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Council haspreviously received legal advice confirming that Council is not obliged tocompensate the owner as the decision to abandon the road extension of AriannaAvenue was based on sound planning reasons and followed an appropriate process. In October 1995, Council considered feedback from residentsand resolved to defer consideration to enable the new Councillors to hold anon-site meeting. Council officers at the on-site meeting concluded thatthe extension of Arianna Avenue would require a natural watercourse to bepiped, several significant trees to be removed and for extensive batters andfill to achieve reasonable grades for any future road. In November1984, Council approved a dwelling at property No. 17B  Redgrave Road,Normanhurst. The siting of the dwelling was based on gaining vehicularaccess to an extension of Arianna Avenue. The double garage and formalentrance of the dwelling face the rear of the property.
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A detailed assessment of the flora and fauna for the siteshas subsequently been undertaken and management action plans have been preparedin consultation with Council staff. Creditshave been created for both vegetation communities and some individual flora andfauna species represented in the reserves. Biobanking enables 'biodiversitycredits' to be generated by landowners and developers who commit to enhance andprotect biodiversity values on their land through a biobanking agreement.
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In addressing this concern, theprescriptive measure 3.1.5(b) in the HDCP states “On 22 June, 50 percent of the required principal privateopen space on any adjoining property should receive 3 hours of unobstructedsunlight access between 9am and 3pm”. There are no prescriptivemeasures for Council to consider in terms of overshadowing of windows servingadjacent properties. In support of these outcomes,the prescriptive measure 3.1.6(a) states that “living and entertainingareas should be located on the ground floor and orientated towards the privateopen space of the dwelling house and not the side boundaries”. Asdetailed in the above table, the proposed development generally complies withthe prescriptive measures within the HDCP apart from the floor area and numberof storeys. A brief discussion on compliance with relevant performancerequirements and Part 1C General Controls is provided below. Subject to the installation of sediment and erosion controlmeasures and stormwater management to protect water quality, the proposal wouldhave minimal potential to impact on the Sydney Harbour Catchment.

An Arborist Impact Assessment(AIA), prepared by McArdle Arboricultural Consultancy was submitted on 24August 2016 as requested by Council. The AIA notes that thedevelopment would necessitate the removal of two non-native Liquid Amber trees(Liquidambar styraciflau) which are located within the proposed buildingenvelope of the dwelling. Council’s tree assessment notes that anothernon-native Prunus avium tree would be significantly impacted by thedevelopment and would be required to be removed. The AIA and Council’stree assessment note that a further ten trees on the subject and adjacent siteswould have the potential to be impacted by the development unless appropriatetree protection measures are undertaken. The application has been assessedagainst the requirements of State Environmental PlanningPolicy (Exempt and Complying Development Codes) 2008 – NSW Housing Code.The Policy provides exempt and complyingdevelopment codes that have State-wide application. The Policy also identifiestypes of development that are of minimal environmental impact that may becarried out without the need for development consent and types of complyingdevelopment (including dwelling houses) that may be carried out in accordancewith a complying development certificate.
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.

On 26October 2016, a Councillor Briefing was held to identify access options for No.17B Redgrave Road, Normanhurst. Councillors noted that a report on theoptions would be presented at a future meeting for Council’sconsideration. Council resolved that the Plan for the extension of AriannaAvenue be abandoned and upon development of No. 34 Hinemoa Avenue, Councilnegotiate construction of a right of carriageway to provide vehicular access toNo. The purpose of this report is to discuss options for vehicleaccess from No. 17B Redgrave Road to Arianna Avenue, Normanhurst arising fromabandonment of a former Council plan of subdivision. Are left on waterfront land otherthan in accordance with a plan approved by the NSW Office of Water. The required bushfire protectionzone(s) must be maintained in perpetuity in accordance with the IntegratedVegetation and Fire Management Plan approved under Condition No. 1.
The proposal is acceptable for NSW Rural Fire Service wateraccess subject to additional requirements for bush fire protection. The bushfire riskcan be managed for the proposal subject to recommended conditions of the NSWRural Fire Service. The proposed VPA is acceptable is respect to the principlesof the Green Offsets Code. A deferred commencement condition is recommended forthe applicant to enter into a VPA to offset the loss of Rough-barked Apple– Forest Oak vegetation community. Subject to recommended conditions for the applicant to enterinto a VPA with Council and conditions to maintain and protect biodiversity,the proposal is acceptable in respect to the HDCP requirements forvegetation preservation and biodiversity.

Tenants also enjoy immediate proximity to retail, hotel/conference facilities, health clubs, childcare centres and many other local amenities. With its inviting frontage and direct access to Lane Cove Road (Metro Route 3), Macquarie Link is seen by thousands of passers-by every day. Local Parks - Council has an ongoing program for therenewal and delivery of new local parks, as set out in Council’s DeliveryProgram. Local playgrounds are generally developed in areas where majorredevelopment is occurring in association with new high density housing areassuch as Asquith, Hornsby and Waitara and the Cherrybrook Station Precinct.
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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.
Due the cumulative impacts of quarry fill related traffic, further consideration of No Right Turn bans into or out of Peats Ferry Road at Dural Street or Dural Lane should be investigated when the quarry filling work is underway. The existing “No Right Turn, 7am - 9am, 3pm - 6pm Monday to Friday” should be amended to “No Right Turn, 6am am, 3pm - 7 pm, Monday to Friday”, subject to the recommendation of the Hornsby Shire  Local Traffic Committee after public consultation. The play space provides theopportunity for children of all ages and abilities to play independently.