Statement of Environmental Effects for a Hornsby Council DA

A Statement of Environmental Effects (SEE) is a mandatory document for every development application (DA) lodged with Hornsby Shire Council. It must demonstrate how your proposal responds to the Hornsby Local Environmental Plan 2013, the Hornsby Development Control Plan 2013, and the constraints that define this uniquely diverse shire — from urban rail-corridor towns to vast bushland and rural hinterland. Assessment is carried out under s 4.15(1) of the Environmental Planning and Assessment Act 1979. A poorly prepared SEE is among the most common causes of requests for additional information and delayed approvals.

What Planning Instruments Govern Hornsby DAs?

Hornsby Shire is a shire of two worlds — rail-corridor towns that function as urban Sydney suburbs, and a vast bushland and rural hinterland stretching to the Hawkesbury. The planning instruments that govern DAs reflect that duality.

The Hornsby Local Environmental Plan 2013 is the operative local environmental plan across Hornsby Shire. It is a standard instrument plan made under the Environmental Planning and Assessment Act 1979 and applies to the shire as it stands following the 2016 boundary change that transferred Epping and nearby areas to the City of Parramatta. The LEP 2013 sets land use zones, height limits, floor space ratios, heritage schedules, and the principal development standards across both the urban and rural parts of the shire.

The Hornsby Development Control Plan 2013 provides detailed controls beneath the LEP — residential design standards, bushland and rural area provisions, heritage guidelines, environmental management controls, and specific requirements for development at the urban–bushland interface. Your SEE must address the relevant DCP chapters for your development type and location.

The mandatory content of every SEE is prescribed by Schedule 1, Part 1 of the EP&A Regulation 2021. This sets the legal floor for what must be addressed, regardless of council: description of the site, description of the development, applicable planning instruments and policies, environmental impacts, and site suitability.

Assessment of your DA applies the five-part framework under s 4.15(1) of the EP&A Act 1979: (a) applicable environmental planning instruments, (b) any DCP, (c) likely impacts on natural and built environments, social and economic impacts, (d) suitability of the site, and (e) the public interest. Each head must be addressed in the SEE.

State Environmental Planning Policies (SEPPs) may overlay both the LEP and DCP — particularly the Biodiversity Conservation SEPP, housing SEPPs, and the Exempt and Complying Development Codes SEPP. Verify which SEPPs apply to your specific lot and development type.

Bushland and National Parks — the Defining Constraint

Hornsby Shire is substantially defined by the bushland and national parks that surround and penetrate it. Berowra Valley National Park and Ku-ring-gai Chase National Park together shape development across a wide arc of the shire — from clearing controls to visual impact assessments.

The shire's urban and rural areas are bounded and intersected by significant national parks and bushland reserves. Berowra Valley National Park extends through the western and northern parts of the shire, creating a green corridor from the Hawkesbury River to the outskirts of urban Sydney. Ku-ring-gai Chase National Park adjoins the eastern edge of the shire. Numerous local bushland reserves and riparian corridors add further constraint across suburban and rural lots.

Development near or adjacent to these areas must address:

• Biodiversity: threatened species, ecological communities, and their habitats. Where a proposal triggers the Biodiversity Offset Scheme threshold under the Biodiversity Conservation Act 2016, a Biodiversity Development Assessment Report (BDAR) must accompany the DA.
• Visual impact: development visible from national parks or public viewing points within them must demonstrate that bulk, scale, and materials are compatible with the bushland setting.
• Vegetation clearing: clearing of native vegetation is tightly controlled. The LEP 2013 and DCP 2013 set controls on which vegetation may be cleared, under what circumstances, and what conditions apply.
• Riparian corridors: creeks, streams, and their associated riparian vegetation are protected. Buffer setbacks and riparian management plans may be required.

• Biodiversity impact assessment · Vegetation clearing justification · Visual impact assessment · Riparian buffer compliance · Native vegetation map

Bushfire-Prone Land — RFS Requirements

Bushfire-prone land is widespread in Hornsby Shire. Where your site is mapped as bushfire prone, the SEE must address Planning for Bushfire Protection requirements — including RFS assessment, asset protection zones, and construction standards. This is not optional.

Much of Hornsby Shire is mapped as bushfire-prone land because residential, rural, and environmental living areas across the shire adjoin bushland and national parks. Where a site is bushfire prone, your DA must address:

• RFS assessment: a bushfire assessment in accordance with Planning for Bushfire Protection, prepared by a suitably qualified person, must be submitted with the DA.
• Asset protection zone (APZ): the required APZ dimensions must be achievable on the site and must not encroach into public bushland or national parks. Where an APZ cannot be achieved, approval may be refused.
• Construction standards: the Bushfire Attack Level (BAL) must be calculated for the site, and the proposed dwelling or structure must be designed to comply with the relevant BAL construction standard.
• Integrated housing code: for certain residential proposals, bushfire compliance may be assessed through the Integrated Development process, requiring formal referral to the NSW Rural Fire Service.

Check the council's bushfire-prone land map for your lot before commencing design. Where the site is bushfire prone, engage a bushfire consultant early — the APZ requirement can significantly affect site layout and building footprint.

Rural and Environmental Land — Galston, Dural, and Arcadia

The rural and environmental living areas around Galston, Dural, and Arcadia are some of the most distinctive planning precincts in northern Sydney. DAs in these areas face additional SEE obligations that do not arise on standard suburban lots.

The western and south-western parts of Hornsby Shire — including Galston, Dural, Arcadia, Berowra, and parts of Mount Kuring-gai — encompass rural residential and environmental living zones under the Hornsby LEP 2013. These areas carry additional assessment requirements beyond those applicable to standard residential DAs. Key obligations include:

Vegetation clearing: clearing of native vegetation on rural and environmental lots is controlled closely. The LEP and DCP set out permitted clearing areas and require justification for clearing above threshold amounts. Where the Biodiversity Offset Scheme threshold is triggered, a BDAR is required.

On-site effluent disposal: most rural lots in these areas are not connected to reticulated sewer. The SEE must demonstrate that the lot can adequately accommodate on-site effluent disposal in accordance with AS/NZS 1547 and the Hornsby DCP 2013. A site suitability assessment by a suitably qualified practitioner is typically required.

Access: rural lots may require assessment of driveway grades, road frontage, and property access — particularly where bushfire, flooding, or steep topography applies.

Visual impact: development on rural and environmental lots must address landscape and visual impact. Bulk, scale, materials, and setbacks are assessed against the rural character of the area.

Intensive uses: certain uses on rural land — such as extensive agriculture, tourist facilities, or home businesses above a threshold — require specific zone justification and impact assessment.

Common DA Types in Hornsby

Most Hornsby DAs fall into four common categories — each with distinct SEE obligations shaped by the character of the shire.

1. Residential Alterations and Additions Alterations and additions to dwellings across the shire's rail-corridor suburbs — Hornsby, Asquith, Waitara, Pennant Hills, Thornleigh, Cherrybrook — must address height, setbacks, overshadowing, privacy, and bushfire where applicable. Heritage impact statements are required where works affect heritage items or areas.

2. Bushfire-Affected Dwelling New dwellings and substantial additions on bushfire-prone land require a bushfire assessment, APZ demonstration, and BAL construction standard compliance. This is among the most technically demanding DA types in Hornsby.

3. Rural or Environmental Lot Development DAs in Galston, Dural, Arcadia, and other rural zones require additional SEE attention to vegetation clearing, effluent disposal, access, and visual impact. Zone objectives under the LEP 2013 must be explicitly addressed.

4. Bushland-Edge New Dwelling New dwellings at the urban–bushland interface require assessment of bulk, scale, tree retention, bushfire setbacks, and geotechnical stability where steep land applies.

For a full list of required DA documents, see the DA lodgement checklist on instantSEE.

When Does the Sydney North Planning Panel Decide?

Most Hornsby DAs are determined by council officers or the Hornsby Local Planning Panel — but proposals above the capital investment value threshold are referred to the Sydney North Planning Panel.

Development applications that exceed the capital investment value (CIV) threshold set by the Minister, or that involve regionally significant development as defined by the Infrastructure SEPP, are determined by the Sydney North Planning Panel rather than by council. Check current thresholds at the time of lodgement to confirm the correct consent authority for your proposal.

The Hornsby Local Planning Panel determines applications of a type designated by the Panel Proceedings Policy — including applications where a submission has been received that raises a planning objection, certain sensitive development types, and other categories prescribed by the policy.