reminders – Site Analysis; NATHERS                    N/A

              OTHER ISSUES ARISING:                   COMMENTS

1. Draft Warringah (Standard Instrument) LEP.         1. The draft LEP was reported to Council on 13
                                                      November 2007, yet has still to receive
                                                      Departmental permission for exhibition. Under
                                                      this draft LEP, the proposed zone (RU4) would
                                                      have the effect of prohibiting the proposed motor
                                                      showroom. No timing can be given as to when
                                                      the LEP will be placed on exhibition.

2. Service Area                                       2. The service area could only be ancillary to the
                                                      motor showroom / warehouse use.

3. Sewage Disposal                                    3. Sewage disposal will need to be
                                                      accommodated on-site and details to comply with
                                                      Section 68 of the Local Government Act 1993.

4. Threatened Species                                 4. The identified presence of Threatened Species
                                                      (as advised by Council’s Bushland Unit) requires
                                                      a new Species Impact Statement under the
                                                      Threatened Species Conservation Act.

5. SEPP 64 – Advertising Signage                      5. Any proposed signage is to be designed to
                                                      comply with design criteria contained within
                                                      SEPP 64, particularly its visual impact on the
                                                      adjacent classified road (Mona Vale Road).

6. Section 79BA of EP&A Act – Bushfire                6. As the land is subject to Council’s bushfire
                                                      prone land map, a bushfire risk assessment
                                                      report is to be provided with any future
                                                      application.

7. Schedule 15 of WLEP                                7. The Statement of Environmental Effects is to
                                                      address the requirements of Schedule 15 of
                                                      WLEP 2000.




                  ITEM 4.1                                                                         Page 75
                        Report to Warringah Development Assessment Panel Meeting on 11 February 2009
CA/PDS/7883
DA2008/0875
                                                                                          ATTACHMENT A
Pre-lodgement Notes 21 May 2008
NOTE:
• All documentation greater than 10 pages submitted with the application is to be accompanied by an
  electronic copy in a format compatible with Council’s operating system.
• Development Applications lodged after 1 July 2005 can be tracked on Council’s web page -
  www.warringah.nsw.gov.au
• Warringah Local Environmental Plan 2000 was last amended on Friday 15 September 2005. All
  Development Applications lodged after this date should reflect changes from Amendment No. 11.


MEETING COMMENCED AT: 11.40am                       MEETING FINISHED AT: 12.40pm




                  ITEM 4.1                                                                         Page 76
                        Report to Warringah Development Assessment Panel Meeting on 11 February 2009

								
To top