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Accordingly, the proposed exception to the maximum buildingheight development standard is well founded and acceptable. The proposed silo structure has a height of 22.423m and doesnot comply with the maximum height development standard. The height of the silostructure is necessary for operation of the hopper to the agitator truckloading bay and forms an addition to the existing silos.
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The topography is essentially the same as the existing riversettlement lots at Calabash Point. The proposed lots would provide for futuredwelling houses subject to geotechnical design to address the steeply slopingtopography. The objective of the density standard under Clause 14 of theHSLEP applies to all land use zones subject to a minimum lot sizedevelopment standard. The objective however in respect to the EnvironmentalProtection E (River Settlement) Zone is atypical as the objectives for thiszone provide for low density housing development of the existing riversettlement lots which are substantially less than 40 hectares in size.

The above Policy (Exempt & Complying SEPP)includes provision for change of use of industrial premises as ComplyingDevelopment. The proposed first use of the proposed units of the industrialbuilding would be consistent with the specified uses under Part 5 Division 1Subdivision 2 of the Policy, enabling the future change of the first use toanother use as Complying Development. The proposal involves excavation works to a maximum depth of6m in a stable sandstone formation. A condition is recommended for a detailedgeotechnical assessment of the site by a chartered structural engineer to beundertaken for the design of the building excavation and support, groundwaterdrainage, and foundation design. The proposal includes strata subdivision of the proposed 17units with car parking allocated to the respective units.
The transfer of entitlement from the existing lots to theproposed lots was raised as a concern as requiring separate provision under HLEP. The proposal would provide additional housing opportunitiesin the river settlement of Calabash Point. The removal of the vegetation is subject to a VPA foroffsetting the loss of the vegetation with the regeneration and enhancement ofCouncil bush regeneration sites along the Hawkesbury River. Theregeneration sites include Calabash Point, Cunio Point, Neverfail Bay,Fisherman’s Point, Cobah Point, The Woolwash, Collingridge Point, BarIsland, Milsons Passage and Dangar Island. The vegetation community is not identified under the ThreatenedSpecies Conservation Act 1995 and the proposed removal of the vegetationwould not significantly impact on any flora or fauna species or communitiesidentified under the legislation.

Subject to recommended conditions the proposal would meetthe HDCP desired outcome for open space. Clause 6.2 of the HLEP states that consent isrequired for proposed earthworks on site. Before granting consent forearthworks, Council is required to assess the impacts of the works on adjoiningproperties, drainage patterns and soil stability of the locality. The proposed development exceeds the maximum building heightdevelopment standard by 27.5%. Clause 4.3 of the HLEPprovides that the height of a building on any land should not exceed themaximum height shown for the land on the Height of Buildings Map.
The applicant submitted a flora and fauna assessmentprepared by Ecotone Ecological Consultants dated 10 September 2013. Clause 20 of HSLEPrequires development consent for all development below mean high water mark. The proposed development has been assessed having regard tothe provisions of the Hornsby Shire Local Environmental Plan 1994 (HSLEP) asfollows. Giving clause 55 EPARegulation “the widest interpretation which its language permits”we conclude that the decision to agree to the amendment of the DA to the 4 lotproposal was a decision which was open to the Council to make. A copy of the legal advice from Peter Tomasetti SC forms anattachment to this report.

Given the above siteoperation systems, the proposal is satisfactory in respect to air quality. The surface water runoff is treated on-site in settlementtanks and flush captured before discharge to the Council stormwater system.Captured water is reused in the plant together with retained solids. In respect to Clause 36(c) the silo operation is sealed andincludes dust level monitoring to prevent emissions. The proposed development would be consistent with ‘APlan for Growing Sydney’ and ‘Draft North District Plan’by providing essential construction materials for the building and constructionindustry. The site was originally approved as a concrete batchingplant in 1958 and operated by Ready Mix Concrete. Negotiations with Norwood Community Preschool andCherrybrook Community Kindergarten are yet to be finalised.
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The role of the Codes SEPP was originally envisaged toenable minor, low impact development as complying development, where approvalby an accredited certifier would not require merit assessment. Unlike SEPP 65and the Apartment Design Guide, the proposal to introduce medium densityhousing and the supporting design guide, would override local planning controlsand provide no provision for the preservation of localcharacter. The waste management requirements for the proposal would beaddressed in development applications for future dwelling houses on theproposed lots.
A right of way and easement for electricitybenefiting Lot 1 is proposed across the rear of proposed Lots 2, 3 and 4 to theexisting right of carriageway and electricity easement at the rear of theproposed lots. On 25 August 2015, the applicantsubmitted a Voluntary Planning Agreement to offset the loss of nativevegetation on the site required to provide an Asset Protection Zone for theproposed lots. All work must be carried out inaccordance with the approved waste management plan. The proposed stormwater drainage system  includes astormwater detention system and water quality control facility to achieve the HDCPurban stormwater quality targets.
The proposed steel cylindrical silos would be 11.726m highand 3.4m wide and have a 130 tonne capacity. The proposed installation involves the construction ofconcrete footings and silo mounting frame. Heads of Agreement - This attachment should be dealt with in confidential session, under Section 10A (2) (c) of the Local Government Act, 1993. This report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.