Development Assessment Unit - The Hills Shire

Development Assessment

Unit

Tuesday, 01 March 2016

THE H

ILLS S

HIR

E C

OU

NC

IL

DEVELOPMENT ASSESSMENT UNIT MEETING 01 MARCH, 2016

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA NO. 277/2015/HB - DEMOLITION OF

EXISTING STRUCTURES AND CONSTRUCTION OF

A MULTI DWELLING HOUSING DEVELOPMENT -

LOT 2 DP 503417 - 44 OLD CASTLE HILL ROAD,

CASTLE HILL

5

ITEM-3 DA NO. 396/2016/HA - EXISTING SHED TO BE

USED AS AN INDOOR RECREATION FACILITY

(TEENAGERS RETREAT, OFFICE, STUDIO AND

STORAGE) - LOT 9 DP 241639 - NO. 18 JOYLYN

ROAD, ANNANGROVE

49

ITEM-4 DA NO. 465/2016/LD - DEMOLITION OF

EXISTING STRUCTURES AND CONSTRUCTION OF

A TWO STOREY DWELLING, INGROUND

SWIMMING POOL AND RETAINING WALLS - LOT

453 DP 228905 - 7 SANDRINGHAM DRIVE,

CARLINGFORD

67


MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS

SHIRE COUNCIL ON TUESDAY, 23 FEBRUARY 2016

PRESENT

Cameron McKenzie Group Manager – Environment & Planning (Chair)

Andrew Brooks Manager – Subdivision & Development Certification

Angelo Berios Acting Manager – Environment & Health

Craig Woods Manager – Regulatory Services

Bronwyn Smith Principal Forward Planner

Kristine McKenzie Principal Executive Planner

APOLOGIES

Mark Colburt Manager – Environment & Health

Paul Osborne Manager – Development Assessment

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 16 February

2016 be confirmed.

ITEM-2 DA NO. 1587/2014/HB - MULTI UNIT HOUSING

DEVELOPMENT CONTAINING 28 UNITS - LOT 46 DP

650442, RMB 57 WINDSOR ROAD, BAULKHAM HILLS

RESOLUTION

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 5m wide (minimum) drainage easement over the downstream

properties, Lot 45 DP 215026, Lot 17 DP 1200327, SP 44999 and SP 67643. The

easement must extend north along the planned alignment of Stone Mason Drive

within Lot 45 DP 215026 and along the northern boundary of Lot 45 DP 215026

between Stone Mason Drive and Lot 17 DP 1200327, all the way to a legal point of

stormwater discharge, namely the natural watercourse within SP 44999 and SP

67643.

2. As the easement will drain stormwater runoff from a public road (Stone Mason

Drive); it must be an easement in gross in favour of Council. The total catchment

this easement will service includes 57, 59, 61, 63 and 65 Windsor Road as well as

Lot 17 DP 1200327.

3. The easement must not be created until the design of the associated stormwater

system, which will include both a piped and overland flow component according to

the minor/ major design criteria outlined in Council’s Design Guidelines for

Subdivision/ Development, has progressed to the stage that the location,

alignment, width and extent of the easement is known, as approved by Council’s

Manager – Subdivision and Development Certification, in consultation with the

affected property owners listed. The design criteria relating to these works are set

out under the condition entitled “engineering works and design” included later in

this consent.

4. The creation of a second 1.5m wide private/ inter-allotment drainage easement

along the western boundary of Lot 45 DP 215026 extending from the subject site

to the easement required to be created under point (1) above.

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 conditions as set out in the report with the exception of Condition 34 which

is to be deleted.

END MINUTES


PAGE 5

ITEM-2 DA NO. 277/2015/HB - DEMOLITION OF EXISTING

STRUCTURES AND CONSTRUCTION OF A MULTI

DWELLING HOUSING DEVELOPMENT - LOT 2 DP

503417 - 44 OLD CASTLE HILL ROAD, CASTLE HILL

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: 1 MARCH 2016

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: DEVELOPMENT ASSESSMENT CO-ORDINATOR

JAMES MCBRIDE

RESPONSIBLE OFFICER: MANAGER DEVELOPMENT ASSESSMENT

PAUL OSBORNE

The Development Application is for the demolition of existing structures and construction

of a multi-dwelling housing development comprising of seven dwellings with associated at-

grade car parking for 17 vehicles. The proposed multi-unit dwellings will be two storeys

(three of which will have underfloor parking) and comprise 2 x 4 bedroom and 5 x 3

bedroom dwellings.

The proposed development will rely upon vehicular access provided via a crossing to Old

Castle Hill Road with the exception of Townhouse 5 which will be reliant upon an existing

easement for a right of carriageway wholly located on the adjoining property known as No.

42 Old Castle Hill Road, Castle Hill. Part of the subject site being 44 Old Castle Hill Road

(Lot 2 DP 503417) benefits from an existing easement for a right of carriageway 6.1

metres wide located on the adjoining property known as 42 Old Castle Hill Road (Lot 13

DP 261440). The right of carriageway contains an existing driveway which is

approximately 3 metres wide. Given that the proposal will not require any physical works

to be carried out within the right of carriageway, the consent of the owner (Lot 13 DP

261440) is not required. Furthermore, legal advice has been submitted by the applicant

that indicates that townhouse 5 has entitlement to the right of carriageway and will have

the same entitlement in a future subdivision.

The proposal has been assessed against the relevant provisions of the Hills Development

Control Plan 2012 (DCP). Variations to the building envelope, finished floor levels,

landscaping, car parking design, common open space, private open space and front fence

design have been identified. The variations are addressed in the body of the report and

are considered to be satisfactory.

The Development Application was notified to adjoining properties and placed on public

exhibition for a period of 14 days on two separate occasions. In response, three

submissions were received during the first notification period and five submissions were

received during the second notification period. In summary, the submissions raised

concern with respect to the use of the right of carriageway, traffic, tree removal/retention,

privacy and amenity impacts associated with the proposed development. The issues raised

within the submissions are not considered to warrant further amendment or refusal of the

application.


PAGE 6

The Development Application is recommended for approval subject to conditions of

consent.

BACKGROUND MANDATORY REQUIREMENTS

Applicant: Urban Link Pty Ltd 1. LEP 2012 – Permissible with

Consent.

Owner: Huasheng Austra

Pty Ltd

2. THDCP Part B, Section 4 – Multi

Dwelling Housing – Variations

proposed, see report.

Zoning: R3 Medium

Density Residential

3. Section 79C (EP&A Act) –

Satisfactory.

Area: 2,205.5m²

4. Section 94 Contribution -

$23,277.47

Existing Development: Two single

dwellings with

ancillary structures

SUBMISSIONS REASONS FOR REFERRAL TO DAU

1. Exhibition: Yes, fourteen (14)

days on two

separate

occasions.

1.

2.

Submissions Received.

Variations to the DCP.

2. Notice Adj Owners: Yes, fourteen (14)

days on two

separate

occasions.

3. Number Advised: 18 property

owners.

4. Submissions

Received:

Three (3)

submissions

received during

first exhibition

period and five (5)

submissions

received during

second exhibition

period.

POLITICAL DONATION – None disclosed


PAGE 7

HISTORY

24/09/2012 Development Application No. 353/2013/HB lodged for the

demolition of existing structures and construction of 4 x 3

Bedroom Villas.

16/04/2013 Development Application No. 353/2013/HB for the demolition of

existing structures and construction of 4 x 3 Bedroom Villas

was refused by Council’s Development Assessment Unit. The

Application involved the site known as 44 Old Castle Hill Road,

Castle Hill and was refused on the basis of DCP non-

compliances in addition to the application not having owner’s

consent. The application involved physical works within the

adjoining right of way within 42 Old Castle Hill Road, Castle Hill

which did not have the consent of the adjoining land owner.

06/12/2013 Pre-lodgement meeting held at Council (89/2014/PRE) for Nos.

44 and 46A Old Castle Hill Road for the proposed development

of 8 townhouses.

28/08/2014 Subject Development Application lodged.

07/10/2014 The applicant was requested to submit additional information

relating to the consent of the adjoining property owner with

respect to the use of the right of way. Additionally, the

applicant was requested to submit amended plans pertaining to

issues identified with the design of the building envelope,

private open space, density, privacy, parking, landscaping and

engineering matters.

17/11/2014 The applicant was requested to provide a status update with

respect to the outstanding information.

24/12/2014 The applicant submitted concept plans accompanied by legal

advice to support the vehicular access arrangement via the

right of way located within the adjoining property. The concept

plans result in the deletion of one townhouse and an

amendment to the vehicular access to reduce the reliance on

the right of way to a single townhouse.

30/01/2015 The applicant was advised that the driveway within the right of

way was required to be extended to a minimum width of 5.5

metres requiring the consent of the adjoining land owner.

27/02/2015 The applicant requested clarification on the extent of works

required within the right of way and advised that an agreement

to carry out works within No. 42 Old Castle Hill Road, Castle Hill

was being negotiated with the land owner.

03/03/2015

Correspondence received from the owner of No. 42 Old Castle

Hill Road, Castle Hill raising concern that the proposed

development would impact upon the condition of the existing

right of way and that the intensification of the right of way

cannot be supported without their consent.


PAGE 8

30/03/2015

Follow up email sent to the applicant with respect to the status

of obtaining owner’s consent from No. 42 Old Castle Hill Road,

Castle Hill.

05/05/2015 The applicant was provided 14 days to submit additional

information.

12/05/2015 The applicant submitted a concept plan demonstrating an

arrangement whereby works would not be required within the

adjoining right of way. The concept plan includes the provision

of a turning bay adjacent to the right of way.

12/05/2015 The applicant was advised that the concept plan may be

acceptable without the consent of No. 42 Old Castle Hill Road

provided that manoeuvring into Townhouse No. 5 could be

achieved within the existing right of way.

25/05/2015 The applicant requested an extension of time to submit

additional information.

16/06/2015 The applicant was provided 7 days to submit additional

information.

22/06/2015 Amended plans submitted by the applicant. The amendments

include the deletion of one townhouse, provision of a new

vehicular crossing to Old Castle Hill Road and other design

changes. It is noted that the consent of No. 42 Old Castle Hill

Road, Castle Hill is not provided.

02/07/2015 The Development Application was renotified for 14 days as a

result of amendments to vehicular access, the revised location

of the common open space area and the deletion of one

townhouse.

17/08/2015 The applicant was requested to submit additional information

relating to engineering matters relating to the driveway design.

04/09/2015 The applicant submitted a revised driveway design and traffic

statement.

11/09/2015 The applicant was requested to submit a revised sightline

analysis for internal traffic movements.

07/10/2015 The applicant submitted a revised driveway design and traffic

statement.

18/11/2015

The applicant was requested to submit amended plans in

relation to inconsistencies identified through the plan set. The

inconsistencies related to the driveway alignment.

08/12/2015 The applicant submitted amended plans.


PAGE 9

21/12/2015 The applicant was requested to provide further legal advice in

relation to the use of the right of carriageway and the status of

the right of carriageway in the event that the site is subdivided

under a Strata scheme.

23/12/2015

The applicant submitted further legal advice.

SITE AND SURROUNDS

The subject site has a frontage of 33.7 metres and an area of 2,205m2. The site slopes

away from Old Castle Hill Road with a fall of approximately 7.5 metres from the north-east

corner to the north-west corner.

Part of the subject site being 44 Old Castle Hill Road (Lot 2 DP 503417) benefits from an

easement for a right of carriageway 6.1 metres wide located on the adjoining property

known as 42 Old Castle Hill Road (Lot 13 DP 261440).

The subject site is adjoined by single dwellings to the north, east and south and Old Castle

Hill Road to the west. The area is characterised by a mix of low and medium density

housing. The subject site is not located within the Castle Hill North Precinct however is

bounded by properties on the opposite side of Old Castle Hill that are located within the

precinct. It is noted that the precinct boundary is located two properties to the south of

the subject site.

THE PROPOSAL

The Development Application is for the demolition of existing structures and construction

of a multi-dwelling housing development comprising of seven dwellings with associated at-

grade car parking comprising of 17 spaces. The proposed multi-unit dwellings will be two

storeys and comprise 2 x 4 bedroom and 5 x 3 bedroom dwellings.

The proposed built form will comprise of attached two storey dwellings in three separate

groups. Three dwellings are located parallel to the frontage of Old Castle Hill Road and will

have underfloor parking using the topography of the land. Two dwellings are located

parallel to the rear boundary and will have at-grade parking within an attached garage.

The remaining two dwellings are located parallel to an existing right of carriageway that is

located within the adjoining property to the south. Proposed townhouse no. 5 will rely

upon vehicular access to the right of carriageway with the remaining dwellings accessing

Old Castle Hill Road from a driveway directly to Old Castle Hill Road.

Private open space and ground floor living areas are orientated to the north-east.

Townhouses 1-3 will have elevated private open space areas which are screened by

horizontal privacy slats to a height of 1.8 metres. The common open space area is located

to the rear of the site and will contain a children’s play area. Pedestrian access is provided

adjacent to the proposed driveway.

Townhouse No. 1 is proposed to be an adaptable dwelling and is capable of compliance

with the Building Code of Australia, Premises Standard and applicable Australian

Standards as outlined in the submitted access report prepared by Accessible Building

Solutions.


PAGE 10

The proposed building materials for the dwellings include masonry brick and two tone

painted cement render. The roof will comprise of concrete tiles whilst the front and

courtyard fences will be masonry with vertical timber slats.

The proposed landscape scheme will include planting along the boundary interfaces of the

development including the front setback and adjacent to the internal driveway. Retaining

walls are proposed along sections of the northern and eastern boundaries with a maximum

height of 800mm. The proposal includes the removal of 14 trees and the retention of 5

trees.

The proposed stormwater management of the site will involve the discharge of stormwater

to an underground on-site detention system with overflow to be directed to an existing

drainage easement which discharges downstream to Heatherbrae Place.

It is noted that the proposal was amended during the course of assessment to delete one

dwelling and to provide independent vehicular access to the site. The original proposal was

fully reliant upon the existing right of carriageway within the adjoining property for

vehicular access.

ISSUES FOR CONSIDERATION

1. The Hills Local Environmental Plan 2012

Pursuant to The Hills Local Environmental Plan 2012 (LEP), the subject site is zoned R3

Medium Density Residential. This type of development is categorised as “multi dwelling

housing” under the LEP which is defined as follows:

“multi dwelling housing means 3 or more dwellings (whether attached or detached) on one

lot of land, each with access at ground level, but does not include a residential flat

building.”

Under the provisions of the LEP, multi dwelling housing is permissible in the R3 Medium

Density Residential zone.

The maximum building height permitted for the site under Clause 4.3 of the LEP is 9

metres. The maximum proposed height is 9 metres to the roof ridgeline of townhouse 3.

Clause 4.4 of the LEP does not impose a maximum floor space ratio (FSR) for the site,

therefore, the scale of the development is limited by the density requirements of DCP Part

B Section 4 – Multi Dwelling Housing.

Clause 6.2 requires that development consent must not be granted unless the Council is

satisfied that public utilities are available for future development. In this regard, a

condition will be recommended to be imposed requiring a certificate from each service

authority stating that they are satisfied that services have been provided to their

requirements.

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

provisions of the LEP.

2. The Hills Development Control Plan 2012

The proposed development has been assessed against the relevant development

standards and objectives of THDCP Part B, Section 4 – Multi Dwelling Housing. The

following variations are proposed:-


PAGE 11

Development

Standard

THDCP Part B Section 4

Requirements

PROPOSED COMPLIES

3.1 Site

requirements

(c) Battle-axe access

driveway - Prohibited

The proposal is

partially reliant upon

an existing battle-axe

driveway located

within Lot 13 DP

261440 (42 Old Castle

Hill Road, Castle Hill).

No – Refer to

Section 2(a) of

this report.

3.3 Setbacks

Building

Alignment

2nd storey component –

6m

Second storey to

townhouse 5 is 5.7

metres.

No – Refer to

Section 2(b) of

this report.

3.4 Building

Heights

Developments on sloping

sites are to be stepped so

that the floor level of

habitable rooms does not

exceed one metre above

or below natural ground

level when measured at

any point on the ground

floor.

Given the provision of

underfloor parking, the

finished floor level of

townhouse 1, 2 and 3

will be more than 1

metre above natural

ground level.

No – Refer to

Section 2(c) of

this report.

3.6 Building

Separation and

Driveway

Treatment

Where a unit fronts the

driveway a 2m wide

landscape area must be

provided between the unit

and the driveway (except

where entrance and

garages are located).

Min. 2m wide landscape

area between the

driveway and any

adjoining property

boundary.

Two metres of

landscaping not

provided adjacent to

turning bay and main

driveway.

No – Refer to

Section 2(d) of

this report.

3.7 Landscaped

Area

Minimum of 50% of the

site exclusive of access

driveways and parking.

1073 square metres of

landscaped area

provided. This equates

to 48% of the site

area.

No – Refer to

Section 2(e) of

this report.


PAGE 12

3.12 Open

Space

A. Private open space:

- One continuous area of

private open space equal

to 50% of the floor area

of the dwelling shall be

provided for each

dwelling.

- Private open space

areas are to be

contiguous to the dwelling

for which it is provided

and have a minimum

useable area of 5m x 5m.

B. Common open space:

- Common open space

areas comprising a

children’s play area shall

be provided on the site

behind the building line,

for developments of more

than five (5) dwellings.

- The common open

space is to be centrally

located and regularly

shaped and must meet

the following criteria:

5 or less units – Not

required

6 – 14 units - min.

144m2 with min. 12m x

12m dimensions

15 or more units - 10m2

per unit with minimum

dimension of 12m

The private open

space areas are not

continuous.

Private open space

areas are contiguous

to the dwelling

however townhouse 3

does not provide for a

minimum useable area

of 5m x 5m.

The proposed common

open space area will

comprise an area of

132 square metres

and will not meet the

dimension

requirements of 12m x

12m.

No – Refer to

Section 2(f) of

this report.

No – Refer to

Section 2(f) of

this report.

No – Refer to

Section 2(g) of

this report.

3.25 Fencing

All fencing/walls fronting

a street to be setback a

minimum 2 metres from

the boundary to permit

landscaping. These fences

shall include recesses and

other architectural

features.

The front fence is

setback 800mm from

Old Castle Hill Road.

No – Refer to

Section 2(h) of

this report.


PAGE 13

a) Site Requirements – Access

Section 3.1 of the DCP restricts access to a multi dwelling housing development from a

Battle-axe driveway. The proposal is partly reliant upon an existing battle-axe driveway

located within Lot 13 DP 261440 (42 Old Castle Hill Road, Castle Hill). Proposed

townhouse 5 will solely rely upon vehicular access via an existing easement for a right of

carriageway which is in the form of a battle-axe handle.

The objective of the control is to ensure that a development site has sufficient areas to

provide adequate access, parking, landscaping and building separation. In this instance,

the proposed development will provide for a dual access arrangement to Old Castle Hill

Road via an existing right of carriageway and driveway. The use of the adjoining right of

carriageway is considered to be satisfactory given that it will only facilitate access for

townhouse 5 and will not require physical upgrade given the provision of a passing bay

within the subject site. Access to townhouse 5 would be difficult in any other design

scenario given the topography of the site. Utilising the right of carriageway is considered

to be appropriate as it will not intensify the use of the right of carriageway and will

facilitate vehicle movements for townhouse 5 which would be comparable to the existing

situation. Furthermore, the majority of vehicular movements for the proposed

development will be accommodated via the proposed driveway which will also facilitate

access for visitors. In this regard, a variation to the control is considered to be

satisfactory.

b) Building Setback – Second Storey

Section 3.3 of the DCP prescribes that a second storey component be set back 6 metres

from any side and rear property boundary. Proposed townhouse 5 will be set back 5.7

metres from the property boundary.

The objective of the control is to enhance and protect the privacy and amenity of adjoining

properties. The non-compliance of 300mm is the result of a point encroachment which

occurs to a bedroom on the first floor. The point encroachment relates to the provision of

a window that protrudes 300mm from the primary building line. In this instance, the

protrusion of the window provides for articulation of the second storey which is consistent

with the prevailing design theme of the development. With respect to privacy, the window

will have a sill height of 1.2 metres and will service a bedroom. Given the low traffic use of

the bedroom, it is considered that the proposed encroachment of the window will not

present undue opportunities to overlook into adjoining properties. In this regard, a

variation to the control is considered to be satisfactory.

c) Building Heights – Finished Floor Level

Section 3.4 of the DCP prescribes that developments on sloping sites are to be stepped so

that the floor level of habitable rooms do not exceed one metre above or below natural

ground level when measured at any point on the ground floor. The proposed finished floor

levels of townhouses 1, 2, 3 and 7 exceed one metre above natural ground level. The

section plan below depicts the protrusion of the finished floor level of townhouse 2 which

details the finished floor level being approximately 1.3 metres above natural ground level.


PAGE 14

The finished floor level is predominately the result of the topography of the site and the

provision of underfloor car parking for townhouses 1, 2 and 3. The design incorporates a

significant amount of excavation in the order of approximately 3.5 metres to provide an

underfloor car parking area and to provide a building entry that is relatively at-grade to

Old Castle Hill Road. The design also incorporates a split level design which

sympathetically responds to the slope of the site. The encroachment relates to a relatively

minor segment of the floor adjacent to the front entry. Furthermore the dwellings will be

relatively at grade to Old Castle Hill Road and therefore the encroachment of the finished

floor level will not be visible from the street.

The finished floor level of townhouses 6 and 7 will be in excess of 1 metre above natural

ground level given the slope of the land to the rear of the site. The finished level will be a

maximum of 1.2 metres above natural ground level. The design incorporates a split level

design with the front section of the dwelling being 800mm higher than the rear section

where the encroachment occurs. The rear section of the dwelling is relatively close to

natural ground level however over the 5 metre depth of the rear section of the dwelling,

the land falls approximately 1 metre at the most severe point. The rear section will

accommodate the living areas of the dwelling and will be serviced by a sliding door and

four window openings. In order to mitigate any potential for overlooking into downslope

properties, the living room windows have been raised to a sill height of 1.5 metres in

combination with screen planting in the form of lily pillys along the rear boundary capable

of a mature height of 3 metres. To mitigate overlooking from the sliding doors, louvres will

be incorporated along the rear elevation of the metal pergola attached to the rear of the

dwellings. Additionally, windows servicing first floor bedrooms on the rear elevation will

have sill heights of 1.5 metres and windows servicing bathrooms on the rear elevation will

be obscure glazed. The figure below depicts the elevation of townhouses 6 and 7:


PAGE 15

The proposed encroachments will not result in a breach to the overall building height nor

will it result in unacceptable amenity impacts associated with privacy and solar access. In

this regard, given the responsive nature of the design in relation to the topography of the

site and the privacy measures proposed to mitigate any adverse impacts, the proposed

variation to the finished floor levels are considered to be satisfactory.

d) Landscape Setback

Section 3.6 of the DCP prescribes that where a unit fronts the driveway a 2 metre wide

landscape area must be provided between the unit and the driveway (except where

entrance and garages are located). Furthermore, the DCP also prescribes that a minimum

2 metre wide landscape area be provided between the driveway and any adjoining

property boundary.

A small section of townhouses 3 and 4 do not provide a 2 metre wide landscaped area

adjacent to dwellings. Whilst landscaping is provided adjacent to the dwelling and the

driveway, the width does not achieve the 2 metre requirement. In this instance, a

variation is considered to be satisfactory as the variation occurs at a point in the driveway

that is not visible from the street. In relation to amenity, the section of the dwelling

adjoining the driveway will not contain any ground floor window openings immediately

adjacent to the driveway. Furthermore, given the topography of the site in addition to the

alignment and width of the driveway, compliance with the control would result in a

significant amendment to the design. In this regard a variation is considered to be

satisfactory and worth of support.

The main driveway servicing the site will not accommodate a 2 metre wide landscape area

adjacent to the property boundary of Lot 13 DP 261440 (42 Old Northern Road, Castle

Hill). Instead, a landscape strip varying in width between 300mm to 600mm is proposed

adjacent to the existing right of carriageway. In this instance a variation is considered to

be satisfactory as the driveway location is predicated on the topography of the site and

the driveway alignment will accommodate safe vehicle movements into and out of the site.

Alternatively, relocating the driveway to the other side of the property would result in the

removal of significant street trees and would substantially compromise the current layout

of the development. Furthermore, shifting the driveway towards the north to

accommodate a 2 metre wide landscaped area would further compromise the private open

space area for townhouse 3 and would create an undesirable vehicle crossing to Old Castle


PAGE 16

Hill Road. It is also noted that the existing right of way abuts the subject site with no

landscaping buffer. The proposed development will include landscaping between the

driveway and right of carriageway and will soften the impact of the driveway from the

street.

In this regard, a variation to the control is considered to be satisfactory.

e) Landscaped Area

Section 3.7 of the DCP prescribes that a minimum area of 50% of the site exclusive of

access driveways and parking be provided for landscaping. The proposed development will

provide a landscaped area of 1073 square metres which equates to 48% of the site area.

The proposed variation represents a shortfall of 29 square metres.

The proposed development is accessed via a common driveway to service garages

provided at grade. Given the topography of the site, basement parking would not be

feasible. Thus, in order to provide vehicular access, a common driveway is proposed which

comprises of an extensive footprint. The driveway provides for vehicular access to the

development however contributes to the shortfall of landscaped area. Whilst the shortfall

is relatively minor, the proposal does provide for a communal open space area and will

achieve a deep soil zone of 44% of the site area which exceeds the minimum deep soil

zone requirement of 30%. Furthermore, the proposed landscape scheme will result in the

embellishment of landscaping on site, particularly along the boundary interfaces to the

north, east and west.

In this regard, given the constraints of the site with respect to providing adequate

vehicular access in response to the topography of the site and the embellishment of

landscaping, a variation is considered to be satisfactory.

f) Private Open Space

Section 3.12 of the DCP requires that one continuous area of private open space equal to

50% of the floor area of the dwelling be provided for each dwelling. It is noted that the

proposed development contains dwellings that do not provide a continuous area of private

open space that is equal to 50% of the floor area of the respective dwelling. The proposed

private open space areas achieve compliance by combining segregated areas located to

the front and rear of the dwelling with respect to Townhouses 2, 3 and 6.

Additionally, townhouses 3 and 4 do not provide the required 50% of the floor area of the

dwelling for private open space. Townhouse 3 provides 60 square metres of private open

space where 69 square metres is required. Townhouse 4 provides 45 square metres of

private open space where 67 square metres is required. It is noted that all other dwellings

exceed the minimum required private open space area.

The proposed private open space areas for townhouses 2 and 3 utilise the front setback

area in addition to an elevated area to the rear of the dwellings for private open space.

Further, townhouse 6 will utilise the rear setback area in addition to a small area at the

front of the dwelling. It is noted that the DCP does not restrict the use of the front setback

area for the purposes of private open space. In this instance the private open space areas

within the front setback will be screened by landscaping in addition to being secured by a

masonry fence with timber slats. Whilst the private open space area is not continuous, the

combination of both areas is considered to be satisfactory given that the private open

space will provide a direct extension of the living space for the enjoyment of residents.

The two areas will also provide for different recreational functions which will promote both

active and passive uses. Additionally, it should be noted that the private open space area

will receive adequate solar access pursuant to the DCP.


PAGE 17

With respect to the shortfall of private open space for townhouses 3 and 4, the respective

private open spaces areas will provide for a direct outdoor extension to the living areas

and will promote passive recreational uses. The proposed development provides for a

common open space area which is centrally located and contains children’s play equipment

which is suitable for active recreational uses. The common open space area is immediately

adjacent to townhouses 3 and 4. Additionally, whilst the area falls short of the minimum

requirement, the quality of the private open space area with respect to the attainment of

solar access should be considered given the northerly orientation of the respective areas.

In this regard, townhouses 3 and 4 achieve solar access complying with the DCP.

Given the above, a variation to the private open space requirements is considered to be

satisfactory.

g) Common Open Space

The primary common open space area equates to 132 square metres which falls short of

the requirement for 144 square metres. Further, the minimum dimension requirement of

12 by 12 metres is not provided. It is noted that a secondary common open space area is

provided adjacent to the northern boundary which equates to 63 square metres and is

accessed from the central driveway.

The objective of the control is to provide a functional open space area within the

development for the informal recreation of residents and children play. The primary area

will be centrally located and will be accessed from the main driveway. The area will

contain two types of children play equipment including a slide and rope climber which will

provide for active recreational use. Additionally, the area will be surrounded with

landscaping around the perimeter to enhance the space and will also include bench

seating. The common open space area is considered to provide for an area that is

commensurate with the objectives of the DCP.

Furthermore, it is noted that a secondary area for common open space is provided

adjacent to the northern boundary which would provide for a combined area of 199 square

metres of common open space for the site.

In this regard, a variation to the control is considered to be satisfactory and worth of

support.

h) Front Fencing

Section 3.25 of the DCP requires all fencing fronting a street to be setback a minimum 2

metres from the boundary to permit landscaping. The proposed front fence is set back

800mm from the front property boundary to Old Castle Hill Road.

The front fence will be designed of painted brick render with horizontal infill timber slats to

a height of 1.8 metres. The fence will be recessed to a depth of 2.2 metres for a segment

of the fence adjacent to the entries for townhouse 1 and 2. Landscaping is proposed within

the 800mm setback forward of the fence to soften the appearance of the fence from the

street. The depth of landscaping is capable of sustaining the proposed landscape

plantings. In this regard, given that open style design of the fence and that landscaping is

proposed forward of the fence, a variation is considered to be satisfactory and is worth of

support.

3. Issues Raised in Submissions

The Development Application was notified to adjoining properties and placed on public

exhibition for a period of 14 days on two separate occasions. In response, three

submissions were received during the first exhibition period and five submissions were

received during the second exhibition period. The issues raised within these received

submissions are addressed below:-


PAGE 18

ISSUE/OBJECTION COMMENT OUTCOME

Concern is raised that the

existing right of

carriageway cannot be used

without the consent of Lot

13 DP 261440.

Part of the subject site being 44

Old Castle Hill Road (Lot 2 DP

503417) benefits from an

easement for a right of carriageway

6.1 metres wide located on the

adjoining property known as 42 Old

Castle Hill Road (Lot 13 DP

261440). The right of carriageway

contains an existing driveway

which is approximately 3 metres

wide. It is noted that the remaining

part of the subject site being 46A

Old Castle Hill Road (Lot 142 DP

776783) is not a beneficiary to the

right of carriageway.

The original plans included access

via the right of carriageway for six

of the eight townhouses proposed.

The proposal was amended to

address concerns raised by Council

staff with respect to the use of the

right of carriageway. The original

proposal was not supported on the

basis that physical works to the

right of way was required and that

the consent of the servient

tenement of the right of

carriageway had not been

obtained. Additionally, concern was

raised that proposed townhouses

within the subject site that were

outside the curtilage of Lot 2 DP

503417 were not legally entitled to

the right of carriageway, unless the

consent of the owner was provided

to include Lot 142 DP 776783 as a

beneficiary to the right of

carriageway.

Accordingly, the proposal was

amended to relinquish access to

the right of way for townhouses

within the curtilage of Lot 142 DP

776783. However, proposed

townhouse 5 is reliant on the right

of carriageway for access and is

wholly located within the curtilage

of Lot 2 DP 503417.

The amended plans have been

reviewed and Council’s

Issue addressed.


PAGE 19


Development Engineer has

indicated that the use of the right

of carriageway would not require

any physical upgrade given that a

passing bay was provided within

the subject site. Furthermore,

manoeuvring for townhouse 5 can

be achieved within the existing 3

metre wide driveway.

In this regard, the consent of Lot

13 DP 261440 is not required.


proposed development will

intensify the right of

carriageway beyond that

permitted by the title.

Proposed townhouse 5 is reliant on

the right of carriageway for access

and is wholly located within the

curtilage of Lot 2 DP 503417 which

is a beneficiary to a right of

carriageway located within Lot 13

DP 261440.

The applicant has provided legal

advice indicating that townhouse 5

being located wholly within Lot 2

DP 503417 has the right to use the


With respect to intensification,

townhouse 5 being a single

dwelling will contain a double

garage. Vehicle movements

expected from a single dwelling will

not significantly intensify the use of

the right of carriageway beyond

that of the existing situation. Lot 2

DP 503417 currently contains a

single dwelling. It is considered

that the proposed use of the right

of carriageway would be

comparable to the existing

situation.

Accordingly, the right of way will

not be intensified beyond that

permitted by the easement.

Issue addressed.


PAGE 20


right of way will be

extended to all of the

townhouses given that they

share the same strata title.

The proposal was amended to

relinquish access to the right of

way for townhouses within the

curtilage of Lot 142 DP 776783.

However, proposed townhouse 5 is

reliant on the right of carriageway

for access and is wholly located

within the curtilage of Lot 2 DP

503417.

The applicant has provided legal

advice indicating that Townhouse 5

being located wholly within Lot 2

DP 503417 has the right to use the

right of carriageway. The legal

advice also indicates that under a

plan of consolidation of Lot 2 DP

503417 and Lot 142 DP 776783,

the consolidated lot to be created

would have the benefit of the right

of carriageway to the extent that

Lot 2 DP 50341 had the benefit of

the right of carriageway.

On this basis, a condition of

consent is recommended to ensure

that townhouse 5 is identified

within the Deposited Plan as the

sole beneficiary of the existing

right of carriageway and not the

entire consolidated site.

In this regard, in the event of a

future subdivision, the benefit of

the right of carriageway will not be

extended to the entire

development site.

Issue addressed.

The existing boundary fence

adjacent to the right of way

cannot be removed without

the consent of Lot 13 DP

261440. Without owner’s

consent, the fence cannot

be removed and access to

the site would not be

possible.

The proposal would require an

existing boundary fence adjacent

to the right of carriageway to be

removed in order to provide access

to townhouse 5.

In this regard, any negotiations

regarding the removal of the fence

are to be carried out with the

respective land owners as a civil

matter in accordance with the

Dividing Fences Act 1991.

Issue addressed.


PAGE 21


use of the right of way

would affect the safety of

pedestrians given the

existing pavement width of

3 metres.

The use of the right of way will not

be significantly intensified when

compared with the existing

situation. Nevertheless,

pedestrians and motorists should

take due care whilst travelling

along the driveway. To improve the

potential for vehicle conflict, a

passing bay has been provided

within the development site.

Issue addressed.

Concern is raised that

vehicles from the

development site will use

the existing right of way

instead of the proposed

vehicular driveway.

The proposed vehicular crossing

would allow for all vehicle

movements including visitors to

access the main driveway within

the development site with the

exception of townhouse 5. In this

regard, there is no requirement for

any other of the townhouses to use

the right of carriageway.

Nevertheless, a condition of

consent is recommended which will

restrict access to the right of

carriageway to townhouse 5.

Issue addressed.

The existing right of way is

heavily landscaped along

the southern side. The

existing landscaping should

remain intact to protect the

privacy of adjoining

neighbours.

The proposed development will not

involve any physical works within

the right of carriageway. Therefore,

the proposed landscaping on the

southern side of the right of

carriageway will be unaffected by

the proposed development.

Issue addressed.

Concern is raised in relation

to the outcomes of the

Traffic Report in particular

the finding that the

proposal will result in a net

increase of three vehicle

trips per hour.

The traffic report prepared by

Varga Traffic Planning applies the

RMS traffic generation rates to the

proposal which results in an overall

net increase of an additional 3 peak

hour trips. Council’s Principal

Coordinator Traffic has reviewed

the proposal and concurs with the

assumptions of the traffic report.

Issue addressed.


proposed development

would impact upon the local

traffic network.

Council’s Principal Coordinator

Traffic has reviewed the proposal

and has raised no objection from a

traffic viewpoint as the additional

traffic will have negligible impact

on the efficiency or safety of the

surrounding road network.

Issue addressed.


PAGE 22

The proposed vehicle

movements along the right

of way will impact upon the

amenity of the immediate

property to the south.

Townhouse 5 being a single

dwelling will contain a double

garage. Vehicle movements

expected from a single dwelling will

not significantly intensify the use of

the right of carriageway beyond

that of the existing situation. Lot 2

DP 503417 currently contains a

single dwelling. It is considered

that the proposed use of the right

of carriageway would be

comparable to the existing

situation.

The proposed development will not

involve any physical works within

the right of carriageway. Therefore,

the proposed landscaping on the

southern side of the right of

carriageway will be unaffected by

the proposed development.

Based on the above, the use of the

right of carriageway will not result

in adverse impacts upon the

amenity of adjoining properties.


to the demolition of the

existing structures with

respect to hazardous

materials. Formal

notification should be

provided to adjoining

properties prior to

demolition.

A condition of consent is

recommended to ensure that any

hazardous materials including

asbestos be removed by a licensed

contractor in accordance with NSW

Workcover Authority requirements.

Additionally, notice must be given

to Council and neighbouring

properties at least 5 days prior to

demolition work commencing.

Issued addressed.

Refer to condition

33.


proposal is an

overdevelopment of the site

and should be refused as

per the outcomes of

DA353/2013/HB.

The proposed development is

considered to respond to the

controls and objectives for multi

dwelling housing development as

envisaged by Council’s

Development Control Plan.

The proposed development is

required to comply with a

maximum density requirement.

The maximum density for the

development site based on its area

is 20.95 persons (the equivalent of

95 persons per hectare). The

proposed development provides for

20.5 people which is below the

maximum density requirement.

Issued addressed.


PAGE 23

The development provides a

reasonable interface to adjoining

properties with respect to the

building envelope and is

embellished with suitable

landscaping within and along the

edges of the site.

Concern is raised with

respect to the townhouses

located adjacent to the rear

boundary. The dwellings

should be designed at

natural ground level and not

be elevated.

The finished floor level of

townhouse 6 and 7 will be in

excess of 1 metre above natural

ground level given the slope of the

land to the rear of the site. The

finished level will be a maximum of

1.2 metres above natural ground

level.

The design incorporates a split

level design with the front section

of the dwelling being 800mm

higher than the rear section where

the encroachment occurs. The rear

section of the dwelling is relatively

at-grade to natural ground level

however over the 5 metre depth of

the rear section of the dwelling, the

land falls approximately 1 metre at

the most severe point. The rear

section will accommodate the living

areas of the dwelling and will be

serviced by a sliding door and four

window openings.

In order to mitigate any potential

for overlooking into downslope

properties, the living room

windows have been raised to a sill

height of 1.5 metres in

combination with screen planting in

the form of lily pillys along the rear

boundary capable of a mature

height of 3 metres. Additionally, to

mitigate overlooking from the

sliding doors, louvres will be

incorporated along the rear

elevation of the metal pergola

attached to the rear of the

dwellings. Additionally, windows

servicing first floor bedrooms on

the rear elevation will have sill

height of 1.5 metres and windows

servicing bathrooms on the rear

elevation will be obscure glazed.

Issue addressed.


PAGE 24

In this regard, given the site

constraints and the design

incorporating measures to mitigate

the impacts of overlooking, the

proposed development will not

cause undue privacy impacts to

downslope properties.


to overlooking from the

townhouses located to the

rear of the site. The

windows should be treated

with a sill height of 1.5

metres.

The proposed windows servicing

the ground and first floor of

townhouse 6 and 7 will be raised to

a sill height of 1.5 metres along the

rear elevation to mitigate any

potential for overlooking.

Issue addressed.


to the retention of a bunya

pine located adjacent to the

rear boundary within the

subject site. The tree drops

large pine nuts which cause

damage to surrounding

properties. The tree should

be removed.

The bunya pine located adjacent to

the rear boundary is proposed to

be retained as detailed on the

plans. However, Council’s Tree

Management Officer has reviewed

the proposal and has

recommended the tree be removed

as part of the proposed

development. Accordingly, a

condition of consent has been

recommended to reflect this

requirement.

Issue addressed.

Refer to condition 7.

The south facing aspect of

townhouse 6 will impact the

privacy of adjoining

properties.

Townhouse 6 is west facing and

does not immediately adjoin the

existing right of carriageway to the

south. It is noted that townhouses

4 and 5 have a southerly

orientation being adjacent to the


It is considered that the proposed

development as a whole has been

designed with regard to protecting

the amenity of adjoining

properties. The proposed

placement of living rooms with

respect to orientation maximises

the privacy of adjoining properties

and will not result in undue

overlooking. Additionally, where

the finished floor level provides a

potential platform, window

treatments in addition to

landscaping have been

incorporated to offset any potential

impact.

Issue addressed.


PAGE 25

ENGINEERING COMMENTS

Council’s Development Engineer has assessed the proposal and raised no objection subject

to conditions.

TREE MANAGEMENT COMMENTS

Council’s Tree Management Officer has assessed the proposal and raised no objection

subject to conditions.

TRAFFIC COMMENTS

Council’s Principle Coordinator Traffic has assessed the proposal and raised no objection

subject to conditions.

RESOURCE RECOVERY

Council’s Resource Recovery Project Officer has assessed the proposal and raised no

objection subject to conditions.

CONCLUSION

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

Planning and Assessment Act 1979 and against the Land and Environment Court’s ‘criteria

for the assessment of impacts on neighbouring properties’ and is considered satisfactory.

Variations to The Hills Development Control Plan 2012 are proposed and have been

addressed in this report.

It is considered that the application is worthy of support. The concerns raised in the

submission received do not warrant further amendment or refusal of the application.

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 growth without adverse environmental or social amenity impacts.

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

report. The proposal provides a satisfactory design that does not compromise the

character of the locality and the Shire as a whole.

The proposal represents balanced urban growth, and the proposed medium density

residential development will complement the nature of the site. The proposal fits within

the context of the site and is considered to be consistent with the long-term direction and

goals for the locality.


PAGE 26

RECOMMENDATION

The application be approved subject to the following conditions of consent.

GENERAL MATTERS

1. Development in Accordance with Submitted Plans

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

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

conditions of consent.

REFERENCED PLANS AND DOCUMENTS

DRAWING NO. DESCRIPTION REVISION DATE

01 Cover Page prepared by Urban Link F 05/02/2016

02 Site Plan Analysis prepared by Urban

Link

F 05/02/2016

03 Site Plan prepared by Urban Link F 05/02/2016

04 Lower Ground Floor Plan prepared by

Urban Link

F 05/02/2016

05 Ground Floor Plan prepared by Urban

Link

F 05/02/2016

06 First Floor Plan prepared by Urban Link F 05/02/2016

07 Sections prepared by Urban Link F 05/02/2016

08 Elevations prepared by Urban Link F 05/02/2016

09 Elevations prepared by Urban Link F 05/02/2016

15 Schedule of Finishes prepared by Urban

Link

F 05/02/2016

Sheet 1 Proposed Landscape Plan prepared by

discount landscape plans

C 14/08/2014

Sheet 2 Proposed Landscape Plan prepared by

discount landscape plans

C 14/08/2014

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. Study and Media Room must not be converted

The proposed study and media rooms within the development are not to be converted into

bedrooms without the prior approval of Council.


PAGE 27

5. Adherence to Waste Management Plan

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

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

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

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

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

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

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

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

the Council who asks to see them.

6. Property Numbering for Integrated Housing, Multi Unit Housing, Commercial

Developments and Industrial Developments

The responsibility for property numbering is vested solely in Council.

The property address for this development is: - TH 1-7/44 Old Castle Hill Road Castle Hill

Unit numbering is as per plans submitted – numbered 05 and dated 17 September 2015.

These numbers, unless otherwise approved by Council in writing, are to be displayed

clearly on all buildings/door entrances.

Clear and accurate external directional signage is to be erected on site at driveway entry

points and on buildings. Unit numbering signage is also required on stairway access doors

and lobby entry doors. It is essential that all numbering signage throughout the complex

is clear to assist emergency service providers locate a destination with ease and speed.

7. Tree Removal

Approval is granted for the removal of trees 1, 2, and 4-15 inclusive as shown in tree plan

in arborist report prepared by Redgum Horticultural dated 4 August 2014.

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.

8. Retention of Trees

Trees 3, 16, and 20-22 are to be retained with remedial work to be carried out in

accordance with the Arborist report by Redgum Horticultural dated 4 August 2014.

9. 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

10. 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


PAGE 28

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.

11. Commencement of Domestic Waste Service

The home owners or agent acting for the owners 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 a

unit. 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.

12. Provision of Domestic Waste Storage Area (Units 1-5)

Sufficient space must be allocated within the private open space area of each unit to store

a minimum of two 240 litre mobile bins (for waste streams as determined by Council). The

location is required to ensure that the bins are not visible from any adjoining property or

public place 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.

13. Construction of Communal Waste Storage Area (Units 6-8)

The communal waste storage area is required to comprise of three separate dedicated bin

cupboards. Each cupboard must be sized to store a minimum of two 240 litre mobile bins.

They must be fully enclosed and have separate keys and locking systems. The design

must also ensure that the bins are not visible from any adjoining property or public place.

Finishes and colours of the bin cupboards are to compliment the design of the

development. Note the dimensions of a 240 litre mobile bin are: 735mm (d), 580mm (w)

and 1080mm (h).

14. Separate Application for Strata Subdivision

A separate application must be submitted for any proposed strata titled subdivision of the

approved development.

15. 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.

16. 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.

17. 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:


PAGE 29

i. All passing bays are to be configured as per AS2890.1. Passing bays are to be

provided as per the ‘Traffic and Parking Matters’ statement by Varga Traffic

Planning dated 7 October 2015 and the drawings which form appendices to such

document.

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.

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.

18. Gutter and Footpath Crossing Application

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

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

Charges.

19. Minor Engineering Works

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

accordance with the following documents and requirements:

a) Council’s Design Guidelines Subdivisions/ Developments

b) Council’s Works Specifications Subdivisions/ Developments

Any variance from these documents requires separate approval from Council.

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

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

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

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

i. Driveway Requirements

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

above documents and Council’s Driveway Specifications.

- The proposed driveways must be built to Council’s medium duty standard.

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

Charges.

ii. Disused Layback/ Driveway Removal

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

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

iii. Site Stormwater Drainage

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

point of legal discharge.

iv. Earthworks/ Site Regrading

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

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


PAGE 30

v. 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.

vi. Stormwater Drainage – Pipe Extension

A new kerb inlet pit must be provided at the end of the existing easement, fronting 3

Heatherbrae Place and the street drainage extended from the existing pit downstream.

The pipe extension must be located under the existing kerb requiring the removal and

reconstruction of the kerb and gutter and road shoulder.

20. External Finishes

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

development application and approved with this consent.


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


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

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

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

waste services.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

22. Section 94 Contribution

The following monetary contributions must be paid to Council in accordance with Section

94 of the Environmental Planning and Assessment Act, 1979, to provide for the increased

demand for public amenities and services resulting from the development.

Payments comprise of the following:-

The contributions above are applicable at the time this consent was issued. Please be

aware that Section 94 contributions are updated quarterly.

Prior to payment of the above contributions, the applicant is advised to contact Council’s

Development Contributions Officer on 9843 0268. Payment must be made by cheque or

credit/debit card. Cash payments will not be accepted.

This condition has been imposed in accordance with Contributions Plan No 5.

Council’s Contributions Plans can be viewed at www.thehills.nsw.gov.au or a copy may be

inspected or purchased at Council’s Administration Centre.

23. Security Bond Requirements

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

Purpose: 3

bedroom unit

Purpose: 4

bedroom unitPurpose: Credit

No. of 3 bedroom

units: 5

No. of 4 bedroom

units: 2Sum of Units No. of Credits: 2 Total S94

Roads & Traffic - Land 9.40$ 12.18$ 12.18$ 47.00$ 24.36$ 71.36$ 24.36$ 47.00$

Roads & Traffic - Capital 349.66$ 453.25$ 453.25$ 1,748.30$ 906.50$ 2,654.80$ 906.50$ 1,748.30$

Open Space - Land 2,353.75$ 3,051.15$ 3,051.15$ 11,768.75$ 6,102.30$ 17,871.05$ 6,102.30$ 11,768.75$

Open Space - Capital 606.98$ 786.79$ 786.79$ 3,034.90$ 1,573.58$ 4,608.48$ 1,573.58$ 3,034.90$

Community Facilities - Land 43.09$ 55.86$ 55.86$ 215.45$ 111.72$ 327.17$ 111.72$ 215.45$

Community Facilities - Capital 1,282.20$ 1,662.01$ 1,662.01$ 6,411.00$ 3,324.02$ 9,735.02$ 3,324.02$ 6,411.00$

Total 4,645.08$ 6,021.24$ 6,021.24$ 23,225.40$ 12,042.48$ 35,267.88$ 12,042.48$ 23,225.40$


PAGE 31

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.

24. 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) Allotment boundaries;

b) Adjoining 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 for the erosion and sediment controls.

25. 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 Loka Consulting Engineers Drawings D00 to D05

Revisions A/B/B/C/A/A (respectively) is for development application purposes only and is

not to be used for construction. The detailed design must reflect the approved concept

plan and the following necessary changes:

a) Concrete benching is required to the invert level of the orifice plate in the OSD tank.

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.


PAGE 32

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.

26. Works in Existing Easement

All adjoining properties either benefited or burdened by the existing easement must be

notified of the proposed works within the easement in writing, including commencement

and completion dates, before a Construction Certificate is issued.

27. Draft Legal Documents

Where an encumbrance on title is required to be created as part of this consent, draft

copies of all legal documents must be submitted to Council for checking before a

Construction Certificate is issued.

28. 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 $103,275.00 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 above amount is calculated at the rate of $85.00 per

square metre based on the road frontage of the subject site plus an additional 50m on

either side (total 135m) multiplied by the width of the road (9m).

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.

29. Security Bond – External Works

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

1979, a security bond is required to be submitted to Council to guarantee the

construction, completion and performance of all works external to the site. The bonded

amount must be based on 150% of the tendered value of providing all such works. The

minimum bond amount is $10,000.00. The bond amount must be confirmed with Council

prior to payment.

The works which this bond relate to are listed below:

- Extension of public drainage infrastructure

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

completed to Council’s satisfaction.

PRIOR TO WORK COMMENCING ON THE SITE

30. Tree Protection Signage

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

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

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

project arborist or site manager.

31. Tree Protection Fencing

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

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


PAGE 33

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

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

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

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

following occurring:

Stockpiling of materials within TPZ;

Placement of fill within TPZ;

Parking of vehicles within the TPZ;

Compaction of soil within the TPZ;

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

Damage to tree crown.

32. Mulching within Tree Protection Zone

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

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

33. 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 offsite 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. 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.

34. Discontinuation of Domestic Waste Services

Council provides a domestic waste service to the property subject to this Development

Application. This service must be cancelled prior to demolition of the existing dwelling or

where the site ceases to be occupied during works, whichever comes first. You will

continue to be charged where this is not done. No bins provided as part of the domestic

waste service are to remain on site for use by construction workers, unless previous

written approval is obtained from Council. To satisfy this condition, the Principal Certifying

Authority must contact Council on (02) 9843 0310 at the required time mentioned above

to arrange for the service to be discontinued and for any bins to be removed from the

property by Council.

35. Traffic Control Plan

A Traffic Control Plan is required to be prepared and submitted to Council for approval.

The person preparing the plan must have the relevant accreditation to do so. Where

amendments to the plan are required post approval, they must be submitted to Council for

further approval prior to being implemented.

A plan that includes full (detour) or partial (temporary traffic signals) width road closure

requires separate specific approval from Council. Sufficient time should be allowed for this

to occur.

36. Sediment and Erosion Control

The approved sediment and erosion control measures, including a stabilised all weather

access point, must be in place prior to works commencing and maintained during

construction and until the site is stabilised to ensure their effectiveness. For major works,


PAGE 34

these measures must be maintained for a minimum period of six months following the

completion of all works.

37. Service Authority Consultation

Before works commence:

a) Documentary evidence must be submitted confirming that satisfactory arrangements

have been made for the relocation, undergrounding and/ or provision of electrical

services for the non-residue lots created by the subdivision.

b) Documentary evidence, including a notice of requirements from Sydney Water, must

be submitted confirming that satisfactory arrangements have been made for the

provision of water and sewerage facilities.

c) Consultation with the relevant telecommunications provider authorised under the

Telecommunications Act regarding the installation of telephone conduits is required.

The design and construction of these works must comply with current NBN standards,

where applicable.

38. 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.

39. 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.

40. 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.

41. Consultation with Service Authorities

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

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

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

building, to the electricity meters and metering equipment.

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

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

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

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

are necessary.

42. Principal Certifying Authority

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

and Assessment Regulations 2000.

43. 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.


PAGE 35

44. 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).

45. 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).

46. Builder and PCA Details Required

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

submitted to the Principal Certifying Authority prior to work commencing.

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

Authority in accordance with the Regulations.

DURING CONSTRUCTION

47. 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.

48. Critical Stage Inspections – Engineering Works

The engineering works must be inspected by Council in accordance with the schedule

included in Council’s Works Specification Subdivisions/ Developments. A minimum of 24

hour’s notice is required for inspections. No works are to commence until the first

inspection has been carried out.

49. 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.

50. Roof Water Drainage

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

installation of the roof covering.

51. Survey Report

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

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

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

52. 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.

569183M_02 be complied with. Any subsequent version of this BASIX Certificate will

supersede all previous versions of the certificate.


PAGE 36

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.

53. 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.

54. Landscaping Works

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

be undertaken generally in accordance with the approved plans.

55. 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.

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE

56. Final Inspection of Waste Storage Area(s)

Prior to an Occupation Certificate being issued, a final inspection of the waste storage

area(s) and management facilities must be arranged by the Principal Certifying Authority

and must be undertaken by Council. This is to ensure compliance with Council’s design

specifications and that necessary arrangements are in place for waste collection by

Council. The time for the inspection must be arranged with Council at least 48 hours prior

to the Principal Certifying Authority’s suggested appointment time.

57. 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.


PAGE 37

58. Performance/ Maintenance Security Bond

A performance/ maintenance bond of 5% of the total cost of the subdivision works is

required to be submitted to Council. The bond will be held for a minimum defect liability

period of six months from the certified date of completion of the subdivision works. The

minimum bond amount is $5,000.00. The bond is refundable upon written application to

Council and is subject to a final inspection.

59. 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.

60. 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.

61. 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.

62. Stormwater CCTV Recording

All piped stormwater drainage systems and ancillary structures which will become public

assets must be inspected by CCTV. A copy of the actual recording must be submitted

electronically for checking.

63. Public Asset Creation Summary

A public asset creation summary must be submitted with the WAE plans. A template is

available on Council’s website.

64. 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.

65. Consolidation of Allotments

All allotments included in this consent must be consolidated into a single allotment before

an Occupation Certificate is issued. A copy of the registered plan must be submitted to

Council.

66. 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:


PAGE 38

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.

67. Creation of Restrictions / Positive Covenants

Before an Occupation Certificate is issued the following restrictions/ positive covenants

must be registered on the title of the subject site via a request document, Section 88B

instrument associated with a plan or the like. Council’s standard recitals must be used.

i. Restriction – Bedroom Numbers

The subject site must be burdened with a restriction using the “bedroom numbers” terms

included in the standard recitals.

ii. Restriction/ Positive Covenant – Onsite Stormwater Detention

The subject site must be burdened with a restriction and a positive covenant using the

“onsite stormwater detention systems” terms included in the standard recitals.

iii. Amendment to Existing Right of Carriageway

The existing right of way burdening Lot 13 DP 261440 benefitting Lot 2 DP 503417 is to be

amended so that the beneficiaries are noted as Townhouse 5 only. A positive covenant is

to be created to ensure the maintenance/ repair of the shared driveway using the

“maintenance/ repair of shared access” terms included in the standard recitals.

THE USE OF THE SITE

68. Bin Presentation

Bins must be presented to Old Castle Hill Road for servicing. Bin presentation will not be

permitted within the internal shared driveways.

69. Maintenance of Landscaping Works

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

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

ATTACHMENTS

1. Locality Plan

2. Aerial Photograph

3. Zoning Map

4. Site Plan

5. Elevations

6. Section Plan

7. Landscape Plan

8. Shadow Diagrams


PAGE 39

ATTACHMENT 1 – LOCALITY PLAN


PAGE 40

ATTACHMENT 2 – AERIAL PHOTOGRAPH


PAGE 41

ATTACHMENT 3 – ZONING MAP


PAGE 42

ATTACHMENT 4 – SITE PLAN


PAGE 43

ATTACHMENT 5 – ELEVATIONS


PAGE 44



PAGE 45

ATTACHMENT 6 – SECTION PLAN


PAGE 46

ATTACHMENT 7 – LANDSCAPE PLAN


PAGE 47



PAGE 48

ATTACHMENT 8 – SHADOW DIAGRAMS


PAGE 49

ITEM-3 DA NO. 396/2016/HA - EXISTING SHED TO BE USED

AS AN INDOOR RECREATION FACILITY (TEENAGERS

RETREAT, OFFICE, STUDIO AND STORAGE) - LOT 9 DP

241639 - NO. 18 JOYLYN ROAD, ANNANGROVE




STRATEGY:






AUTHOR: SENIOR TOWN PLANNER

SANDA WATTS

RESPONSIBLE OFFICER: PRINCIPAL EXECUTIVE PLANNER

KRISTINE MCKENZIE

EXECUTIVE SUMMARY

The proposal is for the use of part of an existing shed as a recreation facility (indoor). The

plans submitted indicate that the ground floor is to be used for storage and a

laundry/bathroom and the upper floor is to contain a studio, office, kitchenette, teenagers

retreat and a bathroom.

The lodgement of the subject application results from compliance action seeking the

cessation of the unauthorised use of the shed and dwelling. A site inspection has

indicated that the shed is currently being used as a dwelling. The proposed use is not

appropriately defined as a recreational facility. It is a dwelling that does not comply with

LEP and waste water requirements. It has not been demonstrated that bushfire and BCA

requirements could be met.

The application was notified to neighbouring properties for 14 days and one submission

was received. The issues raised in the submission relate to unauthorised works,

compliance with the LEP and appropriateness of the proposed use.

The Development Application is recommended for refusal.


Applicant: Ken Willis &

Associates

1. LEP 2012 – Unsatisfactory, refer to

report.

Owner: Ms Yvonne Hodgson

2. DCP Part B Section 1 Rural -

Unsatisfactory, refer to report.

Zoning: RU6 Rural Transition. 3. Section 79C (EP&A Act) –

Unsatisfactory, refer to report.

Area: 20,380m²

Existing Development: Dwelling house, shed

and unauthorised

dwelling.


PAGE 50


1. Exhibition: No

1. Recommended for refusal.

2. Notice Adj Owners: Yes, 14 days.

3. Number Advised: Five

4. Submissions

Received:

One POLITICAL DONATION – None disclosed.

HISTORY

On 14 January 1993 a shed was approved at the rear of the property with dimensions of

9m x 24m and an area of 216m² (D92/656). The shed has been extended without

approval and is currently used as a dwelling. On 4 December 2014, a building certificate

for an unauthorised carport and masonry wall was approved by Council’s Development

Monitoring Team. The carport which housed helicopters is attached to the southern side

of the existing shed and has since been enclosed (without approval).

On 3 December 2014 a compliant was received advising Council staff that the shed was

being occupied as a dwelling. On 22 December 2014 a letter was sent to the owner

advising that the habitable use of the shed as a dwelling would not be supported in its

current form due to the excessive works that would be required to upgrade the structure

for habitable use. As a result the owner was required to reinstate the existing structure

back to the use as a shed. The cessation of the use of the shed as a dwelling was

required by 19 January 2015. The letter also advised that the building certificate approval

of the carport within the 5 metre setback was a special dispensation given that the

structure was open, without bounding walls and that the Building Code of Australia

requires a carport to have two or more sides open and not less than one third of its

perimeter open.

Between January 2015 and June 2015 a number of letters were exchanged between

Council staff and the owner’s consultant seeking regulation of the unauthorised building

works, use of the shed as a dwelling and shipping container on the site.

On 2 July 2015, Council staff issued the following one Notice of Intention to Give an Order,

which contained the following three Orders:

Order No 1: Seeking the cessation of the use of the shed as a habitable structure.

Order No 2: Seeking the removal of the two shipping containers and the associated

slab and the removal of external Colorbond sheeting installed to the

approved carport.

Order No. 15: Seeking Compliance with Development Consent D92/656, including the

removal of the unauthorised mezzanine and the internal fit out to both

the lower and upper levels of the approved shed.

On 2 September 2015 an Order was issued for Orders 1, 2 and 15. On 24 November

another Notice of Intention to Give an Order was issued to the owner for an 850mm high

masonry wall constructed within 1 metre from the southern side boundary which was

erected without consent.

On the 9 December 2015 a Penalty Infringement Notice was issued for Order 2, and on 11

December 2015 an Order was issued for the unauthorised masonry wall.


PAGE 51

On 17 February 2016 Order No. 19 was issued requiring the owner to cease carrying out

building works of the unauthorised concrete column, footing and slab at the rear of the

existing shed.

Furthermore, after closer inspection of aerial photographs during the development

assessment process, it was noted that a masonry garage with a concrete roof terrace was

constructed adjacent to the shed (northern side) in 2012 and a car port at the rear of the

shed (south-western side) was constructed in late 2014 without Council approval.

As outlined above, the owner as a history of construction works on the site without prior

consent. Despite Council staff advice that the use of the shed as a dwelling would not be

supported, the owner has lodged the current application.

The following outlines the history only in relation the development application assessment.

03/09/2015 Subject Development Application lodged.

08/01/2016

Letter sent to the applicant stating that the proposal was not

supported given the probability that the structure will be used

for a dwelling given the current internal layout of the building.

It was requested that the Development Application be

withdrawn or the application would be refused.

18/01/2016

Letter received from the applicant stating that “the application

was genuine and applies for a use permissible with consent and

that there was no logical lawful reason why it should not be

approved”. The letter advised that “unless consent is granted

an Appeal will be lodged with the Land and Environment Court

of NSW.”

PROPOSAL

The Development Application is for the use of a portion of an existing shed as a recreation

facility (indoor). The plans submitted indicate that the ground floor is to be used for

storage and a laundry/bathroom and the upper floor to be modified to be used for a

recreation facility (indoor) and is to contain a studio, office, kitchenette, teenagers retreat

and a bathroom. The total floor area of the proposal is 300m² (excluding the existing

portion of the shed being use as a shed).

The structure is currently being used in part as a shed and an unauthorised dwelling which

contains living areas, bathrooms, laundry, bedrooms, office area and a kitchen.


1. Compliance with The Hills Local Environmental Plan 2012

a) Permissibility

The subject site is zoned RU6 Rural Transition. The State of Environment Effects (SEE)

states that the proposal is for an indoor recreation facility. An indoor recreation facility is

permissible with consent in the RU6 zone.

LEP 2012 defines recreation facility (indoor) as:


PAGE 52

A building or place used predominantly for indoor recreation, whether or not operated for

the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table

tennis centre, health studio, bowling alley, ice rink or any other building or place of a like

character used for indoor recreation, but does not include an entertainment facility, a

recreation facility (major) or a registered club.

It is considered that the proposal does not meet the above definition as it is more suited

for larger scale uses from which the public benefits. The proposed use is a private facility

for residents only. The proposal does not contain any of the above uses defined in

recreation facility (indoor) or anything of a ‘like character’. It is considered that the

applicant has attempted to define the use of the shed with a permissible use in the RU6

zone without consideration of the intended definition of the proposed use.

Although a recreation facility (indoor) is permissible in the RU6 Rural Transition zone, it is

considered that the use of the building remains in a form where it is best defined as a

dwelling as the building can be easily converted to a separate domicile. A dwelling is

defined as “a room or suite of rooms occupied or used or so constructed or adapted as to

be capable of being occupied or used as a separate domicile”.

The proposed layout of the building will likely result in its use as a dwelling. The site

inspection undertaken by Council staff indicated that the use of the building is for a

dwelling. The applicant has clearly stated that the building is currently used as a dwelling

with the owner’s son and two grandsons living within (refer to Attachment 7).

Additionally, the portion of the shed that has been unlawfully converted to a dwelling

would not qualify as a potential secondary dwelling (under LEP 2012) given the large size

of the area being used for this purpose. Under LEP 2012 a secondary dwelling is limited to

60m² or 20% of the primary dwelling. The existing approved dwelling on site is

approximately 250m² in area, therefore the proposal would be limited to 60m². The

dwelling component of the shed is 300m².

b) Zone Objectives

The objectives of the RU6 zone are:

To protect and maintain land that provides a transition between rural and other

land uses of varying intensity or environmental sensitivities.

To minimise conflict between land uses within this zone and land uses within

adjoining zones.

To encourage innovation and sustainable tourist development, sustainable

agriculture and the provision of farm produce directly to the public.

The proposal is contrary to the above objectives in that the proposal is for the use of a

building as a dwelling which does not comply with Council’s LEP limit on area. The

proposed use may result in adverse impact to adjoining properties due to use of the

building and the unauthorised works which have been undertaken by the property owner.

2. Compliance with DCP Part B Section 1 - Rural

There are no specific controls for an indoor recreational facility under DCP Part B Section 1

– Rural. The relevant aims and objectives of the DCP are as follows:


PAGE 53

(ii) To protect, maintain and enhance the natural environment including bushland,

threatened species, river foreshore, wetlands, riparian corridors, ridgelines and

views;

(iii) To ensure that development is compatible with the capability of the land, does not

unreasonably increase demand for services and minimises risks from natural

hazards;

(iv) To encourage the use of the land for agriculture and rural uses, and minimise and

conflict between competing land uses.

(vi) To ensure that development does not have a detrimental impact on the natural

environment, scenic qualities of the area or amenity of surrounding residents, and

that it contributes to the rural character of the area.

Comment:

The site is considered as having a major limiting factor with respect to waste water in that

Cattai Creek adjoins the western boundary, and is located less than 70 metres away from

the existing shed. The DCP requires that waste water systems be located a minimum of

100 metres from permanent surface waters.

It is considered that the proposed development will have adversely impact upon the

natural environment and rural character of the area and results in adverse environmental

impacts.

In view of the above, the proposed development is considered to be inconsistent with the

aims and objectives of the DCP Part B Section 1 – Rural and is not supported.


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

submission was received which raised the following concerns:


Native bushland has

been cleared without

permission to make way

for the building.

According to Council records, a Tree

Management Application was lodged

on 22 June 2015 for the removal of

5 trees to the rear (west) of the

shed. This application was approved

on 30 June 2015. There are other

approvals for the removal of any

other trees on the site. A review of

aerial photographs indicates that

unauthorised tree removal has

occurred in the past. The

unauthorised tree removal is being

reviewed by Council’s Development

Monitoring Team in associated with

current action undertaken for the

unauthorised works on the site.

Issue addressed.

The building has grown

from one approved shed,

to another shed without

Council approved which

has been converted to a

dwelling.

As outlined above, the works have

been undertaken with no prior

consent. The Development

Application is recommended for

refusal.

Refusal recommended.


PAGE 54

Storage is not allowed

under the LEP.

Storage, in association with an

approved use, is permitted with

consent.

Issue addressed.

An office is not allowed

under the LEP.

An office, in association with an

approved use is permitted with

consent. The overall use of the

structure is not supported in this

instance.


The recreation facility

(indoor) as described by

the applicant is not

allowed under the LEP.

Council staff have concern in relation

to the proposed use. The

Development Application is

recommended for refusal.


The septic tank is to be

100 metres from Cattai

Creek.

Council staff have raised concern in

regards to the a future waste water

system and its proximity to Cattai

Creek which is located less than 70

metres from the existing shed.


BUILDING SURVEYOR’S COMMENTS

Council’s Fire Safety Officer has reviewed the Development Application in respect to

compliance with the Building Code of Australia (BCA) and has provided the following

comments:

There is an existing shed structure that is proposed to be used for storage (7b

classification) on the ground floor and a recreation facility (9b classification) on the first

floor.

For Council to be satisfied the level of BCA compliance/fire safety will be sufficient for the

building and its use, the applicant is required to provide a BCA compliance report

addressing Parts B,C,D,E & F of the BCA. The report is to make recommendations as to

the proposed level of BCA compliance the building is to be bought into for the use.

It is noted that advice provided to the owner in 2014 advised that substantial work would

be required to ensure compliance with BCA regulations. A structural report has been

provided with the application, however the applicant has not submitted a BCA compliance

report to support the proposal. In addition it has not been demonstrated that bushfire

requirements can be met.

ENVIRONMENTAL HEALTH & SUSTAINABILITY COMMENTS

Council’s Senior Environmental Health Officer has reviewed the Development Application.

No waste water report was submitted with the application and the site is considered as

having a limiting factor with respect to wastewater in that Cattai Creek adjoins the

western boundary. If the application was considered supportable, Council staff would have

requested that an appropriately qualified wastewater consultant provide a report

demonstrating that the proposed system complies with the Local Government (General)

Regulation 2005, Council’s Development Control Plan Part B Section 1 Rural – Appendix C

– On-site Sewage Management Systems, AS/NZS 1547:2000 – On-site domestic

wastewater management and The Environment and Health Protection Guidelines – On-site

sewage management for single households.

Furthermore, the existing dwelling does not have a current Approval to Operate. Council

staff have sent letters a number of times requiring the owner to submit an application,

however no application has been received. It appears that a waste water system for the

shed is located to the rear of the building, approximately 55 metres from Cattai Creek.

This system does not have an Approval to Operate.


PAGE 55

CONCLUSION

The proposal has been assessed having regard to the matters for consideration under

Section 79C of the Environmental Planning and Assessment Act, 1979. The proposal fails

to satisfy the objectives of the RU6 Rural Transition zone of the aims and objectives of

DCP Part B Section 1 – Rural. The proposal is considered to be for residential purposes

rather than as an indoor recreation facility. One submission was received and the main

issues raised have been assessed within this report.

Accordingly, the application is recommended for refusal.

IMPACTS

Financial

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

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

Environment Court.


The proposal is considered unsatisfactory and would adversely impact on the amenity of

neighbouring residential properties and will unlikely be used for its proposed use as an

indoor recreation facility.

RECOMMENDATION

The application is recommended for refusal on the following grounds:

1. The proposal not appropriately defined as an recreation facility (indoor) under Local

Environmental Plan 2012 (Section 79C(1)(a)(i) of the NSW Environmental Planning

and Assessment Act, 1979).

2. The proposal is most appropriately defined as a secondary dwelling under Local

Environmental Plan 2012. A dwelling could not be approved in this manner because

Clause 5.4(9) of the Local Environmental Plan 2012 prohibits secondary dwellings with

a floor area exceeding 60m2 or 20% of the total floor area of the principal dwelling

(whichever is greater) Section 79C(1)(a)(i) of the NSW Environmental Planning &

Assessment Act, 1979).

3. The proposed development is inconsistent with the objectives of the RU6 Rural

Transition zone under Local Environmental Plan 2012 (Section 79C(1)(a)(i) of the NSW

Environmental Planning and Assessment Act, 1979).

4. The proposed development is inconsistent with the aims and objectives of DCP Part B

Section 1 – Rural (Section 79C(1)(a)(iii) of the NSW Environmental Planning and

Assessment Act, 1979).

5. The proposed has not been supported by adequate information including a Building

Code of Australia report, Bushfire report or an On-Site Sewerage Management report.


PAGE 56

ATTACHMENTS

1. Locality Plan


3. Site Plan

4. Proposed Floor Plan

5. Proposed Elevations

6. Approved Shed Plan

7. Photographs


PAGE 57



PAGE 58



PAGE 59

ATTACHMENT 3 – SITE PLAN


PAGE 60

ATTACHMENT 4 – FLOOR PLAN

Proposed Use of Ground Floor

Proposed Use of First Floor


PAGE 61



PAGE 62

ATTACHMENT 6 – APPROVED SHED PLAN

Approved Floor Plan

Approved Elevations


PAGE 63

ATTACHMENT 7 – PHOTOGRAPHS

Current use of room (dining room/lounge) – Proposed use is studio

as part as the indoor recreation facility

Current use of room (kitchen) – Proposed use as kitchenette as

part of the indoor recreation facility


PAGE 64

Carport that was approved as part of the Building Certificate that

has since been illegally enclosed.

Unauthorised retaining wall that is currently under construction that is

under action by Council’s Development Monitoring Team.


PAGE 65

Unapproved building works – roof terrace.

Unapproved roof terrace, concrete pillars with garage under.


PAGE 66

Unapproved carport at rear of dwelling.


PAGE 67

ITEM-4 DA NO. 465/2016/LD - DEMOLITION OF EXISTING

STRUCTURES AND CONSTRUCTION OF A TWO STOREY

DWELLING, INGROUND SWIMMING POOL AND

RETAINING WALLS - LOT 453 DP 228905 - 7

SANDRINGHAM DRIVE, CARLINGFORD




STRATEGY:






AUTHOR: SENIOR TOWN PLANNER

DAVID KOPPERS

RESPONSIBLE OFFICER: MANAGER DEVELOPMENT ASSESSMENT

PAUL OSBORNE

EXECUTIVE SUMMARY

The Development Application is for the demolition of the existing two storey dwelling and

construction of a new dwelling (part two storey, part single storey), inground swimming

pool and retaining walls.

The proposal has been assessed against the relevant provisions of The Hills Local

Environmental Plan 2012 and The Hills Development Control Plan 2012. There are no

variations to the applicable development controls.

The proposal was notified to adjoining and adjacent property owners and seven (7)

submissions were received in objection to the development. The reasons for objection

included the design of the dwelling being inconsistent with the streetscape and locality,

overshadowing and privacy impacts, and the general impacts associated with demolition

and construction operations.


Applicant: J Hekeik 1. LEP 2012 – Permissible – Satisfactory

Owner: J Hekeik

2.

The Hills DCP 2012 - One Variation -

Satisfactory

Zoning: R2 Low Density

Residential

3.

Section 79C (EP&A Act) - Satisfactory

Area:

866.0m2

4.

Section 94 or 94A Contribution – N/A

Existing Development: Residential


PAGE 68


1. Exhibition: N/A

1. Variation to DCP.

2. Notice Adj Owners: Yes – 14 days

2. Submissions received.

3. Number Advised: 5

4. Submissions

Received:

7 POLITICAL DONATION – None disclosed.

HISTORY

17/09/2015

21/09/2015

09/10/2015

13/10/2015

02/11/2015

08/12/2015

10/12/2015

Subject Development Application lodged.

Public notification to adjoining and adjacent properties

commenced.

Letter sent to the applicant requesting the amendment of the

Development Application, due to a number of DCP non-

compliances and minor issues with the submitted

documentation which required further clarification.

Email sent to the applicant regarding the nature of submissions

received in objection to the development. Applicant asked to

address concerns raised in the submissions.

Email received from the applicant with amended plans in

response to letter dated 09/10/2015.

Email received from the applicant with amended plans. Minor

revisions and notations required.

Email received from the applicant with final revision of

amended plans.

PROPOSAL

The Development Application is for the demolition of the existing two storey dwelling and

the construction of a new two storey dwelling, sublevel basement garage, inground

swimming pool and retaining walls.

Internal living areas are orientated to the north of the dwelling and private open space is

located within the southern aspect of the site at the rear of the dwelling. Pedestrian access

is provided adjacent to the proposed driveway.

The proposed building materials for the dwelling includes masonry brick with a white

painted render, vertical blade sandstone feature wall and a parapet roof design. Stepped

retaining walls are proposed along the side and front boundaries to enable partial

filling/levelling of the site with a maximum height of 0.83m above natural ground level.


PAGE 69


1. The Hills Local Environmental Plan 2012

Under the provisions of The Hills Local Environmental Plan 2012 (LEP), the subject site is

zoned R2 Low Density Residential. This type of development is categorised as a “dwelling

house” under the LEP which is defined as follows:

dwelling house means a building containing only one dwelling.

Under the provisions of the LEP, dwelling houses are permissible in the R2 Low Density

Residential zone. The objectives of the R2 zone are:

To provide for the housing needs of the community within a low density residential

environment.

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

needs of residents.

To maintain the existing low density residential character of the area.

The development is considered to be consistent with achieving the objectives of the R2

zone.

The maximum building height permitted for the site under the LEP is 9.0m. The maximum

proposed building height is 7.7m to the roof parapet.

2. The Hills Development Control Plan 2012

Part B Section 2 – Residential of The Hills Development Control Plan 2012 (DCP) applies to

the site and proposed development. The proposed development has been assessed against

the relevant controls of the DCP and has been determined as fully compliant against all

relevant development controls, with the exception of the following variations which have

been identified in the table below:

Control

THDCP Requirements Proposed

Development

Compliance

Clause

2.14.1

Front

Setback

The DCP requires a 10.0m

front setback, or alternatively

where the predominant

setback pattern of the street

exceeds the above

requirements, the setbacks of

three (3) adjoining dwellings

either side of the proposed

dwelling will apply.

Variable building line in

Sandringham Drive:

No. 1 = 5.8m

No. 3 = 9.7m

No. 5 = 9.2m

No. 9 = 9.8m

No. 11 = 8.8m

Average = 8.66m

Proposed development

provides a variable

building setback of

8.2m (blade feature

wall) 8.8m, 10.0m &

11.1m.

NO


PAGE 70

The variations to Clause 2.14.1 of The Hills DCP 2012 Part B Section 2 are addressed

below:

a) Front Setback:

The required front setback for the dwelling is 10 metres. The dwelling is setback 8.2

metres to a blade feature wall 8.8 metres, 10 metres and 11.1 metres. The variation is

supported as it does not generate excessive bulk and scale to the development, it adds an

appropriately designed architectural feature which contributes to the design and character

of the building and it does not negatively impact on adjoining properties or the

streetscape. Other properties in the street also have variations to the 10 metre setback.

The general objectives of the DCP are as follows:

i. Encourage a high standard of aesthetically pleasing and functional residential

developments that sympathetically relate to the adjoining and nearby

developments to create consistent streetscape and character;

ii. Ensure that development will not detrimentally affect the environment of any

adjoining lands and ensure that satisfactory measures are incorporated to

ameliorate any impacts arising from the proposed development;

iii. Encourage innovative and imaginative design with particular emphasis on the

integration of buildings and landscaped areas that add to the character if the

neighbourhood;

iv. Provide high levels of amenity for future residential of any residential development;

v. Implement the principles of Ecologically Sustainable Development.

vi. To facilitate the implementation of the aims and objectives of residential

development as set out in the Hills Shire LEP.

The development is considered to be consistent with achieving the objectives of the DCP in

providing a high standard of innovative design, which provides high levels of amenity for

the residents and does not detrimentally impact on the environment or local community.


Seven submissions were received in response to the notification of the development

application. The concerns raised are considered below:


Visually appears to be

a duplex.

The proposed development utilises a

blade wall feature located centrally

within the front building elevation.

Whilst this does visually create a

visual division through the centre of

the dwelling, overall the dwelling

remains visually coherent as a single

dwelling and does not appear as a

duplex. Traditional single dwelling

features which are retained include

the single central pedestrian

entrance and the one double garage.

Issue addressed.


PAGE 71


The design is not

consistent with

residential streetscape

and locality.

An inspection was carried out within

a catchment radius of 500m from

the development site to ascertain

the overall character of the locality

in relation to housing design. The

surrounding locality is currently

undergoing a period of urban

gentrification with a number of

examples of knock down rebuilds

occurring.

It is apparent that there is no single

defined character within the locality.

The difference in the proposed

development to most dwellings

within the locality is the absence of a

traditional pitched roof on the

proposed dwelling. However, there

are some examples of this in the

wider area. Whilst this may be seen

a design departure it is not

considered a negative aspect to the

development as it significantly

reduces the bulk and scale of the

development, making it significantly

less imposing than many of the

dwellings within the locality.

Issue addressed.

Use of Colorbond

cladding on external

walls is inconsistent

with the locality.

The proposed development utilises

Colorbond cladding in three separate

sections of the external walls which

address the side boundaries. Whilst

there are no examples of other

dwellings within the immediate area

utilising Colorbond products in this

manner, many dwellings within the

locality do utilise various cladding

types to add visual interest to the

design and to break up the

appearance of large wall spaces.

The use of Colorbond cladding is

considered to be consistent with the

overall design of the proposed

development and does not

negatively detract from the overall

design or the character of the

locality.

Issue addressed.


PAGE 72


General construction

impacts including

dust, noise, covering

of loads and tracking

material onto the road

Concern was also

raised regarding work

hours

Standard conditions of consent are

recommended regarding minimising

noise/dust nuisance and tracking of

material onto the road carriageway.

Covering of loads is not regulated by

Council and is subject to RMS/NSW

Police enforcement.

Standard condition relating to hours

of work.

Issue addressed.

Refer Condition No. 22.

The building setback is

not consistent with

surrounding dwellings

The DCP requires a 10.0m front

setback, or alternatively where the

predominant setback pattern of the

street exceeds the above

requirements, the setbacks of three

(3) adjoining dwellings either side of

the proposed dwelling will apply.

Variable building line in

Sandringham Drive:

No. 1 = 5.8m

No. 3 = 9.7m

No. 5 = 9.2m

No. 9 = 9.8m

No. 11 = 8.8m

Average = 8.66m

Proposed development provides a

variable setback of 8.2m (blade

feature wall) 8.8m, 10.0m & 11.1m.

The dwelling is consistent with the

surrounding dwellings and

incorporates a staggered setback.

The blade wall is a non-compliance

with the DCP and this has been

addressed separately in the report.

The bulk and scale of the

development is significantly less

than the adjoining dwellings.

Issue addressed.

Potential asbestos

exposure during

demolition works.

Standard conditions of consent are

recommended to ensure compliance

with WorkCover standards during

demolition works, including the

consideration of asbestos.

Issue addressed.



PAGE 73


Concern is raised

regarding the planting

of Tristaniopsis

Laurina (Water Gum)

and the potential

impact of the root

system on adjoining

properties

This concern has been reviewed By

Council’s Landscape Assessment

Officer. A condition of consent is

recommended the following

alternative species to be planted.

Grevillea ‘Moonlight’

Ceratopetalum gummiferum (NSW

Christmas Bush)

Buckinghamia celsissima (Ivory Curl

Tree)

Issue addressed.


Concern is raised

regarding the

potential privacy and

overshadowing

impacts to the

backyard area of No.

5 Sandringham Drive.

Bedroom 3 and 4 address No. 5

Sandringham Drive and elevations

have been subsequently amended to

provide minimum sill heights of

1.5m above finished floor level. This

is consistent with the requirements

of the THDCP 2012 in addressing

potential privacy impacts. Bedrooms

generally have lower occupancy

rates and greater internal privacy

screening when occupied in

comparison to living areas.

The proposed development provides

a moderate overshadowing impact

on the eastern portion of No. 5

during the 9am period and is free of

impact by noon (See attachment 7).

This is considered an acceptable

overall impact and consistent with

residential occupation.

The overall design of the proposed

development provides for a

significantly lower building profile

than either No. 5 or No. 9, and

therefore generates a significantly

lower overshadowing impact than

the adjoining dwellings.

Issue addressed.

CONCLUSION

This application has been assessed in accordance with the ‘Matters for Consideration’ as

noted under Section 79C of the Environmental Planning and Assessment Act 1979. Having

regard to the relevant provisions of The Hills Local Environmental Plan 2012 and The Hills

Development Control Plan 2012, the proposed development is considered to be

satisfactory.

The issues raised in the resident objections have been addressed within this report and do

not further amendment to the development or warrant refusal of the application.


PAGE 74

The Development Application is recommended for approval subject to conditions.

IMPACTS

Financial

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

estimates.


The 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 growth without adverse environmental or social amenity impacts.

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

report. The proposal provides a satisfactory design that does not compromise the

character of the locality and the Shire as a whole.

The proposal represents balanced urban growth, and the proposed residential

development will complement the nature of the site. The proposal fits within the context of

the site and is considered to be consistent with the long-term direction and goals for the

locality.

RECOMMENDATION

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

GENERAL MATTERS

1. Development in Accordance with Submitted Plans

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

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

conditions of consent.

REFERENCED PLANS AND DOCUMENTS

DWG NO. DESCRIPTION SHEET REV DATE

Survey Plan 1 of 1 18/06/2014

Site / Ground Floor Plan DA 01 C December 2015

Site / Lower Ground Floor DA 02 C December 2015

Elevations DA 03 C December 2015

Section A-A / Pool Details DA 04 C December 2015

Shadow Diagram / Site Analysis DA 05 C December 2015

Calculations / Details DA 06 C December 2015

15150 DA 1 Landscape Concept Plan A 03/09/2015

D1

Stormwater Management Plan:

Details, Notes & Legend

A 03/09/2015


PAGE 75

D2 Stormwater Management Plan:

Site / Ground Floor Plan & Details

A 03/09/2015


Lower Ground Floor Plan

A 03/09/2015


Roof Drainage Plan

A 03/09/2015


Stormwater Details

A 03/09/2015

D6 Sediment Control Plan A 03/09/2015

D7 Sediment Control Details A 03/09/2015

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

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

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. 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.

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.

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.


PAGE 76

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.

6. 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.

7. Demolition Notification

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

demolition works commence.

8. 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.


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


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.

10. 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.

11. Planting Requirements

The proposed plantings of Tristaniopsis Laurina are to be replaced with the following

species:

Grevillea ‘Moonlight’

Ceratopetalum gummiferum (NSW Christmas Bush)

Buckinghamia celsissima (Ivory Curl Tree)

12. External Finishes

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

development application and approved with this consent.

PRIOR TO WORK COMMENCING ON THE SITE

13. Principal Certifying Authority

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

and Assessment Regulations 2000.


PAGE 77

14. Builder and PCA Details Required

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

submitted to the Principal Certifying Authority prior to work commencing.

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

Authority in accordance with the Regulations.

15. Management of Building Sites – Builder’s Details

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

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

site is otherwise unoccupied.

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

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

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

Certifying Authority.

16. Consultation with Service Authorities

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

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

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

building, to the electricity meters and metering equipment.

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

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

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

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

are necessary.

17. 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 offsite 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. 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.

18. 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.

19. 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).


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20. 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).

21. 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 web site http://www.sydneywater.com.au/tapin/index.htm , Sydney

Water Tap in™, or telephone 13 20 92.

DURING CONSTRUCTION

22. Hours of Work

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

a) Monday to Saturday - 7.00am to 5.00pm;

b) 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.

23. 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:

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

repair for the duration of the construction work;

b) 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

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

covered.

24. Survey Report

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

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

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

25. 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.

661863S 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.

http://www.sydneywater.com.au/tapin/index.htm


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26. 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.

27. 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.

28. Filtration Motor Noise

The sound pressure level of the swimming pool filter and pump equipment shall not

exceed (at the boundary) a level greater than 5dB (A) above the background noise level in

accordance with Protection of the Environmental Operations Act 1997. If the noise of the

filter causes a nuisance to the occupiers of adjacent dwellings, the swimming pool filter

and pump shall be fully enclosed in an enclosure to attenuate noise emitted by the

swimming pool equipment.

29. Pool Discharge Water

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

to the sewer where available.

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

must be piped to an absorption trench.

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

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

30. Pool not to be Filled Until Occupation

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

31. Swimming Pool Safety Fencing

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

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

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

It should be noted that any steps, retaining walls, objects (for example – planter boxes,

pump enclosures and the like) or level changes that would otherwise reduce the height of

the barrier within a property shall not be located within 500mm of the barrier.

32. Resuscitation Warning Notice

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

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

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

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


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

a) and

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

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

OF THE POOL FENCE AT ALL TIMES",

And all other details required by the Regulation.

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE

33. Registration of Swimming Pool/Spa

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

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

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

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

registration.

ATTACHMENTS

1. Locality Plan


3. Existing Site Plan

4. Proposed Site Plan

5. Elevations

6. Section & Pool Details

7. Shadow Diagrams

8. Landscape Plan

9. Locality Photos – Dwelling Examples


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ATTACHMENT 3 – EXISTING SITE PLAN


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ATTACHMENT 4 – PROPOSED SITE PLAN


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ATTACHMENT 6 – SECTION & POOL DETAILS


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ATTACHMENT 7 – SHADOW DIAGRAMS


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ATTACHMENT 9 – LOCALITY PHOTOS – DWELLING EXAMPLES

11 Westminster Avenue

4B Westminster Avenue


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11 Snowdon Avenue

19 Snowdon Avenue


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21 Snowdon Avenue

5 Sandringham Drive


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26 Arcadian Circuit

7 Arcadian Circuit


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17 Arcadian Circuit

89 Felton Road

Development Assessment Unit - The Hills Shire

Documents

Transcript of Development Assessment Unit - The Hills Shire