Development Assessment Unit · 2020. 3. 11. · DEVELOPMENT ASSESSMENT UNIT MEETING 26 MAY, 2015...

Development Assessment

Unit

Tuesday, 26 May 2015

THE H

ILLS S

HIR

E C

OU

NC

IL

DEVELOPMENT ASSESSMENT UNIT MEETING 26 MAY, 2015

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA NO. 1295/2015/HA - TWO STOREY

DWELLING AND A DETACHED SECONDARY

DWELLING - LOT 24 DP 25334, NO. 15 ST

AIDANS AVENUE, OATLANDS

5

ITEM-3 DA NO. 1128/2015/HA - WHOLESALE SUPPLIES

BUSINESS (TRIFORCE SPORTS) - LOT 14 SP

77109 - 41/24-32 LEXINGTON DRIVE, BELLA

VISTA

23

ITEM-4 DA NO. 907/2015/HA - CONSTRUCTION OF A

PART TWO, PART THREE STOREY DWELLING

WITH ATTACHED SECONDARY DWELLING AND

IN-GROUND SWIMMING POOL - LOT 1 DP

600391, NO. 418 OLD NORTHERN ROAD,

GLENHAVEN

35


PAGE 3

MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE

HILLS SHIRE COUNCIL ON TUESDAY, 19 MAY 2015

PRESENT

Cameron McKenzie Group Manager – Environment & Planning

James McBride Development Assessment Co-ordinator

Andrew Brooks Manager – Subdivision & Development Certification

Mark Colburt Manager – Environment & Health

Craig Woods Manager – Regulatory Services

Tim Davies Principal Forward Planner

Kristine McKenzie Principal Executive Planner

APOLOGIES

Paul Osborne Manager – Development Assessment

Stewart Seale Manager – Forward Planning

TIME OF COMMENCEMENT

8:30am

TIME OF COMPLETION

8:38am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 12 May

2015 be confirmed.

ITEM-2 DA 522/2015/HA - DEMOLITION OF EXISTING

POOL AND CONSTRUCTION OF AN ATTACHED

SECONDARY DWELLING UNDER SEPP

(AFFORDABLE RENTAL HOUSING 2009) LOT 104

DP 232375, NO. 16 TALISMAN AVENUE, CASTLE

HILL

RESOLUTION

The application be approved subject to conditions as set out in the report.


PAGE 4

ITEM-3 DA 763/2015/ZD - SUBDIVISION CREATING SIX

COMMUNITY TITLE RURAL RESIDENTIAL LOTS AND

ONE COMMUNITY ASSOCIATION LOT (RURAL

CLUSTER) - LOT 10 DP 871096, NO. 76 HALCROWS

ROAD, GLENORIE

RESOLUTION

The application be approved subject to conditions as set out in the report.

END MINUTES


PAGE 5

ITEM-2 DA NO. 1295/2015/HA - TWO STOREY DWELLING

AND A DETACHED SECONDARY DWELLING - LOT 24

DP 25334, NO. 15 ST AIDANS AVENUE, OATLANDS

THEME: Balanced Urban Growth

OUTCOME: 7 Responsible planning facilitates a desirable living

environment and meets growth targets.

STRATEGY:

7.2 Manage new and existing development with a robust

framework of policies, plans and processes that is in

accordance with community needs and expectations.

MEETING DATE: 26 MAY 2015

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR TOWN PLANNER

SHANNON BUTLER

RESPONSIBLE OFFICER: PRINCIPAL EXECUTIVE PLANNER

KRISTINE MCKENZIE

EXECUTIVE SUMMARY

The Development Application is for the construction of a two storey dwelling and

detached secondary dwelling under the provisions of State Environmental Planning Policy

(Affordable Rental Housing) 2009. It is proposed to retain the existing in-ground

swimming pool and associated pool fencing. The two storey dwelling is proposed to

contain four bedrooms and a double garage. It is proposed to be constructed of face

bricks with metal deck roofing. The secondary dwelling is proposed to contain two

bedrooms and will have colours and finishes consistent with the primary dwelling.

The application has been assessed against the provisions of SEPP (Affordable Rental

Housing) 2009 and is considered satisfactory. The application seeks variations to

Development Control Plan 2012 Part B Section 2- Residential relating to corner lot and

garage setbacks. The setbacks are considered satisfactory given the existing and

proposed landscaping, proposed fencing and the ability to park a vehicle forward of the

garage.

The application was notified in accordance with Council’s policy and one submission was

received. The issue raised in the submission relates to increased traffic as a result of the

proposed secondary dwelling. The increase in traffic from the secondary dwelling is

negligible and will not adversely impact on the traffic environment.

Accordingly, the proposal is recommended for approval subject to conditions.


PAGE 6

BACKGROUND MANDATORY REQUIREMENTS

Applicant: Mr S & Mrs N

Krishnaswamy

1. SEPP (Affordable Rental Housing)

2009 – Complies.

Owner: Mr S & Mrs N

Krishnaswamy

2. LEP 2012 – Satisfactory.

Zoning: R2 Low Density

Residential

3. DCP Part B Section 2- Residential –

Variations proposed, see report.

Area: 1043m² 4. Section 79C (EP&A Act) –

Satisfactory.

Existing Development: Single storey

dwelling and

swimming pool.

5. Section 94 Contribution – N/A

SUBMISSIONS REASONS FOR REFERRAL TO DAU

1. Exhibition: Not required. 1. Variations to DCP Part B Section 2-

Residential.

2. Notice Adj Owners: Yes, 14 days.

2. Submission received.

3. Number Advised: 10

4. Submissions

Received:

One POLITICAL DONATION – None disclosed.

HISTORY

21/04/2015 Subject Development Application lodged with Council.

28/04/2015 Letter sent to the applicant in relation to compliance with SEPP

(Affordable Rental Housing) 2009, compliance with Residential

DCP and swimming pool fencing.

06/05/2015 Amended plans submitted in response to Council’s letter.

PROPOSAL

The Development Application is for the construction of a two storey dwelling and

detached secondary dwelling under the provisions of State Environmental Planning Policy

(Affordable Rental Housing) 2009. It is proposed to retain the existing in-ground

swimming pool and associated pool fencing.

The two storey dwelling is proposed to contain four bedrooms and a double garage. It is

proposed to be constructed of face bricks with metal deck roofing.


PAGE 7

The secondary dwelling is proposed to contain two bedrooms and will have colours and

finishes consistent with the primary dwelling.

The subject site is of an irregular shape with three sides and an area of 1043m². Two

sides of the site front St Aidans Avenue and the remaining side adjoins a residential

property to the south.

ISSUES FOR CONSIDERATION

1. Compliance with SEPP (Affordable Rental Housing) 2009

State Environmental Planning Policy (SEPP) (Affordable Rental Housing) 2009 defines a

secondary dwelling as follows;

“development for the purposes of a secondary dwelling includes the following:

(a) the erection of, or alterations or additions to, a secondary dwelling,

(b) alterations or additions to a principal dwelling for the purposes of a

secondary dwelling.

The standard instrument defines secondary dwelling as follows:

secondary dwelling means a self-contained dwelling that:

(a) is established in conjunction with another dwelling (the principal dwelling),

and

(b) is on the same lot of land (not being an individual lot in a strata plan or

community title scheme) as the principal dwelling, and

(c) is located within, or is attached to, or is separate from, the principal

dwelling.”

The proposal complies with the above definition.

The following development standards apply to Development Applications that are not

classed as complying development:

SEPP Requirement Proposal Compliance

Floor area of secondary

dwelling must be no more

than 60m².

Proposed floor area is 60m². Yes

Site area must be over

450m².

Site area: 1043m². Yes

Additional parking does not

have to be provided.

No additional parking

provided.

N/A

Total floor area to be no

more than that permitted

under another EPI.

There is no FSR specified

under LEP 2012.

N/A


PAGE 8

2. Compliance with DCP Part B Section 2- Residential

The application has been assessed against the requirements of Development Control

Plan (DCP) Part B Section 2- Residential and the following variations were identified:

DEVELOPMENT

STANDARD

DCP

REQUIREMENTS

PROPOSED

DEVELOPMENT

COMPLIANCE

Corner setbacks The minimum

required front

setback for a corner

lot is 6 metres for

the primary frontage

and 4 metres for the

secondary frontage.

The following front

(corner lot) setbacks

are proposed:

Primary Dwelling:

3.09m primary.

7.39m secondary.

Secondary

Dwelling:

3.98m primary.

2.05m secondary.

No, however, the

proposed

variations are

considered

satisfactory given

the existing

landscape

screening and

proposed fencing.

Garage setback All garages must be

set back in

accordance with the

setback described

above (corner

setback control), or

5.5 metres,

whichever is the

greater.

The garage is

proposed to be set

back 3.09 metres

from the primary

frontage.

No, however, the

proposed garage

setback is

considered

satisfactory as

there is

satisfactory space

to park a vehicle

to the front of the

garage and not

impede on the

road reservation.

i) Building Setbacks

DCP Part B Section 2- Residential contains the following requirements relating to building

setbacks for corner lots:

(e) Development on corner allotments, with no frontages to classified roads shall

have regard to the streetscape of both street frontages and may provide a

setback of not less than 6 metres for the primary frontage and 4 metres to a

secondary road frontage.

The primary dwelling is proposed to have a 3.09m primary frontage setback and 7.39m

secondary front setback. The secondary dwelling is proposed to have a 3.98m primary

frontage setback and a 2.05m secondary front setback.

The DCP contains the following objectives:

(i) To provide setbacks that complement the streetscape and protects the privacy

and sunlight to adjacent dwellings in accordance with ESD Objective 7.

(ii) To ensure that new development is sensitive to the landscape setting, site

constraints and established character of the street and locality.

(iii) To ensure that the appearance of new development is of a high visual quality and

enhances the streetscape.


PAGE 9

The applicant has provided the following justification for the proposed variation:

We would like to apply for a variation to the secondary setback and garage setback

requirements set out in Council’s DCP. Our proposal has been sited in such a way as to

maximise the use of private open space and to maintain the existing in-ground pool.

There is a non-compliance with the secondary setback and the rear setback of the

secondary dwelling, however we feel that this is only minor as it is only a corner portion

of the garage which is a non-habitable room and the secondary dwelling is limited in its

positioning due to the site constraints.

Due to the irregular shape of the property, we ask that Council recognise that some

concession to the DCP is necessary to promote and encourage new development and

appealing designs that adhere to the existing streetscape. The proposed positioning of

the dwelling and secondary dwelling has no adverse impact on the neighbouring homes

or the existing streetscape.

Comment:

The proposed setbacks are considered satisfactory for the following reasons:

There is existing established vegetation and suitable fencing proposed on both

frontages. The fencing is proposed to be one metre in height and comprises a

brick base and piers and timber in-fill panels. The site contains an existing 1.8m

high brick fence in the south western part of the site to screen the swimming pool

from view and act as part of the pool barrier. This brick fence is proposed to be

retained. The proposed structures will be well screened from view from St Aidans

Avenue.

The site is an irregular shape and is constrained by the applicant’s intention to

retain the existing swimming pool.

The proposal will not result in any significant impacts on the established

streetscape.

The encroachments are not for the full extent of the frontage of the lot.

Accordingly, the proposed setbacks are considered satisfactory.

ii) Garage Setback

DCP Part B Section 2- Residential contains the following requirement relating to garage

setbacks:

(f) All garages must be setback in accordance with the setbacks described above,

or 5.5 metres, whichever is the greater.

The garage setback is proposed to reduce to 3.09m from the primary frontage. It is

noted that the garage setback increases to 11m given the irregular shape of the lot.

The DCP contains the following objectives:

(i) To provide setbacks that complement the streetscape and protects the privacy





PAGE 10



The applicant has provided the following justification for the proposed variation:

The garage setback allows for a vehicle to park within the front setback to the front of

the garage and not protrude onto the road reservation. Accepting our application as

proposed will result in an orderly and economic use of the land by accommodating an

attractive new dwelling appropriate for the residential zone in which it is located.

Comment:

The proposed garage setback is considered satisfactory for the following reasons:

There is a satisfactory area to the front of the garage to allow a vehicle to park

and be clear of the road reservation. The garage setback varies from 3.09 metres

to 11 metres given the irregular shape of the lot.

The site is an irregular shape and is constrained by the applicant’s intention to

retain the existing swimming pool.

The proposal will not result in any significant impacts on the established

streetscape.

The existing garage has a front setback reducing to 2.3 metres, therefore, the

proposed garage setback will be an improvement on the existing situation.

A turning area has been provided to facilitate vehicle movements.

Accordingly, the proposed setbacks are considered satisfactory.

3. Issues Raised in Submissions

The application was notified in accordance with Council’s policy and one submission was

received. The issue raised in the submission is addressed as follows:

ISSUE/OBJECTION COMMENT OUTCOME

Council needs to consider

whether it is suitable to

allow a secondary dwelling

as it will result in traffic

issues given that the

street is narrow and a cul-

de-sac.

The secondary dwelling is proposed

under the provisions of SEPP

(Affordable Rental Housing) 2009

and is a permissible development

under that instrument. St Aidans

Avenue is capable of

accommodating the negligible

increase in traffic that will result

from the secondary dwelling.

Issue addressed.

CONCLUSION

The application has been assessed against the provisions of Section 79C of the

Environmental Planning and Assessment Act, 1979, SEPP (Affordable Rental Housing)

2009 and Development Control Plan Part B Section 2- Residential and is considered

satisfactory.


PAGE 11

One submission was received and the concern raised in regard to traffic increase has

been addressed.

The application is recommended for approval subject to conditions.

IMPACTS

Financial

This matter has no direct financial impact upon Council's adopted budget or forward

estimates.

The Hills Future Community Strategic Plan

The proposed development is consistent with the planning principles, vision and

objectives outlined within “Hills 2026 – Looking Towards the Future” as the proposed

development provides for satisfactory urban growth without adverse environmental or

social amenity impacts and ensures a consistent built form is provided with respect to

the streetscape and general locality.

RECOMMENDATION

The Development Application be approved subject to the following conditions of consent.

GENERAL MATTERS

1. Development in Accordance with Submitted Plans

The development being carried out in accordance with the following approved plans and

details, stamped and returned with this consent except where amended by other

conditions of consent.

REFERENCED PLANS AND DOCUMENTS

DRAWING NO. DESCRIPTION SHEET REVISION DATE

2009504 Site Plan 01 8 06/05/2015

2009504 Ground Floor Plan 02 - 20/01/2015

2009504 First Floor Plan 03 - 20/01/2015

2009504 Elevations 04 - 20/01/2015

2009504 Elevations 05 - 20/01/2015

2009504 Sections 6.1 - 20/01/2015

2009504 Schedules 6.2 - 20/01/2015

2009504 Granny Flat Plans 09 - 20/01/2015

2009504 Granny Flat- Notes 10 - 20/01/2015

2009504 Concept Landscape Plan 13 - 20/01/2015

No work (including excavation, land fill or earth reshaping) shall be undertaken prior to

the issue of the Construction Certificate, where a Construction Certificate is required.


PAGE 12

2. Construction Certificate

Prior to construction of the approved development, it is necessary to obtain a

Construction Certificate. A Construction Certificate may be issued by Council or an

Accredited Certifier. Plans submitted with the Construction Certificate are to be amended

to incorporate the conditions of the Development Consent.

3. Separate Application for Demolition

A separate application is required for the demolition of the existing dwelling.

4. Building Work to be in Accordance with BCA

All building work must be carried out in accordance with the provisions of the Building

Code of Australia.

5. Adherence to Waste Management Plan

All requirements of the Waste Management Plan submitted to and approved by Council

must be implemented during the construction and/ or demolition phases of the

development, as well as the ongoing management phase. The information submitted can

change provided that the same or a greater level of reuse and recycling is achieved as

detailed in the plan. Any material moved offsite is to be transported in accordance with

the requirements of the Protection of the Environment Operations Act 1997 and only to a

place that can lawfully be used as a waste facility. Receipts of all waste/ recycling tipping

must be kept onsite at all times and produced in a legible form to any authorised officer

of the Council who asks to see them.

6. Management of Construction Waste

Waste materials must be appropriately stored and secured within a designated waste

area onsite at all times, prior to its reuse onsite or being sent offsite. This includes waste

materials such as paper and containers which must not litter the site or leave the site

onto neighbouring public or private property. A separate dedicated bin must be provided

onsite by the builder for the disposal of waste materials such as paper, containers and

food scraps generated by all workers. Building waste containers are not permitted to be

placed on public property at any time unless a separate application is approved by

Council to locate a building waste container in a public place. Any material moved offsite

is to be transported in accordance with the requirements of the Protection of the

Environment Operations Act 1997 and only to a place that can lawfully be used as a

waste facility. The separation and recycling of the following waste materials is required:

metals, timber, masonry products and clean waste plasterboard. This can be achieved by

source separation onsite, that is, a bin for metal waste, a bin for timber, a bin for bricks

and so on. Alternatively, mixed waste may be stored in one or more bins and sent to a

waste contractor or transfer/ sorting station that will sort the waste on their premises for

recycling. Receipts of all waste/ recycling tipping must be kept onsite at all times and

produced in a legible form to any authorised officer of the Council who asks to see them

7. Commencement of Domestic Waste Service

The property owner or agent acting for the owner must ensure to arrange the

commencement of a domestic waste service with Council. The service is to be arranged

no earlier than two days prior to occupancy and no later than two days after occupancy

of the development. All requirements of Council’s domestic collection service must be

complied with at all times. Please telephone Council on (02) 9843 0310 for the

commencement of waste services.

8. Provision of Domestic Waste Storage Area

Sufficient space must be allocated onsite to store a minimum of three 240 litre mobile

bins (for waste streams as determined by Council). Note two separate areas are required

for dual occupancies. The location is required to ensure that the bins are not visible from

any adjoining property or public place, are easily accessible by future occupants and

allow the bins to be wheeled to the street over flat or ramped surfaces, grade not to

exceed 1:14, and not over steps, kerbs, landscape edging or through a habitable area of

the dwelling.


PAGE 13

9. Tree Removal

Approval is granted for the removal of three trees as shown on the site plan prepared by

Masterton Homes, dated 6 May 2015 (revision 8).

All other trees are to remain and are to be protected during all works. Suitable

replacement trees are to be planted upon completion of construction.

10. Replacement Planting Requirements

To maintain the treed environment of the Shire three local provenance tube stock

advanced (25 litres) replacement trees from the following list are to be planted

elsewhere within the property.

Small mature size:

Angophora hispida Dwarf Apple

Acacia decurrens Sydney Green Wattle

Acacia falcata

Acacia implexa

Acacia parramattensis Parramatta Green Wattle

Acmena smithii Lilly Pilly

11. External Finishes

External finishes and colours shall be in accordance with the details submitted with the

development application and approved with this consent.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

12. Approved Plans to be Submitted to Sydney Water

The approved plans must be submitted to a Sydney Water Quick Check agent to

determine whether the development will affect any Sydney Water wastewater and water

mains, stormwater drains and/or easement, and if any requirements need to be met.

Plans will be appropriately stamped.

Please refer to the web site www.sydneywater.com.au for:

Quick Check agents details – See building and Developing then Quick Check

and

Guidelines for Building Over/Adjacent to /Sydney Water Assets – see Building and

Developing then Building and Renovating.

or telephone 13 20 92.

PRIOR TO WORK COMMENCING ON THE SITE

13. Principal Certifying Authority

A sign is to be erected in accordance with Clause 98 A (2) of the Environmental Planning

and Assessment Regulations 2000.

14. Builder and PCA Details Required

Notification in writing of the builder’s name, address, telephone and fax numbers to be

submitted to the Principal Certifying Authority prior to work commencing.

Two days before work commences, Council shall be notified of the Principal Certifying

Authority in accordance with the Regulations.


PAGE 14

15. Management of Building Sites – Builder’s Details

The erection of suitable fencing or other measures to restrict public access to the site

and building works, materials or equipment when the building work is not in progress or

the site is otherwise unoccupied.

The erection of a sign, in a prominent position, stating that unauthorised entry to the

site is not permitted and giving an after hours contact name and telephone number. In

the case of a privately certified development, the name and contact number of the

Principal Certifying Authority.

16. Consultation with Service Authorities

Applicants are advised to consult with Telstra, NBN Co and Australia Post regarding the

installation of telephone conduits, broadband connections and letterboxes as required.

Unimpeded access must be available to the electricity supply authority, during and after

building, to the electricity meters and metering equipment.

The building plans must be submitted to the appropriate Sydney Water office to

determine whether the development will affect Sydney Water’s sewer and water mains,

stormwater drains and/or easements. If the development complies with Sydney Water’s

requirements, the building plans will be stamped indicating that no further requirements

are necessary.

17. Approved Temporary Closet

An approved temporary closet connected to the sewers of Sydney Water, or alternatively

an approved chemical closet is to be provided on the land, prior to building operations

being commenced.

18. Erosion and Sedimentation Controls

Erosion and sedimentation controls shall be in place prior to the commencement of site

works; and maintained throughout construction activities until the site is landscaped

and/or suitably revegetated. The controls shall be in accordance with the details

approved by Council and/or as directed by Council Officers. These requirements shall be

in accordance with Managing Urban Stormwater – Soils and Construction produced by

the NSW Department of Housing (Blue Book).

19. Stabilised Access Point

A stabilised all weather access point is to be provided prior to commencement of site

works, and maintained throughout construction activities until the site is stabilised. The

controls shall be in accordance with the requirements with the details approved by

Council and/or as directed by Council Officers. These requirements shall be in

accordance with Managing Urban Stormwater – Soils and Construction produced by the

NSW Department of Housing (Blue Book).

20. Protection of Existing Trees

The trees that are to be retained are to be protected during all works strictly in

accordance with AS4970- 2009 Protection of Trees on Development Sites.

At a minimum a 1.8m high chain-wire fence is to be erected at least three (3) metres

from the base of each tree and is to be in place prior to works commencing to restrict

the following occurring:

Stockpiling of materials within the root protection zone,

Placement of fill within the root protection zone,

Parking of vehicles within the root protection zone,

Compaction of soil within the root protection zone.

All areas within the root protection zone are to be mulched with composted leaf mulch to

a depth of not less than 100mm.


PAGE 15

A sign is to be erected indicating the trees are protected.

The installation of services within the root protection zone is not to be undertaken

without prior consent from Council.

DURING CONSTRUCTION

21. Hours of Work

Work on the project to be limited to the following hours: -

Monday to Saturday - 7.00am to 5.00pm;

No work to be carried out on Sunday or Public Holidays.

The builder/contractor shall be responsible to instruct and control sub-contractors

regarding the hours of work. Council will exercise its powers under the Protection of the

Environment Operations Act, in the event that the building operations cause noise to

emanate from the property on Sunday or Public Holidays or otherwise than between the

hours detailed above.

22. Dust Control

The emission of dust must be controlled to minimise nuisance to the occupants of the

surrounding premises. In the absence of any alternative measures, the following

measures must be taken to control the emission of dust:

Dust screens must be erected around the perimeter of the site and be kept in good

repair for the duration of the construction work;

All dusty surfaces must be wet down and suppressed by means of a fine water

spray. Water used for dust suppression must not cause water pollution; and

All stockpiles of materials that are likely to generate dust must be kept damp or

covered.

23. Compliance with BASIX Certificate

Under clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a

condition of this Development Consent that all commitments listed in BASIX Certificate

No. 615817M be complied with. Any subsequent version of this BASIX Certificate will

supersede all previous versions of the certificate.

A Section 96 Application may be required should the subsequent version of this BASIX

Certificate necessitate design changes to the development. However, a Section 96

Application will be required for a BASIX Certificate with a new number.

24. Compliance with Critical Stage Inspections and Other Inspections

Nominated by the Principal Certifying Authority

Section 109E(d) of the Act requires certain specific inspections (prescribed by Clause

162A of the Regulations) and known as “Critical Stage Inspections” to be carried out for

building work. Prior to permitting commencement of the work, your Principal Certifying

Authority is required to give notice of these inspections pursuant to Clause 103A of the

Regulations.

N.B. An Occupation Certificate cannot be issued and the building may not be able to be

used or occupied where any mandatory critical stage inspections or other inspections

required by the Principal Certifying Authority are not carried out.

Where Council is nominated as Principal Certifying Authority, notification of all

inspections required is provided with the Construction Certificate approval.

NOTE: You are advised that inspections may only be carried out by the PCA

unless by prior agreement of the PCA and subject to that person being an

accredited certifier.


PAGE 16

25. Roof Water Drainage

Gutter and downpipe and/or rainwater tank overflow, to be provided and connected to

an approved lawful discharge point (ie. kerb, inter-allotment drainage easement or OSD)

upon installation of roof coverings.

26. Swimming Pool Safety Fencing

All pools and safety barriers are to comply with the Swimming Pools Act 1992, the

Swimming Pools Regulation 2008 and Australian Standard 1926.1-2012. A fact sheet

titled Swimming Pool Fencing Requirements is available from www.thehills.nsw.gov.au.

27. Resuscitation Warning Notice

In accordance with the Swimming Pools Regulation 2008, a Warning Notice is to be

displayed in a prominent position, in the immediate vicinity of the swimming pool. The

notice is to contain a diagrammatic flow chart of resuscitation techniques, the words:

(i) "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL",

and

(ii) "POOL GATES MUST BE KEPT CLOSED AT ALL TIMES", and

(iii) "KEEP ARTICLES, OBJECTS AND STRUCTURES AT LEAST 900 MILLIMETRES CLEAR

OF THE POOL FENCE AT ALL TIMES",

and all other details required by the Regulation.

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE

28. Registration of Swimming Pool

Prior to issue of an Occupation Certificate the swimming pool/spa is to be registered on

the NSW state register of swimming pools and spas. To register the swimming pool you

are to log onto www.swimmingpoolregister.nsw.gov.au and follow the prompts. A copy

of the registration certificate is to be submitted to the PCA to confirm the registration.

ATTACHMENTS

1. Locality Plan

2. Aerial Photograph

3. Site Plan

4. Primary Dwelling Elevations

5. Secondary Dwelling Elevations

6. Landscaping Plan


PAGE 17

ATTACHMENT 1 – LOCALITY PLAN


PAGE 18

ATTACHMENT 2 – AERIAL PHOTOGRAPH


PAGE 19

ATTACHMENT 3 – SITE PLAN


PAGE 20

ATTACHMENT 4 – PRIMARY DWELLING

ELEVATIONS


PAGE 21

ATTACHMENT 5 – SECONDARY DWELLING

ELEVATIONS


PAGE 22

ATTACHMENT 6 – LANDSCAPE PLAN


PAGE 23

ITEM-3 DA NO. 1128/2015/HA - WHOLESALE SUPPLIES

BUSINESS (TRIFORCE SPORTS) - LOT 14 SP 77109 -

41/24-32 LEXINGTON DRIVE, BELLA VISTA




STRATEGY:




MEETING DATE: 26/05/2015


AUTHOR: TOWN PLANNER

HENRY BURNETT

RESPONSIBLE OFFICER: MANAGER DEVELOPMENT ASSESSMENT

PAUL OSBORNE

EXECUTIVE SUMMARY

The Development Application is for the use of Unit 41 for a wholesale supplies business

known as Triforce Sports which specialises in the sale of sporting goods. The use is

currently operating without consent.

The use is most appropriately defined as a shop under LEP 2012 which is prohibited in

the B7 Business Park zone. Wholesale supply businesses by definition only allow

wholesale sale to business. The Statement in support of the application acknowledges

retail sale. The layout of the premises, manner in which goods are sold, displayed and

advertised all demonstrate the use is most appropriately categorised as a shop. The use

is therefore prohibited under LEP 2012.

The Development Application is recommended for refusal.


Applicant: Mr H Aly

1. LEP 2012 - Unsatisfactory

Owner: Talbree Pty Ltd 2. Section 79C (EP&A Act) –

Unsatisfactory

Zoning: B7 Business Park

3. Section 94 Contribution – N/A

Area: 338 m²

Existing Development: Triforce Sports


PAGE 24


1. Exhibition: Not required.

1. Recommended for Refusal

2. Notice Adj Owners: Yes, 14 days.

3. Number Advised: Eight

4. Submissions

Received:

Nil POLITICAL DONATION – None disclosed

HISTORY

23/09/2011 Development Application 224/2012/HA approved for a cricket

training facility in Unit 157.

05/08/2015 A Notice of Intention to Give an Order was served by Council

Staff requiring that the use of Unit 41 as a retail premises

cease.

24/09/2014 Development Application 424/2015/HA lodged for use of the

subject premises as a showroom/ wholesale sports store.

07/10/2014 Letter sent from the Assessing Officer requesting that the

applicant withdraw Development Application 424/2015/HA as

the use as undertaken was a shop.

08/01/2015 Development Application 424/2015/HA withdrawn.

02/03/2015 An Order was issued to Triforce Sports to cease the use of the

premises as a retail premises.

13/03/2015 Subject Development Application lodged.

PROPOSAL

The Development Application seeks consent for the use of Unit 41 for a wholesale

supplies business known as Triforce Sports which specialises in the sales of sporting

goods. Unit 41 is located on the podium level of an industrial/commercial complex and

has a gross floor area of 201 square metres at the podium level with a mezzanine area

of 110 square metres.

The Statement of Environmental Effects (SEE) describes the use as selling bulky sports

equipment and memorabilia with 80% of the sales being wholesale to people with

Australian Business Numbers and some ancillary retailing to individuals without an

Australian Business Number.

Triforce Sports operates a warehouse and training facility within Units 154 to 157 of the

same industrial/commercial complex which is detached from Unit 41.


PAGE 25


1. Compliance with LEP 2012

(i) Permissibility

In order for a Development Application to be considered it must be demonstrated that

the proposed land use is permissible within the prescribed zoning. The subject property

is within an area zoned B7 Business Park. The applicant states that the use is ‘wholesale

supplies’ which is permissible in the B7 zone. However, it is considered that the

predominant use is most appropriately defined as a shop which is prohibited in the B7

zone.

The submitted Statement Environmental Effects states that the use is ‘wholesale

supplies’ which is defined in LEP 2012 as follows:

Wholesale supplies means a building or place used for the display, sale or hire

of goods or materials by wholesale only to businesses that have an Australian

Business Number registered under the A New Tax System (Australian Business

Number) Act 1999 of the Commonwealth.

The submitted Statement of Environmental Effects (SEE) describes the use as selling

bulky sports equipment and memorabilia. It states that 80% of the sales are wholesale

to people with Australian Business Numbers and acknowledges there is some ancillary

retailing occurring to individuals without an Australian Business Number. It further states

that the premises are part of a warehouse and cricket training facility within the same

commercial complex and that the wholesale supplies premises performs administration

functions for these facilities.

The description of the use contained within the SEE is inconsistent with the definition of

a wholesale supplies business. The definition of wholesale supplies permits retailing to

businesses with Australian Business Numbers only. The SEE states that there is retailing

occurring to individuals without an ABN which is inconsistent with the definition of

wholesale supplies.

Further, it is considered that the description of the use contained within the SEE does

not make clear the type of goods available. A site inspection and review of online

advertising has revealed that Triforce Sports sells a range of sports products including

sports jerseys, fitness apparel and tennis equipment (see Attachment 3).

The use is most appropriately defined as a shop which is a type of retail premises. Retail

premises and shops are defined under LEP 2012 as follows:

Retail premises means a building or place used for the purpose of selling items

by retail, or hiring or displaying items for the purpose of selling them or hiring

them out, whether the items are goods or materials (or whether also sold by

wholesale).

Shop means a premises that sell merchandise such as groceries, personal care

products, clothing, music, homewares, stationary, electrical goods or the like or

that hire any such merchandise, and includes a neighbourhood shop, but does not

include food and drink premises or restricted premises.


PAGE 26

A characteristic of retail premises is that they include the retail sale of items whether or

not they are also sold by wholesale. Although a portion of Triforce sales may be by

wholesale, the use is still appropriately categorised as a retail premises as it also

includes retail sales. Retailing of this nature is not in line with the objectives of the B7

Business Park zone and retail premises (including shops) are prohibited in the zone

under LEP 2012. Retailing of the nature proposed is more appropriate in areas where

shops are permissible such as the B1 Neighbourhood Centre, B2 Local Centre or B4

Mixed Use zones. It is noted that bulky goods retailing is also prohibited in the B7

Business Park zone.

The SEE states that the premises is ancillary to a warehouse and training facility within

the same complex inferring that it is ancillary to a permissible use and therefore

satisfactory. The premises is a separate allotment within the Strata Plan and is separated

physically from the warehouse and training facility. As such, the use cannot be

considered ancillary as there is nothing ensuring the premises remains an ancillary use

in perpetuity. Additionally, the scale of the premises would be beyond that which would

be reasonably considered to be subservient to the training facility.

The use is therefore a prohibited use within the B7 Business Park zone. The association

of the use to the warehouse and training facility does not make it a permissible use. As a

result, the subject application is recommended for refusal.

(ii) Zone Objectives – B7 Business Park

The objectives of the B7 Business Park zone are as follows:

• To provide a range of office and light industrial uses.

• To encourage employment opportunities.

• To enable other land uses that provide facilities or services to meet the day to

day needs of workers in the area. • To make provision for high technology industries that use and develop advanced

technologies, products and processes.

The B7 Business Park zone aims to provide a range of office and light industrial uses.

The proposal is not an orderly use of land as it reduces the availability of floor area for

office and light industrial uses within the B7 Business Park zone. Reducing the amount of

floor area available for office and light industrial uses impacts negatively upon

employment opportunities within those sectors. The location of a shop within the B7

Business Park zone also impacts negatively upon the integrity of zones where shops are

permissible such as the B1 Neighbourhood Centre, B2 Local Centre or B4 Mixed Use

zones.

The B7 Business Park zone also aims to enable other land uses that provide facilities or

services to meet the day to day needs of workers in the area. The range of uses that fit

this criteria is limited and includes services and neighbourhood shops. Services include

banks, post offices, hair dressers and dry cleaners. Neighbourhood shops are

characterised by the sale of foodstuffs, personal care products, newspapers and the like,

and are limited to no more than 100 m2. A shop for the sale of sporting goods does not

fall within the scope of uses that meet the day to day needs of workers in the area.

The proposal is unsatisfactory with respect to the objectives of the B7 Business Park

zone.


PAGE 27

CONCLUSION

The Development Application has been assessed against Section 79C of the

Environmental Planning and Assessment Act, 1979 and The Hills Local Environmental

Plan 2012 and is considered unsatisfactory. The proposal is prohibited in the B7 Business

Park zone under LEP 2012.

The Development Application is recommended for refusal.

IMPACTS

Financial

This matter may have a direct financial impact upon Council’s adopted budget as refusal

of this matter may result in Council having to defend a Class 1 Appeal in the NSW Land

and Environment Court.


The environmental and social impacts where appropriate have been identified and

addressed in the report. The proposal is not considered consistent with The Hills Future

Community Strategic Plan as the use does not contribute to the orderly and envisaged

use of this part of the Norwest Business Park.

RECOMMENDATION

The Development Application be refused for the following reasons:

1. The proposal is a retail shop which is prohibited within the B7 Business Park zone

under Part 2 of The Hills LEP 2012

(Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act, 1979).

2. The proposal is inconsistent with the objectives of the B7 Business Park zone as it

reduces floor area and employment opportunities for office or light industrial use

(Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act, 1979).

3. The proposal is not in the public interest as it does not result in the orderly

development of land within the Shire.

(Section 79C(1)(e) of the Environmental Planning and Assessment Act, 1979).

ATTACHMENTS

1. Locality Plan


3. Site Photographs

4. Online Advertising


PAGE 28



PAGE 29



PAGE 30

ATTACHMENT 3 – SITE PHOTOGRAPHS

Photograph 1: Store from Podium Level


PAGE 31

Photograph 2 and 3: Products for Sale


PAGE 32

P

Photograph 4 and 5: Products for Sale


PAGE 33

ATTACHMENT 4 – ONLINE ADVERTISING


PAGE 34


PAGE 35

ITEM-4 DA NO. 907/2015/HA - CONSTRUCTION OF A PART

TWO, PART THREE STOREY DWELLING WITH

ATTACHED SECONDARY DWELLING AND IN-

GROUND SWIMMING POOL - LOT 1 DP 600391, NO.

418 OLD NORTHERN ROAD, GLENHAVEN




STRATEGY:




MEETING DATE: 26/05/2015


AUTHOR: TOWN PLANNER

JENNIFER WILLIAMS

RESPONSIBLE OFFICER: PRINCIPAL EXECUTIVE PLANNER

KRISTINE MCKENZIE

EXECUTIVE SUMMARY

The Development Application is for the construction of a part two, part three storey

dwelling with triple garage including an attached secondary dwelling and inground

swimming pool.

The proposal achieves compliance with Development Control Plan (DCP) Residential with

the exception of battle-axe building setbacks, site coverage and solar access. The DCP

requires dwellings located on battleaxe allotments to be set back a minimum distance to

three sides only of the lot of 6m for the 2 and 3 storey elements. The proposed dwelling

requires a variation to the north boundary to the upper floor which provides a 4.2 metre

setback. The DCP permits a maximum 30% site coverage to the lot. The proposed site

coverage is 54.59%. The DCP also requires at least 50% of the required private open

space within the subject property and on adjoining properties to receive direct sunlight

for a minimum of four hours between 9am and 3pm on 21 June. This is not achieved to

an adjoining lot to the south due to lot orientation and topography. The proposed DCP

variations are considered satisfactory as the dwelling will have a reasonable impact on

visual privacy, stormwater management and the amenity of the surrounding area.

The proposal was notified to adjoining property owners for a period of 14 days and one

submission was received. The issues raised in the submission relate to building height,

solar access, privacy, views and amenity. The proposal is considered satisfactory given

that the original plans have been amended to reduce the building height and provide

privacy screening to relevant areas of the dwelling. The applicant, through use of

multiple shadow diagrams illustrated that the additional overshadowing impact by the

dwelling is a result of the topography of the land and lot orientation rather than poor

design. The design of the dwelling is considered to be compatible with the existing

character of the residential area.

The Development Application is recommended for approval.


PAGE 36


Applicant: M Akbarian and H

Akbarian

1. LEP 2012 - Permissible with consent.

Owner: M Akbarian 2. DCP Part B Section 2 – Residential –

Variations required, see report.

Zoning: E4 Environmental

Living

3. Section 79C (EP&A Act) –

Satisfactory

Area: 1803m2 4. Section 94A Contribution –

$11,815.10

Existing Development: Vacant lot.


1. Exhibition: Not required.

1. Variations to DCP.

2. Notice Adj Owners: Yes, 14 days

2. Submission received.

3. Number Advised: Ten

4. Submissions

Received:

One POLITICAL DONATION – None disclosed.

HISTORY

16/01/2015 Subject Development Application lodged.

09/02/2015 Letter sent to the applicant requesting additional information

with respect to a reduction in building height, reduction to fill,

details of swimming pool and gazebo, BASIX Certificate

compliance and amendments to plans to address visual privacy.

02/03/2015

Meeting held with applicant to discuss proposed amendments to

plans and additional information required.

19/03/2015 Part amended plans and additional information submitted.

24/03/2015 Email sent to applicant requesting outstanding information to

address original issues raised.

22/04/2015 Amended plans and arborist report submitted.

06/05/2015

Amended BASIX Certificate submitted.


PAGE 37

PROPOSAL

The Development Application is for the construction of a three storey dwelling with triple

garage including an attached secondary dwelling and inground swimming pool.

The proposed development will result in a principal dwelling with five bedrooms, five

bathrooms, a triple garage, an in-ground swimming pool and detached gazebo. The

attached secondary dwelling contains one bedroom, one bathroom and a living area.

The proposed building materials are rendered brick, travertine stone cladding, timber,

Alucabond façade panelling and concrete. The proposed colour scheme is grey, cream,

white and brown.

The site is located within an established street and the adjoining dwellings contain a

variety of one and two storey dwellings. The subject lot is a battle-axe lot and the

driveway from Old Northern Road is also proposed. The site has a cross fall of

approximately six metres from the north-east to the south-west lot boundaries. The

proposal requires the removal of one tree to provide the new driveway however the

remaining five trees located on the property will be retained.


1. Compliance with Local Environmental Plan 2012

The proposal includes an attached secondary dwelling which contains one bedroom, one

bathroom and a living area.

The proposal has been assessed against the objectives of the E4 Environmental Living

zone and Clause 5.4 (9) – Secondary Dwellings in Local Environmental Plan 2012.

Compliance is demonstrated in the table below.

LEP Requirement Proposal Compliance

Floor area of secondary

dwelling must not exceed

60m² or 20% of the floor

area of the principle dwelling,

whichever is the greater.

Floor area of proposed secondary

dwelling is 59.4m².

Yes

E4 Environmental Living zone

applies to the subject lot.

Secondary dwellings are

permissible within E4

Environmental Living zones under

LEP 2012.

Yes

The proposal achieves compliance with the relevant development standards for the

proposed development and satisfies the objectives of the E4 Environmental Living zone.

The proposed development is satisfactory with regards to Local Environmental Plan

2012.

2. Compliance with Development Control Plan Part B Section 2 - Residential

The proposal has been assessed against the following provisions of Development Control

Plan (DCP) Part B Section 2 – Residential. The proposed development achieves

compliance with the relevant requirements of the DCP with the exception of the

following:


PAGE 38

DEVELOPMENT

STANDARD

DCP

REQUIREMENTS

PROPOSED

DEVELOPMENT

COMPLIANCE

Building

Setbacks

Battleaxe allotment

dwellings shall be

set back a minimum

distance to three

sides only of the lot

of 4m for the single

storey element and

6m for the 2 and 3

storey elements.

The north boundary

contains an

encroachment to the

first floor where the

minimum setback is

4.2m increasing to

6m over the 12.3m

long portion of the

dwelling within the

setback area.

No, however the

encroachment does

not contribute to

privacy or

overshadowing

impacts and is

considered

satisfactory.

Site Coverage Maximum site

coverage permitted

to the lot is 30%

(E4 Environmental

Living zone).

Proposed site

coverage is 54.59%

No, however the

proposed site

coverage is compatible

with the site coverage

on surrounding lots.

Solar Access At least 50% of the

required private

open space within

the subject property

and that on

adjoining properties,

is to receive direct

sunlight for a

minimum of 4 hours

between 9am and

3pm on 21 June.

The adjoining

property to the south

(8 Cromerty Place)

will not receive the

minimum solar access

requirement.

This property will

receive solar access

to a small portion of

the backyard between

9am and 11am on 21

June only.

No, however due to

the south-east

orientation of the

adjoining lot and the

topography of the site,

compliance is not

possible. The

additional shadow

impact created by the

proposed dwelling is

minor when compared

to the existing shadow

cast generated by the

boundary fence.

(i) Building Setbacks

The DCP requires battleaxe lots to provide setbacks to three sides of the lot of 4 metres

to single storey elements and 6 metres to two and three storey elements. The proposed

dwelling provides compliant setbacks to the east and west boundaries. The proposed

north boundary setback encroaches the 6 metre upper floor setback providing a

minimum setback of 4.2 metres (See Attachment 3).

The applicant has provided the following justification for the building setback variation:

The plans indicate that the setbacks are fully compliant except for a very small portion

of the north eastern corner of the dwelling building. This is insignificant given the

location of this corner on the site and its distance to the nearest dwelling to the north.

Comment:

The DCP provides the following objectives in relation to building setbacks:-


PAGE 39

(i) To provide setbacks that complements the streetscape and protects the privacy






The proposed development will result in a variation to the battleaxe setback

requirements providing a minimum 4.2 metre setback to a small portion of the first floor

adjoining the northern boundary. It is noted that the ground floor setback complies with

the DCP requirements.

The proposed variations do not contribute to privacy or solar access impacts on adjoining

lots. The proposed dwelling design provides articulation to the northern elevation which

results in high quality design to contribute to the surrounding amenity. The variations

are considered satisfactory as they result in negligible additional impacts to adjoining

properties.

The proposed setbacks are satisfactory in this instance and can be supported.

(ii) Site Coverage

The DCP permits maximum 30% site coverage for land zoned E4 Environmental Living.

The proposed development results in a site coverage of 54.59% which exceeds the

control by 24.59%.

The applicant has provided the following justification for the site coverage variation:

The recalculated site coverage calculation excluding the access handle is 54.59%. We

note that the maximum site coverage permitted in residential zones is 60% with the

exception of land zoned E4 Environmental Living and land identified in the Map Sheets

by pink shading, where the maximum site coverage is 30%.

We cannot see any reason or attributes of the site as to why it is zoned E4. It is most

likely that it is a result of the direct translation (like for like zones) from the former LEP

to the standard instrument LEP. Even so, the environmental quality of Old Northern

Road in this locality has been eroded over time and the site is more closely associated in

character and proximity with the R2 land.

The vacant site maintains no significant vegetation excluding some established gum trees

that line the access handle. The site is not affected by land slip, biodiversity, acid sulphate

soils or any other significant environmental affectation.

Significantly, the proposed site coverage is compliant with the site coverage required

for the surrounding R2 zone with which the site shares its characteristics.

It is reasonable and appropriate to allow flexibility to the site coverage control on a site

that that exhibits no significant environmental constraints and which is otherwise

surrounded by developed residential land.

Comment:

The DCP provides the following objectives in relation to site coverage:-


PAGE 40

(i) To maximise the provision of open space.

(ii) To avoid the creation of drainage and runoff problems, through minimising the

amount of impervious area in accordance with Council’s ESD Objective 3.

(iii) To minimise bulk and scale of development.

(iv) To facilitate spatial separation between buildings.

(v) To provide for adequate landscaped area.

(vi) Maintain the character of existing areas by retaining vegetation.

The lot has been zoned E4 Environmental Living to protect the view lines from Old

Northern Road towards the west. The proposed development is located on a battle axe

allotment that slopes away from Old Northern Road and will not significantly hinder the

existing view lines from Old Northern Road. Sites typically zoned E4 Environmental

Living generally contain ecological, scientific or aesthetic values. The subject site does

not contain any threatened or significant ecology. The proposed development requires

the removal of one tree only with the remaining five trees on the lot to be retained. It

also noted that the proposed landscaped area of 45.41% of the lot provides deep soil

areas to allow establishment of landscape planting.

The subject lot adjoins properties that are zoned R2 Low Density Residential which

permits a maximum site coverage of up to 60%. In addition, the subject lot is

comparable in land area to adjoining lots zoned E4 Environmental Living that contain

similar areas of site coverage. The proposed site coverage and building footprint is

considered comparable with the adjoining lots in both R2 and E4 zonings.

As detailed by the applicant above, the site contains no environmental constraints that

would require minimal development to the lot. As such, the proposed development and

site coverage variation is considered satisfactory as it continues to provide sufficient

open space and building separation whilst retaining the majority of the existing trees on

the lot.

(iii) Solar Access

The DCP requires at least 50% of the required private open space within the subject

property and on adjoining properties is to receive direct sunlight for a minimum of 4

hours between 9am and 3pm on 21 June. The subject lot and adjoining lots achieve this

requirement with the exception of the adjoining lot to the south known as No. 8

Cromerty Place. It is noted that No. 8 Cromerty Place is currently overshadowed by the

existing boundary fencing however the proposed dwelling will result in an increase to the

overshadowing of the adjoining lot.

The shadow diagrams below detail the existing shadow from the boundary fence and is

compared with the shadow created by the proposed dwelling.


PAGE 41

Existing Shadow 21 June 9am Proposed Shadow 21 June 9am

Existing Shadow 21 June 12 Noon Proposed Shadow 21 June 12 Noon

Existing Shadow 21 June 3pm Proposed Shadow 21 June 3pm


PAGE 42

The applicant has provided the following justification for the solar access variation:

No. 8 Crometry Place is erected on a significant downward slope running north to south

and the rear yard and rear private open space of that dwelling is some 6m below the

existing ground level along the common boundary with the subject site. It is also evident

that the dividing fence along contributes to a significant amount of shadow impact before

the proposed development of the subject site.

Shadow studies have now been carried out and are submitted which show:-

-The shadow impact of the existing dividing fence demonstrating existing non-

compliant solar access to the rear of 8 Cromerty Place during the winter solstice.

-The shadow impact from the proposed reduced dwelling design showing slightly

increased shadow impact.

Shadow impacts of the proposed dwelling were explored if it were moved to 1500mm

from the northern boundary. Importantly, these diagrams show that there is very little

tangible benefit to be gained from moving the building northwards. If the building

were to be moved northwards to improve the solar access to the neighbouring dwelling it

would actually reduce the solar access to the proposed dwelling. On balance this would

not be the most appropriate planning outcome. I consider the exercise illustrates that

the application as revised, minimises shadow impact as far as is practicable having

regard to the orientation of the subdivision, the topography of the land and the way

the neighbouring dwelling has been designed and constructed.

Comment:

The DCP provides the following objectives in relation to solar access:-

(i) To maximise solar access to internal living spaces within buildings and open space

areas in winter.

(ii) To ensure no adverse overshadowing of adjoining allotments/developments

including the principal area of open space.

(iii) To orient the development in a way that best allows for appropriate solar access

and shading, to ensure energy efficient outcomes in accordance with Council’s

ESD objective 5.

(iv) To minimise the need for artificial lighting in dwellings during the day, to ensure

energy efficient outcomes in accordance with Council’s ESD objective 5.

(v) To orientate dwellings so that the living areas face north.

The proposed dwelling has a 4.3m setback to the southern boundary which exceeds the

DCP requirement of 900mm. The proposal dwelling has a height of 8.914m which is

below the LEP height limit of 9m. The proposed design of the dwelling has incorporated a

maximum of 4.6m of cut to reduce the height and bulk of the dwelling.

The applicant submitted additional separate shadow diagrams for assessment which

considered the result of relocating the dwelling to have a 1.5m northern boundary

setback ie: a decrease from the 4.2m setback currently proposed. This resulted in a

continued solar access variation to No. 8 Cromerty Place in addition to further

overshadowing to the subject lot. Due to the solar access outcome for both properties,

the proposed dwelling has been maintained centrally within the subject lot.


PAGE 43

The proposed development has had regard to the planning principle adopted under The

Benevolent Society v Waverly Council [(2010) NSWLEC 1082] relating to access to

sunlight. Overshadowing arising out of poor design is not considered an issue for the

proposed development. The proposed development provides compliance with the design

controls relating to building height in addition to the building setbacks required for battle

axe allotments. The proposed dwelling design is cut in approximately 4.6m to reduce the

bulk and scale impact on surrounding properties. The principle also indicates there are

sites that are highly vulnerable to being overshadowed which is the case with the

adjoining lot to the south due to the topography of the land and the lot orientation with

respect to the northerly aspect.

While the applicant could consider an alternate design and provide a reduced building

platform or single storey dwelling design, the LEP height limit has been achieved. The

properties to the south are affected by steep level changes and are located below the

existing ground level of the existing lot. Due to the level changes, solar access can only

be maintained at current levels to No. 8 Cromerty Place by limiting development on the

subject lot. The photograph below shows the adjoining roofline of No. 8 Cromerty Place

in proximity to the height of the boundary fence to demonstrate the level changes. The

proposed dwelling utilises 4.6m of cut to the lower ground level to reduce the building

height where possible. As a result, the proposed development is considered satisfactory

as the development is compatible with development in the surrounding area.

Photo: South facing towards 8 Cromerty Place

Whilst the proposal reduces the solar access to the adjoining property, in this instance

the site topography, existing levels and existing fencing all contribute to the existing

solar access. The proposed dwelling will further reduce solar access, however on balance

this is considered satisfactory.


PAGE 44

3. Issues Raised in Submission

The proposal was notified to adjoining property owners and one submission was

received. The issues raised in the submission are summarised below.

ISSUE/OBJECTION COMMENT OUTCOME

The size and height of

the proposed dwelling

creates overshadowing to

adjoining lots.

The proposed dwelling has a maximum

building height of 8.914m and complies

with the LEP height limit of 9m.

The overshadowing created is in part

due to the orientation of the lot and the

natural topography of the land. The

design cannot effectively reduce

overshadowing to the adjoining lots

without being significantly restricted in

building height and size which is

considered to be unreasonable.

See comments in Section 2 above.

Issue addressed.

The size, height and

location of the proposed

dwelling results in

privacy impacts to

adjoining properties and

results in impacts to

lifestyles.

The original plans have been amended

to provide 3.5m high privacy screens to

balconies and terraces where

overlooking may occur. In addition

windows have been modified to

highlight or narrow windows to

minimise overlooking to adjoining lots.

Privacy impacts by the proposed

development have been assessed and

are considered satisfactory.

Issue addressed.

The height of the

proposed dwelling is not

compatible with the

existing surrounding

residential area.

The proposed three storey dwelling

includes a partially excavated lower

ground floor. The original plans have

been amended to lower the building

height. The proposed height is a

maximum 8.914m which is under the

LEP limit of 9m.

The proposed dwelling is considered

compatible with surrounding

development with regard to building

height.

Issue addressed.

BUILDING SURVEYOR’S COMMENTS

No objections are raised to the proposal subject to conditions.

ENGINEERING COMMENTS



PAGE 45

TREE MANAGEMENT COMMENTS


CONCLUSION

The proposed development has been assessed against the relevant heads of

consideration under Section 79C of the Environmental Planning and Assessment Act,

1979, The Hills Local Environmental Plan 2012 and Development Control Plan Part B

Section 2- Residential and is considered satisfactory.

The proposal includes variations to battle-axe allotment building setbacks, site coverage

and solar access which are considered to be reasonable in this instance. One submission

was received raising issues regarding building height, solar access, privacy, views and

amenity that have been addressed in the body of this report.

Approval is recommended subject to conditions.

IMPACTS

Financial

This matter has no direct financial impact upon Council's adopted budget or forward

estimates.


The proposed development is consistent with the planning principles, vision and

objectives outlined within “Hills 2026 – Looking Towards the Future” as the proposed

development provides for satisfactory urban growth without adverse environmental or

social amenity impacts and ensures a consistent built form is provided with respect to

the streetscape and general locality.

RECOMMENDATION

The Development Application be approved subject to the following conditions of consent.

GENERAL MATTERS

1. Development in Accordance with Submitted Plans (as amended)

The development being carried out in accordance with the approved plans and details

submitted to Council, as amended in red, stamped and returned with this consent.

The amendments in red require a 1.6m high privacy screen to the north side of the

gazebo walkway on the approved Site Plan and correct the Reduced Level to the Laundry

on the Lower Floor Plan to RL 177.40.


PAGE 46

REFERENCED PLANS AND DOCUMENTS

DRAWING NO. DESCRIPTION REVISION DATE

A00 Site Analysis, Site Plan, Landscape Plan,

Erosion Control Plan, Concept Drainage

Plan (as amended)

D 21/04/2015

A01 Lower Floor & Ground Floor Plans &

Sediment Control Details (as amended)

C 10/04/2015

A02 First Floor & Roof plans C 10/04/2015

A03 Elevations C 10/04/2015

A04 Sections & Pool Gazebo Elevations D 21/04/2015

- Schedule of Finishes (two pages) - -

No work (including excavation, land fill or earth reshaping) shall be undertaken prior to

the issue of the Construction Certificate, where a Construction Certificate is required.

2. Tree Removal

Approval is granted for the removal of one Eucalyptus pilularis located within proposed

driveway as shown on site plan prepared by MLR Architects dated 21/04/15.

All other trees are to remain and are to be protected during all works. Suitable

replacement trees are to be planted upon completion of construction.

3. Replacement Planting Requirements

To maintain the treed environment of the Shire one advanced (45 litres) replacement

trees from the following list are to be planted elsewhere within the property.

Syncarpia glomulifera Turpentine

Eucalyptus pilularis Blackbutt

4. External Finishes

External finishes and colours shall be in accordance with the details submitted with the

development application and approved with this consent.

5. Retention of Trees

All trees not specifically identified on the approved plans for removal are to be retained

with remedial work to be carried out in accordance with the Arborist report prepared by

Robert Polaris dated 16/04/15.

All Pool and gazebo construction within the Tree protection zone of the

neighbouring Celtis sinensis tree is to be constructed using concrete piering

method with a floating slab.

Any pruning to accommodate the height of proposed gazebo must be carried out

in accordance with AS4373-2007 by a minimum Level 3 Arborist.

6. Protection of Public Infrastructure

Council must be notified of any damage to public infrastructure caused by the

development. Adequate protection must be provided prior to work commencing and

maintained during building operations. Any damage caused must be made good, to the

satisfaction of Council, before an Occupation Certificate can be issued. Public

infrastructure includes the road pavement, kerb and gutter, concrete footpaths, drainage

structures, utilities and landscaping fronting the site.


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7. Gutter and Footpath Crossing Application

Each driveway requires the lodgement of a separate gutter and footpath crossing

application, accompanied by the applicable fee as per Council’s Schedule of Fees and

Charges.

8. Minor Engineering Works

The design and construction of the engineering works listed below must be provided for

in accordance with the following documents and requirements:

a) Council’s Design Guidelines Subdivisions/ Developments

b) Council’s Works Specifications Subdivisions/ Developments

Any variance from these documents requires separate approval from Council.

Works on existing public roads or any other land under the care and control of Council

must be approved and inspected by Council in accordance with the Roads Act 1993 or

the Local Government Act 1993. A separate minor engineering works application and

inspection fee is payable as per Council’s Schedule of Fees and Charges.

i. Driveway Requirements

The design, finish, gradient and location of all driveway crossings must comply with the

above documents and Council’s Driveway Specifications.

- The proposed driveways must be built to Council’s residential standard. Note that the

minimum width of the formed driveway required is 3.0m, and the maximum grade is

22%.

A separate driveway application fee is payable as per Council’s Schedule of Fees and

Charges.

ii. Disused Layback/ Driveway Removal

All disused laybacks and driveways must be removed and replaced with kerb and gutter

together with the restoration and turfing of the adjoining footpath verge area.

iii. Site Stormwater Drainage

The entire site area must be graded, collected and drained by pits and pipes to a suitable

point of legal discharge.

iv. Earthworks/ Site Regrading

Earthworks are limited to that shown on the approved plans. Where earthworks are not

shown on the approved plan the topsoil within lots must not be disturbed.

9. Construction Certificate

Prior to construction of the approved development, it is necessary to obtain a

Construction Certificate. A Construction Certificate may be issued by Council or an

Accredited Certifier. Plans submitted with the Construction Certificate are to be amended

to incorporate the conditions of the Development Consent.

10. Building Work to be in Accordance with BCA

All building work must be carried out in accordance with the provisions of the Building

Code of Australia.

11. Adherence to Waste Management Plan

All requirements of the Waste Management Plan submitted to and approved by Council

must be implemented during the construction and/ or demolition phases of the

development, as well as the ongoing management phase. The information submitted can

change provided that the same or a greater level of reuse and recycling is achieved as

detailed in the plan. Any material moved offsite is to be transported in accordance with

the requirements of the Protection of the Environment Operations Act 1997 and only to a

place that can lawfully be used as a waste facility. Receipts of all waste/ recycling tipping


PAGE 48

must be kept onsite at all times and produced in a legible form to any authorised officer

of the Council who asks to see them.

12. Management of Construction Waste

Waste materials must be appropriately stored and secured within a designated waste

area onsite at all times, prior to its reuse onsite or being sent offsite. This includes waste

materials such as paper and containers which must not litter the site or leave the site

onto neighbouring public or private property. A separate dedicated bin must be provided

onsite by the builder for the disposal of waste materials such as paper, containers and

food scraps generated by all workers. Building waste containers are not permitted to be

placed on public property at any time unless a separate application is approved by

Council to locate a building waste container in a public place. Any material moved offsite

is to be transported in accordance with the requirements of the Protection of the

Environment Operations Act 1997 and only to a place that can lawfully be used as a

waste facility. The separation and recycling of the following waste materials is required:

metals, timber, masonry products and clean waste plasterboard. This can be achieved by

source separation onsite, that is, a bin for metal waste, a bin for timber, a bin for bricks

and so on. Alternatively, mixed waste may be stored in one or more bins and sent to a

waste contractor or transfer/ sorting station that will sort the waste on their premises for

recycling. Receipts of all waste/ recycling tipping must be kept onsite at all times and

produced in a legible form to any authorised officer of the Council who asks to see them

13. Commencement of Domestic Waste Service

The property owner or agent acting for the owner must ensure to arrange the

commencement of a domestic waste service with Council. The service is to be arranged

no earlier than two days prior to occupancy and no later than two days after occupancy

of the development. All requirements of Council’s domestic collection service must be

complied with at all times. Please telephone Council on (02) 9843 0310 for the

commencement of waste services.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

14. Approved Plans to be Submitted to Sydney Water

The approved plans must be submitted to a Sydney Water Quick Check agent to

determine whether the development will affect any Sydney Water wastewater and water

mains, stormwater drains and/or easement, and if any requirements need to be met.

Plans will be appropriately stamped.

Please refer to the web site www.sydneywater.com.au for:

Quick Check agents details – See building and Developing then Quick Check

and

Guidelines for Building Over/Adjacent to /Sydney Water Assets – see Building and

Developing then Building and Renovating.

or telephone 13 20 92.

15. Section 94A Contribution

Pursuant to section 80A (1) of the Environmental Planning and Assessment Act 1979,

and The Hills Section 94A Contributions Plan, a contribution of $11,815.10 shall be paid

to Council. This amount is to be adjusted at the time of the actual payment in

accordance with the provisions of the Hills Section 94A Contributions Plan.

The contribution is to be paid prior to the issue of the Construction Certificate or

Complying Development Certificate.


PAGE 49

You are advised that the maximum percentage of the levy for development under

section 94A of the Act having a proposed construction cost is within the range specified

in the table below;

Proposed cost of the development Maximum percentage of the levy

Up to $100,000 Nil

$100,001 - $200,000 0.5 %

More than $200,000 1%

PRIOR TO WORK COMMENCING ON THE SITE

16. Tree Protection Fencing

Prior to any works commencing on site Tree Protection Fencing must be in place around

trees or groups of trees nominated for retention. In order of precedence the location of

fencing shall be a) As per Tree Protection Plan as per Arborist report for project or b)

Tree Protection Zone (TPZ) as calculated under AS4970 (2009) Protection of trees on

development sites c) A minimum of 3m radius from trunk.

The erection of a minimum 1.8m chain-wire fence to delineate the TPZ is to stop the

following occurring:

Stockpiling of materials within TPZ;

Placement of fill within TPZ;

Parking of vehicles within the TPZ;

Compaction of soil within the TPZ;

Cement washout and other chemical or fuel contaminants within TPZ; and

Damage to tree crown.

17. Tree Protection Signage

Prior to any works commencing on site a Tree Protection Zone sign must be attached to

the Tree Protection Fencing stating “Tree Protection Zone No Access” (The lettering size

on the sign shall comply with AS1319). Access to this area can only be authorised by the

project arborist or site manager.

18. Mulching within Tree Protection Zone

Prior to any works commencing on site all areas within the Tree Protection Zone are to

be mulched with composted leaf mulch to a depth of 100mm.

19. Trenching within Tree Protection Zone

Any trenching for installation of drainage, sewerage, irrigation or any other services

within the Tree Protection Zone of trees identified for retention is to be under the

supervision of the project arborist.

Certification of supervision must be provided to the Certifying Authority within 14 days of

completion of trenching works.

20. Management of Building Sites – Builder’s Details

The erection of suitable fencing or other measures to restrict public access to the site

and building works, materials or equipment when the building work is not in progress or

the site is otherwise unoccupied.

The erection of a sign, in a prominent position, stating that unauthorised entry to the

site is not permitted and giving an after hours contact name and telephone number. In

the case of a privately certified development, the name and contact number of the

Principal Certifying Authority.


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21. Consultation with Service Authorities

Applicants are advised to consult with Telstra, NBN Co and Australia Post regarding the

installation of telephone conduits, broadband connections and letterboxes as required.

Unimpeded access must be available to the electricity supply authority, during and after

building, to the electricity meters and metering equipment.

The building plans must be submitted to the appropriate Sydney Water office to

determine whether the development will affect Sydney Water’s sewer and water mains,

stormwater drains and/or easements. If the development complies with Sydney Water’s

requirements, the building plans will be stamped indicating that no further requirements

are necessary.

22. Principal Certifying Authority

A sign is to be erected in accordance with Clause 98 A (2) of the Environmental Planning

and Assessment Regulations 2000.

23. Approved Temporary Closet

An approved temporary closet connected to the sewers of Sydney Water, or alternatively

an approved chemical closet is to be provided on the land, prior to building operations

being commenced.

24. Erosion and Sedimentation Controls

Erosion and sedimentation controls shall be in place prior to the commencement of site

works; and maintained throughout construction activities until the site is landscaped

and/or suitably revegetated. The controls shall be in accordance with the details

approved by Council and/or as directed by Council Officers. These requirements shall be

in accordance with Managing Urban Stormwater – Soils and Construction produced by

the NSW Department of Housing (Blue Book).

25. Stabilised Access Point

A stabilised all weather access point is to be provided prior to commencement of site

works, and maintained throughout construction activities until the site is stabilised. The

controls shall be in accordance with the requirements with the details approved by

Council and/or as directed by Council Officers. These requirements shall be in

accordance with Managing Urban Stormwater – Soils and Construction produced by the

NSW Department of Housing (Blue Book).

26. Builder and PCA Details Required

Notification in writing of the builder’s name, address, telephone and fax numbers to be

submitted to the Principal Certifying Authority prior to work commencing.

Two days before work commences, Council shall be notified of the Principal Certifying

Authority in accordance with the Regulations.

DURING CONSTRUCTION

27. Project Arborist

The Project Arborist must be on site to supervise any works in the vicinity of or within

the Tree Protection Zone (TPZ) of any trees required to be retained on the site or any

adjacent sites.

Supervision of the works shall be certified by the Project Arborist and a copy of such

certification shall be submitted to the Private Certifying Authority within 14 days of

completion of the works.

28. Hours of Work

Work on the project to be limited to the following hours: -


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Monday to Saturday - 7.00am to 5.00pm;

No work to be carried out on Sunday or Public Holidays.

The builder/contractor shall be responsible to instruct and control sub-contractors

regarding the hours of work. Council will exercise its powers under the Protection of the

Environment Operations Act, in the event that the building operations cause noise to

emanate from the property on Sunday or Public Holidays or otherwise than between the

hours detailed above.

29. Filtration Motor

The swimming pool filter and pump shall be fully enclosed in a purpose built acoustic

enclosure to attenuate noise emitted by the swimming pool equipment. The acoustic

enclosure shall reduce the sound pressure level of the swimming pool filter and pump

equipment to a level not greater than 5dB (A) above the background noise level in

accordance with Protection of the Environmental Operations Act 1997.

30. Roof Water Drainage

Gutter and downpipes to be provided and connected to an approved drainage system

upon installation of the roof covering.

31. Survey Report

Survey Certificate to be submitted to the Principal Certifying Authority at footings and/or

formwork stage. The certificate shall indicate the location of the building in relation to all

boundaries, and shall confirm the floor level prior to any work proceeding on the

building.

32. Pool Discharge Water

Discharge and/or overflow pipe from the swimming pool and filtration unit to be

connected to the sewer where available.

All backwash water from the filtration unit is to be similarly disposed, or alternatively,

must be piped to an absorption trench.

The pool excavations not to conflict with the position of household drainage trenches or

lines, the position of which must be ascertained before pool excavation commences.

33. Pool not to be Filled Until Occupation

The pool is not to be filled with water until the dwelling is occupied.

34. Compliance with BASIX Certificate

Under clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a

condition of this Development Consent that all commitments listed in BASIX Certificate

No. 600859S_03 for the principle dwelling and BASIX Certificate No. 600871S_02 for the

secondary dwelling be complied with. Any subsequent version of this BASIX Certificate

will supersede all previous versions of the certificate.

A Section 96 Application may be required should the subsequent version of this BASIX

Certificate necessitate design changes to the development. However, a Section 96

Application will be required for a BASIX Certificate with a new number.

35. Compliance with Critical Stage Inspections and Other Inspections

Nominated by the Principal Certifying Authority

Section 109E(d) of the Act requires certain specific inspections (prescribed by Clause

162A of the Regulations) and known as “Critical Stage Inspections” to be carried out for

building work. Prior to permitting commencement of the work, your Principal Certifying

Authority is required to give notice of these inspections pursuant to Clause 103A of the

Regulations.

N.B. An Occupation Certificate cannot be issued and the building may not be able to be

used or occupied where any mandatory critical stage inspections or other inspections

required by the Principal Certifying Authority are not carried out.


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Where Council is nominated as Principal Certifying Authority, notification of all

inspections required is provided with the Construction Certificate approval.

NOTE: You are advised that inspections may only be carried out by the PCA

unless by prior agreement of the PCA and subject to that person being an

accredited certifier.

36. Temporary Fencing of Pools

On excavation and prior to installation of the pool shell or placement of the steel re-

enforcement, a fence is to be provided around the pool excavation, so as to isolate and

prevent access to it.

The fence provided is to be 1.8m high and to no less a standard than correctly joined

and secured, temporary fence panels or chainmesh. The fence is to remain in place until

the site (dwelling) has been approved for occupation.

37. Swimming Pool Safety Fencing

All pools and safety barriers are to comply with the Swimming Pools Act 1992, the

Swimming Pools Regulation 2008 and Australian Standard 1926.1-2012. A fact sheet

titled Swimming Pool Fencing Requirements is available from www.thehills.nsw.gov.au.

38. Resuscitation Warning Notice

In accordance with the Swimming Pools Regulation 2008, a Warning Notice is to be

displayed in a prominent position, in the immediate vicinity of the swimming pool. The

notice is to contain a diagrammatic flow chart of resuscitation techniques, the words:

(i) "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL",

and

(ii) "POOL GATES MUST BE KEPT CLOSED AT ALL TIMES", and

(iii) "KEEP ARTICLES, OBJECTS AND STRUCTURES AT LEAST 900 MILLIMETRES CLEAR

OF THE POOL FENCE AT ALL TIMES",

and all other details required by the Regulation.

39. Landscaping Works

Landscaping works, associated plantings and the construction of any retaining walls are

to be undertaken generally in accordance with the approved plans.

40. Dust Control

The emission of dust must be controlled to minimise nuisance to the occupants of the

surrounding premises. In the absence of any alternative measures, the following

measures must be taken to control the emission of dust:

Dust screens must be erected around the perimeter of the site and be kept in good

repair for the duration of the construction work;

All dusty surfaces must be wet down and suppressed by means of a fine water

spray. Water used for dust suppression must not cause water pollution; and

All stockpiles of materials that are likely to generate dust must be kept damp of

covered.

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE

41. Registration of Swimming Pool/Spa

Prior to issue of an Occupation Certificate the swimming pool/spa is to be registered on

the NSW state register of swimming pools and spas. To register the swimming pool/spa

you are to log onto www.swimmingpoolregister.nsw.gov.au and follow the prompts. A

copy of the registration certificate is to be submitted to the PCA to confirm the

registration.


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42. Completion of Engineering Works

An Occupation Certificate must not be issued prior to the completion of all engineering

works covered by this consent, in accordance with this consent.

43. Retaining Walls

All retaining walls shown on the approved plans shall be completed prior to the issue of a

Final Occupation Certificate.

THE USE OF THE SITE

44. Maintenance of Landscaping Works

The landscaping works, associated plantings and construction of retaining walls are to be

effectively maintained at all times and throughout the life of the development.

ATTACHMENTS

1. Locality Plan


3. Site Plan

4. Elevations

5. Shadow Diagrams

6. Zoning Map


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ATTACHMENT 3 – SITE PLAN


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ATTACHMENT 4 – ELEVATIONS

Existing Ground Level



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ATTACHMENT 4 – ELEVATIONS




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ATTACHMENT 5 – SHADOW DIAGRAMS


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ATTACHMENT 5 – SHADOW DIAGRAMS


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ATTACHMENT 6 – ZONING MAP

Development Assessment Unit · 2020. 3. 11. · DEVELOPMENT ASSESSMENT UNIT MEETING 26 MAY, 2015...

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Transcript of Development Assessment Unit · 2020. 3. 11. · DEVELOPMENT ASSESSMENT UNIT MEETING 26 MAY, 2015...