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LOCAL PLANNING PANEL – The Hills Shire Wednesday, 20 February 2019

LOCAL PLANNING PANEL The Hills Shire...LOCAL PLANNING PANEL MEETING 20 FEBRUARY, 2019 THE HILLS SHIRE PAGE 5 PROPOSAL The Development Application seeks consent for a self-storage facility

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Page 1: LOCAL PLANNING PANEL The Hills Shire...LOCAL PLANNING PANEL MEETING 20 FEBRUARY, 2019 THE HILLS SHIRE PAGE 5 PROPOSAL The Development Application seeks consent for a self-storage facility

LOCAL PLANNING PANEL – The Hills Shire

Wednesday, 20 February 2019

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LOCAL PLANNING PANEL MEETING 20 FEBRUARY, 2019 THE HILLS SHIRE

ITEM SUBJECT PAGE

ITEM-1 DA 1946/2018/HC - CONSTRUCTION OF A SELF-

STORAGE FACILITY - LOT 1 DP 1232824 AND PART LOT 19 DP 1111404, NO. 739 WINDSOR ROAD, BOX HILL

3

ITEM-2 DA 694/2019/HA - ALTERATIONS AND ADDITIONS TO TENANCY 200 TO EXPAND THE TENANCY INTO THE ADJOINING LOADING DOCK - LOT 600 DP 1025421, CASTLE TOWERS SHOPPING CENTRE, NO. 6-14 CASTLE STREET, CASTLE HILL

60

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ITEM-1 DA 1946/2018/HC - CONSTRUCTION OF A SELF-STORAGE FACILITY - LOT 1 DP 1232824 AND PART LOT 19 DP 1111404, NO. 739 WINDSOR ROAD, BOX 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: 20 FEBRUARY 2019 LOCAL PLANNING PANEL

AUTHOR: DEVELOPMENT ASSESSMENT COORDINATOR ROBERT BUCKHAM

RESPONSIBLE OFFICER: MANAGER DEVELOPMENT ASSESSMENT PAUL OSBORNE

Applicant Planning Consultant Architect/Designer

Mogul Stud Pty Ltd and Jundu Pty Ltd Planning Ingenuity Michael Standley and Associates

Owner Mogul Stud Pty Ltd and Jundu Pty Ltd

Notification and Advertising 31 days

Number Advised 33

Number of Submissions Nil

Zoning IN2 Light Industrial

Site Area 11,197m2

List of all relevant s4.15(1)(a) matters

Section 4.15 (EP&A Act) – Satisfactory. SEPP 55 – Contaminated Land - Satisfactory SEPP No. 64 – Advertising and Signage - Satisfactory SEPP Sydney Region Growth Centres – Variation, see report SEPP Infrastructure (2007) - Satisfactory Box Hill DCP – Variation, see report The Hills DCP 2012 - Satisfactory Section 7.12 Contribution: $1,167,391.20

Political Donation None Disclosed

Reason for Referral to LPP Variation to SEPP Standard that exceeds 10%

Recommendation Approval subject to conditions

EXECUTIVE SUMMARY The application seeks consent for the construction of a self-storage building with associated earthworks, landscaping and car parking. The site subject is zoned IN2 Light Industrial under SEPP Sydney Regional Growth Centres and is within the Box Hill Release Area.

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This application is accompanied by requests to vary development standards pursuant to Clause 4.6 of the SEPP. The proposal seeks to vary Clause 4.3 Building Height, and Clause 4.4 Floor Space Ratio. The SEPP limits the floor space ratio (FSR) of the site to 0.7:1. The proposed development has an FSR of 1.08:1. The proposed development is considered satisfactory in terms of the built form outcome as it is considered to be consistent with that of a development with compliant FSR, primarily as the additional floor space only relates to additional lightweight mezzanine levels. The provision of additional floor space for storage will also support the anticipated population for the Box Hill release area which is expected to be higher than originally planned. The building height variation is minor and primarily relates to a change in existing and finished ground levels, and the provision of a flat building platform and does not unnecessarily contribute to the bulk and scale of the proposal. The Applicant has also provided a Clause 4.6 variation request in relation to lot size however it is considered unnecessary for this application as this application does not seek to create an undersize lot. The application relates to 739 Windsor Road (Lot 1 DP 1232824) and a small portion of 741 Windsor Road (Lot 19 DP 1111404) which contains a 264 square metre lot of IN2 zoned land (where the SEPP has a mapped minimum lot size of 8,000 square metres). The Applicant wishes for the properties to remain in separate ownership rather than consolidate. However it is appropriate that the site be consolidated or a boundary adjustment occur along the zone boundaries. In relation to recent judgments of the Land and Environment Court, and for the reasons identified in this report and the Applicant’s Clause 4.6 Variation Requests, it is considered that the applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6(3), and clause 4.6(4) are satisfied as the proposed development will be in the public interest because it is consistent with the objectives of the Height and Floor Space Ratio standards and the objectives for development within the IN2 Light Industrial zone. The application was advertised and notified to adjoining properties. No submissions were received. The application is recommended for approval. BACKGROUND The Development Application was lodged on 04 May 2018. Additional information was sought from the Applicant on the 17 August 2018 in relation to Building Height, Parking, Hours of Operation, Salinity, Landscaping, Engineering and comments received from Roads and Maritime Services. Additional information was submitted on 19 September 2018. Roads and Maritime Services had requested that a dedicated deceleration lane be provided to allow for safe entry to the site from Windsor Road. RMS also requested a minimum 3.5m of land from the property boundary (the whole site frontage on Windsor Road) for reinstating the deceleration lane in future when widening of Windsor Road occurs. The Applicant has subsequently amended the application to provide the details requested by the RMS. Initially the proposal included 121 car spaces. The traffic and parking report provided identified that 11 car spaces were required for the use. The amended proposal provided 32 spaces and retained hard stand areas which were previously used for parking. It is considerd that these spaces could be used in conjunction with the use for storage purposes. Rather than request further amendments from the Applicant, it is recommended that these areas be turfed, refer Condition 1 and Attachment 9.

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PROPOSAL The Development Application seeks consent for a self-storage facility. The building has five levels containing three levels of storage units with removable storage racking above Level 1 and Level 2. The building has a total gross floor area of 12,130m2. Vehicular access to the site will be from Windsor Road. The proposal is to be built in two stages. Stage 2 will be undertaken as demand for space increases. The staging will be addressed by staged construction certificates. The premises are to be staffed during the hours of:

Monday to Friday 7.30am to 5.30pm, Saturday 8.00am to 4.00pm; and Sunday and Public Holidays 10.00am to 4.00pm.

The facility will be unstaffed where customers can gain access (via pin code)

Monday to Friday between 6.00am to 7.30am; and 5.30pm to 10.00pm; Saturday between 7.00am to 8.00am and 4.00pm to 8.00pm, and Sunday and Public Holidays between 7.00am to 10.00am and 4.00pm to 8.00pm.

The proposal includes “Storage King” signage and coloured banding on the southern, eastern and western facades. ISSUES FOR CONSIDERATION 1. Compliance with SEPP (Sydney Region Growth Centres) 2006 (i) Permissibility The proposal is defined as a retail and office premises which are defined as follows: “self-storage units” means storage premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials). Pursuant to the Land Use Table in Appendix 11 The Hills Growth Centre Precincts Plan, self-storage units are permitted with consent within the IN2 Light Industrial zone. (ii) Zone Objectives The objectives of the IN2 Light Industrial zone are:

To provide a wide range of light industrial, warehouse and related land uses. To encourage employment opportunities and to support the viability of centres. To minimise any adverse effect of industry on other land uses. To enable other land uses that provide facilities or services to meet the day to

day needs of workers in the area. To support and protect industrial land for industrial uses

The proposed development is consistent with the above objectives in that:

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it will provide a use that will serve the needs of people who live in, work in and

visit the local area.; it will provide employment opportunities; the use will support the needs of workers in the area and other industrial land

uses (iii) Development Standards The following development standards of the SEPP relevant to the subject proposal:

CLAUSE REQUIRED PROVIDED COMPLIES

4.3 Height of buildings

18 metres 19.65 metres No, 1.65m (9.1%) variation is proposed.

4.4 Floor Space Ratio

0.7:1 (7,838m2) 1.08:1 (12,130m2) No, a 4,292m2 (54.8%) variation is proposed.

4.6 Exceptions to development standards

Exceptions will be considered subject to appropriate assessment.

Variations are proposed to floor space ratio and gross floor area which are addressed below.

Yes

(iv) Variation to Height SEPP (Sydney Region Growth Centres) 2006 limits the height of the development site to 18 metres. The proposal has a maximum height of 19.65 metres, a variation of 1.65 metres or 9.1% is sought: The applicant has provided a Clause 4.6 Variation which is provided at Attachment 10. Clause 4.6 Exceptions to Development Standards states as follows:

(1) The objectives of this clause are as follows:

(a) to provide an appropriate degree of flexibility in applying certain development

standards to particular development, (b) to achieve better outcomes for and from development by allowing flexibility in

particular circumstances.

(2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3) Development consent must not be granted for development that contravenes a

development standard unless the consent authority has considered a written request

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from the applicant that seeks to justify the contravention of the development standard by demonstrating: (a) that compliance with the development standard is unreasonable or unnecessary

in the circumstances of the case, and (b) that there are sufficient environmental planning grounds to justify contravening

the development standard. (4) Development consent must not be granted for development that contravenes a

development standard unless: (a) the consent authority is satisfied that:

(i) the applicant’s written request has adequately addressed the matters required

to be demonstrated by subclause (3), and (ii) the proposed development will be in the public interest because it is

consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b) the concurrence of the Director-General has been obtained.

(5) In deciding whether to grant concurrence, the Director-General must consider:

(a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

(b) the public benefit of maintaining the development standard, and (c) any other matters required to be taken into consideration by the Director-General

before granting concurrence. (6) Development consent must not be granted under this clause for a subdivision of land

in Zone E2 Environmental Conservation if: (a) the subdivision will result in 2 or more lots of less than the minimum area

specified for such lots by a development standard, or (b) the subdivision will result in at least one lot that is less than 90% of the minimum

area specified for such a lot by a development standard. (7) After determining a development application made pursuant to this clause, the

consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

(8) This clause does not allow development consent to be granted for development that

would contravene any of the following: (a) a development standard for complying development, (b) a development standard that arises, under the regulations under the Act, in

connection with a commitment set out in a BASIX certificate for a building to

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which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,

(c) clause 5.4.

The variation to height primarily relates to the difference in existing ground levels and future finished ground levels to provide level building pad on the site as detailed on the elevations and sections shown at Attachment 6 and 7. A minor protrusion of the lift overrun will also exceed the building height control however these are located within the roofed area of the building and are unlikely to be visible. The proposed built form is consistent with that envisaged for the locality and the built from will be screened with adequate landscaping provided within the large setback to Windsor Road. Specifically, in relation to recent judgments of the Land and Environment Court, for the reasons identified in this report and the Applicant’s Clause 4.6 Variation Request, it is considered that the variation can be supported as:

The Applicant’s request is well founded; The proposed variation results in a development that is consistent with the objectives

of Clause 4.3 Height of Building and the IN2 Light Industrial zone objectives; and Compliance with the standard is unnecessary or unreasonable in this instance.

It is also noted that in accordance with the Departments Circular PS 18-003 that Director General’s concurrence can be assumed in respect of any Environmental Planning Instrument that adopts Clause 4.6 Exceptions to Development Standards of the Standard Instrument or a similar clause. (v) Variation to Floor Space Ratio Clause 4.4 – Floor Space Ratio of Appendix 2 of the SEPP states:

(2) The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.

Clause 4.4 of Appendix 2 of the SEPP sets an FSR of 0.7:1 for the site. The proposed development has a FSR of 1.08:1 which exceeds the maximum permitted by the SEPP by 4,292m2. The applicant has provided a Clause 4.6 Variation which is provided at Attachment 11. Clause 4.6 Exceptions to Development Standards has been outlined above. The variation to Floor Space Ratio is primarily attributed to two lightweight mezzanine floors located above levels 1 and 2. This affectively provides for 5 internal storage levels. The proposed development is considered satisfactory as the built form scale is consistent with that of a development with compliant FSR. The anticipated population for the Box Hill release area is likely to be greater than that originally planned given minimum density provisions in the release area which have been exceeded by medium and high density residential developments. Therefore the provision of additional floor space within the IN2 zone for storage for future residents of the area is acceptable.

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Specifically, in relation to recent judgments of the Land and Environment Court, for the reasons identified in this report and the Applicant’s Clause 4.6 Variation Request, it is considered that the variation can be supported as:

The Applicant’s request is well founded; The proposed variation results in a development that is consistent with the objectives

of Clause 4.4 Floor Space Ratio and the IN2 Light Industrial zone objectives; and Compliance with the standard is unnecessary or unreasonable in this instance.

It is also noted that in accordance with the Departments Circular PS 18-003 that Director General’s concurrence can be assumed in respect of any Environmental Planning Instrument that adopts Clause 4.6 Exceptions to Development Standards of the Standard Instrument or a similar clause. (vi) Lot size The Applicant has also provided a Clause 4.6 variation request in relation to lot size however it is considered unnecessary for this application. The application relates to 739 Windsor Road (Lot 1 DP 1232824) and a small portion of 741 Windsor Road (Lot 19 DP 1111404) which contains a 264 square metre lot of IN2 zoned land (where the SEPP has a mapped minimum lot size of 8,000 square metres). However it is appropiate that the site be consolidated or a boundary adjustment occur along the zone boundaries. See recommended Condition No. 62. (vii) Other Provisions The proposal has been considered against the relevant provision of the SEPP. Specific regard has been given to Clauses: 5.9 Preservation of trees or vegetation; and 6.1 Public utility infrastructure; The proposal has been considered against these provisions and satisfies each of the standards and objectives relating to each of the clauses. 2. SEPP Infrastructure 2007 State Environmental Planning Policy (SEPP) (Infrastructure) 2007 applies to the proposal as the site adjoins a classified road (Windsor Road), Clause 101 – Development with frontage to a classified road). The aim of this clause is to ensure that new development does not compromise the operation and function of classified roads and minimises potential traffic noise and vehicle emissions on development adjacent to classified roads. Clause 101(2) of the SEPP requires that the consent authority must be satisfied that: (a) where practicable, vehicular access to the land is provided by a road other than the

classified road, and (b) the safety, efficiency and ongoing operation of the classified road will not be

adversely affected by the development as a result of:

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(i) the design of the vehicular access to the land, or (ii) the emission of smoke or dust from the development, or (iii) the nature, volume or frequency of vehicles using the classified road to gain

access to the land, and

(c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

The application as originally submitted provided access for the development from Windsor Road without a deceleration lane. Concerns were raised by Roads and Maritime Services (RMS) in relation to a number of matters including safety of vehicles entering the site. RMS also requested a minimum 3.5m of land from the property boundary (the whole site frontage on Windsor Road) for reinstating the deceleration lane in future when widening of Windsor Road occurs. The Applicant has subsequently amended the application to provide the details requested by the RMS. The matters identified in subclauses (a) and (b) have been assessed and it considered that the proposal is satisfactory in this regard. 3. Compliance with Box Hill Development Control Plan The proposal has been assessed against the provisions of The Box Hill Development Control Plan and the following variation has been identified:-

DEVELOPMENT CONTROL

DCP REQUIREMENTS

PROPOSED DEVELOPMENT

COMPLIANCE

Clause 6.4.1. – Common Open Space

Each development shall be provided with at least 1 common open space area for the use and enjoyment of employees and visitors to that development. The area shall be suitably landscaped and accessible from the main office component of the development. The common open space area is to be 1% of the site area.

No dedicated common space area has been provided.

No, adequate landscaped areas are provided on the site. A dedicated common open space is not considered necessary.

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a. Common Open Space Clause 6.4.1 of the DCP requires that each development shall be provided with at least 1 common open space area. No dedicated common space area has been provided. The relevant objectives of the DCP are as follows:- “(a) To ensure adequate open space areas are provided within development sites for the

use and enjoyment of employees and visitors; and . (b) To ensure the size, location, configuration and embellishment of common open

space areas encourages use by employees and visitors.” The Applicant has provided the following justification: “Due to the proposed use of the building and very limited number of staff on site at any one time, a communal open space area is not considered necessary.” Comment: It is considered unnecessary that a dedicated common open space area is provided for this development given the proposed use and minimal staff. Are large landscaped setback area is provided forward of the building. This area will provide adequate open space for employees in addition to staff office areas within the building. In view of the above, the variation is considered to be consistent with the objectives of the DCP and can be supported. 4. Internal Referrals The application was referred to following sections of Council:

Engineering Landscaping Environmental Health Resource Recovery

No objection was raised to the proposal (as amended) subject to conditions. 5. External Referrals Integrated Development – DPI Water The application is classified as ‘integrated development’ pursuant to Section 4.46 of the Environmental Planning and Assessment Act, 1979. The Department of Primary Industries - Water have provided their General Terms of Approval (refer Attachment 12)

Roads and Maritime Services

The application was referred to the Roads and Maritime Service (RMS) given the vehicle access to Windsor Road which is a classified road. Referral or concurrence is not required under the provision of SEPP Infrastructure 2007. The relevant provisions of the SEPP are addressed in Section 2 of this report. RMS has provided comments which have been incorporated into the recommended conditions of consent.

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CONCLUSION The Development Application has been assessed against the relevant heads of consideration under Section 4.15 of the Environmental Planning and Assessment Act, 1979, SEPP Sydney Region Growth Centres and the Box Hill Development Control Plan and is considered satisfactory. The variations to the SEPP Height and FSR control and the DCP variation are addressed in the report and are considered satisfactory. Approval is recommended subject to conditions. IMPACTS Financial This matter has no direct financial impact upon Council's adopted budget or forward estimates. The Hills Future Community Strategic Plan The proposed development is consistent with the planning principles, vision and objectives outlined within “Hills 2026 – Looking Towards the Future” as the proposed development provides for satisfactory urban growth without adverse environmental or social amenity impacts and ensures a consistent built form is provided with respect to the streetscape and general locality. RECOMMENDATION

1. That the Local Planning Panel approve the variations to the Development Standards relating the Building Height and Floor Space Ratio of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 - Appendix 11 The Hills, as the applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6(3) and the panel is satisfied that clause 4.6(4) is addressed as the proposed development is considered to be in the public interest because it is consistent with objectives of the Development Standards in Clause 4.3 Building Height, 4.4 Floor Space Ratio, and IN2 Light Industrial zone.

2. That the Local Planning Panel as the consent authority pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979 grant consent to Development Application subject to the conditions below.

GENERAL MATTERS 1. Development in Accordance with Submitted Plans (as amended) The development being carried out in accordance with the approved plans and details submitted to Council, as amended in red, stamped and returned with this consent. The amendments in red include: - Hardstand areas marked red are not to be used for parking or storage and are to be turfed.

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REFERENCED PLANS AND DOCUMENTS

DRAWING NO

DESCRIPTION SHEET REVISION DATE

1220 Site Plan DA.2 6 24/09/2018

1220 Parking Space Dimensions Plan

DA.2.5 6 24/09/2018

1220 Staging Plan DA.3 6 24/09/2018

1220 Ground Floor Plan DA.4 6 24/09/2018

1220 First Floor Plan DA.5 6 24/09/2018

1220 First Floor Storage Racking Plan

DA.6 6 24/09/2018

1220 Second Floor Plan DA.7 6 24/09/2018

1220 Second Floor Storage Racking Plan

DA.8 6 24/09/2018

1220 Roof Plan DA.9 6 24/09/2018

1220 Elevations Sheet 1 DA.10 6 24/09/2018

1220 Elevations Sheet 2 DA.11 6 24/09/2018

1220 Sections DA.12 6 24/09/2018

1220 Colours and Materials DA.17 6 24/09/2018

18/1966 Landscape Plan 1 of 1 D 25/09/2018

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. Compliance with Department of Primary Industries - Water Requirements Compliance with the requirements of the Department of Primary Industries - Water attached as Appendix (A) to this consent and dated 6 November 2018. 4. Provision of Parking Spaces The development is required to be provided with 32 off-street car parking spaces only. These car parking spaces shall be available for off street parking at all times. 5. Separate application for other signs A separate application is required to be submitted to, and approved by Council prior to the erection of any advertisements or advertising structures other than the sign(s) approved in this consent. 6. 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. 7. 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. 8. Property Numbering The responsibility for property numbering is vested solely in Council. The property address for this development is: - 739 Windsor Road, BOX HILL NSW 2765 Under no circumstances can unit numbering be repeated or skipped throughout the development regardless of the building name or number. Approved numbers, unless otherwise approved by Council in writing, are to be displayed clearly on all door entrances including stairwells, lift and lobby entry doors.

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External directional signage is to be erected on site at driveway entry points and on buildings to ensure that all numbering signage throughout the complex is clear to assist emergency service providers locate a destination easily & quickly. 9. 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. 10. Disposal of Surplus Excavated Material The disposal of surplus excavated material, other than to a licenced waste facility, is not permitted without the previous written approval of Council prior to works commencing on site. 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. 11. Waste and Recycling Collection Contract There must be a contract with a licenced contractor for the removal of all waste generated on site. Written evidence of a valid and current collection contract must be held on site at all times and produced in a legible form to any authorised officer of the Council who asks to see it. 12. Provision of Waste Storage Area A waste storage area must be provided on site and all work involving construction of the area must comply with the requirements of Council’s ‘Commercial/Industrial Waste Storage Area Specifications’. Additionally, the design of the area must ensure that bins are not visible from any adjoining property or public place. 13. Tree Removal Approval is granted for the removal of three (3) trees as indicated on Landscape Plan prepared by Paul Scrivener dated 25/9/2018. 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. 14. Planting Requirements All trees planted as part of the approved landscape plan are to be minimum 75 litre pot size. All shrubs planted as part of the approved landscape plan are to be minimum 200mm pot size. Groundcovers are to be planted at 5/m2.

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15. Replacement Planting Requirements To maintain the treed environment of the Shire six (6) 75 litres replacement trees from the following list are to be planted to frontage of property with a minimum of two trees planted to east of driveway entry. Eucalyptus creba Narrow Leaved Ironbark

Eucalyptus moluccana Grey Box

Eucalyptus tereticornis Forest Red Gum

Corymbia maculata Spotted Gum

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:

AS/ NZS 2890.1 AS/ NZS 2890.6 AS 2890.2 DCP Part C Section 1 – Parking Council’s Driveway Specifications

Where conflict exists the Australian Standard must be used. The following must be provided:

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.

All driveways and car parking areas must be separated from landscaped areas by a low level concrete kerb or wall.

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 noting that not all parts of the site are accessible to all design service vehicles (conditioned below).

All driveways and car parking areas must be graded, collected and drained by pits and pipes to a suitable point of legal discharge.

Only the parking spaces permitted to be marked/ signposted as parking spaces by this development consent are able to be marked/ signposted and used as parking spaces.

17. Design Service Vehicles – Limitations on Access Some areas of the development are restricted to certain types/ sizes of service vehicles based on the width and layout of the off-street parking area and the swept turning path analysis submitted with the development application. Specifically the following requirements apply:

Articulated vehicles (AV) and heavy rigid vehicles (HRV) are only able to access the front area behind the first gate on the boundary (and then only during times when the first gate on the boundary is open).

Medium rigid vehicles (MRV) are able to access the site when the first gate on the boundary is closed as sufficient area has been provided in front for this vehicle to turn around and leave via Windsor Road in a forward direction should access to the site not be available.

Access to the circulation roadway around the outside of the building/ site perimeter is limited to MRV and smaller.

Access to the internal/ drive-through portion of the actual building is limited to small vans and the like (B99 design service vehicles).

At the detailed design/ Construction Certificate stage the swept path analysis submitted with the development application must be amended to account for the deceleration lane required

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by the RMS (attached). That amended plan/ analysis must be submitted to and approved by the PCA for the development. 18. Recycled Water – Rouse Hill/ Sydney Water The subject site must be connected to Sydney Water’s Rouse Hill Recycled Water Scheme, unless written evidence from Sydney Water is submitted advising that this service is not available. 19. Water Sensitive Urban Design Handover Process An operations and maintenance plan must be prepared for all WSUD proposals. The operations and maintenance plan must include: The location and type of each WSUD element, including details of its operation and design;

A brief description of the catchment characteristics, such as land uses, areas etc; Estimated pollutant types, loads and indicative sources; Intended maintenance responsibility, Council, landowner etc; Inspection method and estimated frequency; Adopted design cleaning/ maintenance frequency; Estimate life-cycle costs; Site access details, including confirmation of legal access, access limitations etc; Access details for WSUD measure, such as covers, locks, traffic control requirements

etc; Description of optimum cleaning method and alternatives, including equipment and

personnel requirements; Landscape and weed control requirements, noting that intensive initial planting is

required upfront to reduce the requirement for active weed removal; A work method statement; A standard inspection and cleaning form.

For the purposes of complying with the above a WSUD treatment system is considered to include all functional elements of the system as well as any landscaped areas directly surrounding the system. 20. Road Opening Permit Should the subdivision/ development necessitate the installation or upgrading of utility services or any other works on Council land beyond the immediate road frontage of the development site and these works are not covered by a Construction Certificate issued by Council under this consent then a separate road opening permit must be applied for and the works inspected by Council’s Maintenance Services team. The contractor is responsible for instructing sub-contractors or service authority providers of this requirement. Contact Council’s Construction Engineer if it is unclear whether a separate road opening permit is required. 21. Protection of Public Infrastructure Adequate protection must be provided prior to work commencing and maintained during building operations so that no damage is caused to public infrastructure as a result of the works. Public infrastructure includes the road pavement, kerb and gutter, concrete footpaths, drainage structures, utilities and landscaping fronting the site. The certifier is responsible for inspecting the public infrastructure for compliance with this condition before an Occupation Certificate is issued. Any damage must be made good in accordance with the requirements of Council and to the satisfaction of Council. 22. Vehicular Crossing Request Each driveway requires the lodgement of a separate vehicular crossing request accompanied by the applicable fee as per Council’s Schedule of Fees and Charges. The vehicular crossing request must be lodged before an Occupation Certificate is issued. The vehicular crossing request must nominate a contractor and be accompanied by a copy of their current public liability insurance policy. Do not lodge the vehicular crossing request until the contactor is known and the driveway is going to be constructed.

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23. Minor Engineering Works The design and construction of the engineering works listed below must be provided for in accordance with Council’s Design Guidelines Subdivisions/ Developments and Works Specifications Subdivisions/ Developments. Works on existing public roads or any other land under the care and control of Council must be approved and inspected by Council in accordance with the Roads Act 1993 or the Local Government Act 1993. A separate minor engineering works application and inspection fee is payable as per Council’s Schedule of Fees and Charges. a) 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 driveway/s must be built to Council’s heavy duty standard. Only one driveway crossing is approved/ permitted. A separate vehicular crossing request fee is payable as per Council’s Schedule of Fees and Charges. b) Disused Layback/ Driveway Removal All disused laybacks and driveways must be removed together with the restoration and turfing of the adjoining footpath verge area. c) Site Stormwater Drainage The entire site area must be graded, collected and drained by pits and pipes to a suitable point of legal discharge. 24. Finished Floor Level – Flooding The finished floor level (or levels) of the structure must reflect the approved plans and are to be no lower than the 100 year (design) flood level associated with Killarney Chain of Ponds of AHD RL 20.65 and AHD RL 21.27 in the northern and eastern corners of the site respectively. PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 25. Notice of Requirements The submission of documentary evidence to the Certifying Authority, including a Notice of Requirements, from Sydney Water Corporation confirming that satisfactory arrangements have been made for the provision of water and sewerage facilities. Following an application a “Notice of Requirements” will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water / sewer extensions can be time consuming and may impact on other services and building, driveway and landscape design. 26. Salinity Assessment Prior to the issue of a Construction Certificate a salinity assessment is to be prepared and submitted to the Principal Certifying Authority. The salinity assessment is to include recommendations for the management of saline soils during construction, and construction methods for the proposed development. The Principal Certifying Authority shall ensure that any construction methods / recommendations are implemented on the final construction plans. 27. Proof of Registration of Title Proof of the registration, from the Department of Lands for the Deposited Plan for the subject lot shall be submitted to the Principal Certifying Authority prior to the issue of any Construction Certificate. 28. Special Infrastructure Contribution – Growth Centres A special infrastructure contribution is to be made in accordance with the Environmental Planning and Assessment (Special Infrastructure Contribution – Western Sydney Growth Areas) Determination 2011, as in force when this consent becomes operative.

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Information about the special infrastructure contribution can be found on the Department of Planning and Environment website: http://www.planning.nsw.gov.au/ Please contact the Department of Planning and Environment regarding arrangements for the making of a payment. 29. Section 7.11 Contribution The following monetary contributions must be paid to Council in accordance with Section 7.11 of the Environmental Planning and Assessment Act, 1979, to provide for the increased demand for public amenities and services resulting from the development. Payments comprise of the following:-

The contributions above are applicable at the time this consent was issued. Please be aware that Section 7.11 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 15. 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. Erosion & Sediment Control Plan Submission of an Erosion and Sediment Control Plan to the Principal Certifying Authority, including details of: a) Allotment boundaries b) Location of the adjoining 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 j) Outline of a maintenance program for the erosion and sediment controls (NOTE: For guidance on the preparation of the Plan refer to ‘Managing Urban Stormwater Soils & Construction’ produced by the NSW Department of Housing).

31. Tree Removal on Public Land Prior to the issue of a Construction Certificate, the applicant is required to contact Council’s Infrastructure & Works team and seek approval for the removal of existing trees which are located on the adjoining Nature strip which may be impacted by works associated with the development due to the proximity of trees. 32. Registration of Drainage Easement A 1.5m (minimum) wide drainage easement must be created over the piped stormwater outlet to First Ponds Creek over the downstream property Lot 2 DP 1232824 prior to a

Development Category

Rate per

M² of

GFA:

12,130

Total S7.11

Transport Facilities - Land 12.99$ 157,568.70$

Transport Facilities - Capital 50.74$ 615,476.20$

Administration 0.80$ 9,704.00$

Water Management - Land (KCP) 17.22$ 208,878.60$

Water Management - Capital (KCP) 14.49$ 175,763.70$

Total 96.24$ 1,167,391.20$

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Construction Certificate being issue. A copy of the registered easement plan and associated documents must be submitted to Council. 33. Security Bond Requirements A security bond may be submitted in lieu of a cash bond. The security bond must:

Be in favour of The Hills Shire Council; 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);

Have no expiry date; Reference the development application, condition and matter to which it relates; Be equal to the amount required to be paid in accordance with the relevant condition; 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.

34. Security Bond – Road Pavement and Public Asset Protection In accordance with Section 4.17(6) 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 above amount considers the fact the only Council infrastructure affected by the work is the road verge in Windsor Road. The RMS will likely require a separate bond to be paid relating to the protection of and works in Windsor Road required for this development (attached). The bond must be lodged with Council before a Construction Certificate is issued for the building works. 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. 35. Security Bond – External Works In accordance with Section 4.17(6) of the Environmental Planning and Assessment Act 1979, a security bond is required to be submitted to Council to guarantee the construction, completion and performance of all works external to the site. The bonded amount must be based on 150% of the tendered value of providing all such works. The minimum bond amount is $10,000.00. The bond amount must be confirmed with Council prior to payment. The bond must be lodged with Council before a Construction Certificate is issued for the building works. The bond is refundable upon written application to Council and is subject to all work being completed to Council’s satisfaction. 36. Erosion and Sediment Control/ Soil and Water Management Plan The detailed design must be accompanied by an Erosion and Sediment Control Plan (ESCP) or a Soil and Water Management Plan (SWMP) prepared in accordance with the Blue Book and Council’s Works Specification Subdivision/ Developments. A SWMP is required where the overall extent of disturbed area is greater than 2,500 square metres, otherwise an ESCP is required. An ESCP must include the following standard measures along with notes relating to stabilisation and maintenance:

Sediment fencing. Barrier fencing and no-go zones. Stabilised access. Waste receptacles. Stockpile site/s.

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A SWMP requires both drawings and accompanying commentary (including calculations) addressing erosion controls, sediment controls, maintenance notes, stabilisation requirements and standard drawings from the Blue Book. A SWMP is required for this development. 37. Works on Adjoining Land Where the engineering works included in the scope of this approval extend into adjoining land, written consent from all affected adjoining property owners must be obtained and submitted to Council before a Construction Certificate is issued. Specifically this relates to the piped stormwater outlet to First Ponds Creek over the downstream property Lot 2 DP 1232824 required below. 38. Engineering Works and Design The design and construction of the engineering works listed below must be provided for in accordance with Council’s Design Guidelines Subdivisions/ Developments and Works Specifications Subdivisions/ Developments. Engineering works can be classified as either “subdivision works” or “building works”. Works within an existing or proposed public road, or works within an existing or proposed public reserve can only be approved, inspected and certified by Council in accordance with the Roads Act 1993 and the Local Government Act 1993 respectively. The following engineering works are required: a) Deceleration Lane and Access Driveway A deceleration lane must be provided on the approach to the access driveway. The detailed design of the deceleration lane must comply with the requirements of the RMS (attached) and the plan prepared by Hemanote Drawing HC4361819 Sheet 2 dated December 2018 submitted with the development application. The access driveway must be must comply with the requirements of the RMS (attached) and the civil engineering works plans by Wood and Grieve Revision C dated 24/09/2018 (and amended at the detailed design/ Construction Certificate stage to account for the above deceleration lane). A piped stormwater crossing under the access driveway must also be included as per the civil engineering works plans by Wood and Grieve Revision C dated 24/09/2018. b) Signage and Line Marking Requirements/ Plan A signage and line marking plan must be submitted with the detailed design. This plan needs to address street name signs and posts, regulatory signs and posts (such as no parking or give way signs), directional signs and posts (such as chevron signs), speed limit signs and posts and line marking, where required. Thermoplastic line marking must be used for any permanent works. Any temporary line marking must be removed with a grinder once it is no longer required, it cannot be painted over. Details for all signage and line-marking must be submitted to Council’s Construction Engineer for checking prior to works commencing. For existing public roads, signs and line marking may require separate/ specific approval from the Local Traffic Committee. c) Earthworks/ Site Regrading Earthworks are limited to that shown on the approved plans. Retaining walls are limited to those locations and heights shown on the civil engineering works plans by Wood and Grieve Revision C dated 24/09/2018. Specifically the retaining wall and resultant drainage channel along the western site boundary must be 2.5m wide as per this approved concept plan. No fill or battering is to extend into the adjoining E2 zoned Lot 2 DP 1232824 without exception.

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d) Stormwater Drainage – Creek Outlets A single piped stormwater outlet/ connection to First Ponds Creek within the planned easement over Lot 2 DP 1232824 must be provided for complying with the requirements of Council and the NRAR pursuant to the CAA required to be issued for this work. This piped outlet must be extended to the low flow channel in First Ponds Creek. The civil engineering works plans by Wood and Grieve Revision C dated 24/09/2018 includes a note that reads “Council to confirm location”. This requirement/ condition is that confirmed location. The recently constructed creek rehabilitation work through this part of First Ponds Creek includes a dedicated low flow channel within what is otherwise a wide and relatively flat series of connected ponds. e) Water Sensitive Urban Design Elements Water sensitive urban design elements consisting of pit inserts, proprietary water quality treatment products (chamber/ pit based) and rainwater tanks are to be located generally in accordance with the plans and information submitted with the application. This includes the stormwater management plan by Wood and Grieve Revision C and the planning response/ letter from Planning Ingenuity (specifically with respect to the rainwater tanks). Detailed plans for the water sensitive urban design elements must be submitted for approval. The detailed plans must be suitable for construction, and include detailed and representative longitudinal and cross sections of the proposed infrastructure. The design must be accompanied, informed and supported by detailed water quality and quantity modelling. The modelling must demonstrate a reduction in annual average pollution export loads from the development site in line with the following environmental targets:

90% reduction in the annual average load of gross pollutants 85% reduction in the annual average load of total suspended solids 65% reduction in the annual average load of total phosphorous 45% reduction in the annual average load of total nitrogen

All model parameters and data outputs are to be provided. f) Stormwater Drainage – Temporary Management (Box Hill) Temporary stormwater management in the form of an above ground basin with a volume of 225 cubic metres within the stage two development footprint as shown on the civil engineering works plans by Wood and Grieve Revision C dated 24/09/2018 and the stormwater management plan by Wood and Grieve Revision C submitted with the development application. The purpose of the temporary stormwater management measures is to ensure there is no impact downstream between the pre-development and post development conditions, both with respect to the volume and quality of runoff, for a range of storm events. The second stage cannot occur until this temporary basin is removed. PRIOR TO WORK COMMENCING ON THE SITE 39. Details and Signage - Principal Contractor and Principal Certifying Authority Details Prior to work commencing, submit to the Principal Certifying Authority (PCA) notification in writing of the principal contractor’s (builder) name, address, phone number, email address and licence number. No later than two days before work commences, Council is to have received written details of the PCA in accordance with Clause 103 of the Environmental Planning and Assessment Regulations 2000. Signage A sign is to be erected in accordance with Clause 98A(2) of the Environmental Planning and Assessment Regulations 2000. The sign is to be erected in a prominent position and show –

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a) the name, address and phone number of the PCA for the work, b) the name and out of working hours contact phone number of the principal

contractor/person responsible for the work. The sign must state that unauthorised entry to the work site is prohibited. 40. Management of Building Sites 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. 41. 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. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction (Blue Book) produced by the NSW Department of Housing. This will include, but not be limited to a stabilised access point and appropriately locating stockpiles of topsoil, sand, aggregate or other material capable of being moved by water being stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside. 42. Erosion & Sediment Control Plan Kept on Site A copy of the Erosion and Sediment Control Plan must be kept on site at all times during construction and available to Council on request. 43. Construction Waste Management Plan Required Prior to the commencement of works, a Waste Management Plan for the construction of the development must be submitted to and approved by the Principal Certifying Authority. The plan should be prepared in accordance with The Hills Development Control Plan 2012 Appendix A. The plan must comply with the waste minimisation requirements in the relevant Development Control Plan. All requirements of the approved plan must be implemented during the construction of the development. 44. 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. 45. 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.

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46. Erosion and Sediment Control/ Soil and Water Management The approved ESCP or SWMP measures must be in place prior to works commencing and maintained during construction and until the site is stabilised to ensure their effectiveness. For major works, these measures must be maintained for a minimum period of six months following the completion of all works. 47. Traffic Control Plan A Traffic Control Plan is required to be prepared and approved. The person preparing and approving the plan must have the relevant accreditation to do so. A copy of the approved plan must be submitted to Council before being implemented. Where amendments to the plan are made, they must be submitted to Council before 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. 48. Roads and Maritime Services Design Approval The design and construction of the relevant works must be approved by the Roads and Maritime Services before any works commence on that road. A copy of the Roads and Maritime Services stamped approved construction plans must be submitted to Council. 49. Pavement Design A pavement design based on Austroads (A Guide to the Structural Design of Road Pavements) and prepared by a suitably qualified and experienced civil or geotechnical engineer must be submitted to Council for approval before the commencement of any pavement works. The pavement design must be based on sampling and testing by a NATA accredited laboratory of the in-situ sub-grade material and existing pavement material. Details of the pavement design and all tests results, including design California Bearing Ratio values for the subgrade and design traffic loadings, are to be provided. 50. 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:

Planned construction access and delivery routes; and Dated photographic evidence of the condition of all public assets.

DURING CONSTRUCTION 51. 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. 52. Critical Stage Inspections and Inspections Nominated by the PCA Section 6.5 of the Environmental Planning and Assessment Act 1979 requires critical stage inspections to be carried out for building work as prescribed by Clause 162A of the Environmental Planning and Assessment Regulation 2000. Prior to allowing building works to commence the PCA must give notice of these inspections pursuant to Clause 103A of the Environmental Planning and Assessment Regulation 2000. An Occupation Certificate cannot be issued and the building may not be able to be used or occupied where any mandatory critical stage inspection or other inspection required by the PCA is not carried out. Inspections can only be carried out by the PCA unless agreed to by the PCA beforehand and subject to that person being an accredited certifier.

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53. Contamination Ground conditions are to be monitored and should evidence such as, but not limited to, imported fill and/or inappropriate waste disposal indicate the likely presence of contamination on site, works are to cease, Council’s Manager- Environment and Health is to be notified and a site contamination investigation is to be carried out in accordance with State Environmental Planning Policy 55 – Remediation of Land. The report is to be submitted to Council’s Manager – Environment and Health for review prior to works recommencing on site. Note: Contaminated soil, soil for which the contamination status is unknown, waste (including but not limited to concrete / bricks / demolition material) is prohibited from being buried, capped, contained or similar onsite (including under public or private roads and land which will become public). 54. Dust Control The emission of dust must be controlled to minimise nuisance to the occupants of the surrounding premises. A dust management plan is to be developed with a copy submitted to Council. In the absence of any alternative measures, the following measures must be taken to control the emission of dust:

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;

All exposed / disturbed areas which is not an active work area is to be sealed by way of hydro-seeding, hydro-mulching or other soil binding product or turfed; and

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

The dust management plan must be implemented until the site works are completed and the site is stable and covered in either vegetation or bonding agent. The dust management plan must be provided to any contractor involved in the demolition, excavation, provision of fill or any other dust generating activity. 55. 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. 56. Critical Stage Inspections – Subdivision Works The subdivision works must be inspected by Council in accordance with the schedule included in Council’s Works Specification Subdivisions/ Developments. A minimum of 24 hours’ notice is required for inspections. No works are to commence until the first inspection has been carried out. PRIOR TO ISSUE OF AN OCCUPATION AND/OR SUBDIVISION CERTIFICATE 57. Compliance with Department of Primary Industries - Water Requirements The submission of documentary evidence from the Department of Primary Industries - Water that all requirements have been satisfied, prior to the issue of the Occupation Certificate or Subdivision Certificate. 58. Landscaping Prior to Issue of any Occupation Certificate Landscaping of the site shall be carried out prior to issue of any Occupation Certificate (within each stage if applicable). The Landscaping shall be either certified to be in accordance with the approved plan by an Accredited Landscape Architect or be to the satisfaction of Council’s Manager Environment and Health. All landscaping is to be maintained at all times in accordance with THDCP Part C, Section 3 – Landscaping and the approved landscape plan.

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59. Section 73 Certificate A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. from Sydney Water Corporation. Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the Building Development and Plumbing section of the web site www.sydneywater.com.au and then refer to Water Servicing Co-ordinator under “Developing Your Land” or telephone 13 20 92 for assistance. 60. Provision of Electricity Services Submission of a compliance certificate from the relevant service provider confirming satisfactory arrangements have been made for the provision of electricity services. This includes undergrounding of existing and proposed services where directed by Council or the relevant service provider. 61. Landscaping Prior to Issue of any Occupation Certificate Landscaping of the site shall be carried out prior to issue of any Occupation Certificate (within each stage if applicable). The Landscaping shall be either certified to be in accordance with the approved plan by an Accredited Landscape Architect or be to the satisfaction of Council’s Manager Environment and Health. All landscaping is to be maintained at all times in accordance with THDCP Part C, Section 3 – Landscaping and the approved landscape plan. 62. Consolidation of Lots/ Boundary Adjustment Before any Occupation Certificate is issued the two properties (Lot 1 DP 1232824 and Lot 19 DP 1111404) are to be consolidated by way of plan of consolidation. A copy of this registered plan must be submitted to the PCA before an Occupation Certificate is issued. Alternatively this condition can also be satisfied by the registration of a plan of subdivision/ boundary adjustment between the two properties (Lot 1 DP 1232824 and Lot 19 DP 1111404) that creates a single lot containing all of the IN2 zoned part of both properties and a second lot containing the remainder of Lot 19 DP 1111404. The single lot containing all of the IN2 zoned part of both properties would coincide with the development extent as shown on the stamped approved plans.

63. Road Widening Dedication An Occupation Certificate must not be issued until a plan of subdivision dedicating the road widening along Windsor Road to provide for the deceleration lane required by the RMS (attached) has been registered. A copy of this registered plan must be submitted to the PCA before an Occupation Certificate can be issued. The width and extent of this road widening must account for the final design and layout of the actual deceleration lane and generally match that shown on the plan prepared by Hemanote Drawing HC4361819 Sheet 2 dated December 2018 and submitted with the development application. Contrary to the notes included on the above plan the road widening is associated with a deceleration associated with the planned access to/ from the development site and must be dedicated to the public at no expense to Council or the RMS. The road widening must be dedicated as road on the plan as opposed to being created as a separate lot. A separate lot would not comply with the mapped minimum lot size applying to this IN2 zoned land from the Growth Centres SEPP. 64. 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. 65. 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.

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66. Subdivision Works – Submission Requirements Once the subdivision works are complete the following documentation (where relevant/ required) must be prepared in accordance with Council’s Design Guidelines Subdivisions/ Developments and submitted to Council’s Construction Engineer for written approval:

Works as Executed Plans Stormwater Drainage CCTV Recording Pavement Density Results Street Name/ Regulatory Signage Plan Pavement Certification Public Asset Creation Summary Concrete Core Test Results Site Fill Results Structural Certification

The works as executed plans must be prepared by a suitably qualified engineer or registered surveyor. All piped stormwater drainage systems and ancillary structures which will become public assets must be inspected by CCTV. A copy of the actual recording must be submitted electronically for checking. A template public asset creation summary is available on Council’s website and must be used. 67. Performance/ Maintenance Security Bond A performance/ maintenance bond of 5% of the total cost of the subdivision works is required to be submitted to Council. The bond will be held for a minimum defect liability period of six months from the certified date of completion of the subdivision works. The minimum bond amount is $5,000.00. The bond is refundable upon written application to Council and is subject to a final inspection. 68. Confirmation of Pipe Locations A letter from a registered surveyor must be provided with the works as executed plans certifying that all pipes and drainage structures are located within the proposed drainage easements. 69. 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 dealing/ request document or Section 88B instrument associated with a plan. Council’s standard recitals must be used for the terms: a) Restriction/ Positive Covenant – Water Sensitive Urban Design The subject site must be burdened with a positive covenant that refers to the water sensitive urban design elements referred to earlier in this consent using the “water sensitive urban design elements” terms included in the standard recitals. 70. Water Sensitive Urban Design Certification An Occupation Certificate must not be issued prior to the completion of the WSUD elements conditioned earlier in this consent. The following documentation must be submitted in order to obtain an Occupation Certificate:

WAE drawings and any required engineering certifications; Records of inspections; An approved operations and maintenance plan; and A certificate of structural adequacy from a suitably qualified structural engineer verifying

that any structural element of the WSUD system are structurally adequate and capable of withstanding all loads likely to be imposed on them during their lifetime.

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

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THE USE OF THE SITE

71. Hours of operation Staffed hours:

Monday – Friday 7.30am – 5.30pm Saturday – 8am – 4pm Sunday and Public Holidays 10am – 4pm

Unstaffed hours: Monday – Friday 6am - 7.30am and 5.30pm – 10pm Saturday – 7am - 8am and 4pm – 8pm Sunday and Public Holidays 7am - 10am and 4pm – 8pm

72. Operation requirements As per the submitted acoustic report and Statement of Environmental Effects the following is to be complied with for the operation of the site:

i. Mechanical ventilation is to be used during staffed hours only. ii. Loading and unloading of equipment (use of forklifts) is to occur during staffed hours

only. iii. Large commercially registered vehicles (semi-trailers and medium rigid vehicles) that

are delivering / removing merchandise are only permitted on site during staffed hours.

iv. The units are to be solely for storage and are not to be used as workshops or for noise generating activities.

73. Offensive Noise - Acoustic Report The 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. 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.

74. Lighting Any lighting on the site shall be designed so as not to cause a nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of Obtrusive Effects of Outdoor Lighting.

75. Waste and Recycling Management To ensure the adequate storage and collection of waste from the use of the premises, all garbage and recyclable materials emanating from the premises must be stored in the 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. Under no circumstances should waste storage containers be stored in locations that restrict access to any of the car parking spaces provided onsite.

76. Waste and Recycling Collection All waste generated onsite must be removed at regular intervals. 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 previous written approval of Council. Waste collection vehicles servicing the development are not permitted to reverse in or out of the site.

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ATTACHMENTS 1. Locality Plan 2. Aerial Photograph 3. Zoning Map 4. Site and Ground Floor Plan 5. Floor Plans 6. Elevations 7. Sections 8. Height Encroachment Plans 9. Landscape Plan 10. Clause 4.6 Request – Height 11. Clause 4.6 Request – Floor Space Ratio 12. General Terms of Approval – DPI -Water

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ATTACHMENT 1 – LOCALITY PLAN

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ATTACHMENT 2 – AERIAL PHOTOGRAPH

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ATTACHMENT 3 – SEPP ZONING MAP

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ATTACHMENT 4 – SITE PLAN AND GROUND FLOOR PLAN

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ATTACHMENT 5 – FLOOR PLANS

First Floor Plan

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First Floor Plan Racking

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Second Floor Plan

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Second Floor Plan Racking

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ATTACHMENT 6 - ELEVATIONS

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ATTACHMENT 7 – SECTIONS

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ATTACHMENT 8 – HEIGHT ENCROACHMENT PLANS

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ATTACHMENT 9 – LANDSCAPE PLAN

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ATTACHMENT 10 - CLAUSE 4.6 REQUEST – HEIGHT

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ATTACHMENT 11 - CLAUSE 4.6 REQUEST – FLOOR SPACE RATIO

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ATTACHMENT 12 – GENERAL TERMS OF APPROVAL – DPI WATER

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ITEM-2 DA 694/2019/HA - ALTERATIONS AND ADDITIONS TO

TENANCY 200 TO EXPAND THE TENANCY INTO THE ADJOINING LOADING DOCK - LOT 600 DP 1025421, CASTLE TOWERS SHOPPING CENTRE, NO. 6-14 CASTLE STREET, CASTLE HILL

THEME: Balanced Urban Growth

OUTCOME: 7.1 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: 20 FEBRUARY 2019 LOCAL PLANNING PANEL

AUTHOR: PRINCIPAL EXECUTIVE PLANNER KRISTINE MCKENZIE

RESPONSIBLE OFFICER: MANAGER – DEVELOPMENT ASSESSMENT PAUL OSBORNE

Applicant QIC Ltd

Owner QIC Ltd

Notification Not required – works internal to the Shopping Centre

Number Advised NA

Number of Submissions Nil

Zoning B4 Mixed Use

Site Area 91,700m2

List of all relevant s4.15(1)(a) matters

Section 4.15 (EP&A Act) – Satisfactory. LEP 2012 – Satisfactory. DCP Part B Section 6 Business – Satisfactory.

Political Donation None Disclosed

Reason for Referral to LLP Variation to LEP 2012 which exceeds 10%.

Recommendation Approval subject to conditions

EXECUTIVE SUMMARY The Development Application is for alterations and additions to Tenancy 200 which is occupied by Coles supermarket. LEP 2012 limits Floor Space Ratio (FSR) to 1:1. The proposed FSR is 1.236:1. The FSR of the existing shopping centre currently exceeds the LEP requirement. The proposed works will result in an increase in gross floor area of 183m2. The works are internal to the shopping centre and as such there will be no change to the existing bulk or streetscape of the centre. The proposal will result in a better planning outcome as the works will enable the ongoing use of an existing building for a supermarket use. The applicant has submitted a Clause 4.6 variation to support the variation to FSR and it is considered that compliance with the LEP FSR standard is unreasonable and unnecessary in this instance.

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The proposal is considered satisfactory in regard to the requirements of DCP Part B Section 6 – Business. The proposal was not notified given that all works are internal to the shopping centre. The application is recommended for approval subject to conditions. BACKGROUND On 27 September 2016 the Stage 3 expansion of Castle Towers Shopping Centre was approved as a Deferred Commencement consent by the then Joint Regional Planning Panel (now Sydney Central City Planning Panel) (DA 864/2015/JP). The approved works include significant demolition, reconstruction and expansion works which will result in a total gross floor area of 238,575m2, a total of 7996 car spaces and creation of a ‘Heritage Square’ around the heritage building fronting Main Street. The operative consent was subsequently issued. The applicant has lodged a modification application (864/2015/JP/B) to stage the construction works into two stages. This application is currently under assessment. A number of Development Applications have been approved for enabling works to facilitate the major expansion of the shopping centre. These works include rooftop plant rooms and services, substations, demolition of a vehicle access ramp, temporary fire tanks and pump room, a temporary loading dock and upgrades to mechanical ventilation systems. The proposed works will enable the continued use of centre during the first stage of construction works. PROPOSAL The Development Application is for alterations and additions to Tenancy 200 which is occupied by Coles supermarket. In effect, the proposal will allow use of part of the existing loading dock as retail floor area. The works include:

extension of the tenancy in to the existing loading dock; infilling the slab in the north western portion of the tenancy; reconfiguration of the eastern fire egress stairs; and fire safety upgrade works.

The proposed alterations and additions will enable the use of part of a loading dock as part of Tenancy 200. The proposed works will result in a 183m² increase in the Gross Floor Area (GFA) of Tenancy 200. A Complying Development Certificate will be lodged separately for the physical works associated with the fitout. The proposed works are consistent with the Section 4.55 modification currently under assessment (864/2015/JP/B). The applicant has advised that the DA will effectively ‘bring forward’ this component of the works. The reminder of the loading dock will continue to be used for deliveries. ISSUES FOR CONSIDERATION 1. Compliance with Local Environmental Plan 2012 LEP 2012 limits FSR on the site to 1:1. The existing FSR is 1.234:1. The proposal includes an increase in gross floor area (GFA) of 183m2 where the Coles tenancy extends into the

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existing loading dock. This will result in an increase to GLFA to 113,380m2. The proposed FSR will increase to 1.236:1. The applicant has requested a variation to the LEP control and has submitted a Clause 4.6 variation request which concludes as follows:

compliance with the development standard is unreasonable or unnecessary in the circumstances of the case because the proposed development will have no adverse impacts on built form and urban outcome; and

there are sufficient environmental planning grounds to justify contravening the

development standard as the proposed marginal increase in GFA will not result in any significant adverse impacts in terms of visual impact, overshadowing or other built form-related impacts.

It is therefore requested that Council grant development consent for the proposed development, notwithstanding the proposed variation to the floor space ratio standard in The Hills LEP 2012. The Clause 4.6 variation request is Attachment 5. Comment: LEP 2012 limits FSR on the site to 1:1. The existing FSR is 1.234:1. The proposal includes an increase in gross floor area (GFA) of 183m2 where the Coles tenancy extends into the existing loading dock. This will result in an increase to GLFA to 113,380m2. The proposed FSR will increase to 1.236:1. It is also noted that the approved FSR under Development Application 864/2015/JP is 1.69:1 (Note: the approved development includes additional land area). The objectives of Clause 4.4 of LEP 2012 in regard to FSR are: (a) to ensure development is compatible with the bulk, scale and character of existing

and future surrounding development. (b) to provide for a built form that is compatible with the role of town and major centres. The objectives of Clause 4.6 of LEP 2012 are: (a) to provide an appropriate degree of flexibility in applying certain development

standards to particular development, (b) to achieve better outcomes for and from development by allowing flexibility in particular

circumstances. The relevant objectives of the B4 Mixed Use zone are: • To provide a mixture of compatible land uses. • To integrate suitable business, office, residential, retail and other development in

accessible locations so as to maximise public transport patronage and encourage walking and cycling.

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• To encourage leisure and entertainment facilities in the major centres that generate activity throughout the day and evening.

These objectives relate to the provision of a satisfactory bulk, scale and character of the development when considered in conjunction to the existing and future development of the Castle Hill Town Centre. Given that the works are internal to the centre, there is no change to the existing bulk, scale or streetscape. The proposed new floor area will provide additional shopping area for residents and customer within the existing built form and site. The works are also compatible with the existing land use on the site and the surrounding commercial area. As such the proposal is considered to be appropriate having regard to the relevant objectives. It is also noted that Council has adopted LEP FSR requirements for Crane Road Precinct, Terminus Street Precinct and Pennant Street Target site which exceed the 1:1 FSR over Castle Towers. The FSRs adopted are as follows:

Terminus Street Precinct adopted an FSR on differing portions of the land of between 2.3:1 and 3.8:1.

Pennant Street Target Site adopted an FSR of 5.5:1.

Crane Road Precinct adopted an FSR of 6.4:1

On this basis the proposed FSR is relatively modest and is more than in keeping with other existing and future precinct developments. Clause 4.6(3) of LEP 2012 states: Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating: (a) that compliance with the development standard is unreasonable or unnecessary

in the circumstances of the case, and Comment: The FSR limit currently applied under LEP 2012 is considered to be unreasonable and unnecessary. The FSR limit was applied to the site as a direct translation of LEP 2005 and the Business DCP and does not reflect the importance of the site as a ‘strategic centre’ as identified within ‘A Plan for Growing Sydney’. As outlined within the above LEP extract plan, the FSR on adjoining sites is more reflective of the development of the area which is close to existing and future commercial areas, increased residential densities and existing and future public transport. (b) that there are sufficient environmental planning grounds to justify contravening

the development standard. Comment: There are sufficient planning grounds to justify the proposed FSR. These planning grounds include the current FSR under LEP 2012 applying to the immediate area,

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the importance of the site in a local and regional context and the centralisation of the works on the site. It is also noted that the current approved FSR exceeds the LEP standard. Clause 4.6 (4) of LEP 2012 states: Development consent must not be granted for development that contravenes a development standard unless: (a) the consent authority is satisfied that: (i) the applicant’s written request has adequately addressed the matters required to be

demonstrated by subclause (3), and Comment: The applicant has adequately addressed the matters required to be addressed by subclause (3). (ii) the proposed development will be in the public interest because it is consistent with

the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

Comment: As detailed above, the proposal is an appropriate outcome in regard to public interest and is consistent with the objectives of the B4 Mixed Use zone. (b) the concurrence of the Director-General has been obtained. Comment: Council has assumed concurrence under the provisions of Circular PS 08–003 issued by the Department of Planning and Environment. On the basis of the above comments, the proposed variation to the FSR is considered reasonable, will not result in an adverse impact on amenity and will provide an additional service to residents and customers. 2. Compliance with DCP Part B Section 6 – Business The DCP has no requirements which address the proposed works which are for internal works to the Coles tenancy and adjoining loading dock. As such a merit based assessment has been undertaken. The proposed works are internal works to the existing shopping centre building and will not be visible from Pennant Street. Given the minor nature of the works and the location of the works, the works are appropriate given the relationship to the existing shopping centre. The proposal is considered satisfactory in regard to the DCP. 3. Internal Referrals The application was referred to following sections of Council:

Fire Safety; Environmental Health; Engineers.

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In regard to the works to the loading dock, Council’s Principal Co-ordinator Subdivisions has raised no objection to the works. The revised layout of Loading Dock 2 design will not adversely impact on the use of the reminder of the dock function. The applicant provided a Transport Engineering Letter from GTA Consultants which addressed the on-going functionality of the dock. The report advised that the Coles have already relocated their dock use from Loading Dock 2 to Loading Dock 6 and as such the dock is currently used only by Freshworld. Loading dock 2 is accessed via Pennant Street and shares access arrangements with Loading Dock 3. To facilitate the necessary works associated with an expanded Coles tenancy, a new wall is required at the north-east end of Loading Dock 2. The operation of the Freshworld dock is to remain as per existing arrangements with access (and associated manoeuvring area) maintained for all rigid vehicles up to 12.5 metre large rigid trucks. The majority of vehicles accessing the Freshworld loading dock are 6.4 metre small rigid trucks and 8.8 metre medium rigid trucks with vehicles reversing into the dock from the adjacent access and manoeuvring area. The applicant has provided swept paths to confirm that the access arrangement will not be adversely impact on (See Condition 5). As such the loading dock will continue to operate in a satisfactory manner. No objection was raised to the proposal subject to conditions. CONCLUSION The Development Application has been assessed against the relevant heads of consideration under Section 4.15 of the Environmental Planning and Assessment Act, 1979, Local Environmental Plan 2012 and Development Control Plan Part B Section 6 – Business and is considered satisfactory. The Clause 4.6 variation request to height has been reviewed and it is considered that compliance with the LEP FSR standard is unreasonable and unnecessary in this instance. Approval is recommended subject to conditions. IMPACTS Financial This matter has no direct financial impact upon Council's adopted budget or forward estimates. The Hills Future Community Strategic Plan

The proposed development is consistent with the planning principles, vision and objectives outlined within “Hills 2026 – Looking Towards the Future” as the proposed development provides for satisfactory urban growth without adverse environmental or social amenity impacts and ensures a consistent built form is provided with respect to the streetscape and general locality. RECOMMENDATION 1. That the Local Planning Panel approve the variations to the Development Standard

relating to FSR as contained within Local Environmental Plan 2012 as the applicant’s Clause 4.6 objection has adequately addressed the matters required to be demonstrated by Clause 4.6(3) as required by Clause 4.6(4)(a)(1) and the development will in the public interest because it is consistent with objectives of the Height Standard and the objectives of the B4 mixed use zone.

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2. That the Local Planning Panel as the consent authority pursuant to Section 4.16 of

the Environmental Planning and Assessment Act 1979 grant consent to Development Application subject to the conditions below.

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 DATE

AR-SK-00398 Design Sketch Coles Existing Conditions Control Drawing Overlay

21/11/18 Rev. 03

825-SK07 Proposed Layout March 2017

AR-SK-01256_00 Tenancy 200 – Coles Detail Plan Level 01 10/10/2018 Rev. 00

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. Complying Development Certificate Prior to construction of the approved development, it is necessary to obtain a Complying Development Certificate. A Complying Development Certificate may be issued by Council or an Accredited Certifier. Plans submitted are to be amended to incorporate the conditions of the Development Consent.

3. Clause 94 Considerations In carrying out works to the part of the building being the subject of this development consent, the proponent is to make reasonable consideration of the fire safety upgrade condition for the building under DA 864/2015/JP with reference to the BCA upgrade strategy by Philip Chun & Associates, dated 20/06/18, report reference 16-207005_CTSC_Updated FSU Strategy_20180620. Prior to issue of the construction certificate under this consent for Coles Dock works, the applicant for the construction certificate will provide to the Accredited Certifier, a list of items that will be upgraded under this consent, and a separate list of items to be upgraded in this part of the building as part of a further construction certificate in future, under DA864/2015/JP of other regulatory approval in order to close out the upgrade condition.

4. Building Work to be in Accordance with BCA All building work must be carried out in accordance with the provisions of the Building Code of Australia.

5. Loading Dock Adjustments The layout and use of the loading dock is to be amended as outlined in the letter from GTA dated 26/11/2018 Reference N105875. Specifically, Loading Dock 2 will now only include a single loading dock (Freshworld) and the remaining area near the new wall will be kept clear for manoeuvring into and out of the single loading dock (Freshworld) as detailed in that letter. 6. Protection of Public Infrastructure Adequate protection must be provided prior to work commencing and maintained during building operations so that no damage is caused to public infrastructure as a result of the works. Public infrastructure includes the road pavement, kerb and gutter, concrete footpaths, drainage structures, utilities and landscaping fronting the site. The certifier is responsible for inspecting the public infrastructure for compliance with this condition before an Occupation Certificate is issued. Any damage must be made good in accordance with the requirements of Council and to the satisfaction of Council.

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PRIOR TO THE ISSUE OF A COMPLYING DEVELOPMENT CERTIFICATE 7. Section 7.11 Contribution The following monetary contributions must be paid to Council in accordance with Section 7.11 of the Environmental Planning and Assessment Act, 1979, to provide for the increased demand for public amenities and services resulting from the development. Payments comprise of the following:-

The contributions above are applicable at the time this consent was issued. Please be aware that Section 7.11 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 9. 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. DURING CONSTRUCTION 8. 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. ATTACHMENTS 1. Locality Plan 2. Aerial Photograph 3. Location of Proposed Works 4. Internal Layout Plan 5. Clause 4.6 Variation Request

Sum of Retail GLFA

183m ²Development Category Retail

Capital 173.61$ 31,770.63$

Land 24.70$ 4,520.10$

Administration 6.09$ 1,114.47$

Total 204.40$ 37,405.20$

Rate per additional m ² of

Gross Leasable Floor Area

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ATTACHMENT 1 – LOCALITY PLAN

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ATTACHMENT 2 – AERIAL PHOTOGRAPH

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ATTACHMENT 3 – LOCATION OF PROPOSED WORKS

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ATTACHMENT 4 – INTERNAL LAYOUT PLAN

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ATTACHMENT 5 - CLAUSE 4.6 VARIATON REQUEST

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