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WINTEN HILLS

PRECINCT 5

STATEMENT OF ENVIRONMENTAL EFFECTS

WINTEN HILLS – PRECINCT 5

PROPOSED SUBDIVISION OF RESIDUE LOTS 805 & 806 CREATED IN DA 16-04214, BEING PART LOT 3 IN DP 1225885 & LOT 7 IN DP 1078187, RICHMOND ROAD, MARSDEN PARK PREPARED FOR WOORONG PARK PTY LTD

PREPARED BY CALIBRE CONSULTING (NSW) PTY LTD

JUNE 2017

X14419

PLANNING

DOCUMENT CONTROL

H:\X14\X14419 - LOT 4, 5 AND 10 RICHMOND RD, MARSDEN PARK\DOCUMENTS\REPORTS\PRECINCT 5 SEE\REV02

PRECINCT 5 SEE 20JUNE17.DOCX

Issue Date Issue Details Author Checked Approved

A MARCH 2017 DRAFT AQ PL PL

B 18/05/2017 DRAFT DJ JM JM

C 20/062017 FINAL JM PL PL

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NORWEST BUSINESS PARK NSW 2153

Ph: (02) 8808 5000

© 2017

TABLE OF CONTENTS

1 INTRODUCTION ............................................................................................................... 1

2 SITE DESCRIPTION ......................................................................................................... 3

2.1 Background 3 2.2 Site Detail 3 2.3 Zoning 4

3 PROPOSED DEVELOPMENT .......................................................................................... 6

3.1 Integrated Development 8

4 STATUTORY PLANNING CONTROLS AND COMPLIANCE ........................................... 9

4.1 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 9 4.2 Blacktown City Council Growth Centres Development Control Plan 2014 12

4.2.1 Part 2 – Precinct Planning Outcomes 12 4.2.2 Part 3 – Neighbourhood and Subdivision Design 16 4.2.3 Part 4 – Development in the Residential Zones 19 4.2.4 Schedule 6 – Marsden Park Precinct 19

5 SECTION 79C ASSESSMENT ........................................................................................ 21

5.1 Matters for Consideration 21 5.2 Any Other Relevant Matters for Consideration 23

6 CONCLUSION ................................................................................................................. 23

APPENDICES

APPENDIX A DETAILED CONTOUR AND SITE SURVEY PLAN

APPENDIX B SUBDIVISION PLANS

APPENDIX C PROPOSED LOT, ROAD AND DRAINAGE WORKS ENGINEERING PLANS

APPENDIX D NOTICE OF COMPLETION OF AHIP NO. C0001857

APPENDIX E VEGETATION MANAGEMENT PLAN

APPENDIX F STORMWATER MANAGEMENT STRATEGY REPORT

APPENDIX G SOIL SALINITY AND AGGRESSIVITY ASSESSMENT

APPENDIX H DETAILED SITE INVESTIGATION

APPENDIX I PEDESTRIAN EVACUATION LETTER

APPENDIX J BUSHFIRE PROTECTION ASSESSMENT

APPENDIX K STREETSCAPE PLAN

APPENDIX L WASTE MANAGEMENT PLAN

APPENDIX M REMEDIATION ACTION PLAN

APPENDIX N ROAD SAFETY AUDIT

APPENDIX O ESTIMATED COST OF WORKS REPORT

X14419 | PRECINCT 5 SUBDIVISION – WINTEN HILLS | SEE | 1

1 INTRODUCTION

This Statement of Environmental Effects (SEE) has been prepared by Calibre Consulting (NSW) Pty Ltd on behalf of

Woorong Park Pty Ltd in support of a Development Application (DA) under Part 4 of the Environmental Planning and

Assessment (EP&A) Act 1979. The Development Application seeks consent for the subdivision of Precinct 5 in Winten

Hills, including the following works on proposed residue Lots 805 and 806 in DA 16-04214, being part Lot 3 in DP 1225885

(formerly registered as Lot 10 in DP 1178982) and Lot 7 in DP 1078187, Richmond Road, Marsden Park (subject site):

Torrens title subdivision to create 266 residential lots;

Creation of one part residue lot for future subdivision and future sporting field;

Creation of one residue lot for a future sporting field and future bio retention area;

Street tree planting;

Minor lot regrading;

Creek crossings and

Construction and dedication of local roads and a collector road.

Winten Hills Precinct 5 is approximately 22.5 hectares in size and is located within the Marsden Park Residential Precinct.

The site is part of a larger development known as Winten Hills. Bulk earthworks over Winten Hills are approved under a

separate application, being DA 15-2273.

Woorong Park Pty Ltd is the owner and Winten as developer of the site subject to this DA. The appropriate owner’s consent

for submission of the DA is provided under a separate cover.

This DA is nominated as ‘integrated’ development under Section 91 of the EP&A Act 1979 with the application to be referred

to the Department of Primary Industries – Water (DPI Water) under the Water Management Act 2000 as proposed works

are within 40m distance from South Creek and its tributaries, and referral to the Rural Fire Service under the Rural Fires

Act 1997 as the site contains bushfire prone land.

The subject site is situated in the Blacktown Local Government Area and the proposed development is permissible with

consent in accordance with State Environmental Planning Policy (SEPP) (Sydney Region Growth Centres) 2006. The

proposed development has been assessed against the SEPP, the Blacktown City Council Growth Centre Precincts DCP

and Blacktown City Council’s planning requirements, the applicable statutory planning framework and against the relevant

heads of consideration under Section 79C of the EP&A Act 1979.

The Engineering Plans for the proposed development at Winten Hills, together with the water quality treatment devices

proposed as part of this development are generally in accordance with the “Marsden Park Residential Precinct – Post

Exhibition Water Cycle & Flood Management Strategy Report” (JWP, July 20131) developed to support the overall Marsden

Park Precinct development.

The following documents are submitted in support of this application:

Appendix A Detailed and Contour Survey Plan by Vince Morgan Surveyors

Appendix B Subdivision Plan prepared by Calibre Consulting

Appendix C Proposed Lot, Road and Drainage Works Engineering Plans by J. Wyndham Prince

Appendix D Notice of Completion of AHIP NO. C0001857 by Ecological Australia

Appendix E Vegetation Management Plan by Ecological Australia

Appendix F Stormwater Management Strategy Report by J. Wyndham Prince

Appendix G Soil Salinity and Aggressivity Assessment by Geotech testing Pty Ltd

Appendix H Detailed Site Investigation by DLA Environmental Services


Appendix I Pedestrian Evacuation Letter

Appendix J Bushfire Protection Assessment Report by Ecological Australia

Appendix K Streetscape Plan by JMD Design

Appendix L Waste Management Plan by Calibre Consulting

Appendix M Remedial Action Plan by DLA Environmental Services

Appendix N Road Safety Audit by Transport & Urban Planning Pty Ltd

Appendix O Estimated Cost of Works Report by Mitchell Brandtman

A DA estimate for the proposed for Precinct 5, was prepared by Mitchell Brandtman Quantity Surveyors & Construction Managers, is $16,126,955 inclusive of preliminaries, margin, and professional fees and exclusive of GST. The cost of the proposed development works is under $20 million, and as such, the determining authority will be Blacktown City Council. A subdivision development estimate for Precinct 5 is provided in Figure 1 below with the full report in Appendix O.

Figure 1: Precinct 5 within the Winten Hills development (Source: NearMaps)


2 SITE DESCRIPTION

2.1 BACKGROUND

The subject site is subject to a number of development applications, including the following:

DA 15-2273 – approved on 9 September 2016

JRPP 15-2324 – ‘Precinct 1’ approved on 16 January 2017

DA 16-04214 – School Site’ approved on 23 March 2017

DA 16-04553 – ‘Precinct 2’ approved on 04 April 2017

DA 16-05359. – Facilitating Subdivision’ approved on 17 March 2017 ‘

DA 16-05360 – Precinct 4 DA lodged on 9 December 2016 and is under final approval process with Council.

DA 16-05384 – Precinct 6 DA lodged on 14 December 2016 and is under final approval process with Council.

2.2 SITE DETAIL

The subject site is formally known as Lot 3 in DP 1225885 and Lot 7 in DP 1078187, Richmond Road, Marsden Park known

as Precinct 5 in Winten Hills, including the proposed residue Lots 805 and 806 in DA 16-04214, being part Lot 3 in DP

1225885 (formerly registered as Lot 10 in DP 1178982) and Lot 7 in DP 1078187, Richmond Road, Marsden Park.

Winten Hills Precinct 5 is approximately 22.5 hectares in size. The site has been used for agricultural purposes from the

early 1900s. No other significant development was noted to have previously occurred within the site. Surrounding land uses

and in the locality are found to range from grassed paddocks, agricultural land uses, chicken farm, market gardens and

rural residential subdivision. Site is shown in Figure 2 below. This application is supported by a Survey Plan attached at

Appendix A of this SEE.

Figure 2: Precinct 5 within the Winten Hills development (Source: NearMaps)

Figure 2 shows that Winten Hills is undeveloped land containing sparse vegetation, pond, an existing farm dam and a

tributary of South Creek with most remnant vegetation being along the creek lines. Further north of the site is the Clydesdale

estate (Lot 2 in DP 260476), which includes the heritage listed Clydesdale House.

Elara development by

Stockland

WINTEN HILLS

Precinct 5 – Site subject of this application


The proposed Precinct 5 subdivision is outside the State Heritage Register Curtilage of Clydesdale House. To the east is

a development by Stockland Pty Ltd (Stockland) that is currently under construction and provides access off Richmond

Road through Elara Boulevard the new local road network.

The location of the proposed Precinct 5 subdivision, and adjoining development is shown in the context of the adopted

Indicative Layout Plan (ILP) for the Marsden Park Precinct shown below in Figure 3.

Figure 3: Indicative Layout Plan (ILP) for the Marsden Park

2.3 ZONING

The Precinct 5 site is located within Lot 3 in DP 1225885 and Lot 7 in DP 1078187 and is situated on land on various land

zones as follows:

R2 Low Density Residential,

RE1 Public Recreation,

SP2 Local Drainage and

SP2 Local Road.

The subdivision of land, construction of roads and associated works are permissible with consent in the zones in

accordance with SEPP (Sydney Region Growth Centres) 2006 – Blacktown City Council Growth Centre Precincts 2013.

It must be noted that this application also proposes works within the E2 Environmental Conservation zone for the

construction of Road No. D1. Roads are permitted with consent in the E2 Environmental Conservation zone under SEPP

(Sydney Region Growth Centres) 2006 – Blacktown City Council Growth Centre Precincts 2013.

The purpose for the construction of the road within the E2 land is to achieve a better subdivision layout, engineering

outcome and road configuration that provides safe and convenient access to other roads within Precinct 5, including the

east-west collector road. It also allows the delivery of wider roads adjoining open space corridors as recently adopted by

Blacktown Council


Figure 4: Excerpt of Land zoning map (source: SEPP (Sydney Region Growth Centres) 2006)

The proposed road reserves range from 13.5m, 16m, 17.4m, 17.9m and 20m. The proposed development is biodiversity

certified under the Threatened Species Conservation Act 1995.

This application proposes a variation to the internal local road layout shown in the Marsden Park Precinct ILP below. The proposed roads achieves a better urban streetscape and subdivision layout plan and engineering outcome without adversely affecting the future planning and traffic movement in the surrounding area and is found consistent with the ILP.

Figure 5: Proposed Variation to the Indicative Layout Plan (ILP)

The proposed subdivision is generally consistent with the Marsden Park Precinct planning vision and is considered

necessary to enable the orderly development of the site and Council is requested to consider the variations to the ILP.

Precinct 5 – Site being the subject of this application

Proposed variation to internal roads and subdivision block layout


3 PROPOSED DEVELOPMENT

This DA seeks Council consent for the subdivision of Lot 3 in DP 1225885 and Lot 7 in DP 1078187 for the Precinct 5

subdivision within Winten Hills for Torrens title subdivision of proposed residue Lots 805 and 806 created in DA 16-04214,

being part Lot 3 in DP 1225885 and Lot 7 in DP 1078187 that entails the following:

Creation of 266 residential lots (proposed Lots 5002-5267);

o 24 Lots – 300sqm

o 176 Lots – 301sqm to 400sqm



Creation of Lot 5000 for future drainage with an area of 1446sqm

Creation of Part 5001 Lots:

o open space and drainage land with an area of 6.9041ha

o residential lot with an area of 537sqm

Street tree planting;

Minor lot regrading;

Creek crossings;

Construction and dedication of local roads and a collector road; and

Temporary ‘Easement for Access’ within the RE1 zone land (Lot Pt 5001)

Figure 7 shows the proposed Subdivision Plan, location of roads, lots and areas.

Figure 6 below shows a summary of the proposed lots and areas.

Figure 6: Lot Summary Table for Precinct 5


Figure 7: Extract of Subdivision Plan (Appendix B)


3.1 INTEGRATED DEVELOPMENT

This Development Application is nominated as ‘integrated’ development under Section 91 of the EP&A Act 1979 with the

application to be referred to DPI Water under the Water Management Act 2000 as proposed works are situated within 40m

distance from South Creek and its tributaries.

This application also requires referral to the Rural Fire Service under the Rural Fires Act 1997 as the site contains bushfire

prone land.

Figure 8: Bushfire Hazard Assessment


4 STATUTORY PLANNING CONTROLS AND COMPLIANCE

This Development Application is assessed against the development standards contained in the SEPP (Sydney Region

Growth Centres) 2006 – Blacktown City Council Growth Centre Precincts 2013 and the objectives and controls contained

in the Blacktown City Council Growth Centre Precincts Development Control Plan 2014.

4.1 STATE ENVIRONMENTAL PLANNING POLICY (SYDNEY REGION

GROWTH CENTRES) 2006

The Precinct 5 site is zoned R2 Low Density Residential, RE1 Public Recreation, SP2 Local Drainage and SP2 Local Road

under SEPP (Sydney Region Growth Centres) 2006 – Blacktown City Council Growth Centre Precincts 2013.

The following clauses of the SEPP are relevant:

Clause 4.1 Minimum subdivision lot size – The Precinct 5 subdivision site is not identified as having a minimum lot size

in accordance with the Lot Size Map. Clause 4.1AB provides minimum lot sizes for certain developments including

dwelling houses for land zoned R2 Low Density Residential.

Clause 4.1AB Minimum lot sizes for residential development in Zone R2 Low Density Residential and Zone R3 Medium

Density Residential – This clause applies to land in the R2 Low Density Residential and R3 Medium Density Residential

zones. The minimum lot size for a dwelling house is 300m2 if the minimum residential density (per hectare) is 15, 25

or 35 in accordance with Clause 4.1AB(3)(b). The Precinct 5 subdivision site has a residential density of 15 dwellings

per hectare (dw/ha) within the R2 Lot56w Density Residential zone. Proposed lot sizes range between 300m2 and

649m2. As such, the proposed subdivision is in keeping with Clause 4.1AB as all lots are a minimum of 300m2.

Clause 4.1B Residential Density – This clause states that the proposed density of any development must be in

accordance with the Residential Density Map. As stated above, the minimum dwellings per hectare to be achieved for

the R2 Low Density Residential zone is a minimum of 15 dw/ha. The Precinct 5 subdivision has a net developable area

of 13.99ha; therefore, the minimum number of lots required are 210 lots. The proposed subdivision seeks to create

266 residential lots, which meets the density target and enables the efficient use of the land for residential subdivision

in accordance with Clause 4.1B.

Draft SEPP (Sydney Region Growth Centres) 2006 – The residential density maximum density controls for residential

zoned land is 20 dwellings per hectare. In applying this requirement to the subject development, the maximum required

is 280 dwellings. The proposed lots total to 266 residential lots and therefore comply with the requirement.

Clause 5.1 Relevant acquisition authority – The Land Reservation Acquisition Map shows items within the Marsden

Park Precinct land that will be acquired by Council, such as open space areas, land used for drainage purposes or

roads. The Land Reservation Acquisition Map shows that land zoned RE1 Public Recreation, SP2 Local Drainage and

Local Road within the Precinct 5 site will be acquired by Council, as shown in Figure 5. The land to be acquired will be

transferred to Council in accordance with Council’s requirements.


Figure 9: Excerpt of Land Reservation Acquisition Map (source: SEPP (Sydney Region Growth Centres) 2006)

Clause 5.9 Preservation of trees or vegetation – The objective of this clause is to preserve the amenity of the area

through the preservation of trees and other vegetation. Lot 3 in DP 1225885 and Lot 7 in DP 1078187 have been

Biodiversity Certified under the Threatened Species Conservation Act 1995, with the exception of the E2

Environmental Conservation land. The removal of trees and vegetation is not proposed in this application as tree

and vegetation removal was approved under DA 15-2273 for bulk earthworks over the Winten Hills development

site, including Precinct 5.

Clause 5.10 Heritage Conservation – The objective of this section is to conserve existing heritage items and

minimise impacts to European and Aboriginal heritage. An Aboriginal Heritage Assessment letter was prepared

by AECOM for the Winten Hills development site, which includes the Precinct 5 subdivision area, and submitted

with DA 15-2273. The letter identifies Aboriginal heritage items of significance on the site and an Aboriginal

Heritage Impact Permit (AHIP No. C0001857) application was issued for DA 15-2273. Salvage works have been

strictly carried out in accordance with the AHIP. This application is supported by AECOM’s Notice of Completion

of AHIP No. C0001857 letter dated 12 December 2016 attached at Appendix D of this SEE, which confirms that

all archaeological site works within the development area have now been completed in accordance with the AHIP.

o No European heritage areas of significance were identified on the subject site during rezoning. However,

the site adjoins the heritage-listed Clydesdale House to the north, and is addressed in Section 4.2 of this

SEE. The proposed Precinct 5 subdivision is outside the State Heritage Register Curtilage of Clydesdale

House.

Clause 6.1 Public utility infrastructure – This clause seeks to ensure essential infrastructure, such as water supply,

electricity and the disposal and management of sewage are available for development within the Marsden Park

Precinct. Specific arrangements for the provision of public utility infrastructure will be made prior to the issue of the

Subdivision Certificate to ensure essential utilities are available to service the site.

Clause 6.3 Development controls—native vegetation retention areas – This clause applies as the subject site

contains a native vegetation retention area and riparian protection area within land zoned E2 Environmental

Conservation, as shown in Figures 6 and 7. The objective of this clause is to prevent the clearing of certain native

vegetation identified within the mapping. As stated under Clause 5.9, the entire site with the exception of E2


Environmental Conservation land is covered by biodiversity certification and the site will be cleared in accordance

with approval under DA 15-2273. It should be noted that a portion of proposed Road No. D1 is located within the

E2 Environmental Conservation in order to achieve a better subdivision layout, engineering outcome and road

configuration that provides safe and convenient access to other roads within Precinct 5.

The submission of a Vegetation Management Plan (VMP) for the E2 land contained within Winten Hills was carried

out under DA 15-2273 and is submitted with this Development Application at Appendix E. The VMP addresses

the requirement of Clause 6.5 Development in Zone E2 Environmental Conservation in SEPP (Sydney Region

Growth Centres) 2006 – Blacktown City Council Growth Centre Precincts 2013 and has been prepared for the

overall Little Creek riparian corridor and E2 lands. Works proposed in this application are in keeping with the

objective of Clause 6.3.

Figure 10: Native Vegetation Protection Map (Source: SEPP (Sydney Region Growth Centres) 2006)

Figure 11: Riparian Protection Area Map (Source: SEPP (Sydney Region Growth Centres) 2006)


Clause 6.4 Development controls—existing native vegetation – The objective of this clause is to manage

existing native vegetation in accordance with the relevant biodiversity measures under Part 7 of Schedule 7

to the Threatened Species Conservation Act 1995. The subject site contains some land that includes existing

native vegetation and native vegetation retention areas within the E2 Environmental Conservation zone, as

shown in Figure 6; however, road works are proposed within the E2 zone, as discussed under Clause 6.3.

The proposed development is in keeping with the objective of Clause 6.4 as the native vegetation will be

appropriately managed in accordance with the VMP (Appendix E).

4.2 BLACKTOWN CITY COUNCIL GROWTH CENTRES DEVELOPMENT

CONTROL PLAN 2014

The Blacktown City Council Growth Centres DCP outlines the planning controls for development in the Blacktown Growth

Centre Precincts. The relevant sections of the DCP are discussed in this section.

4.2.1 PART 2 – PRECINCT PLANNING OUTCOMES

Part 2 of the Blacktown City Council Growth Centres DCP defines precinct wide planning outcomes, including matters to

consider when determining the suitability and development potential of a site. Schedule 6 of the DCP is applicable as the

subject site is situated within the Marsden Park Precinct. The following comments are provided in response to the DCP

requirements:

Indicative Layout Plan – The proposed development is generally in keeping with the ILP. This application proposes a

minor variation to the internal local road layout and subdivision layout shown in the Marsden Park Precinct ILP in order

to achieve a better urban streetscape and subdivision layout plan with good road circulation, and engineering outcome

without adversely affecting the future planning and traffic movement in the surrounding area.

The proposed variation applies to the north-south local road bounded by other local roads in the south-eastern corner

of Precinct 5. It is proposed to amend this road arrangement and provide an additional local road that connects to other

local roads, as shown in Figure 8.

Figure 12: Proposed variation to the ILP

Proposed variation to internal roads and subdivision block layout


The proposed variation shown in Figure 12 is considered minor and provides a better engineering outcome and

good circulation for traffic movement without hindering the future planning of the road network for the surrounding

area connecting to other roads shown in the ILP.

A Road Safety Audit of the proposed road network change to the DCP road network in Precinct 5 was undertaken

by Transport and Urban Planning Pty Ltd. The audit concluded that there are no identified road safety risks and

has achieved the outcome of the ILP. (Appendix N – Road Safety Audit Report)

In addition, the proposed variation achieves the required residential density target, which is discussed under Section

4.2.2 of this SEE. As such, the subdivision contributes in meeting dwelling and population targets for the Marsden

Park Precinct and ensures that development in the Marsden Park Precinct occurs in a coordinated manner

consistent with the North West Structure Plan.

The proposed development supports the vision for the Marsden Park Precinct by establishing residential

neighbourhoods that are well connected, contribute to housing needs of future residents and minimise adverse

impacts to the natural features of the surrounding environment, including the adjoining riparian corridor.

The proposed development is generally consistent with the Marsden Park Precinct planning vision and the variation

is considered appropriate to facilitate the orderly development of the site. Council is requested to consider the minor

variation to the ILP.

Flooding and Water Cycle Management – The subject site is identified as flood prone land in accordance with Council’s

flooding map.

J. Wyndham Prince (JWP) prepared a Stormwater Management Strategy Report to support this Development

Application. The report details the stormwater quantity and quality management to ensure the proposed construction

of regional Basin 2, which is proposed in DA 16-05360, and water quality management devices are sized appropriately.

The Stormwater Management Strategy Report states that the proposed Basin 2 will ensure that post-development

flows do not exceed pre-development flows downstream of the proposed basin.

JWP conclude in the stormwater report that the proposed stormwater management strategy meets the objectives of

Council’s policies and provides best practice stormwater management for the proposed development. Refer to the

Stormwater Management Strategy Report attached at Appendix F for further details and compliance with Clause 19 of

SEPP (Sydney Region Growth Centres) 2006, which is addressed in Section 8 of the report.

DA 15-2273 for bulk earthworks over Winten Hills will provide stable platforms to support future residential development

and ensure that no future residential allotments are located at a level lower than the 1% AEP flood level plus freeboard

of 500mm. Appendix I - Pedestrian Evacuation Letter; highlights a letter from Molino Stewart with advice on pedestrian

flood evacuation. The letter concludes that there will be sufficient time and road capacity for future residents to evacuate

in the event of flooding. In extreme flood events that result in vehicular access being compromised, a pedestrian

evacuation route above the Probable Maximum Flood (PMF) level is available south of the subject site into the former

Air Services Australia land without any further earthworks. Consideration to overall levels for the precinct have been

undertaken.

The proposed Precinct 5 is detailed on engineering design drawings 998511/DA100C to DA158 dated 16/06/17

respectively as attached at Appendix C.

Salinity and Soil Management

DLA Environmental prepared a Soil Salinity and Aggressivity Assessment Report that was submitted with DA 15-2273

for bulk earthworks over Winten Hills. The assessment confirms earlier findings by Geotechnique during the rezoning

phase that found the topsoil on site is generally non-saline and that underlying alluvium soils are generally slightly


saline, grading to moderately saline at depths generally greater than 1m below ground level. The report concludes that

there is low potential for salinity impacts on site in close proximity to the drainage channels, creeks, and water dams,

and DLA Environmental recommend that a soil salinity management plan be implemented for site works. The Soil

Salinity and Aggressivity Assessment Report supports this application and is attached at Appendix G of this SEE.

Aboriginal and European Heritage

An Aboriginal Heritage Impact Permit (AHIP) No. C0001857 applies to the site and was issued as part of DA 15-2273

for bulk earthworks over the site having been approved by the Office of Environment and Heritage. Salvage works

have been strictly carried out in accordance with the AHIP. This application is supported by AECOM’s Notice of

Completion of AHIP No. C0001857 letter dated 12 December 2016 attached at Appendix D of this SEE, which confirms

that all archaeological site works within the development area have now been completed in accordance with the AHIP.

Areas of European significance were not identified on the subject site during rezoning as per Figure 3-6 ‘European

cultural heritage’ in Schedule 6 – Marsden Park of the DCP. It should be noted that Lot 3 in DP 1225885 and Lot 7 in

DP 1078187 adjoin Clydesdale House, which is located on Lot 2 in DP 260476 to the north of the site, however, the

proposed Precinct 5 subdivision is outside the State Heritage Register Curtilage of Clydesdale House. As such, there

is no identified heritage impact on Clydesdale House as a result of the proposed subdivision on the site.

Native Vegetation and Ecology

The Precinct 5 subdivision area is covered by biodiversity certification including road crossing proposed within the E2

land with the exception of land zoned E2 Environmental Conservation. Clearing works were carried out under DA 15-

2273 for bulk earthworks, and road works.

The conservation and management of the E2 Environmental Conservation land and riparian corridor traversing the

site, as shown in Figures 10 and 11 under Section 4.1 of this SEE, is addressed by the Vegetation Management Plan

attached at Appendix E.

Bushfire Hazard Management

Figure 3-7 in Schedule 6 of the DCP shows the requirement of asset protection zones (APZ) as the site adjoins E2

Environmental Conservation land, being bushfire prone land, as shown in Figure 9 below.

Figure 13: Bushfire risk and Asset Protection Zone requirements (source: Schedule 6 ‘Marsden Park’ of the DCP)

Precinct 5

subdivision area


Eco Logical Australia Pty Ltd was commissioned to prepare a Bushfire Protection Assessment (BPA) report for

the proposed development within Precinct 5 as well as Precincts 4 and 6 (DA 16-05360 and DA 16-05384

respectively).

The proposed development is considered suitable to be carried out subject to the recommendations in the BPA in

accordance with Table 1, being Table 1 in the BPA prepared by Ecological Australia.

Table 1: Threat assessment, APZ and category of bushfire attach

The APZs ensure that buildings are separated from the hazard and minimise the presence of fuels, which could

become involved in a fire. Therefore, the impact of direct flame contact, radiant heat and ember attack on the future

dwellings will be minimised.

Eco Logical Australia state that construction standards for future dwellings within the development will be

determined when individual development applications are lodged. In addition, future applications proposing

construction of dwellings must ensure development complies with setback requirements in the DCP, including a

minimum front setback of 4.5m to the building façade line.

Eco Logical Australia conclude that bushfire protection measures in the BPA comply with Planning for Bush Fire

Protection 2006 and allow for the issue of a Bush Fire Safety Authority. The BPA supports this application and is

attached at Appendix J.

Site Contamination

DLA Environmental carried out a Detailed Site Investigation (DSI) (reference number DL 3492), which was submitted

with DA 15-2273 for bulk earthworks. The DSI investigated the overall site of Winten Hills including Precinct 5 for

contaminated areas and concludes that the subject site is suitable for residential development. As such, there is no

constraint to the proposed residential subdivision as a result of contamination in accordance with the DSI, which is

attached at Appendix H of this SEE.

Odour Assessment and Control

The local area is predominantly used for rural residential purposes with land to the east currently being developed for

residential development. There are no known odour sources within close proximity to the site; therefore, the proposed

development is suitable to be carried out from an odour perspective and no additional supporting information is required

to support this Development Application.


Acoustic Privacy

The subject site is not within close proximity to any major roads or industrial or employment areas that will have an

acoustic impact on the proposed residential subdivision. An acoustic report is not required to be submitted with this

application.

4.2.2 PART 3 – NEIGHBOURHOOD AND SUBDIVISION DESIGN

Residential Density

The objectives of this section of the DCP seek to ensure the minimum density targets for the precinct are delivered, to

provide guidance on the appropriate mix of housing types and locations for certain housing types, establish the desired

character of residential areas and to promote housing diversity and affordability.

The subject site has a minimum residential density of 15 dwellings per hectare within the R2 Low Density Residential

zone in accordance with the Residential Density Map. The Precinct 5 subdivision site has a net developable area of

13.99ha. Therefore, the minimum number of lots required are 210 lots within Precinct 5. The proposed subdivision

complies with the minimum residential density requirement as it seeks to provide 266 residential lots.

The proposed development is in keeping with the objectives of this section of the DCP, as the minimum density target

for the site has been achieved and a range of lot types are provided, ensuring a mix of housing types and dwelling

sizes are developed in the area in accordance with SEPP (Sydney Region Growth Centres) 2006 – Blacktown City

Council Growth Centre Precincts 2013. The proposed development will help establish the desired residential character

of the area and promote housing diversity within the Marsden Park Precinct.

Block and Lot Layout

With respect to provisions relating to block layout, the Subdivision Plan (Appendix B) will create a legible and permeable

street hierarchy that responds to the surrounding natural environment. The length and depth of the street blocks

proposed in this application are generally in keeping with that shown in Figure 4-1 Residential Structure in Schedule 6

of the DCP; however, a variation is proposed to the block layout due to the addition of a local road in the south-eastern

corner of Precinct 5, which is discussed on page 9 under ‘Indicative Layout Plan.

Subdivision development applications are to comply with Table 3-2 ‘Minimum lot size by density bands’ in the DCP,

which shows that lots within the 15 dwelling density band require a minimum lot size of 300m2 for dwelling houses

(base control). The smallest lot size proposed in this application is 300m2, as shown in the Subdivision Plan. As such,

the proposed development complies with the applicable minimum lot size requirements for lots that have a minimum

dwelling density of 15 dw/ha.

Table 3-3 ‘Minimum lot frontages by density bands’ in the DCP specifies that the minimum lot frontages for front loaded

lots with a dwelling density of 15 dw/ha is 9m. The proposed development complies with this requirement, as lot

frontages are 10m or greater.

The residue lot created in this application, being proposed Lot 5269, is capable of future road access, subdivision and

development, which will be the subject of separate applications at a later stage. Zero lot lines have been nominated

for lots 10m wide with 900mm easement for access as shown on the Subdivision Plans.

Battle-axe Lots

The objectives of this part of the DCP seek to limit battle-axe lots to certain circumstances, ensure their amenity and

the amenity of neighbouring lots are not compromised by the location of the battle-axe lots, and to enable battle-axe

shaped lots or shared driveway access to lots fronting access denied roads.


Corner Lots

Corner lots proposed in this application are suitably sized for residential subdivision and have been designed to allow

future dwellings to address both street frontages in accordance with the DCP.

Subdivision Approval Process

The relevant subdivision approval pathway is Pathway A1 (DA for Subdivision). The proposed subdivision seeks to

provide lots equal to and greater than 300m2. Building Envelope Plans are not required for subdivision applications

using Pathway A1 (DA for Subdivision) in accordance with Table 9 ‘Subdivision Approval Process’ in the DCP.

Street Layout and Design

This application proposes a variation to the local road pattern, which is discussed under ‘Indicative Layout Plan’ in

Section 4.2.1 of this SEE. The proposed development supports the vision for the Marsden Park Precinct by establishing

residential neighbourhoods that are well connected, contribute to housing needs of future residents and minimise

adverse impacts to the natural features of the surrounding environment, including the adjoining riparian corridor. The

proposed variation to the internal local road network is considered appropriate and Council is requested to consider

the variation.

On 8 June 2016, the Department of Planning and Environment adopted amendments to the main body of the DCP as

well as Schedule 6 ‘Marsden Park’ of the DCP with respect to the road hierarchy figures and road cross sections.

Previously, the road cross section figures for collector roads, local streets and streets along riparian corridors/parks

were shown to be 20.8m, 16.6m and 16.6m respectively in the Marsden Park Precinct. However, there appears to be

an error with the 16.6m road width for streets along riparian corridors/parks in the superseded DCP, as the total

calculation of the street design equals 17.9m, which is the required width under the current DCP.

This Development Application proposes the construction of local roads, a collector road and roads adjoining the

sporting field lot zoned RE1 Public Recreation (Part Lot 5001) and the riparian corridor.

The road widths for the abovementioned roads under the amended main body and Schedule 6 of the DCP are listed

in Table 3 below, which provides a comparison between the required road widths in accordance with the DCP and the

proposed road widths in this Development Application.

The proposed development is in keeping with the objectives contained in this part of the DCP, as the Development

Application establishes a hierarchy of interconnected streets, assists in managing the environmental impacts of urban

development including stormwater, and contributes to the creation of interesting and attractive streetscapes.

Street Type, as per the

DCP

DCP Road Width

Requirement

Proposed Road Width Consistency with

DCP

Collector Road 20m 20m Yes

Local Street 16m 16m Yes

Street along Riparian

Corridors/Parks

17.9m - Park Frontage Road with

Adjoining Shared Path: 13.5m

- Street along Riparian Corridors:

17.4m and 17.9

No, variation sought

No, variation sought

for 17.4m consistent

with Precinct 2

DA16/04553

Table 2: Road Widths


As specified in Table 2, a variation is sought to the width for roads with park frontage and roads along the riparian

corridor, with the exception of proposed Road No. D2 (17.9m wide). The variation has been considered with

respect to the objectives and relevant provisions in this part of the DCP.

It is noted that despite the variation, the road width will be provided at 17.9m, which is in keeping with the DCP,

with the additional land being beyond the road reservation boundary for the shared path.

The objectives contained in this part of the DCP include:

a. To establish a hierarchy of interconnected streets that give safe, convenient and clear access within and

beyond the Precinct;

b. To assist in managing the environmental impacts of urban development including soil salinity and

stormwater;

c. To facilitate energy efficient lot and building orientation; and

d. To contribute to the creation of an interesting and attractive streetscape.

Comment:

a. This Development Application establishes a hierarchy of interconnected streets that do not compromise

the safety of pedestrians and road users and does not adversely affect traffic movement in the surrounding

area. The proposed road pattern has been designed to be generally in keeping with the ILP and only

internal roads and some road widths are proposed to be varied.

b. The environmental impacts of the proposed development are addressed in Section 4 of this SEE and

have been considered in the design of the subdivision and road network.

c. The subdivision has been designed generally in keeping with the ILP and ensures future lots are

orientated to receive adequate solar access.

d. The proposed subdivision will contribute to the creation of streetscapes consistent with the desired

character for areas with a residential density of 15, which will comprise of predominately a mix of single

and double storey detached dwellings, semi-detached dwellings and dual occupancies with opportunities

for secondary dwellings at the rear of properties.

Park Frontage Road with Adjoining Shared Path (13.5m wide road)

Figure 15 is a road section of a park frontage road with adjoining shared path and verge, being 13.5m wide in

total, as shown in the Proposed Lot, Road and Drainage Works Engineering Plans and Subdivision Plans.

Figure 15: Proposed Park Frontage Road with Adjoining Shared Path

DWELLING

SIDE PARK FRONTAGE


With respect to the 13.5m road adjoining the sporting field on Part Lot 5001, a reduced road width in lieu of the

required 17.9m is suitable for the site as a 2.5m shared path and 9m carriageway, whilst ensuring traffic movement

does not compromise the safety of pedestrians and road users.

The area of the sporting field residue lot is 6.7568ha, as shown in the Subdivision Plan attached at Appendix B, in

accordance with the zoning plan and Contributions Plan No. 21 – Marsden Park. As such, the proposed road

adjoining the sporting field residue lot does not impact on the required area.

Noting the above, the adopted 13.5m road width is appropriate for the proposed road adjoining the sporting field

and Council is requested to consider the road variation, which is consistent with the approved subdivision pattern

established elsewhere within the development.

Access to arterial and sub-arterial roads

The DCP seeks to restrict direct property access to higher order roads, such as arterial and sub-arterial roads, to

provide safe and efficient movement of vehicles on these roads. There are no arterial or sub-arterial roads within

close proximity to the Precinct 5 area, as shown in Figure 4-2 ‘Precinct road hierarchy’ in Schedule 6 – Marsden

Park of the DCP. The proposed development complies with the controls in this part of the DCP, as the proposed

road layout restricts property access to sub-arterial roads.

4.2.3 PART 4 – DEVELOPMENT IN THE RESIDENTIAL ZONES

Cut and Fill

Earthworks are approved under DA 15-2273 for bulk earthworks over Winten Hills. No further earthworks or new

retaining walls are proposed under this application. Only minor lot regrading is proposed, as required. Refer to

the Lot, Road and Drainage Engineering Plans attached at Appendix C for further details.

4.2.4 SCHEDULE 6 – MARSDEN PARK PRECINCT

In October 2013, the NSW Department of Planning and Environment rezoned the Marsden Park Precinct, which

forms part of the North West Growth Centre. Schedule 6 – Marsden Park Precinct of the DCP contains additional

controls to support the development of the precinct. The following comments are provided in response to the

controls and figures contained in Schedule 6 – Marsden Park Precinct:

4.2.4.1 SUBDIVISION PLANNING AND DESIGN

The proposed development supports the vision for the Marsden Park Precinct by establishing residential

neighbourhoods that are well connected, contribute to meet the population targets and housing needs of the future

community and minimise adverse impacts to the natural features of the surrounding environment, including the

adjoining riparian corridor.

4.2.4.2 GENERAL PRECINCT CONTROLS

Street Network and Design

The proposed development will facilitate in the creation of streets that minimise land area requirements and

enhance the landscape verge.


This application proposes a variation to the road pattern within Precinct 5 and design of roads adjoining the sporting

field and the riparian corridor, which is discussed under Section 4.2.1 of this SEE.

The proposed subdivision will create a safe, convenient and permeable road network that connects with adjoining

roads in accordance with the Indicative Layout Plan for the Marsden Park Precinct and achieves a subdivision

layout plan, urban streetscape and engineering outcome without adversely affecting the future planning and traffic

movement in the surrounding area. As such, Council is requested to consider the proposed variation to the design

of roads in this application.


5 SECTION 79C ASSESSMENT

5.1 MATTERS FOR CONSIDERATION

In determining a development application, a consent authority is to take into consideration the following matters:

(a) The provisions of:

i. Any Environmental Planning Instrument

State & Regional Planning Policies

The relevant State Environmental Planning Policies (SEPP) are:

SEPP No.55 Remediation of Land is addressed in the DSI prepared by DLA Environmental and concludes that

Precinct 5 is suitable for residential development. As such, there is no constraint to the proposed residential

subdivision as a result of contamination. The DSI supports this application and is attached at Appendix H.

SEPP (Sydney Region Growth Centres) 2006 – Blacktown Growth Centre Precincts Plan 2013 is addressed under

Section 4 of this SEE. The proposed development is generally in accordance with the relevant provisions under

the SEPP.

SEPP (Infrastructure) 2007 applies as Schedule 3 of SEPP (Infrastructure) 2007 identifies forms of traffic

generating development that require referral to the Roads and Maritime Services (RMS). The proposed

development includes the subdivision of land exceeding 200 allotments and the opening of a public road. As such,

this Development Application requires referral to the RMS.

Sydney Regional Environmental Plan No.20 – Hawkesbury Nepean River (is no longer a REP under amendments

to the Environmental Planning & Assessment Act 1979; and the planning controls are incorporated into the SEPP)

is relevant to the extent that the site is located within the Greater Metropolitan Region and provides for the control

of water that may leave the property with appropriate water quality control measures. Refer to the Stormwater

Management Strategy Report attached at Appendix F for further details.

ii. Any proposed instrument that is or has been the subject of public consultation under this Act and that has

been notified to the consent authority (unless the Director-General has notified the consent authority and

that the making of the proposed instrument has been deferred indefinitely or has not been approved).

There are no draft environmental planning instruments that have been the subject of public consultation that are relevant

to the proposed development.

Draft SEPP (Sydney Region Growth Centres) 2006 – The residential density maximum density controls for residential

zoned land is 20 dwellings per hectare. In applying this requirement to the subject development, the maximum required

is 280 dwellings. The proposed lots total to 266 residential Lots and therefore comply with the requirement.

iii. Any Development Control Plan

Blacktown City Council has a consolidated DCP for development within the Blacktown Growth Centre Precincts known as

the BCC Growth Centre Precincts DCP 2014. Site-specific controls for the Marsden Park Precinct support the controls in

the DCP under Schedule 6 – Marsden Park Precinct of the DCP. Section 4 of this SEE addresses all the relevant controls

contained in the DCP, including the site-specific development controls for development within the Marsden Park Precinct.


iii (a). Any planning agreement that has been entered into under Section 93F, or any draft planning agreement

that a development has offered to enter into under Section 93F

There is no planning agreement involving the proposed development in place.

iv. Any matters prescribed by the regulations (to the extent that they prescribe matters for the purposes of this

paragraph)

There are no prescribed matters under the Regulations that may impact on the consideration of this application.

(b) The likely impacts of that development, including environmental impacts on both the natural and built

environments, and social and economic impacts in the locality

The proposed subdivision will transform the land into a residential precinct in accordance with the objectives of the DCP.

Environmental considerations including stormwater management, bushfire management, contamination, salinity and

heritage are addressed in Section 4 of this SEE. The subject site is considered suitable for the proposed development and

will be carried out in accordance with the recommendations outlined in the consultants’ reports submitted with this

Development Application.

This application is supported by a Waste Management Plan attached at Appendix M of this SEE detailing the ongoing

management of waste on the site.

In terms of the built environment, the proposed subdivision is compatible with facilitating low density residential

development in accordance with the gazetted zoning boundaries.

The social and economic impacts of the proposed development are a positive outcome for the local area as the subdivision

of the land will provide a mix of residential lots within the Marsden Park Precinct, and assist in achieving dwelling and

population targets for the precinct.

(c) The suitability of the site for the development

The proposed development is appropriate for the subject site as it will facilitate the residential urban development of the

site. The site is suitable for residential subdivision from an environmental perspective.

(d) Any submissions made in accordance with this Act or the regulations

No submissions have been made at this stage of the development.

(e) The public interest

There are no aspects of the proposed development that would be contrary to the public interest.


5.2 ANY OTHER RELEVANT MATTERS FOR CONSIDERATION

The proposed development was discussed at the pre-application meeting held with Council officers on 1 November 2016.

Council issued the meeting notes on 23 November 2016, containing a summary of issues discussed at the meeting. These

matters have been addressed in this SEE with the following summary comments provided in response to Council’s letter:

The relevant documentation has been submitted with this Development Application.

The application is nominated integrated development and will be referred to the NSW Rural Fire Service and

Department of Primary Industrial – Water for comment under Section 91 of the EP&A Act 1979.

The battle-axe lots proposed in this application have areas greater than 500m2 (excluding access handle).

Water quality treatment and stormwater management is addressed in the Stormwater Management Strategy

Report attached at Appendix F.

Under the Contributions Plan No.21 – Marsden Park, the future sporting field created as proposed residue Part Lot 5001,

is identified as Reserve Number 1002. The proposed area of the local park in this Development Application is 6.7568ha,

which is the same as that shown in the contributions plan. The east-west culvert crossing (MP10.8), bridge crossing Little

Creek (ML4.1) and proposed residue Lot 5269, being the drainage land (ML8.0 and ML8.1), are also contribution items

with the same areas as that shown in the contributions plan.

6 CONCLUSION

This Statement of Environmental Effects has addressed all the relevant matters for consideration with respect to the

proposed Precinct 5 subdivision of 266 residential lots, residue lots for future subdivision, new roads, street tree planting

and drainage.

The proposed development promotes the orderly and economic use of the site and is generally in accordance with the

planning provisions under State Environmental Planning Policy (Sydney Region Growth Centres) 2006 – Blacktown City

Council Growth Centre Precincts 2013 and the Blacktown City Council Growth Centre Precincts Development Control Plan

2010.

The proposed development is permissible with development consent and Council is requested to issue the consent to

enable the proposed subdivision and associated works to proceed.

CALIBRE CONSULTING


6 CONCLUSION CONTINUED

APPENDICES


APPENDIX C PROPOSED LOT, ROAD AND DRAINAGE WORKS ENGINEERING PLANS





APPENDIX C PROPOSED LOT, ROAD AND DRAINAGE WORKS ENGINEERING

PLANS













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