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A better approach would be toalign the MDDG so that it applies in the same way that SEPP 65 and theApartment Design Guide operate. This would avoid the one size fits allapproach and would ensure that all councils and local communities are equallyimpacted and given the opportunity to prepare their own medium density housingstrategies. The HLEP is one of the few environmental planninginstruments in NSW that permits residential flat buildings (RFBs) in the R3Zone. As the highest and best use, lower yield housing types are lessattractive to developers who mainly seek to develop two storey walk upflats.
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The proposal would facilitate the implementation ofNorthConnex and other infrastructure projects and be of positive economicimpact. The proposed two silos wouldbe attached to the existing concrete batching plant silos. An existing noisebarrier wall is in place which mitigates noise generated by the plant. The noise generated by the operation of the silos would be the same as theexisting silos. To ensure the frequency oftruck movements remains consistent with the existing operation, a condition isrecommended for the number of agitator trucks operating from the plant to remainat a maximum of 13 trucks.
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.

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.
Whilst LGA specific housing targets are identified, thedraft Plan does not identify a specific mix of low, medium or high densityhousing to be achieved. In the absence of a target or guidance onthe   take up of medium density housing, the objectives of theamendments may not be achieved, particularly as the proposed Code amendmentsapply differently to each council based on the permissibility of land useswithin their LEP. The development standards for complying development would becontained within the Codes SEPP and MDDG. The role of the MDDG is to providefurther explanation of the complying development standards and guidance on gooddesign. Manor homes are a new development type and are intended toapply within any zone where multi dwelling housing or residential flatbuildings are permitted.

The Codes SEPP and MDDG go some way towards improving thedesign controls and are generally consistent with the integrated housingrequirements of Growth Centre Precincts. However, the controls are not wellsuited to existing middle ring suburbs and would be inconsistent withCouncil’s approach of encouraging medium density housing within alandscape setting. The following minimum development standards need to be metfor multi dwelling housing (terraces), manor homes and subdivision to beconsidered as complying development. The Medium Density Housing Code amendments will only applyto land zoned R3 Medium Density Residential within the Hornsby LGA whichaccounts for 56ha or approximately 1% of all residentially zoned land (thisfigure includes land in Epping and Carlingford now in the City ofParramatta). Most R3 zoned land is already developed, with potentialremaining in the medium density housing precincts of Hornsby North, Asquith andMount Colah. At present, complying development cannot be carried out oncertain land, such as heritage conservation areas, foreshore areas andenvironmentally sensitive areas (including National Parks and criticalhabitat).
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The future residential character of the street is thereforedefined by medium and high density housing and the desired future characterprovisions of the HDCP. The remainder of the properties in the street were rezonedfrom low density residential to medium density residential under HornsbyShire Local Environmental Plan (Amendment No. 101) gazetted 17 December2010. The subject land and adjoining lands fronting Peats Ferry Rd(Pacific Highway) were included in Council’s Housing Strategy and rezonedfrom low density to high density housing under Hornsby Shire LocalEnvironmental Plan (Amendment No. 99) gazetted on 2 September 2011.

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.
Accordingly, it is considered that the approvalof the proposed development would be in the public interest. However, the proposal would comply with the otherrequirements of the NSW Housing Code including height, site coverage, setbacks,private open space, landscaping and car parking. In summary, thedevelopment would not result in any significant physical change to thestreetscape given the battleaxe site would not be highly visible. The proposeddwelling would be constructed of materials that would be consistent with thosefound in the surrounding conservation area.
On 18 February 2016, Councilengaged Manly Hydraulics Laboratory (MHL) to undertake an assessment of thenavigable water access for the site. On 3 February 2016, the applicantagreed to fund the engagement of Council’s consultant for the independentassessment of water access at ISLW. On 29 July 2014, followingreview of a draft amended subdivision proposal, the NSW Rural Fire Servicerequested the applicant address safe water access for firefighting vessels. On 11 October 2013, HornsbyLocal Environmental Plan 2013 came into force rezoning the EnvironmentProtection E zoned land E4 Environmental Living and the waterway W1 Natural Waterwayand E2 Environmental Conservation.