minutes of the duly convened ordinary meeting of the hills ...€¦ · swimming pool and spa,...

MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 August 2016

This is of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 9 August 2016

ITEM SUBJECT PAGE ITEM-1 CONFIRMATION OF MINUTES 3

COMMUNITY FORUM 3

ITEM-2 NOTICE OF MOTION - POLYSTYRENE WASTE 3

ITEM-3 DA NO. 960/2016/MD - A THREE STOREY DWELLING WITH BASEMENT GARAGE AND ATTIC, SWIMMING POOL AND SPA, ILLUMINATED TENNIS COURT, HORSE STABLE, FRONT FENCING, RETAINING WALLS AND ASSOCIATED LANDSCAPING - LOT 4 DP 286534 - 6 CLARKE WAY, KENTHURST

4

ITEM-4 DA NO. 1021/2016/HA - ALTERATIONS AND ADDITIONS TO AN EXISTING SENIORS HOUSING DEVELOPMENT (WIRREANDA VILLAGE) - LOT 1 DP 530744, LOT 12 DP 814612, LOT 982 DP 822238 - 33 HIGHS ROAD, WEST PENNANT HILLS

19

ITEM-5 PLANNING PROPOSAL REPORT 1-13 BARRAWARN PLACE CASTLE HILL 7/2016/PLP

15

ITEM-6 PLANNING PROPOSAL 15-27 GARTHOWEN CRESCENT, CASTLE HILL (10/2016/PLP)

17

ITEM-7 POST EXHIBITION - CIRCA PRECINCT SENIORS HOUSING (15/2015/PLP)

18

ITEM-8 HAWKESBURY RIVER COUNTY COUNCIL DELEGATE 29

QUESTIONS WITHOUT NOTICE 29



388 PRESENT

Clr Dr M R Byrne (Mayor, in the Chair) Clr Y D Keane (Deputy Mayor) Clr Dr P J Gangemi Clr R K Harty OAM Clr A J Hay OAM Clr A N Haselden Clr R A Preston Clr M O Taylor MP Clr M G Thomas Clr R M Tracey

389 APOLOGIES

Clr Dr J N Lowe

390 TIME OF COMMENCEMENT

7.11pm

391 TIME OF COMPLETION

8.58pm

392 DECLARATIONS OF INTEREST

Item 5 Councillor Keane Item 6 Councillor Keane

393 ARRIVALS AND DEPARTURES

7.14pm Councillor Preston arrived at the meeting during the Prayer.

394 DISSENT FROM COUNCIL'S DECISIONS

Nil.

395 ADJOURNMENT & RESUMPTION

Nil.



ITEM-1 CONFIRMATION OF MINUTES A MOTION WAS MOVED BY COUNCILLOR TAYLOR MP AND SECONDED BY COUNCILLOR PRESTON THAT the Minutes of the Ordinary Meeting of Council held on 26 July 2016 be confirmed. THE MOTION WAS PUT AND CARRIED.

396 RESOLUTION

The Minutes of the Ordinary Meeting of Council held on 26 July 2016 be confirmed. APOLOGIES A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR THOMAS THAT the apology from Councillor Dr Lowe be accepted and leave of absence granted. THE MOTION WAS PUT AND CARRIED.

397 RESOLUTION

The apology from Councillor Dr Lowe be accepted and leave of absence granted.

COMMUNITY FORUM

398 DRAFT LANDSCAPE MASTER PLAN BERNIE MULLANE SPORTS COMPLEX

Anthony Milostic of Kellyville, representing the local community especially those living near Bernie Mullane Sports Complex, Kellyville strongly expressed their safety concerns to Council’s proposal of removing the dam and replacing it with a concrete car park in a no through road area. Mr Milostic noted that this spot is a special place where the residents take their grandkids and children and have fun. Mr Milostic also spoke about the dynamic change to the community that this proposal will bring to this area and has put in a submission for an alternate car park arrangement and requests the Councillors to consider and ensure that the appropriate officers do explore other areas so that the dam can be left as is. If a car park is required, it should be located in a place within the park that will not cause safety concerns.

ITEM-2 NOTICE OF MOTION - POLYSTYRENE WASTE

A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR HAY OAM THAT Council believes that the use of Expanded Polystyrene in packaging can and should be avoided and asks the Federal Minister for the Environment to consider its concerns when developing environmental legislation and controls.

399 RESOLUTION

Council believes that the use of Expanded Polystyrene in packaging can and should be avoided and asks the Federal Minister for the Environment to consider its concerns when developing environmental legislation and controls.



ITEM-3 DA NO. 960/2016/MD - A THREE STOREY DWELLING WITH BASEMENT GARAGE AND ATTIC, SWIMMING POOL AND SPA, ILLUMINATED TENNIS COURT, HORSE STABLE, FRONT FENCING, RETAINING WALLS AND ASSOCIATED LANDSCAPING - LOT 4 DP 286534 - 6 CLARKE WAY, KENTHURST

A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR TAYLOR MP THAT the Recommendation contained in the report be adopted. THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.

400 RESOLUTION

The Development Application be approved subject to the following conditions of consent. 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. 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

The amendments in red include: - Notations regarding construction requirements.

REFERENCED PLANS

DRAWING NO DESCRIPTION SHEET REVISION DATE

01/16 BASIX Requirements 01/16 B 23/06/2016

1A/16 Fire Service Requirements 1A/16 C 23/06/2016

1B/16 Fire Service Requirements 1B/16 C 23/06/2016

02/16 Location Plan 02/16 E 23/06/2016

03/16 Site Plan 03/16 E 23/06/2016

04/16 Basement Plan 04/16 D 23/06/2016

05/16 Ground Floor Plan 05/16 D 23/06/2016

06/16 First Floor Plan 06/16 D 23/06/2016

07/16 Attic Plan 07/16 D 23/06/2016

08/16 Roof Plan 08/16 D 23/06/2016

09/16 Main Dwelling Elevations 09/16 E 23/06/2016

10/16 Main Dwelling Elevation and

Section A-A

10/16 E 23/06/2016

11/16 Entertainment Outbuilding

Elevations and Section B-B

11/16 D 23/06/2016

12/16 Site Coverage Calculations 12/16 C 20/01/2016



13/16 Landscape (Part) Plan 13/16 D 23/06/2016

14/16 Horse Stable Floor and Roof

Plan

14/16 D 23/06/2016

15/16 Horse Stable Elevations and

Section C-C

15/16 D 23/06/2016

16A/16 Tennis Court Detail and

Lighting Plan

16A/16 C 20/01/2016

16/16 Tennis Court Elevations Detail 16/16 C 20/01/2016

01/01 In-ground Pool Details 01/01 C 20/01/2016

6337 Drainage Plan 1 of 3 A 01/05/2016

6337 Absorption Trench Design 2 of 3 A 01/05/2016

6337 Raintank Details 3 of 3 A 01/05/2016

0117-14/15 Schedule of Finishes 19

pages

A 24/06/2015

2. 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.

3. Adherence to Waste Management Plan All requirements of the Waste Management Plan submitted to and approved by Council must be implemented during the construction and/or demolition phases of the development, as well as the ongoing management phase. The information submitted can change provided that the same or a greater level of reuse and recycling is achieved as detailed in the plan. Any material moved offsite is to be transported in accordance with the requirements of the Protection of the Environment Operations Act 1997 and only to a place that can lawfully be used as a waste facility. Receipts of all waste/recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them.

Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square metres or more of asbestos sheeting) must provide information to the NSW EPA regarding the movement of waste using their WasteLocate online reporting tool www.wastelocate.epa.nsw.gov.au.

4. Management of Construction 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.


5. Commencement of Domestic Waste Service The property owner or agent acting for the owner must ensure to arrange the commencement of a domestic waste service with Council. The service is to be arranged no earlier than two days prior to occupancy and no later than two days after occupancy of the development. All requirements of Council’s domestic collection service must be complied with at all times. Please telephone Council on (02) 9843 0310 for the commencement of waste services.

6. Restriction on Building Use The entertainment out building is not to be used or converted for use for separate habitation, dual occupancy, commercial or industrial purposes.

7. External Finishes External finishes and colours shall be in accordance with the details submitted with the development application and approved with this consent.

8. Light Restriction – Tennis Court The proposed court lights are to be adjustable on their mountings and provided with shades to ensure that the spread of light is restricted to the court only.

9. Private Use of Tennis Court The proposed tennis court is to be private use only and not in conjunction with any commercial activity or let to the general public.

10. Chainwire Fencing All chainwire fencing for the court is to be black or green coloured wire.

11. Absorption Trench The absorption trench must be constructed in accordance with the stormwater plan prepared by Nastasi and Associates Drawing 6337 Revision A dated 1/05/2016.

The following requirements also apply:

a) The trench must be at least 3m clear of the dwelling and the property boundary.

b) The trench must be sized by a suitably qualified and experienced hydraulic engineer. At a minimum, 1.8 cubic metres of volume must be provided per 100 square metres of roof/ hardstand area.

c) Rainwater reuse tank 20,000 litre must be incorporated as part of the overall site stormwater strategy.

A detailed design plan showing full construction details must be prepared by a suitably qualified and experienced hydraulic engineer. This plan must be included with the documentation approved as part of any Construction Certificate.

12. Tree Removal Approval is granted for the removal of twenty one (21) trees as shown on site plan prepared by JS Architects dated 23/06/2016.

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.



13. Planting Requirements All trees planted as part of the approved landscape plan are to be minimum 25 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.

An additional five (5) x 25L Eucalyptus punctata trees are to be planted in the western corner of the property, these trees are to be greater than 3m from the tennis court.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 14. Section 94A Contribution Pursuant to section 80A (1) of the Environmental Planning and Assessment Act 1979, and The Hills Section 94A Contributions Plan, a contribution of $19,989.90 shall be paid to Council. This amount is to be adjusted at the time of the actual payment in accordance with the provisions of the Hills Section 94A Contributions Plan.

The contribution is to be paid prior to the issue of the Construction Certificate or Complying Development Certificate.

You are advised that the maximum percentage of the levy for development under section 94A of the Act having a proposed construction cost is within the range specified in the table below;

Proposed cost of the development Maximum percentage of the levy

Up to $100,000 Nil

$100,001 - $200,000 0.5 %

More than $200,000 1%

PRIOR TO WORK COMMENCING ON THE SITE 15. Council as Principal Certifying Authority A sign is to be erected displaying the following information;-

Principal Certifying Authority The Hills Shire Council P.O. Box 75 CASTLE HILL NSW 1765 Ph 9843 0555

The name of the person in charge of the work, a contact phone number outside of work hours and a statement that unauthorised entry to the work site is prohibited. Such sign be maintained while the building work is carried out and removed on completion.

16. Builder and PCA Details Required Notification in writing of the builder’s name, address, telephone and fax numbers to be submitted to the Principal Certifying Authority prior to work commencing.

Two days before work commences, Council shall be notified of the Principal Certifying Authority in accordance with the Regulations.

17. Management of Building Sites – Builder’s Details The erection of suitable fencing or other measures to restrict public access to the site and building works, materials or equipment when the building work is not in progress or the site is otherwise unoccupied.

The erection of a sign, in a prominent position, stating that unauthorised entry to the site is not permitted and giving an after hours contact name and telephone number. In



the case of a privately certified development, the name and contact number of the Principal Certifying Authority.

18. Consultation with Service Authorities Applicants are advised to consult with Telstra, NBN Co and Australia Post regarding the installation of telephone conduits, broadband connections and letterboxes as required.

Unimpeded access must be available to the electricity supply authority, during and after building, to the electricity meters and metering equipment.

The building plans must be submitted to the appropriate Sydney Water office to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements. If the development complies with Sydney Water’s requirements, the building plans will be stamped indicating that no further requirements are necessary.

19. Approved Temporary Closet An approved temporary closet connected to the sewers of Sydney Water, or alternatively an approved chemical closet is to be provided on the land, prior to building operations being commenced.

20. Erosion and Sedimentation Controls Erosion and sedimentation controls shall be in place prior to the commencement of site works; and maintained throughout construction activities until the site is landscaped and/or suitably revegetated. The controls shall be in accordance with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

21. Stabilised Access Point A stabilised all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised. The controls shall be in accordance with the requirements with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

22. Sydney Water Building Plan Approval A building plan approval must be obtained from Sydney Water Tap in™ to ensure that the approved development will not impact Sydney Water infrastructure. A copy of the building plan approval receipt from Sydney Water Tap in™ must be submitted to the Principal Certifying Authority upon request prior to works commencing. Please refer to the website http://www.sydneywater.com.au/tapin/index.htm, Sydney Water Tap in™, or telephone 13 20 92. 23. 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.

DURING CONSTRUCTION 24. 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.

25. Dust Control The emission of dust must be controlled to minimise nuisance to the occupants of the surrounding premises. In the absence of any alternative measures, the following measures must be taken to control the emission of dust:

• Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the construction work;

• All dusty surfaces must be wet down and suppressed by means of a fine water spray. Water used for dust suppression must not cause water pollution; and

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

26. Survey Report Survey Certificate to be submitted to the Principal Certifying Authority at footings and/or formwork stage. The certificate shall indicate the location of the building in relation to all boundaries, and shall confirm the floor level prior to any work proceeding on the building.

27. 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. 691421S_02 are to be complied with. Any subsequent version of this BASIX Certificate will supersede all previous versions of the certificate.

A Section 96 Application may be required should the subsequent version of this BASIX Certificate necessitate design changes to the development. However, a Section 96 Application will be required for a BASIX Certificate with a new number.

28. Compliance with Critical Stage Inspections and Other Inspections Nominated by the Principal Certifying Authority Section 109E(3)(d) of the Act requires certain specific inspections (prescribed by Clause 162A of the Regulations) and known as “Critical Stage Inspections” to be carried out for building work. Prior to permitting commencement of the work, your Principal Certifying Authority is required to give notice of these inspections pursuant to Clause 103A of the Regulations.

N.B. An Occupation Certificate cannot be issued and the building may not be able to be used or occupied where any mandatory critical stage inspections or other inspections required by the Principal Certifying Authority are not carried out.

Where Council is nominated as Principal Certifying Authority, notification of all inspections required is provided with the Construction Certificate approval.



NOTE: You are advised that inspections may only be carried out by the PCA unless by prior agreement of the PCA and subject to that person being an accredited certifier.

29. Roof Water Drainage Gutter and downpipe and/or rainwater tank overflow, to be provided and connected to an approved lawful discharge point (ie. kerb, inter-allotment drainage easement or OSD) upon installation of roof coverings.

30. Filtration Motor Noise The sound pressure level of the swimming pool filter and pump equipment shall not exceed (at the boundary) a level greater than 5dB (A) above the background noise level in accordance with Protection of the Environmental Operations Act 1997. If the noise of the filter causes a nuisance to the occupiers of adjacent dwellings, the swimming pool filter and pump shall be fully enclosed in an enclosure to attenuate noise emitted by the swimming pool equipment.

31. Pool Discharge Water Discharge and/or overflow pipe from the swimming pool and filtration unit to be connected to the sewer where available.

All backwash water from the filtration unit is to be similarly disposed, or alternatively, must be piped to an absorption trench.

The pool excavations not to conflict with the position of household drainage trenches or lines, the position of which must be ascertained before pool excavation commences.

32. Pool not to be Filled Until Occupation The pool is not to be filled with water until the dwelling is occupied.

33. Temporary Fencing of Pools This condition applies to unoccupied land.

On excavation and prior to installation of the pool shell or placement of the steel re-enforcement, a fence is to be provided around the pool excavation, so as to isolate and prevent access to it.

The fence provided is to be 1.8m high and to no less a standard than correctly joined and secured, temporary fence panels or chainmesh. The fence is to remain in place until the site (dwelling) has been approved for occupation.

34. Swimming Pool Safety Fencing All pools and safety barriers are to comply with the Swimming Pools Act 1992, the Swimming Pools Regulation 2008 and Australian Standard 1926.1-2012. A fact sheet titled Swimming Pool Fencing Requirements is available from www.thehills.nsw.gov.au.

It should be noted that any steps, retaining walls, objects (for example – planter boxes, pump enclosures and the like) or level changes that would otherwise reduce the height of the barrier within a property shall not be located within 500mm of the barrier.

35. Resuscitation Warning Notice In accordance with the Swimming Pools Regulation 2008, a Warning Notice is to be displayed in a prominent position, in the immediate vicinity of the swimming pool. The notice is to contain a diagrammatic flow chart of resuscitation techniques, the words:

(i) "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL",

and

(ii) "POOL GATES MUST BE KEPT CLOSED AT ALL TIMES", and

(iii) "KEEP ARTICLES, OBJECTS AND STRUCTURES AT LEAST 900 MILLIMETRES CLEAR OF THE POOL FENCE AT ALL TIMES",



and all other details required by the Regulation.

36. Bushfire Construction Requirements Asset Protection Zones The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply: 1. At the commencement of building works and in perpetuity the entire property shall

be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

Water and Utilities The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply: 2. Water and gas are to comply with the following requirements of section 4.1.3 of

'Planning for Bush Fire Protection 2006'. ● In recognition that an unreliable water supply exists due to the nearest hydrant being located greater than 70 metres from the dwelling, a 20,000 litre water supply shall be provided for fire fighting purposes. ● A 65mm metal Storz outlet with a gate or ball valve shall be provided. ● If an above ground tank is to be installed it shall be manufactured of concrete or metal and raised tanks are to have their stands protected. Plastic tanks shall not be used. ● If an underground tank is to be installed it shall have an access hole of 200mm to allow tankers to refill direct from the tank. ● The gate or ball valve, pipes and tank penetration are adequate for full 50mm inner diameter water flow through the Storz fitting and are metal. ● All associated fittings to the tank shall be non-combustible. ● A minimum 5hp or 3kW petrol or diesel powered pump shall be made available to the water supply. A 19mm (internal diameter) fire hose and reel shall be connected to the pump. ● An 'SWS' marker shall be obtained from the local NSW Rural Fire Service and positioned for ease of identification by brigade personnel and other users of the SWS. In this regard: a) Markers must be fixed in a suitable location so as to be highly visible; and b) Markers should be positioned adjacent to the most appropriate access for the static water supply. ● Reticulated or bottled gas is to be installed and maintained in accordance with Australian Standard AS/NZS 1596:2014: 'The storage and handling of LP gas' and the requirements of relevant authorities. Metal piping is to be used.

Design and Construction The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply: 3. New construction on the new dwelling for the entire roof and southern elevation

extending south of the laundry, including the covered alfresco area, kitchen, living, pool lounge, BBQ and family room to the south of bed 2 shall comply with section 9 (BAL FZ) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas'. However, any material, element of construction or system when



tested to the method described in Australian Standard AS1530.8.2 Methods for fire tests on building materials, components and structures Part 8.2: Tests on elements of construction for buildings exposed to simulated bushfire attack—Large flaming sources shall comply with Clause 13.8 of that Standard except that flaming of the specimen is not permitted and there shall be no exposed timber.

4. New window assemblies on the southern elevation extending south of the laundry,

including the covered alfresco area, kitchen, living, pool lounge, BBQ and family room to the south of bed 2 when tested to the method described in Australian Standard AS1530.8.2 ‘Methods for fire test on building materials, components and structures Part 8.2: Tests on elements of construction for buildings exposed to simulated bushfire attack – Large flaming sources’ shall comply with Clause 13.8 of that Standard except that flaming of the specimen is not permitted and there shall be no exposed timber. Alternatively, new window assemblies shall comply with the following: i. They shall be completely protected by a non-combustible and non-perforated bushfire shutter that complies with Section 3.7 of AS3959 excluding parts (e) and (f); and ii. They shall comply with the following: a) Window frames and hardware shall be metal; b) Glazing shall be toughened glass, minimum 6mm; c) Seals to stiles, head and sills or thresholds shall be manufactured from materials having a flammability index of no greater than 5; d) The openable portion of the shall be screened internally or externally with a mesh with a maximum aperture of 2mm, made from corrosion resistant steel or bronze. The frame supporting the mesh shall be metal.

5. New external doors (not including garage vehicular access doors) on southern

elevation extending south of the laundry, including the covered alfresco area, kitchen, living, pool lounge, BBQ and family room to the south of bed 2 when tested to the method described in Australian Standard AS1530.8.2 ‘Methods for fire test on building materials, components and structures Part 8.2: Tests on elements of construction for buildings exposed to simulated bushfire attack – Large flaming sources’ shall comply with Clause 13.8 of that Standard except that flaming of the specimen is not permitted and there shall be no exposed timber. Alternatively, new external doors (not including garage vehicular access doors) shall comply with the following: i. They shall be completely protected by a non-combustible and non-perforated bushfire shutter that complies with Section 3.7 of AS3959 excluding parts (e) and (f); and ii. They shall comply with the following: a) Doors shall be non-combustible; b) Externally fitted hardware that supports the panel in its function of opening and closing shall be metal; c) Where doors incorporate glazing, the glazing shall be toughened glass minimum 6mm; d) Seals to stiles, head and sills or thresholds shall be manufactured from materials having a flammability index of no greater than 5; e) Door frames shall be metal; f) Doors shall be tight fitting to the doorframe or an abutting door; g) Weather strips, draught excluders or draught seals shall be installed if applicable.



6. New construction on the Out Building and Horse Stable shall comply with section 9 (BAL FZ) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas'. However, any material, element of construction or system when tested to the method described in Australian Standard AS1530.8.2 Methods for fire tests on building materials, components and structures Part 8.2: Tests on elements of construction for buildings exposed to simulated bushfire attack—Large flaming sources shall comply with Clause 13.8 of that Standard except that flaming of the specimen is not permitted and there shall be no exposed timber.

7. New window assemblies on the Out Building and Horse Stable when tested to the

method described in Australian Standard AS1530.8.2 ‘Methods for fire test on building materials, components and structures Part 8.2: Tests on elements of construction for buildings exposed to simulated bushfire attack – Large flaming sources’ shall comply with Clause 13.8 of that Standard except that flaming of the specimen is not permitted and there shall be no exposed timber. Alternatively, new window assemblies shall comply with the following:

i. They shall be completely protected by a non-combustible and non-perforated bushfire shutter that complies with Section 3.7 of AS3959 excluding parts (e) and (f); and ii. They shall comply with the following: a) Window frames and hardware shall be metal; b) Glazing shall be toughened glass, minimum 6mm; c) Seals to stiles, head and sills or thresholds shall be manufactured from materials having a flammability index of no greater than 5; d) The openable portion of the shall be screened internally or externally with a mesh with a maximum aperture of 2mm, made from corrosion resistant steel or bronze. The frame supporting the mesh shall be metal.

8. New external doors (not including garage vehicular access doors) on the Out

Building and Horse Stable when tested to the method described in Australian Standard AS1530.8.2 ‘Methods for fire test on building materials, components and structures Part 8.2: Tests on elements of construction for buildings exposed to simulated bushfire attack – Large flaming sources’ shall comply with Clause 13.8 of that Standard except that flaming of the specimen is not permitted and there shall be no exposed timber.

Alternatively, new external doors (not including garage vehicular access doors) shall comply with the following: i. They shall be completely protected by a non-combustible and non-perforated bushfire shutter that complies with Section 3.7 of AS3959 excluding parts (e) and (f); and ii. They shall comply with the following: a) Doors shall be non-combustible; b) Externally fitted hardware that supports the panel in its function of opening and closing shall be metal; c) Where doors incorporate glazing, the glazing shall be toughened glass minimum 6mm; d) Seals to stiles, head and sills or thresholds shall be manufactured from materials having a flammability index of no greater than 5; e) Door frames shall be metal; f) Doors shall be tight fitting to the doorframe or an abutting door; g) Weather strips, draught excluders or draught seals shall be installed if applicable.



9. New construction on the northern, eastern and western elevations as well as the

1st Floor and Attic on the proposed dwelling shall comply with Sections 3 and 8 (BAL 40) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

Landscaping 10. Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning

for Bush Fire Protection 2006'.

General Advice – consent authority to note The NSW Rural Fire Service (RFS) recognises that the site is constrained and that the proposed development falls within the Flame Zone. Flame Zone development is high risk development; consequently, in situations such as this, the RFS seeks to improve the overall fire safety of the existing development. This requires greater emphasis on construction standards, landscaping, siting, and vegetation management practices to ensure improved levels of protection are afforded to the development, its occupants and fire fighters. The RFS has undertaken a merit based assessment of the proposal and provides the above advice in accordance with 'Planning for Bush Fire Protection 2006'. Since the property has been assessed as BAL FZ, any future use of the out building as a secondary dwelling or granny flat, would not be supported by the NSW RFS as the building cannot comply with the NSW RFS Fast Fact 'Increased Density on a Single Parcel of Land'. If the out building is likely to become a secondary dwelling or granny flat it would need to achieve a radiant heat level of 29kW/m2 or lower.

37. Approval to Install an On-site Sewage Management System An application under Section 68 of the Local Government Act 1993 is to be made to install or alter a system of sewage management. The application shall comply with:

a) Local Government (General) Regulation 2005;

b) Part B, Section 1 – Rural of The Hills Development Control Plan (DCP) 2012; Appendix C – On-site Sewage Management Systems;

c) AS/NZS 1547:2000 – On-site Domestic Wastewater Management; and

d) The Environment and Health Protection Guidelines – On-site Sewage Management for Single Households.

PRIOR TO ISSUE OF AN OCCUPATION AND/OR SUBDIVISION CERTIFICATE 38. Registration of Swimming Pool/Spa Prior to issue of an Occupation Certificate the swimming pool/spa is to be registered on the NSW state register of swimming pools and spas. To register the swimming pool/spa you are to log onto www.swimmingpoolregister.nsw.gov.au and follow the prompts. A copy of the registration certificate is to be submitted to the PCA to confirm the registration.

39. Safety Glazing for Pool Fencing If glazing is chosen to be incorporated into the pool safety fencing system, a safety glazing certificate is to be provided to Council, or the Principal Certifying Authority, indicating all materials and installation are in accordance with AS 1288.

40. Installation/Amendment of System of Sewage Management The on-site sewage management system shall be installed or amended in accordance with an approval issued pursuant to an application made under section 68 of the Local Government Act 1993.



41. Absorption Trench An Occupation Certificate must not be issued prior to the completion of the absorption trench required by this consent.

THE USE OF THE SITE 42. Lights to be Turned Off The proposed tennis court lights are to be turned off by 10:00 pm.

Being a planning matter, the Mayor called for a division to record the votes on this matter VOTING FOR THE MOTION Clr Dr M R Byrne Clr Hay OAM Clr Tracey Clr Thomas Clr Preston Clr Taylor MP Clr Keane Clr Dr Gangemi Clr Harty OAM Clr A N Haselden VOTING AGAINST THE MOTION None ABSENT Clr Dr Lowe Councillor Keane having previously declared a non-pecuniary and less than significant conflict of interest remained in the room.

ITEM-5 PLANNING PROPOSAL REPORT 1-13 BARRAWARN PLACE CASTLE HILL 7/2016/PLP

Proceedings in Brief Warwick Gosling of DFP Planning representing the applicant addressed Council regarding this matter. A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR HASELDEN THAT the Recommendation contained in the report be adopted. THE MOTION WAS PUT AND CARRIED.

401 RESOLUTION

The planning proposal to amend the zoning, building height and floor space ratio applicable to land at 1-13 Barrawarn Place, Castle Hill not proceed on the following grounds:



1. The proposal is inconsistent with the objectives of State Government Corridor

Strategy, specifically growth projections and proposed future character; 2. The proposal is inconsistent with The Hills Corridor Strategy and Castle Hill North

Precinct Plan in that it undermines transit-oriented development principles, exceeds the projected density and desired outcome and would not contribute to housing diversity in the Castle Hill Precinct;

3. The proposal is inconsistent with Council’s Local Strategy as it undermines the

hierarchical approach to zoning, does not contribute to housing diversity and does not protect or enhance the residential character of the locality;

4. The proposal is likely to result in unacceptable impacts on neighbouring properties

and Castle Hill Public School by way of a dominating built form, loss of privacy/overlooking and overshadowing;

5. The site constraints inhibit the ability of residential flat building development on

the site to meet key design requirements specified within Council’s DCP; 6. The impacts on the local road network have not been adequately addressed and

would be undesirable given the current and planned future character of Barrawarn Place and the locality; and

7. The proposal fails to adequately address the demand for additional local

infrastructure created or provide any significant community benefit as compared with the outcome envisaged for the site under State and Local strategic planning policies.

Being a planning matter, the Mayor called for a division to record the votes on this matter VOTING FOR THE MOTION Clr Dr M R Byrne Clr Thomas Clr Preston Clr Taylor MP Clr Keane Clr Dr Gangemi Clr A N Haselden VOTING AGAINST THE MOTION Clr Hay OAM Clr Tracey Clr Harty OAM ABSENT Clr Dr Lowe



Councillor Keane having previously declared a non-pecuniary and less than significant conflict of interest remained in the room.

ITEM-6 PLANNING PROPOSAL 15-27 GARTHOWEN CRESCENT, CASTLE HILL (10/2016/PLP)

Proceedings in Brief Warwick Gosling of DFP Planning representing the applicant addressed Council regarding this matter. A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR HAY OAM THAT The planning proposal to rezone the land to R4 High Density Residential and increase the maximum building height to 36 metres and floor space ratio of 2.7:1 be forwarded to the Department of Planning and Environment for a Gateway Determination. THE MOTION WAS PUT AND LOST Being a planning matter, the Mayor called for a division to record the votes on this matter VOTING FOR THE MOTION Clr Hay OAM Clr Tracey Clr Harty OAM VOTING AGAINST THE MOTION Clr Dr M R Byrne Clr Thomas Clr Preston Clr Taylor MP Clr Keane Clr Dr Gangemi Clr A N Haselden ABSENT Clr Dr Lowe A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR HASELDEN THAT the Recommendation contained in the report be adopted. THE MOTION WAS PUT AND CARRIED.

402 RESOLUTION

The planning proposal to amend the zoning, building height and floor space ratio applicable to land at 15-27 Garthowen Crescent, Castle Hill not proceed on the following grounds: 1. The proposal is inconsistent with the objectives of State Government Corridor

Strategy, specifically growth projections and proposed future character; 2. The proposal is inconsistent with The Hills Corridor Strategy and Castle Hill North

Precinct Plan in that it undermines transit-oriented development principles, exceeds the projected density and desired outcome and would not contribute to housing diversity in the Castle Hill Precinct;



3. The proposal is inconsistent with Council’s Local Strategy as it undermines the

hierarchical approach to zoning, does not contribute to housing diversity and does not protect or enhance the residential character of the locality;

4. The proposal would undermine Council’s decision to support the Castle Hill North Planning Proposal;

5. The proposal is likely to result in unacceptable impacts on neighbouring properties

and Garthowen House by way of a dominating built form, loss of privacy/overlooking and overshadowing;

6. The impacts on the local road network have not been adequately addressed and

would be undesirable given the narrow and steep road layout; and 7. The proposal fails to adequately address the demand for additional local

infrastructure created or provide any significant community benefit as compared with the outcome envisaged for the site under State and Local strategic planning policies.

Being a planning matter, the Mayor called for a division to record the votes on this matter VOTING FOR THE MOTION Clr Dr M R Byrne Clr Thomas Clr Preston Clr Taylor MP Clr Keane Clr Dr Gangemi Clr A N Haselden VOTING AGAINST THE MOTION Clr Hay OAM Clr Tracey Clr Harty OAM ABSENT Clr Dr Lowe

ITEM-7 POST EXHIBITION - CIRCA PRECINCT SENIORS HOUSING (15/2015/PLP)

Proceedings in Brief Phil Adams of Bella Vista (Objector) addressed Council regarding this matter. Tim Spencer of Mulpha Norwest (Applicant) addressed Council regarding this matter. A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR HASELDEN THAT the Recommendation contained in the report be adopted. THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.



403 RESOLUTION

That the planning proposal to include seniors housing as an additional permitted use at 26-30 Norbrik Drive, Bella Vista be forwarded to the Department of Planning and Environment for finalisation. Being a planning matter, the Mayor called for a division to record the votes on this matter VOTING FOR THE MOTION Clr Dr M R Byrne Clr Hay OAM Clr Tracey Clr Thomas Clr Preston Clr Taylor MP Clr Keane Clr Dr Gangemi Clr Harty OAM Clr A N Haselden VOTING AGAINST THE MOTION None ABSENT Clr Dr Lowe

ITEM-4 DA NO. 1021/2016/HA - ALTERATIONS AND ADDITIONS TO AN EXISTING SENIORS HOUSING DEVELOPMENT (WIRREANDA VILLAGE) - LOT 1 DP 530744, LOT 12 DP 814612, LOT 982 DP 822238 - 33 HIGHS ROAD, WEST PENNANT HILLS

A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR PRESTON THAT the Recommendation contained in the report be adopted. THE MOTION WAS PUT AND CARRIED.

404 RESOLUTION

The Development Application be approved subject to the following conditions of consent. 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 amendment in red is a notation on the approved Site Plan that the width of the new gutter crossing must comply with Council’s Driveway Specifications.



REFERENCED PLANS

DRAWING NO. DESCRIPTION REVISION DATE

DA0100 Site Context Plans - 09/12/2015

DA0101 Site Plan A 05/05/2016

DA1100 Proposed New Car Access – Block M A 05/05/2016

DA1101 Proposed Lift 01 Plans – Block L - 09/12/2015

DA1102 Proposed Lift 02 Plans – Block K - 09/12/2015

DA1103 Proposed Lift 03 Plans – Block J - 09/12/2015

DA1104 Proposed Lift 04 Plans – Block D - 16/12/2015

DA1105 Proposed Entry and Community Centre Plan - 16/12/2015

DA1106 Proposed Extension – Units 51 & 58 – Block J - 16/12/2015

DA1107 Proposed Extension – Lounges 2 & 5 and Unit 26 - 16/12/2015

DA2000 Elevations – Lift 1 - 14/01/2016




DA2010 Community Terrace and Entry Signage - 09/12/2015

DA2011 New Car Parking and Signage - 17/12/2015

DA6000 Perspective - 09/12/2015

DA6001 Lift Perspectives - 09/12/2015

No work (including excavation, land fill or earth reshaping) shall be undertaken prior to the issue of the Construction Certificate, where a Construction Certificate is required.

2. External Finishes External finishes and colours shall be in accordance with the details submitted with the development application and approved with this consent.

3. Tree Removal Approval is granted for the removal of Trees numbered 1-15, 21, 25 and 25A as detailed in the Tree Report prepared by About Trees Urban Tree and Bushland Management, dated 29/04/2016 (Ref #: 1825).

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.

4. Replacement Planting Requirements To maintain the treed environment of the Shire, 15 advanced (min 25 litres) replacement trees from the following list are to be planted elsewhere within the property. Where possible, replacement trees should be planted along the Highs Road frontage to assist in screening the new car park adjacent block M.



Small mature size:

5. Protection of Public Infrastructure Council must be notified of any damage to public infrastructure caused by the development. Adequate protection must be provided prior to work commencing and maintained during building operations. Any damage caused must be made good, to the satisfaction of Council, before an Occupation Certificate can be issued. Public infrastructure includes the road pavement, kerb and gutter, concrete footpaths, drainage structures, utilities and landscaping fronting the site.

6. 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

Allocasuarina littoralis Black She-oak Allocasuarina torulosa Forest Oak Backhousia mrytifolia Grey Myrtle Banksia serrata Old Man Banksia Ceratopetalum gummiferum NSW Christmas Bush Elaeocarpus reticulatus Blueberry Ash Glochidion ferdinandii Cheese Tree Melaleuca decora White Feather Honeymyrtle Rapanea variabilis Muttonwood Tristaniopsis laurina Water Gum Angophora bakerii Narrow-leaved Apple Ceratopetalum apetalum Coachwood Corymbia eximia Yellow Bloodwood Syncarpia glomulifera Turpentine Angophora costata Smooth barked Apple Angophora floribunda Rough-barked Apple Corymbia gummifera Red Bloodwood Eucalyptus acmenoides White Mahogany Eucalyptus creba Narrow Leaved Ironbark Eucalyptus fibrosa Broad leaved Ironbark Eucalyptus moluccana Grey Box Eucalyptus paniculata Grey Ironbark Eucalyptus pilularis Blackbutt Eucalyptus piperita Sydney Peppermint Eucalyptus punctata Grey Gum Eucalyptus resinifera Red Mahogany Eucalyptus saligna Sydney Blue Gum Eucalyptus sclerophylla Scribbly Gum Eucalyptus tereticornis Forest Red Gum



• 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. In rural areas, all driveways and car parking areas must provide for a formed all weather finish.

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

7. 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 driveways must be built to Council’s medium duty standard.

The driveway must be a minimum of 6m wide for the first 6m into the site, measured from the boundary.

On high level sites a grated drain must be provided on the driveway at the property boundary.

A separate driveway application fee is payable as per Council’s Schedule of Fees and Charges.

b) Site Stormwater Drainage

The entire site area must be graded, collected and drained by pits and pipes to a suitable point of legal discharge.

8. 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.

9. 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.



10. Retention of Trees All trees not specifically identified on the approved plans for removal are to be retained with recommendations and remedial work to be carried out in accordance with the Tree report prepared by About Trees Urban Tree and Bushland Management dated 29/04/2016 (Ref#1825) and Tree Report prepared by About Trees Urban Tree and Bushland Management dated 18/06/2016 (Ref# 1840).

11. Adherence to Waste Management Plan All requirements of the Waste Management Plan submitted to and approved by Council must be implemented during the construction and/or demolition phases of the development, as well as the ongoing management phase. The information submitted can change provided that the same or a greater level of reuse and recycling is achieved as detailed in the plan. Any material moved offsite is to be transported in accordance with the requirements of the Protection of the Environment Operations Act 1997 and only to a place that can lawfully be used as a waste facility. Receipts of all waste/recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them.


12. Management of Construction and/ or Demolition Waste Any waste generated as a result of construction and/ or demolition for the development is to be reused and recycled where possible, and any residual waste is to be disposed of at a licenced waste facility. Waste materials must be appropriately stored and secured within a designated waste area onsite at all times, prior to its reuse onsite or being sent offsite. Building waste containers are not permitted to be placed on public property at any time unless a separate application is approved by Council to locate a building waste container in a public place. Receipts of all waste/ recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them.

13. Clause 94 Considerations Under clause 94 of the Environmental Planning & Assessment Regulation 2000, the following fire safety/ BCA works are to be undertaken with the construction certificate works and are to be completed prior to the issue of the occupation certificate: a) A review of door furniture/latches to doors in a path of travel and exit doors is to

be undertaken in the community centre building to ensure safe evacuation appropriate to DP4 & EP2.2 of the BCA.

14. 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 signage approved in this consent.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 15. Onsite Stormwater Detention – Upper Parramatta River Catchment Area Onsite Stormwater Detention (OSD) is required in accordance with Council’s adopted policy for the Upper Parramatta River catchment area, the Upper Parramatta River Catchment Trust OSD Handbook.

The stormwater concept plan prepared by Calibre Consulting Drawing 15-004027 Revision ‘F’ dated 3/06/2016 is for development application purposes only and is not to



be used for construction. The detailed design must reflect the approved concept plan and the following necessary changes:

a) To achieve High Early Discharge (HED) and weir effect pit (P4) and the majority of the car park drainage must be connected to Discharge Control Pit (DCP) (Pit 6) and pit (P5) must be deleted.

b) Provide calculation and demonstrate that overflow structures (i.e. weir, pipe etc.) from DCP to storage tank can convey the maximum 1 in 100 year storm event flow.

c) Provide minimum 1% fall in the base of the OSD storage tank towards the outlet to minimise ponding in the storage.

d) Provide grated access at extremities of the OSD tank with a maximum distance of 3m from any point in the tank to the edge of the nearest grate. This should allow for easy maintenance and to provide ventilation.

The design and construction of the OSD system must be approved by either Council or an accredited certifier. A Design Compliance Certificate (DCC) certifying the detailed design of the OSD system can be issued by Council. The following must be included with the documentation approved as part of any Construction Certificate:

- Design/ construction plans prepared by an accredited OSD designer.

- A completed OSD Drainage Design Summary Sheet.

- Drainage calculations and details, including those for all weirs, overland flow paths and diversion (catch) drains, catchment areas, times of concentration and estimated peak run-off volumes.

- A completed OSD Detailed Design Checklist.

- A maintenance schedule.

16. Security Bond – Road Pavement and Public Asset Protection In accordance with Section 80A(6)(a) of the Environmental Planning and Assessment Act 1979, a security bond of $34,000.00 is required to be submitted to Council to guarantee the protection of the road pavement and other public assets in the vicinity of the site during construction works.

The bond must be lodged with Council before a Construction Certificate is issued.

The bond is refundable upon written application to Council and is subject to all work being restored to Council’s satisfaction. Should the cost of restoring any damage exceed the value of the bond, Council will undertake the works and issue an invoice for the recovery of these costs.

17. 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.

18. Section 94A Contribution Pursuant to section 80A (1) of the Environmental Planning and Assessment Act 1979, and The Hills Section 94A Contributions Plan, a contribution of $30,360.00 shall be paid to Council. This amount is to be adjusted at the time of the actual payment in accordance with the provisions of the Hills Section 94A Contributions Plan.

The contribution is to be paid prior to the issue of the Construction Certificate or Complying Development Certificate.

You are advised that the maximum percentage of the levy for development under section 94A of the Act having a proposed construction cost is within the range specified in the table below;

Proposed cost of the development Maximum percentage of the levy

Up to $100,000 Nil

$100,001 - $200,000 0.5 %

More than $200,000 1%

PRIOR TO WORK COMMENCING ON THE SITE 19. 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.

20. Sydney Water Building Plan Approval A building plan approval must be obtained from Sydney Water Tap in™ to ensure that the approved development will not impact Sydney Water infrastructure. A copy of the building plan approval receipt from Sydney Water Tap in™ must be submitted to the Principal Certifying Authority upon request prior to works commencing. Please refer to the website http://www.sydneywater.com.au/tapin/index.htm, Sydney Water Tap in™, or telephone 13 20 92. 21. 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.



22. Separate OSD Detailed Design Approval No work is to commence until a detailed design for the OSD system has been approved by either Council or an accredited certifier.

23. 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.

24. Management of Building Sites – Builder’s Details The erection of suitable fencing or other measures to restrict public access to the site and building works, materials or equipment when the building work is not in progress or the site is otherwise unoccupied.

The erection of a sign, in a prominent position, stating that unauthorised entry to the site is not permitted and giving an after hours contact name and telephone number. In the case of a privately certified development, the name and contact number of the Principal Certifying Authority.

25. Consultation with Service Authorities Applicants are advised to consult with Telstra, NBN Co and Australia Post regarding the installation of telephone conduits, broadband connections and letterboxes as required.

Unimpeded access must be available to the electricity supply authority, during and after building, to the electricity meters and metering equipment.

The building plans must be submitted to the appropriate Sydney Water office to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements. If the development complies with Sydney Water’s requirements, the building plans will be stamped indicating that no further requirements are necessary.

26. Principal Certifying Authority A sign is to be erected in accordance with Clause 98 A (2) of the Environmental Planning and Assessment Regulations 2000.

27. Structural Certificate/Existing Building Structural Engineer's Certificate regarding the adequacy of the existing building to support additions to be submitted prior to work commencing.

28. Erosion and Sedimentation Controls Erosion and sedimentation controls shall be in place prior to the commencement of site works; and maintained throughout construction activities until the site is landscaped and/or suitably revegetated. The controls shall be in accordance with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

29. Stabilised Access Point A stabilised all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised. The controls shall be in accordance with the requirements with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).



30. Builder and PCA Details Required Notification in writing of the builder’s name, address, telephone and fax numbers to be submitted to the Principal Certifying Authority prior to work commencing.

Two days before work commences, Council shall be notified of the Principal Certifying Authority in accordance with the Regulations.

31. Engagement of a Project Arborist Prior to works commencing, a Project Arborist (minimum AQF Level 5) is to be appointed and the following details provided to The Hills Shire Council’s Manager – Environment & Health:

a. Name:

b. Qualification/s:

c. Telephone number/s:

d. Email:

If the Project Arborist is replaced, Council is to be notified in writing of the reason for the change and the details of the new Project Arborist provided within 7 days.

DURING CONSTRUCTION 32. 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.

33. Roof Water Drainage Gutter and downpipes to be provided and connected to an approved drainage system upon installation of the roof covering.

34. Compliance with Critical Stage Inspections and Other Inspections Nominated by the Principal Certifying Authority Section 109E(3)(d) of the Act requires certain specific inspections (prescribed by Clause 162A of the Regulations) and known as “Critical Stage Inspections” to be carried out for building work. Prior to permitting commencement of the work, your Principal Certifying Authority is required to give notice of these inspections pursuant to Clause 103A of the Regulations.

N.B. An Occupation Certificate cannot be issued and the building may not be able to be used or occupied where any mandatory critical stage inspections or other inspections required by the Principal Certifying Authority are not carried out.

Where Council is nominated as Principal Certifying Authority, notification of all inspections required is provided with the Construction Certificate approval.

NOTE: You are advised that inspections may only be carried out by the PCA unless by prior agreement of the PCA and subject to that person being an accredited certifier.

35. Project Arborist The Project Arborist (minimum AQF Level 5 Arborist) must be on site to supervise any works in the vicinity of or within the Tree Protection Zone (TPZ) of any trees required to be retained on the site. All recommendations for protection of trees to be retained, as outlined in the Tree Reports prepared by About Trees Urban Tree and Bushland



Management dated 29/04/16 (Ref#1825) and 18/06/2016 (Ref#1840), are to be implemented.

Root pruning should be avoided, however where root pruning is required, all cuts shall be clean cuts made with sharp tools such as secateurs, pruners, handsaws, chainsaws or specialised root pruning equipment. Where possible, the roots to be pruned should be located and exposed using minimally destructive techniques such as hand-digging, compressed air or water-jetting, or non-destructive techniques. All root pruning must be done in accordance with Section 9 of AS 4373-2007 Pruning of Amenity Trees. Supervision of the works shall be certified by the Project Arborist and a copy of such certification shall be submitted to the Private Certifying Authority within 14 days of completion of the works.

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE 36. 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.

37. 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.

38. OSD System Certification The Onsite Stormwater Detention (OSD) system must be completed to the satisfaction of the Principal Certifying Authority (PCA) prior to the issuing of an Occupation Certificate. The following documentation is required to be submitted upon completion of the OSD system and prior to a final inspection:

• Works as executed plans prepared on a copy of the approved plans;

• A certificate of hydraulic compliance (Form B.11) from a suitably qualified engineer or surveyor verifying that the constructed OSD system will function hydraulically;

• A certificate of structural adequacy from a suitably qualified structural engineer verifying that the structures associated with the constructed OSD system are structurally adequate and capable of withstanding all loads likely to be imposed on them during their lifetime.

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

39. Creation of Restrictions / Positive Covenants Before an Occupation Certificate is issued the following restrictions/ positive covenants must be registered on the title of the subject site via a request document, Section 88B instrument associated with a plan or the like. Council’s standard recitals must be used.

a) Restriction/ Positive Covenant – Onsite Stormwater Detention

The subject site must be burdened with a restriction and a positive covenant using the “onsite stormwater detention systems” terms included in the standard recitals.

Being a planning matter, the Mayor called for a division to record the votes on this matter



VOTING FOR THE MOTION Clr Dr M R Byrne Clr Hay OAM Clr Tracey Clr Preston Clr Taylor MP Clr Keane Clr Dr Gangemi Clr Harty OAM Clr A N Haselden VOTING AGAINST THE MOTION Clr Thomas ABSENT Clr Dr Lowe

ITEM-8 HAWKESBURY RIVER COUNTY COUNCIL DELEGATE A MOTION WAS MOVED BY COUNCILLOR TAYLOR MP AND SECONDED BY COUNCILLOR PRESTON THAT Council appoint Councillor Haselden as one of the delegates to the Hawkesbury River County Council. THE MOTION WAS PUT AND CARRIED.

405 RESOLUTION

Council appoint Councillor Haselden as one of the delegates to the Hawkesbury River County Council. QUESTIONS WITHOUT NOTICE

406 PROPOSAL FOR A CEMETERY

Councillor Hay OAM advised that he had contact from a resident this morning in regards to a proposal for a cemetery and asked if any such proposal exists, Councillors be briefed on this matter at a Councillor Workshop. Councillor Hay OAM asked for written advice of what the matter is about as he had no notification or resources as a Councillor to properly address the concerns expressed to him by the resident. Councillor Hay OAM also gave notice that if this matter is being assessed by the Development Assessment Unit should such a recommendation come forward, that he would propose that the matter be brought to a full meeting of Council for open discussion. The General Manager advised he would take the question on notice.

407 RMS LICENCE FOR ACCESS TO WORK TO COMMENCE ON BOUNDARY AND PUBLIC UTILITY ADJUSTMENTS

Councillor Preston advised that the RMS has received licences for access for work to commence on boundary and public utility adjustments in relation to the lights at the intersection of Glenhaven Road and Old Northern Road, Glenhaven. There are two water mains and power lines that have to be put underground. Councillor Preston asked for a construction timeline for the completion of this project.



The General Manager advised he would take the question on notice.

408 CLOCK - BOX HILL PROGRESS ASSOCIATION

Councillor Preston advised that the clock at the hall on Nelson Road where the Box Hill Progress Association meets is not operational and asked if a member of staff could investigate to remedy the situation. The General Manager advised he would take the question on notice.

409 GAS MAIN CUT AT KELLYVILLE

Councillor Taylor asked if the General Manager could give an explanation about the gas main cut in Kellyville today.

The General Manager advised that unfortunately, it was Council’s Contractor’s fault and is therefore Council’s responsibility. Council is careful and always checks with the organisation, “Dial before you dig” but invariably in 70 percent of cases, the utilities are not where they are supposed to be.

410 CONTRACT FOR THE BEAUTIFICATION OF BAULKHAM HILLS TOWN CENTRE

Councillor Haselden asked for an update on the contract for beautification of Baulkham Hills Town Centre that was raised at the last Council meeting. The General Manager advised that Council was under cost, and were actually able to use some of the contingency money to do the extra work that Council approved. The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 23 August 2016.

MAYOR GENERAL MANAGER

minutes of the duly convened ordinary meeting of the hills ...€¦ · swimming pool and spa,...

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