4.3 Lot 5 Kamber Road Terrey Hills - Warringah Council

TF/PDS/8841 

DA2009/1719 

4.3 Lot 5 Kamber Road Terrey Hills - Proposed Heliport in 

Association with an Existing Dwelling House and Outbuilding 

DEVELOPMENT ASSESSMENT REPORT 

Assessment Officer: Andrew Cowan 

Address / Property Description: Lot 5 DP 25194 

Lot 5/ Kamber Road TERREY HILLS NSW 2084 

Proposed heliport in association with an existing dwellinghouse 

and outbuilding 

Development Application No: DA2009/1719 

Application Lodged: 23/12/2009 

Plans Reference: JAH Design Services dated September 2008 

Amended Plans: Nil 

Applicant: Vaughan Milligan Development Consulting Pty Ltd 

Owner: T S L Irwin, M Irwin 

Locality: B9 Mona Vale Road East 

Category: Category 3 (Heliport) 

Draft WLEP 2009 Permissible or Prohibited 

Prohibited Land use: 

Variations to Controls 

Nil 

(Cl.20/Cl.18(3)): 

Referred to ADP: No 

Referred to WDAP: Yes (Category 3 and seven (7) submissions) 

Land and Environment Court No 

Action: 

SUMMARY 

Submissions: Seven (7) submissions in support, two (2) submissions in 

objection 

Submission Issues: Noise and light emission, privacy, impact on receiving 

environments, proposed flight path, inconsistency with the 

character of the area 

Assessment Issues: Noise, hours of operation, impact on receiving 

environments, proposed flight path 

Recommendation: Aproval 

Attachment: Site Plans 

Pre-lodgement Notes 

ITEM 4.3 Page 90 

Report to Warringah Development Assessment Panel on 14 April 2010

TF/PDS/8841 

DA2009/1719 

LOCALITY PLAN (not to scale) 

Subject Site: The subject site is identified as Lot 5 in DP25194 Kamber Road Terrey 

Hills 

Public Exhibition: The subject application has been publicly exhibited in accordance with 

the EPA Regulation 2000, Warringah Local Environment Plan 2000 

and Warringah Development Control Plan. As a result, the application 

was notified to 208 adjoining land owners and occupiers for a period of 

21 calendar days commencing on 29 January 2010 and being finalised 

on 23 February 2010, furthermore, the application has been advertised 

within the Manly Daily on 1 February 2010 and a notice was placed 

upon the site. 

SITE DESCRIPTION 

The subject site is identified as Lot 5 in DP25194 Kamber Road Terrey Hills. The site is 2.0234ha 

is area and contains a single detached dwelling, outbuildings, pool and mature vegetation 

scattered throughout the site. 

The orientation is north/south with a gentle fall to the south with access to the site obtained from 

Kamber Road. 

Surrounding development comprises rural residential allotments of similar scale to the subject site. 

Adjoining to the west is an electrical sub-station with the land adjoining directly to the south being 

the Garigal National Park. 



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SITE HISTORY 

An investigation of the site carried out by Council’s Development Compliance Officer on 3 February 

2010 revealed that the concrete structure that is to be used for the heliport is existing and was 

constructed without development consent. A Building Certificate BC2010/0014 was lodged with 

Council on 5 February 2010 to formalise the structure (but not the land use which is the subject of 

this development application). 

On 10 November 2009 a Pre-lodgement Meeting (PLM2009/0092) was held at Council with the 

subject property owner and consultant Town Planner. The consultant Town Planner was advised in 

writing as to what was documentation was to be submitted and the relevant clauses of the 

Warringah Local Environmental Plan 2000 that were to be addressed for Council to consider the 

proposed heliport. 

PROPOSED DEVELOPMENT 

The proposed development seeks approval for the use the existing concrete slab (see 

BC2010/0014) as a heliport. 

Operational details of the heliport are as follows: 

• The heliport will involve no more than seven movements per week (taking off and landing 

being separate movements). 

• All flight movements are to be conducted during daylight hours and are to be for personal 

use. 

• The proposed flight path in and out of the subject property is due south over the Garigal 

National Park. 

The heliport is to be for private residential use. 

No additional building works are proposed to facilitate the heliport, all existing vegetation and 

landforms on site are to be retained. 

Note: A heliport under the WLEP 2000 is defined as “an area or place which is set apart for the 

taking off and landing of helicopters, whether as a commercial use or otherwise”. Furthermore, 

pursuant to Clause 33 of the WLEP 2000, a heliport does not constitute development ancillary to 

housing. 

Under the provisions of the Environmental Planning & Assessment Regulation 2000 Schedule 3 – 

Designated Development, the proposed use is defined as an Aircraft Facility. In order to qualify as 

Designated Development the proposed use must satisfy the following provisions. 

Aircraft facilities 

“Aircraft facilities (including terminals, buildings for the parking, servicing or maintenance of aircraft, 

installations or movement areas) for the landing, taking-off or parking of aeroplanes, seaplanes or 

helicopters: 

(a) in the case of seaplane or aeroplane facilities: 

(i) that cause a significant environmental impact or significantly increase the environmental 

impacts as a result of the number of flight movements (including taking-off or landing) or the 

maximum take-off weight of aircraft capable of using the facilities, and 

(ii) that are located so that the whole or part of a residential zone, a school or hospital is within 

the 20 ANEF contour map approved by the Civil Aviation Authority of Australia, or within 5 

kilometres of the facilities if no ANEF contour map has been approved, or 



TF/PDS/8841 

DA2009/1719 

(b) in the case of helicopter facilities (other than facilities used exclusively for emergency 

aeromedical evacuation, retrieval or rescue): 

(i) that have an intended use of more than 7 helicopter flight movements per week (including 

taking-off or landing), and 

(ii) that are located within 1 kilometre of a dwelling not associated with the facilities, or 

(c) in any case, that are located: 

(i) so as to disturb more than 20 hectares of native vegetation by clearing, or 

(ii) within 40 metres of an environmentally sensitive area, or 

(iii) within 40 metres of a natural waterbody (if other than seaplane or helicopter facilities).” 

The proposed flight movements do not exceed 7 per week (where take off and landing are 

separate movements) and the proposed heliport is not located within 1km of a dwelling not 

associated with the facilities. Furthermore it will not disturb more than 20 hectares of native 

vegetation by clearing, nor is it located within 40m of an environmentally sensitive area, nor is it 

within 40m of a natural waterbody. Accordingly the proposal is not defined as Designated 

Development and an Environmental Impact Statement is not required pursuant to Clause 78 of the 

EP&A Regulation 2000. 

In addition to the above, the activity is not defined as a scheduled activity under the provisions 

Schedule 1 – Scheduled Activities of the Protection of the Environment & Operations Act 1997. A 

Scheduled Activity for Helicopter Related Activities is defined as follows: 

Helicopter-related activities 

(1) “This clause applies to a helicopter-related activity, meaning the landing, taking-off or 

parking of helicopters (including the use of terminals and the use of buildings for the parking, 

servicing or maintenance of helicopters), being an activity: 

(a) that has an intended use of more than 30 flight movements per week (where take-off and 

landing are separate flight movements), and 

(b) that is conducted within 1 kilometre of a dwelling not associated with the landing, taking-off or 

parking of helicopters, 

but not including an activity that is carried out exclusively for the purposes of emergency 

aeromedical evacuation, retrieval or rescue. 

(2) The activity to which this clause applies is declared to be a scheduled activity”. 

Given that the proposal involves only 7 flight movements per week which is below the threshold of 

30 flight movements per week (where take off and landing are separate movements) and taking off 

and landing is not within 1 kilometre of a dwelling not associated with the taking of and landing of 

the helicopter the proposal is not defined as a Scheduled Activity. Accordingly no licence is 

required for the proposed heliport. 

AMENDMENTS TO THE SUBJECT APPLICATION 

Nil 

STATUTORY CONTROLS 

a) Environmental Planning and Assessment Act 1979 

b) Environmental Planning and Assessment Regulation 2000 

c) Protection of the Environment & Operations Act 1997 

d) State Environmental Planning Policy No. 55 – Remediation of Land 

e) State Environmental Planning Policy (Infrastructure) 2007 

f) Warringah Local Environment Plan 2000 

g) Warringah Development Control Plan 

h) Warringah Section 94A Contributions Plan 



TF/PDS/8841 

DA2009/1719 

REFERRALS 

External Referrals 

NSW Rural Fire Service (NSW RFS) 

The application was referred to the NSW RFS pursuant to Section 79BA of the Environmental 

Planning & Assessment Act 1979 as the site is bush fire prone land. The NSW RFS responded to 

Council on 11 February 2010, no objection is raised to the proposed heliport, no specific comments 

or conditions were provided. 

Civil Aviation Safety Authority (CASA) 

The proposal was referred to CASA for their consideration. Based on the advice provided, CASA 

do not approve sites for helipads. No objection is raised to the proposed heliport, however the 

“Guidelines for the establishment of helicopter landing sites (HLS)” were provided to Council by 

CASA. If approval were granted the guidelines would be incorporated as part of the conditions 

consent. 

The recommended criteria for basic and standard HLS are as follows: 

• be large enough to accommodate the helicopter safely; 

• have a surface capable of withstanding the static and dynamic loads imposed by the 

helicopter; and 

• only be used for day operations. 

Energy Australia 

The proposal was referred to Energy Australia under the provisions of Clause 45 of State 

Environmental Planning Policy Infrastructure (2007) as the heliport is located immediately adjacent 

to an electrical substation. The electrical Substation is located at Lot 4 DP25194 Mona Vale Road 

Terrey Hills, is approximately 1800sqm in area and is located directly to the north west of the 

heliport. The distance between the heliport and the substation is 55 metres with a dense buffer of 

vegetation between the common boundary of Lot 4 & Lot 5. 

Comments from Energy in Australia in regard to the proposal are expected by mid to late April 

(refer to assessment under State Environmental Planning Policy Infrastructure (2007)). 

Internal Referrals 

Environment Health & Protection 

The application was referred to Council’s Environment Health & Protection Officer for comment in 

regard to acoustic impacts of the proposal. No objection is raised to the heliport subject to 

imposition of the following condition: 

Frequency of Helicopter Movements 

To prevent offensive noise and ensure compliance with the acoustic report prepared by The 

Acoustic Group Pty Ltd dated 22 December 2009 no more than 7 flight movements per week (i.e. 

where take-off and landing are separate movements) are to occur. 

Reason: To prevent noise nuisances. 

Note: This is consistent with the threshold provisions for Designated Development. 



TF/PDS/8841 

DA2009/1719 

Natural Environment Unit 

The application was referred to Council’s Natural Environment Unit for assessment as the site 

adjoins the Garigal National Park. Natural Environment raises no objection to the proposed 

development, no specific conditions are prescribed as there is no removal of native vegetation onsite. 

Adequate survey detail has been provided within the flora & fauna assessment to determine 

the location of fauna on adjoining & adjacent land. Council’s Natural Environment Unit concluded 

that the proposal would not have any significant impact on threatened species, populations, 

ecological communities or their habitats. 

PUBLIC EXHIBITION 

The subject application has been publicly exhibited in accordance with the EPA Regulation 2000, 

Warringah Local Environment Plan 2000 and Warringah Development Control Plan. As a result, 

the application was notified to 208 adjoining land owners for a period of 21 calendar days 

commencing on 29 January 2010 and being finalised on 23 February 2010, furthermore, the 

application has been advertised within the Manly Daily on 1 February 2010 and a notice was 

placed upon the site. 

The following submissions have been received in support of the proposal: 

Name Address 

Anton Starling 6 Kamber Road Terrey Hills 

Carol Gay Mcenally Lot 246 Tooronga Road Terrey Hills 

Richard Elliot Green 316-318 Mona Vale Road Terrey Hills 

William Howard Miller 10 Tepko Road Terrey Hills 

Forest Hills Pony Club PO BOX 161 Terrey Hills 

MJ Stevenson, T&A & F&V Falvo, N&E 11 Milham Crescent Forestville NSW 

Butera 

Australian Native Landscape 317 Mona Vale Road Terrey Hills 

The following submissions have been received in objection to the proposal: 

Name Address 

Duffy’s Forest Resident Association 376 Joalah Road Duffys Forest 

Anonymous Anonymous 

The matters raised within the submissions in objection to the proposal are addressed hereunder: 

Noise & light emission 

Concern is raised in relation to the noise and light that will be generated from the helicopter and 

the impact that it will have on surrounding residential properties. 

Comment: Council’s Environmental Health & Protection Officer has assessed the proposal with 

respect to noise generated from the helicopter. Having regard to the type of helicopter and the 

frequency of flight movements no objection is raised to the heliport subject to the imposition of the 

following condition. 

“To prevent offensive noise and ensure compliance with the acoustic report prepared by The 

Acoustic Group Pty Ltd dated 22 December 2009 no more than 7 flight movements per week (i.e. 

where take-off and landing are separate movements) are to occur” 

Furthermore, a condition could be imposed (if approved) to ensure that take off’s and landings at 

the subject property are not to occur outside daylight hours, negating the need for any lighting. 



TF/PDS/8841 

DA2009/1719 

The Acoustic Report prepared by The Acoustic Group Pty Ltd dated 22 December 2009 provides 

that the ground borne noise components indicates that the intrusive noise target of 50dB(A) is less 

than the existing ambient Leq level of 50.3dB(A) as a result of traffic on Mona Vale Road. The air 

borne component is significantly less than the 50dB(A) Air 

services target. In this regard Leq Level at Location 2 (which is to the south west and is on the 

30m envelope of the two nearby residencies) for the ground borne component was measured at 

48.5dB(A) whilst the air borne component was 40dB(A). 

Note: if the application were approved a condition would be imposed requiring compliance with 

AS2363 – Measurement of Noise from Helicopter Operations. 

Privacy 

Concern is raised that privacy will be compromised as a result of the helicopter flying over 

residential allotments. 

Comment: The proposed flight path is to be from the area adjacent the machinery shed in a 

southerly direction over the Garigal National Park. As such the flight path does not encroach over 

adjoining or adjacent residential allotments as the Garigal National Park will serve as the principal 

flight path when taking off and landing. Furthermore, the helicopter will move at such a speed that 

it is considered that it will not be possible to obtain direct view into the habitable or private open 

space areas of adjoining properties. 

Impact on receiving environments 

Concern is raised in relation to the impact that the helicopter will have on receiving environments in 

particular fauna located within the Garigal National Park and surrounding land. 

Comment: The proposal provides a detailed survey of the surrounding land and the fauna located 

within the Garigal National Park. As such the impact on the receiving environments has been 

considered with respect to the Threatened Species Conservation Act 1995 and the impact on the 

receiving environment is deemed acceptable. Noise emissions resulting from the helicopter will 

not exceed 50d(B)A, and the number of flight movements will not exceed 2 per day to ensure that 

the use is “low intensity”. 

Inconsistency with character of the area 

Concern is raised that the proposed development is out of character with the B9 – Mona Vale 

Road East Locality. Refer to Assessment under Desired Future Character in this report. 

Proposed Flight Path 

Concern is raised in relation to the flight path and that Council has no control over the flight 

path. 

Comment: The proposed flight path is due south over the Garigal National Park to minimise 

disturbance to surrounding residential properties. If approval were granted a condition 

would be imposed to restrict the flight path in a southerly direction to minimise disturbance 

to surrounding residents. 

LAND AND ENVIRONMENT COURT ACTION 

No action has been taken in the Land & Environment Court regarding this application. 

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979 (EPAA) 

The relevant matters for consideration under Section 79C of the Environmental Planning and 

Assessment Act, 1979, are: 



TF/PDS/8841 

DA2009/1719 

Section 79C 'Matters for Consideration' 

Section 79C (1) (a)(i) – Provisions of any environmental 

planning instrument 

Section 79C (1) (a)(ii) – Provisions of any draft 

environmental planning instrument 

Section 79C (1) (a)(iii) – Provisions of any development 

control plan 

Section 79C (1) (a)(iiia) – Provisions of any planning 

agreement 

Section 79C (1) (a)(iv) – Provisions of the regulations 

Section 79C (1) (b) – the likely impacts of the 

development, including environmental impacts on the 

natural and built environment and social and economic 

impacts in the locality 

Section 79C (1) (c) – the suitability of the site for the 

development 

Section 79C (1) (d) – any submissions made in 

accordance with the EPA Act or EPA Regs 

Section 79C (1) (e) – the public interest 

Comments 

See discussion on “Environmental Planning Instruments” in 

this report. 

See discussion on “Draft Environmental Planning 

Instruments” in this report. 

Warringah Development Control Plan applies to this 

proposal. 

None applicable. 

The EP&A Regulation 2000 requires the consent authority 

to consider the provisions of the Building Code of Australia. 

As there are no building works associated with the 

proposed heliport these provisions are not applicable. 

i) The environmental impacts of the proposed 

development on the natural and built environment are 

addressed under the General Principles of 

Development Control in this report. The proposal is 

consistent with the relevant controls which indicates 

the impact of the development on the built environment 

is acceptable. 

(ii) The proposed heliport will service the residents of the 

subject property as it is not to be used for commercial 

gain. The proposed use is deemed to be “low impact” 

as there will be no more than 2 flight movements on 

any day and no more than 7 in a week. 

(iii) The proposed development will not have a detrimental 

economic impact on the locality given that the proposal 

will maintain the residential amenity of the locality and 

the proposal is not for commercial gain. 

The applicant has demonstrated that the subject site is 

suitable for the proposed development as a satisfactory 

flora and fauna assessment has been provided to indicate 

the location of fauna on adjoining and adjacent land. In this 

regard the proposal will have a negligible impact on the 

receiving environment given that the number of flight 

movements per day is not to exceed 2 and no more than 7 

in a week. 

Having regard to the above and the impact on the receiving 

environment the subject site is suitable for the proposed 

development. 

In regards to public submissions refer to the discussion on 

"Notification & Submissions Received" within this report. 

The proposal will have a negligible impact on the receiving 

environment, in particular the fauna within the Garigal 

National Park and the surrounding residents. 

In addition to the above, the proposal is consistent with the 

broader objective of the Environmental Planning & 

Assessment Act 1979 which is “to encourage the 

protection of the environment, including the protection and 

conservation of native animals and plants, including 

threatened species, populations and ecological 

communities, and their habitats”. 

For the reasons stated in this report it is apparent that there 

is no public disadvantage as a result of the heliport. 

In this regard, the balancing of these matters the 

development is in the public interest. 



TF/PDS/8841 

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DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS: 

Draft Warringah Local Environmental Plan 2009 (Draft WLEP 2009) 

Definition: Heliport 

Land Use Zone: E3 – Environmental Management 

Permissible or Prohibited: Prohibited 

Additional Permitted used for particular land – Refer to Schedule 1: No additional permitted uses 

Principal Development Standards: 

Development 

Standard 

Minimum 

Subdivision Lot 

Size: 

Rural Subdivision: 

No Strata Plan or 

Community Title 

Subdivisions in 

certain rural and 

environmental 

zones: 

Height of Buildings: 

Required Proposed Complies Clause 4.6 

Exception to 

Development 

Standard 

N/A N/A N/A N/A 




Note: “Heliports” are not permissible within the E3 – Environmental Management Zone under the 

provisions the Draft WLEP 2009. As such the Draft instrument carries no determinative weight in 

the assessment of the proposal. 

ENVIRONMENTAL PLANNING INSTRUMENTS (EPI’s) 

State Environmental Planning Policies (SEPPs) 

State Environmental Planning Policy No 55 – Remediation of Land 

Clause 7(1)(a) of State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55) 

and Clause 48 of WLEP 2000 state that a consent authority must not consent to the carrying out of 

any development on land unless; 

• It has considered whether the land is contaminated, and 

• If the land is contaminated, it is satisfied that the land is suitable in its contaminated state for 

the purpose for which the development is proposed to be carried out, and 

• If the land requires remediation to be made suitable for the development proposed to be 

carried out, it is satisfied that the land will be remediated before the development is carried 

out. 

The site has a long history of being used for residential purposes, it is therefore considered that the 

site poses no risk of contamination and as such no further consideration is required under Clause 

7(1)(b) and (c) of SEPP 55. 



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State Environmental Planning Policy Infrastructure (2007) 

Clause 45 of SEPP Infrastructure requires the consent authority to give written notice to the 

electricity supply authority for the area in which the development is to be carried out, inviting 

comments about potential safety risks, and take into consideration any response to the notice that 

is received within 21 days after the notice is given, for development comprising or involving any of 

the following; 

• within or immediately adjacent to an easement for electricity purposes (whether or not the 

electricity infrastructure exists), 

• immediately adjacent to an electricity substation, 

• within 5m of an overhead power line, 

• includes installation of a swimming pool any part of which is: within 30m of a structure 

supporting an overhead electricity transmission line and/or within 5m of an overhead 

electricity power line. 

The proposal is immediately adjacent to an electricity substation and therefore requires referral to 

Energy Australia. 

Comments from Energy in Australia in this regard are expected by mid to late April. The 

recommendation of this report will require that consent be issued after comments are received 

from the Energy Australia and that any additional conditions be inserted which do not substantially 

change the proposal. 

Regional Environment Plans (REPs) 

Nil 

Local Environment Plans (LEPs) 

Warringah Local Environment Plan 2000 (WLEP 2000) 

Desired Future Character (DFC) 

The subject site is located in the B9 – Mona Vale East Locality under Warringah Local 

Environmental Plan 2000. 

The Desired Future Character Statement for this locality is as follows: 

The present character of the Mona Vale Road East locality will remain unchanged except in 

circumstances specifically addressed as follows. 

The natural landscape including landforms and vegetation will be protected and, where possible, 

enhanced. Buildings will be grouped in areas that will result in the minimum amount of disturbance 

of vegetation and landforms and buildings which are designed to blend with the colours and 

textures of the natural landscape will be strongly encouraged. 

Development will be limited to new detached style housing conforming with the housing density 

standards set out below and low intensity, low impact uses. 

A dense bushland buffer will be retained or established along Mona Vale Road. 

Development in the locality will not create siltation or pollution of Narrabeen Lagoon and its 

catchment and will ensure that ecological values of natural watercourses are maintained. 



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Clause 12(3)(b) of the WLEP 2000 requires the consent authority to consider Category 3 

development against the locality’s DFC statement. 

The proposed development is defined as a “heliport” under the WLEP 2000 dictionary. Heliports” 

are identified as Category 3 development in this locality (Note – pursuant to Clause 33 of the 

WLEP 2000 heliports are not permitted to be considered as ancillary development to housing). 

The proposed development has been considered against the locality’s DFC statement and it is 

considered that the proposed land use is inconsistent with the provisions of the Locality, 

accordingly further assessment is provided hereunder. 

The proposal is consistent with the Desired Future Character for the following reasons: 

- The proposal will protect the natural landforms and vegetation. 

- The proposal will not require the construction of additional buildings and will therefore not 

further disturb vegetation or landforms. 

- The proposal will maintain the detached style housing. 

- The proposal will not create and siltation or pollution within the Narrabeen Lakes Catchment 

and will maintain the ecological values of the natural watercourses. 

In addition to the above the following assessment is provided in relation to “low impact” “low 

intensity” 

An interpretation of low intensity, low impact uses was used in the Land and Environment 

judgement Vigor Master Pty Ltd v Warringah Shire Council [2008] NSWLEC 1128. The 

interpretation within the judgement is provided as follows: 

“Intensity - is commonly used to identify the nature of the proposal in terms of its size 

and scale and the extent of the activities associated with the proposal. Therefore "low 

intensity" would constitute a development which has a low level of activities associated 

with it.” 

AND 

Impact - is commonly used in planning assessment to identify the likely future 

consequences of proposed development in terms of its surroundings and can relate to 

visual, noise, traffic, vegetation, streetscape privacy, solar access etc. Therefore ‘low 

impact’ would constitute a magnitude of impacts such that was minimal, minor or 

negligible level and unlikely to significantly change the amenity of the locality.” 

The proposed helicopter movements per week are seven (7) (taking off and landing being separate 

movements). The proposal demonstrates that it will have a “low impact” as the impact on receiving 

environments with regard to noise emissions are not projected to exceed 50d(B)A. In addition 

flight movements are not to occur outside the hours of 9am to 5pm to reduce the impact on the 

acoustic amenity. 

If the number of flight movements on a given day were 7, this would not be a “low intensity” use 

due to the relatively high frequency of flight movements and as a consequence the acoustic 

amenity would be significantly altered for that particular day. If approval were granted a condition 

could be imposed in this regard to limit flight movements to a maximum of 7 per week with no more 

than 2 flight movements per day to ensure that it is “low intensity”. 

On balance, the proposal is “low impact” & “low intensity” given that the proposal demonstrates 

that the flow on effects to the fauna and residents on the surrounding are acceptable. Having 

regard to the above, the proposal is consistent with the Desired Future Character Statement of the 

B9 – Mona Vale Road East Locality. 



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Built Form Controls (Development Standards) 

The following table outlines compliance with the Built form Control of the above locality statement: 

Built Form Standard Required Proposed Compliance 

Housing density 1 dwelling per 20ha (Existing) 1 dwelling per 

2.034 ha 

N/A 

Building Height 8.5m N/A N/A 

Front building setback 10m 58m to heliport Yes 

Rear building setback 10m 20m to heliport Yes 

Landscaped open space 50% (10175sqm) Existing & unchanged (no 

building works proposed) 

N/A 

The proposed development is considered to satisfy the Locality’s Built Form Controls, provided in 

this regard. 

General Principles of Development Control 

The following General Principles of Development Control as contained in Part 4 of Warringah Local 

Environmental Plan 2000 are applicable to the proposed development: 

General Principles 

CL38 Glare & reflections 

CL39 Local retail centres 

CL40 Housing for Older 

People and People with 

Disabilities 

CL41 Brothels 

CL42 Construction Sites 

CL43 Noise 

Applies Comments Complies 

No The proposed heliport does not involve nay building works, as 

such there will be no impact in this regard. 

N/A 

No No comment N/A 




Yes Clause 43 of the WLEP 2000 provides “Development is not to 

result in noise emission which would unreasonably diminish 

the amenity of the area and is not to result in noise intrusion 

which would be unreasonable to the occupants”. 

The Acoustic report prepared by The Acoustic Consulting 

Group Pty Ltd dated 22 December 2009 draws the conclusion 

that the operation of the R44 helicopter will satisfy noise 

amenity requirements of the EPA/DECC. 

Assessment of the ground borne noise components indicates 

that the intrusive noise target of 50dB(A) is less than the 

existing ambient Leq level OF 50.3dB(A) as a result of traffic 

on Mona Vale Road whilst the air borne component is 

significantly less than the 50dB(A) Air services target. In this 

regard Leq Level at Location 2 (which is to the south west and 

is on the 30m envelope of the two nearby residencies) for the 

ground borne component was Modeled at 48.5dB(A) whilst 

the air borne component was 40.dB(A). 

Principle 5 of the Air Services Australia document for the 

design of flight paths and operational procedures indicates 

that aircraft noise is not considered significant if it is less than 

40dB(A) and where adjacent to a main arterial road less than 

50dB(a). Given that the site is adjacent Mona Vale Road the 

proposal qualifies for consideration with respect to the latter. 

Council’s Environmental Health & Protection Officer has 

assessed the proposal in this regard and raises no objection 

to the heliport subject to the following condition “To prevent 


Report to Warringah Development Assessment Panel on 14 April 2010 

Yes

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CL44 Pollutants 

CL45 Hazardous Uses 

CL46 Radiation Emission 

Levels 

CL47 Flood Affected 

Land 

CL48 Potentially 

Contaminated Land 

CL49 Remediation of 

Contaminated Land 

CL49a Acid Sulfate Soils 

CL50 Safety & Security 

CL51 Front Fences and 

Walls 

CL52 Development Near 

Parks, Bushland 

Reserves & other public 

Open Spaces 

CL53 Signs 

CL54 Provision and 

Location of Utility 

Services 

CL55 Site Consolidation 

in ‘Medium Density 

Areas’ 

CL56 Retaining Unique 

Environmental Features 

on Site 


offensive noise and ensure compliance with the acoustic 

report prepared by The Acoustic Group Pty Ltd dated 22 

December 2009 no more than 7 flights per week (ie where 

take-off and landing are separate movements) are to occur”. 

In addition to the above, if approval were granted a condition 

would be imposed controlling the hours in which the heliport 

can be used. In this regard it would be conditioned that the 

taking off and landing of the helicopter is to be limited 

between the hours of 9am to 5pm. 

Having regard to the acoustic assessment and the condition 

of consent, the proposal is deemed satisfactory and satisfies 

the general principle to ensure that the amenity of surrounding 

occupants is not diminished. 


Yes Refuelling of the helicopter is not proposed on-site. Activities 

of this nature will occur at designated facilities such as 

airports and the like. 

Yes 



Yes Based on the previous land uses is its unlikely that the subject 

site is contaminated. In this regard the proposal is suitable for 

the site. 

Yes 



Yes The proposal will not alter the existing levels of safety and 

security. 

Yes 


Yes The flora and fauna assessment provides detail of the fauna 

located within the Garigal National Park and demonstrates 

that the operation of the heliport will not be detrimental to their 

existence. 

No 

Given that the flight movements will be restricted to 2 per day 

and the flight path will be restricted in a southerly direction the 

proposal is acceptable with regard to the General Principle. 

No comment N/A 



Yes Clause 56 of the WLEP 2000 provides “Development is to be 

designed to retain and complement any distinctive 

environmental features of its site and on adjoining and nearby 

land. In particular, development is to be designed to 

incorporate or be sympathetic to environmental features such 

as rock outcrops, remnant bushland and watercourses”. 

The heliport is to be located so as to not disturb the remnant 

bushland on the subject site and the surrounding land. No 

clearing of vegetation is required to facilitate the taking of and 

landing of the helicopter. 



No 

Yes

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CL57 Development on 

Sloping Land 

CL58 Protection of 

Existing Flora 

CL59 Koala Habitat 

Protection 

CL60 Watercourses & 

Aquatic Habitats 

CL61 Views 

CL62 Access to sunlight 

CL63 Landscaped Open 

Space 

CL63A Rear Building 

Setback 

CL64 Private open space 

CL65 Privacy 

CL66 Building bulk 

CL67 Roofs 

CL68 Conservation of 

Energy and Water 

CL69 Accessibility – 

Public and Semi-Public 

Buildings 

CL70 Site facilities 

CL71 Parking facilities 

(visual impact) 

CL72 Traffic access & 

safety 

CL73 On-site Loading 

and Unloading 

CL74 Provision of 

Carparking 

CL75 Design of 

Carparking Areas 



Yes The proposed development is to be sited so as to not disturb 

existing remnant vegetation on the subject or adjoining sites. 

No clearing of vegetation or earthworks are proposed to 

facilitate the heliport. 

Yes 



Yes The proposal does not involve any building works and as a 

result will allow for the reasonable sharing of views. 

Yes The proposal will maintain adequate solar access to 

surrounding properties as they will receive at least 2 hours of 

solar access over 50% of the private open space area 

between 9am and 3pm on June 21. 

Yes The proposal will maintain the existing landscape open space. 

No existing remnant vegetation is to be removed. 

Yes The proposed heliport is to be located so as to maintain a 

sense of openness within the rear yard. No additional 

building works are proposed to facilitate the helipad. 

Yes The proposal will maintain the existing private open space 

areas within the site. The location of the heliport will not 

encroach on existing open space areas. 

Yes The proposal will not cerate unreasonable overlooking to the 

private open space areas and habitable rooms of adjoining 

properties. The proposed flight path is such that that the 

helicopter will fly due south over the Garigal National Park to 

avoid flying over surrounding residential dwellings. 

Furthermore the helicopter will fly at such a speed that 

opportunity for direct view into surrounding residential 

properties will be minimal and the angle of the line of sight will 

obscure view into habitable areas. 

Yes 

No No building works are proposed therefore the proposal will 

have no impact in this regard. 

N/A 










CL76 Management of No No comment N/A 



Yes 

Yes 

Yes 

Yes 

Yes

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Stormwater 

CL77 Landfill 

CL78 Erosion & 

Sedimentation 

CL79 Heritage Control 

CL80 Notice to 

Metropolitan Aboriginal 

Land Council and the 

National Parks and 

Wildlife Service 

CL82 Development in the 

Vicinity of Heritage Items 

CL83 Development of 

Known or Potential 

Archaeological Sites 

Other Relevant WLEP 2000 Clauses 

Schedule 8 - Site analysis 








Site Analysis A site analysis plan has been provided to satisfy the requirements of schedule 8. 

Schedule 15 - Statement of Environmental Effects 

Clause 15(1) of Warringah Local Environmental Plan 2000 requires that the consent authority must 

consider a Statement of Environmental Effects prepared in accordance with the criteria listed in 

Schedule 15. In addition, Clause 15(2) requires the consent authority to consider the findings of an 

independent public hearing prior to the determination of the application. 

The applicant has submitted a Statement of Environmental Effects, prepared by Vaughan Milligan 

Development Consulting, which addresses Schedule 15 of WLEP 2000. The following is provided 

having regard to these provisions: 

Consideration Proposed 

(1) Summary of the Statement of 

Environmental Effects (SEE) 

With regard to Point 1 of Schedule 15 the applicant has provided the 

following: 

The Statement of Environmental Effects is summarised as: 

INTRODUCTION 

“This Statement of Environmental Effects accompanies details indicating the 

proposed heliport upon land at 5 Kamber Road, Terrey Hills, submitted on 

behalf of Mr & Mrs Irwin. 

PROPERTY DESCRIPTION 

The subject allotment is described as 5 Kamber Road, Terrey Hills, being Lot 

5 within Deposited Plan 25194 and located within the B9 Mona Vale East 

Locality under the provisions of the Warringah LEP. 

SITE DESCRIPTION 

The property is located on the southern side of Kamber Road, east of the 

intersection with Mona Vale Road. The land is a rectangular shaped allotment 

with a frontage of 120.7m to Kamber Road and a total area of 2.0234ha. The 

lot falls gradually towards the southeast. The site is currently developed with 



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(2) Consistency of the proposal 

with the desired future character 

statement and general principles 

of development control 

established by the plan. 

(3) Objectives of the proposed 

development. 

a single storey rendered brick dwelling with inground pool and detached 

sheds. A concrete slab is located adjacent to the existing detached shed. This 

slab will form part of the heliport. An existing concrete driveway provides 

access to the dwelling and the detached metal shed. 

PROPOSAL 

As detailed within the accompanying architectural plans, it is proposed to 

utilise the existing concrete slab as a heliport. The heliport is located 

immediately to the east of the metal shed at the rear of the dwelling. The 

heliport is in excess of 30m from any private property boundary with the site. 

The aircraft will land on the existing concrete slab and be stored within the 

existing associated storage shed. The proposal does not require the storage 

of any fuel or other flammable liquids on site. The heliport will not be used for 

more than 7 flight movements per week. All flights will be conducted in 

daylight hours. Any aircraft will fly in and out over the existing bushland. 

CONCLUSION 

The proposal provides for heliport which will not have any detrimental impact 

on the adjoining properties or the locality. As the proposed development will 

not have any significant impact on the environment, scenic quality of the area 

or the amenity of the adjoining allotments, the issue of Development Consent 

under the delegation of Council is requested”. 

Comment: 

The above comments are noted with respect to the proposed development. 


following: 

“A detailed discussion of the desired future character and general principles 

of general control are included in the Statement of Environmental Effects. In 

summary it is considered that the proposed heliport is consistent with the 

desired future character of the Mona Vale East Locality for the following 

reasons: 

- The proposal is for an ancillary recreational use for the property owners. As 

the site is a rural-residential locality and the proposed helipad is used in 

conjunction with the owner’s recreational requirements, the nature of the use 

is commensurate with the residential situation and the detached housing 

character of the locality. 

- The proposal does not result in the removal of any significant vegetation. 

- The proposal does not result in any alteration to the existing landform. 

- The development does not require any building structure and as such will 

blend in with the natural landscape. 

- The proposal does not require any physical works on site, with the heliport 

utilising the existing detached shed and adjoining concrete structure” 

Comment: 

Assessment has been provided with respect to the Desired Future Character 

and General Principles of Development Control. As such the proposal is 

consistent with the Desired Future Character and General Principles as it will 

be a “low impact” “low intensity” use. 


following: 

“The proposal seeks to provide for a heliport in the rear yard on the existing 

concrete slab. The objective of this development is to allow for the landing 

and takeoff of a helicopter for use by the residents”. 

Comment: 




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(4) An analysis of feasible 

alternatives. 

(including (a) Consequences of 

not carrying out the development 

and (b) Justification for the 

development) 

(5) Development and context 

analysis. 

(6) Biophysical, economic and 

social considerations and the 

principles of ecologically 

sustainable development. 


following: 

“The options to not carrying out the development will result in no helicopters 

being able to land or take off from the site. 

The proposed development is justified for the following reasons: 

- The proposal will enable the residents to take off and land helicopters on 

site or residential purposes. 

- The heliport will not be utilised for more than 7 flights per week. 

- The heliport will comprise an existing concrete slab and existing detached 

shed which are located in the rear yard and therefore not visible from the 

street. 

- The proposal provides for ample separation to surrounding residential 

properties and the bushland. 

- There are a number of other heliports within the locality and therefore the 

development is not inconsistent with the existing surrounding development” 

Comment: 

The consequences of not carrying out the development will have no adverse 

impact on the surrounding environment as the existing level of amenity will 

remain unchanged if the development did not proceed. 

With regard to the justification of the proposed development, the above points 

are noted as it will provide a means of transportation for the residents of the 

subject property. 


following: 

“As detailed within the accompanying architectural plans, it is proposed to 

utilise the existing concrete slab as a heliport. The heliport is located 

immediately to the east of the metal shed at the rear of the dwelling. The 

heliport is in excess of 30m from any private property boundary of the site. 

The aircraft will land on the existing concrete slab and be stored within the 

existing associated storage shed. The proposal does not require the storage 

of any fuel or other flammable liquids on site. The heliport will not be used for 

more than 7 flight movements per week. All flights will be conducted in 

daylight hours. Any aircraft will fly in and out over the existing bushland. 

Given that the development utilises the existing detached shed and concrete 

slab the proposal does not require any construction works. Therefore the 

proposal will not have any impact on the existing environment. An acoustic 

report and flora and fauna report have been also prepared”. 

Comment: 


The proposal demonstrates that the impact on the fauna on the subject and 

surrounding land will be acceptable. 


following: 

“As detailed above the proposal does not involve any construction works on 

site rather the development utilises existing facilities. The proposal will not 

have any impact on the biophysical or economic environment. An acoustic 

report and flora and fauna report indicate that there will be no social impact” 

Comment: 


The proposal demonstrates the impact on the biophysical environment will be 

acceptable by virtue of the flora and fauna assessment and acoustic 

assessment. 



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(7) Measures to mitigate any 

adverse effects of the 

development on the environment 


following: 

“As the proposal does not require any construction works there is not 

expected to be any impact on the existing environment. An acoustic report 

and flora and fauna report have been prepared and are included in the DA 

submission” 

Comment: 

The above points are noted with respect to the proposed development. The 

proposed flora and fauna assessment is satisfactory to demonstrate the 

impact on the surrounding environment is acceptable. 

(8) Other approvals required With regard to Point 7 of Schedule 15 the applicant has provided the 

following: 

“No other approvals are necessary to allow the proposed use to be carried 

out”. 

Comment: 

The above comments are noted with respect to the proposed development . 

The proposed “heliport” is not defined as Designated Development under the 

provisions of the Environmental Planning & Assessment Regulation 2000 or a 

Scheduled Activity under the Provisions of the Environmental Protection & 

Operations Act 1997. No additional approvals or licences are required. 

It is considered that the submitted Statement of Environmental Effects prepared by Vaughn 

Milligan Development Consulting dated December 2009 and in response to the provisions of 

Schedule 15 adequately addresses the compatibility of the of the development with the Locality 

and the DFC. 

POLICY CONTROLS 

Warringah Section 94A Development Contribution Plan (adopted 14 November 2006) 

Not applicable 

OTHER MATTERS FOR CONSIDERATION 

Nil 

CONCLUSION 

The site has been inspected and the application assessed having regard to the provisions of 

Section 79C of the Environmental Planning and Assessment Act, 1979, the provisions relevant 

Environmental Planning Instruments including Warringah Local Environment Plan 2000, Draft 

Warringah Local Environmental Plan 2009 and the relevant codes and policies of Council. 

No objection is raised to the heliport as the taking off and landing of the helicopter will not have an 

unacceptable impact on the amenity of surrounding residents. The Acoustic Report prepared by 

Acoustic Consulting Group Pty Ltd dated 22 December 2009 provides detailed assessment of the 

impact on the acoustic amenity of the locality giving justification to the use as a heliport. If approval 

were to be granted the imposition of a condition to regulate the number of flight movements per 

week and day and the flight path would satisfy the concerns of residents in regard to noise. 



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The proposal identifies the broader impacts on native fauna located on the subject site and 

surrounding land. In this regard assessment detail has been provided to satisfy the requirements 

of the Threatened Species Conservation Act 1995. As these matters have been adequately 

addressed and the proposal will be “low impact” “low intensity” the operation of the “heliport” is 

consistent with the Desired Future Character for the B9 – Mona Vale Road East Locality. 

It is considered that the proposed development does not satisfy the appropriate controls and that 

all processes and assessments have been satisfactorily addressed. 

As a result of the matters detailed within this report it considered that Council as the consent 

authority approve Development Application DA2009/1719 for a heliport at Lot 5 DP 25194 

Kamber Road Terrey Hills for the reasons detailed within the “Recommendation” section of this 

report. 

RECOMMENDATION (APPROVAL) 

A. Subject to receipt of comments from Energy Australia, Council as the consent authority grant 

Development Consent to DA2009/1719 for a Heliport at Lot 5, DP25194 Kamber Road, 

Terrey Hills subject to the following conditions and including any conditions that may be 

required by Energy Australia. 

B. That pursuant to Section 95(2) of the Environmental Planning Assessment Act 1979, the 

Council vary the provisions of Section 95(1) so this consent will lapse three (3) years from 

the date in which it operates, and the applicant be advised accordingly. 

GENERAL CONDITIONS 

CONDITIONS THAT IDENTIFY APPROVED PLANS 

1. Approved Plans and Supporting Documentation 

The development must be carried out in compliance (except as amended by any other 

condition of consent) with the following: 

Architectural Plans - Endorsed with Council’s stamp 

Drawing No. Dated Prepared By 

DA01 September 2008 JAH Design Services 

Reports / Documentation 

Report No. / Page No. / Section 

No. 

Appendix A – Flight Path 

Diagram 

Dated Prepared By 

22 December2009 The Acoustic Group 

Reason: To ensure the development is carried out in accordance with the determination of 

Council and approved plans. (DACPLB01) 



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ON-GOING CONDITIONS THAT MUST BE COMPLIED WITH AT ALL TIMES 

2. Noise Emissions 

Noise emissions from the helicopter are not to exceed 50d(B)A when measured at adjoining 

and adjacent residential properties in accordance with AS2363 “Acoustics – Measurement of 

noise from helicopter operations”. 

Reason: to maintain local environmental amenity 

3. Flight Path 

The flight path of the helicopter when taking off and landing at the subject property is to be in 

accordance with that detailed in “Appendix A” of the Acoustic Report prepared by the 

Acoustic Group dated 22 December 2009. 

Reason: To maintain the local environmental amenity 

4. Number of Flight movements 

From Monday to Sunday (for the purpose of this development consent 1 (one) week) there 

are to be no more than seven (7) flight movements (where taking off and landing are 

separate movements). The number of flight movements is to not exceed two (2) per day. 

Any increase to the abovementioned thresholds will be subject to Development Consent of 

Council. 


5. Hours of operation 

Flight movements are to not occur outside the hours of 9am to 5pm (inclusive). The starting 

and shutting down of the helicopter engine and any other activities associated with the taking 

off and landing of the helicopter are prohibited outside these hours. 


6. Storage of fuel 

The refuelling of the helicopter and the storage of fuel and associated goods on-site for the 

purpose of helicopter operations is prohibited. 


7. Commercial operations prohibited 

No approval is granted under this development consent for commercial use of the heliport. 

The use of the heliport is to be exclusively for private use with no commercial gain sought for 

the taking off and landing of the helicopter on-site. 




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8. Helicopter Landing Site (HLS) 

The HLS is to be in accordance with the following guidelines of the Civil Aviation Safety 

Authority. 

• be large enough to accommodate the helicopter safely; and 

• have a surface capable of withstanding the static and dynamic loads imposed by the 

helicopter; 

Reason: to ensure that the HLS is safe for the taking off and landing of the helicopter 



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4.3 Lot 5 Kamber Road Terrey Hills - Warringah Council

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