development assessment unit - thehills.nsw.gov.au · item-3 da 1010/2015/zd ... (vii) to ensure...

Development Assessment

Unit

Tuesday, 05 April 2016

THE H

ILLS S

HIR

E C

OU

NC

IL

DEVELOPMENT ASSESSMENT UNIT MEETING 05 APRIL, 2016

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA NO. 417/2016/HA - SUBDIVISION OF THE

SITE INTO TWO LOTS, RETENTION OF THE

EXISTING DWELLING AND CONSTRUCTION OF

AN ATTACHED DUAL OCCUPANCY - LOT 1 DP

546862 NO. 552A OLD NORTHERN ROAD,

DURAL

4


PAGE 3

MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE

HILLS SHIRE COUNCIL ON TUESDAY, 29 MARCH 2016

PRESENT

Cameron McKenzie Group Manager – Environment & Planning (Chair)

Paul Osborne Manager – Development Assessment

Andrew Brooks Manager – Subdivision & Development Certification

Angelo Berios Acting Manager – Health & Environment

Craig Woods Manager – Regulatory Services

Stewart Seale Manager – Forward Planning

Kristine McKenzie Principal Executive Planner

APOLOGIES

Mark Colburt Manager – Health & Environment

TIME OF COMMENCEMENT

8:30am

TIME OF COMPLETION

8:39am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 22 March

2016 be confirmed.

ITEM-2 DA NO. 1159/2015/LA/A - MODIFICATION TO

APPROVED ALTERATIONS AND ADDITIONS TO AN

EXISTING DWELLING - LOT 31 DP 746625 - 12

DEAKIN PLACE, WEST PENNANT HILLS

RESOLUTION

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

ITEM-3 DA 1010/2015/ZD - SUBDIVISION CREATING FIVE

COMMUNITY TITLE RURAL RESIDENTIAL LOTS AND

ONE COMMUNITY ASSOCIATION LOT (RURAL

CLUSTER) - LOT 5 DP 734262, NO. 164-220

MCCLYMONTS ROAD, KENTHURST

RESOLUTION

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


PAGE 4

ITEM-2 DA NO. 417/2016/HA - SUBDIVISION OF THE SITE

INTO TWO LOTS, RETENTION OF THE EXISTING

DWELLING AND CONSTRUCTION OF AN ATTACHED

DUAL OCCUPANCY - LOT 1 DP 546862 NO. 552A OLD

NORTHERN ROAD, DURAL

THEME: Balanced Urban Growth

OUTCOME: 7 Responsible planning facilitates a desirable living

environment and meets growth targets.

STRATEGY:

7.2 Manage new and existing development with a robust

framework of policies, plans and processes that is in

accordance with community needs and expectations.

MEETING DATE: 5 APRIL 2016

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR TOWN PLANNER

SANDA WATTS

RESPONSIBLE OFFICER: MANAGER DEVELOPMENT ASSESSMENT

PAUL OSBORNE

EXECUTIVE SUMMARY

The Development Application is for the subdivision of the site into two lots, retention of

the existing dwelling on proposed Lot 1 and the construction of an attached two storey

dual occupancy on proposed Lot 2. Each of the dual occupancy dwellings contain four

bedrooms and a double garage.

The application has been assessed against the requirements of DCP Part B Section 3 -

Dual Occupancy and Part C Section 3 Landscaping and a variation has been identified in

relation to the second storey side setback, overall landscaped area and landscape

screening strip. A minimum first floor side setback of four metres is required in this

instance a proposed first floor setback to the side boundaries of 2.2 metres is proposed.

The site requires 50% landscaping, while 44.5% is provided, and a 2 metre wide

landscape strip is required to be provided adjoining driveways, however a nil setback is

proposed between the driveway of the dual occupancy and the rear boundary of the

newly created lot. The proposed variations are considered satisfactory and do not result

in any unreasonable impacts on the surrounding properties.

The application was notified to adjoining property owners and four submissions were

received, including one submission in support of the application. The issues of objection

raised in the submissions include privacy impacts, overlooking, drainage concerns and

tree removal. The applicant has provided amended plans which address the privacy

issues including the removal of balconies at the rear of the development. Appropriate

stormwater management measures have been incorporated in the design to mitigate

stormwater nuisance.

The application is recommended for approval subject to a Deferred Commencement

consent condition requiring the registration of an easement for drainage purposes.


PAGE 5

BACKGROUND MANDATORY REQUIREMENTS

Applicant: Matthew Holt

1. LEP 2012 - Satisfactory

Owner: Pamcol

Constructions Pty

Ltd

2. DCP Part B Section 3 - Dual

Occupancy – Variations proposed,

see report.

Zoning: R2 Low Density

Residential

3. DCP Part C Section 3 – Landscaping-

Variation proposed, see report.

Area: 1,714m2 4. Section 79C (EP&A Act) –

Satisfactory

Existing Development: Single dwelling

house

5. Section 94 Contribution – N/A

SUBMISSIONS REASONS FOR REFERRAL TO DAU

1. Exhibition: Not required. 1. Variation to DCP Part B Section 3 -

Dual Occupancy.

2. Notice Adj Owners: Yes, 14 days.

2. Submissions received.

3. Number Advised: 27

4. Submissions

Received:

4 (including one in

support).

POLITICAL DONATION – None disclosed.

HISTORY

08/09/2015 Subject Development Application lodged.

15/10/2015

Letter sent to the applicant requesting compliance with the DCP

including floor space ratio and landscaped area. The applicant

was requested to address privacy impacts, and stormwater

matters including the provision of on-site stormwater detention,

the provision of a drainage easement, subdivision plan and the

provision of a longitudinal section. A detailed landscape plan

was also requested.

26/10/2015

Request received from the applicant to confirm the volume of

stormwater detention on-site.

26/10/2015

Stormwater detention advice provided to applicant.

09/11/2015

Amended architectural plans received.

10/11/2015

Concept stormwater details provided.

12/11/2015

Further stormwater details provided to applicant requesting

additional information.

24/11/2015 Landscape plan provided.


PAGE 6

13/12/2015

Stormwater drainage plans and details provided.

18/12/2015

18/12/2015

Further landscape plan provided.

Updated landscape plan requested showing tree removal and

appropriate screen planting at the rear of the site.

27/01/2016

Updated architectural plans received.

04/02/2016

Further landscape plan provided showing tree removal and

appropriate screen planting.

01/03/2016 Details for retaining walls and site calculations provided.

15/03/2016

Justifications for non-compliances provided by applicant.

PROPOSAL

The Development Application is for the subdivision of the site into two lots, retention of

the existing dwelling (lot 1) and the construction of an attached two storey dual

occupancy, with each dwelling containing 4 bedrooms and a double garage (lot 2).

Proposed Lot 1 has an area of 1,014m² and proposed Lot 2 has an area of 700m². A 5

metre wide right of carriage way is proposed which provides access to the dual

occupancy at the rear of the site.

A total of 10 trees are to be removed as part of the application with appropriate

replacement trees proposed, including 10 water gums and 2 black wattles, as well as

blueberry ash trees along the rear and eastern side boundaries.

ISSUES FOR CONSIDERATION

1. Compliance with DCP Part B Section 3 - Dual Occupancy

The proposal has been assessed against the requirements of Development Control Plan

(DCP) Part B Section 3- Dual Occupancy and the following variations have been

identified:

DEVELOPMENT

STANDARD

DCP

REQUIREMENTS

PROPOSED

DEVELOPMENT

COMPLIANCE

Setbacks The minimum

required first floor

side setback for dual

occupancy

developments is as

follows:

- 3775mm from

eave to boundary.

- 4m from wall to

boundary.

The proposed first

floor side setback on

the western side of

the site varies from

1.45 metres to 2.29

metres. It is noted

that this side of the

dwelling does not

contain eaves.

No, however, the

variation is

considered

satisfactory given

the non-

compliance relates

to a stairwell and

no significant

privacy impacts

will result.


PAGE 7

Landscaped Area In urban zones, a

minimum of 50% of

the site shall be

provided with

landscaped areas,

exclusive of access

driveways and

parking.

The proposal

provides for 312m²

or 44.5% landscaped

area.

No, however the

shortfall is

considered minor

and supportable in

this instance as a

high quality

landscape outcome

for the site is

proposed.

a) Setbacks

The DCP states the following in relation side and rear setbacks:

a) The minimum side and rear boundary setback requirements are:

Height of building Minimum distance of

wall to boundary line

Minimum distance of

eave to boundary line

1 storey 900mm 675mm

2 storey (ground floor) 900mm 675mm

2 storey (second floor) 4 metres 3775mm

The proposed first floor side setback on the eastern and western side of the dwelling is

2.20 metres.

The applicant has provided the following justification for the proposed variation:

“The second storey is set back 4135mm, except one part each side of 2730mm long at

the stairwell where the it encroaches but this gives the building a more aesthetically

pleasing three dimensional form.”

Comment:

The DCP contains the following objectives:

(i) To provide setbacks that complement the streetscape, protect the privacy of and

minimise overshadowing of adjoining properties in accordance with Council’s ESD

objective 7.

(ii) To provide opportunities for landscaping between dwellings.

(iii) To ensure adequate site area and curtilage is provided to all development.

The proposed side setback variations are considered satisfactory for the following

reasons:

The ground floor far exceeds the minimum side/rear setback requirement of

900mm, with 2.2m being proposed.

The majority of the second storey is setback from the side boundaries on both

boundaries (being, 4.2 metres), with only the stairwell encroaching into the

second storey side setback.

The rear setback for the second storey complies, being 7.22 metres.


PAGE 8

The proposed side setback will not adversely impact on the streetscape or

character of the area.

The non-compliance will not result in any adverse overshadowing impacts as to

the west of the site is a driveway for a multi housing dwelling development, and

the to the east is the side elevation of a single storey dwelling.

Accordingly, the proposed side setback is considered satisfactory.

b) Landscaped Area

The DCP states the following in relation to landscape area:

In urban zones, a minimum of 50% of the site shall be provided with landscaped

areas, exclusive of access driveways and parking.

The proposal provides for 312m² or 44.5% landscaped area.

Comment:


(i) To ensure a high standard of environmental quality of dual occupancy

developments and the overall visual amenity and character of the

neighbourhood in accordance with Council’s ESD objective 7.

(ii) To ensure that landscaped areas can be efficiently maintained.

(iii) To provide useable outdoor open space for residents.

(iv) To provide a satisfactory relationship between buildings, landscaping areas

and adjoining developments.

(v) To ensure that existing trees are given every opportunity to be incorporated

into the final design.

(vi) To minimise stormwater runoff and provide the opportunity for on-site

groundwater recharge in accordance with Council’s ESD objective 3.

(vii) To ensure that vegetation removed as a part of the land development process

is replaced by suitable endemic species in accordance with Council’s ESD

objective 4.

The overall landscaping for the site is considered satisfactory, with a shortfall of 5.5% or

38m². The dual occupancies have been provided with large terraces at the rear with a

landscaped garden. The landscape plan indicates that all open spaces will be

appropriately landscaped with native trees and shrubs to provide a high quality finish.

The proposed landscaping integrates with the overall appearance of the development.

Stormwater will be managed with an on-site detention tank and an easement on the

neighbouring property.

2. Compliance with DCP Part C Section 3 - Landscaping

The proposal has been assessed against the requirements of Development Control Plan

(DCP) Part C Section 3- Landscaping and the following variation has been identified:


PAGE 9

DEVELOPMENT

STANDARD

DCP

REQUIREMENTS

PROPOSED

DEVELOPMENT

COMPLIANCE

Landscaping – Car

parking

Driveways are to be

screened by a

minimum of two

metres wide

landscaping strip on

either side.

The proposed dual

occupancy does not

provide 2 metres of

landscaping between

the driveway and the

rear fence of the

single dwelling.

No, however the

variation is

considered

satisfactory as no

significant amenity

impacts result

from the non-

compliance.

The DCP states the following:

Driveways are to be screened by a minimum of two metres wide landscaping strip

on either side.

The proposed dual occupancy does not provide 2 metres of landscaping between the

driveway and the rear fence of the single dwelling. A nil setback is proposed between the

driveway of the dual occupancy and the rear fence of the single dwelling.

The applicant has provided the following justification for the proposed variation:

“There is less than 2m of landscaping between the driveway and the rear of the existing

house. There is still some landscaping for privacy just not all 2m wide but 1200mm

wide.”

Comment:


(i) To ensure that adequate consideration is given to landscaping in car parking

area designs, to reduce the prominent visual appearance of the facility.

(ii) To provide appropriate landscaping for external and uncovered car parks so

that they do not detract from the surrounding area.

(iii) To provide shade and improve amenity of loading, service and car parking

areas and to provide a buffer to neighbouring properties.

(iv) To utilise landscaping to provide amenity to neighbouring properties in

accordance with Council’s Ecological Sustainable Development objective 7.

A 2 metre landscape strip is proposed along the western side boundary, along the

driveway which provides access to the dual occupancies. However, a nil setback is

proposed for the driveway/circulation area in front of the dual occupancies, adjoining the

rear fence for the single dwelling.

Although some landscape is proposed along this boundary, a 2 metre wide strip is not

proposed along the entire length of this boundary. This is acceptable as it allows greater

landscaping at the rear of the property which is more useable to the occupants of the

dual occupancy and the limited landscaping at the front of the dual occupancy does not

result in any adverse impacts, and is not visible from the public domain.


PAGE 10

3. Issues Raised in Submissions

The application was notified in accordance with Council’s policy and four submissions

were received, which included one in support of the development. The issues raised in

the submissions are addressed as follows:

ISSUE/OBJECTION COMMENT OUTCOME

The survey plan/site plan is

incomplete and does not

include development to the

rear of the development site.

It is noted that the site plan or

survey submitted with the

development application did not

include the units within the multi

dwelling development to the

west (side) or rear of the site.

Council staff have undertaken an

inspection of the site and it was

deemed unnecessary.

Issue addressed.

Upper level external

balconies have direct line of

sight into bedrooms, living

area and private outdoor

area at the rear.

This privacy issue was raised

with the applicant, and the upper

level balconies at the rear of the

dual occupancy have been

removed, and amended plans

submitted.

Issue addressed.

Our concerns may well be

resolved by implementing

design changes to the rear

of the dual occupancy such

as installing fixed louvre

devices which could deflect

sightlines away from the

rear

dwellings. Consideration

might also be given to

reducing the dual occupancy

to single storey.

Appropriate privacy measures

have been incorporated into the

amended design and landscape

plan to preserve mutual privacy

between properties. It is

considered unnecessary to

reduce the proposal to single

storey given the privacy

measures proposed including

fixed vertical privacy louvres for

the rear windows.

Issue addressed.

Vertical privacy louvres

would be appreciated on the

upper level windows at the

rear.

Fix vertical privacy louvres have

been included to the upper level

of the rear windows of the dual

occupancy.

Issue addressed.

Levels shown on the Site

Plan Layout (A 05 A are to

AHD but those shown on

Plan A 04 A appear to be

related to some unidentified

local datum). To assist in

estimating sight lines and

the impact on privacy could

all levels be shown to AHD.

The RLs on the site plan were

incorrect (i.e. RL 25.25 on the

site plan should have read RL

205.25, and RL on the elevation

were 28.05, should have read

208.25, etc). The plans with the

retaining walls details have

included the correct RLs.

Issue addressed.

Trees along the northern

boundary pose a nuisance by

dropping copious amounts of

pine needles which clog roof

gutters etc. It appears that

these trees will need to be

pruned/removed to enable

construction which would be

supported.

A condition of consent is

recommended that permits the

trees at the rear of the property

(on the northern boundary) to be

removed. Suitable replacement

trees have been proposed in the

amended landscape plan.

Issue addressed

(refer to Condition

No. 17)


PAGE 11

ISSUE/OBJECTION COMMENT OUTCOME

Concern is raised in regards

to drainage off the property,

and what steps will be

required to ensure water

does not flow into my

property. Will water tanks be

installed, and if so are they

above or below ground?

Where will over flow from

those tanks be discharged.

Drainage measures are proposed

to ensure that

stormwater/rainwater is

appropriately managed.

A 7,000L above ground rainwater

tank for each dwelling which

captures rainwater off the roof

and is used to irrigate

landscaping, toilet flushing and is

connected to the laundry is

proposed. A detention tank

under the terrace of one of the

dwellings with a storage capacity

of 22.5 cubic metres to capture

stormwater is to be constructed.

The detention tank is to be

connected to a 1.5m wide

easement to downstream

properties to The Village Place.

A deferred commencement

condition of consent is

recommended in regard to the

registration of the easement.

Issue addressed

(refer to Condition

No. A1)

Concern is raised regarding

the proposed screen hedge

along the dividing fence line

given it will grow and

without proper support

overhang into the garden

area and will possibly

overshadow. It is

recommended to plant the

blueberry ash 2 metres

inside the boundary.

The proposed blueberry ash

landscape screening at the rear

boundary is considered

appropriate and is typical of

boundary landscape screening to

preserve mutual privacy between

neighbours. Furthermore, the

landscaping will not result in any

overshadowing to the

neighbouring property as it is to

the north of the subject site.

Issue addressed.

ENGINEERING COMMENTS

The application has been assessed by Council’s Development Engineer and no objection

is raised subject to deferred commencement condition in relation to the registration of

an easement.

TREE MANAGEMENT COMMENTS

The application has been assessed by Council’s Tree Management Officer and no

objection is raised subject to conditions.

RESOURCE RECOVERY COMMENTS

The application has been assessed by Council’s Resource Recovery Projects Officer and

no objection is raised subject to conditions.


PAGE 12

ROADS & TRAFFIC AUTHORITY COMMENTS

The application was referred to RMS and concurrence as access from a classified road is

requested under Clause 101 of SEPP Infrastructure 2007. A number of conditions were

provided by the RMS (See Condition 3).

CONCLUSION

The application has been assessed against the provisions of Section 79C of the

Environmental Planning and Assessment Act, 1979, Local Environmental Plan 2012,

Development Control Plans Part B Section 3- Dual Occupancy and Part C Section 3 -

Landscaping and is considered satisfactory. The proposed variations to the DCP relating

to second storey setback and landscaping is addressed in the body of the report and

does not result in any unreasonable impact on surrounding properties or the streetscape.

The issues raised in the submission include size of the building, overlooking, character,

parking and acoustic impact. The issues are addressed in the body of the report and do

not warrant refusal of the application.

Accordingly, the application is recommended for approval subject to conditions including

a Deferred Commencement condition.

IMPACTS

Financial

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

estimates.

The Hills Future Community Strategic Plan

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

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

development provides for satisfactory urban growth without adverse environmental or

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

the streetscape and general locality.

RECOMMENDATION

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

DEFERRED COMMENCEMENT

Deferred Commencement – Registration of Easement

A1. Pursuant to Section 80(3) of the Environmental Planning and Assessment Act

1979 deferred commencement consent is granted subject to:

1. The creation of a 1.5m wide drainage easement over the downstream

properties, to The Village place.

A2. The applicant must provide Council with written evidence demonstrating that the

matters listed under Part A1 above have been satisfactorily addressed no later

than four weeks before the notice of expiry date.

B. Upon compliance with the requirements of Part A1, a full consent will be issued

subject to the following conditions:


PAGE 13

GENERAL MATTERS

1. Development in Accordance with Submitted Plans (as amended)

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

submitted to Council, as amended in red, stamped and returned with this consent. No

work (including excavation, land fill or earth reshaping) shall be undertaken prior to the

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

The amendments in red include:

- fixed privacy louvres to windows at the rear (upper level)

- blade wall on second storey at the rear to removed

- right of carriageway width to be amended to reflect RMS driveway requirements

- driveway to be 5.5 metres wide for a distance of 6 metres from the front boundary

(fronting Old Northern Road)

- additional 2 trees to be removed to allow for RMS driveway requirements

REFERENCED PLANS

DRAWING NO DESCRIPTION ISSUE DATE

01 Site Plan D 27/01/2016

02A Ground Floor D 27/01/2016

02B First Floor D 27/01/2016

03A Elevations D 27/01/2016

03B Elevations D 27/01/2016

04 Sections D 27/01/2016

06 Retaining wall D 27/01/2016

SK09 External Views D 27/01/2016

1601 Landscape Design Concept A 25/01/2016

186.15 Proposed Subdivision Plan - 28/08/2015

2. Construction Certificate

Prior to construction of the approved development, it is necessary to obtain a

Construction Certificate. A Construction Certificate may be issued by Council or an

Accredited Certifier. Plans submitted with the Construction Certificate are to be amended

to incorporate the conditions of the Development Consent.

3. Compliance with Roads and Maritime Services Requirements

Compliance with the following requirements of the Roads and Maritime Services (RMS):

a) All building and structures, together with any improvements integral to the future

use of the site are wholly within the freehold property (unlimited height or

depth), along the Old Northern Road boundary.

b) A Construction Traffic Management Plan (CTMP) detailing construction vehicle

routes, number of trucks, hours of operation, access arrangements and traffic

control should be submitted to Council for approval prior to the issue of a

Construction Certificate.


PAGE 14

c) A Road Occupancy Licence should be obtained from Transport Management

Centre for any works that may impact on traffic flows on the Old Northern Road

during construction activities.

d) All demolition and construction vehicles are to be contained wholly within the site

and vehicles must enter the site before stopping. A "Works Zone" will not be

permitted on Old Northern Road.

e) All vehicles are to be wholly contained on site before being required to stop.

f) All vehicles are to enter and leave the site in a forward direction.

g) In accordance with AS 2890.1- 2004 (Parking Facilities, Part 1: Off-street car

parking), the driveway shall be a minimum of 5.5 metres in width for a minimum

distance of 6 metres from the property boundary.

h) The developer shall be responsible for all public utility adjustment/relocation

works, necessitated by the above work and as required by the various public

utility authorities and/or their agents.

i) Sight distances from the proposed vehicular crossings to vehicles on Old Northern

Road are to be in accordance with the Austroads 'Guide to Traffic Engineering

Practice, Part 5: Intersections at Grade, Section 6.2 - Sight Distance' and AS

2890. Vegetation and proposed landscaping/fencing must not hinder sight lines to

and from the vehicular crossings to motorists, pedestrians and cyclists.

4. Building Work to be in Accordance with BCA

All building work must be carried out in accordance with the provisions of the Building

Code of Australia.

5. Approved Plan

The subdivision must be carried out in accordance with the approved plan of subdivision

prepared by Rennie Golledge Pty Ltd Drawing 18615 dated 28/08/2015 except where

amended by other conditions of consent.

6. Subdivision Certificate Preliminary Review

Prior to the submission of a Subdivision Certificate application a draft copy of the final

plan, administration sheet and Section 88B instrument (where included) must be

submitted in order to establish that all conditions have been complied with.

Street addresses for the lots within this subdivision will be allocated as part of this

preliminary check process, for inclusion on the administration sheet.

7. Road Opening Permit

Should the subdivision/ development necessitate the installation or upgrading of utility

services or any other works on Council land beyond the immediate road frontage of the

development site and these works are not covered by a Construction Certificate issued

by Council under this consent then a separate road opening permit must be applied for

and the works inspected by Council’s Maintenance Services team.

The contractor is responsible for instructing sub-contractors or service authority

providers of this requirement. Contact Council’s Construction Engineer if it is unclear

whether a separate road opening permit is required.

8. Protection of Public Infrastructure

Council must be notified of any damage to public infrastructure caused by the

development. Adequate protection must be provided prior to work commencing and

maintained during building operations. Any damage caused must be made good, to the

satisfaction of Council, before an Occupation Certificate can be issued. Public

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

structures, utilities and landscaping fronting the site.


PAGE 15

9. Structures Adjacent to Piped Drainage Easements

Buildings and structures, including footings and brick fences, adjacent to existing or

proposed drainage easements must be located wholly outside the easement. A design

must be provided by a structural engineer certifying that the structure will not impart a

load on the pipe in the easement.

10. Minor Engineering Works

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

in accordance with the following documents and requirements:

a) Council’s Design Guidelines Subdivisions/ Developments

b) Council’s Works Specifications Subdivisions/ Developments

Any variance from these documents requires separate approval from Council.

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

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

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

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

i. Access Handle Driveway Construction

A 3m wide (minimum) reinforced concrete driveway over the access handle of proposed

lot 1 is required in accordance with the above documents and Council’s driveway

specifications.

ii. Site Stormwater Drainage

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

point of legal discharge.

iii. Stormwater Drainage Connection

Piped stormwater outlet/ connection to The Village Place must comply with the

requirements of Council.

iv. Inter-allotment Stormwater Drainage

Piped inter-allotment stormwater drainage (minimum 1m wide) catering for the entire

area of proposed lot 1 must be provided over proposed lot 2. Each lot must be uniformly

graded to its lowest point where a grated surface inlet pit must be provided. All collected

stormwater is to be piped to an approved constructed public drainage system.

Where OSD is required, a minimum level difference of 800mm measured between the

surface level and the invert of the outlet pipe must be provided.

v. Earthworks/ Site Regrading

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

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

vi. Service Conduits

Service conduits to each of the proposed new lots, laid in strict accordance with the

relevant service authority’s requirements, are required. Services must be shown on the

engineering drawings.

11. House Numbering

The responsibility for house/unit numbering is vested solely in Council in order to provide

a consistent and accurate system of street numbering throughout the Shire.

Approved Numbering is as follows:

Proposed Unit 1 1/552 Old Northern Road Dural

Proposed Unit 2 2/552 Old Northern Road Dural

Existing residence 552A Old Northern Road Dural


PAGE 16

The street numbers as issued are to be clearly displayed at the entrance to the

properties and on each building.

12. Adherence to Waste Management Plan

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

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

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

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

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

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

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

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

of the Council who asks to see them.

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

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

regarding the movement of waste using their WasteLocate online reporting tool

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

13. Management of Construction and/or Demolition Waste

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

regarding the movement of waste using their WasteLocate online reporting tool

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

14. Surplus Excavated Material

The disposal of surplus excavated material, other than to a licenced waste facility, is not

permitted without the formal approval of Council prior to works commencing onsite. Any

unauthorized disposal of waste, which includes excavated material, is a breach of the

Protection of the Environment Operations Act 1997 and subject to substantial penalties.

Receipts of all waste/ recycling tipping must be kept onsite at all times and produced in a

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

15. Commencement of Domestic Waste Service

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

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

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

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

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

commencement of waste services.

http://www.wastelocate.epa.nsw.gov.au/


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16. Provision of Domestic Waste Storage Area

Sufficient space must be allocated onsite to store a minimum of three 240 litre mobile

bins (for waste streams as determined by Council). Note two separate areas are required

for dual occupancies. The location is required to ensure that the bins are not visible from

any adjoining property or public place, are easily accessible by future occupants and

allow the bins to be wheeled to the street over flat or ramped surfaces, grade not to

exceed 1:14, and not over steps, kerbs, landscape edging or through a habitable area of

the dwelling.

17. Tree Removal

Approval is granted for the removal of 10 trees and 1 Cinnamomum camphora stump as

shown on the Landscape Design Concept plan prepared by Birdwood Landscape Design,

dated 25.01.16.

All other trees are to remain and are to be protected during all works. Suitable

replacement trees are to be planted upon completion of construction.

18. Planting Requirements

All trees planted as part of the approved landscape plan are to be minimum 75 litre pot

size. All shrubs planted as part of the approved landscape plan are to be minimum

200mm pot size. Groundcovers are to be planted at 5/m2.

19. Retention of Trees

All trees not specifically identified on the approved plans for removal are to be retained

with remedial work to be carried out in accordance with Council’s Protection of

Existing Trees condition.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

20. Sediment and Erosion Control Plan

A sediment and erosion control plan prepared in accordance with Council’s Works

Specification Subdivision/ Developments must be submitted. The plan must include:

a) Lot boundaries;

b) Roads;

c) Contours;

d) Existing vegetation;

e) Existing site drainage;

f) Critical natural areas;

g) Location of stockpiles;

h) Erosion control practices;

i) Sediment control practices; and

j) A maintenance program.

21. Onsite Stormwater Detention – Hawkesbury River Catchment Area

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

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

Trust OSD Handbook, with amended parameters for the site storage requirement and

permissible site discharge.

The stormwater concept plan prepared by Barker Hale Consulting Engineers Drawing

PSW2 Revision 2 dated 1/12/2015 is for development application purposes only and is

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

plan.


PAGE 18

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

accredited OSD designer and submitted with:

- A completed OSD Drainage Design Summary Sheet;

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

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

peak run-off volumes;

- A completed OSD Detailed Design Checklist;

- A maintenance schedule.

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

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

approved as part of any Construction Certificate.

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

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

i. A completed application form;

ii. Four copies of the design plans and specifications;

iii. Payment of the applicable application and inspection fees.

22. Works on Adjoining Land

Where the engineering works included in the scope of this approval extend into adjoining

land, written consent from all affected adjoining property owners must be obtained and

submitted to Council before a Construction Certificate is issued.

PRIOR TO WORK COMMENCING ON THE SITE

23. Principal Certifying Authority

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

and Assessment Regulations 2000.

24. Builder and PCA Details Required

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

submitted to the Principal Certifying Authority prior to work commencing.

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

Authority in accordance with the Regulations.

25. Management of Building Sites – Builder’s Details

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

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

the site is otherwise unoccupied.

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

site is not permitted and giving an after hours’ contact name and telephone number. In

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

Principal Certifying Authority.

26. Consultation with Service Authorities

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

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

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

building, to the electricity meters and metering equipment.

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

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

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


PAGE 19

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

are necessary.

27. Approved Temporary Closet

An approved temporary closet connected to the sewers of Sydney Water, or alternatively

an approved chemical closet is to be provided on the land, prior to building operations

being commenced.

28. Stabilised Access Point

A stabilised all weather access point is to be provided prior to commencement of site

works, and maintained throughout construction activities until the site is stabilised. The

controls shall be in accordance with the requirements with the details approved by

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

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

NSW Department of Housing (Blue Book).

29. Sydney Water Building Plan Approval

A building plan approval must be obtained from Sydney Water Tap in™ to ensure that

the approved development will not impact Sydney Water infrastructure. A copy of the building plan approval receipt from Sydney Water Tap in™ must be

submitted to the Principal Certifying Authority upon request prior to works commencing.

Please refer to the website http://www.sydneywater.com.au/tapin/index.htm, Sydney

Water Tap in™, or telephone 13 20 92.

30. Separate OSD Detailed Design Approval

No work is to commence until a detailed design for the OSD system has been approved

by either Council or an accredited certifier.

31. Protection of Existing Trees

The trees that are to be retained are to be protected during all works strictly in

accordance with AS4970- 2009 Protection of Trees on Development Sites.

At a minimum a 1.8m high chain-wire fence is to be erected at least three (3) metres

from the base of each tree and is to be in place prior to works commencing to restrict

the following occurring:

Stockpiling of materials within the root protection zone,

Placement of fill within the root protection zone,

Parking of vehicles within the root protection zone,

Compaction of soil within the root protection zone.

All areas within the root protection zone are to be mulched with composted leaf mulch to

a depth of not less than 100mm.

A sign is to be erected indicating the trees are protected.

The installation of services within the root protection zone is not to be undertaken

without prior consent from Council.

DURING CONSTRUCTION

32. Hours of Work

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

Monday to Saturday - 7.00am to 5.00pm;

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

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

regarding the hours of work.


PAGE 20

33. Dust Control

The emission of dust must be controlled to minimise nuisance to the occupants of the

surrounding premises. In the absence of any alternative measures, the following

measures must be taken to control the emission of dust:

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

repair for the duration of the construction work;

All dusty surfaces must be wet down and suppressed by means of a fine water

spray. Water used for dust suppression must not cause water pollution; and

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

covered.

34. Compliance with BASIX Certificate

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

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

No. 648489M_02 are to be complied with. Any subsequent version of this BASIX Certificate

will supersede all previous versions of the certificate.

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

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

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

35. Compliance with Critical Stage Inspections and Other Inspections

Nominated by the Principal Certifying Authority

Section 109E(3)(d) of the Act requires certain specific inspections (prescribed by Clause

162A of the Regulations) and known as “Critical Stage Inspections” to be carried out for

building work. Prior to permitting commencement of the work, your Principal Certifying

Authority is required to give notice of these inspections pursuant to Clause 103A of the

Regulations.

N.B. An Occupation Certificate cannot be issued and the building may not be able to be

used or occupied where any mandatory critical stage inspections or other inspections

required by the Principal Certifying Authority are not carried out.

Where Council is nominated as Principal Certifying Authority, notification of all

inspections required is provided with the Construction Certificate approval.

NOTE: You are advised that inspections may only be carried out by the PCA

unless by prior agreement of the PCA and subject to that person being an

accredited certifier.

36. Roof Water Drainage

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

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

upon installation of roof coverings.

37. Standard of Works

All work must be carried out in accordance with Council’s Works Specification

Subdivisions/ Developments and must include any necessary works required to make the

construction effective. All works, including public utility relocation, must incur no cost to

Council.

PRIOR TO ISSUE OF AN OCCUPATION AND/OR SUBDIVISION CERTIFICATE

38. Completion of Subdivision Works

A Subdivision Certificate cannot be issued prior to the completion of all subdivision works

covered by this consent.


PAGE 21

39. Works as Executed Plans

Works as executed (WAE) plans prepared by a suitably qualified engineer or registered

surveyor must be submitted to Council when the subdivision works are completed. The

WAE plans must be prepared in accordance with Council’s Design Guidelines

Subdivisions/ Developments.

The plans must be accompanied by pavement density results, pavement certification,

concrete core test results, site fill results, structural certification, CCTV recording,

signage details and a public asset creation summary, where relevant.

40. Confirmation of Pipe Locations

A letter from a registered surveyor must be provided with the WAE plans certifying that

all pipes and drainage structures are located within the proposed drainage easements.

41. Provision of Electrical Services

Submission of a notification of arrangement certificate confirming satisfactory

arrangements have been made for the provision of electrical services. This must include

the under-grounding of the existing electrical services fronting the site and removal of all

redundant poles and cables, unless otherwise approved by Council in writing. The

certificate must refer to this development consent and all of the lots created.

42. Section 73 Compliance Certificate

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

obtained from Sydney Water confirming satisfactory arrangements have been made for

the provision of water and sewer services. Application must be made through an

authorised Water Servicing Coordinator. The certificate must refer to this development

consent and all of the lots created.

Sydney Water’s guidelines provide for assumed concurrence for the strata subdivision of

a development approved by an earlier consent covered by a compliance certificate.

43. Provision of Telecommunication Services

Submission of a telecommunications infrastructure provisioning confirmation certificate

issued by the relevant telecommunications provider authorised under the

Telecommunications Act, or a design compliance certificate and an as-built compliance

certificate from the company engaged to design and construct the pit and pipe

infrastructure, confirming satisfactory arrangements have been made for the provision,

or relocation, of telecommunication services including telecommunications cables and

associated infrastructure. This must include the under-grounding of the existing

telecommunication services fronting the site and removal of all redundant poles and

cables, unless otherwise approved by Council in writing. The certificate must refer to this

development consent and all of the lots created.

44. Subdivision Certificate Application

When submitted, the Subdivision Certificate application must include:

a) One copy of the final plan.

b) The original administration sheet and Section 88B instrument.

c) All certificates and supplementary information required by this consent.

d) An AutoCAD copy of final plan (GDA 1994 MGA94 Zone56).

45. Building Adjacent to Proposed Boundary

Where any part of an existing/ partially constructed building is located within 2m of a

proposed boundary the location of such must be determined by a registered surveyor

and shown on the final plan.

46. Registration of Subdivision

The registration of the proposed subdivision must occur, prior to an Occupation

Certificate being issued.


PAGE 22

47. Final Plan and 88B Instrument

The final plan and Section 88B Instrument must provide for the following. Council’s

standard recitals must be used.

i. Easement – Private Stormwater Drainage

Inter-allotment drainage easements must be created to ensure lot 1 is provided with a

legal point of discharge. Easement widths must comply with Council’s Design Guidelines

Subdivisions/ Developments.

ii. Easement – Right of Access/ Easement for Services

A right of access/ easement for services must be created over the access handle of

proposed lot 1.

iii. Positive Covenant – Maintenance/ Repair of Shared Driveway

A positive covenant must be placed on the title of proposed lots 1 and 2 to ensure the

maintenance/ repair of the shared driveway using the “maintenance/ repair of shared

access” terms included in the standard recitals.

iv. Restriction – Bedroom Numbers

All lots that contain a new dwelling home/ attached dwelling must be burdened with a

restriction using the “bedroom numbers” terms included in the standard recitals.

v. Restriction/ Positive Covenant – Onsite Stormwater Detention

Lot 2 must be burdened with a restriction and a positive covenant using the “onsite

stormwater detention systems” terms included in the standard recitals.

48. Completion of Engineering Works

An Occupation Certificate must not be issued prior to the completion of all engineering

works covered by this consent, in accordance with this consent.

49. OSD System Certification

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

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

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

system and prior to a final inspection:

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

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

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

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

verifying that the structures associated with the constructed OSD system are

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

them during their lifetime.

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

Council.

50. Building Services

A letter from a registered surveyor must be submitted certifying that all facilities

servicing the existing/ partially constructed buildings are located wholly within their

respective lot or are otherwise contained within a suitable easement.

51. Landscaping Prior to Issue of Occupation Certificate

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

Certificate in accordance with the approved plan. All landscaping is to be maintained at

all times in accordance with THDCP Part C, Section 3 – Landscaping and the approved

landscape plan.


PAGE 23

THE USE OF THE SITE

52. Waste and Recycling Collection

All waste generated onsite must be removed at regular intervals and not less frequent

than once weekly for garbage and once fortnightly for recycling. The collection of waste

and recycling must not cause nuisance or interfere with the amenity of the surrounding

area. Garbage and recycling must not be placed on public property for collection without

the formal approval of Council. Waste collection vehicles servicing the development are

not permitted to reverse in or out of the site.

ATTACHMENTS

1. Locality Plan

2. Aerial Photograph

3. Plan of Subdivision

4. Site Plan

5. Elevations

6. Landscape Plan


PAGE 24

ATTACHMENT 1 – LOCALITY PLAN


PAGE 25

ATTACHMENT 2 – AERIAL PHOTOGRAPH


PAGE 26

ATTACHMENT 3 – PLAN OF SUBDIVISON


PAGE 27

ATTACHMENT 4 – SITE PLAN


PAGE 28

ATTACHMENT 5 – ELEVATIONS

Southern Elevation

Western Elevation

Northern Elevation

Eastern Elevation

Note: Area of second storey non-compliance circled in red


PAGE 29

ATTACHMENT 6 – LANDSCAPE PLAN

development assessment unit - thehills.nsw.gov.au · item-3 da 1010/2015/zd ... (vii) to ensure...

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