Development Assessment Unit - The Hills Shire · Construction of a pavilion containing an outdoor...

Development Assessment

Unit

Tuesday, 31 October 2017

THE H

ILLS S

HIR

E C

OU

NC

IL

DEVELOPMENT ASSESSMENT UNIT MEETING 31 OCTOBER, 2017

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 1871/2017/LA - ALTERATIONS AND

ADDITIONS TO AN EXISTING DWELLING - LOT 7

DP 1039393, NO. 16 HOOP PINE PLACE, WEST

PENNANT HILLS

5


PAGE 3

MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE

HILLS SHIRE COUNCIL ON TUESDAY, 24 OCTOBER 2017

PRESENT

Cameron McKenzie Group Manager – Environment & Planning (Chair)

Paul Osborne Manager – Development Assessment Andrew Brooks Manager – Subdivision & Development Certification Daniel Giffney Acting Manager – Environment & Health

Craig Woods Manager – Regulatory Services Janelle Atkins Acting Manager – Forward Planning

Kristine McKenzie Principal Executive Planner

APOLOGIES

Mark Colburt Manager – Environment & Health

TIME OF COMMENCEMENT

8:45am

TIME OF COMPLETION

9:21am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 17 October

2017 be confirmed.

ITEM-2 DA NO. 78/2018/LD - TWO STOREY DWELLING -

LOT 5 DP 1201325 - 168 HIGHS ROAD, WEST

PENNANT HILLS

RESOLUTION

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


PAGE 4

ITEM-3 DA 1949/2017/ZA - CHANGE OF USE TO AN

ATTACHED DUAL OCCUPANCY UNDER SEPP

(AFFORDABLE RENTAL HOUSING) 2009 AND AN

ASSOCIATED SUBDIVISION CREATING TWO STRATA

TITLE RESIDENTIAL LOTS - LOT 11 DP 1200890, 34

BRUHN CIRCUIT, KELLYVILLE

RESOLUTION

The Development Application be refused on the following grounds:

1. The proposed development does not comply with Clause 10 of the State

Environmental Planning Policy (Affordable Rental Housing) 2009 and is unable to be

considered as in-fill affordable housing.

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

2. The proposed development does not comply with the minimum lot size control

established for the site under Clause 4.1 of The Hills Local Environmental Plan 2012.

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

3. The proposed development does not comply with the provisions of Clause 4.1C of

The Hills Local Environmental Plan 2012.

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

ITEM-4 DA 1806/2017/HA - DEMOLITION OF EXISTING

STRUCTURES, TORRENS TITLE SUBDVISION INTO

THREE LOTS AND THE CONSTRUCTION OF A TWO

STOREY DWELLING ON EACH LOT - LOT 29 DP

200734, NO. 32 SHERWIN AVENUE, CASTLE HILL

RESOLUTION

This development application has been referred by Councillors Haselden, Thomas and

Uno to allow the matter to be determined by a full meeting of Council.

END MINUTES


PAGE 5

ITEM-2 DA 1871/2017/LA - ALTERATIONS AND ADDITIONS

TO AN EXISTING DWELLING - LOT 7 DP 1039393,

NO. 16 HOOP PINE PLACE, WEST PENNANT 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: 31 OCTOBER 2017

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR TOWN PLANNER – SPECIAL PROJECTS

JUSTIN KEEN

RESPONSIBLE OFFICER: PRINCIPAL EXECUTIVE PLANNER

KRISTINE MCKENZIE

Applicant Planning Approvals

Owner S Smith and S Smith

Notification 14 days

Number Advised Five

Number of Submissions Two

Zoning E4 Environmental Living

Site Area 2,183m2

List of all relevant

s79C(1)(a) matters

Section 79C (EP&A Act) – Satisfactory.

LEP 2012 – Satisfactory.

DCP Part B Section 2 Residential – Variations required,

see report.

Section 94A Contribution: $5,317.00

Political Donation None Disclosed

Reason for Referral to DAU 1. Variations to DCP

2. Submissions received.

Recommendation Approval subject to conditions

EXECUTIVE SUMMARY

The Development Application is for demolition works, alterations and additions to the

existing dwelling, landscaping and associated works.


PAGE 6

The proposed development seeks variations to the DCP standards for restricted

development areas, building setbacks and cut and fill. The proposed works are

appropriately located and will not result in unreasonable impacts to adjoining properties.

The application was notified and submissions from two properties were received. The

issues raised primarily relate to the use of the site as a place of public worship and

compliance with the maximum site coverage control. The use of the site has been

investigated and there is no evidence that it is being used as a place of worship. The

proposed works will reduce the existing site coverage and as a result will increase the

landscaped area.

The application is recommended for approval subject to conditions.

BACKGROUND

A Development Application for a two storey dwelling, in-ground swimming pool and

retaining walls was approved on 27 March 2003. The subject DA was lodged on 8 June

2017.

PROPOSAL

The Development Application is for demolition works, alterations and additions to the

existing dwelling, landscaping and associated works as follows:

Demolition of the existing inground swimming pool, pool surrounds including

paving and cabana, concrete terrace and turfed terraces;

Addition to the south-western corner of the existing dwelling for a laundry;

Construction of a pavilion containing an outdoor kitchen, barbeque, water feature

and sunken outdoor lounge area;

Installation of a bi-fold door to the new pavilion area; and

Paving, turfed areas and associated retaining walls.

ISSUES FOR CONSIDERATION

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

The proposal has been assessed against the provisions of Development Control Plan Part

B Section 2 – Residential.

In regard to site coverage and landscape area, the DCP limits site coverage to a

maximum of 30% and requires a minimum landscape area of 70% in the E4

Environmental Living zone. The existing works do not comply with the DCP requirements

as follows:

The existing site coverage is 39.31% which will be reduced by the proposal to a

site coverage of 37.2%.

The existing landscape area is 60.69% which will be increased to 62.8%.


PAGE 7

The proposed works include the demolition/removal of existing structures, paving and

similar. The proposed works will reduce the existing site coverage and as a result will

increase the landscaped area. The proposal is considered to satisfy the objectives of the

DCP requirements and will result in an improved outcome.

Apart from the above, the proposed development achieves compliance with the relevant

requirements of the Development Control Plan with the exception of the following:

DEVELOPMENT

CONTROL

DCP

REQUIREMENTS

PROPOSED

DEVELOPMENT

COMPLIANCE

Restricted

Development Areas

Development is to be

limited at specified

environmentally

sensitive locations as

identified on the

locality maps for this

Section of the DCP

(Part B Section 2)

The proposed

development

encroaches into the

restricted

development area.

No, however the

works will not

have an

unreasonable

impact on the

RDA.

Building Setbacks For battle-axe

allotments, dwellings

shall be set back a

minimum distance to

three sides only of

the lot of 4m for the

single storey element

and 6m for the 2 and

3 storey elements.

The subject site is a

battle-axe

allotment. The

pavilion proposes a

north-eastern side

setback of 495mm-

1.318m and a

north-western side

setback of 200mm-

1.032m.

No, however the

setbacks will not

unreasonably

impact on privacy

to the adjoining

properties.

Cut and Fill Where plans show an

excess of 600mm of

filling, and, provided

that the filling does

not exceed 1.5

metres, a condition of

approval will be

imposed requiring a

concealed dropped

edge beam to contain

the fill in excess of

600mm. Should the

plans show an excess

of filling above 1.5

metres, the applicant

will be requested to

amend the design to

reduce the filling

requested.

The proposed

demolition of the

swimming pool

requires fill to a

maximum of 2m.

The fill within the

building footprint

for the proposed

laundry will be a

maximum of 1.5m

and contained

within a dropped

edge beam.

Additional fill is

proposed in the

rear yard to provide

a level site to a

maximum of

700mm.

No, however the

fill is required due

to the demolition

of the pool and to

improve the

amenity of the

rear yard.

a) Restricted Development Areas

The DCP requires that development be limited at specified environmentally sensitive

locations. The site is burdened by a restricted development area which affects the

majority of the site, and is also burdened by the following restriction on the 88B

Instrument:


PAGE 8

Terms of Restriction on the Use of Land thirdly referred to in the abovementioned plan

Residential development on that part of the lot burdened and designated (D1) on the

abovementioned plan, is restricted to be carried out in accordance with the requirements

of Baulkham Hills Council’s Local Environmental Plan (1991) Division 3, Clause 33.

Attachment 2 shows the location of the area designated as (D1) and Attachment 6

shows the location of the restricted development area.

Clause 33 of LEP 1991 primarily states that development consent is required for any

work in a restricted development area.

The development proposes a ‘sunken lounge area’ within the area designated as (D1).

The sunken lounge area was originally a cantilevered structure protruding beyond the

existing retaining walls into the area designated as (D1). The proposal has been

amended to remove the cantilevered portion of the sunken lounge area which reduces

the extent of work in the designated (D1) area.

The applicant has provided the following justification for the variation.

We have moved the sunken area back towards the pavilion and also changed the shape

to remove the cantilevered section. This means that even though a portion of the sunken

lounge extends into the RDA, nothing is projecting past the line of the existing concrete

and retaining walls currently on site. This provides compliance with the objectives of the

RDA.

Comment:

The relevant objectives of this clause of the DCP are:

(i) To protect sensitive land from development in order to retain natural drainage

channels, vegetation and topographic features in accordance with Council’s ESD

Objective 6.

(ii) To reduce the risk to development arising from geotechnical constraints.

The site is burdened by a restriction on title required that residential development on

that part of the lot burdened and designated (D1) be restricted in accordance with the

requirements of Baulkham Hills Council’s Local Environmental Plan (1991) Division 3,

Clause 33. Although the Baulkham Hills LEP 1991 has been repealed by The Hills Local

Environmental Plan 2012, the site is still mapped as landslide risk affected (as per Clause

7.6 of The Hills LEP 2012). As this has been superseded, The Hills LEP 2012 provisions

are required to be taken into account.

The proposal has been amended to reduce the extent of development in the area

designated as (D1) on the 88B Instrument, limiting the proposal to not extend beyond

the existing retaining walls.

Clause 1.9A of LEP 2012 enables Council to suspend covenants to permit development

that is permissible within the zone. Clause 1.9A states:

1.9A Suspension of covenants, agreements and instruments

(1) For the purpose of enabling development on land in any zone to be carried out in

accordance with this Plan or with a consent granted under the Act, any

agreement, covenant or other similar instrument that restricts the carrying out of

that development does not apply to the extent necessary to serve that purpose.


PAGE 9

The proposed works are permissible under the LEP. Furthermore, a geotechnical

investigation was also submitted to Council for assessment and the development as

proposed has been assessed to have a “Very Low to Low” Risk Level. The geotechnical

investigation has been reviewed by Council’s Subdivision Engineer and the proposal is

considered satisfactory subject to conditions of consent (See Condition 12).

Accordingly, it is considered that the proposal is satisfactory and can be supported.

b) Building Setbacks

The DCP requires that for battle-axe allotments, the dwelling shall be set back a

minimum distance to three sides only of the lot of 4m for the single storey element and

6m for the 2 and 3 storey elements. The proposed pavilion will result in a north-eastern

side setback of 495mm-1.318m and a north-western side setback of 200mm-1.032m.


The variation satisfies the objectives of the control as follows:

The proposed additions will have no impact to the streetscape being positioned in

the side/rear yard of an internal allotment and will not be visible from the street;

The additions being at ground level, and on a building platform which is currently

below the finished ground levels to the nearest neighbours, will not cause undue

impact to their amenity of privacy;

The height of the addition, in relation to existing ground levels to neighbours, and

the position of addition being to the North East and North West of the site will not

overshadow properties nearest the works for more than 3 hours on 21 June; and

The proposed additions design and siting is in direct response to the site

constraints of the site, where little other options are available to the design.

Compliance is unreasonable and unnecessary because:

The design of the dwelling is an appropriate and contemplated design solution for

the site having regard to the steep topography and the easements affecting the

site;

The provision of a covered outdoor area ancillary to the existing dwelling house at

site could only be positioned as designed, given the topographical constraints of

the site;

The addition will not be visible from the street, therefore no impact to

streetscape, will not have a significant adverse impact to neighbour's solar access

or privacy given the proposed structures height in relation to finished ground

levels of neighbouring sites (uphill); and

The numerical non-compliance with the DCP will have no impact upon the natural

or built environment.

Consideration was given to designing strictly to the setbacks control, however, this

would have necessarily meant that the pavilion would need to be repositioned to the

South West of the dwelling (and into restricted area subject to landslide and stormwater

controls) or the pavilion width be substantially reduced (by some 3m) to achieve the

setback control. A reduction of such proportions would result in a narrow pavilion which

would not offer a practical use and would essentially defeat the purpose of the proposed

covered outdoor area.


PAGE 10

Comment:

The relevant objectives of this clause of the DCP are:

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

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

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

constraints and established character of the street and locality.

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

enhances the streetscape.

The proposed pavilion provides a north-eastern side setback of 495mm-1.318m and a

north-western side setback of 200mm-1.032m.

The proposal will not result in adverse privacy impacts to adjoining properties due to the

existing nature of the site, being sited lower than adjoining properties, and the single

storey nature of the works. The adjoining properties also continue to achieve 50% of

direct sunlight to their private open space areas for a minimum of 4 hours between 9am

and 3pm on June 21, achieving compliance with the DCP.

The non-compliance will not be visible from the street as the subject site is a battle-axe

allotment. The proposal will be required to achieve compliance with the Building Code of

Australia (BCA), including the components of the dwelling which protrude beyond the

standard 900mm side setback requirement.

The proposal is not considered to result in any unreasonable impact beyond that of a

compliant development, and is therefore considered a suitable outcome for this

particular site.

Accordingly, it is considered that the proposed setbacks satisfy the objectives of the

DCP.

c) Extent of Cut

The DCP allows maximum fill of 600mm. The filling of the existing swimming pool

involves fill to a maximum of 2m. In addition, fill to a maximum of 1.5m is required for

the laundry which will be contained within a dropped edge beam, and fill works are

proposed in the rear yard to a maximum of 700mm.


The variation satisfies the objective of the control as follows:

The filling earthworks involve a minor variation to the control.

The proposed earthworks have been considered by consultant geotechnical

engineers and civil engineers in relation to landslide risk and hydraulic issues, and

is supported.

The proposed earthworks are necessary to provide access to areas of the site

which would otherwise (or currently are) inaccessible or impractical for occupant

use.

Compliance is unreasonable and unnecessary because:


PAGE 11

The site is subject to geotechnical and flooding constraints are of such an extent

that earthworks variations are near impossible to avoid in any attempt to improve

outdoor recreational spaces ancillary to the existing dwelling use.

The strict application of numerical controls in relation to fill height would mean

that additional retaining walls/terraces would be necessary to keep levels to or

under 600mm. Such an imposition would unnecessarily require additional

structures which increases the landslide risk and creates further points of

consideration by engineers.

Additional terracing (of reduced heights of maximum 600mm) would not improve

or minimise impacts on the landform in this instance.

Comment:

The relevant objective of this clause of the DCP are:

(i) To ensure that dwellings are designed with regard to site conditions and minimise

the impact on landform.

The filling of the pool will not result in any unreasonable adverse impacts to

neighbouring properties and will improve the overall amenity of the rear yard. In regards

to the additional earthworks, the proposal has been subject to a geotechnical report and

the development as proposed has been assessed to have a “Very Low to Low” Risk Level.

The fill for the laundry is within the building footprint and will be contained by a dropped

edge beam (refer proposed Condition 28). Additional fill is proposed in the rear yard to

provide a level site to a maximum of 700mm. The fill in the yard has been considered

with the proposed works and is considered to be an appropriate landscape outcome for

the site. The proposed variation to the fill control is considered to be acceptable in this instance.

2. Issues Raised in Submissions

The proposal was exhibited and notified for 14 days. The issues raised in the

submissions are summarised below.

ISSUE/OBJECTION COMMENT

The dwelling is currently being used as a

place of public worship, and the proposed

alterations and additions will intensify

this use.

There is no approval for a place of public

worship at the subject site, and the subject

application does not include a place of public

worship use. The concern was referred to

Council’s DMT officers for investigation, and no

evidence was found that the dwelling is

currently being used as a place of public

worship.

The Hills DCP 2012 – Part B, Section

2.14.2 – Site Coverage has a maximum

site coverage of 30% for the land zoned

E4 Environmental Living. The proposed

entertaining pavilion and additional hard

surface with the filling of the swimming

pool for this purpose may result in non-

compliance with the DCP site coverage

requirement for the subject site.

An E4 Environmental Living zone is permitted

to have a maximum site coverage of 30%. The

existing site coverage is 39.31% which will be

reduced by the proposal to 37.2%. The

reduction is due to the demolition of the pool

and removal of existing paving and similar. The

proposed site coverage is considered to be

satisfactory.


PAGE 12

3. Internal Referrals

The application was referred to following sections of Council:

DMT

Subdivision (Engineering)

Environmental Health

Forward Planning (Section 94A)

No objection was raised to the proposal subject to conditions.

CONCLUSION

The Development Application has been assessed against the relevant heads of

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

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

Section 2 – Residential and is considered satisfactory.

The issues raised in the submissions have been addressed in the report and do not

warrant refusal of the application.

Approval is recommended subject to conditions.

IMPACTS

Financial

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

estimates.

The Hills Future Community Strategic Plan

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

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

development provides for satisfactory urban growth without adverse environmental or

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

the streetscape and general locality.

RECOMMENDATION

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

GENERAL MATTERS

1. Development in Accordance with Submitted Plans

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

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

conditions of consent.


PAGE 13

REFERENCED PLANS AND DOCUMENTS

DRAWING NO. DESCRIPTION SHEET DATE

C.P.5-1 Site Plan and

Landscape Concept

Plan

1 of 3 21/08/2017

C.P.5-2 Sections/Elevations 2 of 3 21/08/2017

C.P.5-3 Floor Plan and

Section/Elevation

3 of 3 21/08/2017

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. 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. Demolition Notification

Both Council and any adjoining properties must be notified in writing five days before

demolition works commence.

4. 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.

5. 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


PAGE 14

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.

6. External Finishes

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

development application and approved with this consent.

7. 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.

8. Demolition Inspections

Before demolition works commence, a pre-demolition inspection must be arranged with

Council’s Development Certification team. All conditions required to be addressed before

works commence must be satisfied. Once demolition works are complete, a post

demolition inspection must be arranged with Council’s Development Certification team.

Fees apply and are to be paid prior to or at the time of booking the inspection. The

Development Certification Team can be contacted to book and pay for inspections on

9843 0431.

9. Air Conditioner Location

Air-conditioning unit location is to be a minimum 450mm from the side/rear boundary,

and is to comply with SEPP (Exempt and Complying Development Codes) 2008

requirements.

10. Wood Fuelled Oven

The use of the wood fuelled pizza over shall not cause a nuisance to others and not

cause offensive smoke as defined under the Protection of the Environmental Act 1997.

Excessive smoke means: the emission of a visible plume of smoke from the chimney or

flue for a continuous period of not less than 10 minutes, including a period of not less

than 30 seconds when the plume extends at least 10 metres from the point at which the

smoke is emitted from the chimney or flue.

Only clean dry seasoned hardwood is to be used for fuel and clean dry kindling used for

the fire start up.

Waste shall not be burnt and treated or painted wood must never be used as fuel.

11. Site Drainage

Stormwater from the roof and the surface runoff of the proposed addition must be

directed to the existing OSD in accordance with the Stormwater Drainage plan 17259-

C02.01 Revision A dated 29/05/2017.

12. Geotechnical Sensitivity of the Site

The development must be considerate to the geotechnical risks associated to the site

during all phases of the development including construction and occupation.

The works must be carried in accordance with a ‘Construction Risk Management Plan’ to

be recommended by the geotechnical engineer. The risk management plan shall be

prepared to detail appropriate controls to be reflective to the hazard and risk levels in

relation to the site.

All site works to be carried out under the supervision of a suitably qualified geotechnical

person and be certified upon completion.


PAGE 15

PRIOR TO WORK COMMENCING ON THE SITE

13. 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 and receipt from Sydney Water Tap in™ (if not

already provided) 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.

14. 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.

15. Erosion and Sedimentation Controls

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

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

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

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

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

the NSW Department of Housing (Blue Book).

16. 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).

17. 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.

18. Demolition Works and Asbestos Management

The demolition of any structure is to be carried out in accordance with the Work Health

and Safety Act 2011. All vehicles transporting demolition materials from the site are to

have covered loads and are not to track any soil or waste materials on the road. Should

demolition works obstruct or inconvenience pedestrian or vehicular traffic on adjoining

public road or reserve, a separate application is to be made to Council to enclose the

public place with a hoard or fence. All demolition works involving the removal and

disposal of asbestos (of an area more than 10 square metres) must only be undertaken

by a licenced asbestos removalist who is licenced to carry out the work. 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.

Asbestos removal must be carried out in accordance with the WorkCover, Environment

Protection Authority and Office of Environment and Heritage requirements. Asbestos to

be disposed of must only be transported to waste facilities licenced to accept asbestos.

No asbestos products are to be reused on the site.


PAGE 16

19. 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.

20. Principal Certifying Authority

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

and Assessment Regulations 2000.

DURING CONSTRUCTION

21. Hours of Work

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

Monday to Saturday - 7.00am to 5.00pm;

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

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

regarding the hours of work.

22. Survey Certificate

A survey certificate signed and dated (including contact details) from a registered land

surveyor may be requested by the Principal Certifying Authority at footings and/or

formwork stage. The certificate shall indicate the location of the building/structure in

relation to all boundaries, and shall confirm the floor/coping level prior to any work

proceeding on the building/structure.

23. Compliance with BASIX Certificate

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

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

No. A282305_03 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.

24. 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.


PAGE 17

25. Roof Water Drainage

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

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

upon installation of roof coverings.

26. Landscaping Works

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

to be undertaken generally in accordance with the approved plans.

27. 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.

28. Dropped Edge Beam

All fill is to be contained within the dropped edge beam as shown on the approved plans.

The dropped edge beam is to extend to natural ground level. No fill is to be placed to the

exterior of the building unless otherwise shown on the approved plans.

THE USE OF THE SITE

29. Maintenance of Landscaping Works

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

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

30. Lighting

Any lighting on the site shall be designed so as not to cause a nuisance to other

residences in the area and to ensure no adverse impact on the amenity of the

surrounding area by light overspill. All lighting shall comply with the Australian Standard

AS 4282:1997 Control of Obtrusive Effects of Outdoor Lighting.

ATTACHMENTS

1. Locality Plan

2. Zoning Map

3. Aerial Photograph

4. Site Plan

5. Elevations/Section

6. Restricted Development Area

7. Detail of Entertaining Aea


PAGE 18

ATTACHMENT 1 – LOCALITY PLAN


PAGE 19

ATTACHMENT 2 – ZONING MAP


PAGE 20

ATTACHMENT 3 – AERIAL PHOTOGRAPH


PAGE 21

ATTACHMENT 4 – SITE PLAN


PAGE 22

ATTACHMENT 5 – ELEVATIONS/SECTION


PAGE 23


PAGE 24

ATTACHMENT 6 – RESTRICTED DEVELOPMENT AREA


PAGE 25

ATTACHMENT 7 – DETAIL OF ENTERTAINING AREA

Development Assessment Unit - The Hills Shire · Construction of a pavilion containing an outdoor...

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