development assessment unit - thehills.nsw.gov.au · setbacks, cut and fill, private open space,...

DEVELOPMENT ASSESSMENT UNIT

Tuesday, 01 May 2018

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DEVELOPMENT ASSESSMENT UNIT MEETING 01 MAY, 2018

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 668/2018/HA - AN ATTACHED DUAL

OCCUPANCY AND STRATA SUBDIVISION - LOT

419 DP 1200566, NO. 15 TIMBARRA AVENUE,

KELLYVILLE

4


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MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE

HILLS SHIRE COUNCIL ON TUESDAY, 24 APRIL 2018

PRESENT

Cameron McKenzie Group Manager – Environment & Planning (Chair)

Kristine McKenzie Acting Manager – Development Assessment

Simon Turner Acting Manager – Subdivision & Development Certification

Mark Colburt Manager – Environment & Health

Craig Woods Manager – Regulatory Services

Megan Munari Principal Co-ordinator – Forward Planning

APOLOGIES

Paul Osborne Manager – Development Assessment

Andrew Brooks Manager – Subdivision & Development Certification

Stewart Seale Manager – Forward Planning

TIME OF COMMENCEMENT

8:30am

TIME OF COMPLETION

8:37am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 10 April

2018 be confirmed.

ITEM-2 DA 932/2018/HA - DETACHED DUAL OCCUPANCY

AND STRATA SUBDIVISION - LOT 12 DP 270951,

NO. 33 BUDAWANG AVENUE, KELLYVILLE

RESOLUTION

The Development Application be refused on the following grounds:

1. The proposed strata subdivision of the development does not comply with the

provisions of Clause 4.1 of State Environmental Planning Policy (Sydney Region

Growth Centres) 2006.

(Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act, 1979).

2. The proposed development does not comply with the minimum front and rear

setbacks, cut and fill, private open space, solar access, fencing, streetscape and

architectural design or dwelling massing and siting requirements of the North

Kellyville Development Control Plan.

(Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979).


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3. The applicant has not submitted the adequate information to demonstrate that the

proposal will result in an appropriate built form outcome.

(Section 4.15(1)(b) of the Environmental Planning and Assessment Act, 1979).

4. The development is not suitable for the site as it will not provide a satisfactory

relationship between the built form and topography of the lot.

(Section 4.15(1)(c) of the Environmental Planning and Assessment Act, 1979).

5. The proposed development has been located within the nominated Asset Protection

Zone shown on the Deposited Plan and the applicant has not demonstrated that

the proposal will result in a safe environment for future residents given the

bushfire prone nature of the site and area.

(Section 4.15(1)(b)(c) of the Environmental Planning and Assessment Act, 1979).

END MINUTES


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ITEM-2 DA 668/2018/HA - AN ATTACHED DUAL

OCCUPANCY AND STRATA SUBDIVISION - LOT 419

DP 1200566, NO. 15 TIMBARRA AVENUE,

KELLYVILLE

THEME: Balanced Urban Growth

OUTCOME: 7 Responsible planning facilitates a desirable living

environment and meets growth targets.

STRATEGY:

7.2 Manage new and existing development with a robust

framework of policies, plans and processes that is in

accordance with community needs and expectations.

MEETING DATE: 1 MAY 2018

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR TOWN PLANNER

SANDA WATTS

RESPONSIBLE OFFICER: PRINCIPAL EXECUTIVE PLANNER

KRISTINE MCKENZIE

Applicant G Hemmons

Owner G Hemmons and R Giles

Notification 14 days

Number Advised 12

Number of Submissions Five

Zoning R2 Low Density Residential

Site Area 621.2m²

List of all relevant

s79C(1)(a) matters

Section 4.15 (EP&A Act) – Satisfactory.

SEPP Growth Centres 2006 – Satisfactory.

SEPP BASIX 2004 – Satisfactory.

SEPP No 55—Remediation of Land – Satisfactory.

Draft SEPP Growth Centres 2006 – Satisfactory.

North Kellyville DCP 2016 – Variations required, see report.

Section 7.12 Contribution: $35,000

Political Donation None Disclosed

Reason for Referral to

DAU

1. Variations to DCP

2. Submissions received.

Recommendation Approval subject to conditions


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EXECUTIVE SUMMARY

The Development Application is for a the construction of an attached two storey dual

occupancy and a two lot strata subdivision.

The proposed development includes variations to the North Kellyville Development

Control Plan in relation to fill and upper storey site coverage. The proposed variations

will not unreasonably impact on adjoining property owners in regard to privacy or result

in an unsatisfactory built form outcome.

The application was notified and five submissions were received. The issues raised

primarily relate to greater demand for on-street parking as a result of the dual

occupancy, occupant numbers, impact of the development on the streetscape, solar

access and the proposed landscaping. The application complies with the parking

requirements, permitted maximum building height and landscaping and setback controls

under the DCP. Suitable landscaping is proposed on the site and the design achieves a

balance of cut and fill. It is considered that the application will not have an unreasonable

impact on the privacy or amenity of adjoining properties.

The application is recommended for approval subject to conditions.

BACKGROUND

On 10 October 2017 the subject Development Application was lodged. A letter was sent

to the applicant requesting further details in regards to the subdivision plan, drainage

concept plan, raingarden, driveway locations and BASIX Certificate. On 12 February

2018 the outstanding information was submitted, and on 27 February Council staff

received amended plans and BASIX Certificate reflecting a change in construction

material.

PROPOSAL

The Development Application is for the construction of an attached two storey dual

occupancy and associated two lot strata subdivision.

Both dwellings contain four bedrooms and a single garage. The garages are accessed

from separate driveways which share a common driveway crossover.

The dwellings are constructed from a grey brick and will have a colorbond skillion roof in

“Monument” (charcoal grey) colour. Concrete render in a light grey is also proposed to

on the upper level facing the street.

ISSUES FOR CONSIDERATION

1. Compliance with SEPP (Sydney Region Growth Centres) 2006

(i) Permissibility

The proposed development is defined in the SEPP (SRGC) 2006 as a dual occupancy

which is permitted with consent within the R2 Low Density Residential zone.

Clause 2.6 of the SEPP states that land to which the precinct plan applies may be

subdivided with consent. The application is seeking approval for a two lot strata

subdivision in accordance with the provisions of this clause. Accordingly, the proposal is

considered satisfactory with regard to SEPP (Sydney Region Growth Centres) 2006.


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(ii) SEPP (Sydney Region Growth Centres) 2006 - Development Standards

The following addresses the principal development standards of the SEPP relevant to the

subject proposal:

CLAUSE REQUIRED PROVIDED COMPLIES

Clause 4.1AB(4)

Allotment size

600m² for a dual

occupancy

621.2m² Yes

Clause 4.3 Height of

Buildings

9 metres 7.5 metres Yes

2. Draft SEPP (SRGC) 2006 – North Kellyville Precinct

In May 2017 the Department of Planning released the draft North West Land Use and

Infrastructure Implementation Plan. In addition to a new growth centres structure plan

and an infrastructure schedule, the package proposes a draft amendment to State

Environmental Planning Policy (Sydney Region Growth Centres) 2006 and associated

draft changes to the DCP.

The proposed changes include the introduction of density bands (rather than only

minimum density) and reinstatement of minimum lot sizes for all residential areas (that

were removed as part of the 2014 Housing Diversity changes).

The subject site will be affected by the replacement of the minimum density provision

with a density band. The site currently has a minimum density of 10 dwelling per hectare

which is proposed to be amended to a minimum density of 10 dwellings per hectare and

a maximum density of 15 dwellings per hectare.

The area of the approved subdivision was 1.980 hectares with 22 residential lots being

approved (DA 1297/2012/ZB) which resulted in a density of 11.11 dwellings per hectare.

Approval of the proposed development will result in a total of 23 lots in the subdivision.

This equates to an amended density of 11.6 dwellings per hectare which complies with

the Draft SEPP density provisions.

3. Compliance with North Kellyville Development Control Plan

The proposal has been assessed against the provisions of North Kellyville DCP. The

proposed development achieves compliance with the relevant requirements with the

exception of the following:

DEVELOPMENT

CONTROL

DCP

REQUIREMENTS

PROPOSED

DEVELOPMENT

COMPLIANCE

Cut and Fill 500mm maximum

for cut and fill

920mm fill

proposed

No, however given the

sloping site, the

development achieves a

balance of cut and fill. A

drop edge beam is

proposed to contain the fill

under the building

platform.

Upper level site

coverage

30% 42% No, however compliance

with solar access control is

achieved and there will be

no unreasonable impacts

on privacy.


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a) Cut and Fill

The North Kellyville DCP requires that no earthworks shall be undertaken whereby

excavation exceeds 500mm or fill exceeds 500mm from present levels without the

approval of Council.

The development includes maximum fill of 920mm for dwelling 1 under the front part of

the dwelling. The maximum cut for the development is less than 500mm and is located

at the rear of the dwellings. A drop edge beam to retain the fill is proposed at the front

of dwelling 1 (north-west corner) (See Attachment 5).

The applicant in justifying the proposed variation to cut and fill states that:

No, cut and fill does not comply. However the amount of cut and fill has been

kept as closely to 500mm as possible as well as creating split levels to

accommodate the slope of the land. The proposed position of the dwelling was

done in order to minimise cut and fill throughout the whole lot.

Comment:

The objectives of this section of the DCP are:

1. To minimise the extent of cut and fill within residential allotments.

2. To protect and enhance the aesthetic quality of the area by controlling the form,

bulk and scale of land forming operations.

3. To ensure that filling material is satisfactory and does not adversely affect the

fertility or salinity of soil, or the quality of surface water or groundwater.

4. To ensure that the amenity of adjoining residents is not adversely affected by any

land forming operation.

The amount of cut and fill will not unreasonably impact adjoining premises given the fill

will be contained under the platform with a drop edge beam. The variation to fill is

satisfactory in this instance and is required due to the slope of the land. The split level

design of the development caters to the slope of the site whilst maintaining internal

amenity for the occupants of the development and also to minimise the impacts on

adjoining properties.

The variation to fill is considered satisfactory in this instance.

b) Dwelling Height, Massing and Siting

The North Kellyville DCP states that all development is to comply with the maximum site

coverage based on the frontage of the lot. As the site as it has a frontage greater than

15 metres, the site coverage for a two storey development is to be 50% at the ground

level and 30% at the upper floor. The proposal complies with the ground level site

coverage being 50%, however the upper level site coverage is 42%.

It is also noted that under Part 4.3.2(2) –Controls - Dual Occupancies, the DCP states

that the maximum site coverage control for the second storey in the relevant table may

be exceeded by the combined 2nd storey coverage of both dwellings in a dual occupancy

provided that:


PAGE 9

- The privacy of the principal dwelling and dwellings on adjoining land is not

compromised; and

- Solar access requirements for the principal private open space can be met for the

principal dwellings and dwellings on adjoining lots.

The applicant in justifying the proposed variation to upper level site coverage states

that:

The upper floor site coverage has been exceeded, however the proposed dwelling

has been designed to provide maximum privacy for both the proposed and

surrounding dwellings. The balconies have been located at the front with privacy

screens as well as the windows have been set at a reasonable height so that it

does not impose on any privacy issues on neighbouring dwellings.

Comment:

The objectives of the DCP are:

(a) To ensure development is of a scale appropriate to protect residential amenity.

(b) To ensure building heights achieve built form outcomes that reinforce quality

urban and building design.

The development has been designed maintain privacy between the occupants of the dual

occupancy and neighbouring properties. Upper level windows on the side elevations are

either highlight windows or windows with a high sill height for bathrooms/toilets or very

narrow/tall windows. Screening is proposed along the side setback for the upper level

balconies that front the street.

The shadow diagrams show that 3 hours of sunlight between 9am and 3pm at the winter

solstice (June 21) to at least 50% of the required principal private open space (being half

of 24m²) of both the proposed development and the neighbouring properties is achieved.

Furthermore, the proposal complies with setback and landscape requirements.

The proposed site coverage is considered satisfactory in this instance.

4. Issues Raised in Submissions

The proposal was notified for 14 days and five submissions were received from four

properties. The issues raised in the submissions are summarised below.

ISSUE/OBJECTION COMMENT

Overshadowing is a concern, as the

two storey development is much

higher than our single storey

dwelling. Suggestions to reduce

the impact include cutting the site

to be level with the adjoining

property or reducing the ceiling

height from 2.7m to 2.4m. A

medical issue makes access to

natural sunlight important.

Shadow diagrams provided with the Development

Application show that 3 hours of sunlight

between 9am and 3pm at the winter solstice

(June 21) to at least 50% of the required

principal private open space (being half of 24m²)

on neighbouring properties is achieved. Given

the sloping nature of the site, additional cut on

the site to be consistent with one neighbour

would result in significant retaining walls on the

other boundary. A balance of cut and fill is the

desired approach, which has been proposed in

this instance. The proposal complies with the

maximum building height, therefore a reduction

in ceiling heights is not required. Furthermore,

the development has a skillion style roof, which

results in less overshadowing than a traditional

pitch roof design.


PAGE 10


A single car garage for each

dwelling is not adequate for 4

bedroom home.

Apartments in The Hills Shire

Council require 2 car parking

spaces. It is likely that two

medium sized families will occupy

the development and multiple cars

from the development will park on

the street, and concern is raised

that cars will parking in front of

neighbouring dwellings. Timbarra

Avenue is a narrow street with

parking on both side, this

development will add further

demand for on-street parking.

There are lots of children who live

on the street and concern is raised

with their safety and the increase

in congestion on the street as a

result of the development.

The proposal complies with the parking

requirements of the North Kellyville Development

Control Plan that applies to the type of

development proposed. In addition to the single

garage, there is an opportunity for one car to

park on the driveway forward of the garage. On-

street parking is public parking and is available

for all properties to utilise as required. Child

safety is the responsibility of the care giver.

The proposed driveway is across

from the driveway on the opposite

side of the street which results in

a safety issue for cars reversing

out.

The proposed driveway location is suitable and

complies with Council’s Driveway Standards.

Council’s Subdivision Engineer has reviewed the

proposed vehicle access and has raised no

objection to the proposed driveway location.

The proposed driveway is to be

constructed over the existing swale

which has been designed to reduce

stormwater. The second driveway

will compromise the integrity of the

swale.

The proposed single driveway crossing has been

reviewed by Council’s Subdivision Engineer. The

swale is to be relocated and appropriate

conditions of consent have been recommended

(See Condition 11).

The driveway incorporates

landscaping rather than being

solid, which is inconsistent with the

streetscape.

There is no development control that stipulates

that driveways cannot incorporate a landscape

strip. Council staff raise no issue with this style

of driveway. The development does not rely on

driveway landscaping to comply with the DCP

requirements.

No raingardens have been

proposed with the development.

The amended plans provided by the applicant

include two raingardens (one for each dwelling)

which comply with Council’s controls (See

Conditions 17, 32 and 33).

Access to the rear yards will be

restricted due to the rainwater

tanks within the side setbacks.

It is not uncommon for development to locate

slimline rainwater tanks along the side boundary.

The development complies with the side

boundary requirements stipulated under the DCP.

Adequate area is maintained for access.

The design of the development is

out of character with the

surrounding properties. The

colours are considered to be

monolithic with no vibrancy.

The proposed development incorporates a

charcoal grey colorbond skillion roof. The street

generally contains pitched roofs, however there

are other examples of flat or skillion roofs in the

immediate locality. The proposed colours and

finishes are appropriate and reflect the modern

character of the area.


PAGE 11


Some of the rooms (bedroom and

home theatre) within the dwellings

appear to have issues with light

and ventilation.

This matter was raised with the applicant. They

advised that this will be addressed during the

Construction Certificate Stage of the application.

A condition of consent has been recommended

requiring compliance with the BCA (See Condition

3).

The development does not cater for

outdoor mechanical ventilation

units, and the minimal side setback

does not allow much room for a

unit to be installed.

The proposal does not include mechanical

ventilation. The BASIX Certificate submitted with

the Development Application does not include

mechanical heating/cooling.

The landscape plan proposes

established trees at the rear of the

site. Over time, the root system

will effect the integrity of the

retaining wall and cause issues

with our pool plumbing. The

proposed tree at the rear of the

property will overshadow our pool

and drop leaves in the pool and

garden area. We request the tree

be planted elsewhere on the

property.

The proposed Elaeocarpus Eumundi (Smooth

leaved Quandong) is considered to be an

appropriate species in this instance. The root

system of this species is not considered to be

evasive and it does not produce a great deal of

leaf litter. The shape of the tree is generally

narrow and slender. Council’s Tree Officer is

satisfied with the proposed landscaping for the

site and the species nominated, and their

locations. The existing tree at the rear of the site

is to remain.

There are no retaining walls

indicated on the plans to retain the

integrity of the fence between the

properties or a drainage system to

adequately drain potential water

runoff.

Where appropriate, the development will batter

any cut or fill within the site. Drop edge beams

will be required at the front of the dwelling to

contain fill. A condition of consent has been

recommended in regards to a drop edge beam

for fill required for the construction of the

development (See Condition 1).

The owner did not approach me in

regards to the proposed

development, and we are more

than happy to work with the owner

to come up with suitable

compromise.

The owner is not required to negotiate with

neighbours in regards to the proposed

development.

Houses built in Timbarra Avenue

are all newly constructed, large

family owned properties.

Townhouses do not suit the

streetscape and serious concern is

raised that these townhouses will

ruin the credibility of the street and

devalue other houses.

The proposed development is not a townhouse

development. The proposal is for a dual

occupancy, which is a permissible form of

development in the zone. Property value is not

considered to be a planning matter and is not a

consideration in the assessment of the subject

Development Application.

5. Internal Referrals

The application was referred to Council’s Subdivision Department and was also reviewed

by Council’s Tree Officer. No objection was raised to the proposal subject to conditions.


PAGE 12

CONCLUSION

The Development Application has been assessed against the relevant heads of

consideration under Section 4.15 of the Environmental Planning and Assessment Act,

1979, SEPP Sydney Regional Growth Centres 2006 and The North Kellyville Development

Control Plan and is considered satisfactory. The issues raised in the submissions have

been addressed in the report and do not warrant refusal of the application.

Approval is recommended subject to conditions.

IMPACTS

Financial

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

estimates.

The Hills Future Community Strategic Plan

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

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

development provides for satisfactory urban growth without adverse environmental or

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

the streetscape and general locality.

RECOMMENDATION

The Development Application be approved subject to the following conditions:

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.

The amendments in red include: - fill greater than 500mm is to be retained by a drop

edge beam

REFERENCED PLANS AND DOCUMENTS

DRAWING NO DESCRIPTION ISSUE DATE

DWG-01 Site Plan G 19/02/2018

DWG-02 Site Analysis G 19/02/2018

DWG-03 Floor Plans G 19/02/2018

DWG-04 Roof Plan G 19/02/2018

DWG-05 North and South Elevations G 19/02/2018

DWG-06 West and East Elevations G 19/02/2018

DWG-07 Material Schedule G 19/02/2018

DWG-08 Section A & B G 19/02/2018


PAGE 13

DWG-09 Section C & D G 19/02/2018

DWG-10 Section AA & BB G 19/02/2018

DWG-14 Driveway Plan & Section G 19/02/2018

- Landscape Plan Sheet 1 of 4 30/01/2018

- Planting Details Sheet 2 of 4 30/01/2018

- Typical Raingarden & Swale Plan Sheet 3 of 4 30/01/2018

- Landscape Guidelines Sheet 4 of 4 30/01/2018

Proposed Plan of Subdivision Sheet 1 of 1 -

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

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

2. Construction Certificate

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

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

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

to incorporate the conditions of the Development Consent.

3. Building Work to be in Accordance with BCA

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

Code of Australia.

4. Adherence to Waste Management Plan

All requirements of the Waste Management Plan submitted as part of the Development

Application must be implemented except where contrary to other conditions of consent.

The information submitted can change provided that the same or a greater level of reuse

and recycling is achieved as detailed in the plan. Any material moved offsite is to be

transported in accordance with the requirements of the Protection of the Environment

Operations Act 1997 and only to a place that can lawfully be used as a waste facility.

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

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

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

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

regarding the movement of waste using their WasteLocate online reporting tool

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

5. 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.

6. 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.

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


PAGE 14

7. Bushfire Requirements - BAL LOW – Residential

The development is to comply with the requirements and recommendations in the report

titled “Bushfire Risk Assessment” prepared by Bushfire Consultancy Australia, authored

by Matthew Toghill, dated 22/08/2017.

8. 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 for this development is:

15A Timbarra Avenue Kellyville

15B Timbarra Avenue Kellyville

The street numbers as issued are to be displayed at the entrance to the property for mail

delivery and service providers including emergency services.

9. Approved Subdivision Plan

The subdivision component of the development must be carried out in accordance with

the approved plan of subdivision prepared by NGEO Surveys Drawing 180121PPS1

except where amended by other conditions of consent.

10. Protection of Public Infrastructure

Adequate protection must be provided prior to work commencing and maintained during

building operations so that no damage is caused to public infrastructure as a result of

the works. Public infrastructure includes the road pavement, kerb and gutter, concrete

footpaths, drainage structures, utilities and landscaping fronting the site. The certifier is

responsible for inspecting the public infrastructure for compliance with this condition

before an Occupation Certificate is issued. Any damage must be made good in

accordance with the requirements of Council and to the satisfaction of Council.

11. Minor Engineering Works

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

in accordance with Council’s Design Guidelines Subdivisions/ Developments and Works

Specifications Subdivisions/ Developments.

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.

a) Concrete Footpath Paving

A 1.5m wide concrete footpath paving, including access ramps at all intersections, must

be provided across the street frontage of the development site transitioning into the

existing footpath adjacent in accordance with the above documents.

b) 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.

c) Inter-allotment Stormwater Drainage (North Kellyville)

Rain gardens and rainwater reuse tanks are required for each lot as per this consent. To

allow for these rain gardens, the following requirements apply:


PAGE 15

For those lots that fall away from the street, piped inter-allotment stormwater drainage

catering for the entire area of each lot must be provided. 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.

For those lots that fall towards the street, direct connections to the kerb are not

permitted. Each lot must be uniformly graded to its lowest point where a grated surface

inlet pit must be provided. This pit must be connected to the street drainage under the

kerb fronting the lot, not the kerb opposite. For roads with a one-way cross fall, this will

require road drainage and kerb inlet pits on both sides of the road. Direct individual

connections or a combined inter-allotment drainage connection are permissible.

A minimum level difference of 800mm measured between the surface level and the

invert of the outlet pipe must be provided in the stormwater pit on each lot to allow for

the required rain garden.

d) 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.

e) Driveways/ Roadside Swale Adjustment (North Kellyville)

The new or relocated driveway on Timbarra Avenue will require amendment to the

existing roadside bio-retention swale:

The section of existing bio-retention swale affected by the location of the new or

relocated driveway must be removed.

The area backfilled so the new or relocated driveway can be built over the top.

A new grated inlet pit must be installed immediately upslope of each new or

relocated driveway.

The new or relocated driveway must be no wider than 5.4m extending from the kerb

to the property boundary, in order to limit the impact on the swale.

The existing driveway being replaced must be removed, the area excavated and the

bio-retention swale established in its place. This includes the three media layers, rock

lining, landscape planting and signage in accordance with the above documents.

The existing grated inlet pit associated with the existing driveway must be removed

and the pipework repaired.

Refer to Standard Drawing 48 available from Council’s website for more detail showing

this arrangement.

All these works must be carried out by a civil contractor with the appropriate civil liability

insurances for works in the footpath/ public area.

Approval for these works must be obtained from Council via an approved subdivision

works Construction Certificate/ minor engineering works approval before a Construction

Certificate can be issued for the building works.

The driveway relocation and swale reconstruction must be completed before any

Occupation Certificate is issued. The scope/ cost of these works are not reasonably left

to the eventual lot owner.

12. Rain Garden and Rainwater Reuse Tank (North Kellyville)

A rain garden and rainwater reuse tank is required to be constructed in accordance with

the following documents and requirements:


PAGE 16

Council’s Typical Rain Garden Plan and Details (Standard Drawing 44)

Council’s Rain Garden Installation Guide and Specifications

The area/ volume of the rain garden must comply with the restriction that appears on

the title of the subject site.

The rainwater reuse tank must be plumbed specifically for washing machine use.

External use is also permitted however the recycled water system supplied by Sydney

Water must be connected to all toilets for flushing purposes, and at least one external

tap.

13. Recycled Water

The subject site must be connected to Sydney Water’s Rouse Hill Recycled Water

Scheme, unless written evidence from Sydney Water is submitted advising that this

service is not available.

14. 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.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

15. Special Infrastructure Contribution – Growth Centres

A special infrastructure contribution is to be made in accordance with the Environmental

Planning and Assessment (Special Infrastructure Contribution – Western Sydney Growth

Areas) Determination 2011, as in force when this consent becomes operative.

Information about the special infrastructure contribution can be found on the

Department of Planning and Environment website:

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

Please contact the Department of Planning and Environment regarding arrangements for

the making of a payment.

16. Section 7.11 Contribution – North Kellyville

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

7.11 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:-

Purpose: Dual

Occupancy

Purpose:

Credit No. of Dual Occs: 2 No. of Credits: 1 Total S94

Open Space - Land 18,510.74$ 18,510.74$ 37,021.48$ 18,510.74$ 18,510.74$

Open Space - Capital 2,547.67$ 2,547.67$ 5,095.34$ 2,547.67$ 2,547.67$

Transport Facilities - Land 1,066.25$ 1,066.25$ 2,132.50$ 1,066.25$ 1,066.25$

Transport Facilities - Capital 8,986.74$ 8,986.74$ 17,973.48$ 8,986.74$ 8,986.74$

Water Management - Land 2,472.46$ 2,472.46$ 4,944.92$ 2,472.46$ 2,472.46$

Water Management - Capital 956.82$ 956.82$ 1,913.64$ 956.82$ 956.82$

Community Facilities - Land 459.32$ 459.32$ 918.64$ 459.32$ 459.32$

Total 35,000.00$ 35,000.00$ 70,000.00$ 35,000.00$ 35,000.00$


PAGE 17

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. 13.

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.

17. Water Sensitive Urban Design Elements - Rain Garden and Rainwater Reuse

Tank (North Kellyville)

The construction certificate issued for this dwelling must include the rain garden and

rainwater reuse tank conditioned earlier in this consent.

PRIOR TO WORK COMMENCING ON THE SITE

18. Principal Certifying Authority

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

and Assessment Regulations 2000.

19. Management of Building Sites – Builder’s Details

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

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

the site is otherwise unoccupied.

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

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

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

Principal Certifying Authority.

20. 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.

21. 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.

22. 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).

23. 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).


PAGE 18

24. Sydney Water Building Plan Approval

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

the approved development will not impact Sydney Water infrastructure.

A copy of the building plan approval and receipt from Sydney Water Tap in™ (if not

already provided) must be submitted to the Principal Certifying Authority upon request

prior to works commencing.

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

Water Tap in™, or telephone 13 20 92.

25. Service Authority Consultation – Subdivision Works

Before subdivision works commence documentary evidence must be submitted

confirming that satisfactory arrangements have been made for:

The provision of electrical services for the non-residue lots created by the

subdivision. This includes the undergrounding of existing overhead services, except

where a specific written exemption has been granted by Council.

The provision of water and sewerage facilities.

The provision of telecommunication services for the non-residue lots created by the

subdivision, typically requiring the installation of pits and pipes complying with the

standard specifications of NBN Co current at the time of installation. This includes the

undergrounding of existing overhead services, except where a specific written

exemption has been granted by Council. The Telecommunications Act 1978 (Cth)

specifies where the deployment of optical fibre and the installation of fibre-ready

facilities is required.

DURING CONSTRUCTION

26. 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.

27. Dust Control

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

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

measures must be taken to control the emission of dust:

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

repair for the duration of the construction work;

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

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

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

covered.

28. Survey Certificate

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

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

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

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

proceeding on the building/structure.


PAGE 19

29. 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. 852289M_02 is to be complied with. Any subsequent version of this BASIX

Certificate will supersede all previous versions of the certificate. A Section 4.55

Application may be required should the subsequent version of this BASIX Certificate

necessitate design changes to the development. However, a Section 4.55 Application

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

30. Compliance with Critical Stage Inspections and Inspections Nominated by

the PCA

Section 6.5 of the Environmental Planning and Assessment Act 1979 requires critical

stage inspections to be carried out for building work as prescribed by Clause 162A of the

Environmental Planning and Assessment Regulation 2000. Prior to allowing building

works to commence the PCA must give notice of these inspections pursuant to Clause

103A of the Environmental Planning and Assessment Regulation 2000.

An Occupation Certificate cannot be issued and the building may not be able to be used

or occupied where any mandatory critical stage inspection or other inspection required

by the PCA is not carried out. Inspections can only be carried out by the PCA unless

agreed to by the PCA beforehand and subject to that person being an accredited

certifier.

31. 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.

32. Rain Garden – Construction Checklist Compliance

During construction of the rain garden Council’s Rain Garden Installation Guide and

Specifications must be followed, a copy of which is available on Council’s website.

The Construction Checklist (Appendix A) included with the installation guide/

specifications must be completed by the person constructing the rain garden and a copy

submitted to Council.

PRIOR TO ISSUE OF AN OCCUPATION AND/OR SUBDIVISION CERTIFICATE

33. Water Sensitive Urban Design Certification

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

elements conditioned earlier in this consent. The following documentation must be

submitted in order to obtain an Occupation Certificate:

WAE drawings and any required engineering certifications;

Records of inspections;

An approved operations and maintenance plan; and

A certificate of structural adequacy from a suitably qualified structural engineer

verifying that any structural element of the WSUD 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.


PAGE 20

34. Rain Garden/ Rainwater Tanks (North Kellyville)

An Occupation Certificate must not be issued prior to the completion of the rain garden

and rainwater reuse tank required by this consent. A copy of the completed Construction

Checklist (Appendix A) included with Council’s Rain Garden Installation Guide and

Specifications must be submitted to Council.

35. Completion of Subdivision Works

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

covered by this consent.

36. 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.

37. 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.

38. Provision of Telecommunication Services

Prior to the issue of a Subdivision Certificate the developer (whether or not a

constitutional corporation) is to provide evidence satisfactory to the Certifying Authority

that arrangements have been made for:

The installation of fibre-ready facilities to all individual lots and/ or premises in a real

estate development project so as to enable fibre to be readily connected to any premises

that is being or may be constructed on those lots. Demonstrate that the carrier has

confirmed in writing that they are satisfied that the fibre ready facilities are fit for

purpose; and

The provision of fixed-line telecommunications infrastructure in the fibre-ready facilities

to all individual lots and/ or premises in a real estate development project demonstrated

through an agreement with a carrier.

Real estate development project has the meanings given in Section 372Q of the

Telecommunications Act 1978 (Cth).

For small developments, NBN Co will issue a Provisioning of Telecommunications

Services – Confirmation of Final Payment. For medium and large developments, NBN Co

will issue a Certificate of Practical Completion of Developers Activities.

For non-fibre ready facilities, either an agreement advice or network infrastructure letter

must be issued by Telstra confirming satisfactory arrangements have been made for the

provision of telecommunication services. This includes the undergrounding of existing

overhead services, except where a specific written exemption has been granted by

Council.

A copy of the works as executed (WAE) plans for the telecommunications infrastructure

must also be submitted.


PAGE 21

39. Subdivision Certificate Application

When submitted, the Subdivision Certificate application must include:

One copy of the final plan.

The original administration sheet and Section 88B instrument.

All certificates and supplementary information required by this consent.

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

40. Notice of Privately Issued Strata Certificate

Should the Strata Certificate be issued by a certifier other than Council a copy of the

strata certificate, along with all supporting documentation relied upon as part of the

same, must be submitted to Council within seven days.

ATTACHMENTS

1. Locality Plan

2. Aerial Photograph

3. Site Plan

4. Elevations

5. Section Showing Location of Drop Edge Beam

6. Landscape Plan

7. Shadow Diagrams


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ATTACHMENT 1 – LOCALITY PLAN


PAGE 23

ATTACHMENT 2 – AERIAL PHOTOGRAPH


PAGE 24

ATTACHMENT 3 – SITE PLAN


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ATTACHMENT 4 – ELEVATIONS


PAGE 26


PAGE 27

ATTACHMENT 5 – SECTION SHOWING LOCATION OF DROP EDGE BEAM

Fill to be

contained by drop edge beam


PAGE 28

ATTACHMENT 6 – LANDSCAPE PLAN


PAGE 29

ATTACHMENT 7 – SHADOW DIAGRAMS

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