Development Assessment Unit - thehills.nsw.gov.au · item-3 da 1010/2015/zd ... (vii) to ensure...
Transcript of Development Assessment Unit - thehills.nsw.gov.au · item-3 da 1010/2015/zd ... (vii) to ensure...
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 3
ITEM-2 DA NO. 417/2016/HA - SUBDIVISION OF THE
SITE INTO TWO LOTS, RETENTION OF THE
EXISTING DWELLING AND CONSTRUCTION OF
AN ATTACHED DUAL OCCUPANCY - LOT 1 DP
546862 NO. 552A OLD NORTHERN ROAD,
DURAL
4
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
PAGE 3
MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE
HILLS SHIRE COUNCIL ON TUESDAY, 29 MARCH 2016
PRESENT
Cameron McKenzie Group Manager – Environment & Planning (Chair)
Paul Osborne Manager – Development Assessment
Andrew Brooks Manager – Subdivision & Development Certification
Angelo Berios Acting Manager – Health & Environment
Craig Woods Manager – Regulatory Services
Stewart Seale Manager – Forward Planning
Kristine McKenzie Principal Executive Planner
APOLOGIES
Mark Colburt Manager – Health & Environment
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 22 March
2016 be confirmed.
ITEM-2 DA NO. 1159/2015/LA/A - MODIFICATION TO
APPROVED ALTERATIONS AND ADDITIONS TO AN
EXISTING DWELLING - LOT 31 DP 746625 - 12
DEAKIN PLACE, WEST PENNANT HILLS
RESOLUTION
The application be approved subject to conditions as set out in the report.
ITEM-3 DA 1010/2015/ZD - SUBDIVISION CREATING FIVE
COMMUNITY TITLE RURAL RESIDENTIAL LOTS AND
ONE COMMUNITY ASSOCIATION LOT (RURAL
CLUSTER) - LOT 5 DP 734262, NO. 164-220
MCCLYMONTS ROAD, KENTHURST
RESOLUTION
The application be approved subject to conditions as set out in the report.
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
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ITEM-2 DA NO. 417/2016/HA - SUBDIVISION OF THE SITE
INTO TWO LOTS, RETENTION OF THE EXISTING
DWELLING AND CONSTRUCTION OF AN ATTACHED
DUAL OCCUPANCY - LOT 1 DP 546862 NO. 552A OLD
NORTHERN ROAD, DURAL
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: 5 APRIL 2016
DEVELOPMENT ASSESSMENT UNIT
AUTHOR: SENIOR TOWN PLANNER
SANDA WATTS
RESPONSIBLE OFFICER: MANAGER DEVELOPMENT ASSESSMENT
PAUL OSBORNE
EXECUTIVE SUMMARY
The Development Application is for the subdivision of the site into two lots, retention of
the existing dwelling on proposed Lot 1 and the construction of an attached two storey
dual occupancy on proposed Lot 2. Each of the dual occupancy dwellings contain four
bedrooms and a double garage.
The application has been assessed against the requirements of DCP Part B Section 3 -
Dual Occupancy and Part C Section 3 Landscaping and a variation has been identified in
relation to the second storey side setback, overall landscaped area and landscape
screening strip. A minimum first floor side setback of four metres is required in this
instance a proposed first floor setback to the side boundaries of 2.2 metres is proposed.
The site requires 50% landscaping, while 44.5% is provided, and a 2 metre wide
landscape strip is required to be provided adjoining driveways, however a nil setback is
proposed between the driveway of the dual occupancy and the rear boundary of the
newly created lot. The proposed variations are considered satisfactory and do not result
in any unreasonable impacts on the surrounding properties.
The application was notified to adjoining property owners and four submissions were
received, including one submission in support of the application. The issues of objection
raised in the submissions include privacy impacts, overlooking, drainage concerns and
tree removal. The applicant has provided amended plans which address the privacy
issues including the removal of balconies at the rear of the development. Appropriate
stormwater management measures have been incorporated in the design to mitigate
stormwater nuisance.
The application is recommended for approval subject to a Deferred Commencement
consent condition requiring the registration of an easement for drainage purposes.
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
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BACKGROUND MANDATORY REQUIREMENTS
Applicant: Matthew Holt
1. LEP 2012 - Satisfactory
Owner: Pamcol
Constructions Pty
Ltd
2. DCP Part B Section 3 - Dual
Occupancy – Variations proposed,
see report.
Zoning: R2 Low Density
Residential
3. DCP Part C Section 3 – Landscaping-
Variation proposed, see report.
Area: 1,714m2 4. Section 79C (EP&A Act) –
Satisfactory
Existing Development: Single dwelling
house
5. Section 94 Contribution – N/A
SUBMISSIONS REASONS FOR REFERRAL TO DAU
1. Exhibition: Not required. 1. Variation to DCP Part B Section 3 -
Dual Occupancy.
2. Notice Adj Owners: Yes, 14 days.
2. Submissions received.
3. Number Advised: 27
4. Submissions
Received:
4 (including one in
support).
POLITICAL DONATION – None disclosed.
HISTORY
08/09/2015 Subject Development Application lodged.
15/10/2015
Letter sent to the applicant requesting compliance with the DCP
including floor space ratio and landscaped area. The applicant
was requested to address privacy impacts, and stormwater
matters including the provision of on-site stormwater detention,
the provision of a drainage easement, subdivision plan and the
provision of a longitudinal section. A detailed landscape plan
was also requested.
26/10/2015
Request received from the applicant to confirm the volume of
stormwater detention on-site.
26/10/2015
Stormwater detention advice provided to applicant.
09/11/2015
Amended architectural plans received.
10/11/2015
Concept stormwater details provided.
12/11/2015
Further stormwater details provided to applicant requesting
additional information.
24/11/2015 Landscape plan provided.
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
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13/12/2015
Stormwater drainage plans and details provided.
18/12/2015
18/12/2015
Further landscape plan provided.
Updated landscape plan requested showing tree removal and
appropriate screen planting at the rear of the site.
27/01/2016
Updated architectural plans received.
04/02/2016
Further landscape plan provided showing tree removal and
appropriate screen planting.
01/03/2016 Details for retaining walls and site calculations provided.
15/03/2016
Justifications for non-compliances provided by applicant.
PROPOSAL
The Development Application is for the subdivision of the site into two lots, retention of
the existing dwelling (lot 1) and the construction of an attached two storey dual
occupancy, with each dwelling containing 4 bedrooms and a double garage (lot 2).
Proposed Lot 1 has an area of 1,014m² and proposed Lot 2 has an area of 700m². A 5
metre wide right of carriage way is proposed which provides access to the dual
occupancy at the rear of the site.
A total of 10 trees are to be removed as part of the application with appropriate
replacement trees proposed, including 10 water gums and 2 black wattles, as well as
blueberry ash trees along the rear and eastern side boundaries.
ISSUES FOR CONSIDERATION
1. Compliance with DCP Part B Section 3 - Dual Occupancy
The proposal has been assessed against the requirements of Development Control Plan
(DCP) Part B Section 3- Dual Occupancy and the following variations have been
identified:
DEVELOPMENT
STANDARD
DCP
REQUIREMENTS
PROPOSED
DEVELOPMENT
COMPLIANCE
Setbacks The minimum
required first floor
side setback for dual
occupancy
developments is as
follows:
- 3775mm from
eave to boundary.
- 4m from wall to
boundary.
The proposed first
floor side setback on
the western side of
the site varies from
1.45 metres to 2.29
metres. It is noted
that this side of the
dwelling does not
contain eaves.
No, however, the
variation is
considered
satisfactory given
the non-
compliance relates
to a stairwell and
no significant
privacy impacts
will result.
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
PAGE 7
Landscaped Area In urban zones, a
minimum of 50% of
the site shall be
provided with
landscaped areas,
exclusive of access
driveways and
parking.
The proposal
provides for 312m²
or 44.5% landscaped
area.
No, however the
shortfall is
considered minor
and supportable in
this instance as a
high quality
landscape outcome
for the site is
proposed.
a) Setbacks
The DCP states the following in relation side and rear setbacks:
a) The minimum side and rear boundary setback requirements are:
Height of building Minimum distance of
wall to boundary line
Minimum distance of
eave to boundary line
1 storey 900mm 675mm
2 storey (ground floor) 900mm 675mm
2 storey (second floor) 4 metres 3775mm
The proposed first floor side setback on the eastern and western side of the dwelling is
2.20 metres.
The applicant has provided the following justification for the proposed variation:
“The second storey is set back 4135mm, except one part each side of 2730mm long at
the stairwell where the it encroaches but this gives the building a more aesthetically
pleasing three dimensional form.”
Comment:
The DCP contains the following objectives:
(i) To provide setbacks that complement the streetscape, protect the privacy of and
minimise overshadowing of adjoining properties in accordance with Council’s ESD
objective 7.
(ii) To provide opportunities for landscaping between dwellings.
(iii) To ensure adequate site area and curtilage is provided to all development.
The proposed side setback variations are considered satisfactory for the following
reasons:
The ground floor far exceeds the minimum side/rear setback requirement of
900mm, with 2.2m being proposed.
The majority of the second storey is setback from the side boundaries on both
boundaries (being, 4.2 metres), with only the stairwell encroaching into the
second storey side setback.
The rear setback for the second storey complies, being 7.22 metres.
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
PAGE 8
The proposed side setback will not adversely impact on the streetscape or
character of the area.
The non-compliance will not result in any adverse overshadowing impacts as to
the west of the site is a driveway for a multi housing dwelling development, and
the to the east is the side elevation of a single storey dwelling.
Accordingly, the proposed side setback is considered satisfactory.
b) Landscaped Area
The DCP states the following in relation to landscape area:
In urban zones, a minimum of 50% of the site shall be provided with landscaped
areas, exclusive of access driveways and parking.
The proposal provides for 312m² or 44.5% landscaped area.
Comment:
The DCP contains the following objectives:
(i) To ensure a high standard of environmental quality of dual occupancy
developments and the overall visual amenity and character of the
neighbourhood in accordance with Council’s ESD objective 7.
(ii) To ensure that landscaped areas can be efficiently maintained.
(iii) To provide useable outdoor open space for residents.
(iv) To provide a satisfactory relationship between buildings, landscaping areas
and adjoining developments.
(v) To ensure that existing trees are given every opportunity to be incorporated
into the final design.
(vi) To minimise stormwater runoff and provide the opportunity for on-site
groundwater recharge in accordance with Council’s ESD objective 3.
(vii) To ensure that vegetation removed as a part of the land development process
is replaced by suitable endemic species in accordance with Council’s ESD
objective 4.
The overall landscaping for the site is considered satisfactory, with a shortfall of 5.5% or
38m². The dual occupancies have been provided with large terraces at the rear with a
landscaped garden. The landscape plan indicates that all open spaces will be
appropriately landscaped with native trees and shrubs to provide a high quality finish.
The proposed landscaping integrates with the overall appearance of the development.
Stormwater will be managed with an on-site detention tank and an easement on the
neighbouring property.
2. Compliance with DCP Part C Section 3 - Landscaping
The proposal has been assessed against the requirements of Development Control Plan
(DCP) Part C Section 3- Landscaping and the following variation has been identified:
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
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DEVELOPMENT
STANDARD
DCP
REQUIREMENTS
PROPOSED
DEVELOPMENT
COMPLIANCE
Landscaping – Car
parking
Driveways are to be
screened by a
minimum of two
metres wide
landscaping strip on
either side.
The proposed dual
occupancy does not
provide 2 metres of
landscaping between
the driveway and the
rear fence of the
single dwelling.
No, however the
variation is
considered
satisfactory as no
significant amenity
impacts result
from the non-
compliance.
The DCP states the following:
Driveways are to be screened by a minimum of two metres wide landscaping strip
on either side.
The proposed dual occupancy does not provide 2 metres of landscaping between the
driveway and the rear fence of the single dwelling. A nil setback is proposed between the
driveway of the dual occupancy and the rear fence of the single dwelling.
The applicant has provided the following justification for the proposed variation:
“There is less than 2m of landscaping between the driveway and the rear of the existing
house. There is still some landscaping for privacy just not all 2m wide but 1200mm
wide.”
Comment:
The DCP contains the following objectives:
(i) To ensure that adequate consideration is given to landscaping in car parking
area designs, to reduce the prominent visual appearance of the facility.
(ii) To provide appropriate landscaping for external and uncovered car parks so
that they do not detract from the surrounding area.
(iii) To provide shade and improve amenity of loading, service and car parking
areas and to provide a buffer to neighbouring properties.
(iv) To utilise landscaping to provide amenity to neighbouring properties in
accordance with Council’s Ecological Sustainable Development objective 7.
A 2 metre landscape strip is proposed along the western side boundary, along the
driveway which provides access to the dual occupancies. However, a nil setback is
proposed for the driveway/circulation area in front of the dual occupancies, adjoining the
rear fence for the single dwelling.
Although some landscape is proposed along this boundary, a 2 metre wide strip is not
proposed along the entire length of this boundary. This is acceptable as it allows greater
landscaping at the rear of the property which is more useable to the occupants of the
dual occupancy and the limited landscaping at the front of the dual occupancy does not
result in any adverse impacts, and is not visible from the public domain.
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
PAGE 10
3. Issues Raised in Submissions
The application was notified in accordance with Council’s policy and four submissions
were received, which included one in support of the development. The issues raised in
the submissions are addressed as follows:
ISSUE/OBJECTION COMMENT OUTCOME
The survey plan/site plan is
incomplete and does not
include development to the
rear of the development site.
It is noted that the site plan or
survey submitted with the
development application did not
include the units within the multi
dwelling development to the
west (side) or rear of the site.
Council staff have undertaken an
inspection of the site and it was
deemed unnecessary.
Issue addressed.
Upper level external
balconies have direct line of
sight into bedrooms, living
area and private outdoor
area at the rear.
This privacy issue was raised
with the applicant, and the upper
level balconies at the rear of the
dual occupancy have been
removed, and amended plans
submitted.
Issue addressed.
Our concerns may well be
resolved by implementing
design changes to the rear
of the dual occupancy such
as installing fixed louvre
devices which could deflect
sightlines away from the
rear
dwellings. Consideration
might also be given to
reducing the dual occupancy
to single storey.
Appropriate privacy measures
have been incorporated into the
amended design and landscape
plan to preserve mutual privacy
between properties. It is
considered unnecessary to
reduce the proposal to single
storey given the privacy
measures proposed including
fixed vertical privacy louvres for
the rear windows.
Issue addressed.
Vertical privacy louvres
would be appreciated on the
upper level windows at the
rear.
Fix vertical privacy louvres have
been included to the upper level
of the rear windows of the dual
occupancy.
Issue addressed.
Levels shown on the Site
Plan Layout (A 05 A are to
AHD but those shown on
Plan A 04 A appear to be
related to some unidentified
local datum). To assist in
estimating sight lines and
the impact on privacy could
all levels be shown to AHD.
The RLs on the site plan were
incorrect (i.e. RL 25.25 on the
site plan should have read RL
205.25, and RL on the elevation
were 28.05, should have read
208.25, etc). The plans with the
retaining walls details have
included the correct RLs.
Issue addressed.
Trees along the northern
boundary pose a nuisance by
dropping copious amounts of
pine needles which clog roof
gutters etc. It appears that
these trees will need to be
pruned/removed to enable
construction which would be
supported.
A condition of consent is
recommended that permits the
trees at the rear of the property
(on the northern boundary) to be
removed. Suitable replacement
trees have been proposed in the
amended landscape plan.
Issue addressed
(refer to Condition
No. 17)
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
PAGE 11
ISSUE/OBJECTION COMMENT OUTCOME
Concern is raised in regards
to drainage off the property,
and what steps will be
required to ensure water
does not flow into my
property. Will water tanks be
installed, and if so are they
above or below ground?
Where will over flow from
those tanks be discharged.
Drainage measures are proposed
to ensure that
stormwater/rainwater is
appropriately managed.
A 7,000L above ground rainwater
tank for each dwelling which
captures rainwater off the roof
and is used to irrigate
landscaping, toilet flushing and is
connected to the laundry is
proposed. A detention tank
under the terrace of one of the
dwellings with a storage capacity
of 22.5 cubic metres to capture
stormwater is to be constructed.
The detention tank is to be
connected to a 1.5m wide
easement to downstream
properties to The Village Place.
A deferred commencement
condition of consent is
recommended in regard to the
registration of the easement.
Issue addressed
(refer to Condition
No. A1)
Concern is raised regarding
the proposed screen hedge
along the dividing fence line
given it will grow and
without proper support
overhang into the garden
area and will possibly
overshadow. It is
recommended to plant the
blueberry ash 2 metres
inside the boundary.
The proposed blueberry ash
landscape screening at the rear
boundary is considered
appropriate and is typical of
boundary landscape screening to
preserve mutual privacy between
neighbours. Furthermore, the
landscaping will not result in any
overshadowing to the
neighbouring property as it is to
the north of the subject site.
Issue addressed.
ENGINEERING COMMENTS
The application has been assessed by Council’s Development Engineer and no objection
is raised subject to deferred commencement condition in relation to the registration of
an easement.
TREE MANAGEMENT COMMENTS
The application has been assessed by Council’s Tree Management Officer and no
objection is raised subject to conditions.
RESOURCE RECOVERY COMMENTS
The application has been assessed by Council’s Resource Recovery Projects Officer and
no objection is raised subject to conditions.
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
PAGE 12
ROADS & TRAFFIC AUTHORITY COMMENTS
The application was referred to RMS and concurrence as access from a classified road is
requested under Clause 101 of SEPP Infrastructure 2007. A number of conditions were
provided by the RMS (See Condition 3).
CONCLUSION
The application has been assessed against the provisions of Section 79C of the
Environmental Planning and Assessment Act, 1979, Local Environmental Plan 2012,
Development Control Plans Part B Section 3- Dual Occupancy and Part C Section 3 -
Landscaping and is considered satisfactory. The proposed variations to the DCP relating
to second storey setback and landscaping is addressed in the body of the report and
does not result in any unreasonable impact on surrounding properties or the streetscape.
The issues raised in the submission include size of the building, overlooking, character,
parking and acoustic impact. The issues are addressed in the body of the report and do
not warrant refusal of the application.
Accordingly, the application is recommended for approval subject to conditions including
a Deferred Commencement condition.
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.
DEFERRED COMMENCEMENT
Deferred Commencement – Registration of Easement
A1. Pursuant to Section 80(3) of the Environmental Planning and Assessment Act
1979 deferred commencement consent is granted subject to:
1. The creation of a 1.5m wide drainage easement over the downstream
properties, to The Village place.
A2. The applicant must provide Council with written evidence demonstrating that the
matters listed under Part A1 above have been satisfactorily addressed no later
than four weeks before the notice of expiry date.
B. Upon compliance with the requirements of Part A1, a full consent will be issued
subject to the following conditions:
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
PAGE 13
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. 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.
The amendments in red include:
- fixed privacy louvres to windows at the rear (upper level)
- blade wall on second storey at the rear to removed
- right of carriageway width to be amended to reflect RMS driveway requirements
- driveway to be 5.5 metres wide for a distance of 6 metres from the front boundary
(fronting Old Northern Road)
- additional 2 trees to be removed to allow for RMS driveway requirements
REFERENCED PLANS
DRAWING NO DESCRIPTION ISSUE DATE
01 Site Plan D 27/01/2016
02A Ground Floor D 27/01/2016
02B First Floor D 27/01/2016
03A Elevations D 27/01/2016
03B Elevations D 27/01/2016
04 Sections D 27/01/2016
06 Retaining wall D 27/01/2016
SK09 External Views D 27/01/2016
1601 Landscape Design Concept A 25/01/2016
186.15 Proposed Subdivision Plan - 28/08/2015
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. Compliance with Roads and Maritime Services Requirements
Compliance with the following requirements of the Roads and Maritime Services (RMS):
a) All building and structures, together with any improvements integral to the future
use of the site are wholly within the freehold property (unlimited height or
depth), along the Old Northern Road boundary.
b) A Construction Traffic Management Plan (CTMP) detailing construction vehicle
routes, number of trucks, hours of operation, access arrangements and traffic
control should be submitted to Council for approval prior to the issue of a
Construction Certificate.
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
PAGE 14
c) A Road Occupancy Licence should be obtained from Transport Management
Centre for any works that may impact on traffic flows on the Old Northern Road
during construction activities.
d) All demolition and construction vehicles are to be contained wholly within the site
and vehicles must enter the site before stopping. A "Works Zone" will not be
permitted on Old Northern Road.
e) All vehicles are to be wholly contained on site before being required to stop.
f) All vehicles are to enter and leave the site in a forward direction.
g) In accordance with AS 2890.1- 2004 (Parking Facilities, Part 1: Off-street car
parking), the driveway shall be a minimum of 5.5 metres in width for a minimum
distance of 6 metres from the property boundary.
h) The developer shall be responsible for all public utility adjustment/relocation
works, necessitated by the above work and as required by the various public
utility authorities and/or their agents.
i) Sight distances from the proposed vehicular crossings to vehicles on Old Northern
Road are to be in accordance with the Austroads 'Guide to Traffic Engineering
Practice, Part 5: Intersections at Grade, Section 6.2 - Sight Distance' and AS
2890. Vegetation and proposed landscaping/fencing must not hinder sight lines to
and from the vehicular crossings to motorists, pedestrians and cyclists.
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. Approved Plan
The subdivision must be carried out in accordance with the approved plan of subdivision
prepared by Rennie Golledge Pty Ltd Drawing 18615 dated 28/08/2015 except where
amended by other conditions of consent.
6. Subdivision Certificate Preliminary Review
Prior to the submission of a Subdivision Certificate application a draft copy of the final
plan, administration sheet and Section 88B instrument (where included) must be
submitted in order to establish that all conditions have been complied with.
Street addresses for the lots within this subdivision will be allocated as part of this
preliminary check process, for inclusion on the administration sheet.
7. Road Opening Permit
Should the subdivision/ development necessitate the installation or upgrading of utility
services or any other works on Council land beyond the immediate road frontage of the
development site and these works are not covered by a Construction Certificate issued
by Council under this consent then a separate road opening permit must be applied for
and the works inspected by Council’s Maintenance Services team.
The contractor is responsible for instructing sub-contractors or service authority
providers of this requirement. Contact Council’s Construction Engineer if it is unclear
whether a separate road opening permit is required.
8. 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.
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
PAGE 15
9. Structures Adjacent to Piped Drainage Easements
Buildings and structures, including footings and brick fences, adjacent to existing or
proposed drainage easements must be located wholly outside the easement. A design
must be provided by a structural engineer certifying that the structure will not impart a
load on the pipe in the easement.
10. 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. Access Handle Driveway Construction
A 3m wide (minimum) reinforced concrete driveway over the access handle of proposed
lot 1 is required in accordance with the above documents and Council’s driveway
specifications.
ii. Site Stormwater Drainage
The entire site area must be graded, collected and drained by pits and pipes to a suitable
point of legal discharge.
iii. Stormwater Drainage Connection
Piped stormwater outlet/ connection to The Village Place must comply with the
requirements of Council.
iv. Inter-allotment Stormwater Drainage
Piped inter-allotment stormwater drainage (minimum 1m wide) catering for the entire
area of proposed lot 1 must be provided over proposed lot 2. Each lot must be uniformly
graded to its lowest point where a grated surface inlet pit must be provided. All collected
stormwater is to be piped to an approved constructed public drainage system.
Where OSD is required, a minimum level difference of 800mm measured between the
surface level and the invert of the outlet pipe must be provided.
v. 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.
vi. Service Conduits
Service conduits to each of the proposed new lots, laid in strict accordance with the
relevant service authority’s requirements, are required. Services must be shown on the
engineering drawings.
11. House Numbering
The responsibility for house/unit numbering is vested solely in Council in order to provide
a consistent and accurate system of street numbering throughout the Shire.
Approved Numbering is as follows:
Proposed Unit 1 1/552 Old Northern Road Dural
Proposed Unit 2 2/552 Old Northern Road Dural
Existing residence 552A Old Northern Road Dural
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
PAGE 16
The street numbers as issued are to be clearly displayed at the entrance to the
properties and on each building.
12. 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.
Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square
metres or more of asbestos sheeting) must provide information to the NSW EPA
regarding the movement of waste using their WasteLocate online reporting tool
www.wastelocate.epa.nsw.gov.au.
13. Management of Construction and/or Demolition 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.
Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square
metres or more of asbestos sheeting) must provide information to the NSW EPA
regarding the movement of waste using their WasteLocate online reporting tool
www.wastelocate.epa.nsw.gov.au.
14. Surplus Excavated Material
The disposal of surplus excavated material, other than to a licenced waste facility, is not
permitted without the formal approval of Council prior to works commencing onsite. Any
unauthorized disposal of waste, which includes excavated material, is a breach of the
Protection of the Environment Operations Act 1997 and subject to substantial penalties.
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.
15. 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.
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
PAGE 17
16. 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.
17. Tree Removal
Approval is granted for the removal of 10 trees and 1 Cinnamomum camphora stump as
shown on the Landscape Design Concept plan prepared by Birdwood Landscape Design,
dated 25.01.16.
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.
18. Planting Requirements
All trees planted as part of the approved landscape plan are to be minimum 75 litre pot
size. All shrubs planted as part of the approved landscape plan are to be minimum
200mm pot size. Groundcovers are to be planted at 5/m2.
19. 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 Council’s Protection of
Existing Trees condition.
PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE
20. Sediment and Erosion Control Plan
A sediment and erosion control plan prepared in accordance with Council’s Works
Specification Subdivision/ Developments must be submitted. The plan must include:
a) Lot boundaries;
b) Roads;
c) Contours;
d) Existing vegetation;
e) Existing site drainage;
f) Critical natural areas;
g) Location of stockpiles;
h) Erosion control practices;
i) Sediment control practices; and
j) A maintenance program.
21. Onsite Stormwater Detention – Hawkesbury River Catchment Area
Onsite Stormwater Detention (OSD) is required in accordance with Council’s adopted
policy for the Hawkesbury River catchment area, the Upper Parramatta River Catchment
Trust OSD Handbook, with amended parameters for the site storage requirement and
permissible site discharge.
The stormwater concept plan prepared by Barker Hale Consulting Engineers Drawing
PSW2 Revision 2 dated 1/12/2015 is for development application purposes only and is
not to be used for construction. The detailed design must reflect the approved concept
plan.
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
PAGE 18
Comprehensive design plans showing full construction details must be prepared by an
accredited OSD designer and submitted with:
- A completed OSD Drainage Design Summary Sheet;
- Drainage calculations and details, including those for all weirs, overland flow paths
and diversion (catch) drains, catchment areas, times of concentration and estimated
peak run-off volumes;
- A completed OSD Detailed Design Checklist;
- A maintenance schedule.
The design and construction of the OSD system must be approved by either Council or
an accredited certifier. This certification must be included with the documentation
approved as part of any Construction Certificate.
A Design Compliance Certificate (DCC) certifying the detailed design of the OSD system
can be issued by Council subject to the following being provided:
i. A completed application form;
ii. Four copies of the design plans and specifications;
iii. Payment of the applicable application and inspection fees.
22. Works on Adjoining Land
Where the engineering works included in the scope of this approval extend into adjoining
land, written consent from all affected adjoining property owners must be obtained and
submitted to Council before a Construction Certificate is issued.
PRIOR TO WORK COMMENCING ON THE SITE
23. Principal Certifying Authority
A sign is to be erected in accordance with Clause 98 A (2) of the Environmental Planning
and Assessment Regulations 2000.
24. 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.
25. 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.
26. 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
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
PAGE 19
requirements, the building plans will be stamped indicating that no further requirements
are necessary.
27. 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.
28. 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).
29. Sydney Water Building Plan Approval
A building plan approval must be obtained from Sydney Water Tap in™ to ensure that
the approved development will not impact Sydney Water infrastructure. A copy of the building plan approval receipt from Sydney Water Tap in™ must be
submitted to the Principal Certifying Authority upon request prior to works commencing.
Please refer to the website http://www.sydneywater.com.au/tapin/index.htm, Sydney
Water Tap in™, or telephone 13 20 92.
30. Separate OSD Detailed Design Approval
No work is to commence until a detailed design for the OSD system has been approved
by either Council or an accredited certifier.
31. 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.
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
32. 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.
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
PAGE 20
33. 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.
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. 648489M_02 are to 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(3)(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.
36. 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.
37. Standard of Works
All work must be carried out in accordance with Council’s Works Specification
Subdivisions/ Developments and must include any necessary works required to make the
construction effective. All works, including public utility relocation, must incur no cost to
Council.
PRIOR TO ISSUE OF AN OCCUPATION AND/OR SUBDIVISION CERTIFICATE
38. Completion of Subdivision Works
A Subdivision Certificate cannot be issued prior to the completion of all subdivision works
covered by this consent.
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
PAGE 21
39. Works as Executed Plans
Works as executed (WAE) plans prepared by a suitably qualified engineer or registered
surveyor must be submitted to Council when the subdivision works are completed. The
WAE plans must be prepared in accordance with Council’s Design Guidelines
Subdivisions/ Developments.
The plans must be accompanied by pavement density results, pavement certification,
concrete core test results, site fill results, structural certification, CCTV recording,
signage details and a public asset creation summary, where relevant.
40. Confirmation of Pipe Locations
A letter from a registered surveyor must be provided with the WAE plans certifying that
all pipes and drainage structures are located within the proposed drainage easements.
41. Provision of Electrical Services
Submission of a notification of arrangement certificate confirming satisfactory
arrangements have been made for the provision of electrical services. This must include
the under-grounding of the existing electrical services fronting the site and removal of all
redundant poles and cables, unless otherwise approved by Council in writing. The
certificate must refer to this development consent and all of the lots created.
42. Section 73 Compliance Certificate
A Section 73 Compliance Certificate issued under the Sydney Water Act 1994 must be
obtained from Sydney Water confirming satisfactory arrangements have been made for
the provision of water and sewer services. Application must be made through an
authorised Water Servicing Coordinator. The certificate must refer to this development
consent and all of the lots created.
Sydney Water’s guidelines provide for assumed concurrence for the strata subdivision of
a development approved by an earlier consent covered by a compliance certificate.
43. Provision of Telecommunication Services
Submission of a telecommunications infrastructure provisioning confirmation certificate
issued by the relevant telecommunications provider authorised under the
Telecommunications Act, or a design compliance certificate and an as-built compliance
certificate from the company engaged to design and construct the pit and pipe
infrastructure, confirming satisfactory arrangements have been made for the provision,
or relocation, of telecommunication services including telecommunications cables and
associated infrastructure. This must include the under-grounding of the existing
telecommunication services fronting the site and removal of all redundant poles and
cables, unless otherwise approved by Council in writing. The certificate must refer to this
development consent and all of the lots created.
44. Subdivision Certificate Application
When submitted, the Subdivision Certificate application must include:
a) One copy of the final plan.
b) The original administration sheet and Section 88B instrument.
c) All certificates and supplementary information required by this consent.
d) An AutoCAD copy of final plan (GDA 1994 MGA94 Zone56).
45. Building Adjacent to Proposed Boundary
Where any part of an existing/ partially constructed building is located within 2m of a
proposed boundary the location of such must be determined by a registered surveyor
and shown on the final plan.
46. Registration of Subdivision
The registration of the proposed subdivision must occur, prior to an Occupation
Certificate being issued.
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
PAGE 22
47. Final Plan and 88B Instrument
The final plan and Section 88B Instrument must provide for the following. Council’s
standard recitals must be used.
i. Easement – Private Stormwater Drainage
Inter-allotment drainage easements must be created to ensure lot 1 is provided with a
legal point of discharge. Easement widths must comply with Council’s Design Guidelines
Subdivisions/ Developments.
ii. Easement – Right of Access/ Easement for Services
A right of access/ easement for services must be created over the access handle of
proposed lot 1.
iii. Positive Covenant – Maintenance/ Repair of Shared Driveway
A positive covenant must be placed on the title of proposed lots 1 and 2 to ensure the
maintenance/ repair of the shared driveway using the “maintenance/ repair of shared
access” terms included in the standard recitals.
iv. Restriction – Bedroom Numbers
All lots that contain a new dwelling home/ attached dwelling must be burdened with a
restriction using the “bedroom numbers” terms included in the standard recitals.
v. Restriction/ Positive Covenant – Onsite Stormwater Detention
Lot 2 must be burdened with a restriction and a positive covenant using the “onsite
stormwater detention systems” terms included in the standard recitals.
48. 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.
49. OSD System Certification
The Onsite Stormwater Detention (OSD) system must be completed to the satisfaction of
the Principal Certifying Authority (PCA) prior to the issuing of an Occupation Certificate.
The following documentation is required to be submitted upon completion of the OSD
system and prior to a final inspection:
a) Works as executed plans prepared on a copy of the approved plans;
b) A certificate of hydraulic compliance (Form B.11) from a suitably qualified engineer
or surveyor verifying that the constructed OSD system will function hydraulically;
c) A certificate of structural adequacy from a suitably qualified structural engineer
verifying that the structures associated with the constructed OSD system are
structurally adequate and capable of withstanding all loads likely to be imposed on
them during their lifetime.
Where Council is not the PCA a copy of the above documentation must be submitted to
Council.
50. Building Services
A letter from a registered surveyor must be submitted certifying that all facilities
servicing the existing/ partially constructed buildings are located wholly within their
respective lot or are otherwise contained within a suitable easement.
51. Landscaping Prior to Issue of Occupation Certificate
Landscaping of the site shall be carried out prior to issue of the Final Occupation
Certificate in accordance with the approved plan. All landscaping is to be maintained at
all times in accordance with THDCP Part C, Section 3 – Landscaping and the approved
landscape plan.
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
PAGE 23
THE USE OF THE SITE
52. Waste and Recycling Collection
All waste generated onsite must be removed at regular intervals and not less frequent
than once weekly for garbage and once fortnightly for recycling. 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.
ATTACHMENTS
1. Locality Plan
2. Aerial Photograph
3. Plan of Subdivision
4. Site Plan
5. Elevations
6. Landscape Plan
DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016
PAGE 28
ATTACHMENT 5 – ELEVATIONS
Southern Elevation
Western Elevation
Northern Elevation
Eastern Elevation
Note: Area of second storey non-compliance circled in red