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Such investment must be in accordancewith relevant legislative requirements and Council Policies, and the ChiefFinancial Officer must report monthly to Council on the details of the fundsinvested. A report is required to be submitted for Council’sconsideration each month detailing Council's investments and borrowings andhighlighting the monthly and year to date performance of the investments. Initial investments and reallocation of funds are made, where appropriate,after consultation with Council's financial investment adviser and fundmanagers. Due the cumulative impacts of quarry fill related traffic,further consideration of No Right Turn bans into or out of Peats Ferry Road atDural Street or Dural Lane should be investigated when the quarry filling workis underway.
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R4 zoned land is excluded as larger scale residentialflat buildings are encouraged in this zone. Council intervention to resolve a matter over which Councilhas no legal obligation would result in the use of public funds to provideprivate benefit. Accordingly, it is recommended that Council endorseOption 1, consistent with the previous resolution, to negotiate a right ofcarriageway with the owner of property No. 34 Hinemoa Avenue, Normanhurst uponthe lodgement of a future subdivision application. Given that the currentowner is preparing to sell the property, this opportunity may occur in the nearfuture. The dwelling house at property No. 17B Redgrave Road wasconstructed over 30 years ago and   vehicular access has always beenobtained from Redgrave Road.
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The assessment did not record anythreatened flora species but noted previous surveys recorded Tetrathecaglandulosa which is listed as vulnerable. The species is unlikely to beimpacted on by the proposal as the species was recorded on the upper ridge landareas of the site. The previous consent (RFSletter dated 17 July 2015) was issued based on the information provided by theapplicant, on the navigability of Calabash Bay for NSW RFS bush firefightingvessels to access the proposed berthing facilities, with regard to Median LowWater Spring (MLWS) tide levels.

On 17 July 2015, the NSW RuralFire Service advised of its General Terms of Approval for a Bush Fire SafetyAuthority subject to recommended conditions. In accordance with Council’s adopted Policy PS41Proposed Council Developments and Practice Note No. 7 – AssessmentPractice, the assessment of the development application has been referredto an independent town planning consultant. The applicant’s attention is drawn to the existence ofthe Disability Discrimination Act. A construction certificate isrequired to be obtained for the proposed building/s, which will provideconsideration under the Building Code of Australia, however, thedevelopment may not comply with the requirements of the DisabilityDiscrimination Act.
For example, section 96 of the Environmental Planning and AssessmentAct 1979 includes a power to modify a development consent once granted. The river settlement of Berowra Waters is approximately 1.6km upstream from the site with berthing facilities and road connection toBerowra Heights shopping centre and to Berowra Railway Station located 5.3kmsouth east of the site. The site includes Aboriginal relics including a midden onthe Calabash Bay foreshore of the site. A fire trail through the site links the Fretus Hotel ruinswith McCallums Road, Berrilee (off Bay Road) and generally follows a roadreservation that extends from McCallums Road through to the central part of thesite. In February 2014, the fire trail was upgraded by Ausgrid for vehicleaccess for power line maintenance. On 17 May 2016, the NSW RuralFire Service requested additional information to demonstrate compliance withPlanning for Bush Fire Protection 2006 performance criteria, having regard toMHL recommendation for deepening the channel for navigable access.

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.
A condition is recommended for excavated material to beclassified by a suitably qualified person in accordance with the Department ofEnvironment, Climate Change and Water NSW Waste Classification Guidelines priorto disposal to an approved waste management facility. A construction certificate isrequired to be obtained for the proposed building/s, which will provide considerationunder the Building Code of Australia, however, the development may notcomply with the requirements of the Disability Discrimination Act. A certificate from the projectarborist must be submitted to the Principal Certifying Authority and Councilstating compliance with the relevant tree protection conditions of thisconsent. The proposal is for thedemolition  of existing structures and construction of a five storey residentialflat building comprising 36 units and basement car park.

Implicit to the public interest is the achievement of future built outcomesadequately responding to and respecting the future desired outcomes expressedin environmental planning instruments and development control plans. The sites for the indicative building envelopes on theproposed lots would provide for future dwelling houses with regard to thedesired outcomes and prescriptive measures of the HDCP for riversettlement land, in respect to dwelling design, setbacks and openspace. The proposed lots are ofsufficient size to accommodate a future dwelling house within the proposedindicative envelopes and comply with the maximum floor space ratio. Any futuredwelling houses would be subject to the Hornsby Development Control Plan2013 prescriptive measures for river settlement land.
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The proposal includes a Crime Risk Assessment of the development against crime prevention controls. The Crime Risk Assessment has regard to Crime Prevention Through Environmental Design Principles (CPTED). Appropriate conditions of consent are recommended to ensure there is a positive relationship between public and private spaces achieved through clearly defined secure access points and well-lit and visible areas which are easily maintained. The proposal includes a landscape concept plan which provides landscaping along the street frontages, side and rear boundaries. Street trees are recommended along the Citrus Avenue frontage which would soften the appearance of the development when viewed from the Citrus Avenue. In addressing this concern, astormwater concept plan was requested by Council and submitted on 11 November2016.
Aright of pedestrian access and boardwalk is proposed for access for lot 1 overthe frontage of lot 2. The first jetty is shared between proposed lot 3 and lot 4and comprises a 2.5m x 1.5m jetty with 6m x 1.5m ramp and 12m x 2.5m pontoon.The jetty is over the common boundary and above the MHWM. The proposed development does not involve any works withinthe area of the site identified as coastal wetlands on the Coastal Wetlands andLittoral Rainforests Area Map. The proposed development is subject to the provisions of thedraft Policy pursuant to Section 79C(1)(a)(ii) of the Environmental Planningand Assessment Act, 1979.
Subject to recommended conditions, the proposal issatisfactory in addressing the provisions under Clause 6.2 of HLEP. On at least oneoccasion in every 12 month period following the date of the first ‘FireSafety Certificate’ issued for the property, the owner must provideCouncil with an annual ‘Fire Safety Certificate’ to each essentialservice installed in the building. A detailed geotechnicalassessment of the site by a chartered structural engineer is to be undertakenfor the design of the excavation, ground vibration, excavation support, designparameters for support systems and anchor design, groundwater and foundation design. The proposal is satisfactory in meeting the key developmentprinciples of HDCP for five storey residential flat development withinthe Peats Ferry Road, Asquith Precinct.