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Development Assessment
Unit
Tuesday, 15 March 2016
THE H
ILLS S
HIR
E C
OU
NC
IL
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 3
ITEM-2 DA 265/2016/HA - ADDITIONS TO AN EXISTING
CHILD CARE CENTRE - LOTS 1 & 2 DP 562533,
NO. 160-162 EXCELSIOR AVENUE, CASTLE HILL
4
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 3
MINUTES OF THE DEVELOPMENT ASSESMENT UNIT MEETING HELD AT
THE HILLS SHIRE COUNCIL ON TUESDAY 8 MARCH 2016
PRESENT
Paul Osborne Acting Group Manager – Environment & Planning (Chair)
Andrew Brooks Manager – Subdivision & Development Certification
Angelo Berios Acting Manager – Environment & Health
Craig Woods Manager – Regulatory Services
Bronwyn Smith Principal Forward Planner
Kristine McKenzie Principal Executive Planner
APOLOGIES
Cameron McKenzie Group Manager – Environment & Planning
Mark Colburt Manager – Environment & Health
TIME OF COMMENCEMENT
8:30am
TIME OF COMPLETION
8.35AM
ITEM-1 CONFIRMATION OF MINUTES
RESOLUTION
The Minutes of the Development Assessment Unit Meeting of Council held on 1 March
2016 be confirmed.
ITEM-2 DA NO. 851/2016/LD - A SPLIT LEVEL TWO STOREY
DWELLING AND INGROUND SWIMMING POOL - LOT
618 DP 1154477, NO. 24 APPIAN CIRCUIT,
BAULKHAM HILLS
RESOLUTION
The application be approved subject to conditions as set out in the report.
END MINUTES
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 4
ITEM-2 DA 265/2016/HA - ADDITIONS TO AN EXISTING
CHILD CARE CENTRE - LOTS 1 & 2 DP 562533, NO.
160-162 EXCELSIOR AVENUE, CASTLE HILL
THEME: Balanced Urban Growth
OUTCOME: 7 Responsible planning facilitates a desirable living
environment and meets growth targets.
STRATEGY:
7.2 Manage new and existing development with a robust
framework of policies, plans and processes that is in
accordance with community needs and expectations.
MEETING DATE: 15 MARCH 2016
DEVELOPMENT ASSESSMENT UNIT
AUTHOR: DEVELOPMENT ASSESSMENT CO-ORDINATOR
JAMES MCBRIDE
RESPONSIBLE OFFICER: PRINCIPAL EXECUTIVE PLANNER
KRISTINE MCKENZIE
EXECUTIVE SUMMARY
The development application is for alterations and additions to an existing child care
centre operating as ‘Keen Kiddies’ at Lot 2 DP 562533, No. 162 Excelsior Avenue, Castle
Hill. The proposed addition will extend the current child care centre into the adjoining
property at Lot 1 DP 562533, No. 160 Excelsior Avenue, Castle Hill. The proposal will
involve the conversion of the existing dwelling in order to increase the child care centre
by an additional 44 children and 8 staff. This will result in a total of 98 children and 16
staff. The proposal will also result in the increase in on-site car parking from 19 to 32
spaces.
The proposed development is permissible under Local Environmental Plan 2012 (LEP
2012), Schedule 1 ‘Additional Permitted Uses’ which allows a child care centre at 160-
162 Excelsior Avenue, Castle Hill.
The proposal has been assessed against the relevant provisions of Development Control
Plan Part B Section 6 Business Appendix E Child Care Centres, Part B Section 2
Residential and Part B Section 3 Landscaping. Variations to setbacks, landscaping, site
coverage, indoor areas and external play areas have been identified. The variations are
considered to be satisfactory given the use of the existing structure and the limited front
setback available for parking provision.
The Development Application was notified to adjoining property owners for a period of
14 days. In response, two submissions were received raising concerns with respect to
parking, traffic, waste management, bulk and scale, character and amenity impacts. The
proposal provides satisfactory parking and waste management arrangements. The use of
the existing dwelling will result in a streetscape outcome which is in keeping with the
existing character. The proposed traffic generation is considered satisfactory, with the
extension of the median on Excelsior Avenue required to restrict right hand turn
movements from the site.
The proposal is considered satisfactory and approval is recommended.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 5
BACKGROUND MANDATORY REQUIREMENTS
Applicant: Keen Kiddies Early
Learning Centre
1. LEP 2012 – Permissible with consent
under Schedule 1 ‘Additional
Permitted Uses’
Owner: B & Y Draybi Pty
Ltd
2. DCP Part B Section 6 Business
Appendix E Child Care Centres -
Variations proposed, see report.
Zoning: R2 Low Density
Residential
3. DCP Part B Section 2 Residential -
Variations proposed, see report.
Area: 2,207m2 4. DCP Part B Section 3 Landscaping -
Variations proposed, see report.
Existing Development: Existing Child Care
Centre and Two
Storey Dwelling
5. Section 79C (EP&A Act) –
Satisfactory.
6. Section 94 Contribution – Not
Applicable.
SUBMISSIONS REASONS FOR REFERRAL TO DAU
1. Notice Adj Owners: Yes, 14 days 1. Submissions received.
2. Number Advised: 56 property
owners
2. Variations to the DCP
3. Submissions
Received:
Two submissions
received.
POLITICAL DONATION – None disclosed.
HISTORY
15/08/2006
Development Application No. 1176/2006/HA approved by an
Ordinary Meeting of Council for a Child Care Centre at No. 162
Excelsior Avenue Castle Hill. The Child Care Centre was
approved for 54 places.
15/07/2008
Section 96(1A) Application No. 1176/2006/HA/A approved by
Council’s Development Assessment Unit for modifications to the
internal layout, number of children, staff numbers and parking.
07/08/2008 Section 96(1) Application No. 1176/2006/HA/B approved under
Delegated Authority for modifications to the number of children
permitted in the 3-5 year age group.
10/08/2009
Section 96(1A) Application No. 1176/2006/HA/C approved
under Delegated Authority for modifications to the access point
of the outdoor play area.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 6
05/10/2012
The Hills Local Environmental Plan (LEP) 2012 was notified on
the NSW Government legislation website and came into force.
LEP 2012 prohibits child care centres in the R2 Low Density
Residential zone which resulted in the existing child care centre
operating under existing use rights.
15/08/2014 Planning Proposal (3/2015/PLP) was lodged to amend Schedule
1 ‘Additional Permitted Uses’ of the LEP to permit a child care
centre at 160-162 Excelsior Avenue, Castle Hill.
17/07/2015
Amendment No. 26 to the Hills Local Environmental Plan 2012
(LEP) was notified on the NSW legislation website and amends
Schedule 1 ‘Additional Permitted Uses’ of the LEP to permit a
child care centre at 160-162 Excelsior Avenue, Castle Hill.
The gazetted amendment contained a drafting error. The
drafting error was in relation to the text in Schedule 1 not
referencing the relevant Additional Permitted Uses Map. As a
result, a further amendment to the LEP was required.
11/08/2015
Subject Development Application lodged.
23/09/2015
Letter sent to the applicant requesting additional information
relating to DCP compliance, bulk and scale, acoustics,
engineering and waste management matters.
27/10/2015 Amended stormwater plan submitted.
02/11/2015
Meeting held with the applicant to discuss outstanding
information.
18/11/2015
Additional information submitted including amended
architectural plans, landscape plan, schedule of materials and
stormwater management plan. Additional documentation
included justification to development controls and
supplementary acoustic statement.
01/12/2015
Letter sent to the applicant requesting a swept turning path
plan to demonstrate the ability of waste vehicles to service the
site.
08/12/2015 Swept turning path plan submitted.
29/01/2016
Amendment No. 34 to the Hills Local Environmental Plan 2012
(LEP) notified on the NSW legislation website and amended
Schedule 1 to reference the relevant Additional Permitted Uses
Map. This amendment corrected the error contained within the
original LEP amendment.
22/02/2016
Further fence details requested.
24/02/2016 Fence details submitted.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 7
SITE AND SURROUNDS
The subject site has a frontage of approximately 50 metres to Excelsior Avenue and a
secondary frontage of approximately 43 metres to Old Northern Road. The site has a
total area of 2,207m2. The site slopes from the east to the west with a cross fall of
approximately 6 to 7 metres.
The subject site is surrounded by established single dwellings immediately adjoining the
site to the south and west. To the north of the site and on the opposite side of Excelsior
Avenue is an established community title development containing 51 dwellings approved
under DA 349/2006/HB. To the east of the site and on the opposite side of Old Northern
Road is a mix of low and medium density residential development.
PROPOSAL
The proposal is for alterations and additions to an existing child care centre operating as
Keen Kiddies. The existing child care centre currently occupies Lot 2 DP 562533 known
as 162 Excelsior Avenue, Castle Hill. The proposed addition will extend the current child
care centre into the adjoining property of Lot 1 DP 562533 known as 160 Excelsior
Avenue, Castle Hill. The proposal will involve the conversion of the existing dwelling in
order to increase the child care centre by an additional 44 children and 8 staff. The
proposal will also result in the increase in on-site car parking from 19 to 32 spaces.
When combined with the existing use, the child care centre will accommodate 98
children and employ 16 staff as detailed in the table below:
Age Group Proposed
0-2 years 23
2-3 years 25
3-5 years 50
Total 98
The proposal will involve alterations and additions to the existing dwelling to facilitate
the expansion of the child care centre. Internal works to the existing dwelling will include
the reconfiguration of the ground and first floor to accommodate three internal activity
rooms, a kitchen, toilets, cot rooms and storage rooms. A two storey addition to the rear
of the dwelling will accommodate a ground and first floor external play area. The first
floor external play area to the rear of the building will be screened by a 1.2 metre high
Hebel block wall.
The proposal also involves alterations and additions to the existing child care centre
building which involves the inclusion of an administration/meeting area within the
existing roof space and the minor reconfiguration of the internal floor layout.
A two storey addition is proposed to connect the existing child care centre with the
existing dwelling. The proposed addition will provide pedestrian access between both
buildings and will include a lift core and stairwell. The addition will predominately
comprise of a glazed façade with the stair well finished in a beige colour cement render.
Given the connectivity between both buildings and works proposed over the common
boundary, a condition of consent requiring the consolidation of both allotments is
recommended.
The proposal will include the provision of an extension to the existing at-grade car park
within the front setback and will accommodate an additional 13 car parking spaces. To
facilitate the safe movement of vehicles into and out of the site, the existing driveway
will be widened to 7 metres.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 8
An external play area is proposed to the rear of the proposed child care centre and will
comprise of synthetic soft fall area. The external play area will be screened by an
acoustic boundary fence 1.8 metres high with a 45 degree canopy structure fitted on top
of the fence. The canopy structure will increase the height of the fence and will range in
height from 2.2 metres along the western boundary and 2.5 metres along the rear
boundary. The fence will be constructed of aluminium framed posts with imperforate
timber. The canopy will be constructed of a clear PVC vinyl shade cloth.
The proposed child care centre will be finished in a mixture of grooved cement render
with glazing to be incorporated into the design of the facade. The colour scheme will
match the existing child care centre.
The proposal seeks to operate between 7:00am to 6:00pm Monday to Friday. It is noted
that the existing child care centre has consent to operate between 7:00am to 7:00pm
Monday to Friday.
ISSUES FOR CONSIDERATION
Statutory Consideration
1 The Hills Local Environmental Plan 2012
The subject site is zoned R2 Low Density Residential pursuant to The Hills Local
Environmental Plan 2012 (LEP). It is noted that ‘child care centres’ are prohibited in the
R2 Low Density Residential zone. In this regard, the proposal is permissible with consent
pursuant to Schedule 1 Subclause (3) ‘Additional Permitted Uses’ of the LEP as detailed
below:
3 Use of certain land at Excelsior Avenue, Castle Hill
(1) This clause applies to land at 160–162 Excelsior Avenue, Castle Hill, being
Lots 1 and 2, DP 562533, shown as “Item 5” on the Additional Permitted Uses
Map.
(2) Development for the purposes of a child care centre is permitted with
development consent.
An extract of the Additional Permitted Uses Map is shown in Attachment 4.
The proposed development is consistent with the definition of a ‘child care centre’ and is
permissible pursuant to Schedule 1 of the LEP.
The objectives of the R2 Low Density Residential zone are as follows:
• To provide for the housing needs of the community within a low density residential
environment.
• To enable other land uses that provides facilities or services to meet the day to day
needs of residents.
• To maintain the existing low density residential character of the area.
The proposed development is consistent with the zone objectives given that the use will
provide a service to meet the day to day needs of residents and will maintain the
existing low density residential character of the area.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 9
The proposed development is considered to be satisfactory with respect to the relevant
provisions of the LEP.
2 The Hills Development Control Plan 2012
The proposal has been assessed against the relevant provisions of DCP 2012 including
Part B Section 6 Business Appendix E Child Care Centres, Part B Section 2 Residential
and Part B Section 3 Landscaping.
2.1 DCP Part B Section 6 Business – Appendix E – Child Care Centres
The proposed development is generally consistent with the relevant controls and
objectives of the DCP with the exception of variations to setbacks, landscaping, indoor
areas and external play areas. The following table identifies the proposal’s non-
compliance with these controls:
DCP STANDARD REQUIRED PROPOSED
COMPLIANCE
Setbacks Setbacks for child care
centre car parking
areas are to be as
follows:
Residential Zones: Min
5.0m from the front
boundary.
The proposed car
park is set back
500mm to 800mm
from the front
boundary.
No, however
landscaping
within the front
setback is
considered to be
satisfactory.
The front setback
areas are to include
landscaping with a
minimum width of two
metres to screen
vehicles from view
from the street and
surrounding
properties.
The front setback
includes
landscaping with a
width ranging
between 500mm to
800mm.
The existing
building has a
setback of 1700mm
from the western
(side) boundary.
No, however
landscaping
within the front
setback is
considered to be
satisfactory.
Side boundary
setbacks to car
parking areas are to
be in accordance with
Part C Section 1-
Parking and the
relevant Sections of
the Development
Control Plan as
outlined above.
The DCP requires a
2 metre setback
between car
parking and
property
boundaries. The
setback to the
western boundary is
between 800mm to
4.8 metres.
No, however
landscaping
within the side
setback is
considered to be
satisfactory.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 10
Indoor Areas
Any child care centre
with a side boundary
setback of < 3.0m is
to include rooms at
this location which are
low noise generating
(i.e administration,
kitchen etc).
The indoor play
area will be located
within 3 metres of
the western
boundary on the
ground floor.
The cot room and
store room will be
located within 3
metres of the
western boundary
on the first floor.
No, however
measures are
proposed to
mitigate amenity
impacts to
adjoining
properties.
Two storey child care
centres are only
permitted to have
office / admin
components on the
upper level.
The proposed
expansion will
incorporate a first
floor area for an
indoor play area,
cot room and
change room.
No, however
measures are
proposed to
mitigate amenity
impacts to
adjoining
properties.
External Play Areas External play areas are
to be located at
ground level, with the
exception of in mixed-
use developments
Where external play
areas are not located
at ground level, the
application is required
to address child
safety, privacy, and
amenity impacts for
surrounding land users
as well as occupants of
the child care centre.
An external play
area is located on
the first floor.
No, however
measures are
proposed to
mitigate amenity
impacts to
adjoining
properties and to
improve child
safety.
Variations to the DCP have been identified and are addressed as follows:
a) Setbacks
i) Front Setback to Car Park
Section E2.4 of the DCP requires that a minimum front boundary setback of 5 metres be
provided to car parking areas. The proposed car park will provide a front boundary
setback ranging between 500mm to 800mm.
The applicant has provided the following justification:
No. 162 Excelsior Avenue maintains the existing car parking arrangement. Additional car
parking will be provided at the frontage of No. 160 Excelsior Avenue that will be within
5m from the front property boundary. However the proposed car parking area will
maintain a consistent setback with No. 162 Excelsior Avenue and strict compliance to
this control is unnecessary and will negatively impact the functionality of the car park.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 11
Comment:
The DCP contains the following objectives in relation to this control:
i) To ensure that setbacks are consistent with the locality and achieve
development that is complimentary to the streetscape.
ii) To provide sufficient separation between developments to maintain privacy,
health, safety, and amenity, and minimise overshadowing of adjoining
properties.
iii) To allow adequate space for vehicle manoeuvring.
iv) To ensure that adequate area is provided to permit high-quality landscape
planting for the development.
The front setback of No. 160 Excelsior Avenue will be used for at-grade car parking
consistent with the existing car park provided at No. 162 Excelsior Avenue. As a result,
the front setback will be comparable with the existing setback for parking and will vary
between 500mm to 800mm from the front boundary. The front setback will be
embellished with screen landscaping including Lilly Pillys with a mature height of 1.5
metres and Water box with a mature height of 7 metres.
The variation sought is considered to be acceptable given the precedent established with
the existing car park setback and the provision of suitable landscaping to adequately
screen the car park from Excelsior Avenue.
The proposed variation is considered satisfactory and can be supported.
ii) Landscaping within Front Setback and Side Boundaries
The DCP requires the front setback area to include landscaping with a minimum width of
two metres to screen vehicles from view from the street and surrounding properties.
Additionally, the Parking DCP requires landscaping with a minimum width of two metres
to side boundaries. The proposed setback to the car park and boundaries will provide
landscaping with a minimum 500-800mm to the front setback and to 800mm to 4.8
metres to the western (side) boundary.
The applicant has provided the following justification:
The revised proposal will provide a variant of Lilly Pilly along the Western boundary
which is capable of a mature height of 4m. In our opinion, this is considered to provide
an appropriate visual buffer between the car park and the adjoining property at No. 158
Excelsior Avenue. Also as discussed, the owner of the site has advised the occupants of
the neighbouring property at No. 158 Excelsior Avenue have not raised issues with the
proposed landscape setback at the frontage of the subject site. Accordingly, the
proposed landscaping at the frontage of the site is considered appropriate.
No. 162 Excelsior Avenue maintains the existing car parking arrangement. Additional car
parking will be provided at the frontage of No. 160 Excelsior Avenue that will be within
5m from the front property boundary. However the proposed car parking area will
maintain a consistent setback with No. 162 Excelsior Avenue and strict compliance to
this control is unnecessary and will negatively impact the functionality of the car park.
Landscaping is provided along the frontage of the site to screen the car parking area.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 12
Comment:
The front setback of No. 160 Excelsior Avenue will be used for at-grade car parking. The
front setback will be comparable with the existing parking and will vary between 500mm
to 800mm from the front boundary. The front setback will provide a landscaping width
ranging between 500mm to 800mm which will be embellished with screen landscaping
including Lilly Pillys with a mature height of 1.5 metres and Water box plants with a
mature height of 7 metres.
The western (side) boundary will comprise of a landscaping width ranging between
800mm to 4.8 metres. The western side boundary will be embellished with screen
landscaping including a Lilly Pilly variant capable of a mature height of 4 metres.
Furthermore it is noted that the closest car parking space immediately adjacent to the
western boundary is set back at least 3.2 metres. The existing building has a setback of
1700mm to the western (side) boundary.
The variation sought is considered to be acceptable given the requirement to provide
compliant parking provision and the inclusion of suitable landscaping within the front and
side boundary setback which will assist in screening the car park from the adjoining
property to the west.
b) Indoor Areas
Section E2.5 of the DCP requires that a child care centre with a side boundary setback of
less than 3 metres is to include rooms at this location which are low noise generating.
Additionally the DCP restricts the upper level of two storey child care centres to contain
only office / administration components. The proposed development will include an
indoor play area within 3 metres of the side boundary in addition to an indoor play area,
cot room and change room on the existing first floor. The setback of the existing
dwelling to the western boundary ranges between 1.7 metres to 3.2 metres.
The applicant has provided the following justification:
A portion of the existing ground level at No. 160 Excelsior Avenue is located within 3m of
the eastern side boundary. The ground floor provides for an activity room for children
between the ages of 3-5 years. However noise generating activities will be restricted to
the outdoor play areas at certain times of the day and in our opinion the proposal is
appropriate in this circumstance.
The eastern portion of the first floor level comprises storage and a cot room and is not
likely to have any noise impact on the neighbouring property.
Control E.2.5 of the child care centre controls under Council’s DCP outlines that only the
office/administrative components of the child care centre are permitted to be located on
the upper levels of the child care centre. The proposed alterations and additions to No.
160 Excelsior Avenue will provide an activity room and cot room on the first floor level of
the existing building.
In our opinion, the proposal will provide a child friendly environment by maximising staff
supervision through the removal of various internal partition walls and the provision of
internal windows to enclosed rooms. The proposal will remove the existing internal
staircase and provide a two storey addition, comprising an internal walkway, stairs and
lift that will provide safe pedestrian access to the ground and first floor levels of the
buildings. Furthermore, the existing building at No. 162 Excelsior Street contains three
activity rooms and a cot room at the first floor level that has been safely operating for a
number of years.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 13
Accordingly in our opinion, the provision of child care rooms at the first floor level is
considered appropriate in this circumstance.
It is noted that the applicant’s reference to the ‘eastern boundary’ is incorrect as the
interface is to the western boundary.
Comment:
The DCP contains the following objectives in relation to this control:
(i) To maximise the area available for indoor play areas associated with child
care centres.
(ii) To ensure that play areas are clearly defined and safe, and that the design of
the development caters for the needs of all users.
(iii) To ensure that the internal design and layout of the child care centre
minimises impacts on the visual and acoustic privacy, and amenity of
adjoining land uses.
The setback of the existing dwelling to the western boundary ranges between 1.7 metres
to 3.2 metres. The proposed rear addition will result in a setback of 3.7 metres to the
western boundary which is in excess of 3 metres and will therefore comply with the
setback requirement. The existing ground floor elevation does not contain any window or
door openings immediately adjacent to the western boundary. The western side
boundary is also proposed to be embellished with a variant of Lilly Pilly capable of a
mature height of 4 metres in addition to an acoustic fence with a height of 2.2 metres.
Furthermore, the existing dwelling is separated a minimum distance of 5 metres from
the adjoining dwelling at No. 158 Excelsior Avenue. With respect to the first floor, the
rooms within 3 metres of the western boundary include a cot room and store room which
are considered to be low noise generating.
The second component of the control requires that the first floor of a child care centre
contain office / administration areas only. The first floor will contain a cot room, store
room, indoor play area and an external play area. The indoor and external play areas are
set back a minimum distance of 5 metres from the western boundary and are buffered
by the store room and cot room. The applicant has indicated that a variation should be
supported on the premise that the use of the first floor areas will provide a child friendly
environment and that the existing child care centre has been operating safely with
indoor play areas on the first floor. With respect to the suitability of the external play
area on the first floor, further discussion is detailed in Section 2.1(c) of this report.
The principle objective of the control relating to indoor areas is to minimise the acoustic
impact upon neighbouring residential properties. The application was accompanied by an
Acoustic Report prepared by Acoustic Logic which established that the predicted noise
levels of the indoor play areas will be acceptable with regard to the established noise
emission objectives. The report concludes that the noise impacts to nearby residential
properties will be satisfactory subject to the imposition of acoustic treatments. Measures
recommended within the report include glazing/doors to have minimum 4mm thick glass
with acoustic seals around the perimeter to minimise noise emissions from indoor areas.
In this regard, the proximity of the indoor play areas to the boundary and the use of the
first floor for non office /administration purposes are considered to be satisfactory in this
instance. Measures will be incorporated into the design as recommended by the acoustic
report to mitigate the potential impact from noise sources. Furthermore, it is noted that
no records of noise complaints have been received by Council with respect to the
existing child care centre which contains first floor indoor play areas.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 14
c) External Play Areas
The DCP requires external play areas to be provided at ground level. The DCP also states
that where external play areas are not located at ground level, the application is required
to address child safety, privacy and amenity impacts for surrounding land uses. The
proposed child care centre will involve a rear addition to the existing dwelling to include
an external play area on the first floor.
The applicant has provided the following justification:
Control E.2.6 of the child care centre controls under Council’s DCP outlines that external
play areas are to be located at ground level. However, where external play areas are not
located at ground level, the application is required to address child safety, privacy, and
amenity impacts for surrounding land users as well as occupants of the child care centre.
The proposal will provide an outdoor play area at the first floor level of the existing
building at No. 160 Excelsior Avenue. The play area will provide child safety measure
through the provision of 1.2m high fencing and windows from internal rooms to ensure
constant supervision of children.
The outdoor play area overlooks the rear of the subject site and a store room is located
at the eastern extent of the play area which restricts overlooking to the neighbouring
property at No. 158 Excelsior Avenue. Furthermore, the play area will only be used
during designated hours. Therefore the proposal is not likely to result in unacceptable
noise impacts on surrounding land users and occupants of the child care centre
throughout the day.
Accordingly in our opinion, the proposed external play area at the first floor level is
acceptable in this circumstance.
Comment:
The DCP contains the following objectives in relation to this control:
i) To ensure that sufficient shade is provided to outdoor areas to protect
children’s health from the effects of the sun.
ii) To ensure that external play areas are located and designed to minimise
potential noise and privacy impacts on any adjoining properties.
iii) To ensure that external play areas are an adequate size, are useable, and
located to provide a safe environment for children.
The proposed external play area will comprise an area of 84m2 and will accommodate 12
children in the 0-2 year age group. The external play area is set back approximately 5
metres from the side boundary and 8.5 metres from the rear boundary. The external
play area will be screened with a 1.2 metre high wall around the perimeter which will be
constructed of hebel blocks. The design of the wall has been informed by the Acoustic
Report prepared by Acoustic Logic and will act as an acoustic barrier to minimise noise
generated within the external play area. Additionally, the acoustic report also
recommends that the underside of the roof above the external play area be constructed
of an absorptive material with a Noise Reduction Coefficient (NRC) of not less than 0.5.
Furthermore, predicted noise levels of the external play area have been investigated as
part of the acoustic assessment which concludes that the noise emission from the
external play area will be acceptable with regard to the established noise emission
objectives.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 15
In relation to the privacy of immediately adjoining neighbours to the rear of the site, a
privacy screen along the rear elevation will be recommended as a condition of consent to
minimise the potential for overlooking. In this regard, a 400mm privacy screen will be
required to be constructed on top of the block wall to ensure that the external play area
is screened to a height of 1.6 metres (See Condition 1).
In relation to the privacy of the immediately adjoining neighbour to the west, the
proposed store room will shield the external play area restricting any sightlines to the
adjoining property.
With respect to child safety, the wall will enclose the external play area to a height of 1.2
metres with a 400mm privacy screen on top which exceeds the minimum balustrade
requirements of the Building Code of Australia. Additionally, a condition of consent will
be recommended to ensure that no equipment is stored immediately adjacent to the
balustrade which could act as a ladder. The area has also been designed to promote the
surveillance of the external play area for constant supervision.
In this regard, the variation sought is considered to be acceptable given that the
external play area will not result in adverse impacts upon the amenity of surrounding
residential properties.
2.2 DCP Part B Section 2 – Residential
The proposal has been assessed against the relevant provisions of DCP Part B Section 2
– Residential. The proposed development is generally consistent with the relevant
controls and objectives of the DCP with the exception of landscaping. The following table
identifies the proposal’s non-compliance with the control:
DCP STANDARD REQUIRED PROPOSED COMPLIANCE
Site Coverage The maximum site
coverage permitted in the
R2 Low Density
Residential zone is 60%
1422m2 of site
coverage
representing 65%
of the site area.
No, however
landscaping
within the site
is satisfactory.
Landscaping A minimum 40%
landscaped area is
required
Note: Landscaped area
does not include any
paved or built upon area
such as driveways, tennis
courts, patios/decks,
outbuildings or pools.
785m2 provided
which equates to
35% of the site
area.
No, however
landscaping
within the site
is satisfactory.
Variations to the DCP have been identified and are addressed as follows:
a) Site Coverage
The DCP permits a maximum site coverage of 60% be provided for residential zones.
Whilst this control is mainly associated with residential development, the proposed
control is considered to be applicable given the residential context of the site. The
proposed development will provide a site coverage of 65% which exceeds the maximum
by 5%.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 16
The applicant has provided their own site coverage calculation and has stipulated the
following:
Council’s DCP permits a maximum site coverage of 60% for the subject site. The
proposal will have total site coverage of 498m2. Based on the site area of 2,216m2, the
proposal will have site coverage of 22% which is approximately one third of the
permitted coverage and complies with the DCP control.
Comment:
The DCP contains the following objectives in relation to this control:
i) To maximise the provision of open space.
ii) To avoid the creation of drainage and runoff problems, through minimising the
amount of impervious area in accordance with Council’s ESD Objective 3.
iii) To minimise bulk and scale of development.
iv) To facilitate spatial separation between buildings.
v) To provide for adequate landscaped area.
vi) Maintain the character of existing areas by retaining vegetation.
The applicant’s calculation of site coverage is based upon the LEP definition of site
coverage which limits the calculation to the footprint of buildings. The LEP definition is
provided below:
site coverage means the proportion of a site area covered by buildings. However, the
following are not included for the purpose of calculating site coverage:
(a) any basement,
(b) any part of an awning that is outside the outer walls of a building and that
adjoins the street frontage or other site boundary,
(c) any eaves,
(d) unenclosed balconies, decks, pergolas and the like.
Whilst the LEP definition is applicable to the proposed development, the LEP does not
specify a site coverage control. The DCP provision for site coverage is applicable which
defines site coverage as follows:
Site Coverage
Refer to the definition in The Hills LEP 2012 Dictionary.
NOTE: Site coverage calculations include all paved or built-upon areas (including
garage/carport, driveways, outbuildings, patios, decks, tennis courts and pools).
The DCP definition includes external areas including driveways and paved areas. In this
regard, the site coverage calculation based on the DCP equates to 1422m2 representing
65% of the site area.
The non-compliant site coverage is mainly associated with the existing and proposed at-
grade car park. The proposal will provide for a predominately landscaped rear setback
with landscaping embellished along the edges of the proposed car park and property
boundaries. The proposed landscaping scheme will provide suitable landscape screening
that will assist in protecting the visual privacy of adjoining properties and will assist in
screening the car park from the streetscape.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 17
With respect to stormwater management and the permeability of the site, the proposed
development will be serviced by an on-site detention tank which will temporarily store
stormwater on the site with discharge to be controlled to the existing kerb and gutter.
The variation in this instance is considered to be acceptable.
b) Landscaping Area
The DCP requires that a minimum 40% landscaped area be provided for residential
zones. Whilst this control is mainly associated with residential development, the
proposed control is considered to be applicable given the residential context of the site.
The proposed development will provide a landscape area which equates to 35% of the
site area.
The applicant has provided the following justification:
In our opinion, the non-compliance with Council’s DCP control is minor and the non-
compliance is a result of providing compliant car parking for a child care centre rather
than a residential dwelling within the frontage of the site. Notwithstanding, the proposal
will retain the existing trees on site. The proposal will enhance the site’s landscape
setting by planting new trees and shrubs along the side and rear boundaries. In
particular, the proposal will provide a variant of Lilly Pilly along the Western boundary
which is capable of a mature height of 4m (see Attachment D). This will assist in
maintaining visual privacy to neighbouring properties. Furthermore, the proposed
landscaping area is considered sufficient for the use and enjoyment of children at the
child care centre.
Comment:
The DCP contains the following objectives in relation to this control:
i) To enhance the quality of the built environment by providing a high standard of
landscaping.
ii) To ensure that landscaping may be efficiently maintained.
iii) To promote a pleasant and safe living environment.
iv) To limit tree removal to maintain the character of the area.
v) To design a high quality landscape setting for urban housing development.
vi) To fully integrate the landscape design in communal, private and public areas as
a necessary element in any well designed residential project.
vii) To preserve and enhance existing landscape features.
viii) To encourage existing vegetation to be included wherever possible into site
landscaping.
ix) To provide adequate open space areas for the enjoyment and use by residents.
x) To enhance the quality of the built environment by providing opportunities for
landscaping.
xi) To provide an open space area within the development for the recreation of
residents and children’s play.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 18
The proposal will provide for a predominately landscaped rear setback with landscaping
embellished along the edges of the proposed car park and property boundaries. The
proposed landscaping scheme will provide suitable landscape screening that will assist in
protecting the visual privacy of adjoining properties. The proposed development does not
involve any tree removal and it is noted that three significant trees within the rear
setback are being retained. Furthermore, the provision of at-grade car parking impacts
upon the ability to provide the required landscaping area. The alternative to provide
basement car parking is considered to be unreasonable given that it would require the
existing dwelling to be demolished and would result in a built form outcome that is likely
to be inconsistent with the low density residential character of the area.
In this regard, the variation sought is considered to be a relatively minor departure to
the control and is considered to be acceptable.
2.3 DCP Part C Section 3 – Landscaping
The proposal has been assessed against the relevant provisions of DCP 2012 Part C
Section 3 – Landscaping. The proposed development is generally consistent with the
relevant controls and objectives of the DCP with the exception of landscaping setbacks.
DCP STANDARD REQUIRED PROPOSED
COMPLIANCE
Landscaping
Parking areas are to have
2m wide landscaping
strips at a rate of 1 for
every 10 car parking
spaces and between
parking aisles.
Landscape strips
not provided per 10
car parking spaces.
No, however
landscaping
within the car
park area is
satisfactory.
The variation to the DCP has been identified and is addressed as follows:
a) Landscaping
The DCP requires that parking areas be provided with 2 metre wide landscaping strips at
a rate of 1 for every 10 car parking spaces. The proposed development involves the
expansion of the existing car park to include an additional 13 car parking spaces. When
combined with the existing car park, the row of parking adjacent to the building exceeds
10 car parking spaces without a 2 metre wide landscape strip. It is noted that the
proposed car park in isolation would not require the provision of 2 metre wide
landscaping strip given that the proposed car park will not result in a row of more than
10 car parking spaces.
Comment:
The variation in this regard is predominately the result of the existing car park.
Nevertheless, minor landscaping extending perpendicular to the frontage of the building
will screen the proposed stair well and will assist in breaking up the appearance of the
car parking. Additionally, landscaping is proposed adjacent to the main vehicle entry/exit
point and along the front boundary. The proposed variation will not adversely impact
upon the streetscape presentation of the development given the landscaping proposed
within the front setback area.
In this regard, the variation sought is considered to be a relatively minor departure to
the control and is considered to be acceptable.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 19
3. Issues Raised in Submissions
The Development Application was notified to adjoining properties for a period of 14 days.
In response, two submissions were received. The issues raised within these submissions
are addressed below:-
ISSUE/OBJECTION COMMENT OUTCOME
Concern is raised in
relation to the waste
management of the site
and the ability of waste
vehicles to appropriately
service the site given the
current alignment of the
crossing and median strip
on Excelsior Avenue.
The proposed development will result
in the modification of the proposed
waste management scheme for the
site. The proposal involves the
relocation of the waste storage area
adjacent to the western boundary.
The applicant was requested to
submit swept turning paths to
demonstrate that an 8.8 metre
Medium Rigid Vehicle (MRV) is
capable of collecting waste from the
site in a left in/left out arrangement
to Excelsior Avenue.
The swept turning paths demonstrate
that an 8.8 metre MRV can enter the
site in a forward direction and reverse
to the nominated waste storage area.
Additionally, the swept turning path
plan demonstrates that an 8.8 metre
MRV can exit the site in a forward
direction. It is noted that the swept
turning paths are reliant upon
additional works to widen the existing
driveway and crossing as shown on
the submitted plans.
It is also noted that the exit of waste
vehicles will require the existing
median strip on Excelsior Avenue to
be partly mounted. This manoeuvre is
considered to be reasonable and
satisfactory from a traffic safety
perspective given the infrequent
movement of waste vehicles.
The proposed waste management of
the site is considered to improve the
current on-site waste management
arrangement as it facilitates the
entry/exit of waste vehicles in a
forward direction.
Council’s Development Engineer has
reviewed the swept turning paths and
is satisfied that waste vehicles can
appropriately collect waste on-site
without adversely impacting upon
traffic flow on Excelsior Avenue.
Issue addressed.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 20
ISSUE/OBJECTION COMMENT OUTCOME
Additionally, Council’s Resource
Recovery Officer has raised no
objections to the proposed waste
management of the site subject to
conditions of consent.
Concern is raised that
access to the site for traffic
heading in a westerly
direction for multiple
and/or larger vehicles is
severely impeded due to
the left hand angle of the
driveway at the
intersection with the road.
The existing vehicular crossing
accommodates left in/left out vehicle
movements into the site. The existing
splay of the crossing is adequate for
westbound vehicles to enter the site
from Excelsior Avenue. A central
median is currently in place on
Excelsior Avenue at the front of the
site. The median will be required to be
extended to restrict U-turn
movements.
Council’s Principal Traffic Coordinator
has reviewed the access arrangement
and has raised no objections.
Condition
imposed - see
Condition No 17.
Concern is raised that for
vehicles heading in an
easterly direction, peak
morning traffic that builds
up at the traffic lights at
the intersection of
Excelsior Avenue and Old
Northern Road will be
further negatively
impacted by parents or
carers attempting to turn
right into the existing
driveway. In the morning
peak period, this traffic
heading east is often
queued for up to 200
metres.
The existing median strip at the
centre of Excelsior Avenue and
fronting the site was designed to
preclude right hand turn movements
both into and out of the site.
The proposed development will not
modify the current arrangement for
vehicular access from Excelsior
Avenue which will be restricted to left
in/left out movements. However,
Council’s Principal Traffic Coordinator
has recommended that the median
strip be extended a further 7 metres
to the west to deter U-turn
movements around the end of the
median strip.
Condition
imposed - see
Condition No. 17.
Concern is raised that the
concrete barrier in the
centre of Excelsior Avenue
will need to be extended
past the proposed child
care centre to restrict
vehicles turning right into
and out of the site.
Council’s Principal Traffic Coordinator
has recommended that the median
strip be extended a further 7 metres
to the west to deter U-turn
movements around the end of the
median strip.
Condition
imposed - see
Condition No. 17.
Concern is raised that all
vehicles are required to
exit left onto Excelsior
Avenue and in order to
return to Old Northern
Vehicles exiting the child care centre
will have the ability to travel in an
easterly direction to Old Northern
Road by first travelling in a westerly
direction and performing a U-turn at
Issue addressed.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 21
ISSUE/OBJECTION COMMENT OUTCOME
Road, vehicles will turn
right into San Giorgio
Circuit which is a private
road that services Castel
Estate.
the existing roundabout at the
intersection of Roxborough Park Road.
This manoeuvre is considered to be
reasonable from a traffic perspective
given that the roundabout is located
within close proximity to the site
which is in the order of approximately
350 metres.
With respect to unauthorised vehicles
turning right into Castel Estate,
Council does not have any control
over the actions of motorists should
they enter the estate given that it is a
private road. It is noted that the
existing double lines at the centre of
Excelsior Avenue and the existing
signage within the estate (which
advises motorists that the estate is
restricted to residents only), are
considered to be satisfactory
measures in deterring unauthorised
motorists to enter the estate.
Concern is raised that
parents and carers enter
Castel Estate, park their
cars illegally (potentially
causing danger to
residents) and depending
on the time of day either
take the child to, or collect
their child from, the
existing child care centre.
The proposed development will
provide a total of 32 car parking
spaces which satisfies the
requirements of the DCP. Additionally,
the site has suitable access via an
existing driveway which facilitates left
in/left out movements to Excelsior
Avenue.
With respect to parking in Castel
Estate, Council does not have any
control over the actions of a motorists
should they park without
authorisation within a private estate.
Issue addressed.
Concern is raised in
relation to the adequacy of
the existing and proposed
car parking provision for
the child care centre.
The DCP stipulates that child care
centres are to provide car parking at a
rate of 1 space per 6 children and 1
space per employee.
The proposed child care centre will
accommodate 98 children and 16
staff.
In this regard, the proposed child care
centre is required to provide 32 car
parking spaces in accordance with the
DCP. The child care centre will provide
32 car parking spaces and accordingly
complies with the DCP.
Condition
imposed - see
Condition No. 18.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 22
ISSUE/OBJECTION COMMENT OUTCOME
The Traffic Report
stipulates kerbside parking
is available on Excelsior
Avenue which is not the
case.
The Traffic Report indicates that street
parking is generally permitted on
Excelsior Avenue. It is acknowledged
that this is not the case for the
section of Excelsior Avenue
immediately fronting the site.
The reliance on street parking in this
regard is not necessary given that the
proposed development complies with
the required parking provision.
Issue addressed.
The Traffic Report does not
take into account the
cumulative impact of the
proposed development on
the road network. The RMS
traffic generation rates are
applied to the proposed
development only and not
to the existing child care
centre.
The traffic report applies the traffic
generation rate of the RMS Guidelines
for child care centres. Accordingly, the
traffic report stipulates that the
proposed development will generate
35 vehicle trips per hour during
commuter peak periods and
determines that the proposal will not
have any traffic implications on the
capacity of the local road network.
With respect to the cumulative
impact, the traffic generation of the
existing child care centre was
previously deemed to be acceptable
pursuant to DA1176/2006/HA.
Council’s Principal Traffic Coordinator
has also reviewed the proposed traffic
generation and considered the
potential implications on the local
traffic network. Based on the RMS
guidelines rates, the proposal is
expected to generate an additional 35
peak hour trips (existing 43 trips)
which will result in a total of 78 trips.
Based on the peak hour trips, the
proposed development will not have
adverse impact upon the local traffic
network.
Accordingly no objections have been
raised by Council’s Principal Traffic
Coordinator to the proposal with
respect to traffic generation.
Issue addressed.
The Traffic Report
attempts to ratify 32 car
spaces by reference to the
DCP. However applying the
RMS guidelines would
require 1 space for every 4
children and 1 space per
The RMS guidelines require 1 space
per 4 children. This would result in the
child care centre requiring 25 car
parking spaces. It is noted that the
RMS guidelines do not specify a
parking rate for employees of a child
care centre.
Issue addressed.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 23
ISSUE/OBJECTION COMMENT OUTCOME
staff member. On this
basis, the 32 proposed
spaces would be deficient
given that 41 spaces are
required.
In this instance, the DCP requirement
for parking exceeds the RMS
guidelines by seven car park spaces.
The Traffic Report
references the average
duration stay of 6.8
minutes as specified by the
RMS guidelines and
indicates that based on the
assumed occupation of
parking, 16 of the 32
proposed car spaces will
be used by staff with the
remaining 16 spaces
facilitating up to 141
parents per hour.
That is a lot of potential
traffic heading west, when
possibly 50% of that traffic
wants to head east and it
will have an unacceptable
implication on traffic in the
immediate vicinity
including Castel Estate.
The traffic report adopts the RMS
guideline rate for the average
duration of stay on-site by parents
which is 6.8 minutes. The report
assumes that 16 of the proposed 32
car parking spaces are occupied by
staff and that the remaining 16
parking spaces have the capacity to
accommodate 141 parents’ vehicles
per hour.
The concern raised is in relation to the
maximum capacity figure of 141
parent vehicles per hour and the
impact on local traffic including Castel
Estate.
It is noted that the figure
demonstrates the capacity of the
parking provision and is not an
accurate reflection of the number of
vehicles per hour generated by the
proposed development.
The figure is simply a method of
demonstrating that the parking
provision of 16 car park spaces for
parents will be sufficient in
accommodating up to 141 parents
vehicles per hour, noting that the
proposed addition to the child care
centre accommodates a maximum of
98 children and will generate up to 78
peak hour trips when considered in
conjunction with the existing child
care centre.
Issue addressed.
Concern is raised in
relation to the speed of
vehicles approaching the
child care centre on
Excelsior Avenue and the
impact of vehicles
entering/exiting the site.
The proposed development will
maintain the access arrangement to
Excelsior Avenue which is in the form
of left in/left out movements.
Improvements are proposed to widen
the existing driveway to facilitate the
safe manoeuvre of vehicles to
enter/exit the site without impeding
about westbound motorists.
Issue addressed.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 24
ISSUE/OBJECTION COMMENT OUTCOME
Additionally, Council’s Principal Traffic
Coordinator and Council’s
Development Engineer have reviewed
the movement of vehicles into and out
of the site from Excelsior Avenue and
have raised no objections with regard
to the approach for motorists heading
in a westerly direction from Old
Northern Road in regard to traffic
safety.
Question of the change in
zoning and whether it was
the correct procedure for
Council to have driven the
amendment and invite the
applicant to lodge a
Development Application.
The Planning Proposal to permit a
Child Care Centre at No. 160-162
Excelsior Avenue Castle Hill was not
initiated by Council. The Planning
Proposal was initiated by the
proprietor of the existing child care
centre and was lodged on 14 October
2014.
In this instance, the Planning Proposal
considered an amendment to
Schedule 1 ‘Additional Permitted Use’
Local Environmental Plan 2012 to
permit a child care centre at 160-162
Excelsior Avenue, Castle Hill.
The planning proposal examined the
strategic context in addition to the
acoustic impacts, privacy, traffic,
access, parking and environmental
impacts on the existing residential
character of the area.
On 17 July 2015, Amendment No. 26
to the Hills Local Environmental Plan
2012 (LEP) was notified on the NSW
legislation website and amends
Schedule 1 ‘Additional Permitted Uses’
of the LEP to permit a child care
centre at 160-162 Excelsior Avenue,
Castle Hill.
Issued
addressed.
Concern is raised that the
documentation submitted
with the Development
Application contains
inconsistencies including
reference to an existing
child care centre on Old
South Head Road.
The Statement of Environmental
Effects submitted with the
Development Application does
incorrectly reference the road
location. Whilst the error is
acknowledged, the error does not
have a bearing on the assessment of
the application having regard to the
provisions of Section 79C of the
Environmental Planning and
Assessment Act, 1979.
Issue addressed.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 25
ISSUE/OBJECTION COMMENT OUTCOME
Concern is raised with
regard to the Statement of
Environmental Effects not
providing sufficient detail
on the environmental
impacts upon the
neighbouring development
to the north known as
Castel Estate. Additionally,
the traffic generation of
the estate has not been
considered as part of the
application.
The Statement of Environmental
Effects submitted with the
Development Application references
Castel Estate and has considered the
potential environmental impacts of
the proposed development on
adjoining residential properties with
regard to traffic and amenity impacts.
The proposed development will not
adversely affect the residential
amenity of immediately adjoining
residential properties. The proposed
development will include measures to
appropriately mitigate privacy and
acoustic impacts.
With respect to traffic, Council’s
Principal Traffic Coordinator has
reviewed the proposed traffic
generation in the context of the
existing road network and its capacity
which includes traffic generated by
Castel Estate. Based on the RMS
guidelines for peak hour trips, the
proposed development will not have
adversely impact upon the local traffic
network which includes the
intersection to Old Northern Road and
Excelsior Avenue.
Issue addressed.
Concern is raised that the
Statement of
Environmental Effects
states that the subject site
is 'in close proximity to the
North West Rail Link
Corridor'. This is incorrect,
as the rail is located a 20
minute walk away for a
parent with either a pre
school age child or a child
in a stroller.
The site is located approximately 1.5
kilometres from the proposed Castle
Hill Rail Station. A bus service on Old
Northern Road will link the site to the
rail station.
The assessment of the proposed
development and the suitability of the
site is not predicated on the
availability of public transport. This is
due to the site providing sufficient car
parking in accordance with Council’s
Development Control Plan.
Issue addressed.
Council should not
consider the significant
change of use proposed for
up to 145 vehicle
movements an hour for up
to four hours a day, when
every vehicle can only
enter the site in a westerly
direction and via a sharp
left hand driveway.
The documentation submitted with
the application does not appear to
make reference to the 145 vehicle
movements an hour as asserted in the
submission. Rather, the traffic report
assumes that the 16 car park spaces
set aside for parents of the child care
centre is capable of supporting 141
vehicles per hour which is based on
the RMS average on-site stay duration
of 6.8 minutes for child care centres.
Issue addressed.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 26
ISSUE/OBJECTION COMMENT OUTCOME
Concern is raised that the
proposed development will
comprise a gross floor area
of 699.8m2 which
represents 85.1% of the
area of 160 Excelsior
Avenue which comprises a
site area of 822m2. The
floor coverage appears to
be consistent with Council
requirements.
The DCP specifies a maximum of 60%
site coverage however this provision
relates to coverage of all hardstand
areas on site including buildings and
does not explicitly restrict gross floor
area.
As outlined in Section 2.2, the site
coverage has been reviewed and is
satisfactory.
Issue addressed.
Concern is raised that the
site does not comply with
the minimum frontage
requirements. The site has
a frontage of 20 metres
whilst the DCP requires a
site frontage of 22 metres.
The proposal only complies
with this requirement
when consolidated with the
existing child care centre.
The DCP requires a street frontage of
22 metres for child care centres within
residential zones. No. 160 Excelsior
Avenue comprises a site frontage of
20 metres which in isolation does not
meet the minimum control. Given that
the subject application pertains to
both properties (160-162 Excelsior
Avenue), the combined street
frontage exceeds 50 metres which
complies with the DCP. In this regard,
a variation is not required to be
considered in this instance.
Furthermore, a condition of consent
will be recommended requiring the
consolidation of both allotments.
Issue addressed.
Concern is raised in
relation to the variations
proposed to the DCP. In
particular, variations to car
park setbacks, setback for
indoor areas and setback
for external play areas on
the first floor.
The proposed development will result
in a number of variations to the DCP.
These variations have been
considered in the assessment of the
application and have been addressed
in this report. The proposed variations
in this instance are considered to be
satisfactory on merit. Refer to Section
2.1 of this report.
Issue addressed.
Concern is raised that no
mention has been made of
any proposals to upgrade
the sewage system to
handle the increased load
on Sydney Water's system
that would result from
approval of the application.
Clause 6.2 of the LEP requires that
development consent must not be
granted unless Council is satisfied that
public utilities are available for future
development. In this regard, Sydney
Water infrastructure currently services
the site in the form of reticulated
water and sewer. A condition of
consent has been recommended
requiring a certificate from Sydney
Water stating that they are satisfied
that services have been provided to
the site.
Condition
imposed - see
Condition 25.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 27
Concern is raised that the
building as proposed with
a combined street frontage
of approximately 40
metres will not make a
positive contribution to the
locality, is not an adaptive
re-use of an existing
building and will not retain
a residential character. The
proposed scale, built form,
and finishes selection is
more in keeping with an
industrial estate than it is
with a residential precinct.
The proposed development will
provide connectivity between the
existing child care centre and
dwelling. The building façade length of
approximately 42 metres equates to
84% of the street frontage.
The proposed link between the
existing structures is in the form of a
lightweight corridor link that will be
finished in a predominantly glazed
façade. The link will facilitate disabled
access between both structures.
Given the lightweight nature of the
link and the transparency through the
structure, the proposal will provide for
a building design that is sympathetic
to the streetscape and complimentary
to the nature of the use being for a
child care centre. Additionally, low
scale landscaping will be provided at
the base of the building in addition to
the street frontage that will soften the
appearance of the structure at ground
level.
The adaptive re-use of the existing
dwelling is considered to be a
sustainable re-use of the building that
will provide for a service to meet the
day to day needs of the community.
Issue addressed.
TRAFFIC COMMENTS
Council’s Principal Traffic Coordinator has assessed the proposal and has provided the
following comments:
1. Access is to be retained via the existing driveway, but as referred on the site plan
it is to be widened to 7.0m. The existing splay of the driveway is more than
adequate for approaching westbound vehicles.
2. The existing central concrete median precludes vehicles from turning right into
the centre. The extension of the existing median island to the west by 7.0m is
considered warranted as a further deterrent to discourage U-turn movements
around the end of the island.
3. The widened driveway provides sufficient splay for vehicles turning left out of the
centre.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 28
4. Using RMS Guideline rates the extension should generate an additional 35 peak
hour trips (existing 43 trips for a total of 78 trips). Of the 35 additional trips,
assume 50% intend to travel west so the remaining 17-18 vehicles may have a
destination in an easterly direction. The closest turnaround is only 350m away at
the roundabout at Roxborough Park Rd roundabout. For 18 additional vehicles per
hour or 39 vehicles per hour in total, this is not considered an unreasonable
manoeuvre.
5. Parking space provision is deemed acceptable based on DCP guidelines.
Accordingly, Council’s Principal Traffic Coordinator has raised no objection to the
proposed development subject to a condition of consent which requires the existing
median strip to be extended 7 metres to the west to deter U-turn manoeuvres. Refer to
Condition No. 17.
RESOURCE RECOVERY COMMENTS
Council’s Resource Recovery Officer has assessed the proposal and raised no objection
subject to conditions.
ENGINEERING COMMENTS
Council’s Development Engineer has assessed the proposal and raised no objection
subject to conditions.
ENVIRONMENTAL HEALTH & SUSTAINABILITY COMMENTS
Council’s Environmental Health Officer has assessed the proposal and raised no objection
subject to conditions.
TREE MANAGEMENT COMMENTS
Council’s Tree Management Officer has assessed the proposal and raised no objection
subject to conditions.
CONCLUSION
This application has been assessed in accordance with Section 79C of the Environmental
Planning and Assessment Act, 1979 and against the Land and Environment Court’s
‘criteria for the assessment of impacts on neighbouring properties’ and is considered
satisfactory. Variations to The Hills Development Control Plan 2012 are proposed and
have been addressed in this report.
The Development Application is recommended for approval subject to conditions.
IMPACTS
Financial
This matter has no direct financial impact upon Council's adopted budget or forward
estimates.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 29
The Hills Future Community Strategic Plan
The proposed development is consistent with the planning principles, vision and
objectives outlined within “Hills 2026 – Looking Towards the Future” as the proposed
development provides for satisfactory growth without adverse environmental or social
amenity impacts.
The social and environmental impacts have been identified and addressed in the
report. The proposal provides a satisfactory design that does not compromise the
character of the locality and the Shire as a whole.
The proposal represents balanced urban growth, and the proposed medium density
residential development will complement the nature of the site. The proposal fits within
the context of the site and is considered to be consistent with the long-term direction
and goals for the locality.
RECOMMENDATION
The application be approved subject to the following conditions of consent.
GENERAL MATTERS
1. Development in Accordance with Submitted Plans
The development being carried out in accordance with the following approved plans and
details, stamped and returned with this consent except where amended by other
conditions of consent.
Amendments in red to the South Elevation Plan include the provision of a 400mm
privacy screen atop the existing hebel wall to the external play area on the first floor.
This will ensure a 1.6 metre high privacy screen is proposed along the rear elevation of
the external play area.
REFERENCED PLANS AND DOCUMENTS
DRAWING NO. DESCRIPTION REVISION DATE
999169-01 Site Plan prepared by Advanced
Architecture & Construction Pty
Ltd
B February 2016 April 2015
999169-02 Ground Floor Plan prepared by
Advanced Architecture &
Construction Pty Ltd
N/A April 2015
999169-03 First Floor Plan prepared by
Advanced Architecture &
Construction Pty Ltd
N/A April 2015
999169-04 Proposed Attic Floor Plan
Advanced Architecture &
Construction Pty Ltd
N/A April 2015
999169-06 Section A-A B-B Plan prepared by
Advanced Architecture &
Construction Pty Ltd
N/A April 2015
999169-06 North & South Elevation Plan
prepared by Advanced
Architecture & Construction Pty
Ltd – Amended in Red
A November 2015 April 2015
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 30
999169-07 East & West Elevation Plan
prepared by Advanced
Architecture & Construction Pty
Ltd
N/A April 2015
N/A Photomontage N/A N/A
14070 DA 1 Landscape Concept Plan prepared
by Vision Dynamics Pty Ltd
B 12/11/2015
No work (including excavation, land fill or earth reshaping) shall be undertaken prior to
the issue of the Construction Certificate, where a Construction Certificate is required.
2. Compliance with Preceding Development Consent
The child care centre is to comply with the preceding development consent (DA
1176/2006/HA) except where amended by other conditions of this 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. 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.
5. External Finishes
External finishes and colours shall be in accordance with the details submitted with the
development application and approved with this consent.
6. 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.
7. Education and Care Services National Regulations
The design of the child care centre must conform to the requirements of the Education
and Care Services National Regulations.
8. Compliance with Accessibility Report
The development must comply with the recommendations and requirements of the
Accessibility Report prepared by Accessible Public Domain and dated 11 July 2014.
9. Clause 94 Considerations
Under clause 94 of the Environmental Planning & Assessment Regulation, the following
fire safety/Building Code of Australia (BCA) works are to be undertaken with the
construction certificate works and are to be completed prior to the issue of the
occupation certificate:
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 31
i. A certificate of structural adequacy is to be submitted to the Principal Certifying
Authority (PCA), certifying the structural strength and load bearing capacity of the
existing premises will be appropriate for the building’s use.
ii. Existing exit doors are to be modified so that they swing in the direction of
egress. Further, door latches are to be upgraded to allow for suitable egress for a
9b classification.
iii. A review of emergency lighting is to be undertaken to ensure that every room or
space used by the public and all required stairways throughout the premises are
provided with emergency lighting, appropriate to EP4.1 of the BCA.
iv. Exit signage is to be provided to the premises appropriate to EP4.2 of the BCA.
v. Portable fire extinguishers are to be provided throughout the premises
appropriate to EP1.2 of the BCA & AS 2444.
vi. Existing glazing in the premises is to be upgraded so as to be suitable to avoid
injury to occupants in accordance with BP1.3 of the BCA.
vii. The premises is to be upgraded to ensure the affected parts comply with the
Commonwealth Disability (Access to Premises – buildings) Standard and DP1 and
DP2 of the BCA.
viii. Existing Openable windows are to be protected in accordance with D2.24 of the
BCA.
ix. Existing air handling systems (other than non-ducted individual rooms with a
capacity of not more than 1000 l/s and miscellaneous exhaust systems) within
the premises are to be provided with automatic shutdown in accordance with
NSW Table E2.2b of the BCA. The system shutdown is to be activated by:
a. smoke detectors installed complying with Clause 5 of Specification E2.2a;
and
b. any other installed fire detection and alarm system, including a sprinkler
system complying with Specification E1.5.
x. As the fire compartment will exceed 500 m², hose reels are to be provided
throughout the premises appropriate to EP1.1 of the BCA.
xi. As the floor area of the building will exceed 500 m², a hydrant system is to be
provided throughout the premises appropriate to EP1.3 of the BCA.
xii. Existing external walls that are exposed to a fire source feature are to be
upgraded and protected appropriate to CP1 and CP2 of the BCA.
xiii. Existing openings in external walls that are exposed to a fire source feature are to
be protected appropriate to CP2 of the BCA.
xiv. Existing floors between storeys are to have sufficient resistance to the spread of
fire appropriate to CP1 & CP2 of the BCA.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 32
10. Tree Removal
Approval is granted for the removal of three trees as marked for transplantation in
Landscape plan prepared by Vision Dynamics dated 06/08/14.
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.
11. Planting Requirements
All trees planted as part of the approved landscape plan are to be minimum 45 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.
12. Management of Construction and/ or Demolition Waste
Any waste generated as a result of construction and/ or demolition for the development
is to be reused and recycled where possible, and any residual waste is to be disposed of
at a licenced waste facility. 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. 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. 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.
13. Provision of Waste Storage Area
Space must be allocated on site to store all bins required at the entire development. The
waste storage area must be screened from view from any adjoining residential property
or public place. The maximum acceptable grade for wheeling bins for collection purposes
is 7% (5% for 660L and 1100L bins) and not over steps.
14. Acoustic Requirements
The recommendations of the following acoustic assessments are to be implemented as
part of this approval:
1. ‘160 Excelsior Street, Caste Hill; Childcare DA Acoustic Assessment’ prepared by
Acoustic Logic, document reference 20140661.1/0207A/R2/HP revision 2, dated 2
July 2014; and
2. ‘160-162 Excelsior Street, Castle Hill – Response to Council Comments’ prepared
by Acoustic Logic, document reference 20140661.1/1111A/R2/HP dated 11
November 2015.
In particular the following is to be complied with:
a. Glazing / doors shall be of a minimum 4mm thick glass with acoustic seals
around perimeter which provides STC 27;
b. The underside of the roof of the covered outdoor play area shall be lined
with absorptive material with an NRC of not less than 0.5;
c. The level 1 deck is required to have a minimum 1.1m high acoustic
balustrade (constructed of min 75mm Hebel or acoustically approved
alternative); and
d. The ground floor play area shall have a graduated (provided that the
documented minimum extent of the 2.5m height is maintained) solid fence
(constructed of lapped and capped timber (must be substantial,
constructed as an acoustic barrier and not as a standard boundary fence
and be certified by an acoustic consultant), min 6mm fibre cement
sheeting, Colourbond or approved alternative), with a canted shade
canopy above.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 33
15. Protection of Public Infrastructure
Council must be notified of any damage to public infrastructure caused by the
development. Adequate protection must be provided prior to work commencing and
maintained during building operations. Any damage caused must be made good, to the
satisfaction of Council, before an Occupation Certificate can be issued. Public
infrastructure includes the road pavement, kerb and gutter, concrete footpaths, drainage
structures, utilities and landscaping fronting the site.
16. Vehicular Access and Parking
The formation, surfacing and drainage of all driveways, parking modules, circulation
roadways and ramps are required, with their design and construction complying with:
a) AS/ NZS 2890.1
b) AS/ NZS 2890.6
c) AS 2890.2
d) Council’s DCP Part C Section 1 – Parking
e) Council’s Driveway Specifications
Where conflict exists the Australian Standard must be used.
The following must be provided:
i. All driveways and car parking areas must be prominently and permanently line
marked, signposted and maintained to ensure entry and exit is in a forward
direction at all times and that parking and traffic circulation is appropriately
controlled.
ii. All driveways and car parking areas must be separated from landscaped areas by
a low level concrete kerb or wall.
iii. All driveways and car parking areas must be concrete or bitumen. The design
must consider the largest design service vehicle expected to enter the site. In
rural areas, all driveways and car parking areas must provide for a formed all
weather finish.
iv. All driveways and car parking areas must be graded, collected and drained by pits
and pipes to a suitable point of legal discharge.
17. 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. Disused Layback/ Driveway Removal
All disused laybacks and driveways must be removed and replaced with kerb and gutter
together with the restoration and turfing of the adjoining footpath verge area.
ii. 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
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 34
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.
iii. Site Stormwater Drainage
The entire site area must be graded, collected and drained by pits and pipes to a suitable
point of legal discharge.
iv. New Kerb Inlet Pit
A new kerb inlet pit must be provided in Excelsior Avenue fronting the site and the
drainage must be extended from the site. The existing kerb is requiring the removal and
reconstruction of the kerb and gutter and road shoulder.
v. Service Conduits
Service conduits to each of the proposed new lots, laid in strict accordance with the
relevant service authority’s requirements, are required. Services must be shown on the
engineering drawings.
vi. Median Island on Excelsior Avenue
The existing median island on Excelsior Avenue fronting the subject site is to be
extended an additional 7 metres to the west to preclude U-turn manoeuvres from the
child care centre. The extension of the median island is to be designed to match the
existing median island.
18. Provision of Parking Spaces
The development is required to be provided with 32 off-street car parking spaces. These
car parking spaces shall be available for off street parking at all times.
19. Separate application for signs
A separate application is to be submitted to, and approved by, Council prior to the
erection of any advertisements or advertising structures.
PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE
20. Construction and fit-out of food premises (kitchen and bottle preparation)
Prior to the issue of the construction certificate, a detailed floor plan and section and
elevations are to be submitted to Council’s Manager – Environment and Health for review
and approval. The construction certificate must not be issued until written approval or
direction is given by Council’s Manager – Environment and Health.
To ensure that adequate provision is made for the cleanliness and maintenance of all
food preparation areas, the plans are to demonstrate that the premises will comply with
the requirements of Australian Standard AS 4674-2004 – Design, construction and fit-
out of food premises and the provisions of the Food Standards Code (Australia). This
includes, but is not limited to:
The intersection of floors with walls and exposed plinths in food preparation,
storage and servery areas are to be coved.
All walls are to be solid construction. Solid construction is defined as brick,
concrete blocks, structural fibrous cement or preformed panels that are filled with
suitable material.
Pipes and conduits adjacent to walls are to be set a minimum of 25mm off wall
face with brackets. Pipes and conduits entering floors, walls or ceilings are to be
fitted with a flange and all gaps fully sealed.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 35
Hand wash basins (kitchen and bottle preparation):
Must be provided, not obstructed and accessible at bench height and no
further than 5 metres from any place where open food is handled or
prepared; and
Must be fitted with a tap that operates hands free with a permanent
supply of warm running potable water delivered through a single outlet.
Note: Copies of AS 4674-2004 may be obtained from www.saiglobal.com by visiting the
website: www.saiglobal.com and copies of the Food Safety Standards Code (Australia)
may be obtained from Food Standards Australia New Zealand by visiting the following
website www.foodstandards.gov.au.
21. Security Bond Requirements
A security bond may be submitted in lieu of a cash bond. The security bond must:
a) Be in favour of The Hills Shire Council;
b) Be issued by a financial institution or other accredited underwriter approved by,
and in a format acceptable to, Council (for example, a bank guarantee or
unconditional insurance undertaking);
c) Have no expiry date;
d) Reference the development application, condition and matter to which it relates;
e) Be equal to the amount required to be paid in accordance with the relevant
condition;
f) Be itemised, if a single security bond is used for multiple items.
Should Council need to uplift the security bond, notice in writing will be forwarded to the
applicant 14 days prior.
22. 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.
23. Onsite Stormwater Detention – Upper Parramatta River Catchment Area
Onsite Stormwater Detention (OSD) is required in accordance with Council’s adopted
policy for the Upper Parramatta River catchment area, the Upper Parramatta River
Catchment Trust OSD Handbook.
The stormwater concept plan prepared by B. Haykal Drawing 15015 Revision ‘D’ dated
13/11/2015 is for development application purposes only and is not to be used for
construction. The detailed design must reflect the approved concept plan.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 36
Comprehensive design plans showing full construction details must be prepared by an
accredited OSD designer and submitted with:
- A completed OSD Drainage Design Summary Sheet;
- Drainage calculations and details, including those for all weirs, overland flow paths
and diversion (catch) drains, catchment areas, times of concentration and estimated
peak run-off volumes;
- A completed OSD Detailed Design Checklist;
- A maintenance schedule.
The design and construction of the OSD system must be approved by either Council or
an accredited certifier. This certification must be included with the documentation
approved as part of any Construction Certificate.
A Design Compliance Certificate (DCC) certifying the detailed design of the OSD system
can be issued by Council subject to the following being provided:
i. A completed application form;
ii. Four copies of the design plans and specifications;
iii. Payment of the applicable application and inspection fees.
24. Security Bond – Road Pavement and Public Asset Protection
In accordance with Section 80A(6)(a) of the Environmental Planning and Assessment Act
1979, a security bond of $10,000.00 is required to be submitted to Council to guarantee
the protection of the road pavement and other public assets in the vicinity of the site
during construction works.
The bond must be lodged with Council before a Construction Certificate is issued.
The bond is refundable upon written application to Council and is subject to all work
being restored to Council’s satisfaction. Should the cost of restoring any damage exceed
the value of the bond, Council will undertake the works and issue an invoice for the
recovery of these costs.
PRIOR TO WORK COMMENCING ON THE SITE
25. 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.
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
requirements, the building plans will be stamped indicating that no further requirements
are necessary.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 37
27. 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.
28. Traffic Control Plan
A Traffic Control Plan is required to be prepared and submitted to Council for approval.
The person preparing the plan must have the relevant accreditation to do so. Where
amendments to the plan are required post approval, they must be submitted to Council
for further approval prior to being implemented.
A plan that includes full (detour) or partial (temporary traffic signals) width road closure
requires separate specific approval from Council. Sufficient time should be allowed for
this to occur.
29. 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.
30. Public Infrastructure Inventory Report
A public infrastructure inventory report must be prepared and submitted to Council
recording the condition of all public assets in the direct vicinity of the development site.
This includes, but is not limited to, the road fronting the site along with any access route
used by heavy vehicles. If uncertainty exists with respect to the necessary scope of this
report, it must be clarified with Council before works commence. The report must
include:
a) Planned construction access and delivery routes; and
b) Dated photographic evidence of the condition of all public assets.
DURING CONSTRUCTION
31. 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.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 38
32. 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 CERTIFICATE
33. Food Premises Final Inspection
Prior to the issuing of an Occupation Certificate, the food premises (kitchen and bottle
preparation rooms) shall be inspected by an Authorised Officer of The Hills Shire Council
under the Food Act 2003, to determine compliance with the Food Act 2003, Food Safety
Standards and Australian Standard 4674:2004: Design Construction and Fit-out of Food
Premises.
34. Acoustic Compliance Report
An acoustic consultant shall progressively inspect the installation of the required noise
suppressant components as recommended in the following reports:
1. ‘160 Excelsior Street, Caste Hill; Childcare DA Acoustic Assessment’ prepared by
Acoustic Logic, document reference 20140661.1/0207A/R2/HP revision 2, dated 2
July 2014; and
2. ‘160-162 Excelsior Street, Castle Hill – Response to Council Comments’ prepared
by Acoustic Logic, document reference 20140661.1/1111A/R2/HP dated 11
November 2015.
Written certification is to be provided to Council’s Manager – Environment and Health
that all noise suppressant components have been install correctly prior to the occupation
certificate being issued.
35. Food shop registration requirements
Occupation of the premises shall not occur until the food business is registered with The
Hills Shire Council. To register with Council please complete and submit the ‘registration
of food business’ form which is available on Council’s website.
36. Noise management plan
A noise management plan is required to be prepared and submitted to Council’s Manager
– Environment and Health prior to the issue of an occupation certificate. The noise
management plan shall address all activities likely to cause noise from the childcare
centre (including the outdoor play areas) and proposed actions to be taken to alleviate
any offensive noise.
The noise management plan is to be developed in conjunction with the recommendations
of the ‘Childcare DA Acoustic Assessment’ prepared by Acoustic Logic, document
reference 20140616.1/0207A/R2/HP and dated 2 July 2015.
37. 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.
38. Consolidation of Allotments
All allotments included in this consent must be consolidated into a single allotment
before an Occupation Certificate is issued. A copy of the registered plan must be
submitted to Council.
39. 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.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 39
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.
40. Public Infrastructure Inventory Report - Post Construction
Before an Occupation Certificate is issued, an updated public infrastructure inventory
report must be prepared and submitted to Council. The updated report must identify any
damage to public assets and the means of rectification for the approval of Council.
THE USE OF THE SITE
41. External Play Area – First floor
No objects that are capable of providing a ladder are to be stored immediately adjacent
to the hebel wall on the first floor external play area to ensure the safety of children.
42. Number of Staff and Children
The child care centre must operate with a maximum of sixteen (16) employees with a
maximum capacity of 98 places, with the following age-groups:
0-2 years: 23 children
2-3 years: 25 children
3-5 years: 50 children
Any variation to the above requires separate development consent.
43. Waste and Recycling Management
To ensure the adequate storage and collection of waste from the occupation or use of
the premises, all garbage and recyclable materials emanating from the premises must be
stored in a designated waste storage area, which includes provision for the storage of all
waste generated on the premises between collections. Arrangement must be in place in
all areas of the development for the separation of recyclable materials from garbage. All
waste storage areas must be screened from view from any adjoining residential property
or public place. Ideally waste storage containers should be kept inside building and
under no circumstances should waste storage containers be stored in locations that
restrict access to any of the car parking spaces provided onsite.
44. 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.
45. Offensive Noise - Acoustic Report
The proposed use of the premises and/or machinery equipment installed must not create
offensive noise so as to interfere with the amenity of the neighbouring properties.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
PAGE 40
Should an offensive noise complaint be received and verified by Council staff, an acoustic
assessment is to be undertaken (by an appropriately qualified consultant) and an
acoustic report is to be submitted to Council’s Manager – Environment and Health for
review. Any noise attenuation measures directed by Council’s Manager - Environment
and Health must be implemented.
46. Noise to Surrounding Area
There shall be no amplified music or speakers external to the building.
47. Noise management plan to be kept onsite
A copy of the approved noise management plan is to be available at the childcare centre
at all times and is to be made available to Council staff upon request.
48. Use of outdoor play area
As per ‘160 Excelsior Street, Caste Hill; Childcare DA Acoustic Assessment’ prepared by
Acoustic Logic, document reference 20140661.1/0207A/R2/HP revision 2, dated 2 July
2014 a maximum of thirty-two (32) children are permitted to use the ground floor
outdoor play area and a maximum of twelve (12) children are permitted to play on the
level 1 outdoor play area of 160 Excelsior Avenue at any one time.
49. Hours of Operation
The hours of operation being restricted to the following: -
- Monday to Friday - 7:00am to 6:00pm
Any alteration to the above hours of operation will require the further approval of
Council.
Note: Development consent (DA 1176/2006/HA) limits the hours of operation for the
original child care centre to Monday to Friday - 7:00am to 7:00pm.
ATTACHMENTS
1. Locality Plan
2. Aerial Photograph
3. Zoning Map
4. Additional Permitted Uses Map
5. Site Plan
6. Ground Floor Plan
7. First Floor Plan
8. Attic Floor Plan
9. North / South Elevation
10. West / East Elevation
11. Photomontage
12. Landscape Plan
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
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ATTACHMENT 1 – LOCALITY PLAN
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
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ATTACHMENT 2 – AERIAL PHOTOGRAPH
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
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ATTACHMENT 3 – ZONING MAP
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
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ATTACHMENT 4 – ADDITIONAL PERMITTED USES MAP
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
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ATTACHMENT 5 – SITE PLAN
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
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ATTACHMENT 6 – GROUND FLOOR PLAN
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
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ATTACHMENT 7 – FIRST FLOOR PLAN
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
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ATTACHMENT 8 – ATTIC FLOOR PLAN
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
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ATTACHMENT 9 – NORTH / SOUTH ELEVATION
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
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ATTACHMENT 10 – WEST / EAST ELEVATION
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
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ATTACHMENT 11 – PHOTOMONTAGE
DEVELOPMENT ASSESSMENT UNIT MEETING 15 MARCH, 2016
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ATTACHMENT 12 – LANDSCAPE PLAN
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