Development Assessment Unit · Function Centres, Pubs, Registered Clubs and Restaurant shall have a...

Development Assessment

Unit

Tuesday, 16 June 2015

THE H

ILLS S

HIR

E C

OU

NC

IL

DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA NO. 888/2015/HA - A CHANGE OF USE FOR

THE PURPOSES OF A CHILDCARE CENTRE (105

PLACES) - LOT 1016 DP 1063033 - 3 COLUMBIA

COURT, BAULKHAM HILLS

6


PAGE 3

MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE

HILLS SHIRE COUNCIL ON TUESDAY 9 JUNE 2015

PRESENT

Cameron McKenzie Group Manager – Environment & Planning (Chair)

Paul Osborne Manager – Development Assessment

Andrew Brooks Manager – Subdivision & Development Certification

Mark Colburt Manager – Environment & Health

Craig Woods Manager – Regulatory Services

Jim Davies Principal Forward Planner

Kristine McKenzie Principal Executive Planner

APOLOGIES

Stewart Seale Manager – Forward Planning

TIME OF COMMENCEMENT

8:30am

TIME OF COMPLETION

8:39am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 2 June

2015 be confirmed.

ITEM-2 DA NO. 912/2015/HA - PROPOSED OUTDOOR

SEATING FOR 48 PATRONS FOR EXISTING

RESTAURANT AND ALTERATIONS TO EXISTING

PARKING - COMMON PROPERTY SP 48562 - 'THE

VILLAGE GREEN', NO. 22-24 KENTHURST ROAD,

DURAL

RESOLUTION

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

exception of the following amendments:

Amend condition No. 28 to include 96 patrons plus 8 staff – total 104 maximum

capacity of the venue.

28. Maximum Capacity Signage to be Displayed in the Premises

With effect from 26 January 2010, it is a Prescribed Condition under Clause 98D of the

Environmental Planning and Assessment Regulation 2000 that Entertainment Venues,

Function Centres, Pubs, Registered Clubs and Restaurant shall have a Maximum Capacity

Signage on display. The following signage is ready for use and shall be displayed in a

prominent position in the building:


PAGE 4

Delete Condition No. 30

Amend Condition No. 32 to read;

32. Hours of Operation and Maximum Number of Patrons

The hours of operation and the maximum number of patrons for the restaurant and

outdoor seating area (combined) are restricted to:

48 patrons between the hours of 12pm and 6pm, 7 days per week; and

96 patrons between the hours of 6pm and 10pm, 7 days per week.

The maximum patron capacity for the outdoor seating area is limited to 48

patrons at any time.

The outdoor seating area is to be vacated by patrons and staff by 10:00pm each

night.

Any alteration to the above patron numbers or hours of operation will require the further

approval of Council.

Delete Condition No. 37.


PAGE 5

ITEM-3 DA NO. 1074/2010/HC - ENVIRONMENTALLY

INTEGRATED HOUSING AND SUBDIVISION - LOT 7

DP 270109 THE GLADE, WEST PENNANT HILLS

RESOLUTION

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

exception that condition Nos. 52 and 88 be amended as follows:

52. Private Infrastructure Inventory Report within The Glade Estate – Pre

Construction

Prior to work commencing, an infrastructure inventory report must be prepared and

submitted to the Community Association DP 270109 recording the condition of all

Community Association property, including private roads within The Glade Community

Estate. This includes any access routes to be used by construction and delivery vehicles

associated with this development. If uncertainty exists with respect to the necessary

scope of this report, it must be clarified with Community Association before works

commence.

88. Private Infrastructure Inventory Report within The Glade Estate - Post

Construction

Before an Occupation Certificate is issued, an updated infrastructure inventory report

recording the condition of all Community Association property, including all private roads

within The Glade Estate must be prepared and submitted to the Community Association

DP 270109. The updated report must identify any damage to Community Association

property and the means of rectification to the satisfaction of the Community Association

DP 270109.

END MINUTES


PAGE 6

ITEM-2 DA NO. 888/2015/HA - A CHANGE OF USE FOR THE

PURPOSES OF A CHILDCARE CENTRE (105 PLACES)

- LOT 1016 DP 1063033 - 3 COLUMBIA COURT,

BAULKHAM HILLS

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: 16 JUNE 2015

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: DEVELOPMENT ASSESSMENT CO-ORDINATOR

JAMES MCBRIDE

RESPONSIBLE OFFICER: MANAGER DEVELOPMENT ASSESSMENT

PAUL OSBORNE

EXECUTIVE SUMMARY

The Development Application is for the occupation and fit-out of a vacant office premises

for the purposes of a child care centre with an associated administration office. The

proposed child care centre will accommodate a maximum of 105 children (0-5 years of

age) and 17 staff members.

The proposal includes the removal of 15 at-grade car parking spaces adjacent to Building

C and the removal of the existing glazing of the façade of the building to form an

outdoor play area. Given that the outdoor play area is immediately located adjacent to

an internal access way, traffic safety measures such as bollards of suitable strength and

spaced at adequate intervals will be incorporated into the design to minimise the risk of

errant vehicles colliding into the outdoor play area from the internal access way.

The outdoor play area (282m2) technically increases gross floor area and the proposal

seeks a variation to Clause 4.4 of the Hills Local Environmental Plan 2012 which permits

a maximum Floor Space Ratio (FSR) of 1:1 for the subject site. The proposal will produce

an FSR of 1.029:1 for the site which represents a variation of 2.9% to the development

standard. The applicant has provided a written request seeking a Clause 4.6 variation to

the development standard. The variation is addressed in the body of the report and is

considered to be satisfactory as the additional gross floor area does not contribute to

additional bulk and scale.

The proposal seeks a variation to DCP 2012 Part B Section 6 – Business, Appendix E –

Child Care Centres with respect to car parking. The base parking provision approved with

the parent building was provided at a rate of 1 space per 25 square metres of gross floor

area. In this regard, the ground floor level of Building C comprises a gross floor area of

1,215m2 thereby resulting in the allocation of 49 car parking spaces. The DCP requires

43 car parking spaces which results in a surplus of 6 car parking spaces. However given

that the proposal will result in the removal of 15 at-grade car parking spaces, the use

creates a deficit of 9 spaces. However this needs to be considered in the context of the


PAGE 7

282 car spaces available on site on the B2 basement level for shared use. The variation

is addressed in the body of the report and is considered to be satisfactory given the

operational nature of the child care centre.

It is noted that signage does not form part of the subject Development Application

however consideration of future signage will be considered in a future Development

Application and a condition of consent is recommended to be imposed to reflect this

requirement.

The Development Application was notified to adjoining property owners for a period of

14 days. In response, one submission was received objecting to the application and

raising concerns with respect to parking, traffic, noise and pollution. These concerns

have been considered in the report and do not warrant further amendment or refusal of

the application.

As Council is the owner of Lot 1016 DP 1063033, 3 Columbia Court Baulkham Hills, an

independent town planning peer review of the application has been undertaken. The peer

review concluded that the judgement and conclusions reached in this report are

reasonably made and the conditions to be imposed reasonable. It was recommended

that a condition of consent pertaining to compliance with the NSW Children (Education

and Care Services) Supplementary Provisions Regulation 2012 be applied to any consent

granted. Such a condition is recommended.

The proposal is considered acceptable and approval is recommended.

BACKGROUND MANDATORY REQUIREMENTS

Applicant: Young Scholars Pre

School Pty Ltd

1. The Hills Local Environmental Plan

2012 – Permissible with consent.

2. The Hills Development Control Plan

2012 – Variations proposed.

3. Section 79C (EPA Act) – Satisfactory

4. Section 94 Contribution – $6,030.00

Owner: The Hills Shire Council

Zoning: B7 Business Park

Area: 1.678 ha

Existing

Development:

The Hills Shire Council

Administration

Building and future

Medical Centre

SUBMISSIONS REASONS FOR REFERRAL TO DAU

1. Exhibition: Yes, 14 days

1. Submission received.

2. Notice Adj

Owners:

Yes, 14 days

3. Number

Advised:

105

2. Variation to DCP.

4. Submissions

Received:

One submission

received.

POLITICAL DONATION – None disclosed.


PAGE 8

HISTORY

02/12/2014

Pre-lodgement meeting held (99/2015/PRE)

08/01/2015 Subject application was lodged.

18/02/2015 The applicant was requested to provide additional information in

relation to planning and health matters. The planning matters

related to the quality of the outdoor play area, traffic safety and

car parking. The health matters related to the assumptions of the

acoustic assessment and the kitchen fit-out.

22/04/2015 The applicant provided additional information to address planning

and health matters.

30/04/2015

The applicant was requested to provide additional information

relating to the Health Hazard Assessment.

01/05/2015 The applicant submits revised Health Hazard Assessment with

respect to traffic safety.

29/05/2015 Independent Peer Review received.

02/06/2015 The applicant was requested to submit a Clause 4.6 Variation to

the development standard for floor space ratio.

04/06/2015 The applicant submits a Clause 4.6 Variation.

THE PROPOSAL

The Development Application is for the occupation and fit-out of a vacant office premises

for the purposes of a child care centre with an associated administration office. The

proposed child care centre will accommodate a maximum of 105 children (0-5 years of

age) and 17 staff members.

The proposed hours of operation are 7:00am to 6:00pm Monday to Friday. A maximum

of 17 staff will be employed at the premises. A total of 105 children will be

accommodated in five playrooms at the centre comprising of the following:

Age Number of Places

0-2 31

2-3 31

3-5 43

Total 105

The proposal includes internal works to create a cot room, toilet facilities, laundry, staff

room, food preparation areas and internal play areas. The proposal will also involve an

administration office comprising an area of 70m2. A learning space with an area of

125m2 is proposed adjacent to the indoor play area and office. It is noted that a

condition of consent is recommended to ensure that a separate application is lodged

should the learning space be used for an administration office.


PAGE 9



outdoor play area. A portion of the internal gross floor area will also be converted to an

outdoor play area. The surface of the outdoor play area will comprise of permeable

artificial soft fall turf and mounds. Additionally, sand pits, garden beds, chalkboards and

musical instruments will feature within the outdoor play area to promote the

development of motor skills. The outdoor play area will be enclosed by a glazed fence

with a height of 1.8 metres. The fence will be finished in a patterned motif screen with

planter boxes being located in front of the fence.

Given that the outdoor play area is immediately located adjacent to an internal access

way, traffic safety measures such as bollards of suitable strength and spaced at

adequate intervals will be incorporated into the design to minimise the risk of errant

vehicles colliding into the outdoor play area from the internal access way. A walkway

with a width of 1 metre is also proposed between the bollards and the fence of the

outdoor play area to accommodate pedestrian movements from the proposed set-down

and collection areas.

The set-down and collection area is proposed in two locations at-grade to the entry point

of the proposed child care centre. The first location of the set-down and collection area is

proposed to the northern boundary and will comprise an area of 11 car spaces. The

second location of the set-down and collection area is proposed adjacent to Building C

and will comprise an area of 6 car spaces.

It is noted that 17 car parking spaces are allocated at-grade with 17 car parking spaces

provided in the access controlled B1 level basement car park for staff. The proposed use

will also have access to a shared allocation of car parking located within the B2 level

basement.

Vehicle access to the site will be from a combined entry and exit point to Columbia

Court.

ISSUES FOR CONSIDERATION

1. Statutory Consideration

(i) The Hills Local Environmental Plan 2012

The subject site is zoned B7 Business Park pursuant to The Hills Local Environmental

Plan 2012 (LEP).

The proposed development is consistent with the definition of a ‘child care centre’ and is

permissible with consent under the B7 Business Park zone.

The objectives of the B7 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.


PAGE 10

The proposed use as a child care centre is considered to provide a service that will

accommodate the day to day needs of workers in the area. The proposal is considered to

be acceptable with regard to the objectives of the B7 zone.

The proposed use is defined as a ‘child care centre’ as follows:

child care centre means a building or place used for the supervision and care of

children that:

(a) provides long day care, pre-school care, occasional child care or out-of-school-

hours care, and

(b) does not provide overnight accommodation for children other than those related

to the owner or operator of the centre,

but does not include:

(c) a building or place used for home-based child care, or

(d) an out-of-home care service provided by an agency or organisation accredited by

the Children’s Guardian, or

(e) a baby-sitting, playgroup or child-minding service that is organised informally by

the parents of the children concerned, or

(f) a service provided for fewer than 5 children (disregarding any children who are

related to the person providing the service) at the premises at which at least one

of the children resides, being a service that is not advertised, or

(g) a regular child-minding service that is provided in connection with a recreational

or commercial facility (such as a gymnasium), by or on behalf of the person

conducting the facility, to care for children while the children’s parents are using

the facility, or

(h) a service that is concerned primarily with the provision of:

(i) lessons or coaching in, or providing for participation in, a cultural, recreational,

religious or sporting activity, or

(ii) private tutoring, or

(i) a school, or

(j) a service provided at exempt premises (within the meaning of Chapter 12 of the

Children and Young Persons (Care and Protection) Act 1998), such as hospitals,

but only if the service is established, registered or licensed as part of the

institution operating on those premises.

Clause 4.4 provides that a floor space ratio for a building on any land is not to exceed

the floor space ratio shown for the land on the floor space ratio map. The floor space

ratio is 1:1 for the subject site. The proposal will result in the removal of the existing at-

grade car spaces directly adjacent to Building C for the purposes of an outdoor play

area. Accordingly, given that the fence treatment will involve an enclosed glazed fence to

a height of 1.8 metres, the outdoor play area will be defined as gross floor area in

accordance with the definition of gross floor area under LEP 2012. The proposal will

result in an increase of 282 square metres. The building was approved with a gross floor

area of 16,995m2 representing an FSR of 1.012:1. The subject application seeks to

increase the GFA by 282m2 (total 17,277m2). This equates to an FSR of 1.029:1 and

resulting in a variation of 2.9%.

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1998%20AND%20no%3D157&nohits=y


PAGE 11

The applicant has provided the following written request seeking a Clause 4.6 variation

to the development standard for floor space ratio:

The development is to utilise existing space within an existing commercial suite

and at-grade car parking spaces that resides within the Norwest Business Park to

operate a child care centre that will provide valuable child care services to

workers within the business park;

The proposal is consistent with the desired future character of the locality noting

the controls contained within the HLEP 2013 and associated HDCP 2013, noting

that the objectives of the B7 Business Park Zone permits with Council consent

other land uses including child care centre that provide facilities or services to

meet the day to day needs of workers in the area.;

The additional floor space is a result of a technical interpretation of the calculation

of the gross floor area, which includes enclosed glazed fencing around at-grade

car parking space that is to be converted into outdoor play area as countable floor

space. The incorporation of glazed fence treatment will not result in an increase in

the bulk, mass and scale of the existing building nor will it have an impact to the

existing built form.

The development proposal presents a suitable density on the site noting that

there is no additional increase in the building footprint of the existing building and

car parking area. This indicates that the density of the proposal is appropriate for

the development site;

The minor non-compliance does not fundamentally change the presentation of the

existing development to the street, with the subject commercial suite going to

continue to present a quality built form on the site that is compatible with the

character of the locality;

No changes to the height or setback of the existing building, ensuring that the

privacy enjoyed by neighbouring properties is maintained; and

The additional floor area does not result in additional variations to planning

controls in terms of setbacks, parking requirements, and any other matters.

Comment:

The objectives of Clause 4.4 Floor Space Ratio of the LEP are:

(a) To ensure development is compatible with the bulk, scale and character of

existing and future surrounding development.

(b) To provide for a built form that is compatible with the role of town and major

centres.

The objectives of Clause 4.6 of the LEP are:

(a) to provide an appropriate degree of flexibility in applying certain development

standards to particular development,

(b) to achieve better outcomes for and from development by allowing flexibility in

particular circumstances.


PAGE 12

Clause 4.6(3) of LEP 2012 states:

Development consent must not be granted for development that contravenes a

development standard unless the consent authority has considered a written request

from the applicant that seeks to justify the contravention of the development standard

by demonstrating:

(a) that compliance with the development standard is unreasonable or unnecessary

in the circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening

the development standard.

Clause 4.6(4) of LEP 2012 states:

Development consent must not be granted for development that contravenes a

development standard unless:

(a) The consent authority is satisfied that:

(i) The applicant has adequately addressed the matters required to be demonstrated by

subclause (3)

Comment: The applicant has adequately addressed the matters required to be

demonstrated by subclause (3).

(ii) The proposed development will be in the public interest because it is consistent with

the objectives of the particular standard and the objectives for development within the

zone in which development is proposed to be carried out, and

Comment: The proposed development comprises a floor space ratio of 1.029:1 which

exceeds the development standard of 1:1 by 2.9%. The non-compliance in this instance

will arise from the enclosure of the existing at-grade car spaces adjacent to Building C.

The objective of Clause 4.4 ‘Floor Space Ratio’ is to ensure that development is

compatible with the bulk, scale and character of existing and future surrounding

development. Additionally, the floor space ratio development standard aims to restrict

the amount of gross floor area and should be considered in conjunction with controls

relating to the building envelope. It is noted that the proposal will not result in any

changes to existing boundary setbacks nor will it result in an increase to the existing

building height. Moreover, the proposed outdoor play area will not excessively contribute

to the bulk and scale of the building and will not be visible from the street.

The applicant has adequately demonstrated that the proposed development is in the

public interest and is consistent with the objectives of Clause 4.4 ‘Floor Space Ratio’ and

the B7 Business Park Zone. In this regard, the variation to floor space ratio will not

create a building of excessive height, bulk or scale nor will it cause undue impacts upon

the amenity of adjoining properties. A variation to the floor space ratio in this instance is

considered to be satisfactory given that the application of the development standard in

this instance is considered to be both unreasonable and unnecessary. In this regard, the

variation can be supported.

The proposed development is considered to be satisfactory with respect to the relevant

provisions of the LEP.


PAGE 13

(ii) The Hills Development Control Plan 2012

The proposal has been assessed against the relevant standards in DCP 2012. The

proposed development is generally consistent with the relevant controls and objectives

of the DCP with the exception of variations to car parking and landscaping treatment.

The following table identifies the proposal’s non-compliance with these controls:

CLAUSE DCP

STANDARD

REQUIRED PROPOSED

COMPLIANCE

E2.12

Vehicular

Access and

Parking

Parking is to be

provided in accordance

with Part C Section 1-

Parking.

Parking is to be

provided for parents

with prams and for

people with a

disability, in

accordance with the

requirements of Part C

Section 1- Parking.

A minimum of one

additional parking

space is to be provided

for the dwelling

component of the

development (if

applicable).

Required: 1 space

per employee plus

1 space per 6

children enrolled.

Provided: 17

spaces at-grade

and 17 spaces in

the B1 basement

level which is

access restricted

and is proposed to

accommodate the

17 employees of

the child care

centre.

No – variation

proposed as

detailed later

in this report.

a) Car Parking

The proposal seeks a variation to DCP 2012 Part B Section 6 – Business, Appendix E –

Child Care Centres with respect to the car parking provision contained within DCP Part C

Section 1 – Car Parking. The DCP requires 1 space per employee plus 1 space per 6

children enrolled. In this regard, the child care centre would require 35 car parking

spaces with the office component requiring 8 car parking spaces. In total, 43 car parking

spaces are required.

The base parking provision approved with the parent building was provided at a rate of 1

space per 25 square metres of gross floor area. In this regard, the ground floor level of

Building C comprises a gross floor area of 1,215m2 thereby resulting in the allocation of

49 car parking spaces. The DCP requires 43 car parking spaces which results in a surplus

of 6 car parking spaces. However given that the proposal will result in the removal of 15

at-grade car parking spaces, access to car parking will reduce result in a deficit of 9

spaces.

It is noted that 17 car parking spaces are allocated at-grade with 17 car parking spaces

provided in the access controlled B1 level basement car park for staff. Access to a shared

allocation of parking within the B2 level basement is also provided.

Clause E2.12 of the DCP is based on the following objectives:


PAGE 14

(i) To ensure that the parking demand generated by the development is

accommodated on site.

(ii) To ensure that the development considers the design of parking for

disabled persons and parents with prams.

The applicant has submitted a Parking Assessment Report prepared by Cardno. The

following is a summation of the conclusions of the report which forms the justification to

vary the provision of car parking:

The construction of outdoor playground areas to satisfy the regulatory minimum

requirements. This will reduce the number of parking spaces to which the site has

access.

Based on the preceding sections, it is concluded that:

> Based on statutory minimum rates for office land use, the subject tenancy has

a requirement to provide around 49 spaces of the overall development provision;

> The use of the tenancy as a Childcare Centre will generate a lower parking

demand that if it were used as an office. Therefore, a reduction in parking spaces

provided at the overall development can be supported;

> The change of land use from ‘Office’ to ‘Childcare Centre’ will reduce that

minimum statutory requirement to 43 spaces;

> The car parking demand assessment suggests the proposal will generate a

parking demand in the order of 32 car parking spaces;

> The Childcare Centre should manage parking demands so that full-time

employees that are present throughout the day park in the spaces allocated to

the tenancy within the basement level;

The provision of fifteen (15) at-grade spaces near the main pedestrian entrance

should accommodate set down and collection vehicular activity, and provide

additional capacity for staff parking demand throughout the middle of the day.

Comment:

The proposed child care centre will have access to the following car spaces located within

the subject site:

- 17 at-grade car spaces to be used by parents/guardians for set-down and collection.

- 17 spaces within the B1 level basement. Vehicular access to this level is restricted

and it is proposed that these spaces be utilised by the 17 employees of the child care

centre.

- Access to a shared parking provision of 282 spaces on the B2 Level basement.

It is also noted that the Hills Shire Council occupies the Ground floor, Level 1 and Level 2

of Building B in addition to the ground floor and Level 1 of Building C. A medical centre

has recently been approved to occupy Levels 2 and 3 within building C. Level 3 of

Building B is currently vacant.


PAGE 15

The Development Application was accompanied with a Parking Assessment prepared by

Cardno. The report provides a Car Parking Demand Assessment of comparable child care

facilities. The report highlights that the proposed parking rate required by the DCP would

be in the order of 0.33 spaces per child. Recorded case data is provided within the report

that demonstrates that a comparable child care centre accommodating a similar capacity

generates a peak parking demand of 0.15 spaces per child during set-down periods and

0.125 spaces per child during collection periods. This includes both staff and parents.

The case data indicates that during AM and PM peak periods, set-down and collection

occur at different times. The Parking Assessment therefore recommends that the number

of parking spaces should be reflective of the peak set-down and collection time as

opposed to the specified DCP rate.

On this basis, conservatively adopting the highest value recorded in the case data, the

proposed child care centre could be expected to generate a peak parking demand of 16

spaces during peak set-down and collection periods based on 105 children. This equates

to a rate of 0.15 spaces per child instead of the DCP requirement of 0.33 spaces per

child.

Furthermore, the report considers the implications of the reforms to the NSW Child Care

regulations which are due to come into effect in December 2015. Under the reforms, the

staff requirement for the proposed operation would increase from 17 staff members to

20 staff members. The report indicates the following:

It is common for staff members of Childcare Centres to arrive to the site in a

staggered fashion, with the maximum number of staff on-site occurring during the

middle of the day when children in attendance is at its peak. As a result, staff

parking demand gradually increases throughout the morning set-down period,

plateaus throughout the middle of the day and decreases as children are collected

from the site.

Peak set-down and collection parking demands typically occur either side of peak

staff parking demand, allowing for the shared use of the Childcare Centre parking

provision. Due to this temporal displacement, the total Childcare car parking

provision needs only be marginally higher than the number of staff at the site to

accommodate the typical parking demand of the facility. To provide parking equal to

the sum of both staff and parent peak parking demands would create an oversupply.

The report than suggests that based on recorded case data for a comparable facility, that

a surplus of four car spaces beyond the staff requirement would be sufficient to

accommodate for peak parking demands during set-down and collection periods in

addition to peak staff parking demand during the middle of the day. In this regard, it is

recommended that 24 car parking spaces for the child care centre component would be

satisfactory. This represents a ratio of 0.23 spaces per child.

The report also suggests that the office component which requires 8 car spaces is

considered to be reflective of the demand generated for an office use. Therefore, the

proposal would generate an overall demand for a maximum of 32 car spaces.

It is prudent to note that the Parking Assessment also highlights that the NSW Roads

and Maritime Services ‘Guide to Traffic Generating Developments’ recommends a rate of

1 space to every 4 children in attendance and does not recommend a separate rate for

staff. In this regard, the proposal would generate a requirement for 26 car parking

spaces which is nine car spaces less than that required by the DCP.


PAGE 16

Consideration must also be given to a comparable child care centre approved within

close proximity to the subject site. Kindalin operates from 10 Hudson Avenue Castle Hill

and is located approximately 130 metres on the opposite side of Windsor Road within an

industrial complex. Kindalin accommodates a capacity of 110 children and has access to

30 car parking spaces within the subject site. This rate of parking was considered to be

satisfactory based on a parking assessment survey. The rate represents a ratio of 0.27

spaces per child instead of the 0.33 spaces per child as required by the DCP.

Furthermore, the traffic report did not consider the proximity of the child care centre to

places of employment, where parents/guardians who are employed within walking

distance to the child care centre, could park at their place of employment and walk to

the premises via safe pedestrian passages.

In this regard, whilst the DCP requires the provision of 43 car spaces, the proposed use

would only generate a maximum demand for 32 car spaces. Given that the premises is

allocated 34 car parking spaces, being 17 at-grade and access to 17 spaces within the

access restricted basement car park for staff members, the proposed variation to the car

parking provision is considered to be satisfactory. Furthermore, the site is also capable

of providing access to a shared allocation of car parking located within the B2 basement

level.

(iii) Traffic Safety



outdoor play area. Given that the outdoor play area is immediately located adjacent to

an internal access way, a Health Hazard Assessment prepared by Getex accompanied

the application and highlighted the possible risks associated with vehicle movements

adjacent to the outdoor play area. The assessment consequently recommended the

preparation of a Traffic Plan.

In response, a Traffic Plan was subsequently prepared by Cardno which identifies the

hazards associated with traffic and recommends control measures to reduce or eliminate

any potential risk. The report identified the following hazards:

- Location of set down and collection parking

- Proximity of moving vehicles to outdoor play area

- Traffic flow along the internal access way adjacent to the outdoor play area

Location of Set Down and Collection Parking

The location of set-down and collection parking has been considered. The proposed child

care centre will have access to 17 at-grade car parking spaces which are proposed for

short stay parking for set-down and collection as illustrated in the figure below:


PAGE 17

To maximise the safety of pedestrian movements between the car parking spaces and

the entry of the child care centre, the Traffic Plan recommends a range of traffic calming

measures to reduce the speed of vehicles and raise the awareness of passing motorists.

In this regard, it is recommended that two speed humps be located immediately

adjacent to the set-down and collection area located on the northern side of the site. A

marked stop line and dividing line is proposed at the junction of the access way to

temporarily stop motorists from turning into the set-down and collection area. Moreover,

three signs are proposed in proximity to the set-down and collection area which will

notify motorists of ‘children crossing’ in addition to ‘stop’ signage and ‘road hump’

signage. Pedestrians accessing the child care centre will have a dedicated pathway

adjacent to the outdoor area which will be safe guarded from vehicles with the

placement of bollards. The location of the set-down and collection area is considered to

be satisfactory from a traffic safety perspective.

Proximity of Moving Vehicles to Outdoor Play Area

The proximity of moving and parked vehicles to the outdoor play area has been duly

considered. The Traffic Plan indicates that the probability of a vehicle colliding into the

outdoor play area is low. Vehicles will be traveling in a low speed environment which is

restricted to 10km/h and are likely to be aware of the presence of a child care centre.

Furthermore, control measures including bollards suitably spaced will be incorporated

into the design to minimise the risk of errant vehicles colliding into the outdoor play

area. A condition of consent is recommended to ensure that bollards are spaced at a

maximum distance of 2 metres. Additionally, a condition of consent will be

recommended to ensure that the bollards are structurally sound and certified by a

suitably qualified person. Combined with the traffic calming measures detailed above,

the proximity of moving and parked vehicles to the outdoor play area is considered to be

reasonably safe.

Traffic Flow Along the Internal Access Way Adjacent to the Outdoor Play Area

Traffic flow and volume along the internal access way adjacent to the outdoor play area

was considered. Traffic counts were carried out within the internal access way over a 7

day period between 19 March and 26 March 2015. The traffic counts revealed an

average weekday two-way traffic volume of 173 vehicle movements per day. The AM

peak was recorded between 11:00am to 12:00pm whilst the PM peak was recorded

between the 1:00pm – 2:00pm peak.


PAGE 18

According to the peak hour movement rates for child care centres as stipulated by the

RMS ‘Guide to Traffic Generating Developments’, the proposed child care centre would

generate in the order of 84 vehicle movements during AM peak and 106 vehicle

movements during PM peak inclusive of staff. The Traffic Plan stipulated that at least

10% of the vehicle movements would be generated by staff that will park in the

dedicated basement level. Additionally, the Traffic Plan also suggests that 60% of

inbound traffic movements will approach via the access way fronting the child care

centre with the remaining traffic utilising the one-way access point on the western side

of the site. Based on these assumptions, the access way would generate 1 vehicle

movement a minute during AM and PM peak periods and 1 vehicle movement every 3

minutes during the early PM peak period. This volume of traffic is relatively low in a

traffic context and combined with the traffic calming and safety measures proposed, it is

considered that traffic safety afforded to the proposed child care centre is satisfactory.

The Traffic Plan was subsequently peer reviewed by Getex who provided the initial

hazard assessment. No objections were raised to the findings of the Traffic Plan subject

to the recommendations being implemented. Accordingly, the recommendations of the

report are to be imposed as a condition of consent.

2. Issues Raised in Submissions

The application was placed on exhibition for a period of 14 days from 15 January 2015 to

29 January 2015. One submission was received during the exhibition period. The

comments made within the submission are addressed below.

ISSUE/OBJECTION COMMENT OUTCOME

Concern is raised that the

proposed use will result in

increased traffic/parking

congestion.

The proposed child care centre will

accommodate a maximum of 105

children. The traffic generation

expected from the proposed use is

considered to be relatively low within

the context of the Norwest Business

Park.

Additionally, a Parking Demand

Assessment has been carried out

which indicates that on-site parking

for the proposed use is satisfactory.

Issued

addressed.



increased noise pollution.

The application was accompanied by

an Acoustic Report prepared by a

suitably qualified Acoustic Engineer.

The report concluded that the

operations of the child care centre

with respect to noise generation will

not exceed the noise level criteria as

specified by the Childcare Centre

Noise Assessment 2008 prepared by

the Association of Australian

Acoustical Consultants.

Council’s Environmental Health Officer

has reviewed the Acoustic Report and

has raised no objections subject to

acoustic measures being implemented

Issue addressed.


PAGE 19

ISSUE/OBJECTION COMMENT OUTCOME

to ensure that noise generation does

not exceed 59dB(A). Further a

condition of consent has also been

recommended for the submission of a

Noise Management Plan to identify

measures and appropriate actions to

minimise noise generation on site.



air pollution.

The proposed child care centre will

not generate offensive air emissions

given the nature of the proposed use.

Issue addressed.

ENVIRONMENT AND HEALTH COMMENTS

The development application has been referred to Council’s Environment and Health

Officer for review. In response, no objections were raised subject to conditions of

consent.

RESOURCE RECOVERY COMMENTS

The development application has been referred to Council’s Resource Recovery Officer

for review. In response, no objections were raised subject to conditions of consent.

ENGINEERING COMMENTS

The development application has been referred to Council’s Development Engineer for

review. In response, no objections were raised subject to conditions of consent.

FIRE SAFETY COMMENTS

The development application has been referred to Council’s Fire Safety Officer for review.

In response, no objections were raised subject to conditions of consent.

CONCLUSION

This application has been evaluated in accordance with Section 79C of the Environmental

Planning and Assessment Act 1979 and is considered satisfactory. Variations to The Hills

Local Environmental Plan 2012 and the Hills Development Control Plan 2012 as proposed

have been addressed in this report. The concerns raised in the submission received do

not warrant further amendment or refusal of the application.

It is considered that the application is worthy of support. Accordingly approval subject to

conditions is recommended.

IMPACTS

Financial

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

estimates.


PAGE 20

The Hills Future - Community Strategic Plan

The social and environmental impacts have been identified and addressed in the report.

The proposal offers a reasonable design that does not comprise the character of the

locality and the Shire as a whole.

RECOMMENDATION

The application be approved subject to 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 REVISION DATE

A-00 Site Analysis Plan prepared

by Cyclo Office Interiors

C 16/12/2014

A-02 General Layout Plan

prepared by Cyclo Office

Interiors

C 16/12/2014

A-03 Partition Plan prepared by

Cyclo Office Interiors

C 16/12/2014

LA1492 Landscape Concept Plan

prepared by Greenscape

Design and Associates

A 12/12/2014

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. 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.

3. 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.

4. NSW Children (Education and Care Services) Supplementary Provisions

Regulation 2012

The design of the child care centre must conform to the requirements of the NSW

Children (Education and Care Services) Supplementary Provisions Regulation 2012.

5. Acoustic Requirements

The recommendations of the Acoustic Assessment and Report prepared by Acoustic Logic

Pty Ltd, referenced as 20141442.1, dated 12 December 2014 and submitted as part of

the Development Application are to be implemented as part of this approval. In

particular:


PAGE 21

- Glazing on the windows facing Windsor Rd shall be minimum 10.38mm laminated

with acoustic seals around the perimeter which provides Rw 35;

- Glazing on the western façade shall be minimum 6.38mm laminated with acoustic

seals around the perimeter which provides Rw 31;

- Ceiling of the proposed outdoor play areas shall be absorptive with minimum NRC

rating 0.7;

- Western boundary of the outdoor play areas shall be a minimum 1.5m high

imperforated balustrade / fence. The material of the fence shall be 5mm glass or

6mm FC Sheet or equal;

- Minimum 6.38mm laminated glazing for facades of indoor play area with acoustic

seals around perimeter which provides Rw rating 31;

- All doors/windows remain closed except to let people in or out;

- Signs reminding staff and visitors to minimise noise generated by the children

whenever practical and possible; and

- Install a contact phone number at the front of the centre so that any complaints

regarding centre operation can be made.

6. Environmental Health Assessment Requirements

The recommendations of the Environmental Health Assessment and Report prepared by

Getex Pty Ltd, referenced as 3 Columbia Court, Baulkham Hills dated 15 December 2014

and the letter prepared by Getex Pty Ltd, dated 2 March 2015 and submitted as part of

the Development Application are to be implemented as part of this approval. In

particular:

- Erect a barrier that is designed to stop the vehicle and prevent debris going into

the child play area. The barrier is to be designed by a suitably qualified engineer;

- Atmospheric monitoring is to be undertaken once the centre is in operation to

ensure that air quality will not impact upon the health of children. Should the air

quality present a risk to children, measures are to be incorporated to mitigate the

impact to the satisfaction of Council.

7. Clause 94 Considerations

Under clause 94 of the Environmental Planning & Assessment Regulation, the following

fire safety/Building Code of Australia (BCA) works are to be undertaken with the

construction certificate works and are to be completed prior to the issue of the

occupation certificate:

i. Emergency lighting is to be upgraded and provided to all areas used by

the public in the class 9b portion of the premises in accordance with AS

2293.1 - 2005 and E4 of the Building Code of Australia (BCA)

ii. Existing air handling systems (other than non - ducted individual rooms

with a capacity of not more than 1000 l/s and miscellaneous exhaust

systems) within the premises are to be provided with automatic shutdown

in accordance with NSW Table E2.2b of the BCA

8. 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


PAGE 22

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.

9. Management of Construction and/ or Demolition Waste

Any waste generated as a result of construction and/ or demolition for the development

is to be reused and recycled where possible, and any residual waste is to be disposed of

at a licenced waste facility. 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. 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. 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.

10. Construction of Waste Storage Area

All work involving construction of the waste storage area is required to comply with the

requirements of Council’s ‘Commercial/Industrial Waste Storage Area Specifications’. A

copy of the specifications is available at www.thehills.nsw.gov.au

11. 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.

12. Vehicular Access and Parking

The formation, surfacing and drainage of all driveways, parking modules, circulation

roadways and ramps are required, with their design and construction complying with:

a) AS/ NZS 2890.1

b) AS/ NZS 2890.6

c) AS 2890.2

d) Council’s DCP Part C Section 1 – Parking

e) Council’s Driveway Specifications

Where conflict exists the Australian Standard must be used.

The following must be provided:

i. The existing aisle width dimension behind the existing car parking spaces (which

is to be partly enclosed and partly converted to a pedestrian walkway with

bollards) is to be maintained. None of the existing aisle width is to be encroached

with new structure/ walkway/ bollards.

ii. All driveways and car parking areas must be prominently and permanently line

marked, signposted and maintained to ensure entry and exit is in a forward

direction at all times and that parking and traffic circulation is appropriately

controlled.

iii. All driveways and car parking areas must be separated from landscaped areas by

a low level concrete kerb or wall.

http://www.thehills.nsw.gov.au/


PAGE 23

iv. All driveways and car parking areas must be concrete or bitumen. The design

must consider the largest design service vehicle expected to enter the site. In

rural areas, all driveways and car parking areas must provide for a formed all

weather finish.

v. All driveways and car parking areas must be graded, collected and drained by pits

and pipes to a suitable point of legal discharge.

13. Provision of Parking Spaces

The development is required to be provided with 34 off-street car parking spaces. These

car parking spaces shall be available for off street parking at all times.

14. Separate application for signs

A separate application is to be submitted to, and approved by, Council prior to the

erection of any advertisements or advertising structures.

15. Separate application for fit-out and occupation of Administration Office

Should the learning space be used for any other purpose including an administration

office, a separate application for the fit-out and occupation must be submitted.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

16. 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 $6,030 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.

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%

17. Security Bond Requirements

A security bond may be submitted in lieu of a cash bond. The security bond must:

a) Be in favour of The Hills Shire Council;

b) Be issued by a financial institution or other accredited underwriter approved by,

and in a format acceptable to, Council (for example, a bank guarantee or

unconditional insurance undertaking);

c) Have no expiry date;

d) Reference the development application, condition and matter to which it relates;

e) Be equal to the amount required to be paid in accordance with the relevant

condition;

f) Be itemised, if a single security bond is used for multiple items.

Should Council need to uplift the security bond, notice in writing will be forwarded to the

applicant 14 days prior.


PAGE 24

18. Security Bond – Road Pavement and Public Asset Protection

In accordance with Section 80A(6)(a) of the Environmental Planning and Assessment Act

1979, a security bond of $5,000 is required to be submitted to Council to guarantee the

protection of the road pavement and other public assets in the vicinity of the site during

construction works.

The bond must be lodged with Council before a Construction Certificate is issued.

The bond is refundable upon written application to Council and is subject to all work

being restored to Council’s satisfaction. Should the cost of restoring any damage exceed

the value of the bond, Council will undertake the works and issue an invoice for the

recovery of these costs.

DURING CONSTRUCTION

19. Construction and Fit-out of Food Premises

To ensure that adequate provision is made for the cleanliness and maintenance of all

food preparation areas, all work involving construction or fitting out of the premises shall

comply with the requirements of Australian Standard AS 4674-2004 – Design,

construction and fit-out of food premises and the provisions of the Food Standards Code

(Australia). This includes, but is not limited to:

The intersection of floors with walls and exposed plinths in food preparation,

storage and servery areas are to be coved.

All walls are to be solid construction. Solid construction is defined as brick,

concrete blocks, structural fibrous cement or preformed panels that are filled with

suitable material.

Pipes and conduits adjacent to walls are to be set a minimum of 25mm off wall

face with brackets. Pipes and conduits entering floors, walls or ceilings are to be

fitted with a flange and all gaps fully sealed.

Hand wash basins:

o Must be provided, not obstructed and accessible at bench height and no

further than 5 metres from any place where open food is handled or

prepared; and

o Must be fitted with a tap that operates hands free with a permanent

supply of warm running potable water delivered through a single outlet.

Note: Copies of AS 4674-2004 may be obtained from www.saiglobal.com by visiting the

website: www.saiglobal.com and copies of the Food Safety Standards Code (Australia)

may be obtained from Food Standards Australia New Zealand by visiting the following

website www.foodstandards.gov.au.

20. Hours of Work

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

Monday to Saturday - 7.00am to 6.00pm;

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.


PAGE 25

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE

21. Certification of Bollards

Prior to the issue of the Occupation Certificate documentation prepared by a suitably

qualified person is required to be submitted to Council certifying that the bollards are

spaced a maximum distance of 2 metres apart and are structurally adequate to

withstand the force of vehicle collisions.

22. Compliance with Traffic Plan

The recommendations contained within Section 5 of the Traffic Plan prepared by Cardno

and dated 21 April 2015 are to be incorporated into the design of the development. In

particular, the following recommendations are to be adopted:

The speed hump to the immediate south is proposed to be relocated slightly to

the west to slow eastbound vehicles approaching the set-down area;

A speed hump is proposed to be installed at the base of the ramp to the Building

C - Level 2 car park to slow westbound vehicles approaching the set-down area;

A central dividing line is proposed on the north-south accessway at the frontage

of the childcare centre to regulate northbound vehicles approaching the set-down

area;

'Pedestrian Warning' signs are recommended on the eastbound, westbound and

northbound approaches to the parking area;

Speed hump signage is recommended where applicable;

A 'Stop' sign is recommended on the northbound approach to the parking area,

The existing 'No Access past this point' sign should be removed; and

23. Noise Management Plan

A noise management plan is required to be prepared and submitted to Council’s Manager

Health and Environment prior to the issue of an occupation certificate. The noise

management plan shall address all activities likely to cause noise from the childcare

centre and proposed actions to be taken to alleviate any offensive noise.

24. Food Shop Registration requirements

Occupation of the premises shall not occur until:

a) The food business is registered with Council by completing and submitting the

Registration of Food Business form available from Council’s website; and

b) Notification to the NSW Food Authority under Food Safety Standard 3.2.2 Division 2

Section 4 Notification is completed. This requirement is to be met by notifying via

website www.foodnotify.nsw.gov.au.

25. Acoustic Compliance Report

The acoustic consultant shall progressively inspect the installation of the required noise

suppressant components as recommended in report titled 20141442.1 prepared by

Acoustic Logic Pty Ltd dated 12th December 2014. Certification is to be provided.

26. Food Premises Final Inspection

Prior to the issuing of an Occupation Certificate, the food premises shall be inspected by

an Authorised Officer of The Hills Shire Council under the Food Act 2003, to determine

compliance with the Food Act 2003, Food Safety Standards and Australian Standard

4674:2004: Design Construction and Fit-out of Food Premises.


PAGE 26

27. Section 73 Certificate must be submitted to the Principal Certifying

Authority before the issuing of an Occupation Certificate

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained

from Sydney Water Corporation.

Make early application for the certificate, as there may be water and sewer pipes to be

built and this can take some time. This can also impact on other services and building,

driveway or landscape design.

Application must be made through an authorised Water Servicing Coordinator. For help

either visit www.sydneywater.com.au > Building and developing > Developing your land

> water Servicing Coordinator or telephone 13 20 92.

The Section 73 Certificate must be submitted to the Principal Certifying

Authority before occupation of the development/release of the plan of

subdivision.

THE USE OF THE SITE

28. Number of Staff and Children

The child care centre must operate with a maximum of seventeen (17) employees with a

maximum capacity of 105 places, with the following age-groups:

0-2 years: 31 children



Any variation to the above requires separate development consent.

29. Noise management plan must be kept in centre.

A copy of the Noise Management Plan is to be available in the childcare centre at all

times and is to be made available to Council officers upon request.

30. Noise to Surrounding Area

There shall be no amplified music or speakers external to the building.

31. Final Acoustic Reports

Within three months of the start of operations an acoustic compliance assessment is to

be carried out by an appropriately qualified person, in accordance with the NSW EPA's -

Industrial Noise Policy and submitted to Council’s Manager - Environment and Health for

consideration.

A further acoustic compliance assessment is required to be undertaken once the centre

is operating at full capacity, if the centre was not operating at full capacity for the

assessment undertaken at three months.

Both of these reports should include but not be limited to, details verifying that the noise

control measures as recommended in the acoustic report and the projected noise levels

predicted in the report that was submitted with the application are effective in

attenuating noise to an acceptable noise level and that the activities does not give rise to

“offensive noise” as defined under the Protection of the Environment Operation Act 1997.

32. Offensive Noise - Acoustic Report

The proposed use of the premises and/or machinery equipment installed must not create

offensive noise so as to interfere with the amenity of the neighbouring properties. Every

effort is to be made to ensure that noise from children playing does not exceed 59dB (A)

in the courtyard between building A & B, as is outlined in the Acoustic Report submitted

with the application. Noise management controls are to be implemented at all times.


PAGE 27

Should an offensive noise complaint be received and verified by Council an acoustic

assessment is to be undertaken (by an appropriately qualified consultant), and an

acoustic report is to be submitted to Council’s Manager – Environment and Health for

review. Any noise attenuation recommendations approved by Council must be

implemented.

33. Waste and Recycling Management

To ensure the adequate storage and collection of waste from the occupation or use of

the premises, all garbage and recyclable materials emanating from the premises must be

stored in a designated waste storage area, which includes provision for the storage of all

waste generated on the premises between collections. Arrangement must be in place in

all areas of the development for the separation of recyclable materials from garbage. All

waste storage areas must be screened from view from any adjoining residential property

or public place. Ideally waste storage containers should be kept inside the unit and under

no circumstances should waste storage containers be stored in locations that restrict

access to any of the car parking spaces provided onsite.

34. Waste and Recycling Collection

All waste generated onsite must be removed at regular intervals. The collection of waste

and recycling must not cause nuisance or interfere with the amenity of the surrounding

area. Garbage and recycling must not be placed on public property for collection without

the formal approval of Council. Waste collection vehicles servicing the development are

not permitted to reverse in or out of the site.

35. Hours of Operation

The hours of operation being restricted to the following: -

- Monday to Friday - 7:00am to 6:00pm

Any alteration to the above hours of operation will require the further approval of

Council.

ATTACHMENTS

1. Locality Plan

2. Aerial Photograph

3. Floor Plan

4. Landscape Plan

5. Car Parking Plan


PAGE 28

ATTACHMENT 1 – LOCALITY PLAN


PAGE 29

ATTACHMENT 2 – AERIAL PHOTOGRAPH


PAGE 30

ATTACHMENT 3 – FLOOR PLAN


PAGE 31

ATTACHMENT 4 – LANDSCAPE PLAN


PAGE 32

ATTACHMENT 5 – CAR PARKING PLAN

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