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The proposed development does not include an on-site communalopen space area for employees. The proposed developmentgenerally complies with the setback prescriptive measures applicable to theMount Kuring-gai industrial area. Subject to a recommended condition of consent, the proposalis satisfactory in respect to SEPP 55. The proposed development isdefined as ‘industrial activity’, ‘light industry’,‘warehouse or distribution centre’, ‘storage premises’,‘signage’ and is permissible in the zone withCouncil’s consent. The proposed development would be consistent with ‘APlan for Growing Sydney’ and ‘Draft North District Plan’by providing additional employment opportunities in the locality.
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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 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.
Appropriate conditions are recommended to address sitestability, downstream water quality, fill quality and amenity of adjoiningproperties. A condition is recommended for a dilapidation report in respect tothe adjoining development at No. 6 Gundah Road, Mount Kuring-gai. The  application has been assessed against the requirementsof Clause 4.6 of the HLEP.
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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.
If theproposed controlled activities are amended or modified the NSW Office of Watermust be notified to determine if any variations to these GTA will be required. The following conditions of consent are General Terms ofApproval from the nominated State Agency pursuant to Section 91A of the EnvironmentalPlanning and Assessment Act 1979 and must be complied with to thesatisfaction of that Agency. The natural area would be included in the proposed residualLot 1 but would otherwise not be affected by the proposed subdivision. An independent hydrographic survey was provided by ManlyHydraulics Laboratory which determined the navigable access. The application originally included hydrographic surveyinformation based on Median Spring Low Tide data which was revised to IndianSpring Low Tide.

The proposed setback areasadjoining ground floor units form common open space landscaped areas inaccordance with this principle. During construction works, theexisting ground levels of open space areas and natural landscape features,(including natural rock-outcrops, vegetation, soil and watercourses) must notbe altered unless otherwise nominated on the approved plans. In addressing these concerns, amended plans were received onthe 26 September changing the white garage door to dark timber cladding asrequested by Council. Further, as discussed in Part 2.1.2 of this report, thedesign and siting of the proposal on a battle-axe allotment would not havesignificant impacts on the adjoining heritage item or the conservation areagiven appropriate building separation, construction materials and distance fromthe street. This report identifies how inclusive playgrounds can be deliveredwithin Council’s existing budget allocations.
These developments areinformed by consultation programs that provide opportunities for local userinput. Examples of recently completed playgrounds include James Park,Hornsby and the newly completed playground at Asquith Oval. Playgrounds that providedifferent spaces and equipment to enable a range of different experiences inthe one space. The type of play includes creative, sensory, physical,individual and group play.

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.
The proposal incorporates a range of unit sizes to cater for different demographics, living needs and household budgets. The proposal complies with the housing choice requirements of the HDCP by providing a component of adaptable housing and a mix of 1, 2 and  3 bedroom dwellings. A Council stormwater drainage line is located along the rear boundaryof the site.

8A Kirkham Street and therefore, a turning area must be accommodated onsite in order for vehicles to leave the site in a forward direction. Theturning area has been provided within the basement which accounts for much ofthe 175m2 basement. If this turning area were to be provided atground level, the amount of landscaped area would need to be reduced. Further,the southern adjacent dwelling at No. 10 Kirkham Street has a floor area ofapproximately 490m2 which is substantially higher than the proposed360m2 of visible floor area for No. 8A Kirkham Street. In respect to Clause 36(b) the proposed addition of  two newsilos would adjoin two existing silos at the rear of the site.
There are 64 trees on the site comprising mainly locallyindigenous and native species. The proposed development would necessitate the removalof 44 trees from the site. None of the trees identified for removal areidentified as ‘significant trees’ in accordance with the Tree andVegetation provisions of the HDCP.
As a consequence, the developmentwould have negligible impacts on the heritage significance of either theadjacent item or the conservation area and is considered acceptable in regardto Clause 5.10 of the HLEP. The application is considered to have satisfactorilyaddressed Council’s criteria and would provide a development outcomethat, on balance, would result in a positive impact for the community. Accordingly, it is considered that the approval of the proposed developmentwould be in the public interest. The proposed addition of two silos to the existing concretebatching plant involves the existing paved surface area and would not impact onany trees or vegetation. Strict compliance with the height development standard isunreasonable as the height of the silos cannot be reduced due to designrequirements for storage capacity and truck clearance.