36-56 David Road Castle Hill NSW 2154

Description
Torrens title Subdivision of One Lot into 60 residential allotments.
Planning Authority
Hornsby Shire Council
View source
Reference number
DA/1022/2021
Date sourced
We found this application on the planning authority's website on , about 4 years ago. It was received by them earlier.
Notified
138 people were notified of this application via Planning Alerts email alerts
Comments
12 comments made here on Planning Alerts

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Public comments on this application

12

Comments made here were sent to Hornsby Shire Council. Add your own comment.

Dear Hornsby Shire Council,

I have the following concerns about this development application:

The building is Heritage listed and the site contains many protected Sydney blue gums and a large native bird population.

The site is one of the few remaining green spaces in the already overdeveloped suburb of Castle Hill.

The entry and exit point onto David Road and the lights onto New Line Road are already congested during peak times.

Oakhill Drive Public School and Cherrybrook Technology High School currently require demountable classrooms to accommodate their increasing school population.

The Cherrybrook Metro Station parking is non existent after 7am ( pre Covid ) and the entry and exit points of Cherrybrook Village Shopping Centre car park continues to be an issue under current circumstances.

The Oakhill Village shops car park already struggles with parking space during peak school drop off and pick up times.

I believe that any development that adds more vehicles flowing onto New Line Road without addressing the current traffic congestion issues in the area should not proceed.

Regards

Katherine Burnett
Delivered to Hornsby Shire Council

Dear Hornsby Shire Council,

I completely agree with Katherine Burnett and therefore, have copied her concerns as they reflect mine and those of many others in our community:

The building is Heritage listed and the site contains many protected Sydney blue gums and a large native bird population. COVID has proved that green, open spaces are more precious than ever.

The site is one of the few remaining green spaces in the already overdeveloped suburb of Castle Hill.

The entry and exit point onto David Road and the lights onto New Line Road are already congested during peak times.

Oakhill Drive Public School and Cherrybrook Technology High School currently require demountable classrooms to accommodate their increasing school population.

The Cherrybrook Metro Station parking is non existent after 7am ( pre Covid ) and the entry and exit points of Cherrybrook Village Shopping Centre car park continues to be an issue under current circumstances.

The Oakhill Village shops car park already struggles with parking space during peak school drop off and pick up times.

I believe that any development that adds more burden on current school and traffic congestion issues in the area should not proceed.

Sites like this and the former IBM building are prime for building better schools for our children whilst teaching them about the importance of the environment yet whilst development continues, schools and roads/infrastructure have not improved in the 30 years I've lived in this area.

Regards

Pegah Bentley
Delivered to Hornsby Shire Council

Dear Hornsby Council

I have the following concerns about this development on David Road.

As owners of a house that overlooks the development we feel that the natural environment of tall gum trees, native birds and open space will detract from the suburb.

The park at Tahlee Close will be compromised.

Traffic on New Line Road, exiting the suburb towards Cherrybrook is extremely busy now being a single lane. and with the already approved retirement villages in Dural , this development will make things worse.

The Oakhill Village shopping centre is small and the car park can barely cope with the existing traffic.

David Road is a one lane road and to further burden it with 60 more houses on a congested site will make things worse for residents and school traffic.

Council should be wary of approving large scale developments without adding to the infrastructure of existing access roads, schools and public spaces. The plan for the project does not seem to address the green space required for 60 houses and the overflow will no doubt fill up Tahlee Park which is small park anyway.

While one can accept that the existing use of the property could not probably remain as it is forever, we think cramming 60 homes onto the site is just too much. Council should evaluate the size of the property and compare it to the existing size of the land in streets such as Parkwood Close, Tahlee Close, David Road and measure how many homes exist and use the same ratio.

Thanks and regards

.

Chand Khanna
Delivered to Hornsby Shire Council

Dear Hornsby Council
This is a crazy and ridiculously development plan .
1 . The building is Heritage listed and it is pity that destory it .
2. This place has many protected Sydney blue gums and a large native bird population.If you do this development , the good environment will be damaged .

3.The David Rd is already a busy road and the New Line Road already too congested in the morning when people go to work !

4. The Oakhill Villiage shop is a very small villiage , the park space is already not enough to use during normal days , not even to say during the school time when parent drop off and pick up childrens . Already not enough park space on the roads close to school.

5. Both Oakhill Drive Public School and Cherrybrook Technology High School currently already have many population.

6. The Cherrybrook Metro Station parking is non existent after 7am ( pre Covid ) which already proves too many populations lives in this area .

7. The Cherrybrook Village Shopping Centre car park is also an issue , not easy to find a space now .

8. There are not enough park / play ground nearby for so many childrens to play already .

9. It will 100% reduce the life quality for our local community who already lives here .

10. There is no doubt this kind development should stop !

Stacey
Delivered to Hornsby Shire Council

Dear Hornsby Shire Council,

I would like express the following concerns I have about the above development application.

1. The proposed lot sizes are too small and not consistent with those in the surrounding area.

2. The proposal does not include a playground. Castle Hill is a family area, and the proposed lot sizes will provide very limited outdoor space for children to play. Tahlee Park already caters to a large number of residents and is too small to accommodate any more.

3. The proposed road width is too narrow. The road width should be consistent with surrounding residential roads. This will allow for the safe use of the road by children and other pedestrians, and will allow garbage trucks to safely access the area. The proposed road width does not sufficiently allow for on-street parking by residents. This will result in parking congestion on surrounding residential streets such as Phoenix and Parkwood Close.

4. The proposal will result in high levels of traffic congestion on David Road and New Line Road, which are already congested during peak times.

5. The proposal will result in a significant increase in the number of cars parking on residential streets surrounding the Cherrybrook Metro Station. The commuter car park has limited capacity and is full before 7am on weekdays.

6. The proposal will result in an overwhelming increase in the number of students at Oakhill Drive Public School and Cherrybrook Technology High School. These schools are already overpopulated and reliant upon demountable classrooms.

7. The proposal will have an unacceptable impact on Tahlee Park. Any loss of vegetation will detrimentally affect the appearance and character of the park. I am also concerned that the emergency driveway through the park will become an open traffic thoroughfare and will result in traffic congestion on Parkwood Close and Highbrook Place.

8. The proposal will result in the clearing of Sydney Turpentine Ironbark Forest Vegetation. This will adversely affect the bushland feel of the area, and will remove the habitat for threatened fauna species including the Powerful Owl, the Gang Gang cockatoo and micro bat species.

Robyn Madigan
Delivered to Hornsby Shire Council

I agree with all those who oppose this proposal. The fact that it is a Heritage site and that stands of blue gums will be destroyed. is of great concern. In December 2018 a large branch from a termite infested tree on council land fell and demolished the entire front of my house. Council would not take down the offending tree but chose to trim it, so if this DA goes through I see this as a double standard. I chose to live here because it is not too congested and the fact that it has a lot of bush land creates a country life style in suburbia Sydney. I urge Hornsby Ciouncil to reject this DA and let common sense prevail.

Pauline Lever-Naylor
Delivered to Hornsby Shire Council

Dear Hornsby Council

We have the following concerns regarding the proposed development on David Road.

As owners of a house adjacent to the development site, we believe that the removal of the tall gum trees will impact the environment and the local native bird life.

The community park (Tahlee Park) will be negatively impacted by the proposed exit. This exit will impact the playground area and also create a potential through road in an area where there are young children making it less safe. The exit road will increase traffic on Parkwood Close, which is currently a quite safe cul-de-sac, during and after development.

Given that New Line Road is a single lane road already servicing high volumes of traffic, exiting the suburb, it will become even more challenging. The proposed development, without any infrastructure changes, will burden the roads as most residences own at least 2 vehicles.

The Oakhill Village shopping centre is insufficient to service such a large number of additional residence.

The local schools already have demountables to meet the demand for public education. It is unclear how these facilities would be able to meet the additional demand resulting from the development.

Parking at the Cherrybrook Train Station is already challenging, and this number of homes will add to parking difficulties if not catered for accordingly.

Thanks and regards

Anthony and Laurentia Cox
Delivered to Hornsby Shire Council

Dear Hornsby Council,

Objection to DA/1022/2021 (Sisters of Mercy) - Torrens title Subdivision of One Lot into 60 residential allotments.

We submit this objection to DA 1022/2021 as local residents of Parkwood Close, Castle Hill and our objection is set out in the points below:

Item 1: Demolition of a Heritage Conservation Item
The application seeks to destroy 0.73ha of Heritage Listed Sydney Turpentine Ironbark Forest (Forest) of a total of circa 3.4ha. This represents a destruction of circa 20% of a Heritage Listed Forest in the name of commercial gain. The claim made that this destruction is essential to the survival of the remainder of the Heritage Listed Forest, is incorrect. The destruction is essential to creating the largest possible return for the landholder. The land could be redeveloped in a much more sensitive fashion, however this would yield less commercial return.
The Applicant outlines in their application that the destruction of Heritage Listed forest is not in accordance with the objectives or criteria set out in both the LEP and the DCP, yet they continue with the proposal, framing an argument that the retention of 80% of the Forest makes up for this.
The continued assertion that the ‘gifting’ of the Forest back to Council is an act of good will and generosity is misguided. It is a Heritage Listed item, it cannot and never will be able to be developed, there is no option but for it to be retained and the sale of the land be undertaken with full disclosure for any buyer that the site is State Heritage Listed and the Forest must remain.

Item 2: Destruction of Tahlee Park
The application seeks to destroy a well loved local park in self service to the applicant whilst not considering the local residents or Council who are responsible for the design and ongoing-management of Tahlee Park. Residents of Parkwood Close and Tahlee Close were involved in a Council community consultation process where the design of Tahlee Park was a true act of collaboration between Council and residents. Residents and Council agreed to the final form that stands today, without lighting or BBQs to ensure the park remained a quiet and passive amenity for local residents to enjoy during the day.
The application does not specifically highlight its plans for Tahlee Park other than to show a vague emergency access road. The application, and specifically the Subdivision or Landscape Plans make no assessment of what facilities are in that location or what effect cutting the park into two will have on the park. The emergency evacuation driveway is completely insensitive to the existing park, shown currently being built directly through existing playground and feature walls fronting Parkwood Close with no mention of how this development will make up for the loss of playground or whether it will contribute additional playground on the Applicant’s land.
Furthermore, the Bushfire Report does not make any reference to a code or regulation that stipulates that this additional egress is required nor does the appropriate section of the SEE highlight why this emergency access cannot be created by adding a second entry on David Road.
Most alarmingly, the applicant doesn’t at any point in the proposal specifically ask Council for permission to build a road through Tahlee Park or for a licence or lease over Tahlee Park, simply assuming they can do as they please.
Tahlee Park is Community Land designated for use as a ‘Park’ in the Hornsby Council Plan of Management.
The Local Government Act 1993 provides councils with a specific approach to the classification and management of Community Land. The Act requires that all Community Land owned by councils be the subject of a plan of management. Community Land is defined as land that should be kept for the use of the general community. Community Land must not be sold and can not be leased for more than twenty-one years. Any lease or licence must be authorised by this Plan of Management.
Any emergency evacuation/egress routes required to facilitate the development should be accommodated within the site’s David Road frontage or the developer should acquire existing private land to connect to existing street networks – subject to council’s approval.
The proposed location does not make sense, is not lawful given it is planned over Community Land and should be revised to David Road. Should Council wish to undertake the process to have the Tahlee Park Plan of Management updated to allow for this road and this is ultimately resolved in favour, the most logical location is as shown in the applicants SEE in Figure 1 (below), connecting to Tahlee Close through an area of the park which isn’t utilized.
Appendix 2. Pre-lodgement Advice is not annexed to the SEE and it is not listed as a public document on the Council website – this should be uploaded and the exhibition period recommenced, if Council are supporting the idea of an egress road through Tahlee Park, we would like to understand this position and advice given to the Applicant.


Item 3 – Provision of Public Open Space
Provision of public open space is not located in suitable appropriate areas with rainwater detention basins being passed off as green open space, therefore likely to never be fully utilized.
Communal open space should be provided adjacent to the existing Tahlee Park, to create usable space with solar access and reduce the impact of this development on existing Community Land and residents who purchased properties adjacent to land classified as a Local Heritage Item. Lot 43 is not sympathetic to the neighbouring park or residents and should be removed and converted to additional park adjacent to Tahlee Park.

Item 4 - The Order of the Sisters of Mercy – Values and Design Ethos
In the introduction of the SEE, the applicant summarises the Design Ethos for the site, taken from a workshop with the Sisters and taken from their guiding values, listed below:
Section 1.2.2
The Sisters’ leadership team held a workshop at which they established the guiding principles for the future of the site, these being:
1) The development must align with the Sisters’ reputation and values.
2) The need to leave a positive legacy.
3) Minimise impacts on the neighbours – being respectful.
4) There must be an element about ministry / stewardship.
5) There will be a community element and the approach will be ethical.
6) The need to respect and care for the environment.

1) The development does not align with the values of the ministry. “To be respectful – treating all living beings with dignity and respect.” and “To be responsible stewards – respecting the natural world that sustains us and act to ensure the judicious and fruitful use of the resources in their care.” Are just two examples of how this application does not align with the Sisters’ reputation and values. Destruction of Heritage Listed Forest and well-loved local parks does not equate to respectful or responsible actions from the Applicant.
2) There is no positive legacy added to this land in this application in excess of what has already been protected by the NSW Government. Where is the new park, or extension to Tahlee Park. There is nothing but greed and maximising commercial gain in this application.
3) Minimise the impact on the neighbours. This needs little explanation, destruction of forest, destruction of a local park. The impact is incredible, and definitely not minimised.
4) There is no element of ministry/stewardship.
5) There is no community element proposed and there is a lack of ethical decision making in the application submitted.
6) Respect and care for the environment. Again, destruction of Heritage Listed Forest and well-loved local parks does not equate to respect or care from the Applicant.

Conclusion
The Application, specifically the SEE prepared by Holmes Dyer paints a picture of a proposal by a struggling religious ministry, leading with their values and ethos, with the intent to make us overlook the blatant disregard for heritage, the LEP, the DCP and the local community in the name of commercial gain.
The proposal recommends an unacceptable amount of destruction of Heritage Listed Forest, again in the name of commercial gain. There is no reason other than to produce a larger yield. This isn’t land that has been recently purchased, there is no feasibility margin to be chased in this application.
A private landowner has no right to take over Community Land in order to make their site more viable. The egress road through Tahlee Park is completely unacceptable and cannot be approved by Council, on purely merit based assessment but also because it would not be lawful under The Local Government Act 1993.
This proposal has been led by a consultant team to maximise profits and it does not achieve an acceptable outcome and we suggest Council provide the feedback and ultimately refuse the application.

There is also the impact of traffic on surrounding Oakhill Drive, David Road, County Drive and New line Road as it has been underestimated by 75%. Calculations suggested of 1 car per household where the surrounding residential areas of similar land sizes have multiple cars (2, 3, 4 or 5), not just 1 and therefore the increased impact on traffic delays, congestion, increased pollution as per the assumptions is incorrect and highly underestimated.

These and the enclosed arguments opposing the above development should be more than sufficient for Hornsby Council to reject and refuse the application.

Ruben & Irma Gonzalez
Delivered to Hornsby Shire Council

Dear Hornsby Council,
I OBJECT to the council releasing the site at 36-56 David Rd, for housing development.
Traffic, with the number of residents cars and parking spaces for them ,both at home and locally when shopping or at sports events will increase the overloaded situation we have at the moment.
Tahlee Park should not be invaded or cut-in-two to provide 'emergency access' from Parkwood Close.
I believe that the property as a whole should be developed as parklands with history and walking tracks within its boundarys.

dave webb
Delivered to Hornsby Shire Council

Dear Hornsby Shire Council Team,

We agree with the comments above from our neighbours and have the following major concerns about the submitted development application.

*Concern 1: The Impacts to Tahlee Park
We have noticed that the development plan proposed to build an emergency access point to Parkwood Close via Tahlee Park. This is acceptable as a safety proportion, however, as a resident on the street who lives adjacent to the park, we need to be sure that there are no side impacts to this park as well as the residents on the road. The lovely park should not be cut-in-two. Any logistics crew or equipment involving trucks or machinery should not be driven onto Parkwood Close for any construction work at all. Ultimately, if there are any damages to the park, the construction team should be expected to resolve and repair the issue.

*Concern 2: Infrastructure Issues:
I still remember when our family first moved to Castle Hill in 2013, the suburb was peaceful and non-congested, however, over time, as more development plans kept being approved, the infrastructure available, especially David Road and New Line Road, has not caught up with the influx of residents, and as a result we have since suffered from congestion every day.

In addition, overpopulation in Oakhill Drive Public School as well as Cherrybrook Technology Public High School has meant that the infrastructure has not been able to support the influx of residents, and in a large-scale project which may increase the population even further, this may stretch our capacity to its limits.

*Concern 3: Misleading Traffic Impact Assessment Report
In the Traffic Impact Assessment Report, the timing of the sampling has only considered traffic from 7:45 to 8:45, however, I believe that this overlooks a significant proportion of traffic as the highest traffic volume often occurs around 9:00 around school time. Furthermore, the timing of the sampling is highly questionable and may not truly reflect a long-term growth in traffic, because the statistics were taken in the midst of the second lockdown. In consideration of both these factors, whilst the traffic volume sampling presented is likely true, the report fails to take into account the major impacts of such proposal. On an extra note, the graphs the report provides largely centre around David Road and not New Line Road, with the latter having the much more serious congestion.

In Section 4.3, the report states that “the traffic data suggests that there has been no traffic growth between 2009 and 2019”. This is again a misleading claim as congestion has been growing through New Line Road, and such congestion is so visible that it is conspicuous to any resident living in the area. As a resident who has lived in the area for a long time, I am quite shocked with such statement.

After reviewing the TfNSW Traffic Volume Viewer on New Line Road, the website revealed the following statistics.

The AM peak traffic (6am ~ 10am) (Station id: 74228) was 8286 in 2019, 7695 in 2020 and 7168 in 2021.
The PM peak traffic (3pm ~ 7pm) (Station id: 74228) was 8323 in 2019, 7984 in 2020 and 7397 in 2021.

This is huge amount of traffic on a single-lane road, especially considering the majority of the population was in lockdown due to COVID, and as a result, the long-term impacts of this proposal will see this figure rise even more. Furthermore, the report fails to consider that many of the families/residents trying to avoid using the newline road due to the well known congestion during peak hours, multiple times when we finish the shopping at the Cherrybrook Village or picking up kids from the Carlile swimming centre, we have to to use Country drive which is very inconvenient.

Please seriously review the plan and reduce the amount of buildings, many thanks.

Philip and Min
Delivered to Hornsby Shire Council

Dear Hornsby Council

Written below are some concerns I have regarding the proposed development of Sisters Of Mercy at 36-56 David Road, Castle Hill. As a member of the community who has lived in the area for almost 25 years, I strongly object to this development.
1. This development would be the removal of Sydney blue gums and that would destroy habitats of local wildlife and displace the wildlife. This is not something that should be done!
2. The land currently, is one of the few remaining large green spaces in the area. It would be a shame to remove or cut this down.
3. David Road is only a single lane each way (with no room for expansion) and can be quite a busy road especially during peak school times both before and after school. Trying to get through the lights and the phases at the intersection of Newline Road and David Road can already be a lengthy wait. Adding this development, where households can have more than one car per family, increases the number of cars trying to get around the area, causing more frustrations of trying to get through those lights.
4. Oakhill Village, the local shop, is only a small shopping facility and it is not likely to get a car space during school drop off and pick up times. Parents have to park here as the local streets around the school aren’t sufficient for the current number of cars of families trying to take or pick up kids from school.
5. In mentioning schools, I attended Oakhill Drive Public school and in the years after, the school has had to bring in multiple demountable classrooms to accommodate the increased number of pupils. They don’t have many more locations on the school grounds to add further demountable rooms without taking away open green spaces where the children play at recess and conduct school sport.
6. The local high schools, Cherrybrook Technology and Oakhill College already have large yearly group numbers and we do not need to increase these further with this development. Again, attending Cherrybrook Technology, there were already a large number of demountable buildings to accommodate for the large number of students.
7. Cherrybrook shops is also already under too much strain with current numbers that use that shopping centre. In the last few years, a new exit/entrance ramp was built which does assist but not enough. There are not adequate parking spaces as is and could not cope with more cars with this development.
8. The local train station, Cherrybrook station, is also under strain with current number of vehicles parking in there. it can sometimes be difficult to find a spot after 7am.
9. The proposed emergency exit for this development site through Tahlee park will negatively impact that park immensely! With this exit, it cuts through the park where the current single and only shelter with bench and table set up. That park is loved by many in the community and cutting through the park for this emergency exit is a terrible idea. This will also increase the traffic in Parkwood Close, which is currently a quiet cul-de-sac. There is already limited street parking, for residents with multiple car households, those with boats and or trailers. It does not allow room for additional cars. Young children play in the cul de sac and having this exit, would create potential hazards.

There are too many reasons for this site to be developed as planned. Please consider potential other uses for this space such as:
1. Turning this space into a large reserve with possible barbeque facilities and playground equipment for the community to enjoy.
2. Another space could be allocated for an off-leash dog friendly oval/park.

Please reconsider this development. It is not what the community needs.

Georgia
Delivered to Hornsby Shire Council

Fully endorse comments by others
1. Already congested roads.
2. Limited parking at Cherrybrook Station and NO parking at pennant hills Beecroft or Castle Hill Station.
3. High density construction going ahead by Hills council along castle Hill road.

Council should buy the property and retain as is and maybe convert it into a community facility similar to Fagan Park.

Anurag Aggarwal
Delivered to Hornsby Shire Council

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