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Development Assessment Unit Tuesday, 07 March 2017 THE HILLS SHIRE COUNCIL

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Page 1: Development Assessment Unit - The Hills Shire · 2020. 3. 11. · changes relating to balcony balustrade design and materials. PROPOSAL Development Consent was granted by the then

Development Assessment

Unit

Tuesday, 07 March 2017

THE H

ILLS S

HIR

E C

OU

NC

IL

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DEVELOPMENT ASSESSMENT UNIT MEETING 07 MARCH, 2017

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA NO. 136/2015/JP/A - SECTION 96(1A)

MODIFICATION TO AN APPROVED RESIDENTIAL

FLAT BUILDING DEVELOPMENT - LOT 42, 43, 44

& 45 DP 1171547 SWIFT PARROT CLOSE,

KELLYVILLE

5

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MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE

HILLS SHIRE COUNCIL ON TUESDAY, 28 FEBRUARY 2017

PRESENT

Cameron McKenzie Group Manager – Environment & Planning (Chair)

Paul Osborne Manager – Development Assessment

Andrew Brooks Manager – Subdivision & Development Certification

Mark Colburt Manager – Environment & Health

Craig Woods Manager – Regulatory Services

Brent Woodhams Forward Planning Co-ordinator

Kristine McKenzie Principal Executive Planner

APOLOGIES

Stewart Seale Manager – Forward Planning

TIME OF COMMENCEMENT

8:30am

TIME OF COMPLETION

8:40am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 21

February 2017 be confirmed.

ITEM-2 DA NO. 570/2017/LD - DEMOLITION OF EXISTING

STRUCTURES AND CONSTRUCTION OF A DWELLING

ON PROPOSED LOT 2 IN A SUBDIVISION OF LOT 43

DP 6722, NO. 120 OLD NORTHERN ROAD,

BAULKHAM HILLS

RESOLUTION

The application be approved subject to conditions as set out in the report with Condition

No. 1 to be amended as follows:

1. Development in Accordance with Submitted Plans

The development being carried out in accordance with the following approved plans and

details, as amended in red, stamped and returned with this consent except where

amended by other conditions of consent.

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The amendment in red relates to the rear ground floor balcony which is required to have

a solid balustrade.

REFERENCED PLANS AND DOCUMENTS

DRAWING NO. DESCRIPTION REVISION DATE

DA000 Cover Page B 07/12/2016

DA001 Demolition Plan A 16/09/2016

DA002 Site Plan A 16/09/2016

DA003 Basement Floor Plan B 07/12/2016

DA004 Ground Floor Plan B 07/12/2016

DA005 First Floor Plan B 07/12/2016

DA006 Second Floor Plan A 16/09/2016

DA007 Sections B 07/12/2016

DA008 Front and Rear Elevations B 07/12/2016

DA009 Side Elevations B 07/12/2016

DA010 Area Calculations A 16/09/2016

DA017 External Colours and Finishes B 07/12/2016

L101 Landscape Plan A 19/09/2016

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

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

END MINUTES

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DEVELOPMENT ASSESSMENT UNIT MEETING 07 MARCH, 2017

PAGE 5

ITEM-2 DA NO. 136/2015/JP/A - SECTION 96(1A)

MODIFICATION TO AN APPROVED RESIDENTIAL

FLAT BUILDING DEVELOPMENT - LOT 42, 43, 44 &

45 DP 1171547 SWIFT PARROT CLOSE, KELLYVILLE

THEME: Balanced Urban Growth

OUTCOME: 7 Responsible planning facilitates a desirable living

environment and meets growth targets.

STRATEGY:

7.2 Manage new and existing development with a robust

framework of policies, plans and processes that is in

accordance with community needs and expectations.

MEETING DATE: 7 MARCH 2017

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: DEVELOPMENT ASSESSMENT COORDINATOR

ROBERT BUCKHAM

RESPONSIBLE OFFICER: PRINCIPAL EXECUTIVE PLANNER

KRISTINE MCKENZIE

EXECUTIVE SUMMARY

Development Consent was granted by the then Joint Regional Planning Panel (now

Sydney West Central Planning Panel) on 5 March 2015 for five x five storey buildings

containing 185 dwellings with 424 car parking spaces within the basement. The

approved development provided 20 x 1 bedroom units, 145 x 2 bedroom units and 20 x

3 bedroom units.

The subject modification application is for a modified design that results in an additional

eight units, an alternate mix of units and other minor design amendments. The modified

development does not alter building footprints, setbacks or building heights.

The modified proposal will provide for a total 193 units resulting in 36 x 1 bedroom

units, 119 x 2 bedroom units and 38 x 3 bedroom units. In addition, parking will be

increased to 428 spaces.

The proposal remains compliant with Council’s LEP, DCP, and the provisions of SEPP 65

and the Apartment Design Guideline.

Two submissions were received to the proposal which raise concern regarding balcony

design and privacy impacts, the impact of additional population, construction noise,

building height and garbage facilities. These matters are addressed in detail in the report

and have either been addressed by the modified design or were addressed as part of the

original application.

The application is recommended for approval.

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BACKGROUND MANDATORY REQUIREMENTS

Applicant: JQ Point Pty Ltd. 1. Section 79C (EP&A Act) –

Satisfactory

Owner: JQ Point Pty Ltd.

2. Section 96 (EP&A Act) - Satisfactory

Zoning: R4 High Density

Residential

3. LEP 2012 – Satisfactory.

Area:

Existing Development:

22,819m2

Vacant Land

4. SEPP 65 – Design Quality of

Apartment Development –

Satisfactory

5. State Environmental Planning Policy

No 55—Remediation of Land –

Satisfactory

6. DCP Part D Section 5 –

Kellyville/Rouse Hill Release Area –

Satisfactory

7. DCP Part B Section 5 – Residential

Flat Buildings – Satisfactory

8. DCP Part C Section 1 – Parking –

Satisfactory.

9. Section 94 Contribution:

$2,316,726.32

SUBMISSIONS REASON FOR REFERRAL TO DAU

1. Exhibition: Not Required 1. More than one submission to a

Section 96 Application.

2. Notice Adj Owners: Yes, 14 days

3. Number Advised: 49

4. Submissions

Received:

Two POLITICAL DONATION – None disclosed

HISTORY

05/05/2015 Development Application 136/2015/JP approved by the then

Joint Regional Planning Panel (now Sydney West Central

Planning Panel).

13/04/2016 Subject Section 96(1A) Modification 136/2015/JP/A lodged.

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21/09/2016 Concerns raised in an objection regarding overlooking and

privacy forwarded to the applicant for consideration. The

objection specifically requested obscure glazed balustrades

minimum 1.2m high on balconies on the west elevation of Block

A and the west elevation of units on the northern half of Block

B in combination with tall and dense landscaping to the front of

the building.

17/10/2016 Applicant advised that they do not agree to the requested

changes relating to balcony balustrade design and materials.

PROPOSAL

Development Consent was granted by the then Joint Regional Planning Panel (now

Sydney West Central Planning Panel) on 5 March 2015 for for five x five storey buildings

containing 185 dwellings with 424 car parking spaces within the basement. The

approved development provided 20 x 1 bedroom units, 145 x 2 bedroom units and 20 x

3 bedroom units.

This Section 96(1A) Modification seeks to amend the following:

Increase in the overall unit numbers by eight additional units (total 193) resulting in

the following mix;

36 x 1 bedroom units;

119 x 2 bedroom units;and

38 x 3 bedroom units.

Removal of tennis court and the relocation of the approved swimming pool to the

vacated tennis court location. A half basketball court is provided in the previous

location of the approved swimming pool.

Improved cross ventilation to some units through the provision of additional windows

to bathrooms and ensuites or relocating the position of other windows.

Entry canopy added to each entry/exit point for Blocks A, B, C, D and E.

The addition of columns to corners of balconies for greater structural stability.

Removal of balcony planters to all Level 4 units which will be replaced by privacy

screens.

Car parking spaces increased from 424 to 428, including 350 resident and 78 visitor

spaces.

Two balconies on level 1 are proposed to be amended from soild masonary to open

style aluminum construction.

ISSUES FOR CONSIDERATION

1. The Hills Local Environmental Plan 2012

(i) Permissibility

The proposal is defined as a residential flat building:

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“residential flat building” means a building containing 3 or more dwellings, but does

not include an attached dwelling or multi dwelling housing.

A residential flat building remains permissible within the R4 High Density Residential

zone.

(ii) The Hills LEP 2012 - Development Standards

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

subject proposal:

CLAUSE REQUIRED PROVIDED COMPLIES

4.3 Height of

buildings

16 metres 16 metres Yes

2. Compliance with The Hills Development Control Plan

The proposal has been assessed against the provisions of The Hills Development Control

Plan (THDCP) particularly:-

Part B Section 5 – Residential Flat Buildings

Part C Section 1 – Parking

Part C Section 3 – Landscaping

Part D Section 5 – Kellyville Rouse Hill Release Area

The proposed development achieves compliance with the relevant requirements of the

DCP. The development, with eight additional units and amended units mix, remains

compliant with Council unit mix and size controls. In addition the parking continues to

comply with the DCP requirements.

The proposal is considered satisfactory in regard to the DCP requirements.

3. Compliance with State Environmental Planning Policy (SEPP) No. 65 –

Design Quality of Residential Apartment Development and Apartment

Design Guideline

The amended proposal contains minor changes to the approved development. The

majority of the revisions are internal changes which respond to the detailed design.

The building configuration and size is predominantly unchanged, with the exception of an

increase in unit numbers. It is noted that the additional units will not have an impact on

the overall natural ventilation and solar access calculations. The relevant provisions of

the Residential Apartment Design Code are addressed below:

Height: No changes to the approved height.

Setbacks: No changes to approved setbacks.

Landscape Design: No changes to the approved landscape plan.

Apartment Sizes: The eight additional units comply with the minimum unit size

requirements.

Balconies: The balconies associated with the eight additional units comply with the

minimum balcony depth.

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Internal Circulation: No changes to the approved internal circulation for the five

buildings.

Storage: The eight additional units are provided with appropriate storage space

within the basement level and the unit.

Energy Efficiency: An updated BASIX certificate indicates energy efficiency for each

residential unit, including the proposed additional units.

Solar Access: Development continues to comply with solar access requirements with

71% or 137 units achieving the minimum of 3 hours of solar access at mid-winter

(ADG criteria is 70%).

Natural Ventilation: Proposal will increase the overall percentage of units that receive

natural ventilation, with a total of 90% of units to receive natural ventilation.

The proposal is considered satisfactory in regard to SEPP 65 and ADG requirements.

4. Section 96 of the Environmental Planning and Assessment Act, 1979

Under the provisions of Section 96 of the Environmental Planning and Assessment Act,

1979, Council may, in response to an application, modify a consent if the development,

as modified, is substantially the same development as originally approved.

The proposed modification involves minor changes to the built form which are considered

reasonable given that:

a. There are no changes to building footprints;

b. There is no change to overall use of the building or site.

The proposed modifications are minor and do not impact upon compliance with the

requirements of SEPP 65, LEP 2012 or Council’s DCP. The proposal continues to comply

with the provisions of the relevant planning controls and is satisfactory in terms of the

aims and objectives of the SEPP.

The proposed modification is considered to be substantially the same development as

originally approved by Council.

The original development was determined by JRPP as the Capital Investment Value

exceeded $20 million. In addition, regional panels are also responsible for determining

applications to modify a consent for regionally significant development under Section

96(2) of the EP & A Act. As the proposed modification is under the provisions of Section

96(1A) of the EP & A Act, Council is the determining body for the application.

5. Issues Raised in Submissions

The application was notified for a period of 14 days. Two submissions were received. The

issues (summarised) raised within the submissions are outlined within the following

table.

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ISSUE/OBJECTION COMMENT OUTCOME

Concern is raised regarding

overlooking and privacy

into the backyard of our

property. Obscure glazed

balustrades minimum 1.2m

high on balconies on the

west elevation of Block A

and the west elevation of

units on the northern half

of Block B in combination

with tall and dense

landscaping to the front of

the building would address

our concern.

With the exception of two balcony

balustrades on the first floor, all

balcony balustrades on Buildings A

and B were approved as aluminium

open style construction. Two

balconies on Level 1 are proposed to

be amended from solid masonry to

an aluminium open style construction

consistent with all other balustrades,

all other balustrades referred to are

proposed to remain as approved.

A comparison between the façade

design of Building A and B is

provided at Attachment 7. It is

considered that overall, the design of

the facades and balcony treatments

is consistent with that of the

approved development.

The alteration to the building layouts

has however resulted in additional

balcony area fronting Swift Parrot

Close. Given the resultant additional

increase in balcony area fronting

Swift Parrot Close and the orientation

of the balconies to the private open

space area of No. 1 Blue Wren Way it

is considered appropriate to

recommend that all balconies on the

western elevation of Building A and

the west elevation on the northern

half of Building B be provided with

solid balustrades or obscure glazed

balustrades to limit the opportunity

for direct overlooking of the property

to the west.

Issue addressed.

Refer Condition

No.1.

An increase in unit numbers

and car spaces. Already

the Grey Gum Estate is

becoming over-populated

and once these units are

built it will create traffic

chaos, especially during

netball season. The

applicant should be made

to adhere to the original DA

and not try and 'squeeze' in

even more units/car

spaces.

Whilst there will be a minor increase

in vehicle trips as a result of the

additional eight units, the impact on

the operational efficiency of the

single lane circulating roundabout on

Withers Road is negligible. To verify

this statement and by utilising the

future predicted traffic volumes for

Withers Road contained within the

North Kellyville Traffic Assessment, in

house SIDRA modelling has

confirmed that the single lane

roundabout at Withers Road and the

estate access will continue to operate

at a satisfactory level of service up

until approximately 2019, at which

Issue addressed.

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ISSUE/OBJECTION COMMENT OUTCOME

time an upgrade to two circulating

lanes will be required to reduce

queue lengths on the eastern

approach of Withers Road. It is also

noted that parking has been provided

in accordance with the DCP

requirements.

Given the size of the

development and noise

from ground works, Council

should pro-actively restrict

rock breaking noise to the

hours of Monday to Friday

9am to 3pm prior to

residents having to

complain. Council is well

aware of how loud and

disturbing the rock

breaking is, so why wait for

local residents to complain

about it?

In order to provide clarification to the

applicant in relation to rock breaking,

a condition has been added in

relation to rock breaking.

The condition states:

Upon receipt of a justified complaint

in relation to noise pollution

emanating from rock breaking as

part of the excavation and

construction processes, rock breaking

will be restricted to between the

hours of 9am to 3pm, Monday to

Friday.

Details of noise mitigation measures

and likely duration of the activity will

also be required to be submitted to

Council’s Manager – Environment and

Health within seven (7) days of

receiving notice from Council.

Council’s Development Monitoring

Team will action any complaints in

relation to construction noise.

Issue addressed.

Refer to

additional

Condition 64A.

Are garbage facilities being

increased?

The approved garbage room is able

to cater for the required bin storage

required by the proposed

modifications.

Issue addressed.

Are the finished building

heights staying within the

16m height restriction?

The proposed modifications do not

alter the height of the building. The

building remains compliant with the

16m height level control.

Issue addressed.

SUBDIVISION ENGINEERING COMMENTS

No objection raised to the proposal. An amended condition is recommended to reflect

turning bays required at intercom points (Refer Condition No 17).

WASTE MANAGEMENT COMMENTS

No objection raised to the proposal. An amended condition relating to bin numbers in

recommended to reflect the revised waste arrangements for the development (Refer

Condition No. 23).

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CONCLUSION

The proposed development has been assessed against the relevant heads of

consideration under Section 79C and 96 of the Environmental Planning and Assessment

Act, 1979, the provisions of LEP 2012, DCP Part B Section 5 – Residential Flat Buildings,

Part C Section 1 Parking and Part C Section 3 Landscaping and is considered satisfactory.

The issues raised within the submissions have been addressed and do not warrant

refusal of the application.

Approval is recommended subject to conditions.

IMPACTS:

Financial

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

estimates.

The Hills Future Community Strategic Plan

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

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

development provides for satisfactory urban growth without adverse environmental or

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

the streetscape and general locality.

RECOMMENDATION

The Modification Application be approved subject to the following:

Conditions Nos. 1, 3, 17, 23, 29, 30 and 57 be deleted and replaced as follows:

1. Development in Accordance with Submitted Plans (as amended)

The development being carried out in accordance with the following approved plans and

details, stamped and returned with Development Consent 135/2015/JP including the

amendments in red and as further modified by this consent except where amended by

other conditions of consent.

As detailed in red on the plans all balconies on the western elevation of Building A and

the western elevation on the northern half of Building B shall be provided with solid

balustrades or obscure glazed balustrades.

REFERENCED PLANS

DRAWING NO. DESCRIPTION SHEET REVISION DATE

14-025 Site / Site Analysis Plan 01 E 08/04/2016

14-025 Basement Plan 02 E 08/04/2016

14-025 Ground Floor Plan 03 E 08/04/2016

14-025 First Floor Plan 04 E 08/04/2016

14-025 Second Floor Plan 05 E 08/04/2016

14-025 Third Floor Plan 06 E 08/04/2016

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14-025 Fourth Floor Plan 07 E 08/04/2016

14-025 Roof Plan 08 E 08/04/2016

14-025 Elevations 09 E 08/04/2016

14-025 Sections 10 E 08/04/2016

14-025 Sections 11 E 08/04/2016

14-025 Schedule of Finishes 15 E 08/04/2016

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

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

3. Provision of Parking Spaces

The development is required to be provided with 350 resident spaces and 78 visitor

spaces being a total 428 off-street car parking spaces. These car parking spaces shall be

available for off street parking at all times.

17. Vehicular Access and Parking

The formation, surfacing and drainage of all driveways, parking modules, circulation

roadways and ramps are required, with their design and construction complying with:

a) AS/ NZS 2890.1

b) AS/ NZS 2890.6

c) AS 2890.2

d) Council’s DCP Part C Section 1 – Parking

e) Council’s Driveway Specifications

Where conflict exists the Australian Standard must be used.

The following must be provided:

i. All driveways, car parking areas and service area must be prominently and

permanently line marked, signposted and maintained to ensure entry and exit is

in a forward direction at all times and that parking and traffic circulation is

appropriately controlled.

ii. The design must consider the largest design service vehicle expected to enter the

site. All three driveways are to be redesigned to ensure compliant to design

standards.

iii. The middle driveway that also provides access for service vehicles must be

redesigned to ensure design compliant, also with respect to ramp grades and

rates of change of grade in accordance with Table 3.2 of AS 2890.2.

iv. The bottom part of the middle driveway, where waste collection service is

proposed, the area must be designed to provide adequate vertical clearance 3.5m

(Table 4.1 of AS 2890.2) and adequate manoeuvring area to facilitate operation

of service vehicles in forward direction.

v. All driveways and car parking areas must be graded, collected and drained by pits

and pipes to a suitable point of legal discharge.

vi. A turning area within the proposed driveway entrance/ intercom location to

ensure visitor vehicles are able to manoeuver and the leave the site in forward

direction using a combined three point turn manoeuvring should intercom is not

answered and access denied.

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23. Construction of Waste Storage Area

All work involving construction of the central waste storage room is required to comply

with the requirements of Council’s ‘Bin Storage Facility Design Specifications’. Further to

these requirements, the room must also be adequately ventilated (mechanically) and

internally light (artificial light). Storage facility must be provided for a minimum number

of 21 x 1100L bulk garbage bins and 97 x 240L recycling bins. The measurements of an

1100L and 240L bin are as follows:

240L: 735mm (d) 580mm (w) 1080mm (h)

1100L: 1245mm (d) 1370mm (w) 1470mm (h)

29. Section 94 Contribution

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

94 of the Environmental Planning and Assessment Act, 1979, to provide for the

increased demand for public amenities and services resulting from the development.

Payments comprise of the following:-

The contributions above are applicable at the time this consent was issued. Please be

aware that Section 94 contributions are updated quarterly.

Prior to payment of the above contributions, the applicant is advised to contact Council’s

Development Contributions Officer on 9843 0268. Payment must be made by cheque or

credit/debit card. Cash payments will not be accepted.

This condition has been imposed in accordance with Contributions Plan No 8.

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. Property Numbering and Letterbox Location

The responsibility for property numbering is vested solely in Council.

The property address for this development is: -

3 Swift Parrot Close, Kellyville NSW 2155 (entry point 3 between Block E and Block D)

5 Swift Parrot Close, Kellyville NSW 2155 (entry point 2 between Block D and Block C)

7 Swift Parrot Close, Kellyville NSW 2155 (entry point 1 between Block A and Block B)

Land Information has prepared marked plans (from plans supplied by Architect dated

20/11/2015 Issue E) to reflect correct Unit numbering as per the NSW Address Policy

(6.5.5) dated March 2015. Plans relating to this development must be numbered by

applicant so that any reference to a particular unit for any purpose, including marketing,

will reflect the approved numbering. Note: Unit numbers cannot be repeated anywhere

throughout the site – regardless of building name or number.

Unit Numbering (clockwise from lift location)

Levels Block A Block B Block C Block D Block E

Ground G01-G09 G10-G18 G19-G26 G27-G34 G35-G42

1st 101-109 110-118 119-126 127-134 135-142

2nd 201-209 210-218 219-226 227-234 235-242

3rd 301-309 310-318 319-326 327-334 335-342

4th 401-405 406-410 411-415 416-420 421-425

1br per Unit 2br per Unit 3br per Unit Credit 1 Bedroom: 36 2 Bedroom: 119 3 Bedroom: 38 Credits: 4 Section 94

Open Space - Land 3,553.01$ 5,739.47$ 7,379.32$ 10,112.40$ 127,908.36$ 682,996.93$ 280,414.16$ 40,449.60$ 1,050,869.85$

Open Space - Capital 1,461.34$ 2,360.62$ 3,035.08$ 4,159.19$ 52,608.24$ 280,913.78$ 115,333.04$ 16,636.76$ 432,218.30$

Community Facilities - Land 76.56$ 123.68$ 159.02$ 217.91$ 2,756.16$ 14,717.92$ 6,042.76$ 871.64$ 22,645.20$

Community Facilities - Capital 662.84$ 1,070.75$ 1,376.67$ 1,886.55$ 23,862.24$ 127,419.25$ 52,313.46$ 7,546.20$ 196,048.75$

Studies and Administration 101.93$ 164.65$ 211.70$ 290.11$ 3,669.48$ 19,593.35$ 8,044.60$ 1,160.44$ 30,146.99$

Roadworks - Land 585.41$ 945.66$ 1,215.85$ 1,666.16$ 21,074.76$ 112,533.54$ 46,202.30$ 6,664.64$ 173,145.96$

Roadworks - Capital 1,391.80$ 2,248.29$ 2,890.66$ 3,961.28$ 50,104.80$ 267,546.51$ 109,845.08$ 15,845.12$ 411,651.27$

Total 7,832.89$ 12,653.12$ 16,268.30$ 22,293.60$ 281,984.04$ 1,505,721.28$ 618,195.40$ 89,174.40$ 2,316,726.32$

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These numbers, unless otherwise approved by Council in writing, are to be displayed

clearly on all door entrances.

Clear and accurate external directional signage is to be erected on site at driveway entry

points and on buildings. Unit numbering signage is also required on stairway access

doors and lobby entry doors. It is essential that all numbering signage throughout the

complex is clear to assist emergency service providers locate a destination with ease and

speed.

Please also request unit numbering plans be submitted – numbered as above with

reference to plans prepared by Land Information.

Written correspondence from Australia Post, certifying their approval to the proposed

location of the letterboxes must accompany this plan. Australia post normally requires

there be one (1) single group of cluster letterboxes. Should more than one (1) cluster

be required, or should a combination of cluster and individual be required, Australia Post

approval is necessary.

57. Compliance with BASIX Certificate

Under clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a

condition of this Development Consent that all commitments listed in BASIX Certificate

No. 562506M_02 be complied with. Any subsequent version of this BASIX Certificate will

supersede all previous versions of the certificate.

A Section 96 Application may be required should the subsequent version of this BASIX

Certificate necessitate design changes to the development. However, a Section 96

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

Condition 64A be added:

64A. Rock Breaking Noise

Upon receipt of a justified complaint in relation to noise pollution emanating from rock

breaking as part of the excavation and construction processes, rock breaking will be

restricted to between the hours of 9am to 3pm, Monday to Friday.

Details of noise mitigation measures and likely duration of the activity will also be

required to be submitted to Council’s Manager – Environment and Health within seven

(7) days of receiving notice from Council.

ATTACHMENTS

1. Locality Plan

2. Aerial Photograph

3. Approved Site Plan

4. Proposed Site Plan

5. Approved Elevations

6. Proposed Elevations

7. Comparison of Facades

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ATTACHMENT 1 – LOCALITY PLAN

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ATTACHMENT 2 – AERIAL PHOTOGRAPH

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ATTACHMENT 3 – APPROVED SITE PLAN

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ATTACHMENT 4 – PROPOSED SITE PLAN

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ATTACHMENT 5 – APPROVED ELEVATIONS

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ATTACHMENT 6 – PROPOSED ELEVATIONS

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ATTACHMENT 7 – COMPARISON OF FACADES

Block A Block B

Approved facade Block A and B. Note solid balustrade on

first floor of Block A only

Proposed Facades of Block A and B.