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Development Assessment
Unit
Tuesday, 26 April 2016
THE H
ILLS S
HIR
E C
OU
NC
IL
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 3
ITEM-2 DA NO. 931/2016/HA - ADDITIONAL CAR
PARKING AND RELOCATION OF THE BIN BAY FOR
AN EXISTING MULTI DWELLING HOUSING
DEVELOPMENT - SP 71013 - COMMON PROPERTY,
291-293 NORTH ROCKS ROAD, NORTH ROCK
4
ITEM-3 DA NO. 327/2016/HA - DEMOLITION OF EXISTING
STRUCTURES AND CONSTRUCTION OF A MULTI-
DWELLING HOUSING DEVELOPMENT - LOT 10 DP
39083 - 14 - 16 BLENHEIM ROAD, CARLINGFORD
16
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 3
MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE
HILLS SHIRE COUNCIL ON TUESDAY, 19 APRIL 2016
PRESENT
Cameron McKenzie Group Manager – Environment & Planning (Chair)
Paul Osborne Manager – Development Assessment
Andrew Brooks Manager – Subdivision & Development Certification
Angelo Berios Acting Manager – Environment & Health
Craig Woods Manager – Regulatory Services
Stewart Seale Manager – Forward Planning
Kristine McKenzie Principal Executive Planner
APOLOGIES
Mark Colburt Manager – Environment & Health
TIME OF COMMENCEMENT
8:30am
TIME OF COMPLETION
8:36am
ITEM-1 CONFIRMATION OF MINUTES
RESOLUTION
The Minutes of the Development Assessment Unit Meeting of Council held on 12 April
2016 be confirmed.
ITEM-2 DA NO. 499/2016/HB – TWO ADDITIONAL
LEVELS TO AN APPROVED MIXED USE
DEVELOPMENT CONTAINING 10 UNITS – LOTS 26-
26, 30, 33-36 DP 8001, LOTS 1-2 DP 209917, LOTS
1-2 DP 530832 7-13 JENKINS ROAD & 2-14
THALLON STREET, CARLINGFORD
RESOLUTION
The application be approved subject to conditions as set out in the report.
END MINUTES
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 4
ITEM-2 DA NO. 931/2016/HA - ADDITIONAL CAR PARKING
AND RELOCATION OF THE BIN BAY FOR AN
EXISTING MULTI DWELLING HOUSING
DEVELOPMENT - SP 71013 - COMMON PROPERTY,
291-293 NORTH ROCKS ROAD, NORTH ROCK
THEME: Balanced Urban Growth
OUTCOME: 7 Responsible planning facilitates a desirable living
environment and meets growth targets.
STRATEGY:
7.2 Manage new and existing development with a robust
framework of policies, plans and processes that is in
accordance with community needs and expectations.
MEETING DATE: 3 MAY 2016
DEVELOPMENT ASSESSMENT UNIT
AUTHOR: SENIOR TOWN PLANNER
AMANDA HAWKINS
RESPONSIBLE OFFICER: MANAGER DEVELOPMENT ASSESSMENT
PAUL OSBORNE
EXECUTIVE SUMMARY
The Development Application is for the construction of three visitor car parking spaces
on the common property of an existing multi dwelling housing development, removal of
one tree and the relocation of an existing bin bay to within the front setback.
The application was notified and three submissions were received from owners within the
complex. The submissions raised concern with the proposed tree removal, visitor car
parking spaces and subsequent loss of common open space and relocation of the bin
bay.
The application is recommended for refusal as the proposed visitor car parking spaces
will result in three non-compliances with DCP Part B Section 4 – Multi Dwelling Housing
including the minimum landscaped area required, provision of common open space and
minimum setback from the car parking to the property boundary. In addition, the bin
bay is proposed to be located within an easement for a padmount substation, for which
no consent has been sought or obtained from the benefitting authority.
BACKGROUND MANDATORY REQUIREMENTS
Applicant: Compudraft Pty Ltd
1. LEP 2012 – Satisfactory.
Owner: The Owners of SP
71013
2. The Hills DCP Part B Section 4 –
Multi Dwelling Housing -
Unsatisfactory.
Zoning: R2 Low Density
Residential
3. Section 79C (EP&A Act) –
Unsatisfactory.
Area: 2,006m2
4. Section 94 Contribution – N/A
Existing
Development:
Multi dwelling housing
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 5
SUBMISSIONS REASONS FOR REFERRAL TO DAU
1. Exhibition: Not required.
1. Recommended for refusal.
2. Notice Adj Owners: Yes, 14 days.
3. Number Advised: Six
4. Submissions
Received:
Three POLITICAL DONATION – None disclosed
HISTORY
24/08/1999 Development Consent 2776/1999/HB issued for a townhouse
development comprising 7 x 3 bedroom townhouses.
13/02/2001 Section 96 Modification Consent 2776/1999/HB/A issued for an
approved townhouse development.
14/12/2015 Subject Development Application lodged.
08/01/2016 Letter sent to the applicant requesting additional information in
relation to landscaped area, parking space dimensions and the
proposed bin storage area.
03/02/2016 Amended plans submitted.
15/02/2016 Letter sent to the applicant advising that the proposed bin bay
encroaches into an Integral Energy easement and that any
encroachment requires the written consent of the benefitting
authority. The applicant was also advised that the proposal will
create several DCP non-compliances and cannot be supported.
16/02/2016 Phone discussion held with the applicant to discuss the issues
with the proposal. The applicant advised that they would seek
instruction from the Owners Corporation and Strata Manager.
09/03/2016 Letter sent to the applicant requesting an update.
30/03/2016 Email sent to the applicant requesting an update.
11/04/2016 Phone message left for the applicant requesting an update. No
response has been received to date.
PROPOSAL
The Development Application is for the construction of three visitor car parking spaces
on common property and the relocation of an existing bin bay to within the front
setback.
The removal of one Jacaranda mimosifolia (Jacaranda) tree is also proposed from the
common open space area to facilitate the construction of the car parking spaces.
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 6
ISSUES FOR CONSIDERATION
1. Compliance with Local Environment Plan 2012
The site is zoned R2 Low Density Residential under The Hills Local Environmental Plan
2012. Under The Hills LEP 2012, the development is defined as “multi dwelling housing”
which is prohibited development.
It is noted however that the development is existing and development consent was
granted in 1999, at which time, the site was zoned Residential 2(a3) and townhouse
development was a permissible form of development in the zone.
As a result, the site is now benefitted by ‘existing use’ rights under the Environmental
Planning and Assessment Act 1979. Section 106(b)(i) of the Act states that an existing
use includes the use of land over which development consent was granted before an
environmental planning instrument that prohibits its use.
Accordingly, the existing development satisfies the above provision and is considered
satisfactory with regard to The Hills LEP 2012.
2. Compliance with DCP Part B Section 4 – Multi Dwelling Housing
The proposal has been assessed against the provisions of DCP Part B Section 4 – Multi
Dwelling Housing and three non-compliances have been identified as detailed below:
DEVELOPMENT
STANDARD
DCP
REQUIREMENTS
PROPOSED
DEVELOPMENT
COMPLIANCE
Landscaped Area A minimum of 50%
of the site shall be
provided with
landscaping areas,
exclusive of access
driveways and
parking.
Existing trees should
be preserved
wherever possible.
In particular
consideration must
be given to retaining
trees in the front,
rear and side
setback areas.
Development
Consent
2776/1999/HB
approved a
landscaped area for
the development of
50%.
An updated
landscaped area
calculation has not
been provided by the
applicant however it
is estimated to be
approximately 815m2
(41%).
The proposed visitor
car parking spaces
will require the
removal of an
existing mature
Jacaranda
mimosifolia
(Jacaranda) in the
common open space.
No. The
development will
no longer provide
a satisfactory
relationship
between the built
form, hardstand
and landscaped
areas within the
site.
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 7
Open Space Common open space
areas comprising a
children’s play area
shall be provided on
the site behind the
building line, for
developments of
more than five (5)
dwellings.
For developments
containing between
6-14 dwellings, a
minimum of 144m2
of common open
space is required.
Development
Consent
2776/1999/HB
approved a common
open space area of
100m2 for the
development.
The proposed visitor
car parking spaces
will result in no
common open space
being provided for
the development.
No. The
development will
not be provided
with a functional
area within the site
for the informal
recreation of
residents and
children’s play.
The loss of the
common open
space area would
result in the
development no
longer providing a
high level of
amenity for
residents.
Car Parking Car parking areas
are to be separated
from any adjoining
property boundaries
by a 2 metre wide
landscaped strip to
screen the parking
from view.
The proposed visitor
spaces provide a
varied setback from
the side property
boundary from 0-
684mm.
No. The setback
proposed for the
additional car
parking spaces
does not allow for
landscape
screening and
therefore cannot
ensure the
development will
not detrimentally
affect the amenity
of the adjoining
lots. The proposed
car spaces are
directly adjacent to
the private open
space areas on the
adjoining lots.
3. Issues Raised in Submissions
The proposal was notified to adjoining property owners for a period of 14 days and three
submissions were received. The issues raised in the submissions are summarised in the
following table.
ISSUE/OBJECTION COMMENT OUTCOME
A beautiful mature
Jacaranda tree is being
removed only to be replaced
with 3 car spaces. It is the
only beautiful tree at the
rear of the complex.
The proposed tree removal and
visitor car parking spaces are
not supported for the reasons
outlined in this report.
The application is
recommended for
refusal.
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 8
ISSUE/OBJECTION COMMENT OUTCOME
The owners were originally
advised that the tree would
be retained and two car
spaces would be
constructed, one on each
side of the tree. However
after calling Council it was
advised that the car spaces
could cause damage to the
tree and that the proposal
was not likely to be
supported.
If this was unsatisfactory,
how come granting
permission to construct
three car spaces is being
considered?
The existing resident and
visitor car parking provided
on site is sufficient.
Approving the additional car
parking spaces will result in
no common open space
within the site. This
development is located on a
busy road and the
landscaped area within the
front setback is unfenced
rendering it unsafe and
unusable as a recreational
area.
The proposed visitor car parking
spaces are not supported for
the reasons outlined in this
report.
The application is
recommended for
refusal.
Relocating the bin bay is
unnecessary and it will be an
unhygienic eyesore.
The bin bay is detailed as
being only for the use of
Dwellings 2-4 only with the
remaining dwellings storing
their bins in their yards.
This arrangement does not
have the support of all
owners within the complex.
The proposed bin bay is not
supported for the reasons
outlined in this report.
The application is
recommended for
refusal.
4. Compliance with Title Restrictions
Strata Plan 71013 shows an easement for a padmount substation exists within the front
setback with dimensions of 5.5 metres by 2.75 metres.
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 9
Item 3 of the 88B Instrument states that the benefitting authority of this easement
(Integral Energy Australia), shall have full and free right and licence to erect a
padmounted substation in this location for the purpose of transmission of electricity and
incidental purposes.
The restriction also stated that the owners of the lot will not erect, or permit to be
erected, any structure over the easement without the written permission of the
benefitting authority.
The proposed bin bay is located within this easement however written consent from the
benefitting authority has not been sought or obtained. The applicant was requested to
provide written consent for the proposed works within the easement however this has
not been submitted. As a result, the proposed location of the bin bay is not supported.
ENGINEERING COMMENTS
The proposal was reviewed by Council’s Subdivision Co-ordinator who requested the
proposal be amended in order to comply with the Australian Standard. The amendments
were made as requested however they resulted in other DCP non-compliances and the
proposed visitor car parking spaces are considered unsatisfactory for the reasons
outlined in this report.
RESOURCE RECOVERY COMMENTS
The proposal was reviewed by Council’s Resource Recovery Project Officer who
requested that the applicant submit additional information to demonstrate that the
dwellings not utilising the bin bay can meet the storage requirements within their
allotments. A review of the approved plans shows that the arrangement is in keeping
with the original approval for the development.
CONCLUSION
The Development Application has been assessed against the heads of consideration
under Section 79C and 106-109B of the Environmental Planning and Assessment Act,
1979, Local Environmental Plan 2012 and DCP Part B Section 4 – Multi Dwelling Housing
and is considered unsatisfactory.
The issues raised in the submissions have been addressed in the body of the report and
warrant refusal of the application.
Accordingly, it is recommended that the application be refused.
IMPACTS
Financial
This matter may have a direct financial impact upon Council’s adopted budget as refusal
of this matter may result in Council having to defend a Class 1 Appeal in the NSW Land
and Environment Court.
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 10
The Hills Future Community Strategic Plan
The proposed development is not consistent with the planning principles, vision and
objectives outlined within “Hills 2026 – Looking Towards the Future” as the proposed
development does not provide for satisfactory urban growth without adverse
environmental or social amenity impacts and may unreasonably impact on property
owners within the site.
RECOMMENDATION
The Development Application be refused on the following grounds:
1. The proposed works do not comply with the minimum landscaped area required by
DCP Part B Section 4 – Multi Dwelling Housing. The development will no longer
provide a satisfactory relationship between the built form, hardstand and
landscaped areas within the site.
(Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979).
2. The proposed works do not provide any common open space as required by DCP
Part B Section 4 – Multi Dwelling Housing. The development will not be provided
with a functional area within the development for the informal recreation of
residents and children’s play.
(Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979).
3. The proposed works do not provide sufficient setbacks between the proposed car
parking spaces and the property boundary as required by DCP Part B Section 4 –
Multi Dwelling Housing. The setback of the proposed car parking spaces from the
property boundary will not permit landscaping to be planted to screen the car
spaces from the adjoining lots.
(Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979).
4. The proposed works do not adequately demonstrate compliance with the aims and
objectives of DCP Part B Section 4 – Multi Dwelling Housing. The loss of the
common open space area would result in the development no longer providing a
high level of amenity for residents. The setback proposed for the additional car
parking spaces does not allow for landscape screening and therefore cannot ensure
the development will not detrimentally affect the amenity of the adjoining lots. The
proposed car spaces are directly adjacent to the private open space areas on the
adjoining lots.
(Section 79C(1)(a)(iii) and (b) of the Environmental Planning and Assessment Act
1979).
5. The applicant has not obtained the written consent of the benefitting authority of
an easement over the lot for the proposed bin bay.
(Section 79C(1)(b) and(c) of the Environmental Planning and Assessment Act
1979).
6. The proposal has attracted three submissions raising objection to the works.
(Section 79C(1)(d) of the Environmental Planning and Assessment Act 1979).
ATTACHMENTS
1. Locality Plan
2. Aerial Photograph
3. Existing Site Plan
4. Proposed Site Plan
5. Strata Plan
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 11
ATTACHMENT 1 – LOCALITY PLAN
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 12
ATTACHMENT 2 – AERIAL PHOTOGRAPH
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 13
ATTACHMENT 3 – EXISTING SITE PLAN
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 14
ATTACHMENT 4 – PROPOSED SITE PLAN
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 15
ATTACHMENT 5 – STRATA PLAN
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 16
ITEM-3 DA NO. 327/2016/HA - DEMOLITION OF EXISTING
STRUCTURES AND CONSTRUCTION OF A MULTI-
DWELLING HOUSING DEVELOPMENT - LOT 10 DP
39083 - 14 - 16 BLENHEIM ROAD, CARLINGFORD
THEME: Balanced Urban Growth
OUTCOME: 7 Responsible planning facilitates a desirable living
environment and meets growth targets.
STRATEGY:
7.2 Manage new and existing development with a robust
framework of policies, plans and processes that is in
accordance with community needs and expectations.
MEETING DATE: 26 APRIL 2016
DEVELOPMENT ASSESSMENT UNIT
AUTHOR: SENIOR TOWN PLANNER
AMANDA HAWKINS
RESPONSIBLE OFFICER: MANAGER DEVELOPMENT ASSESSMENT
PAUL OSBORNE
EXECUTIVE SUMMARY
The Development Application is for the demolition of existing structures, tree removal
and construction of a multi-dwelling housing development comprising seven dwellings
with associated basement parking for 17 vehicles.
The proposal has been assessed against the relevant provisions of the Hills Development
Control Plan 2012 Part B Section 4 – Multi Dwelling Housing (DCP). A variation to the
solar access requirement for the private open space areas is addressed in the body of
the report and is considered to be satisfactory.
Four submissions were received raising concern with respect to traffic and parking,
potential asbestos contamination, stormwater drainage and management of the site
during construction. The issues raised within the submissions are not considered to
warrant further amendment or refusal of the application.
It is recommended that the Development Application be approved subject conditions.
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 17
BACKGROUND MANDATORY REQUIREMENTS
Applicant: Design Cubicle Pty
Ltd
1. LEP 2012 - Permissible with Consent.
Owner: Yuki Nakamura,
Gualberto Pili, Colin
and Watcharee
Newell
2. THDCP 2012 Part B Section 4 – Multi
Dwelling Housing – Variation
proposed, see report.
Zoning: R3 Medium Density
Residential
3. Section 79C (EP&A Act) –
Satisfactory.
Area: 1917m2
4. Section 94 Contribution - $12,879.94
Existing
Development:
Two single dwellings
with ancillary
structures
SUBMISSIONS REASONS FOR REFERRAL TO DAU
1. Exhibition: Yes, 14 days
1. Submissions received.
2. Notice Adj
Owners:
Yes, 14 days 2. Variation to the DCP.
3. Number Advised: 19
4. Submissions
Received:
Four POLITICAL DONATION – None disclosed
HISTORY
21/08/2015 Subject Development Application lodged.
25/09/2015 Letter sent to the applicant requesting additional information and
amendments be submitted to address DCP non-compliances, site
drainage and vehicular access and parking.
19/10/2015 Email received from the applicant advising that the requested
information will be submitted within 14 days.
20/11/2015 Email sent to the applicant requesting all information be
submitted within 14 days or the application will be determined in
its current form.
24/11/2015 Amended plans submitted.
01/12/2015 Email received from the applicant requesting additional time to
submit the stormwater drawings and flood study.
04/12/2015 Additional information submitted.
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 18
03/02/2016 Email sent to the applicant advising of the remaining DCP non-
compliances and requesting either the BASIX Certificate or plans
be amended to ensure they are consistent.
15/02/2016 Amended plans and BASIX Certificate submitted.
08/03/2016 Email sent to the applicant requesting an updated Landscape Plan.
14/03/2016 Email sent to the applicant requesting an addendum to the
Arborist Report be submitted addressing the most recent issue of
the stormwater plans.
14/03/2016 Amended Landscape Plan submitted.
14/03/2016 Email sent to the applicant advising that the Landscape Plan was
still not consistent with the most recent issue of the architectural
and stormwater plans.
15/03/2016 Amended Landscape Plan submitted.
17/03/2016 Addendum to the Arborist Report submitted.
29/03/2016 Email sent to the applicant advising that the Landscape Plan is still
not consistent with the most recent issue of the architectural and
stormwater plans.
30/03/2016 Amended Landscape Plan submitted.
PROPOSAL
The Development Application is for the demolition of existing structures, tree removal
and construction of a multi-dwelling housing development comprising seven dwellings
with associated basement parking for 17 vehicles. The proposed multi-unit dwellings will
be two storeys and comprise 3 x 2 bedroom and 4 x 3 bedroom dwellings.
The proposed built form will comprise of attached two storey dwellings in two separate
groups. Three dwellings are located parallel to the frontage of Blenheim Road and four
dwellings are located parallel to the rear boundary.
An access driveway is located parallel to the eastern side boundary which will provide
vehicular access to the basement car parking area. Each dwelling is provided with two
car parking spaces and storage areas with direct access to each dwelling via stairs.
Three visitor car parking spaces are provided in the car parking area along with two
communal stair cases to provide pedestrian access from the basement to the
development.
Private open space areas are provided for all dwellings orientated to the north and south.
The common open space area is located in the middle of the site and will contain a
landscaped area and hardstand area containing seating.
Each dwelling fronting Blenheim Road has separate pedestrian access to the street. A
separate pedestrian access path for the four dwellings at the rear of the site is provided
parallel to the western side boundary.
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 19
Dwelling No. 3 is proposed to be an adaptable dwelling and is capable of compliance with
the Building Code of Australia, Premises Standard and applicable Australian Standards.
The proposed building materials for the dwellings include painted cement render,
colorbond cladding and hebel feature walls. The roof will comprise of colorbond cladding
whilst the courtyard fences fronting Blenheim Road will be masonry with horizontal slats
and are set back from the front boundary.
The proposed landscape scheme will include planting along the boundary interfaces of
the development including the front setback and adjacent to the internal driveway.
Retaining walls and planter boxes are proposed throughout the site and along a portion
of both side boundaries with a maximum height of 700mm. The proposal includes the
removal of two trees and the retention of one tree at the rear of the site.
The proposed stormwater management of the site will involve the discharge of
stormwater to an underground on-site detention system with overflow to be directed to
an existing drainage easement to the rear of the site. Rear boundary fencing will be pool
type fencing for the bottom 800mm to permit stormwater to pass through.
SITE AND SURROUNDS
The subject site has a frontage of 33.5 metres and an area of 1,917m2. The site slopes
away from Blenheim Road with a fall of approximately 5 metres.
The site benefits from an easement for stormwater drainage 6.1 metres wide located on
the property to the rear known as Lot 28 DP 10342.
The subject site is adjoined by single dwellings, a villa and townhouse development at 1-
7 Blenheim Road and a number of recently constructed two storey dwellings.
ISSUES FOR CONSIDERATION
1. Compliance with The Hills Local Environmental Plan 2012
Pursuant to The Hills Local Environmental Plan 2012 (LEP), the subject site is zoned R3
Medium Density Residential. This type of development proposed is categorised as “multi
dwelling housing” under the LEP which is defined as follows:
“multi dwelling housing means 3 or more dwellings (whether attached or detached) on
one lot of land, each with access at ground level, but does not include a residential flat
building.”
Under the provisions of the LEP, multi dwelling housing is permissible in the R3 Medium
Density Residential zone.
The maximum building height permitted for the site under Clause 4.3 of the LEP is 9
metres. The maximum proposed height is 7.4 metres.
Clause 4.4 of the LEP does not impose a maximum floor space ratio (FSR) for the site,
therefore, the scale of the development is limited by the density requirements of DCP
Part B Section 4 – Multi Dwelling Housing.
Accordingly, the proposal is considered satisfactory with regard to the LEP.
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 20
2. Compliance with The Hills Development Control Plan 2012
The proposal has been assessed against the provisions of DCP 2012 Part B Section 4 –
Multi Dwelling Housing and complies with all relevant development standards with the
exception of the following:
DEVELOPMENT
STANDARD
DCP
REQUIREMENTS
PROPOSED
DEVELOPMENT
COMPLIANCE
Solar Access –
Private Open Space
At least 80% of
dwellings have a
private open space
that receives direct
sunlight to 50% of
the required
courtyard area
between 9am and
3pm on 21 June. For
the remaining 20%
of units 50% of each
private open space
area is to receive
direct sunlight for 3
hours between 9am
and 3pm on June 21.
For the proposed
development, 5.6
dwellings are
required to receive
direct sunlight as
specified by the DCP
to achieve
compliance.
Shadow diagrams
and a solar access
table has been
submitted which
shows that three of
the seven dwellings
receive the required
solar access to
private open space
areas.
No, see below for
detail.
The objectives of Clause 3.12 of the DCP are:
(i) To provide private outdoor living space that is an extension of the dwelling
for the enjoyment of residents.
(ii) To provide private outdoor living space that receives a reasonable quantity
of sunshine during all months of the year.
(iii) To provide a service space for clothes drying.
The applicant has provided the following justification for the non-compliance:
‘In the current circumstances, when taking into account the lot orientation and the 5m
fall to the rear that makes strict compliance unachievable without a substantial reduction
in dwelling yield (to a point where the site is not financially viable), it is considered that
compliance with the control is unreasonable as the underlying intent of the control is
achieved. This is based on the following assessment:
The proposal complies with the maximum building height controls applying to the
site;
Townhouses 5 and 6 that receive the least solar access are still provided with an
area of 13m2 that will receive solar access for more than 3 hours in mid-winter.
This area is large enough to accommodate a table and chairs for all residents of
the townhouses in order to ensure that the winter sun can be enjoyed by
residents;
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 21
All residents have access to semi-private common open space areas that receive
adequate solar access throughout the yard including mid-winter;
The solar access provided to courtyards will facilitate the natural drying of clothes
without relying on mechanical dryers;
The proposal complies with the minimum private open space areas contained
within the DCP;
The sunlight access during the equinox will enable compliance with the DCP
provisions; and
The proposal complies with the minimum common open space requirements;
Given consistency with the other relevant planning controls it is contended that the
proposal provides an appropriate level of solar access to all townhouses. Therefore the
variation to the control is considered acceptable given the site context and design
response proposed.’
Comment:
Clause 3.12(a) of the DCP states that private open space equal to 50% of the dwelling
floor area is required to be provided. For the proposed development, the table below
shows the amount of private open space required by the DCP and what is proposed:
Dwelling
No.
Proposed
Dwelling
Floor Area
Minimum amount of private
open space required by the DCP
Private open
space proposed
1 135m2 67.5m2 87.5m2
2 135m2 67.5m2 119m2
3 110m2 55m2 130m2
4 110m2 55m2 113m2
5 136m2 68m2 68m2
6 136m2 68m2 68m2
7 110m2 55m2 97.9m2
The proposed development provides significantly more private open space than the
minimum required by the DCP for all but two of the dwellings, which still meet the
minimum DCP requirement.
A solar access table was submitted with the application as detailed below:
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 22
As can be seen in the table, Dwellings 1-3 achieve compliance with the DCP control. The
private open space area of Dwelling 4 achieves compliant solar access with the exception
of 9am only and Dwelling 7 with the exception of 2-3pm. Dwelling 5 only achieves
compliance at 3pm and Dwelling 6 never achieves compliant solar access. In summary,
only three of the seven dwellings meet the solar access requirements of the DCP.
The Land and Environment Court Planning Principle regarding ‘access to sunlight’ (from
The Benevolent Society v Waverley Council [2010] NSWLEC 1082, paragraph 144) states
that the ease with which sunlight access can be protected is inversely proportional to the
density of the development. At higher densities sunlight is harder to protect. For private
open space to be assessed as receiving adequate sunlight, the size of the open space
and the amount of it receiving sunlight should be taken into consideration. The smaller
the open space, the greater the proportion of it that requires sunlight for it to have
adequate solar amenity.
The subject site is situated on the southern side of Blenheim Road and falls away from
the street. As a result, the site is considered to be vulnerable to access to sunlight and
sunlight is harder to protect for properties which are vulnerable.
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 23
To mitigate this, Dwellings 1-3 utilise most of the north facing front setback area as
private open space and Dwellings 5 and 6 include small courtyard areas which are also
orientated north.
The variation is considered supportable as the development still satisfies the objectives
of the DCP. Every dwelling is provided with useable private open space which receives a
reasonable amount of sunlight despite the orientation and slope of the site. The
proposed design is considered to respond well to the topography of the lot and minimise
any adverse impact on adjoining lots. The submitted plans detail the clothes drying
facilities within each dwelling which are considered to be appropriately located.
Given the above, a variation to the solar access requirements for private open space is
considered to be satisfactory.
3. Issues Raised in Submissions
The Development Application was notified to adjoining properties and placed on public
exhibition for a period of 14 days. In response, four submissions were received during
the exhibition period. The issues raised within these received submissions are addressed
below:-
ISSUE/OBJECTION COMMENT OUTCOME
Traffic / Parking / Road
Safety
The road is only 3 car
widths wide and cars are
often parked on both sides
which is a safety hazard for
motorists driving down the
road and entering/exiting
driveways.
The primary mode of
transportation for residents
is private vehicle. A lot of
households have at least
two vehicles and park one
on the street.
The traffic from this
development will only
worsen the congestion and
create a more dangerous
situation for the young
children who walk to school
along Blenhiem Road.
In addition, the proposed
development will only
worsen the existing poor
condition of the road, both
during construction and
upon completion.
Blenheim Road is zoned R3 Medium
Density Residential and multi-
dwelling housing is a permissible
form of development in the zone.
The proposal has been assessed
against the relevant Australian
Standards, LEP and DCP controls
and demonstrates compliance with
only one exception, solar access.
The parking provided within the
site is considered to be sufficient to
cater to the needs of the
development and complies with the
DCP.
The proposal was reviewed by
Council’s Principal Co-ordinator –
Roads and Transport who advised
that the proposed development
would have minimal impact on the
existing road network in the
locality and that the imposition of
parking restrictions on Blenheim
Road is not warranted given the
scale of this development.
Should the quality of the road
become compromised, it should be
reported to Council so that repairs
may be undertaken.
Issue addressed.
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 24
ISSUE/OBJECTION COMMENT OUTCOME
Services – Water
The current water
infrastructure will be
impacted as more demand
will be placed on it as a
result of the proposal.
A condition of consent is
recommended which requires the
applicant to obtain a building plan
approval from Sydney Water prior
to work commencing
Any issues with water pressure
should be reported to Sydney
Water for further investigation.
Issue addressed –
refer to Condition
No. 32.
Asbestos
14-16 Blenheim Road
properties are very old and
in all possibility have
asbestos walls, roofs, eaves
etc. The development
application does not provide
any information about
asbestos handling during
pre and post demolition.
The objector runs a family
day care and asbestos dust
environment especially
during demolition could be
dangerous for all people
around. This is a serious
issue and Council needs to
address this.
A condition of consent is
recommended which addresses
demolition issues such as asbestos
being discovered on site and how it
should be managed.
Issue addressed –
refer to Condition
Nos. 17 and 47.
Drainage
There is a lot of
underground water which
comes from Felton Road
and Dunmore Ave which
may cause issues with the
proposed basement car
parking area.
The stormwater design for the
proposed development has been
prepared in response to issues
such as overland flow, localised
flooding and stormwater retention
and includes an onsite stormwater
detention system. Open pool style
fencing is proposed along the rear
and part of the side property
boundaries so the overland flow of
stormwater is not inhibited.
A number of conditions of consent
are recommended which requires
the development to be constructed
in accordance with the
requirements of the Building Code
of Australia and the submitted
drainage plans. The proposal has
also been reviewed by Council’s
Engineer and Environmental Health
Co-ordinator who raised no concern
with the proposed basement.
Issue addressed –
refer to Condition
Nos. 9, 10, 13, 23,
24 and 31.
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 25
ISSUE/OBJECTION COMMENT OUTCOME
During construction
If not diligently monitored,
the adjoining lot could be
affected by the proposed
excavation.
A condition of consent is
recommended which requires the
development to be constructed in
accordance with the requirements
of the Building Code of Australia.
The appointed principal certifying
authority will supervise the
construction of the development
and ensure it is done safely and in
accordance with all relevant
standards.
Issue addressed –
refer to Condition
No. 13.
A fence should be erected
around the site before
construction starts.
Temporary fencing is always
constructed around a site to ensure
safety and security is maintained.
The appointed principal certifying
authority will ensure fencing is
erected to comply with work cover
requirements.
Issue addressed.
When the magnolia tree is
removed on the eastern
side, the Christmas tree on
the adjoining lot should not
be damaged.
No approval is granted for the
pruning or removal of trees on the
adjoining properties.
Conditions of consent are
recommended which state that a
suitably qualified Arborist is
required to be appointed prior to
work commencing who is required
to be on site to supervise any
works in the vicinity of any trees
required to be retained both on the
site and on adjacent sites.
Issue addressed –
refer to Condition
Nos. 46 and 55.
ENGINEERING COMMENTS
Council’s Development Engineer has assessed the proposal and raised no objection
subject to conditions.
TREE MANAGEMENT COMMENTS
Council’s Senior Landuse Officer has assessed the proposal and raised no objection
subject to conditions.
ENVIRONMENTAL HEALTH & SUSTAINABILITY COMMENTS
Council’s Environmental Health Co-ordinator has assessed the proposal and raised no
objection subject to conditions.
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 26
RESOURCE RECOVERY COMMENTS
Council’s Resource Recovery Project Officer has assessed the proposal and raised no
objection subject to conditions.
TRAFFIC COMMENTS
The proposal was discussed with Council’s Principal Co-ordinator – Roads and Transport
who advised that a seven dwelling development would have little to no impact on the
existing road network in the locality and that the imposition of parking restrictions on
Blenheim Road is not warranted given the small scale of this development.
CONCLUSION
The Development Application has been assessed against the relevant heads of
consideration under Section 79C of the Environmental Planning and Assessment Act,
1979, The Hills Local Environmental Plan 2012 and the Hills Development Control Plan
2012 and is considered satisfactory. One variation to The Hills Development Control Plan
2012 is proposed and has been addressed in this report.
The concerns raised in the submissions received do not warrant further amendment or
refusal of the application.
Approval is recommended subject to conditions of consent.
IMPACTS
Financial
This matter has no direct financial impact upon Council's adopted budget or forward
estimates.
The Hills Future Community Strategic Plan
The proposed development is consistent with the planning principles, vision and
objectives outlined within “Hills 2026 – Looking Towards the Future” as the proposed
development provides for satisfactory growth without adverse environmental or social
amenity impacts.
The social and environmental impacts have been identified and addressed in the
report. The proposal provides a satisfactory design that does not compromise the
character of the locality and the Shire as a whole.
The proposal represents balanced urban growth, and the proposed medium density
residential development will complement the nature of the site. The proposal fits within
the context of the site and is considered to be consistent with the long-term direction
and goals for the locality.
RECOMMENDATION
The Development Application be approved subject to the following conditions of consent.
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 27
GENERAL MATTERS
1. Development in Accordance with Submitted Plans
The development being carried out in accordance with the following approved plans and
details, stamped and returned with this consent except where amended by other
conditions of consent.
REFERENCED PLANS AND DOCUMENTS
DRAWING NO. DESCRIPTION REVISION DATE
DA000 Cover Sheet C 08/02/2016
DA100 Site Analysis C 08/02/2016
DA200 Site Plan C 08/02/2016
DA201 Basement Floor Plan C 08/02/2016
DA202 Ground Floor Plan C 08/02/2016
DA203 First Floor Plan C 08/02/2016
DA204 Roof Plan C 08/02/2016
DA300 East and West Elevations C 08/02/2016
DA301 North and South Elevations C 08/02/2016
DA400 Sections C 08/02/2016
DA401 Sections C 08/02/2016
DA800 Erosion and Sediment Control Plan C 08/02/2016
- External Materials and Finishes - -
15141 DA1 Landscape Concept Plan C 30/03/2016
No work (including excavation, land fill or earth reshaping) shall be undertaken prior to
the issue of the Construction Certificate, where a Construction Certificate is required.
2. External Finishes
External finishes and colours shall be in accordance with the details submitted with the
development application and approved with this consent.
3. Tree Removal
Approval is granted for the removal of Tree 2 and 3 as detailed in the Arboricultural
Impact Assessment prepared by Redgum Horticultural (dated 1 July 2015) and shown
outlined in a dotted line in the Landscape Concept Plan prepared by Vison Dynamics Pty
Ltd (Revision C, dated 30/3/16)
Tree 1, Lophostemon confertus (Queensland Brush Box) is to remain and be protected
during all works. Suitable replacement trees are to be planted upon completion of
construction.
4. Separate Application for Strata Subdivision
The strata title subdivision of the development is not included. A separate development
application or complying development certificate application is required.
5. Protection of Public Infrastructure
Council must be notified of any damage to public infrastructure caused by the
development. Adequate protection must be provided prior to work commencing and
maintained during building operations. Any damage caused must be made good, to the
satisfaction of Council, before an Occupation Certificate can be issued. Public
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 28
infrastructure includes the road pavement, kerb and gutter, concrete footpaths, drainage
structures, utilities and landscaping fronting the site.
6. Structures Adjacent to Piped Drainage Easements
Buildings and structures, including footings and brick fences, adjacent to existing or
proposed drainage easements must be located wholly outside the easement. A design
must be provided by a structural engineer certifying that the structure will not impart a
load on the pipe in the easement.
7. Requirements for Council Drainage Easements
No works are permitted within existing or proposed public drainage easements unless
approved by Council. Where works are permitted, the following requirements must be
adhered to:
a) Provision for overland flow and access for earthmoving equipment must be
maintained.
b) The existing ground levels must not be altered. No overland flow is to be diverted out
of the easement.
c) No fill, stockpiles, building materials or sheds can be placed within the easement.
d) Open style fencing must be used. New or replacement fencing must be approved by
Council.
NOTE: The overland flow associate with the 1 in 100 year flooding extended outside the
easement into the subject site must not be obstructed. All structures i.e. fences and
stairs must be flow through to permit stormwater to pass.
8. Vehicular Access and Parking
The formation, surfacing and drainage of all driveways, parking modules, circulation
roadways and ramps are required, with their design and construction complying with:
a) AS/ NZS 2890.1
b) AS/ NZS 2890.6
c) Council’s DCP Part C Section 1 – Parking
d) Council’s Driveway Specifications
Where conflict exists the Australian Standard must be used.
The following must be provided:
i. All driveways and car parking areas must be prominently and permanently line
marked, signposted and maintained to ensure entry and exit is in a forward
direction at all times and that parking and traffic circulation is appropriately
controlled.
ii. All driveways and car parking areas must be separated from landscaped areas by
a low level concrete kerb or wall.
iii. All driveways and car parking areas must be concrete or bitumen. The design
must consider the largest design service vehicle expected to enter the site. In
rural areas, all driveways and car parking areas must provide for a formed all
weather finish.
iv. All driveways and car parking areas must be graded, collected and drained by pits
and pipes to a suitable point of legal discharge.
9. Minor Engineering Works
The design and construction of the engineering works listed below must be provided for
in accordance with the following documents and requirements:
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 29
a) Council’s Design Guidelines Subdivisions/ Developments
b) Council’s Works Specifications Subdivisions/ Developments
Any variance from these documents requires separate approval from Council.
Works on existing public roads or any other land under the care and control of Council
must be approved and inspected by Council in accordance with the Roads Act 1993 or
the Local Government Act 1993.
A separate minor engineering works application and inspection fee is payable as per
Council’s Schedule of Fees and Charges.
i. Driveway Requirements
The design, finish, gradient and location of all driveway crossings must comply with the
above documents and Council’s Driveway Specifications.
- The proposed driveways must be built to Council’s medium duty standard.
The driveway must be a minimum of 6m wide for the first 6m into the site, measured
from the boundary. On high level sites a grated drain must be provided on the driveway
at the property boundary.
A separate driveway application fee is payable as per Council’s Schedule of Fees and
Charges.
ii. Disused Layback/ Driveway Removal
All disused laybacks and driveways must be removed and replaced with kerb and gutter
together with the restoration and turfing of the adjoining footpath verge area.
iii. Footpath Verge Formation
The grading, trimming, topsoiling and turfing of the footpath verge fronting the
development site is required to ensure a gradient between 2% and 4% falling from the
boundary to the top of kerb is provided. This work must include the construction of any
retaining walls necessary to ensure complying grades within the footpath verge area. All
retaining walls and associated footings must be contained wholly within the subject site.
Any necessary adjustment or relocation of services is also required, to the requirements
of the relevant service authority. All service pits and lids must match the finished surface
level.
iv. Site Stormwater Drainage
The entire site area must be graded, collected and drained by pits and pipes to a suitable
point of legal discharge.
The stormwater connection to Council’s easement must be undertaken under the
supervision of Council.
10. Finished Floor Level – Flooding
The finished floor level (or levels) of the structure must reflect the approved plans and
are to be 500mm above the 1 in 100 year flood extend shown on the stormwater
drainage layout drawing SW002 prepared by HKMA Engineers.
11. Construction Certificate
Prior to construction of the approved development, it is necessary to obtain a
Construction Certificate. A Construction Certificate may be issued by Council or an
Accredited Certifier. Plans submitted with the Construction Certificate are to be amended
to incorporate the conditions of the Development Consent.
12. Demolition Notification
Both Council and any adjoining properties must be notified in writing five days before
demolition works commence.
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 30
13. Building Work to be in Accordance with BCA
All building work must be carried out in accordance with the provisions of the Building
Code of Australia.
14. Demolition Inspections
Before demolition works commence, a pre-demolition inspection must be arranged with
Council’s Development Certification team. All conditions required to be addressed before
works commence must be satisfied. Once demolition works are complete, a post
demolition inspection must be arranged with Council’s Development Certification team.
15. Adherence to Waste Management Plan
All requirements of the Waste Management Plan submitted to and approved by Council
must be implemented during the construction and/ or demolition phases of the
development. The information submitted can change provided that the same or a greater
level of reuse and recycling is achieved as detailed in the plan. Any material moved
offsite is to be transported in accordance with the requirements of the Protection of the
Environment Operations Act 1997 and only to a place that can lawfully be used as a
waste facility. Receipts of all waste/ recycling tipping must be kept onsite at all times
and produced in a legible form to any authorised officer of the Council who asks to see
them.
16. Provision of No Parking Signs
Provide 12 metres of No Parking 6:00am to 12:00pm Monday at the waste storage areas
(in front of TH 3 and along the property frontage). This is to aid waste collection.
17. Management of Construction and/or Demolition Waste
Waste materials must be appropriately stored and secured within a designated waste
area onsite at all times, prior to its reuse onsite or being sent offsite. This includes waste
materials such as paper and containers which must not litter the site or leave the site
onto neighbouring public or private property. A separate dedicated bin must be provided
onsite by the builder for the disposal of waste materials such as paper, containers and
food scraps generated by all workers. Building waste containers are not permitted to be
placed on public property at any time unless a separate application is approved by
Council to locate a building waste container in a public place. Any material moved offsite
is to be transported in accordance with the requirements of the Protection of the
Environment Operations Act 1997 and only to a place that can lawfully be used as a
waste facility. The separation and recycling of the following waste materials is required:
metals, timber, masonry products and clean waste plasterboard. This can be achieved by
source separation onsite, that is, a bin for metal waste, a bin for timber, a bin for bricks
and so on. Alternatively, mixed waste may be stored in one or more bins and sent to a
waste contractor or transfer/sorting station that will sort the waste on their premises for
recycling. Receipts of all waste/recycling tipping must be kept onsite at all times and
produced in a legible form to any authorised officer of the Council who asks to see them.
Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square
metres or more of asbestos sheeting) must provide information to the NSW EPA
regarding the movement of waste using their WasteLocate online reporting tool
www.wastelocate.epa.nsw.gov.au.
18. Surplus Excavated Material
The disposal of surplus excavated material, other than to a licenced waste facility, is not
permitted without the formal approval of Council prior to works commencing onsite. Any
unauthorized disposal of waste, which includes excavated material, is a breach of the
Protection of the Environment Operations Act 1997 and subject to substantial penalties.
Receipts of all waste/ recycling tipping must be kept onsite at all times and produced in a
legible form to any authorised officer of the Council who asks to see them.
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 31
19. Commencement of Domestic Waste Service
The property owner or agent acting for the owner must ensure to arrange the
commencement of a domestic waste service with Council. The service is to be arranged
no earlier than two days prior to occupancy and no later than two days after occupancy
of the development. All requirements of Council’s domestic collection service must be
complied with at all times. Please telephone Council on (02) 9843 0310 for the
commencement of waste services.
20. Property Numbering for Integrated Housing, Multi Unit Housing,
Commercial Developments and Industrial Developments
The responsibility for property numbering is vested solely in Council.
The property address for this development is:
Dwellings 1-7/14 Blenheim Road Carlingford (unit numbering as per submitted plans)
These numbers, unless otherwise approved by Council in writing, are to be displayed
clearly on all door entrances.
Clear and accurate external directional signage is to be erected on site at driveway entry
points and on buildings. Unit numbering signage is also required on stairway access
doors and lobby entry doors. It is essential that all numbering signage throughout the
complex is clear to assist emergency service providers locate a destination with ease and
speed.
21. Basement Car Park Ventilation
The ventilation for the basement Car park is to comply with the applicable provisions of
AS 1668.
22. Construction of Waste Storage Areas
The larger waste storage area must provide minimum storage for 7 x 240L garbage bins
and 7 x 240L recycling bins, and the smaller area for 2 x 240L garden organics bins. The
measurements of a 240L bin are 735mm (d), 580mm (w) and 1080mm (h). All work
involving construction of these areas must comply with the following requirements:
a) The layout must ensure that each bin is easily accessible and manoeuvrable in
and out of the waste storage area with minimal or no manual handling of other
bins.
b) The walls must be constructed of constructed of brickwork that is a minimum
height of 1.5m.
c) The floor must be constructed of concrete with a smooth non-slip finish, graded
and drained to sewer or landscaped areas. The waste storage area must be
roofed if drained to sewer.
d) Sliding slat screening should be incorporated into the design of the larger waste
storage area to discreetly screen the bins from view (as much as possible) from
the pedestrian walkway.
e) A hose tap, connected to a water supply, must be provided to facilitate bin
washing. If the bin is located inside the waste storage area, it is not to conflict
with the space designated for the placement of bins.
f) The maximum grade acceptable for moving bins for collection purposes is 7%.
Under no circumstance is this grade to be exceeded.
g) Finishes and colours of the waste storage area are to complement the design of
the development.
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 32
PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE
23. Onsite Stormwater Detention – Upper Parramatta River Catchment Area
Onsite Stormwater Detention (OSD) is required in accordance with Council’s adopted
policy for the Upper Parramatta River catchment area, the Upper Parramatta River
Catchment Trust OSD Handbook.
The stormwater concept plan prepared by HKMA Engineers Drawing 2003-DA (SW001-
SW004) Revision ‘D and A’ dated 12/02/2016 is for development application purposes
only and is not to be used for construction. The detailed design must reflect the
approved concept plan and the following necessary changes:
a) Gutters and down pipes along the bypass area must be designed to cater for a 1 in
100 ARI storm event. No over flow from gutters shall contribute to the bypass area.
Comprehensive design plans showing full construction details must be prepared by an
accredited OSD designer and submitted with:
- A completed OSD Drainage Design Summary Sheet;
- Drainage calculations and details, including those for all weirs, overland flow paths
and diversion (catch) drains, catchment areas, times of concentration and estimated
peak run-off volumes;
- A completed OSD Detailed Design Checklist;
- A maintenance schedule.
The design and construction of the OSD system must be approved by either Council or
an accredited certifier. This certification must be included with the documentation
approved as part of any Construction Certificate.
A Design Compliance Certificate (DCC) certifying the detailed design of the OSD system
can be issued by Council subject to the following being provided:
i. A completed application form;
ii. Four copies of the design plans and specifications;
iii. Payment of the applicable application and inspection fees.
24. Stormwater Pump/ Basement Car Park Requirements
The stormwater pump-out system must be designed and constructed in accordance with
AS/ NZS 3500.3:2015 - Plumbing and Drainage - Stormwater drainage. The system
must be connected to the Onsite Stormwater Detention system before runoff is
discharged to the street (or other point of legal discharge) along with the remaining site
runoff, under gravity. All plans, calculations, hydraulic details and manufacturer
specifications for the pump must be submitted with certification from the designer
confirming compliance with the above requirements.
25. Works in Existing Easement
All adjoining properties either benefited or burdened by the existing easement must be
notified of the proposed works within the easement in writing, including commencement
and completion dates, before a Construction Certificate is issued.
26. Draft Legal Documents
Where an encumbrance on title is required to be created as part of this consent, draft
copies of all legal documents must be submitted to Council for checking before a
Construction Certificate is issued.
27. Security Bond – Road Pavement and Public Asset Protection
In accordance with Section 80A(6)(a) of the Environmental Planning and Assessment Act
1979, a security bond of $40,000.00 is required to be submitted to Council to guarantee
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 33
the protection of the road pavement and other public assets in the vicinity of the site
during construction works.
The bond must be lodged with Council before a Construction Certificate is issued.
The bond is refundable upon written application to Council and is subject to all work
being restored to Council’s satisfaction. Should the cost of restoring any damage exceed
the value of the bond, Council will undertake the works and issue an invoice for the
recovery of these costs.
28. Security Bond Requirements
A security bond may be submitted in lieu of a cash bond. The security bond must:
a) Be in favour of The Hills Shire Council;
b) Be issued by a financial institution or other accredited underwriter approved by,
and in a format acceptable to, Council (for example, a bank guarantee or
unconditional insurance undertaking);
c) Have no expiry date;
d) Reference the development application, condition and matter to which it relates;
e) Be equal to the amount required to be paid in accordance with the relevant
condition;
f) Be itemised, if a single security bond is used for multiple items.
Should Council need to uplift the security bond, notice in writing will be forwarded to the
applicant 14 days prior.
29. Section 94 Contribution
The following monetary contributions must be paid to Council in accordance with Section
94 of the Environmental Planning and Assessment Act, 1979, to provide for the
increased demand for public amenities and services resulting from the development.
Payments comprise of the following:-
The contributions above are applicable at the time this consent was issued. Please be
aware that Section 94 contributions are updated quarterly.
Prior to payment of the above contributions, the applicant is advised to contact Council’s
Development Contributions Officer on 9843 0268. Payment must be made by cheque or
credit/debit card. Cash payments will not be accepted.
This condition has been imposed in accordance with Contributions Plan No 7.
Council’s Contributions Plans can be viewed at www.thehills.nsw.gov.au or a copy may
be inspected or purchased at Council’s Administration Centre.
30. Acoustic Assessment for Driveway Noise
Prior to the issue of a Construction Certificate advice is to be sought from an acoustic
consultant in regards to protecting the occupants of 12 Blenheim Road Carlingford from
the noise of vehicles entering and leaving the subject premises. The acoustic advice is to
be provided to the Certifying Authority. The acoustic consultant is to provide
recommendations to minimise vehicle noise so that the LAeq of vehicle noise is not more
than 5db above the background noise level.
Purpose: 2
bedroom
Purpose: 3
bedroom
Purpose:
Credit
No. of 2
bedrooms: 3
No. of 3
bedrooms: 4Sum of Units
No. of
Credits: 2Total S94
Community Facilities - Capital 166.24$ 213.75$ 277.02$ 498.72$ 855.00$ 1,353.72$ 554.04$ 799.68$
Community Facilities - Land 10.26$ 13.20$ 17.11$ 30.78$ 52.80$ 83.58$ 34.22$ 49.36$
Open Space - Capital 194.92$ 250.65$ 324.88$ 584.76$ 1,002.60$ 1,587.36$ 649.76$ 937.60$
Open Space - Land 2,298.40$ 2,955.10$ 3,830.66$ 6,895.20$ 11,820.40$ 18,715.60$ 7,661.32$ 11,054.28$
Roads & Traffic - Capital 8.10$ 10.43$ 13.50$ 24.30$ 41.72$ 66.02$ 27.00$ 39.02$
Total 2,677.92$ 3,443.13$ 4,463.17$ 8,033.76$ 13,772.52$ 21,806.28$ 8,926.34$ 12,879.94$
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
PAGE 34
31. Flood Protection Requirements
Structural elements of the proposed dwelling directly adjacent to and below the 1 in 100
year flood level are to be assessed and certified by a specialist structural engineer
having regard to the following parameters for design (as a minimum):
Hydraulic loadings (flow depth, flow velocity)
Hydrostatic pressures (buoyancy)
Debris impact loadings
Saturated ground conditions
Shear stress and scour forces around and downstream of the structures
Any other relevant design considerations
Design and certification for required structural elements is to be assessed against the
predicted 100 year Average Recurrence Interval (ARI) flood flow behaviour expected to
be experienced at the site.
PRIOR TO WORK COMMENCING ON THE SITE
32. Sydney Water Building Plan Approval
A building plan approval must be obtained from Sydney Water Tap in™ to ensure that
the approved development will not impact Sydney Water infrastructure.
A copy of the building plan approval receipt from Sydney Water Tap in™ must be
submitted to the Principal Certifying Authority upon request prior to works commencing.
Please refer to the website http://www.sydneywater.com.au/tapin/index.htm, Sydney
Water Tap in™, or telephone 13 20 92.
33. Tree Protection Fencing
Prior to any works commencing on site Tree Protection Fencing and measures must be in
place around tree 1 nominated for retention. The location of fencing shall be installed
according Tree Protection Plan as per Arborist report for project (Arboriculture Impact
Assessment prepared by Redgum Horticultural, dated 1 July 2015).
The erection of a minimum 1.8m chain-wire fence to delineate the TPZ is to stop the
following occurring:
Stockpiling of materials within TPZ;
Placement of fill within TPZ;
Parking of vehicles within the TPZ;
Compaction of soil within the TPZ;
Cement washout and other chemical or fuel contaminants within TPZ; and
Damage to tree crown.
34. Tree Protection Signage
Prior to any works commencing on site a Tree Protection Zone sign must be attached to
the Tree Protection Fencing stating “Tree Protection Zone No Access” (The lettering size
on the sign shall comply with AS1319). Access to this area can only be authorised by the
project arborist or site manager.
35. Mulching within Tree Protection Zone
Prior to any works commencing on site all areas within the Tree Protection Zone are to
be mulched with composted leaf mulch to a depth of 100mm.
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36. Trenching within Tree Protection Zone
Any trenching for installation of drainage, sewerage, irrigation or any other services shall
not occur within the Tree Protection Zone of trees identified for retention without prior
notification to Council (72 hours notice) or under supervision of a project arborist.
If supervision by a project arborist is selected, certification of supervision must be
provided to the Certifying Authority within 14 days of completion of trenching works.
37. Separate OSD Detailed Design Approval
No work is to commence until a detailed design for the OSD system has been approved
by either Council or an accredited certifier.
38. Public Infrastructure Inventory Report
A public infrastructure inventory report must be prepared and submitted to Council
recording the condition of all public assets in the direct vicinity of the development site.
This includes, but is not limited to, the road fronting the site along with any access route
used by heavy vehicles. If uncertainty exists with respect to the necessary scope of this
report, it must be clarified with Council before works commence. The report must
include:
a) Planned construction access and delivery routes; and
b) Dated photographic evidence of the condition of all public assets.
39. Management of Building Sites – Builder’s Details
The erection of suitable fencing or other measures to restrict public access to the site
and building works, materials or equipment when the building work is not in progress or
the site is otherwise unoccupied.
The erection of a sign, in a prominent position, stating that unauthorised entry to the
site is not permitted and giving an after hours’ contact name and telephone number. In
the case of a privately certified development, the name and contact number of the
Principal Certifying Authority.
40. Consultation with Service Authorities
Applicants are advised to consult with Telstra, NBN Co and Australia Post regarding the
installation of telephone conduits, broadband connections and letterboxes as required.
Unimpeded access must be available to the electricity supply authority, during and after
building, to the electricity meters and metering equipment.
The building plans must be submitted to the appropriate Sydney Water office to
determine whether the development will affect Sydney Water’s sewer and water mains,
stormwater drains and/or easements. If the development complies with Sydney Water’s
requirements, the building plans will be stamped indicating that no further requirements
are necessary.
41. Principal Certifying Authority
A sign is to be erected in accordance with Clause 98 A (2) of the Environmental Planning
and Assessment Regulations 2000.
42. Approved Temporary Closet
An approved temporary closet connected to the sewers of Sydney Water, or alternatively
an approved chemical closet is to be provided on the land, prior to building operations
being commenced.
43. Erosion and Sedimentation Controls
Erosion and sedimentation controls shall be in place prior to the commencement of site
works; and maintained throughout construction activities until the site is landscaped
and/or suitably revegetated. The controls shall be in accordance with the details
approved by Council and/or as directed by Council Officers. These requirements shall be
in accordance with Managing Urban Stormwater – Soils and Construction produced by
the NSW Department of Housing (Blue Book).
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44. Stabilised Access Point
A stabilised all weather access point is to be provided prior to commencement of site
works, and maintained throughout construction activities until the site is stabilised. The
controls shall be in accordance with the requirements with the details approved by
Council and/or as directed by Council Officers. These requirements shall be in
accordance with Managing Urban Stormwater – Soils and Construction produced by the
NSW Department of Housing (Blue Book).
45. Builder and PCA Details Required
Notification in writing of the builder’s name, address, telephone and fax numbers to be
submitted to the Principal Certifying Authority prior to work commencing.
Two days before work commences, Council shall be notified of the Principal Certifying
Authority in accordance with the Regulations.
46. Engagement of a Project Arborist
Prior to works commencing, a Project Arborist (minimum AQF Level 5) is to be appointed
and the following details provided to The Hills Shire Council’s Manager – Environment &
Health:
a) Name:
b) Qualification/s:
c) Telephone number/s:
d) Email:
If the Project Arborist is replaced, Council is to be notified in writing of the reason for the
change and the details of the new Project Arborist provided within 7 days.
47. Demolition Works and Asbestos Management
The demolition of any structure is to be carried out in accordance with the Work Health
and Safety Act 2011. All vehicles transporting demolition materials from the site are to
have covered loads and are not to track any soil or waste materials on the road. Should
demolition works obstruct or inconvenience pedestrian or vehicular traffic on adjoining
public road or reserve, a separate application is to be made to Council to enclose the
public place with a hoard or fence. All demolition works involving the removal and
disposal of asbestos (of an area more than 10 square metres) must only be undertaken
by a licenced asbestos removalist who is licenced to carry out the work. Transporters of
asbestos waste (of any load over 100kg of asbestos waste or 10 square metres or more
of asbestos sheeting) must provide information to the NSW EPA regarding the movement
of waste using their WasteLocate online reporting tool www.wastelocate.epa.nsw.gov.au.
Asbestos removal must be carried out in accordance with the WorkCover, Environment
Protection Authority and Office of Environment and Heritage requirements. Asbestos to
be disposed of must only be transported to waste facilities licenced to accept asbestos.
No asbestos products are to be reused on the site.
48. Discontinuation of Domestic Waste Services
Council provides a domestic waste service to the property subject to this Development
Application. This service must be cancelled prior to demolition of the existing dwelling or
where the site ceases to be occupied during works, whichever comes first. You will
continue to be charged where this is not done. No bins provided as part of the domestic
waste service are to remain on site for use by construction workers, unless previous
written approval is obtained from Council. To satisfy this condition, the Principal
Certifying Authority must contact Council on (02) 9843 0310 at the required time
mentioned above to arrange for the service to be discontinued and for any bins to be
removed from the property by Council.
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DURING CONSTRUCTION
49. Hours of Work
Work on the project to be limited to the following hours: -
Monday to Saturday - 7.00am to 5.00pm;
No work to be carried out on Sunday or Public Holidays.
The builder/contractor shall be responsible to instruct and control sub-contractors
regarding the hours of work.
50. Roof Water Drainage
Gutter and downpipes to be provided and connected to an approved drainage system
upon installation of the roof covering.
51. Survey Report
Survey Certificate to be submitted to the Principal Certifying Authority at footings and/or
formwork stage. The certificate shall indicate the location of the building in relation to all
boundaries, and shall confirm the floor level prior to any work proceeding on the
building.
52. Compliance with BASIX Certificate
Under clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a
condition of this Development Consent that all commitments listed in BASIX Certificate
No. 651764M_04 are to be complied with. Any subsequent version of this BASIX
Certificate will supersede all previous versions of the certificate.
A Section 96 Application may be required should the subsequent version of this BASIX
Certificate necessitate design changes to the development. However, a Section 96
Application will be required for a BASIX Certificate with a new number.
53. Compliance with Critical Stage Inspections and Other Inspections
Nominated by the Principal Certifying Authority
Section 109E(3)(d) of the Act requires certain specific inspections (prescribed by Clause
162A of the Regulations) and known as “Critical Stage Inspections” to be carried out for
building work. Prior to permitting commencement of the work, your Principal Certifying
Authority is required to give notice of these inspections pursuant to Clause 103A of the
Regulations.
N.B. An Occupation Certificate cannot be issued and the building may not be able to be
used or occupied where any mandatory critical stage inspections or other inspections
required by the Principal Certifying Authority are not carried out.
Where Council is nominated as Principal Certifying Authority, notification of all
inspections required is provided with the Construction Certificate approval.
NOTE: You are advised that inspections may only be carried out by the PCA
unless by prior agreement of the PCA and subject to that person being an
accredited certifier.
54. Dust Control
The emission of dust must be controlled to minimise nuisance to the occupants of the
surrounding premises. In the absence of any alternative measures, the following
measures must be taken to control the emission of dust:
Dust screens must be erected around the perimeter of the site and be kept in good
repair for the duration of the construction work;
All dusty surfaces must be wet down and suppressed by means of a fine water
spray. Water used for dust suppression must not cause water pollution; and
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All stockpiles of materials that are likely to generate dust must be kept damp or
covered.
55. Project Arborist
The Project Arborist must be on site to supervise any works in the vicinity of or within
the Tree Protection Zone (TPZ) of any trees required to be retained on the site or any
adjacent sites.
The Project Arborist must ensure that works within the vicinity of Tree 1 are undertaken
in accordance with the recommendations contained within the Arboricultural Impact
Assessment prepared by Redgum Horticultural (dated 1 July 2015).
Supervision of the works shall be certified by the Project Arborist and a copy of such
certification shall be submitted to the Private Certifying Authority within 14 days of
completion of the works.
PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE
56. Section 73 Certificate must be submitted to the Principal Certifying
Authority before the issuing of an Occupation Certificate
A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained
from Sydney Water Corporation.
Make early application for the certificate, as there may be water and sewer pipes to be
built and this can take some time. This can also impact on other services and building,
driveway or landscape design.
Application must be made through an authorised Water Servicing Coordinator. For help
either visit www.sydneywater.com.au > Building and developing > Developing your land
> water Servicing Coordinator or telephone 13 20 92.
The Section 73 Certificate must be submitted to the Principal Certifying
Authority before occupation of the development/release of the plan of
subdivision.
57. Landscaping Prior to Issue of Occupation Certificate
Landscaping of the site shall be carried out prior to issue of the Final Occupation
Certificate in accordance with the Landscape Concept Plan prepared by Vision Dynamics
pty ltd, (Revision C, dated 30.3.16).
All landscaping is to be maintained at all times in accordance with THDCP Part C, Section
3 – Landscaping and the approved landscape plan.
58. Completion of Engineering Works
An Occupation Certificate must not be issued prior to the completion of all engineering
works covered by this consent, in accordance with this consent.
59. Public Infrastructure Inventory Report - Post Construction
Before an Occupation Certificate is issued, an updated public infrastructure inventory
report must be prepared and submitted to Council. The updated report must identify any
damage to public assets and the means of rectification for the approval of Council.
60. Consolidation of Allotments
All allotments included in this consent must be consolidated into a single allotment
before an Occupation Certificate is issued. A copy of the registered plan must be
submitted to Council.
61. Pump System Certification
Certification that the stormwater pump system has been constructed in accordance with
the approved design and the conditions of this approval must be provided by a suitably
qualified hydraulic engineer.
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62. OSD System Certification
The Onsite Stormwater Detention (OSD) system must be completed to the satisfaction of
the Principal Certifying Authority (PCA) prior to the issuing of an Occupation Certificate.
The following documentation is required to be submitted upon completion of the OSD
system and prior to a final inspection:
a) Works as executed plans prepared on a copy of the approved plans;
b) A certificate of hydraulic compliance (Form B.11) from a suitably qualified engineer
or surveyor verifying that the constructed OSD system will function hydraulically;
c) A certificate of structural adequacy from a suitably qualified structural engineer
verifying that the structures associated with the constructed OSD system are
structurally adequate and capable of withstanding all loads likely to be imposed on
them during their lifetime.
Where Council is not the PCA a copy of the above documentation must be submitted to
Council.
63. Creation of Restrictions / Positive Covenants
Before an Occupation Certificate is issued the following restrictions/ positive covenants
must be registered on the title of the subject site via a request document, Section 88B
instrument associated with a plan or the like. Council’s standard recitals must be used.
i. Restriction – Bedroom Numbers
The subject site must be burdened with a restriction using the “bedroom
numbers” terms included in the standard recitals.
ii. Restriction/ Positive Covenant – Onsite Stormwater Detention
The subject site must be burdened with a restriction and a positive covenant
using the “onsite stormwater detention systems” terms included in the standard
recitals.
iii. Positive Covenant – Stormwater Pump
The subject site must be burdened with a restriction and a positive using the
“basement stormwater pump system” terms included in the standard recitals.
64. Final Inspection of Waste Storage Areas
Prior to an Occupation Certificate being issued, a final inspection of the waste storage
areas and management facilities must be arranged by the Principal Certifying Authority
and must be undertaken by Council. This is to ensure compliance with Council’s design
specifications and that necessary arrangements are in place for waste collection by
Council. The time for the inspection must be arranged with Council at least 48 hours
prior to the Principal Certifying Authority’s suggested appointment time.
65. Acoustic Consultant Recommendations for an Acoustic Barrier as a
Boundary Fence
Should the recommendation from an acoustic consultant in the assessment of noise from
vehicles entering or leaving the premises be to provide an acoustic barrier as a boundary
fence up to 1.8 metres in height, the fence must be provided prior to the issue of an
occupation certificate.
THE USE OF THE SITE
66. Offensive Noise
The use of the premises, building services, equipment, machinery and ancillary fittings
shall not give rise to “offensive noise” as defined under the provisions of the Protection
of the Environment Operation Act 1997.
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67. Waste and Recycling Management
A caretaker must be engaged by the Owners Corporation to move all bins to and from
the waste storage areas and the waste collection point (between the no parking signs
along Blenheim Road) on the allocated days of collection as determined by Council. All
waste servicing instructions from Council must be complied with at all times. Caretakers
must also be responsible for washing bins and their storage areas and arranging the
prompt removal of dumped rubbish.
ATTACHMENTS
1. Locality Plan
2. Aerial Photograph
3. Landscape Plan
4. Elevations
5. Photo Montage
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
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ATTACHMENT 1 – LOCALITY PLAN
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ATTACHMENT 2 – AERIAL PHOTOGRAPH
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ATTACHMENT 3 – LANDSCAPE PLAN
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ATTACHMENT 4 – ELEVATIONS
Front Elevation
Rear Elevation
East Elevation
West Elevation
DEVELOPMENT ASSESSMENT UNIT MEETING 26 APRIL, 2016
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ATTACHMENT 5 – PHOTO MONTAGE