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As detailed in Part4.3.4 of the Draft North District Plan, councils are in the best position toinvestigate opportunities for medium density development through local housingstrategies developed in consultation with their community. Any medium density complying development application wouldbe required to include a Design Verification Statement to confirm thedevelopment is blind screens consistent with the principles of the MDDG. The Codes SEPP amendments for medium density housing wouldonly apply in areas where those dwelling types are permitted in the R1, R2, R3or, RU5 zones by an LEP. The proposed complying dwelling types would belimited to 2 storeys and be of a similar scale to a dwelling house carried outunder the General Housing Code.

The variation wouldallow the orderly and economic use of the land in accordance with the landzoning, facilitating the delivery of a key State government infrastructureproject by providing concrete for NorthConnex. The application proposes the installation of two, 130 tonnesilos for the storage of cement and fly ash. The proposed silos are to beinstalled adjacent to the rear of the existing concrete batching plant and connectwith the existing loading bay for filling of agitator trucks. Gateway @Smithfield – a modern, multi-unit estate in the prime location of Smithfield with seamless access to view infrastructure and arterial roads.Situated in close proximity to the M7 and M4 motorways. The site is ideal for small to medium sized businesses seeking a quality, well located unit for general warehousing, and logistic purposes. In more recent years Council has been delivering moreinclusive play designs as playgrounds are renewed.
Thisinformation does not form part of the conditions of development consent pursuantto Section 80A of the Act. A maximum of 13 agitator trucksare permitted to operate in association with the concrete batching plant. The site must be managed inaccordance with the publication ‘Managing Urban Stormwater –Landcom (March 2004) and the Protection of the Environment OperationsAct 1997 by way of implementing appropriate measures. To prevent sedimentrun-off, excessive dust, noise or odour emanating from the site during theconstruction of the development. This application must besubmitted to Sydney Water for approval to determine whether thedevelopment would affect any Sydney Water infrastructure, and whetherfurther requirements are to be met.

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As aconsequence, the proposal is subject to assessment under Part 9.3 and 9.4 inthe HDCP. The car parking and driveway would comply with the aboveprescribe measures and is consistent with the desired outcomes of Part 3.1.7Vehicle Access and Parking in the HDCP and is considered acceptable. In regard to the above, theproposed car parking complies with all of the above prescriptive measures. The desired outcome of Part 3.1.7 Vehicle Access and Parkingin the HDCP is to encourage “development that provides sufficient andconvenient parking for residents with vehicular access that is simple, safe anddirect”. In addressing the objections regarding the setting of thebuilding, it is noted that the development would not exceed the 8.5 heightlimit at any point.

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 condition is recommended for adilapidation report to be prepared in respect to adjoining properties. Councils assessment concludes that the proposed system issatisfactory subject to conditions included in schedule 1 of this reportrequiring the stormwater system (including the OSD) to be designed by aqualified engineer and constructed in accordance with relevant discharge andcapacity standards. No objections are raised to the existing 150mmstormwater pipe as its maximum flow rate is sufficient for the proposal. The streetscape is characterised by a mixture of single anddouble storey detached dwellings. Thedwelling-house is primarily orientated towards the street and rear boundary inaccordance with the HDCP. The dwellings finishes would be consistent with the surrounding environmentincluding face brick, window brick seals, sandstone sub floor walls and darktone roof tiles.
The proposed rear 6m wide landscaping area is less in widththan the 7m required by HDCP. The area however, is considered acceptableon merit given the limited site depth and the open space sports field of theadjoining school at the rear of the site. The subject site is rectangular in shape with a depth of35.4m and frontage/length of 48.7m.

Neighbouring land owners are notified, butthere is no provision for merit based submissions and no requirement to respondto merit issues. The applicant submitted  a site capability assessmentfor disposal of effluent, prepared by Nyranie Consulting, dated 30 August 2013.The assessment included bore hole sampling and analysis across the proposedlots. The analysis identified sandy soil with a depth of 200mm to 400mm oversandstone.