Development Assessment Unit · 18/11/2015 Additional information submitted including amended architectural plans, landscape plan, schedule of materials and stormwater management plan

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


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


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.


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 -


Area: 2,207m2 4. DCP Part B Section 3 Landscaping -


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.


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.


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.


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.

http://www.legislation.nsw.gov.au/fragview/inforce/epi+509+2012+sch.1+0+N?tocnav=y

http://www.legislation.nsw.gov.au/fragview/inforce/epi+509+2012+sch.1+0+N?tocnav=y


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.


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.


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 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.


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.


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.


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:


(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.


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.


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:


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.


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%.


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:


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.


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.


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:


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.


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.


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.


PAGE 20


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,


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.


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.


PAGE 21


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.


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.


PAGE 22


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.


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.


PAGE 23


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.


relation to the speed of

vehicles approaching the

child care centre on

Excelsior Avenue and the

impact of vehicles

entering/exiting the site.


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.


PAGE 24


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.


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.


PAGE 25


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.


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.


PAGE 26



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.


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.


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.


PAGE 27


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.


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.


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


ENVIRONMENTAL HEALTH & SUSTAINABILITY COMMENTS

Council’s Environmental Health Officer has assessed the proposal and raised no objection


TREE MANAGEMENT COMMENTS

Council’s Tree Management Officer has assessed the proposal and raised no objection


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.


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



N/A April 2015

999169-04 Proposed Attic Floor Plan



N/A April 2015

999169-06 Section A-A B-B Plan prepared by



N/A April 2015

999169-06 North & South Elevation Plan

prepared by Advanced


Ltd – Amended in Red

A November 2015 April 2015


PAGE 30

999169-07 East & West Elevation Plan

prepared by Advanced


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:


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.


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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.


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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


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.


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.


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.


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.


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.


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



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.


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


PAGE 41

ATTACHMENT 1 – LOCALITY PLAN


PAGE 42

ATTACHMENT 2 – AERIAL PHOTOGRAPH


PAGE 43

ATTACHMENT 3 – ZONING MAP


PAGE 44

ATTACHMENT 4 – ADDITIONAL PERMITTED USES MAP


PAGE 45

ATTACHMENT 5 – SITE PLAN


PAGE 46

ATTACHMENT 6 – GROUND FLOOR PLAN


PAGE 47

ATTACHMENT 7 – FIRST FLOOR PLAN


PAGE 48

ATTACHMENT 8 – ATTIC FLOOR PLAN


PAGE 49

ATTACHMENT 9 – NORTH / SOUTH ELEVATION


PAGE 50

ATTACHMENT 10 – WEST / EAST ELEVATION


PAGE 51

ATTACHMENT 11 – PHOTOMONTAGE


PAGE 52

ATTACHMENT 12 – LANDSCAPE PLAN

Documents

Development Assessment Unit · 18/11/2015 Additional information submitted including amended architectural plans, landscape plan, schedule of materials and stormwater management plan