development assessment unit€¦ · development assessment unit meeting 26 april, 2016 item subject...

Development Assessment

Unit

Tuesday, 26 April 2016

THE H

ILLS S

HIR

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NC

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DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA NO. 931/2016/HA - ADDITIONAL CAR

PARKING AND RELOCATION OF THE BIN BAY FOR

AN EXISTING MULTI DWELLING HOUSING

DEVELOPMENT - SP 71013 - COMMON PROPERTY,

291-293 NORTH ROCKS ROAD, NORTH ROCK

4

ITEM-3 DA NO. 327/2016/HA - DEMOLITION OF EXISTING

STRUCTURES AND CONSTRUCTION OF A MULTI-

DWELLING HOUSING DEVELOPMENT - LOT 10 DP

39083 - 14 - 16 BLENHEIM ROAD, CARLINGFORD

16


PAGE 3

MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE

HILLS SHIRE COUNCIL ON TUESDAY, 19 APRIL 2016

PRESENT

Cameron McKenzie Group Manager – Environment & Planning (Chair)

Paul Osborne Manager – Development Assessment

Andrew Brooks Manager – Subdivision & Development Certification

Angelo Berios Acting Manager – Environment & Health

Craig Woods Manager – Regulatory Services

Stewart Seale Manager – Forward Planning

Kristine McKenzie Principal Executive Planner

APOLOGIES

Mark Colburt Manager – Environment & Health

TIME OF COMMENCEMENT

8:30am

TIME OF COMPLETION

8:36am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 12 April

2016 be confirmed.

ITEM-2 DA NO. 499/2016/HB – TWO ADDITIONAL

LEVELS TO AN APPROVED MIXED USE

DEVELOPMENT CONTAINING 10 UNITS – LOTS 26-

26, 30, 33-36 DP 8001, LOTS 1-2 DP 209917, LOTS

1-2 DP 530832 7-13 JENKINS ROAD & 2-14

THALLON STREET, CARLINGFORD

RESOLUTION

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

END MINUTES


PAGE 4

ITEM-2 DA NO. 931/2016/HA - ADDITIONAL CAR PARKING

AND RELOCATION OF THE BIN BAY FOR AN

EXISTING MULTI DWELLING HOUSING

DEVELOPMENT - SP 71013 - COMMON PROPERTY,

291-293 NORTH ROCKS ROAD, NORTH ROCK

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: 3 MAY 2016

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR TOWN PLANNER

AMANDA HAWKINS

RESPONSIBLE OFFICER: MANAGER DEVELOPMENT ASSESSMENT

PAUL OSBORNE

EXECUTIVE SUMMARY

The Development Application is for the construction of three visitor car parking spaces

on the common property of an existing multi dwelling housing development, removal of

one tree and the relocation of an existing bin bay to within the front setback.

The application was notified and three submissions were received from owners within the

complex. The submissions raised concern with the proposed tree removal, visitor car

parking spaces and subsequent loss of common open space and relocation of the bin

bay.

The application is recommended for refusal as the proposed visitor car parking spaces

will result in three non-compliances with DCP Part B Section 4 – Multi Dwelling Housing

including the minimum landscaped area required, provision of common open space and

minimum setback from the car parking to the property boundary. In addition, the bin

bay is proposed to be located within an easement for a padmount substation, for which

no consent has been sought or obtained from the benefitting authority.

BACKGROUND MANDATORY REQUIREMENTS

Applicant: Compudraft Pty Ltd

1. LEP 2012 – Satisfactory.

Owner: The Owners of SP

71013

2. The Hills DCP Part B Section 4 –

Multi Dwelling Housing -

Unsatisfactory.

Zoning: R2 Low Density

Residential

3. Section 79C (EP&A Act) –

Unsatisfactory.

Area: 2,006m2

4. Section 94 Contribution – N/A

Existing

Development:

Multi dwelling housing


PAGE 5

SUBMISSIONS REASONS FOR REFERRAL TO DAU

1. Exhibition: Not required.

1. Recommended for refusal.

2. Notice Adj Owners: Yes, 14 days.

3. Number Advised: Six

4. Submissions

Received:

Three POLITICAL DONATION – None disclosed

HISTORY

24/08/1999 Development Consent 2776/1999/HB issued for a townhouse

development comprising 7 x 3 bedroom townhouses.

13/02/2001 Section 96 Modification Consent 2776/1999/HB/A issued for an

approved townhouse development.

14/12/2015 Subject Development Application lodged.

08/01/2016 Letter sent to the applicant requesting additional information in

relation to landscaped area, parking space dimensions and the

proposed bin storage area.

03/02/2016 Amended plans submitted.

15/02/2016 Letter sent to the applicant advising that the proposed bin bay

encroaches into an Integral Energy easement and that any

encroachment requires the written consent of the benefitting

authority. The applicant was also advised that the proposal will

create several DCP non-compliances and cannot be supported.

16/02/2016 Phone discussion held with the applicant to discuss the issues

with the proposal. The applicant advised that they would seek

instruction from the Owners Corporation and Strata Manager.

09/03/2016 Letter sent to the applicant requesting an update.

30/03/2016 Email sent to the applicant requesting an update.

11/04/2016 Phone message left for the applicant requesting an update. No

response has been received to date.

PROPOSAL

The Development Application is for the construction of three visitor car parking spaces

on common property and the relocation of an existing bin bay to within the front

setback.

The removal of one Jacaranda mimosifolia (Jacaranda) tree is also proposed from the

common open space area to facilitate the construction of the car parking spaces.


PAGE 6

ISSUES FOR CONSIDERATION

1. Compliance with Local Environment Plan 2012

The site is zoned R2 Low Density Residential under The Hills Local Environmental Plan

2012. Under The Hills LEP 2012, the development is defined as “multi dwelling housing”

which is prohibited development.

It is noted however that the development is existing and development consent was

granted in 1999, at which time, the site was zoned Residential 2(a3) and townhouse

development was a permissible form of development in the zone.

As a result, the site is now benefitted by ‘existing use’ rights under the Environmental

Planning and Assessment Act 1979. Section 106(b)(i) of the Act states that an existing

use includes the use of land over which development consent was granted before an

environmental planning instrument that prohibits its use.

Accordingly, the existing development satisfies the above provision and is considered

satisfactory with regard to The Hills LEP 2012.

2. Compliance with DCP Part B Section 4 – Multi Dwelling Housing

The proposal has been assessed against the provisions of DCP Part B Section 4 – Multi

Dwelling Housing and three non-compliances have been identified as detailed below:

DEVELOPMENT

STANDARD

DCP

REQUIREMENTS

PROPOSED

DEVELOPMENT

COMPLIANCE

Landscaped Area A minimum of 50%

of the site shall be

provided with

landscaping areas,

exclusive of access

driveways and

parking.

Existing trees should

be preserved

wherever possible.

In particular

consideration must

be given to retaining

trees in the front,

rear and side

setback areas.

Development

Consent

2776/1999/HB

approved a

landscaped area for

the development of

50%.

An updated

landscaped area

calculation has not

been provided by the

applicant however it

is estimated to be

approximately 815m2

(41%).

The proposed visitor

car parking spaces

will require the

removal of an

existing mature

Jacaranda

mimosifolia

(Jacaranda) in the

common open space.

No. The

development will

no longer provide

a satisfactory

relationship

between the built

form, hardstand

and landscaped

areas within the

site.


PAGE 7

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.

For developments

containing between

6-14 dwellings, a

minimum of 144m2

of common open

space is required.

Development

Consent

2776/1999/HB

approved a common

open space area of

100m2 for the

development.


car parking spaces

will result in no

common open space

being provided for

the development.

No. The

development will

not be provided

with a functional

area within the site

for the informal

recreation of

residents and

children’s play.

The loss of the

common open

space area would

result in the

development no

longer providing a

high level of

amenity for

residents.

Car Parking Car parking areas

are to be separated

from any adjoining

property boundaries

by a 2 metre wide

landscaped strip to

screen the parking

from view.


spaces provide a

varied setback from

the side property

boundary from 0-

684mm.

No. The setback

proposed for the

additional car

parking spaces

does not allow for

landscape

screening and

therefore cannot

ensure the

development will

not detrimentally

affect the amenity

of the adjoining

lots. The proposed

car spaces are

directly adjacent to

the private open

space areas on the

adjoining lots.

3. Issues Raised in Submissions

The proposal was notified to adjoining property owners for a period of 14 days and three

submissions were received. The issues raised in the submissions are summarised in the

following table.

ISSUE/OBJECTION COMMENT OUTCOME

A beautiful mature

Jacaranda tree is being

removed only to be replaced

with 3 car spaces. It is the

only beautiful tree at the

rear of the complex.

The proposed tree removal and

visitor car parking spaces are

not supported for the reasons

outlined in this report.

The application is

recommended for

refusal.


PAGE 8


The owners were originally

advised that the tree would

be retained and two car

spaces would be

constructed, one on each

side of the tree. However

after calling Council it was

advised that the car spaces

could cause damage to the

tree and that the proposal

was not likely to be

supported.

If this was unsatisfactory,

how come granting

permission to construct

three car spaces is being

considered?

The existing resident and

visitor car parking provided

on site is sufficient.

Approving the additional car

parking spaces will result in

no common open space

within the site. This

development is located on a

busy road and the

landscaped area within the

front setback is unfenced

rendering it unsafe and

unusable as a recreational

area.

The proposed visitor car parking

spaces are not supported for

the reasons outlined in this

report.

The application is

recommended for

refusal.

Relocating the bin bay is

unnecessary and it will be an

unhygienic eyesore.

The bin bay is detailed as

being only for the use of

Dwellings 2-4 only with the

remaining dwellings storing

their bins in their yards.

This arrangement does not

have the support of all

owners within the complex.

The proposed bin bay is not

supported for the reasons


The application is

recommended for

refusal.

4. Compliance with Title Restrictions

Strata Plan 71013 shows an easement for a padmount substation exists within the front

setback with dimensions of 5.5 metres by 2.75 metres.


PAGE 9

Item 3 of the 88B Instrument states that the benefitting authority of this easement

(Integral Energy Australia), shall have full and free right and licence to erect a

padmounted substation in this location for the purpose of transmission of electricity and

incidental purposes.

The restriction also stated that the owners of the lot will not erect, or permit to be

erected, any structure over the easement without the written permission of the

benefitting authority.

The proposed bin bay is located within this easement however written consent from the

benefitting authority has not been sought or obtained. The applicant was requested to

provide written consent for the proposed works within the easement however this has

not been submitted. As a result, the proposed location of the bin bay is not supported.

ENGINEERING COMMENTS

The proposal was reviewed by Council’s Subdivision Co-ordinator who requested the

proposal be amended in order to comply with the Australian Standard. The amendments

were made as requested however they resulted in other DCP non-compliances and the

proposed visitor car parking spaces are considered unsatisfactory for the reasons


RESOURCE RECOVERY COMMENTS

The proposal was reviewed by Council’s Resource Recovery Project Officer who

requested that the applicant submit additional information to demonstrate that the

dwellings not utilising the bin bay can meet the storage requirements within their

allotments. A review of the approved plans shows that the arrangement is in keeping

with the original approval for the development.

CONCLUSION

The Development Application has been assessed against the heads of consideration

under Section 79C and 106-109B of the Environmental Planning and Assessment Act,

1979, Local Environmental Plan 2012 and DCP Part B Section 4 – Multi Dwelling Housing

and is considered unsatisfactory.

The issues raised in the submissions have been addressed in the body of the report and

warrant refusal of the application.

Accordingly, it is recommended that the application be refused.

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.


PAGE 10

The Hills Future Community Strategic Plan

The proposed development is not consistent with the planning principles, vision and

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

development does not provide for satisfactory urban growth without adverse

environmental or social amenity impacts and may unreasonably impact on property

owners within the site.

RECOMMENDATION

The Development Application be refused on the following grounds:

1. The proposed works do not comply with the minimum landscaped area required by

DCP Part B Section 4 – Multi Dwelling Housing. The development will no longer

provide a satisfactory relationship between the built form, hardstand and

landscaped areas within the site.

(Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979).

2. The proposed works do not provide any common open space as required by DCP

Part B Section 4 – Multi Dwelling Housing. The development will not be provided

with a functional area within the development for the informal recreation of

residents and children’s play.


3. The proposed works do not provide sufficient setbacks between the proposed car

parking spaces and the property boundary as required by DCP Part B Section 4 –

Multi Dwelling Housing. The setback of the proposed car parking spaces from the

property boundary will not permit landscaping to be planted to screen the car

spaces from the adjoining lots.


4. The proposed works do not adequately demonstrate compliance with the aims and

objectives of DCP Part B Section 4 – Multi Dwelling Housing. The loss of the

common open space area would result in the development no longer providing a

high level of amenity for residents. The setback proposed for the additional car

parking spaces does not allow for landscape screening and therefore cannot ensure

the development will not detrimentally affect the amenity of the adjoining lots. The

proposed car spaces are directly adjacent to the private open space areas on the

adjoining lots.

(Section 79C(1)(a)(iii) and (b) of the Environmental Planning and Assessment Act

1979).

5. The applicant has not obtained the written consent of the benefitting authority of

an easement over the lot for the proposed bin bay.

(Section 79C(1)(b) and(c) of the Environmental Planning and Assessment Act

1979).

6. The proposal has attracted three submissions raising objection to the works.

(Section 79C(1)(d) of the Environmental Planning and Assessment Act 1979).

ATTACHMENTS

1. Locality Plan

2. Aerial Photograph

3. Existing Site Plan

4. Proposed Site Plan

5. Strata Plan


PAGE 11

ATTACHMENT 1 – LOCALITY PLAN


PAGE 12

ATTACHMENT 2 – AERIAL PHOTOGRAPH


PAGE 13

ATTACHMENT 3 – EXISTING SITE PLAN


PAGE 14

ATTACHMENT 4 – PROPOSED SITE PLAN


PAGE 15

ATTACHMENT 5 – STRATA PLAN


PAGE 16

ITEM-3 DA NO. 327/2016/HA - DEMOLITION OF EXISTING

STRUCTURES AND CONSTRUCTION OF A MULTI-

DWELLING HOUSING DEVELOPMENT - LOT 10 DP

39083 - 14 - 16 BLENHEIM ROAD, CARLINGFORD

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: 26 APRIL 2016

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR TOWN PLANNER

AMANDA HAWKINS

RESPONSIBLE OFFICER: MANAGER DEVELOPMENT ASSESSMENT

PAUL OSBORNE

EXECUTIVE SUMMARY

The Development Application is for the demolition of existing structures, tree removal

and construction of a multi-dwelling housing development comprising seven dwellings

with associated basement parking for 17 vehicles.

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

Control Plan 2012 Part B Section 4 – Multi Dwelling Housing (DCP). A variation to the

solar access requirement for the private open space areas is addressed in the body of

the report and is considered to be satisfactory.

Four submissions were received raising concern with respect to traffic and parking,

potential asbestos contamination, stormwater drainage and management of the site

during construction. The issues raised within the submissions are not considered to

warrant further amendment or refusal of the application.

It is recommended that the Development Application be approved subject conditions.


PAGE 17

BACKGROUND MANDATORY REQUIREMENTS

Applicant: Design Cubicle Pty

Ltd

1. LEP 2012 - Permissible with Consent.

Owner: Yuki Nakamura,

Gualberto Pili, Colin

and Watcharee

Newell

2. THDCP 2012 Part B Section 4 – Multi

Dwelling Housing – Variation

proposed, see report.

Zoning: R3 Medium Density

Residential

3. Section 79C (EP&A Act) –

Satisfactory.

Area: 1917m2

4. Section 94 Contribution - $12,879.94

Existing

Development:

Two single dwellings

with ancillary

structures

SUBMISSIONS REASONS FOR REFERRAL TO DAU

1. Exhibition: Yes, 14 days

1. Submissions received.

2. Notice Adj

Owners:

Yes, 14 days 2. Variation to the DCP.

3. Number Advised: 19

4. Submissions

Received:

Four POLITICAL DONATION – None disclosed

HISTORY

21/08/2015 Subject Development Application lodged.

25/09/2015 Letter sent to the applicant requesting additional information and

amendments be submitted to address DCP non-compliances, site

drainage and vehicular access and parking.

19/10/2015 Email received from the applicant advising that the requested

information will be submitted within 14 days.

20/11/2015 Email sent to the applicant requesting all information be

submitted within 14 days or the application will be determined in

its current form.

24/11/2015 Amended plans submitted.

01/12/2015 Email received from the applicant requesting additional time to

submit the stormwater drawings and flood study.

04/12/2015 Additional information submitted.


PAGE 18

03/02/2016 Email sent to the applicant advising of the remaining DCP non-

compliances and requesting either the BASIX Certificate or plans

be amended to ensure they are consistent.

15/02/2016 Amended plans and BASIX Certificate submitted.

08/03/2016 Email sent to the applicant requesting an updated Landscape Plan.

14/03/2016 Email sent to the applicant requesting an addendum to the

Arborist Report be submitted addressing the most recent issue of

the stormwater plans.

14/03/2016 Amended Landscape Plan submitted.

14/03/2016 Email sent to the applicant advising that the Landscape Plan was

still not consistent with the most recent issue of the architectural

and stormwater plans.


17/03/2016 Addendum to the Arborist Report submitted.

29/03/2016 Email sent to the applicant advising that the Landscape Plan is still

not consistent with the most recent issue of the architectural and

stormwater plans.


PROPOSAL

The Development Application is for the demolition of existing structures, tree removal

and construction of a multi-dwelling housing development comprising seven dwellings

with associated basement parking for 17 vehicles. The proposed multi-unit dwellings will

be two storeys and comprise 3 x 2 bedroom and 4 x 3 bedroom dwellings.

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

groups. Three dwellings are located parallel to the frontage of Blenheim Road and four

dwellings are located parallel to the rear boundary.

An access driveway is located parallel to the eastern side boundary which will provide

vehicular access to the basement car parking area. Each dwelling is provided with two

car parking spaces and storage areas with direct access to each dwelling via stairs.

Three visitor car parking spaces are provided in the car parking area along with two

communal stair cases to provide pedestrian access from the basement to the

development.

Private open space areas are provided for all dwellings orientated to the north and south.

The common open space area is located in the middle of the site and will contain a

landscaped area and hardstand area containing seating.

Each dwelling fronting Blenheim Road has separate pedestrian access to the street. A

separate pedestrian access path for the four dwellings at the rear of the site is provided

parallel to the western side boundary.


PAGE 19

Dwelling No. 3 is proposed to be an adaptable dwelling and is capable of compliance with

the Building Code of Australia, Premises Standard and applicable Australian Standards.

The proposed building materials for the dwellings include painted cement render,

colorbond cladding and hebel feature walls. The roof will comprise of colorbond cladding

whilst the courtyard fences fronting Blenheim Road will be masonry with horizontal slats

and are set back from the front boundary.

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 and planter boxes are proposed throughout the site and along a portion

of both side boundaries with a maximum height of 700mm. The proposal includes the

removal of two trees and the retention of one tree at the rear of the site.

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 to the rear of the site. Rear boundary fencing will be pool

type fencing for the bottom 800mm to permit stormwater to pass through.

SITE AND SURROUNDS

The subject site has a frontage of 33.5 metres and an area of 1,917m2. The site slopes

away from Blenheim Road with a fall of approximately 5 metres.

The site benefits from an easement for stormwater drainage 6.1 metres wide located on

the property to the rear known as Lot 28 DP 10342.

The subject site is adjoined by single dwellings, a villa and townhouse development at 1-

7 Blenheim Road and a number of recently constructed two storey dwellings.

ISSUES FOR CONSIDERATION

1. Compliance with 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 proposed 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 7.4 metres.

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.

Accordingly, the proposal is considered satisfactory with regard to the LEP.


PAGE 20

2. Compliance with The Hills Development Control Plan 2012

The proposal has been assessed against the provisions of DCP 2012 Part B Section 4 –

Multi Dwelling Housing and complies with all relevant development standards with the

exception of the following:

DEVELOPMENT

STANDARD

DCP

REQUIREMENTS

PROPOSED

DEVELOPMENT

COMPLIANCE

Solar Access –

Private Open Space

At least 80% of

dwellings have a

private open space

that receives direct

sunlight to 50% of

the required

courtyard area

between 9am and

3pm on 21 June. For

the remaining 20%

of units 50% of each

private open space

area is to receive

direct sunlight for 3

hours between 9am

and 3pm on June 21.

For the proposed

development, 5.6

dwellings are

required to receive

direct sunlight as

specified by the DCP

to achieve

compliance.

Shadow diagrams

and a solar access

table has been

submitted which

shows that three of

the seven dwellings

receive the required

solar access to

private open space

areas.

No, see below for

detail.

The objectives of Clause 3.12 of the DCP are:

(i) To provide private outdoor living space that is an extension of the dwelling

for the enjoyment of residents.

(ii) To provide private outdoor living space that receives a reasonable quantity

of sunshine during all months of the year.

(iii) To provide a service space for clothes drying.

The applicant has provided the following justification for the non-compliance:

‘In the current circumstances, when taking into account the lot orientation and the 5m

fall to the rear that makes strict compliance unachievable without a substantial reduction

in dwelling yield (to a point where the site is not financially viable), it is considered that

compliance with the control is unreasonable as the underlying intent of the control is

achieved. This is based on the following assessment:

The proposal complies with the maximum building height controls applying to the

site;

Townhouses 5 and 6 that receive the least solar access are still provided with an

area of 13m2 that will receive solar access for more than 3 hours in mid-winter.

This area is large enough to accommodate a table and chairs for all residents of

the townhouses in order to ensure that the winter sun can be enjoyed by

residents;


PAGE 21

All residents have access to semi-private common open space areas that receive

adequate solar access throughout the yard including mid-winter;

The solar access provided to courtyards will facilitate the natural drying of clothes

without relying on mechanical dryers;

The proposal complies with the minimum private open space areas contained

within the DCP;

The sunlight access during the equinox will enable compliance with the DCP

provisions; and

The proposal complies with the minimum common open space requirements;

Given consistency with the other relevant planning controls it is contended that the

proposal provides an appropriate level of solar access to all townhouses. Therefore the

variation to the control is considered acceptable given the site context and design

response proposed.’

Comment:

Clause 3.12(a) of the DCP states that private open space equal to 50% of the dwelling

floor area is required to be provided. For the proposed development, the table below

shows the amount of private open space required by the DCP and what is proposed:

Dwelling

No.

Proposed

Dwelling

Floor Area

Minimum amount of private

open space required by the DCP

Private open

space proposed

1 135m2 67.5m2 87.5m2

2 135m2 67.5m2 119m2

3 110m2 55m2 130m2

4 110m2 55m2 113m2

5 136m2 68m2 68m2

6 136m2 68m2 68m2

7 110m2 55m2 97.9m2

The proposed development provides significantly more private open space than the

minimum required by the DCP for all but two of the dwellings, which still meet the

minimum DCP requirement.

A solar access table was submitted with the application as detailed below:


PAGE 22

As can be seen in the table, Dwellings 1-3 achieve compliance with the DCP control. The

private open space area of Dwelling 4 achieves compliant solar access with the exception

of 9am only and Dwelling 7 with the exception of 2-3pm. Dwelling 5 only achieves

compliance at 3pm and Dwelling 6 never achieves compliant solar access. In summary,

only three of the seven dwellings meet the solar access requirements of the DCP.

The Land and Environment Court Planning Principle regarding ‘access to sunlight’ (from

The Benevolent Society v Waverley Council [2010] NSWLEC 1082, paragraph 144) states

that the ease with which sunlight access can be protected is inversely proportional to the

density of the development. At higher densities sunlight is harder to protect. For private

open space to be assessed as receiving adequate sunlight, the size of the open space

and the amount of it receiving sunlight should be taken into consideration. The smaller

the open space, the greater the proportion of it that requires sunlight for it to have

adequate solar amenity.

The subject site is situated on the southern side of Blenheim Road and falls away from

the street. As a result, the site is considered to be vulnerable to access to sunlight and

sunlight is harder to protect for properties which are vulnerable.


PAGE 23

To mitigate this, Dwellings 1-3 utilise most of the north facing front setback area as

private open space and Dwellings 5 and 6 include small courtyard areas which are also

orientated north.

The variation is considered supportable as the development still satisfies the objectives

of the DCP. Every dwelling is provided with useable private open space which receives a

reasonable amount of sunlight despite the orientation and slope of the site. The

proposed design is considered to respond well to the topography of the lot and minimise

any adverse impact on adjoining lots. The submitted plans detail the clothes drying

facilities within each dwelling which are considered to be appropriately located.

Given the above, a variation to the solar access requirements for private open space is

considered to be satisfactory.

3. Issues Raised in Submissions

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

exhibition for a period of 14 days. In response, four submissions were received during

the exhibition period. The issues raised within these received submissions are addressed

below:-


Traffic / Parking / Road

Safety

The road is only 3 car

widths wide and cars are

often parked on both sides

which is a safety hazard for

motorists driving down the

road and entering/exiting

driveways.

The primary mode of

transportation for residents

is private vehicle. A lot of

households have at least

two vehicles and park one

on the street.

The traffic from this

development will only

worsen the congestion and

create a more dangerous

situation for the young

children who walk to school

along Blenhiem Road.

In addition, the proposed

development will only

worsen the existing poor

condition of the road, both

during construction and

upon completion.

Blenheim Road is zoned R3 Medium

Density Residential and multi-

dwelling housing is a permissible

form of development in the zone.

The proposal has been assessed

against the relevant Australian

Standards, LEP and DCP controls

and demonstrates compliance with

only one exception, solar access.

The parking provided within the

site is considered to be sufficient to

cater to the needs of the

development and complies with the

DCP.

The proposal was reviewed by

Council’s Principal Co-ordinator –

Roads and Transport who advised

that the proposed development

would have minimal impact on the

existing road network in the

locality and that the imposition of

parking restrictions on Blenheim

Road is not warranted given the

scale of this development.

Should the quality of the road

become compromised, it should be

reported to Council so that repairs

may be undertaken.

Issue addressed.


PAGE 24


Services – Water

The current water

infrastructure will be

impacted as more demand

will be placed on it as a

result of the proposal.

A condition of consent is

recommended which requires the

applicant to obtain a building plan

approval from Sydney Water prior

to work commencing

Any issues with water pressure

should be reported to Sydney

Water for further investigation.

Issue addressed –

refer to Condition

No. 32.

Asbestos

14-16 Blenheim Road

properties are very old and

in all possibility have

asbestos walls, roofs, eaves

etc. The development

application does not provide

any information about

asbestos handling during

pre and post demolition.

The objector runs a family

day care and asbestos dust

environment especially

during demolition could be

dangerous for all people

around. This is a serious

issue and Council needs to

address this.


recommended which addresses

demolition issues such as asbestos

being discovered on site and how it

should be managed.

Issue addressed –

refer to Condition

Nos. 17 and 47.

Drainage

There is a lot of

underground water which

comes from Felton Road

and Dunmore Ave which

may cause issues with the

proposed basement car

parking area.

The stormwater design for the

proposed development has been

prepared in response to issues

such as overland flow, localised

flooding and stormwater retention

and includes an onsite stormwater

detention system. Open pool style

fencing is proposed along the rear

and part of the side property

boundaries so the overland flow of

stormwater is not inhibited.

A number of conditions of consent

are recommended which requires

the development to be constructed

in accordance with the

requirements of the Building Code

of Australia and the submitted

drainage plans. The proposal has

also been reviewed by Council’s

Engineer and Environmental Health

Co-ordinator who raised no concern

with the proposed basement.

Issue addressed –

refer to Condition

Nos. 9, 10, 13, 23,

24 and 31.


PAGE 25


During construction

If not diligently monitored,

the adjoining lot could be

affected by the proposed

excavation.


recommended which requires the

development to be constructed in

accordance with the requirements

of the Building Code of Australia.

The appointed principal certifying

authority will supervise the

construction of the development

and ensure it is done safely and in

accordance with all relevant

standards.

Issue addressed –

refer to Condition

No. 13.

A fence should be erected

around the site before

construction starts.

Temporary fencing is always

constructed around a site to ensure

safety and security is maintained.

The appointed principal certifying

authority will ensure fencing is

erected to comply with work cover

requirements.

Issue addressed.

When the magnolia tree is

removed on the eastern

side, the Christmas tree on

the adjoining lot should not

be damaged.

No approval is granted for the

pruning or removal of trees on the

adjoining properties.

Conditions of consent are

recommended which state that a

suitably qualified Arborist is

required to be appointed prior to

work commencing who is required

to be on site to supervise any

works in the vicinity of any trees

required to be retained both on the

site and on adjacent sites.

Issue addressed –

refer to Condition

Nos. 46 and 55.

ENGINEERING COMMENTS

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

subject to conditions.

TREE MANAGEMENT COMMENTS

Council’s Senior Landuse Officer has assessed the proposal and raised no objection

subject to conditions.

ENVIRONMENTAL HEALTH & SUSTAINABILITY COMMENTS

Council’s Environmental Health Co-ordinator has assessed the proposal and raised no

objection subject to conditions.


PAGE 26

RESOURCE RECOVERY COMMENTS

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

objection subject to conditions.

TRAFFIC COMMENTS

The proposal was discussed with Council’s Principal Co-ordinator – Roads and Transport

who advised that a seven dwelling development would have little to no impact on the

existing road network in the locality and that the imposition of parking restrictions on

Blenheim Road is not warranted given the small scale of this development.

CONCLUSION

The Development Application has been assessed against the relevant heads of

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

1979, The Hills Local Environmental Plan 2012 and the Hills Development Control Plan

2012 and is considered satisfactory. One variation to The Hills Development Control Plan

2012 is proposed and has been addressed in this report.

The concerns raised in the submissions received do not warrant further amendment or

refusal of the application.

Approval is recommended subject to conditions of consent.

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.

RECOMMENDATION

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


PAGE 27

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

DA000 Cover Sheet C 08/02/2016

DA100 Site Analysis C 08/02/2016

DA200 Site Plan C 08/02/2016

DA201 Basement Floor Plan C 08/02/2016

DA202 Ground Floor Plan C 08/02/2016

DA203 First Floor Plan C 08/02/2016

DA204 Roof Plan C 08/02/2016

DA300 East and West Elevations C 08/02/2016

DA301 North and South Elevations C 08/02/2016

DA400 Sections C 08/02/2016

DA401 Sections C 08/02/2016

DA800 Erosion and Sediment Control Plan C 08/02/2016

- External Materials and Finishes - -

15141 DA1 Landscape Concept Plan C 30/03/2016

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. External Finishes

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

development application and approved with this consent.

3. Tree Removal

Approval is granted for the removal of Tree 2 and 3 as detailed in the Arboricultural

Impact Assessment prepared by Redgum Horticultural (dated 1 July 2015) and shown

outlined in a dotted line in the Landscape Concept Plan prepared by Vison Dynamics Pty

Ltd (Revision C, dated 30/3/16)

Tree 1, Lophostemon confertus (Queensland Brush Box) is to remain and be protected

during all works. Suitable replacement trees are to be planted upon completion of

construction.

4. Separate Application for Strata Subdivision

The strata title subdivision of the development is not included. A separate development

application or complying development certificate application is required.

5. 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


PAGE 28

infrastructure includes the road pavement, kerb and gutter, concrete footpaths, drainage

structures, utilities and landscaping fronting the site.

6. 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.

7. Requirements for Council Drainage Easements

No works are permitted within existing or proposed public drainage easements unless

approved by Council. Where works are permitted, the following requirements must be

adhered to:

a) Provision for overland flow and access for earthmoving equipment must be

maintained.

b) The existing ground levels must not be altered. No overland flow is to be diverted out

of the easement.

c) No fill, stockpiles, building materials or sheds can be placed within the easement.

d) Open style fencing must be used. New or replacement fencing must be approved by

Council.

NOTE: The overland flow associate with the 1 in 100 year flooding extended outside the

easement into the subject site must not be obstructed. All structures i.e. fences and

stairs must be flow through to permit stormwater to pass.

8. 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) Council’s DCP Part C Section 1 – Parking

d) Council’s Driveway Specifications

Where conflict exists the Australian Standard must be used.

The following must be provided:

i. 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.

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

a low level concrete kerb or wall.

iii. 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.

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

and pipes to a suitable point of legal discharge.

9. 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:


PAGE 29

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.

The driveway must be a minimum of 6m wide for the first 6m into the site, measured

from the boundary. On high level sites a grated drain must be provided on the driveway

at the property boundary.

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. Footpath Verge Formation

The grading, trimming, topsoiling and turfing of the footpath verge fronting the

development site is required to ensure a gradient between 2% and 4% falling from the

boundary to the top of kerb is provided. This work must include the construction of any

retaining walls necessary to ensure complying grades within the footpath verge area. All

retaining walls and associated footings must be contained wholly within the subject site.

Any necessary adjustment or relocation of services is also required, to the requirements

of the relevant service authority. All service pits and lids must match the finished surface

level.

iv. Site Stormwater Drainage

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

point of legal discharge.

The stormwater connection to Council’s easement must be undertaken under the

supervision of Council.

10. Finished Floor Level – Flooding

The finished floor level (or levels) of the structure must reflect the approved plans and

are to be 500mm above the 1 in 100 year flood extend shown on the stormwater

drainage layout drawing SW002 prepared by HKMA Engineers.

11. 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.

12. Demolition Notification

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

demolition works commence.


PAGE 30

13. 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.

14. 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.

15. 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. 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.

16. Provision of No Parking Signs

Provide 12 metres of No Parking 6:00am to 12:00pm Monday at the waste storage areas

(in front of TH 3 and along the property frontage). This is to aid waste collection.

17. Management of Construction and/or Demolition Waste

Waste materials must be appropriately stored and secured within a designated waste

area onsite at all times, prior to its reuse onsite or being sent offsite. This includes waste

materials such as paper and containers which must not litter the site or leave the site

onto neighbouring public or private property. A separate dedicated bin must be provided

onsite by the builder for the disposal of waste materials such as paper, containers and

food scraps generated by all workers. Building waste containers are not permitted to be

placed on public property at any time unless a separate application is approved by

Council to locate a building waste container in a public place. Any material moved offsite

is to be transported in accordance with the requirements of the Protection of the

Environment Operations Act 1997 and only to a place that can lawfully be used as a

waste facility. The separation and recycling of the following waste materials is required:

metals, timber, masonry products and clean waste plasterboard. This can be achieved by

source separation onsite, that is, a bin for metal waste, a bin for timber, a bin for bricks

and so on. Alternatively, mixed waste may be stored in one or more bins and sent to a

waste contractor or transfer/sorting station that will sort the waste on their premises for

recycling. Receipts of all waste/recycling tipping must be kept onsite at all times and

produced in a legible form to any authorised officer of the Council who asks to see them.

Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square

metres or more of asbestos sheeting) must provide information to the NSW EPA

regarding the movement of waste using their WasteLocate online reporting tool

www.wastelocate.epa.nsw.gov.au.

18. 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.


PAGE 31

19. Commencement of Domestic Waste Service

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

commencement of a domestic waste service with Council. The service is to be arranged

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

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

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

commencement of waste services.

20. 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:

Dwellings 1-7/14 Blenheim Road Carlingford (unit numbering as per submitted plans)

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

clearly on all 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.

21. Basement Car Park Ventilation

The ventilation for the basement Car park is to comply with the applicable provisions of

AS 1668.

22. Construction of Waste Storage Areas

The larger waste storage area must provide minimum storage for 7 x 240L garbage bins

and 7 x 240L recycling bins, and the smaller area for 2 x 240L garden organics bins. The

measurements of a 240L bin are 735mm (d), 580mm (w) and 1080mm (h). All work

involving construction of these areas must comply with the following requirements:

a) The layout must ensure that each bin is easily accessible and manoeuvrable in

and out of the waste storage area with minimal or no manual handling of other

bins.

b) The walls must be constructed of constructed of brickwork that is a minimum

height of 1.5m.

c) The floor must be constructed of concrete with a smooth non-slip finish, graded

and drained to sewer or landscaped areas. The waste storage area must be

roofed if drained to sewer.

d) Sliding slat screening should be incorporated into the design of the larger waste

storage area to discreetly screen the bins from view (as much as possible) from

the pedestrian walkway.

e) A hose tap, connected to a water supply, must be provided to facilitate bin

washing. If the bin is located inside the waste storage area, it is not to conflict

with the space designated for the placement of bins.

f) The maximum grade acceptable for moving bins for collection purposes is 7%.

Under no circumstance is this grade to be exceeded.

g) Finishes and colours of the waste storage area are to complement the design of

the development.


PAGE 32

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

23. Onsite Stormwater Detention – Upper Parramatta River Catchment Area

Onsite Stormwater Detention (OSD) is required in accordance with Council’s adopted

policy for the Upper Parramatta River catchment area, the Upper Parramatta River

Catchment Trust OSD Handbook.

The stormwater concept plan prepared by HKMA Engineers Drawing 2003-DA (SW001-

SW004) Revision ‘D and A’ dated 12/02/2016 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) Gutters and down pipes along the bypass area must be designed to cater for a 1 in

100 ARI storm event. No over flow from gutters shall contribute to the bypass area.

Comprehensive design plans showing full construction details must be prepared by an

accredited OSD designer and submitted with:

- A completed OSD Drainage Design Summary Sheet;

- Drainage calculations and details, including those for all weirs, overland flow paths

and diversion (catch) drains, catchment areas, times of concentration and estimated

peak run-off volumes;

- A completed OSD Detailed Design Checklist;

- A maintenance schedule.

The design and construction of the OSD system must be approved by either Council or

an accredited certifier. This certification must be included with the documentation

approved as part of any Construction Certificate.

A Design Compliance Certificate (DCC) certifying the detailed design of the OSD system

can be issued by Council subject to the following being provided:

i. A completed application form;

ii. Four copies of the design plans and specifications;

iii. Payment of the applicable application and inspection fees.

24. Stormwater Pump/ Basement Car Park Requirements

The stormwater pump-out system must be designed and constructed in accordance with

AS/ NZS 3500.3:2015 - Plumbing and Drainage - Stormwater drainage. The system

must be connected to the Onsite Stormwater Detention system before runoff is

discharged to the street (or other point of legal discharge) along with the remaining site

runoff, under gravity. All plans, calculations, hydraulic details and manufacturer

specifications for the pump must be submitted with certification from the designer

confirming compliance with the above requirements.

25. 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.

26. 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.

27. 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 $40,000.00 is required to be submitted to Council to guarantee


PAGE 33

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

during construction works.

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

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

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

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

recovery of these costs.

28. Security Bond Requirements

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

a) Be in favour of The Hills Shire Council;

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

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

unconditional insurance undertaking);

c) Have no expiry date;

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

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

condition;

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

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

applicant 14 days prior.

29. 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 7.

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.

30. Acoustic Assessment for Driveway Noise

Prior to the issue of a Construction Certificate advice is to be sought from an acoustic

consultant in regards to protecting the occupants of 12 Blenheim Road Carlingford from

the noise of vehicles entering and leaving the subject premises. The acoustic advice is to

be provided to the Certifying Authority. The acoustic consultant is to provide

recommendations to minimise vehicle noise so that the LAeq of vehicle noise is not more

than 5db above the background noise level.

Purpose: 2

bedroom

Purpose: 3

bedroom

Purpose:

Credit

No. of 2

bedrooms: 3

No. of 3

bedrooms: 4Sum of Units

No. of

Credits: 2Total S94

Community Facilities - Capital 166.24$ 213.75$ 277.02$ 498.72$ 855.00$ 1,353.72$ 554.04$ 799.68$

Community Facilities - Land 10.26$ 13.20$ 17.11$ 30.78$ 52.80$ 83.58$ 34.22$ 49.36$

Open Space - Capital 194.92$ 250.65$ 324.88$ 584.76$ 1,002.60$ 1,587.36$ 649.76$ 937.60$

Open Space - Land 2,298.40$ 2,955.10$ 3,830.66$ 6,895.20$ 11,820.40$ 18,715.60$ 7,661.32$ 11,054.28$

Roads & Traffic - Capital 8.10$ 10.43$ 13.50$ 24.30$ 41.72$ 66.02$ 27.00$ 39.02$

Total 2,677.92$ 3,443.13$ 4,463.17$ 8,033.76$ 13,772.52$ 21,806.28$ 8,926.34$ 12,879.94$


PAGE 34

31. Flood Protection Requirements

Structural elements of the proposed dwelling directly adjacent to and below the 1 in 100

year flood level are to be assessed and certified by a specialist structural engineer

having regard to the following parameters for design (as a minimum):

Hydraulic loadings (flow depth, flow velocity)

Hydrostatic pressures (buoyancy)

Debris impact loadings

Saturated ground conditions

Shear stress and scour forces around and downstream of the structures

Any other relevant design considerations

Design and certification for required structural elements is to be assessed against the

predicted 100 year Average Recurrence Interval (ARI) flood flow behaviour expected to

be experienced at the site.

PRIOR TO WORK COMMENCING ON THE SITE

32. 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.

33. Tree Protection Fencing

Prior to any works commencing on site Tree Protection Fencing and measures must be in

place around tree 1 nominated for retention. The location of fencing shall be installed

according Tree Protection Plan as per Arborist report for project (Arboriculture Impact

Assessment prepared by Redgum Horticultural, dated 1 July 2015).

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.

34. 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.

35. 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.


PAGE 35

36. Trenching within Tree Protection Zone

Any trenching for installation of drainage, sewerage, irrigation or any other services shall

not occur within the Tree Protection Zone of trees identified for retention without prior

notification to Council (72 hours notice) or under supervision of a project arborist.

If supervision by a project arborist is selected, certification of supervision must be

provided to the Certifying Authority within 14 days of completion of trenching works.

37. 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.

38. Public Infrastructure Inventory Report

A public infrastructure inventory report must be prepared and submitted to Council

recording the condition of all public assets in the direct vicinity of the development site.

This includes, but is not limited to, the road fronting the site along with any access route

used by heavy vehicles. If uncertainty exists with respect to the necessary scope of this

report, it must be clarified with Council before works commence. The report must

include:

a) Planned construction access and delivery routes; and

b) Dated photographic evidence of the condition of all public assets.

39. 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.

40. 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.

41. Principal Certifying Authority

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

and Assessment Regulations 2000.

42. 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.

43. 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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44. 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).

45. 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.

46. Engagement of a Project Arborist

Prior to works commencing, a Project Arborist (minimum AQF Level 5) is to be appointed

and the following details provided to The Hills Shire Council’s Manager – Environment &

Health:

a) Name:

b) Qualification/s:

c) Telephone number/s:

d) Email:

If the Project Arborist is replaced, Council is to be notified in writing of the reason for the

change and the details of the new Project Arborist provided within 7 days.

47. Demolition Works and Asbestos Management

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

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

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

demolition works obstruct or inconvenience pedestrian or vehicular traffic on adjoining

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

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

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

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

asbestos waste (of any load over 100kg of asbestos waste or 10 square metres or more

of asbestos sheeting) must provide information to the NSW EPA regarding the movement

of waste using their WasteLocate online reporting tool www.wastelocate.epa.nsw.gov.au.

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

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

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

No asbestos products are to be reused on the site.

48. 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.


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DURING CONSTRUCTION

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. 651764M_04 are to be complied with. Any subsequent version of this BASIX

Certificate will supersede all previous versions of the certificate.

A Section 96 Application may be required should the subsequent version of this BASIX

Certificate necessitate design changes to the development. However, a Section 96

Application will be required for a BASIX Certificate with a new number.

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. 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


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

covered.

55. Project Arborist

The Project Arborist must be on site to supervise any works in the vicinity of or within

the Tree Protection Zone (TPZ) of any trees required to be retained on the site or any

adjacent sites.

The Project Arborist must ensure that works within the vicinity of Tree 1 are undertaken

in accordance with the recommendations contained within the Arboricultural Impact

Assessment prepared by Redgum Horticultural (dated 1 July 2015).

Supervision of the works shall be certified by the Project Arborist and a copy of such

certification shall be submitted to the Private Certifying Authority within 14 days of

completion of the works.

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE

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

Authority before the issuing of an Occupation Certificate

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

from Sydney Water Corporation.

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

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

driveway or landscape design.

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

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

> water Servicing Coordinator or telephone 13 20 92.

The Section 73 Certificate must be submitted to the Principal Certifying

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

subdivision.

57. Landscaping Prior to Issue of Occupation Certificate

Landscaping of the site shall be carried out prior to issue of the Final Occupation

Certificate in accordance with the Landscape Concept Plan prepared by Vision Dynamics

pty ltd, (Revision C, dated 30.3.16).

All landscaping is to be maintained at all times in accordance with THDCP Part C, Section

3 – Landscaping and the approved landscape plan.

58. 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.

59. Public Infrastructure Inventory Report - Post Construction

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

report must be prepared and submitted to Council. The updated report must identify any

damage to public assets and the means of rectification for the approval of Council.

60. 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.

61. Pump System Certification

Certification that the stormwater pump system has been constructed in accordance with

the approved design and the conditions of this approval must be provided by a suitably

qualified hydraulic engineer.


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62. OSD System Certification

The Onsite Stormwater Detention (OSD) system must be completed to the satisfaction of

the Principal Certifying Authority (PCA) prior to the issuing of an Occupation Certificate.

The following documentation is required to be submitted upon completion of the OSD

system and prior to a final inspection:

a) Works as executed plans prepared on a copy of the approved plans;

b) A certificate of hydraulic compliance (Form B.11) from a suitably qualified engineer

or surveyor verifying that the constructed OSD system will function hydraulically;

c) A certificate of structural adequacy from a suitably qualified structural engineer

verifying that the structures associated with the constructed OSD system are

structurally adequate and capable of withstanding all loads likely to be imposed on

them during their lifetime.

Where Council is not the PCA a copy of the above documentation must be submitted to

Council.

63. 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. Positive Covenant – Stormwater Pump

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

“basement stormwater pump system” terms included in the standard recitals.

64. Final Inspection of Waste Storage Areas

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

areas 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.

65. Acoustic Consultant Recommendations for an Acoustic Barrier as a

Boundary Fence

Should the recommendation from an acoustic consultant in the assessment of noise from

vehicles entering or leaving the premises be to provide an acoustic barrier as a boundary

fence up to 1.8 metres in height, the fence must be provided prior to the issue of an

occupation certificate.

THE USE OF THE SITE

66. Offensive Noise

The use of the premises, building services, equipment, machinery and ancillary fittings

shall not give rise to “offensive noise” as defined under the provisions of the Protection

of the Environment Operation Act 1997.


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67. Waste and Recycling Management

A caretaker must be engaged by the Owners Corporation to move all bins to and from

the waste storage areas and the waste collection point (between the no parking signs

along Blenheim Road) on the allocated days of collection as determined by Council. All

waste servicing instructions from Council must be complied with at all times. Caretakers

must also be responsible for washing bins and their storage areas and arranging the

prompt removal of dumped rubbish.

ATTACHMENTS

1. Locality Plan

2. Aerial Photograph

3. Landscape Plan

4. Elevations

5. Photo Montage


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ATTACHMENT 1 – LOCALITY PLAN


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ATTACHMENT 2 – AERIAL PHOTOGRAPH


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ATTACHMENT 3 – LANDSCAPE PLAN


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ATTACHMENT 4 – ELEVATIONS

Front Elevation

Rear Elevation

East Elevation

West Elevation


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ATTACHMENT 5 – PHOTO MONTAGE