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DEVELOPMENT ASSESSMENT UNIT

Tuesday, 13 October 2020

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DEVELOPMENT ASSESSMENT UNIT MEETING 13 OCTOBER, 2020

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES

ITEM-2 DA 1616/2020/HA - INSTALLATION OF A

TELECOMMUNICATIONS FACILITY (MOBILE PHONE

BASE STATION) - LOT 1 DP 402457, NO. 43 CATTAI

RIDGE ROAD GLENORIE

6

ITEM-3 DAU REPORT - DA 1135/2020/HA - DETACHED

SECONDARY DWELLING PURSUANT TO SEPP

AFFORDABLE RENTAL HOUSING 2009 - LOT 32 DP

227396, 5 GREGORY AVENUE, BAULKHAM HILLS

32

ITEM-4 1270/2020/HC – DELETION OF RESIDENTIAL UNITS IN

BLOCK F2 AND REPLACEMENT WITH A CHILD CARE

CENTRE, INDOOR RECREATION FACILITY, SHOPS

AND ASSOCIATED WORKS – LOT 2 DP 1187577, NO.

12-14 BARRY ROAD, NORTH KELLYVILLE

49


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MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 29 SEPTEMBER 2020 PRESENT

Cameron McKenzie Group Manager – Development & Compliance (Chair) Paul Osborne Manager – Development Assessment Ben Hawkins Manager – Subdivision & Development Certification Angelo Berios Manager – Environment & Health Craig Woods Manager – Regulatory Services Nicholas Carlton Manager – Forward Planning Kristine McKenzie Principal Executive Planner

APOLOGIES

Nil TIME OF COMMENCEMENT

8.30am TIME OF COMPLETION

8.43am ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 15 September 2020 be confirmed. ITEM-2 DA 1102/2018/HA - DEMOLITION OF EXISTING

STRUCTURES, SUBDIVISION INTO THREE LOTS, CONSTRUCTION OF 40 TOWNHOUSES IN THREE STAGES AND PARTIAL WIDTH LOCAL ROAD CONSTRUCTION, LOT 84A DP 11104, NO. 21 HYNDS ROAD, BOX HILL

PUBLIC NOTIFICATION OF THE DETERMINATION PURSUANT TO ITEM 20(2)(c) AND (d) OF SCHEDULE 1 OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979 DECISION The Development Application be refused on the following grounds

Section 4.55 (EP&A Act) – Unsatisfactory.

State Environmental Planning Policy – Building Sustainability Index (BASIX) 2009 - Unsatisfactory


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Box Hill Development Control Plan 2018 - Unsatisfactory

Section 7.11 Contribution: Unable to be calculated. REASONS FOR THE DECISION 1) The proposal does not include evidence of the consent of adjoining landowners (Nos.

19 and 23 Hynds Road, Box Hill) to enable the partial construction of Ursa Street and Amalthea Street in order to provide access to the development site. (Section 4.15(a)(iv) and (e) of the Environmental Planning and Assessment Act, 1979).

1) The application, as amended, is not supported by a revised BASIX certificate as

required pursuant to State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004. (Section 4.15(a)(i) of the Environmental Planning and Assessment Act, 1979).

2) The proposed development does not satisfy the requirements of the Box Hill

Development Control Plan 2018 with respect to site coverage, cut and fill, adaptable housing, and car parking in Sections 4.1.1 – Cut and Fill, 5.2.8 Garages, Storage, Site Access and Parking and Table 18, 5.5 Adaptable Housing. (Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979).

3) Insufficient evidence has been provided to demonstrate compliance with the

requirements of the Box Hill Development Control Plan 2018 with respect to site coverage controls in Table 18 – Key controls for multi dwelling housing. (Section 4.15(1)(a)(iii), (b) and (c) of the Environmental Planning and Assessment Act, 1979).

4) The proposal has not demonstrated that a reasonable level of amenity for future

residents of the development will be provided in relation to adaptable housing and quality of common open space areas. (Section 4.15(1)(a)(iii), (b) and (c) of the Environmental Planning and Assessment Act, 1979).

5) The proposed adaptable housing solution is not supported by certification from a

suitably qualified Adaptable Housing Consultant to demonstrate compliance with Adaptable Housing Standard (AS 4299-1995). (Section 4.15(1)(a)(iii) and (c) of the Environmental Planning and Assessment Act, 1979).

6) The proposal has not adequately addressed landscaping, engineering, and waste

management concerns. (Section 4.15(1)(a)(i) and (iii), (b) and (c) of the Environmental Planning and Assessment Act, 1979).

7) The submitted plans are inadequate and contain errors which have prevented a

complete assessment of the application. (Section 4.15(1)(b) and (c) of the Environmental Planning and Assessment Act, 1979).

8) The proposal is not in the public interest as it has not resolved the issue of orderly development by obtaining the consent of the adjoining landowners in order to provide access to the development site and due to its departure from the requirements under the Box Hill Development Control Plan 2018. (Section 4.15(1)(d) and (e) of the Environmental Planning and Assessment Act 1979).


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HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The Development Application was notified and no submissions were received. ITEM-3 DA 1433/2020/LA – FORMALISATION OF UNAUTHORISED

WORKS INCLUDING PART DEMOLITION AND RECONFIGURATION OF RETAINING WALLS AND ASSOCIATED EARTHWORKS - LOT 22 DP 703423, 5 YANDIAH PLACE CASTLE HILL

PUBLIC NOTIFICATION OF THE DETERMINATION PURSUANT TO ITEM 20(2)(c) AND (d) OF SCHEDULE 1 OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979 DECISION The Development Application be refused on the following grounds:

Section 4.15 (EP&A Act) – Unsatisfactory

DCP Part B Section 2 – Residential – Unsatisfactory

1. The proposed development does not comply with the Clauses 2.4, 2.5, 2.14.7,

2.14.9 of Part B Section 2 ‘Residential’ of the Hills Development Control Plan 2012. (Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979).

2. The development is not suitable for the site as it will not provide a satisfactory relationship between the built form and adjoining properties. (Section 4.15(1)(c) of the Environmental Planning and Assessment Act, 1979).

3. The development is considered not to be in the public interest as it contravenes the relevant DCP standards. (Section 4.15(e) of the Environmental Planning and Assessment Act, 1979).

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The Development Application was notified and no submissions were received.


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ITEM-2 DA 1616/2020/HA - INSTALLATION OF A TELECOMMUNICATIONS FACILITY (MOBILE PHONE BASE STATION) - LOT 1 DP 402457, NO. 43 CATTAI RIDGE ROAD GLENORIE

THEME: Shaping Growth

OUTCOME: 5 Well planned and liveable neighbourhoods that meets growth targets and maintains amenity.

STRATEGY: 5.1 The Shire’s natural and built environment is well managed through strategic land use and urban planning that reflects our values and aspirations.

MEETING DATE: 13 OCTOBER 2020 DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR TOWN PLANNER AMANDA HAWKINS

RESPONSIBLE OFFICER: MANAGER – DEVELOPMENT ASSESSMENT PAUL OSBORNE

Applicant Lendlease Services

Owner Epsilon Distribution Ministerial Holding

Notification 14 days

Number Advised 22 (including the Hills District Historical Society)

Number of Submissions 8 (5 objections, 3 in support)

Zoning RU6 Transition

Site Area 2023m2

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

Section 4.15 (EP&A Act) – Satisfactory. SEPP Infrastructure (2007) – Satisfactory. Local Environment Plan 2019 – Satisfactory. DCP Part B Section 1 – Rural – Variation, see report. DCP Part C Section 5 – Telecommunications Facility – Satisfactory. NSW Telecommunications Facilities Guideline including Broadband – Satisfactory. Section 7.12 Contribution: $3,372.56

Political Donation Yes

Reason for Referral to DAU 1. Variation to DCP. 2. Submissions received.

Recommendation Approval subject to conditions

EXECUTIVE SUMMARY The Development Application is for a telecommunications facility for the Optus Mobile wireless network. The total height of the facility is 32.8 metres. The applicant has indicated that the facility is necessary to support increasing demand for mobile voice and data services in the suburbs of Glenorie, Kenthurst and Middle Dural as the area was identified as


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an area of poor mobile coverage. The applicant advised that while a number of sites were considered, the subject site was chosen as it best met their criteria. Eight submissions were received during the notification period which raised issues regarding rural amenity, radiation, visual impact, site selection and impact on property values. The proposed location of the facility is appropriate in relation to providing a service to the community while minimising any adverse impact on surrounding properties in respect to health, environment and impacts on the visual character of the area. The application is recommended for approval subject to conditions.

PROPOSAL

The Development Application is for a telecommunications facility for the Optus Mobile wireless network. The proposed facility will provide the area with 3G, 4G and 5G voice and data coverage. The proposed facility includes the following works:

One new 30m Monopole;

One square headframe mounted on top of the proposed monopole bringing the total

height of the structure to 32.8m;

Twelve new Optus panel antennas onto the proposed headframe including the

provision of 5G antennas;

One new equipment shelter within a 9.4m x 5m compound area at the base of the

proposed facility surrounded by an Optus compound security fence;

The installation of ancillary equipment including but not limited to twenty-six new

Remote Radio Units (RRU’s), feeder cables, GPS antenna and cable trays.

The facility is proposed to be located adjacent to the southern property boundary. The facility will be located outside the existing substation fencing to allow for access to the facility as required. ISSUES FOR CONSIDERATION

1. Compliance with State Environmental Planning Policy (Infrastructure) 2007

The proposed telecommunications facility is permitted with consent on any land under SEPP Infrastructure 2007 (Section 115(1)). A telecommunications facility is defined as: (a) any part of the infrastructure of a telecommunications network, or (b) any line, cable, optical fibre, fibre access node, interconnect point, equipment,

apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or

(c) any other thing used in or in connection with a telecommunications network. The proposal complies with the above definition. Section 115(3) of the SEPP states: Before determining a development application for development to which this clause applies, the consent authority must take into consideration any guidelines concerning site selection,


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design, construction or operating principles for telecommunications facilities that are issued by the Director-General for the purposes of this clause and published in the Gazette. The Department of Planning have published the NSW Telecommunications Facilities Guideline including Broadband (2010) which has been considered for this development. This is addressed below in Section 2. The proposed telecommunication facility is considered satisfactory in regard to the requirements of SEPP Infrastructure 2007. 2. NSW Telecommunications Facilities Guideline including Broadband 2010 The guideline provides principles for the design, siting, construction and operation of telecommunications facilities that apply to proposed telecommunications facilities. The principles are under the following headings: Principle 1: A telecommunications facility is to be designed and sited to minimise visual impact Comment: The proposed facility has been integrated with the existing substation on the lot. The visual impact is minimised through the design and location of the facility. The ancillary equipment will be colour matched to the structure and the ground based equipment will be located adjacent to the monopole and finished in neutral colours. The colours selected complement the existing substation colours to assist in minimising the visual impact. In addition, existing trees located around the facility will further screen the works as shown in Attachments 6 and 7. The siting and design of the facility is considered to be in accordance with relevant industry guidelines. Principle 2: Telecommunications facilities should be co-located wherever practical. Comment: The proposal is not for co-location. The closest facility is 2km north and the site was identified due to existing poor coverage in the area. Principle 3: Health standards for exposure to radio emissions must be met. Comment: The proposal has been designed so that the maximum human exposure levels to radiofrequency emissions comply with the Radiation Protection Standard. The proposal has also been assessed by Council’s Senior Environmental Health Officer who raised no concerns with the proposed electromagnetic energy (EME) from the proposed facility. The EME report shows that the maximum radiofrequency signal strength from the facility would equate to 1.21% of the safety limit. Principle 4: Minimise disturbance and risk and maximise compliance. Comment: The proposal has been designed to minimise disturbance on the locality where possible. A number of conditions are recommended to control construction activities and minimise disturbance on the locality. It is considered that the applicant has had regard to the above principles and the development is consistent with the matters outlined within the guidelines.


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3. Compliance with Local Environment Plan 2019 (i) Permissibility The land is zoned part RU6 Transition under Local Environmental Plan 2019. The proposed telecommunications facility is permissible in the zone. A telecommunications facility is defined as follows:

(a) any part of the infrastructure of a telecommunications network, or

(b) any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or

(c) any other thing used in or in connection with a telecommunications network.

(ii) Compliance with LEP 2019 – Zone Objectives

The objectives of the RU6 Transition zone are as follows: RU6 Transition zone objectives

To protect and maintain land that provides a transition between rural and other land uses of varying intensities or environmental sensitivities.

To minimise conflict between land uses within this zone and land uses within adjoining zones.

To encourage innovative and sustainable tourist development, sustainable agriculture and the provision of farm produce directly to the public.

Comment: The subject site currently contains an electrical substation. The proposed telecommunications facility will integrate with the existing development on the lot without interference as it only occupies a small portion of the land outside the area the substation and its associated infrastructure utilises. The proposal will enhance the telecommunication needs of nearby residences. The proposal is considered satisfactory having regard to the RU6 Transition zone. (iii) LEP 2019 - Development Standards

The following addresses the principal development standard of the LEP relevant to the subject proposal:

LEP 2019 MAPPING - DEVELOPMENT STANDARDS

STANDARD REQUIRED PROPOSED COMPLIANCE

Building Height 10m (excludes communication devices)

Max. 32.8m Monopole height: 30m

Yes

The building height definition contained within the LEP building height excludes communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like. The definition of a building within the Act can include any structure (which in this case, a mobile tower is considered to be a structure). It is considered that the proposed


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structure functions as a communication device which includes ancillary components listed as exemptions under the building height definition. It is also noted that certain telecommunication facilities can be approved as complying development under SEPP Infrastructure which can exceed the maximum LEP height standard in certain zoned areas. (iv) Heritage The subject site adjoins heritage item I92 ‘House’ in Schedule 5 of the Hills Local Environmental Plan (LEP) 2019. Clause 5.10(4) of the LEP requires the consent authority to consider the effect of the proposed development on the heritage significance of the item or area concerned. An assessment against the objectives of the Clause 5.10 Heritage Conservation is provided below:

(a) to conserve the environmental heritage of The Hills,

The proposed development does not propose any changes to the existing heritage item.

(b) to conserve the heritage significance of heritage items and heritage conservation

areas, including associated fabric, settings and views,

The proposal has a building height of 32.8m, and is located within the setback area fronting Cattai Ridge Road. The heritage curtilage refers to the two timber and stone structures built to the Cattai Ridge Road boundary, and not the surrounding grounds. While the existing vegetation on subject site will partially obscure the proposal from the heritage item, it will likely be visible from private open space within the property. As the private open space does not form part of the heritage curtilage, the proposed works are unlikely to have an impact on the heritage significance of the site. Notwithstanding this, the existing mix of mature conifer trees and vegetation adjoining the timber and stone barn provide significant screening of the proposal from any eastern facing outlooks within the barn (see Figure 1 below). Likewise, the proposed pole is unlikely to be visible from the cottage due to the extended roof design along the ‘modern’ eastern facing windows. Accordingly, the proposed works are not readily visible from within the heritage item, and are therefore unlikely to impact its heritage significance.


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Figure 1: Heritage Impacts Analysis (c) to conserve archaeological sites No items of archaeological significance are identified at the site. Notwithstanding this, any disturbance of an archaeological item or relics will require an excavation permit from the Heritage Council of NSW under the relics provisions of the Heritage Act 1977. In the event that evidence of the Aboriginal occupation of the site is identified during any phase of onsite works, all works in the affected area should stop, the area adequately protected and OEH informed about the discovery under section 89(A) of the National Parks and Wildlife Act 1974. (d) to conserve Aboriginal objects and Aboriginal places of heritage significance. N/A – Item is of European heritage. As a result, the proposed telecommunication facility is considered satisfactory in regard to the requirements of LEP 2019. 4. DCP Part B Section 1 – Rural

The proposed telecommunications facility has been assessed against the relevant provisions of the Rural DCP and the following non-compliance was identified:

DEVELOPMENT STANDARD

DCP REQUIREMENT

PROPOSED DEVELOPMENT

COMPLIANCE

Front Setback

10m Nil setback - The proposed facility is located on the property boundary fronting Cattai Ridge Road

No

Barn

Subject Site

Approximate Location of

Proposed Works

Mature Screening Vegetation

No. 41 Cattai Ridge Road

(I92)

Cottage


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The objectives of this clause of the DCP are: The scale, siting and visual appearance of new development maintains the open

rural feel of the landscape and preserves scenic and environmental qualities of the area.

The location of new rural/ residential development is to have regard to the potential impacts arising from existing adjacent rural business activities.

Comment: The proposed facility is located adjacent to the Cattai Ridge Road boundary. Locating the facility within the secure fencing that encloses the substation was not possible as unrestricted access to the proposed facility is required. The location of the facility will not result in the removal of any of the mature trees on the lot that will assist in screening the development. As detailed in this report, the proposed facility is located on a small portion of a site which currently contains an electrical substation. Locating the proposed facility on the same allotment as the existing substation reduces the proliferation of these services throughout the suburb and therefore assists in maintaining the rural feel of the area and minimises the impact on nearby rural residential properties. The proposed facility is a permissible form of development in the zone and the proposed location of the facility on the lot is considered to be acceptable in this instance. 5. DCP Part C Section 5 – Telecommunications Facilities

The proposed telecommunications facility has been assessed against DCP Part C Section 5 – Telecommunications Facilities. The development controls relate to visual amenity, co-location, location, heritage, environment, design of the facility and health control requirements. The proposed facility has been integrated with the locality and the visual impact is minimised through the design and location of the facility. There are currently no existing carrier telecommunications facilities in the vicinity with the required position, height or structural suitability that are potentially capable of providing the service on which the proposed equipment can be co-located. The facility has been sited within a rural area and is appropriately located. The site is not located close to any sensitive land uses. The facility will be surrounded by a 2.125m high mesh fence to restrict public access. The proposed facility will comply with relevant regulatory health exposure level requirements. The proposed telecommunications facility is considered to be satisfactory in regard to DCP Part C Section 5 – Telecommunication Facilities. 6. Issues Raised in Submissions

The proposal was notified for 14 days and eight submissions were received. Five of the submissions raised objections to the proposal and the remaining three were either in support or simply provided commentary on the type of development proposed. The issues raised in the submissions are summarised below.


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ISSUE/OBJECTION COMMENT

The proposed facility is too close to the homes in the area and will negatively impact on quality of life and the natural environment. The surrounding houses are set on rural 5 acre blocks with an immense amount of bushland and shrubs. The proposed facility will visually impair the area.

The proposed development occupies a small portion of a site which currently contains an electrical substation, a similar essential service. Locating the proposed facility on the same allotment as the existing substation reduces the proliferation of these services throughout the suburb. The proposed location is considered to be the most suitable in terms of equitable impacts on the surrounding area as it avoids the placement of a telecommunications facility on a residential lot.

I cannot see how the new 32.8m tower with 12 panels which is higher than a majority of all trees in the area can have no visual impact.

It is acknowledged that due to the height proposed, the facility will be visible from adjoining properties. Mobile telecommunications facilities are required to protrude above the surrounding landscape in order to function correctly.

If they are allowed to erect this tower it will have a significant visually impact for a minimum of 20 properties.

The applicant has taken several steps to reduce the visual impact of the proposed facility. The lowest height option pole which meets Optus’ Radio Frequency (RF) design solution has been selected. The proposal also includes a slim monopole rather than a bulk lattice tower or mast. In addition, the facility will be able to provide future colocation options for other carriers which will reduce the proliferation of such structures in the area.

The telecommunications tower is taller than anything in its environment and will look like an alien spaceship floating in the sky.

It is acknowledged that the height of the tower exceeds the surrounding tree canopy however as detailed above, the facility is required to protrude in order to function correctly.

There is no other structure that could distract or camouflage this structure and it will be an “eye sore” which hundreds of local residents will drive by on a daily basis as the location is not well concealed.

As detailed above, the applicant has taken steps to reduce the visual impact of the proposed facility however it is required to protrude in order to function correctly.

The structure is out of character and not in line with the environmental considerations that were made when putting up the substation.

The facility is proposed to be located on a site which currently contains an electrical substation, a similar essential service. Locating the proposed facility on the same allotment as the existing substation reduces the proliferation of these services throughout the suburb. As detailed in this report, the applicant has submitted an EME Report which demonstrates that the emissions from the


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facility will be well within the parameters set for these facilities.

Proper coloured fencing, green building panels, a structure that sits below the current tree lines, new vegetation and landscaping were done to assimilate the substation into the environment. This tower contradicts, ignores and does the exact opposite of what was achieved here in the 2011 substation build.

The applicant advised that Optus is willing to paint the structure an alternative colour however they noted that through their experience, standard plain grey colour as a visual mitigation strategy works best. It is considered that a grey facility tends to blend best with the skyline in all weathers, minimising visual impact on the surrounding area.

By adding the new tower structure, this developer will be removing some of the vegetation, placing a chain metal mesh surrounding it and erecting a tower higher that all the existing vegetation and trees.

The proposal does not incorporate any tree removal. However, it is expected that in due course, trees can sometimes encroach onto the facility. In this instance, tree pruning will be required. Presently, only minimal shrub pruning is required. As detailed above, the tower is required to protrude above the tree canopy in order to function.

The photos submitted with the DA are misleading and make it look as though the trees are of similar height to the tower, which they are not.

The photomontages submitted with the Development Application are indicative of how the proposed facility will sit on the subject site when viewed from the road. The proposed height of the tower is clearly detailed on the architectural plans and supporting documentation.

Maybe they could disguise it as a flagpole.

This is not possible due to the headframe required for the facility to function.

The EME Report does not appear to consider the frequency of the existing substation and the proposed facility combined. Do they together omit a higher frequency? Is it safe to have the two together on one lot? It makes more sense to distance the two facilities from each other so residents experience safe levels from each facility.

The proposed EME Report captures the predicted maximum radio frequency emissions of the telecommunications facility. Mobile Carriers including Optus must operate within the operational standards set by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) and regulated by the Australian Communication and Media Authority (ACMA). The operational standards known as the Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2014, prepared by ARPANSA are based on international standards set by the International Commission for Non-Ionizing Radiation protection (ICNRP) – an agency associated with the World Health Organisation (WHO). The applicant advised that electricity powerlines, substations, transformers and other electrical sources such as common


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electrical appliances emit extremely low frequency (ELF) electric and magnetic fields (EMF), these are not governed by the above standard. The frequencies of both the substation and the proposed facility sit well within the safety parameters set for each facility. Siting the structure on the same property as the substation was a conscious decision by the applicant to reduce the visual impact of the proposal.

Local real estate agents have advised that while the tower may be good from a telecommunication perspective, it will negatively impact property values.

There is no evidence to suggest that approval of the subject application will adversely impact property values. In any event, this is not a consideration in the assessment of a Development Application.

Optus is not the most popular carrier in the area. Telstra is. If the proposed facility is erected, residents will presumably need to switch carriers to gain better reception. Council should carry out further research to ascertain if an Optus tower is the best choice for Glenorie.

It is not within the scope of assessment of a Development Application for the consent authority to ascertain demand for a product. The applicant has advised that there is an ever increasing demand for services in the area.

There is a worldwide stigma in the media regarding 5G towers.

The applicant advised that the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) have recently addressed this information and stated that: “Contrary to some claims, there are no established health effects from the radio waves that the 5G network uses…… We urge you to be cautious of claims from anti-5G campaigns. These campaigns are generating unfounded fear and concern within the community. We have seen increasing misinformation about health effects, our role, and 5G or radio waves generally.”

Internet research has revealed that tower like that emit noise.

Noise emanating from the facility is required to comply with the background noise levels prescribed by Australian Standard AS1055.

There is also no written evidence that states the mobile towers will not cause cancer or chronic diseases. I fear that with time investigations by third parties will provide evidence that mobile phone towers become identified hazards to people.

The facility is to be installed, designed and certified by qualified professionals in accordance with all relevant Australian Standards. The standard operates by placing a limit on the strength of the signal (or RF EME) that Carriers can transmit to and from any network base station. The general public health standard is not based on distance


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limitations, or the creation of “buffer zones”. The environmental standard restricts the signal strength to a level low enough to protect everyone at all times. It has a significant safety margin, or precautionary approach, built into it.

The proposed facility may also impact on wildlife, plants and animals.

As detailed above, the application was accompanied by an EME Report which provided commentary on the predicted and existing maximum radio frequency emissions of the telecommunications facility and substation. The frequencies of both the substation and the proposed facility sit well within the safety parameters set for each facility.

Until such time as testing of the effects of these frequencies have been done, no approvals should be issued.

The proposed development is a permissible form of development in the zone. The applicant has demonstrated that the proposed facility sits within the current safety parameters.

The facility will result in further health issues for those with EMF hypersensitivity.

As detailed above, the applicant has submitted documentation to demonstrate that the proposed facility sits within the current safety parameters.

Council should refuse the application and press the Federal Government to hold a royal commission into the effects on biological life of these frequencies.

As detailed in this report, the applicant has demonstrated that the proposed facility is an appropriate form of development in the RU6 Transition zone.

Shouldn’t the facility have to be set back from the property boundary?

The Development Control Plan Part C Section 5 – Telecommunication Facilities does not impose a setback requirement for these facilities. The front setback control for new rural development has been discussed in Section 4 of this report. The proposed location was selected as it allowed the facility to be constructed on the property without impeding the ongoing function of the existing substation. For security reasons, the proposed facility cannot sit within the Substation Compound.

The facility should be relocated to a less populated area.

This issue has been already addressed in the table above.

Residents were promised nothing further would happen on this property after the substation was built.

The property owner is not prohibited from considering proposals on their land provided they are permitted forms of development in the zone.


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7. Internal Referrals

The application was referred to following sections of Council:

Environmental Health Ecology

No objection was raised to the proposal subject to conditions. CONCLUSION The Development Application has been assessed against the relevant heads of consideration under Section 4.15 of the Environmental Planning and Assessment Act, 1979, State Environmental Planning Policy (Infrastructure) 2007, the NSW Telecommunications Facilities Guideline, The Hills Local Environmental Plan 2019 and The Hills Development Control Plan 2012 and is considered satisfactory. The proposal will benefit the broader community and improve the telecommunications network in the area. The issues raised in the submissions have been addressed in the report 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 Development Application be approved subject to the following conditions of consent: GENERAL MATTERS 1. Development in Accordance with Submitted Plans The development being carried out in accordance with the following approved plans and details, stamped and returned with this consent except where amended by other conditions of consent.

REFERENCED PLANS AND DOCUMENTS

DRAWING NO. DESCRIPTION REVISION DATE

S2028-P1 Site Plan 01 07/05/2020

S2028-P2 Site Layout Plan 01 07/05/2020

S2028-P3 Elevation 01 07/05/2020


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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. 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.

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

5. Protection of Existing Trees and Native Vegetation No additional native vegetation (trees and understorey) is to be removed for the creation of an Asset Protection Zone or otherwise without prior consent of Council.

6. Management of Construction and/or Demolition Waste Waste materials must be appropriately stored and secured within a designated waste area onsite at all times, prior to its reuse onsite or being sent offsite. This includes waste materials such as paper and containers which must not litter the site or leave the site onto neighbouring public or private property. A separate dedicated bin must be provided onsite by the builder for the disposal of waste materials such as paper, containers and food scraps generated by all workers. Building waste containers are not permitted to be placed on public property at any time unless a separate application is approved by Council to locate a building waste container in a public place.

Any material moved offsite is to be transported in accordance with the requirements of the Protection of the Environment Operations Act 1997 and only to a place that can lawfully be used as a waste facility. The separation and recycling of the following waste materials is required: metals, timber, masonry products and clean waste plasterboard. This can be achieved by source separation onsite, that is, a bin for metal waste, a bin for timber, a bin for bricks and so on. Alternatively, mixed waste may be stored in one or more bins and sent to a waste contractor or transfer/sorting station that will sort the waste on their premises for recycling. Receipts of all waste/recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them.

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

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 7. Section 7.12 Contribution Pursuant to section 4.17 (1) of the Environmental Planning and Assessment Act 1979, and The Hills Section 7.12 Contributions Plan, a contribution of $3,372.56 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 7.12 Contributions Plan.

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

http://www.wastelocate.epa.nsw.gov.au/


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You are advised that the maximum percentage of the levy for development under section 7.12 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 8. 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.

9. 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 and receipt from Sydney Water Tap in™ (if not already provided) must be submitted to the Principal Certifier 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.

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

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

11. 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.


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12. 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).

13. Details and Signage - Principal Contractor and Principal Certifier Details Prior to work commencing, submit to the Principal Certifier notification in writing of the principal contractor’s (builder) name, address, phone number, email address and licence number. No later than two days before work commences, Council is to have received written details of the Principal Certifier in accordance with Clause 103 of the Environmental Planning and Assessment Regulations 2000.

Signage

A sign is to be erected in accordance with Clause 98A(2) of the Environmental Planning and Assessment Regulations 2000. The sign is to be erected in a prominent position and show – a) the name, address and phone number of the Principal Certifier for the work, b) the name and out of working hours contact phone number of the principal

contractor/person responsible for the work. The sign must state that unauthorised entry to the work site is prohibited.

14. Waste Management Details Required Prior to the commencement of works, the location of waste disposal and recycling for all construction and/ or demolition waste materials (bricks, concrete, timber and so on) must be submitted to and approved by the Principal Certifying Authority. Alternatively, details of an appropriately licensed skip bin hire company or site clean company can be provided where the company is engaged to undertake all works during construction of the development (collection, transportation and disposal).

DURING CONSTRUCTION

15. 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.

16. Survey Report and Site Sketch A survey report and site sketch signed and dated (including contact details) by the registered land surveyor may be requested by the Principal Certifier during construction. The survey shall confirm the location of the building/structure in relation to all boundaries and/or levels. As of September 2018 the validity of surveys has been restricted by legislation to 2 years after issue.

17. Critical Stage Inspections and Inspections Nominated by the Principal Certifier Section 6.6 of the Environmental Planning and Assessment Act 1979 requires critical stage inspections to be carried out for building work as prescribed by Clause 162A of the Environmental Planning and Assessment Regulation 2000. Prior to allowing building works


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to commence the Principal Certifier must give notice of these inspections pursuant to Clause 103A of the Environmental Planning and Assessment Regulation 2000.

An Occupation Certificate cannot be issued and the building may not be able to be used or occupied where any mandatory critical stage inspection or other inspection required by the Principal Certifier is not carried out. Inspections can only be carried out by the Principal Certifier unless agreed to by the Principal Certifier beforehand and subject to that person being an accredited certifier.

18. 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.

19. Construction Noise The emission of noise from the construction of the development shall comply with the Interim Construction Noise Guideline published by the Department of Environment and Climate Change (July 2009).

THE USE OF THE SITE 20. Offensive Noise The use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to “offensive noise” as defined under the provisions of the Protection of the Environment Operation Act 1997. ATTACHMENTS 1. Locality Plan 2. Aerial Photograph 3. Site Plan 4. Site Layout Plan 5. Elevation 6. Photo Montages 7. Site Photographs


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ATTACHMENT 1 – LOCALITY PLAN


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ATTACHMENT 2 – AERIAL PHOTOGRAPH


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ATTACHMENT 3 – SITE PLAN


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ATTACHMENT 4 – SITE LAYOUT PLAN


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ATTACHMENT 5 – ELEVATION

ATTACHMENT 6 – PHOTO MONTAGES


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ATTACHMENT 7 – SITE PHOTOGRAPHS

The area of the site the facility is proposed to be located on

View from Cattai Ridge Rd


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The area of the site the facility is proposed to be located on


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Looking East along Cattai Ridge Rd


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Looking West along Cattai Ridge Rd


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ITEM-3 DAU REPORT - DA 1135/2020/HA - DETACHED SECONDARY DWELLING PURSUANT TO SEPP AFFORDABLE RENTAL HOUSING 2009 - LOT 32 DP 227396, 5 GREGORY AVENUE, BAULKHAM HILLS



STRATEGY: 5.1 The Shire’s natural and built environment is well managed through strategic land use and urban planning that reflects our values and aspirations.

MEETING DATE: 13 OCTOBER 2020


AUTHOR: SENIOR TOWN PLANNER

EAMON MURPHY

RESPONSIBLE OFFICER: PRINCIPAL COORDINATOR

KRISTINE MCKENZIE

Applicant L. Sun

Owner L. Sun and S.H. Guo


Number Advised 1st Notification: 15 2nd Notification: 15

Number of Submissions 1st Notification: 2 2nd Notification: 1

Zoning R2 Low Density Residential

Site Area 733m2


Section 4.15 (EP&A Act) – Satisfactory SEPP (Affordable Rental Housing) 2009 – Satisfactory. LEP 2019 – Satisfactory. DCP Part B Section 2 Residential – See report. Section 7.12 Contribution – N/A

Political Donation None Disclosed

Reasons for Referral to DAU 1. Variation to DCP 2. Submissions received.

Recommendation Approval subject to conditions.


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EXECUTIVE SUMMARY

The Development Application is for the construction of a detached secondary dwelling pursuant to SEPP Affordable Rental Housing (SEPP ARH) 2009. The proposal has been assessed against the requirements of the SEPP and the proposal complies with the relevant SEPP requirements. The proposal has also been assessed against the requirements of DCP 2012 Part B Section 2 – Residential however it should be noted that these are merit considerations only given that SEPP ARH 2009 applies. The proposed development complies with the DCP requirements with the exception of the rear setback. The DCP requires a minimum rear setback of 4 metres. The proposed rear setback is 1.517 metres. The proposed setback is considered satisfactory given the single storey design and given that no unreasonable overshadowing or privacy impacts will result from the secondary dwelling. The Development Application was notified on two occasions. Two submissions were received during the first notification period. The Development Application was notified for a second time as amended plans were submitted which relocated the secondary dwelling. One submission was received during the second notification period. The issues raised primarily relate to inadequate onsite parking, increased street parking and vehicle movements, damage to adjoining property fences, stormwater runoff, privacy, character, future occupants, dwelling location, building orientation, height, overshadowing and general maintenance of the property. The proposed secondary dwelling is considered to be satisfactory in terms of its design and relationship to adjoining properties. The proposal will not unreasonably impact on existing or future adjoining dwellings in respect to amenity or create unreasonable traffic or parking impacts. The Development Application is recommended for approval subject to conditions.

BACKGROUND

The subject Development Application was lodged on 27 February 2020. The proposal was notified for 14 days on two occasions and two submissions were received during the first notification period and one submission was received during the second notification period. A letter was sent to the applicant requesting the submission of amended plans on 24 July 2020. Additional information was received on 20 August 2020.

PROPOSAL

The Development Application is for the construction of a detached secondary dwelling located behind the principal dwelling. The dwelling comprises two bedrooms, bathroom, laundry and kitchen/ living area. The proposed secondary dwelling will be constructed of face brick to match the existing dwelling and a pitched tiled roof also to match existing dwelling. The colour scheme will consist of terracotta coloured face brick and brown roof tiles to match the existing house.


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ISSUES FOR CONSIDERATION

1. Compliance with SEPP (Affordable Rental Housing) 2009 The secondary dwelling is proposed under the provisions of SEPP ARH 2009. The subject site has an area of 733m2 and exceeds the SEPP site area requirements of 450m2. The SEPP specifies a maximum secondary dwelling floor area of 60m2, with a floor area of 60m2 proposed. The SEPP contains additional development standards for secondary dwellings where approval is sought as Complying Development. The development standards include a minimum 3 metre rear setback. The proposal does not comply with this standard. However, given approval is sought under a Development Application, and not a Complying Development Certificate, the development standard does not apply and the rear setback is a merit consideration. The merits of the rear setback are addressed in Section 2 of this report. The proposal satisfies the relevant development standards of SEPP ARH 2009. 2. Compliance with DCP Part B Section 2 – Residential The proposal has been assessed against the relevant requirements of the DCP. It is noted that these are merit considerations only given that SEPP ARH 2009 applies. The proposal achieves compliance with the DCP with the exception of the following:

DEVELOPMENT STANDARD

DCP REQUIREMENTS

PROPOSED DEVELOPMENT

COMPLIANCE

Rear Setback 4 metres 1.517 metres to the secondary dwelling.

No, however the secondary dwelling will not result in unreasonable amenity impacts.

a) Rear Setback The DCP requires a minimum rear setback of 4 metres for single dwellings. The proposed secondary dwelling has a proposed rear setback of 1.517 metres. SEPP ARH 2009 does not include specific controls for building setbacks for secondary dwellings where approval is sought under a Development Application. Accordingly, the setbacks are considered on merit. Attachment 3 shows the proposed site plan. The applicant has provided the following justification for the setback: For privacy and solar access reason, granny flat is located at rear and also due to the distance; you have more privacy and private open space for main house. Furthermore, granny flat as second dwelling at rear of property is approved by almost all Councils. Thanks for your consideration.


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Comment: The relevant objectives of the setback standards in the DCP are: (i) To provide setbacks that complements the streetscape and protects the privacy and

sunlight to adjacent dwellings in accordance with ESD objective 7. (ii) To ensure that new development is sensitive to the landscape setting, site

constraints and desired future character of the street and locality.

(iii) To ensure that the appearance of new development is of a high visual quality and enhances the streetscape.

The application does not meet the DCP rear setback requirements however the proposed setback satisfies the relevant objectives of the DCP. In this regard the proposed single storey secondary dwelling will not unreasonably impact on privacy or solar impacts to adjoining properties. The proposal has considered the site constraints and given that the secondary dwelling is located behind the principal dwelling, it will not impact on streetscape. The proposal is also considered satisfactory as the proposed secondary dwelling provides appropriate side setbacks. In this regard the DCP requires a 900mm side setback, with side setbacks of 4.172m (to the western boundary) and 4.2m to the secondary dwelling and 1.2m to the deck (to the eastern boundary). The existing dwelling and secondary dwelling are provided with appropriate private open space which receives adequate solar access. On merit, the rear setback is considered satisfactory and will not adversely impact on adjoining properties. The proposal is not considered to result in any unreasonable impact beyond that of a compliant development, and is therefore considered a suitable outcome for the site. The proposed rear setback is therefore considered satisfactory, on merit, in this instance. 3. Issues Raised in Submissions The Development Application was notified on two occasions. Two submissions were received during the first notification period and one submission was received during the second notification period. The issues raised in the submissions are summarised below. First notification period


Concern about not enough off-street parking for two dwellings. It will lead to an increase in on-street parking. Worried that cars will park in front of neighbouring properties. Will be a safety hazard and will create issues for garbage trucks. The DCP requires that at least one car space is provided for dwellings with a floor area of less than 125m2.

SEPP ARH 2009 does not require parking to be provided for a secondary dwelling. The comment in regard to one car space being required for a dwelling under 125m2 relates to dual occupancy development. This requirement is not applicable to a secondary dwelling.


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The driveway is not wide enough to cater for additional vehicles.

SEPP ARH 2009 does not require increased parking provision.

No other secondary dwellings in area so not in keeping with character of low density area. Not enough infrastructure for new developments that increase the density of the residential area.

Secondary dwellings are permitted in the R2 Low Density Residential area under the provisions of SEPP ARH 2009. The proposed secondary dwelling will not create an unreasonable impact on existing services and infrastructure. Notwithstanding this conditions have been recommended which require building plan approval from Sydney Water and consultation with service authorities (See Conditions 11 and 13).

Proposal will result in privacy impacts to adjoining properties. Location of dwelling at rear of lot will enable overlooking into neighbours.

The proposal is for a single storey structure. The proposal will provide appropriate side setbacks and separation to adjoining properties which will minimise any potential privacy impacts. It is also noted that the proposed secondary dwelling and deck is to be located adjacent to the adjoining property’s detached garage, which will act as a barrier between the existing dwelling and the proposed secondary dwelling, reducing any potential for privacy concerns. In addition, the windows on the western (side) elevation are high-light windows with a sill height of 1.6 metres from the finished floor level.

Questioned why dwelling is not in a north-south orientation like other dwellings in area.

There is no requirement or control in SEPP ARH 2009 regarding dwelling orientation. Nevertheless a review of other properties in the area indicate they include both north-south and east-west orientations dependent on location.

Concerned that secondary dwelling will breach the maximum height of 3.6m

The maximum permitted height for a dwelling is 9m under LEP 2019. The proposed height of the secondary dwelling is a maximum of 5.393m.

Concerned whether existing boundary fences will be replaced or damaged during construction.

It is not proposed to replace the existing boundary fences. The owner of the subject property and/or their builder will be responsible for any damage caused during construction. To mitigate concerns about potential fence damage during construction, a condition is recommended requiring the replacement or rectification of the fence if any damage occurs (See Condition 10).

Questioned how stormwater will be managed. Concerned that runoff from the roof will end up in adjoining properties.

The lot falls to the street and it is proposed to connect the secondary dwelling to the existing system which drains to the street/kerb. The roof water will be collected by gutters and downpipes and be connected to a pit at the front of the lot


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(and then onto the street drainage) via a series of stormwater lines (See Condition 23).

The property will likely become a rental property and not used for family members.

It is a matter for the owner regarding whether the secondary dwelling will be used for family members or tenants. Nevertheless it is the objective of SEPP ARH 2009 to provide affordable housing, and renting the property to non-family members is not prohibited.

The property has an easement through it and it was not shown on the plans.

A search through Council’s records, the deposited Plan 227396 and the survey by registered surveyors C&A Surveyors Ltd. did not reveal an easement on the property.

The property is not currently maintained to a high standard, with overgrown grass, rats, lots of rubbish, resulting in odour, externally stored furniture and the like. Concerned that this situation will be amplified with new dwelling.

This is not a matter for consideration as part of the Development Application. Concerns about maintenance, vermin and odours have been forwarded to Council’s Environment and Health Section for investigation.

The proposal will result in overshadowing.

The proposed secondary dwelling is single storey in design. There will be minimal overshadowing on any adjoining properties. The required solar access to the subject and adjoining properties is achieved.

The secondary dwelling is too close to the western side boundary. Neighbour would like it set back at least 2m from side boundary.

The residential DCP requirement for side setbacks is 900mm. The original proposed side setback of 1000mm was compliant. Amended plans were subsequently submitted with the secondary dwelling relocated into a more central position located 4.172m from the western (side) boundary.

Second notification period

Concerns over secondary dwelling relocation as it is closer to eastern side boundary and results in unacceptable loss of privacy. Privacy and enjoyment of adjoining back yard and garden amenities has been significantly impeded. The orientation of the dwelling with large glass entry doors, faces east, directly into neighbouring garden.

The amended secondary dwelling location is considered satisfactory and the setback of 4.2m complies with the DCP 900mm side setback control. The proposed deck is set back 1.2m from the side boundary. The secondary dwelling is single storey and will not result in unreasonable amenity impacts. It is also noted that the secondary dwelling and deck is to be located adjacent to the adjoining property’s detached garage which will act as a barrier between the existing dwelling and the proposed secondary dwelling, reducing any potential for privacy concerns. Notwithstanding this a condition of consent is


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recommended requiring landscaping screening (Syzygium ‘Backyard Bliss’) along the eastern boundary adjacent to the deck (See Condition 1).

The secondary dwelling does not conform to the standard minimum set back distance (5 metres) as defined in the Development Control Plan – Dual Occupancy.

The proposal is for a secondary dwelling under SEPP ARH 2009. As such the provisions of the Dual Occupancy DCP do not apply.

The proposal is not in keeping with the peaceful, low density residential area.

Secondary dwellings are permitted in the R2 Low Density Residential area under the provisions of SEPP ARH 2009. The proposed secondary dwelling will not unreasonably impact on amenity to adjoining properties.

The raised deck results in reducing the effective height of the boundary fence from 1.8m to 1.5m.

The deck will be a maximum of 300mm above the existing ground level. To protect the privacy and amenity of the adjoining property owner, a condition of consent is recommended requiring landscaping screening (Syzygium ‘Backyard Bliss’) along the eastern boundary adjacent to the deck (See Condition 1).

The DCP requires that at least one car space is provided for dwellings with a floor area of less than 125m2. Lack of parking will result in increased street parking.

SEPP ARH 2009 does not require parking to be provided for a secondary dwelling. The comment in regard to one car space being required for a dwelling under 125m2 relates to dual occupancy development. This requirement is not applicable to a secondary dwelling.

The driveway is not wide enough to cater for additional vehicles.

SEPP ARH 2009 does not require parking to be provided for a secondary dwelling.



Land and Spatial Information No objection was raised to the proposal subject to a condition.

CONCLUSION

The Development Application has been assessed against the relevant heads of consideration under Section 4.15 of the Environmental Planning and Assessment Act, 1979, State Environmental Planning Policy (Affordable Rental Housing) 2009, Local Environmental Plan 2019 and DCP Part B Section 2 - Residential and is considered satisfactory. The issues raised in the submissions have been addressed in the report 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.


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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 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:

- Landscaping screening of Syzygium ‘Backyard Bliss’, planted at approx. 1 metre spacing and 300mm pot sizes, is to be provided in the area marked in red on the site plan. The landscaping screening is be maintained for the lifetime of the development.


DRAWING NO DESCRIPTION DATE

AD – LS - 01 Site Plan 20/02/2020

AD – LS – 02 Floor Plan 20/02/2020

AD – LS - 03 Elevation Plan 20/02/2020

AD – LS - 04 Sections 20/02/2020

- External Colours -





5. Bushfire Requirements - BAL LOW – Residential i) Asset Protection Zones

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 3.2 and Appendix 4 of


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Planning for Bush Fire Protection 2019 and the NSW Rural Fire Service's document Standards for asset protection zones.

The Inner Protection Area shall comprise of the following:

● minimal fine fuel at ground level;

● vegetation that does not provide a continuous path to building/s for the transfer of fire;

● shrubs and trees that do not form a continuous canopy and vegetation is planted/cleared into clumps rather than continuous rows;

● species that retain dead material or deposit excessive quantities of ground fuel are avoided;

● shrubs and trees are pruned or removed so they do not touch or overhang the building/s; and

● vegetation is located far enough away from the building/s so that plants will not ignite the building/s by direct flame contact or radiant heat emission.

ii) Water Supply and Utilities

Water, electricity and gas are to comply with section 7.4 of Planning for Bush Fire Protection 2019.

iii) Landscaping

Landscaping to the site is to comply with the principles of Appendix 4 of Planning for Bush Fire Protection 2019. In this regard the following landscaping principles are to be incorporated into the development:

● Grassed areas/mowed lawns/ or ground cover plantings being provided in close proximity to the building;

● Restrict planting in the immediate vicinity of the building which may over time and if not properly maintained come in contact with the building;

● Planting should not provide a continuous canopy to the building (i.e. trees or shrubs should be isolated or located in small clusters);

● When considering landscape species consideration needs to be given to estimated size of the plant at maturity;

● Avoid species with rough fibrous bark or which retain/shed bark in long strips or retain dead material in their canopies;

● Use smooth bark species of trees species which generally do not carry a fire up the bark into the crown;

● Avoid planting of deciduous species that may increase fuel at surface/ ground level (i.e. leaf litter);

● Avoid climbing species to walls and pergolas;

● Locate combustible materials such as woodchips/mulch, flammable fuel stores away from the building;

● Use of low flammability vegetation species.


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6. Adherence to Waste Management Plan All requirements of the Waste Management Plan submitted as part of the Development Application must be implemented except where contrary to other conditions of consent. The information submitted regarding construction and demolition wastes 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.


7. Management of Construction and/or Demolition Waste Waste materials must be appropriately stored and secured within a designated waste area onsite at all times, prior to its reuse onsite or being sent offsite. This includes waste materials such as paper and containers which must not litter the site or leave the site onto neighbouring public or private property. A separate dedicated bin must be provided onsite by the builder for the disposal of waste materials such as paper, containers and food scraps generated by all workers. Building waste containers are not permitted to be placed on public property at any time unless a separate application is approved by Council to locate a building waste container in a public place.

Any material moved offsite is to be transported in accordance with the requirements of the Protection of the Environment Operations Act 1997 and only to a place that can lawfully be used as a waste facility. The separation and recycling of the following waste materials is required: metals, timber, masonry products and clean waste plasterboard. This can be achieved by source separation onsite, that is, a bin for metal waste, a bin for timber, a bin for bricks and so on. Alternatively, mixed waste may be stored in one or more bins and sent to a waste contractor or transfer/sorting station that will sort the waste on their premises for recycling. Receipts of all waste/recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them.

8. Commencement of Domestic Waste Service A domestic waste service must be commenced with Council and its Contractor. The service must be arranged no earlier than two days prior to occupancy and no later than seven days after occupancy of the development. All requirements of Council’s domestic waste management service must be complied with at all times. Contact Council’s Resource Recovery Team on (02) 9843 0310 to commence a domestic waste service.

9. House Numbering The responsibility for house/unit numbering is vested solely in Council in order to provide a consistent and accurate system of street numbering throughout the Shire.

Approved numbering for this development is: 5-5A Gregory Avenue, Baulkham Hills

Main Dwelling: 5 Gregory Avenue, Baulkham Hills

Secondary Dwelling: 5A Gregory Avenue, Baulkham Hills

The only address available for the secondary dwelling will be 5A Gregory Avenue, Baulkham Hills. This address; and by extension the secondary dwelling may only be used in accordance with Council’s Development Consent.


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The use of the additional address is not granted or recognised by Authorities until Council have been contacted. At that time, Authorities will be advised that the second house number is valid and to be recognised.

The street numbers as issued are to be displayed at the entrance to the property for mail delivery and service providers including emergency services.

10. Boundary Fencing The replacement or rectification of the existing boundary fencing shall be required, at the expense of the owner of No. 5 Gregory Avenue, should any damage occur during construction of the secondary dwelling PRIOR TO WORK COMMENCING ON THE SITE 11. 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 and receipt from Sydney Water Tap in™ (if not already provided) must be submitted to the Principal Certifier 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.

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

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

13. 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.


15. 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).

16. 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


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Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

17. Details and Signage - Principal Contractor and Principal Certifier

Details Prior to work commencing, submit to the Principal Certifier notification in writing of the principal contractor’s (builder) name, address, phone number, email address and licence number.

No later than two days before work commences, Council is to have received written details of the Principal Certifier in accordance with Clause 103 of the Environmental Planning and Assessment Regulations 2000.

Signage A sign is to be erected in accordance with Clause 98A(2) of the Environmental Planning and Assessment Regulations 2000. The sign is to be erected in a prominent position and show –

a) the name, address and phone number of the Principal Certifier for the work,

b) the name and out of working hours contact phone number of the principal contractor/person responsible for the work.

The sign must state that unauthorised entry to the work site is prohibited.

DURING CONSTRUCTION 18. Hours of Work Work on the project to be limited to the following hours: -




19. Survey Report and Site Sketch A survey report and site sketch signed and dated (including contact details) by the registered land surveyor may be requested by the Principal Certifier during construction. The survey shall confirm the location of the building/structure in relation to all boundaries and/or levels. As of September 2018 the validity of surveys has been restricted by legislation to 2 years after issue.

20. Deepened Edge Beam All fill is to be contained within the deepened edge beam as shown on the approved plans. The deepened edge beam is to extend to natural ground level. No fill is to be placed to the exterior of the building unless otherwise shown on the approved plans.

21. 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.1076188S is to be complied with. Any subsequent version of this BASIX Certificate will supersede all previous versions of the certificate.

22. Critical Stage Inspections and Inspections Nominated by the Principal Certifier Section 6.6 of the Environmental Planning and Assessment Act 1979 requires critical stage inspections to be carried out for building work as prescribed by Clause 162A of the Environmental Planning and Assessment Regulation 2000. Prior to allowing building works


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to commence the Principal Certifier must give notice of these inspections pursuant to Clause 103A of the Environmental Planning and Assessment Regulation 2000.


23. 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.

24. 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


PRIOR TO ISSUE OF OCCUPATION CERTIFICATE 25. Landscaping Prior to Issue of any Occupation Certificate Landscaping of the site shall be carried out prior to issue of an Occupation Certificate. The Landscaping shall be either certified to be in accordance with the approved plan by an Accredited Landscape Architect or be to the satisfaction of Council’s Manager Environment and Health. All landscaping is to be maintained at all times in accordance with THDCP Part C, Section 3 – Landscaping and the approved plans.

USE OF THE SITE 26. Maintenance of Landscaping Works The landscaping works, including screening planting are to be effectively maintained at all times and throughout the life of the development.

ATTACHMENTS

1. Locality Plan 2. Aerial Photograph 3. Site Plan 4. Elevations


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ATTACHMENT 3 – SITE PLAN


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ATTACHMENT 4 – ELEVATIONS


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ITEM-4 1270/2020/HC – DELETION OF RESIDENTIAL UNITS IN BLOCK F2 AND REPLACEMENT WITH A CHILD CARE CENTRE, INDOOR RECREATION FACILITY, SHOPS AND ASSOCIATED WORKS – LOT 2 DP 1187577, NO. 12-14 BARRY ROAD, NORTH KELLYVILLE



STRATEGY:

5.1 The Shire’s natural and built environment is well managed through strategic land use and urban planning that reflects our values and aspirations.

MEETING DATE: 13 OCTOBER 2020


AUTHOR: SENIOR TOWN PLANNER

HARRISON DEPCZYNSKI

RESPONSIBLE OFFICER: PRINCIPAL COORDINATOR

KRISTINE MCKENZIE

Applicant Mr M Stokes & Jasara Management Pty. Ltd.

Owner BTS Australia Pty. Ltd.


Number Advised 101

Number of Submissions One

Zoning R3 Medium Density Residential

Site Area 8,143m2


Section 4.15 (EP&A Act) – Satisfactory. State Environmental Planning Policy (Sydney Region Growth Centres) 2006 – Clause 4.6 variation required, see report. Draft Amendment to State Environmental Planning Policy (Sydney Region Growth Centres) 2006 – Satisfactory. State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 – Satisfactory. State Environmental Planning Policy (SEPP) No. 65 – Design Quality of Residential Apartment Development – Satisfactory. Apartment Design Guide – Satisfactory. Sydney Region Environmental Plan No. 20 (Hawkesbury-Nepean River) No. 2 – 1997 – Satisfactory. North Kellyville Precinct Development Control Plan 2018 –


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Satisfactory. DCP Part B Section 6 – Business – Variation required, see report. DCP Part C Section 1 Parking – Satisfactory. Section 7.12 Contribution: $23,375.55

Political Donation None Disclosed

Reason for Referral to DAU Variation to a development standard of between 7% and 10%

Recommendation Approval subject to conditions

EXECUTIVE SUMMARY

The Development Application is to amend an existing residential development approval (1336/2012/JP) to introduce commercial uses into the development. The proposal involves the deletion of 13 residential units to facilitate a 104 place child care centre, gymnasium, two neighbourhood shops and an office for building management. Associated redesign of foyers, access amenities and basement car parking is also proposed in addition to new rooftop communal open space for Building F. SEPP (Sydney Region Growth Centres) 2006 limits the height to 16 metres. The proposal has a maximum height of 17.4m which is an 8.75% variation for the rooftop planter boxes on Building F. The applicant has submitted a Clause 4.6 variation request to the SEPP height limit. The Clause 4.6 variation request is well founded and can be supported. A variation is also proposed to DCP Part B Section 6 – Business with respect to the child care centre external play area being located within the front setback. The variation will not unreasonably impact on the use of the child play area or result in safety concerns and is considered satisfactory. The proposal is identified as integrated development as an approval is required from the NSW Rural Fire Service under the provisions of the Rural Fires Act. NSW RFS have provided their General Terms of Approval. The application was notified and one submission was received. The concern raised relates to the provision of additional retail floor space for two neighbourhood shops. Neighbourhood shops are permitted within the zone and the minimal retail floor area is unlikely to result in adverse economic impacts on the locality. The application is recommended for approval subject to conditions.


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BACKGROUND

Development Application 1336/2012/JP was approved by the then Joint Regional Planning Panel (JRPP) on 20 December 2012 for a mixed use development comprising retail, commercial and residential development. The works were approved to be constructed in four stages and included the following:

Retail and commercial component with a gross floor area of 10,375m2; 274 residential apartments; 930 car parking spaces to cater for all proposed uses; and A park with an area of 4261m2.

The proposal also required subsequent subdivision applications for the construction and dedication of public roads. The original proposal, in broad terms, comprised:

Development of Site 1 for a mixed use building (retail/commercial/residential); Development of Site 2 for residential use (apartment buildings); Development of Site 3 as open space; Associated infrastructure and public domain works; and Use of the supermarket tenancy.

A Section 4.55(2) Modification Application was approved by the then JRPP on 10 October 2014 to amend the staging of the development and the apartment buildings on Site 2. The modifications to Site 2 involved:

Development of Site 2 would occur over Stages 2A and 2B. An increase in the total number of units from 124 to 169, being an increase of 45 units. An increase in the total number of parking spaces from 241 to 343 spaces, being an

increase of 102 spaces. Changes to the unit mix and additional apartments which resulted in an overall reduction

in the number of 3 bedroom units and an increase in the number of 1 bedroom and 2 bedroom units.

A further Section 4.55(2) Modification Application was approved by the now Sydney Central City Planning Panel (SCCPP) (formerly JRPP) on 18 June 2020 which related to the approved apartment building development on Site 2. The modifications involved:

Amending the residential unit mix and decreasing the total units from 169 to 158 as a result of the changed unit mix/type; predominately a reduction in one-bedroom units and an increase in two and three bedroom units.

The inclusion of 10 Specialist Disability Accommodation Units in accordance with the Standard issued under the National Disability Insurance Scheme (NDIS).

• Relocation of the basement access/egress driveway along Indwarra Avenue. • Modification of the basement including introduction of a third level of basement and

increase in parking spaces but also a reduction of basement site coverage resulting in an increase of landscaping and deep-soil areas along the frontages of the site.

• New rooftop communal open space area on Building F. Replacement of existing basement wheel-out kerbside collection arrangement to

Indwarra Avenue with a permanent bin storage area and collection point from Culgoa Street.

Minor changes to comply with the National Construction Code (NCC) 2019.


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The subject ‘amending’ Development Application relates to the approved apartment building development on Site 2. Attachment 1 shows the subject site and the original development site.

PROPOSAL

The Development Application seeks to amend the existing residential development approval 1336/2012/JP as modified by 1336/2012/JP/A and 1336/2012/JP/B to introduce commercial uses. The proposed changes are as follows:

Deletion of 13 lower-ground level residential units in Block F2 Introduction of various commercial uses including:

Child Care Centre for 104 children o Hours of operation 7.00am to 7.00pm Monday to Friday

Commercial Gymnasium o 24/7 hours of operation o Members only with security access controlled o No formal exercise/studio classes within the premises o Average patronage at any peak period (between 7.00am and 8.00pm)

of 20 people o Potential amplified music only between the hours of 7.00am and

8.00pm Two Neighbourhood shops

o Occupation and fit-out subject to future Development Applications or Complying Development Certificates

Management office for the development o To facilitate the day-to-day operations of the mixed use development

by providing a ‘port of call’ for all matters relating to the development (e.g. building manager)

o Hours of operation 7.00am to 7.00pm Monday to Friday Associated business identification signage, replanning of foyers, access amenities

and car parking in the basement. Introduction of Block F2 roof-level common open space to offset the loss of lower

ground-level common open space that is now part of the Child Care Centre. Relocation of all bin storage and servicing arrangements for the development into the

basement. Minor reduction in size of a building services store room adjacent to residential units

G12, 112, 212, 312 and 412 in Building E, increasing the unit sizes from 69m2 to 75m2.

No other changes are proposed to the approved residential units. Attachment 5 shows the location of the buildings on the site and Attachment 6 shows the proposed commercial uses. The applicant has sought these changes via a new Development Application instead of a Section 4.55 modification to the existing consent as the modification would not be considered substantially the same development as originally approved.


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ISSUES FOR CONSIDERATION

1. State Environmental Planning Policy (Sydney Region Growth Centres) 2006 a. Permissibility The site is zoned R3 Medium Density Residential pursuant to State Environmental Planning Policy (Sydney Region Growth Centres) 2006. The proposal seeks to amend an existing residential flat building development approval, creating a mixed use development by introducing the following land uses:

Centre-based child care facility; Indoor recreational facility (gymnasium); Neighbourhood Shops; and Ancillary office space for centre management.

Residential flat buildings, centre-based child care facilities and neighbourhood shops are permitted with consent in the R3 Medium Density Residential zone. Indoor recreational facilities are not specifically listed in the land use table for the R3 Medium Density Residential zone but are permitted with consent in Item 3 as they are characterised as “Any other development not specified in item 2 or 4.” The applicant submitted the following with respect to the permissibility of the office management space: An office management space is proposed to support the proposed development. This use is permissible with consent, as it is identified as ‘any other development not specified in item 2 or 4’. The proposed use seeks to facilitate the day-to-day operations of the residential flat building by providing a port of call for all matters relating to the development. The office space totals 59m2 and is considered an ancillary use to support the residential flat building. Noting the purpose of the proposed use is to provide a supporting function to the overall mixed-use development and its size of 59m2, the use can be characterised as an ancillary use to the primary uses identified above. The development satisfies the provisions for permissibility with respect to SEPP (SRGC) 2006. b. Zone Objectives The site is zoned R3 Medium Density Residential under SEPP (Sydney Region Growth Centres) 2006. The objectives of the R3 Medium Density Residential zone are: • To provide for the housing needs of the community within a medium density residential

environment. • To provide a variety of housing types within a medium density residential environment. • To enable other land uses that provide facilities or services to meet the day to day

needs of residents. • To encourage medium density housing adjoining the North Kellyville Local Centre.


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• To support the well-being of the community, including educational, recreational, community, religious and other activities where compatible with the amenity of a medium density residential environment.

• To allow for low density tourist and visitor accommodation that does not interfere with residential amenity.

The proposed development is consistent with the above objectives of the R3 Medium Density Residential zone as it still provides for the housing needs of the community within a medium density residential environment with a range of dwelling sizes (1, 2 and 3 bedroom dwellings) whilst enabling other land uses that provide facilities or services to meet the day to day needs of residents. In view of the above, it is considered that the proposal satisfies the R3 Medium Density Residential zone objectives under SEPP (SRGC) 2006. c. Development Standards The following table addresses the principal development standards of SEPP (SRGC) 2006:

CLAUSE REQUIRED PROVIDED COMPLIES

4.1 Minimum subdivision lot size

There is no minimum lot specified for the site.

N/A N/A

4.1AB Minimum lot sizes for residential development in certain residential zones

Apartment buildings 2000m2

There is no subdivision proposed with this application however the site has an area of 8,143m2.

Yes

4.1B Residential density

Minimum density for the development is 20 dwellings per hectare

The proposal deletes 13 residential units thereby reducing the total number of residential units on the site from 158 to 145. This would result in a density of 117.4 dwellings per hectare on the site.

Yes

4.3 Height of buildings

16 metres The existing approval permitted height variations of up to 2.85m for parts of the development including roofs and lift overruns. With the introduction of Building F roof level common open space under this application, proposed planter boxes exceed the building height limit up to 1.4m or 8.75%.

No – see comments below.


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4.4 Floor space ratio

There is no FSR specific for the site.

N/A N/A

4.5 Calculation of floor space ratio and site area

Sets criteria for calculation of floor space ratio and site area.

N/A N/A

4.5A Business, office and retail floor area

The total gross floor area used for the purposes of business, office and retail premises on all land in the Zone B1 Neighbourhood Centre must not exceed 4,000m2 and for all land in the Zone B2 Local Centre must not exceed 15,000m2.

Not applicable to the subject site.

N/A

4.6 Exceptions to development standards

Exceptions will be considered subject to appropriate assessment.

An 8.75% variation is proposed to the height of buildings development standard.

See comments below.

d. Variation to Building Height Clause 4.6 Exceptions to Development Standards states as follows:

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

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

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

particular circumstances.

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

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

development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a) that compliance with the development standard is unreasonable or unnecessary in

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

development standard.

(4) Development consent must not be granted for development that contravenes a development standard unless:


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(a) the consent authority is satisfied that: (i) the applicant’s written request has adequately addressed the matters required

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

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

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

(5) In deciding whether to grant concurrence, the Director-General must consider: (a) whether contravention of the development standard raises any matter of

significance for State or regional environmental planning, and (b) the public benefit of maintaining the development standard, and (c) any other matters required to be taken into consideration by the Director-General

before granting concurrence.

(6) Development consent must not be granted under this clause for a subdivision of land in Zone E4 Environmental Conservation if:

(a) the subdivision will result in 2 or more lots of less than the minimum area specified

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

area specified for such a lot by a development standard.

(7) After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

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

would contravene any of the following:

(a) a development standard for complying development, (b) a development standard that arises, under the regulations under the Act, in

connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,

(c) clause 4.1A, 4.1B, 5.4, 6.2 and 6.4 of this Precinct Plan. Clause 4.3 – Height of buildings of Appendix 2 – North Kellyville Precinct Plan prescribes a maximum height of 16 metres for the site. The existing approved development (1336/2012/JP/B) permitted height variations of up to 2.85m for parts of buildings including roofs and lift overruns as shown in Attachment 10. The subject Development Application seeks additional height encroachments of up to 1.4m on the roof level of Building F for planter boxes associated with the proposed common open space. This results in a total maximum building height of 17.4m for the planter boxes, a variation of 8.75% as shown in the Building Height Plane Diagram in Attachment 9. The applicant has submitted a written request pursuant to Clause 4.6 – Exceptions to development standards (see Attachment 11) which is summarised as follows:

http://www.legislation.nsw.gov.au/#/view/EPI/2004/396

http://www.legislation.nsw.gov.au/#/view/EPI/2004/396


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Clause 4.6(3)(a) – Compliance with the Development Standard is Unreasonable or Unnecessary in the Circumstances of the Case The common ways in which an applicant might demonstrate that compliance with a development standard is unreasonable or unnecessary are listed within the ‘five-part test’ outlined in Wehbe v. Pittwater Council [2007] NSWLEC 927. These tests are outlined in Section 2.2 of this report (paragraphs [17]-[21]). An applicant does not need to establish all of the tests or ‘ways’. It may be sufficient to establish only one way, although if more ways are applicable, an applicant can demonstrate that compliance is unreasonable or unnecessary in more than one way. The development is justified against one of the Wehbe tests as set out below. The proposed development achieves the objectives of the development standard as outlined within the table below:

Development Standard Objective

Achievement of Objective

Preserve the amenity of adjoining development in terms of solar access to dwellings, private open space and bulk and scale

The site planning arrangements for the North Kellyville Precinct Plan in conjunction with the road and subdivision pattern for the wider locality provide an effective physical separation between this proposal and all neighbouring development lands. Consequently those elements of the subject buildings which project beyond the 16m height limit will not result in any adverse impacts for adjacent residential areas in terms of overshadowing, overlooking, visual intrusion or loss of views.

Provide for a range of residential building heights in appropriate locations that provide a high quality urban form

The majority of instances where the building exceed the 16m height control are limited to an ancillary design element. Consequently the overall result remains consistent with the built form outcomes nominated in the desired future ridge character area.

Facilitate higher density neighbourhood and town centres while minimising impacts on adjacent residential areas

The parts of the buildings which exceed the height control are limited to ancillary roof top elements which do not add to density of development across the site. As noted above, the road and subdivision pattern provides an effective physical separation from neighbouring development lands. Consequently those elements of the buildings which project beyond the 16m height limit will not result in any adverse impacts for adjacent residential areas in terms of overshadowing, overlooking or loss of views.

Provide appropriate height controls for commercial development

The constraints of the site and design considerations have influenced the overall building height are addressed in detail in the architectural plans from Architex.


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Restrict the height of buildings within the curtilage of heritage items

The development is about 315m from a local heritage item at No. 45 Hezlett Road, a dwelling house (‘Yalta’). The physical separation between the two sites is sufficient to ensure the heritage values, setting and context of ‘Yalta’ would not be diminished despite the proposed exceedance of the 16m height standard.

Clause 4.6(3)(b) – Are there Sufficient Environmental Planning Grounds to Justify Contravening the Development Standard?

There are sufficient environmental planning grounds to justify the proposed variations to the development standard, including the following:

The desired future character of the locality, and the contemplated built form, are still achieved;

Amenity is not compromised for the residential or public domain components of the development;

The objectives of the height standard, and the zone objectives are achieved; and

The elements of the buildings which exceed the height control are generally limited to minor rooftop elements which do not increase the supply and will not result in an increase density of the development that might otherwise result in adverse outcomes for the capacity of infrastructure and services.

In conclusion, there are sufficient environmental planning grounds to justify convening the development.

Comment: The objectives of Clause 4.3 Height of Buildings in SEPP (SRGC) 2006 are: (a) to preserve the amenity of adjoining development in terms of solar access to

dwellings, private open space and bulk and scale, (b) to provide for a range of residential building heights in appropriate locations that

provide a high quality urban form, (c) to facilitate higher density neighbourhood and town centres while minimising impacts

on adjacent residential areas, (d) to provide appropriate height controls for commercial development, (e) to restrict the height of buildings within the curtilage of heritage items. The objectives of the R3 Medium Density Residential zone are as follows: • To provide for the housing needs of the community within a medium density residential

environment. • To provide a variety of housing types within a medium density residential environment. • To enable other land uses that provide facilities or services to meet the day to day

needs of residents. • To encourage medium density housing adjoining the North Kellyville Local Centre. • To support the well-being of the community, including educational, recreational,

community, religious and other activities where compatible with the amenity of a medium density residential environment.

• To allow for low density tourist and visitor accommodation that does not interfere with residential amenity.


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The proposed variation to building height has been reviewed with regard to the objectives of the height of building development standard and the R3 Medium Density Residential zone, the suitability of the development in its context and the impact of its bulk and scale on the surrounding land. As shown on the building height plane diagram (Attachment 9), the extent of the proposed building height variation under this development application is confined to rooftop planter boxes on Building F. The planter boxes allow for natural landscaping and shading on the proposed rooftop communal open space area. Their minimum depth (and therefore overall height) is restricted by the type and size of trees and shrubs they are to accommodate, which for this development is the minimum 1.2m depths as proposed. In comparison to the overall approved development, the height variation for the planter boxes are considered to be minor and the associated rooftop landscaping will provide appropriate shading and amenity for residents utilising the rooftop communal open space. With respect to consistency with the objectives of the R3 Medium Density Residential zone, the development provides for the housing needs of the community within a medium density residential environment with a range of dwelling sizes (1, 2 and 3 bedroom dwellings) whilst enabling other land uses (commercial) that provide facilities or services to meet the day to day needs of residents. In regard to the objectives of the building height development standard, the overall proposed height of the development is considered satisfactory. The site is surrounded by public roads resulting in a development that is separated from adjoining sites in terms of its location and the separation to adjoining residential development will reduce the potential for impacts to these properties. The development contains an appropriate bulk and scale for the site which is similar to that already approved under application 1336/2012/JP/B. Specifically in relation to recent judgments of the Land and Environment Court, for the reasons identified above it is considered that:

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

Clause 4.3 Height of Buildings and the objectives of the R3 Medium Density Residential zone;

Compliance with the standard is unnecessary or unreasonable in this instance; and There are sufficient environmental planning grounds to justify contravening the standard.

Planning Circular PS 20-002, issued by the Department of Planning, Industry and Environment on 5 May 2020, advises that consent authorities may assume the Secretary's concurrence under clause 4.6 of a local environmental plan that adopts the Standard Instrument (Local Environmental Plans) Order 2006 or any other provision of an environmental planning instrument to the same effect. However, the Secretary’s concurrence may not be assumed by a delegate of council if the development contravenes a numerical standard by greater than 10% or involves a variation to a non-numerical standard. The proposed height variation is 8.75% and to a numerical development standard and therefore the Secretary’s concurrence may be assumed. Accordingly, the proposal satisfies the provisions of clause 4.6 of the SEPP and the proposed height variation is considered satisfactory and supportable in this instance.


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e. Clause 5.4 Controls relating to miscellaneous permissible uses Subclause (7) contains the following with respect to neighbourhood shops:

(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Precinct Plan, the retail floor area must not exceed 80 square metres.

The retail floor areas of the two proposed neighbourhood shops are 78m2 and 80m2 respectively. The proposal is satisfactory with respect to Clause 5.4. 2. Sydney Region Environmental Plan No. 20 (Hawkesbury-Nepean River) No. 2 -

1997

The aim of this plan is to protect the environment of the Hawkesbury-Nepean River system by ensuring that the impacts of future land uses are considered in a regional context.

Subject to the imposition of the conditions in addition to conditions already imposed on the approved development 1336/2012/JP, the development is unlikely to have detrimental impacts on the health of the environment of the Hawkesbury and Nepean River system.

3. Draft Amendment to State Environmental Planning Policy (Sydney Region Growth Centres) 2006

In May 2017, the Department of Planning released the draft North West Land Use and Infrastructure Implementation Plan. In addition to a new growth centres structure plan and an infrastructure schedule the package proposes a draft amendment to State Environmental Planning Policy (Sydney Region Growth Centres) 2006 and associated draft changes to the DCP. The proposed changes include the introduction of density bands (rather than only minimum density) and reinstatement of minimum lot sizes for all residential areas (that were removed as part of the 2014 Housing Diversity changes). The Explanation of Intended Effect states that “a consent authority is not required to apply the provisions of the Explanation of Intended Effects to a DA lodged before May 22 2017”. The approved development 1336/2012/JP was lodged on 22 June 2012 which meant that the original application was not subject to the proposed density band requirements, however subsequent modifications 1336/2012/JP/A and 1336/2012/JP/B were subject to the draft density bands. The draft amendment is required to be taken into consideration for this development application pursuant to Section 4.15 of the EP&A Act, being a “proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority …” Clause 4.1B ‘Residential Density’ in Appendix 2 ‘The Hills Growth Centres Precinct Plan’ of the SEPP (SRGC) 2006 states the following:

(1) The objectives of this clause are as follows: (a) to establish minimum density requirements for residential development within the North Kellyville Precinct, (b) to ensure that residential development makes efficient use of land and infrastructure, and contributes to the availability of new housing,


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(c) to ensure that the scale of residential development is compatible with the character of the precincts and adjoining land.

(3) The density of any development to which this clause applies is not to be less than the density shown on the Residential Density Map in relation to that land.

(4) In this clause:

density means the net developable area in hectares of the land on which the development is situated divided by the number of dwellings proposed to be located on that land. net developable area means the land occupied by the development, including internal streets plus half the width of any adjoining access roads that provide vehicular access, but excluding land that is not zoned for residential purposes.

Clause 4.1B is proposed to be amended to introduce a minimum and maximum density band. The ‘Explanation of Intended Effect’ published by the Department of Planning which accompanies the proposed amendments to the Growth Centres SEPP states the following proposed density bands in the North Kellyville Precinct:

Appendix 1 of the ‘Explanation of Intended Effect’ provides an amended Residential Density Map for the North West Priority Land Release Area, which confirms that the subject site is proposed to be located in the 20-100 density range (dwellings per hectare) applicable to the R3 Medium Density Residential Zone.

https://www.legislation.nsw.gov.au/#/view/EPI/2006/418/maps


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The Growth Centres SEPP currently specifies a minimum density provision of 20 dwellings per hectare. The draft amendment to impose a maximum density range of between 20-100 dwellings per hectare which equates to a minimum of 16.2 and maximum of 124 dwellings being permitted on the site (based on a net developable area of approximately 1.235 hectares). The proposal reduces the number of residential units from the 158 approved to 145. This would result in a density of 117.4 dwellings per hectare which is in compliance with the draft density requirements. The proposal is considered satisfactory with respect to the draft SEPP amendments. 4. State Environmental Planning Policy (Educational Establishments and Child

Care Facilities) 2017 The proposed child care centre has been assessed against the requirements of the SEPP and the Child Care Planning Guideline. The proposal achieves compliance with the relevant requirements including indoor and outdoor unencumbered spaces, and the considerations listed in the guideline. The proposal is satisfactory with respect to the SEPP. 5. State Environmental Planning Policy (SEPP) No. 65 – Design Quality of

Residential Apartment Development The proposal involves changes to an existing residential flat building approval for 158 units. SEPP 65 and the provisions of the Apartment Design Guide (ADG) have been reviewed with respect to the proposal and any impacts on the residential flat building component of the development to remain.


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The proposal involves the deletion of 13 residential units in Building F2 to accommodate commercial uses. New rooftop communal open space is proposed on Building F to offset the loss of ground level open space to maintain compliance with ADG requirements. A minor reduction is also proposed to the size of building services store rooms located within hallways adjacent to residential units G12, 112, 212, 312 and 412 in Building E which increases the unit sizes from 69m2 to 75m2. No additional bedrooms result from the unit size increases and the units remain compliant with the ADG. No other changes are proposed to the approved residential units. The residential component of the approved development remains satisfactory with respect to the design quality principles and the relevant ADG requirements including communal open space, deep soil zones, building separation, visual privacy, car parking, solar and daylight access, natural ventilation, ceiling heights, apartment sizes and layouts, balconies, common circulation and spaces, storage and apartment mix. The proposal is considered satisfactory with respect to SEPP 65 and the ADG.

6. North Kellyville Precinct Development Control Plan 2018 The North Kellyville Precinct Development Control Plan (North Kellyville DCP) applies to the subject application. Part 4 of the DCP establishes controls for residential development, however there are no specific controls for commercial development in residential zones which has been considered on merit. An assessment of the relevant key controls established under the DCP for the site is provided in the table below.

CLAUSE REQUIREMENTS PROPOSED COMPLIANCE

2.4.1 Residential Density

Zone R3: Minimum 20 dw/ha The proposed modification achieves the minimum residential density target with 117.4 dwellings proposed where a minimum 16.2 dwellings are required.

Yes

4.3.4 Controls for residential flat buildings, manor homes and shop top housing

2. Residential flat buildings are to:

Be located on sites with a minimum street frontage of 30m, and

Have direct frontage to an area of the public domain (including streets and public parks), and

Not adversely impact upon the existing future amenity of any adjoining land upon which residential development is

The site meets minimum street frontages and has direct frontage to land zoned RE1 Public Recreation opposite the site on Indwarra Avenue. The proposed development retains the existing approved building footprint and is not

Yes


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permitted with respect to overshadowing impact, privacy impact or visual impact.

considered to adversely impact upon the existing future amenity of any adjoining land upon which residential development is permitted with respect to overshadowing impact, privacy impact or visual impact.

3. All residential flat buildings are to be consistent with:

The guidelines and principles outlined in SEPP 65

Primary controls set out in Table 18

The proposal is considered to remain consistent with the principles contained in SEPP 65 and satisfactory with respect to the controls set out in Table 18.

Yes

4. All RFBs containing 10 dwellings or more, a minimum of 10% of all apartments to be designed to be capable of adaptation for access by people with all levels of mobility. Dwellings must be designed in accordance with the Australian Adaptable Housing Standard (AS 4299-1995), which includes ‘pre-adaptation’ design details to ensure visitability is achieved.

18 units (12.5%) are capable of adaptation.

Yes

5. Where possible, adaptable dwellings are to be located on the ground floor. Dwellings located above the ground level of a building may only be provided as adaptable dwellings where lift access is available within the building. The lift access must provide access from the basement to allow access for people with disabilities.

Lift access available within all buildings which also provide access to basement car parking.

Yes

6. The development application must be accompanied by certification from an accredited

An Access Report, prepared by accredited Access

Yes


PAGE 65


Access Consultant confirming that the adaptable dwellings are capable of being modified, when required by the occupant, to comply with the Australian Adaptable Housing Standard (AS 4299-1995).

Consultants, was submitted with the underlying application for the residential flat building. No changes are proposed under this DA to the adaptable dwellings as previously approved.

Table 18 Key controls for residential flat buildings, manor homes, and shop top housing R3 Zone (Residential Flat Buildings)

Max. Site Coverage: 50% of site area

3,615.3m2 or 44.4%.

Yes

Landscaped area (minimum): 30% of site area

The development proposes 2,092.8m2 of landscaped area totalling 25.7% of site area. This is an increase from 24.2% of landscaped area for the existing approved development.

No. However, the original approval permitted a variation for 24.2% landscaped area. Landscaped area has increased to 25.7% under this DA.

Communal open space: 15% of site area

The application proposes 2,699.1m2 of communal open space totalling 33.1% of site area.

Yes

Principal Private open space: Min. 10m2 per dwelling with min. dimension of 2.5m

Provided. Yes

Front setback (min.): 4.5m 1.2m

No. However, the original approval permitted a variation to the articulation zones down to 1.2 metres. The setbacks remain the


PAGE 66


same under this DA.

Corner lots setback (min): 6m 1.2m

No. However, the original approval permitted a variation to the articulation zones down to 1.2 metres. The setbacks remain the same under this DA.

Side setback (min): 6m N/A as all buildings have frontage to public roads.

N/A

Rear setback: 6m N/A as all buildings have frontage to public roads.

N/A

Zero lot line (min): Not permitted N/A as all buildings have frontage to public roads.

N/A

Habitable room/ balcony separation distance for buildings 3 storeys and above (min): 12m

Minimum 12.34m separation is provided.

Yes

Car parking spaces: • 1 space per dwelling, plus 0.5 spaces per 3 or more bedroom dwellings • 1 visitor car parking space per 5 apartments • Bicycle parking spaces: 1 per 3 dwellings

The current DCP controls require:

157 resident spaces

29 visitor spaces

49 bicycle spaces

The DA proposes:

168 resident spaces

29 visitor spaces

49 bicycle spaces

Yes


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5.1.4 Parking Table 19. On site car parking for commercial/retail premises

Use Requirement

Retail Uses 1 space per 25 square metres GFA (Gross Floor Area) for supermarkets and Discount Department Stores. 1 per 50 square metres GFA for main street, village centre and other retail.

Commercial 1 space per 50 square metres GFA.

Educational Establishments

N/A

Child Care Centres

1 space per employee plus 1 space per 6 children enrolled for visitors and/or parent parking

Neighbourhood Shop/ Office Uses Total GFA: 228m2 1 space per 50m2

Therefore 5 car spaces required. 5 spaces provided. Child Care Centre 18 Staff = 18 spaces + 104 children / 6 = 18 spaces (17.3 rounded up) CCC Total = 36 spaces required. 36 car spaces provided.

Yes

7. The Hills Development Control Plan 2012 a. Part B Section 6 – Business (Centre-Based Child Care Facilities – Additional

Controls)

CLAUSE PROPOSED COMPLIANCE

(a) Other relevant Sections of the DCP (i.e. Part B Section 2 – Residential) should be consulted with regards to setbacks, depending on the nature and location of the development.

Refer to North Kellyville DCP Section of Report.

-

(b) Child care centres in rural areas N/A N/A


PAGE 68

are to have a minimum side building setback of 5 metres to minimise noise and privacy impacts to adjoining properties.

(c) Where a development site has a slope such that the minimum setbacks required by (a) above do not achieve the objectives in respect of overshadowing, privacy, and amenity for adjoining land uses, the setbacks will be increased to the point where the objectives are achieved.

N/A N/A

Consideration is to be given to the Building Code of Australia with regards to the fire resistance of walls of the child care centre (and the openings on the walls) facing side and rear boundaries.

Development conditioned to comply with the BCA.

Yes

Setbacks for child care centre car parking areas: The front setback areas are to include landscaping with a minimum width of two metres to screen vehicles from view from the street and surrounding properties.

N/A - The child care centre parking area is located within the basement.

N/A

Side boundary setbacks to car parking areas are to be in accordance with Part C Section 1- Parking and the relevant Sections of the Development Control Plan as outlined in (a) above.

N/A - The child care centre parking area is located within the basement.

N/A

The location of external child play areas in the front setback area is not permitted.

The external child play area is located within the front setback to Culgoa Street.

No – see comments below.

For child care centres located on classified roads in rural zones, play areas are to be located a minimum of 30 metres from the front property boundary.

N/A N/A

Landscaping along the primary and secondary frontages is to include a combination of ground covers, large trees, shrubs, and grass planting and is to provide high-

The proposal is within an approved residential development. An amended landscaping plan was submitted with the application. The landscaping plan was referred to

Yes


PAGE 69

quality landscaping for the development. Landscaping shall be established prior to the occupation of the building.

Council’s Landscape Assessment Officer who raised no objection subject to conditions including requiring landscaping to be implemented prior to the issue of an occupation certificate.

(i) External Play Areas within Front Setback Section 2.34 of the DCP Part B Section 6 – Business contains additional controls for Centre-Based Child Care Facilities. Control 2.34(h) states that the location of external child play areas in the front setback area is not permitted. The external play area for the child care centre is located within the 4.5m front setback to Culgoa Street at the lower ground floor level. Attachment 7 shows the location of the external play area. The applicant provided the following justification for the variation: Notwithstanding a variance to the DCP provisions, it is considered that the relevant DCP objectives continue to be achieved in a manner suitable for the site context, as set out below. In the first instance, the building address is to Indwarra Avenue: • The residential foyer, street entry to the Child Care Centre and Neighbourhood Shop all

front Indwarra Avenue. • The frontage to Indwarra Avenue is fully landscaped - No child play area is included in

this front setback area. • Culgoa Street is a secondary street

In addition to the above, the following may be noted: • The proposed centre remains within the existing/approved building envelope, which

assists in demonstrating a suitable relationship between buildings, landscape areas and adjoining developments and maintaining visual amenity and character of the area.

• The centre has several areas for outdoor play and allows for variations in solar access and exposure to the street, thus providing options for protection to climatic conditions.

• The areas adjacent to the child care centre Play Rooms 1 and 2 were designated as paved private courtyards – there is no alteration from what was approved and no loss of landscaping

• The extent of the outdoor play area along Culgoa Street is only 12.8 metres in length, representing only a portion of the frontage.

• The proposed building design provides a safe environment for the children with screening to prevent over-looking into the centre.

Comment: The DCP objectives are as follows: 1. To ensure that adequate area is provided to permit high-quality landscape planting for

the development. 2. To ensure that external play areas are located to provide a safe environment for children. 3. To ensure a high standard of environmental quality in child care centre developments

and to maintain the overall visual amenity and character of the neighbourhood. 4. To provide a satisfactory relationship between buildings, landscaped areas and adjoining

developments.


PAGE 70

5. To ensure that food is handled in a safe and healthy manner. The external play area for the child care centre is located at the lower ground floor level at RL 69.64, approximately 2.7m below adjacent street level (RL 72.35). Further, at the boundary to the street, 1m high fencing is to be located as approved under development consent 1336/2012/JP. As such, the external play area will not be immediately apparent from the street or create an adverse visual impact upon the streetscape. It is also noted that the existing approval 1336/2012/JP permitted front setback variations for the buildings down to 1.2m. In consideration of these factors, the implementation of a 4.5m metre front setback for the external play area would not necessarily achieve a better planning outcome for the development. The development is considered to achieve the objective to maintain the overall visual amenity and character of the neighbourhood and the external play area encroachment into the front setback is supportable in this instance. The proposal is satisfactory with respect to DCP Part B Section 6 – Business. b. Part C Section 1 – Parking The North Kellyville DCP (NKDCP) contains parking requirements for the residential flat building, neighbourhood shops and child care centre components of the development however does not contain applicable controls for the gymnasium use. Nonetheless, in accordance with Section 1.3 of the NKDCP, the applicable parking rates for the gymnasium use from The Hills DCP Part B Section 1 – Parking have been utilised. The Parking DCP specifies that gymnasiums and fitness centres are required to provide 1 car parking space per 25m2 of gross floor area. The proposed gym is 471m2 in GFA and therefore a minimum of 19 spaces are required. The proposal contains 19 allocated car parking spaces for the gymnasium use. The proposal is satisfactory with respect to The Hills DCP Part C Section 1 – Parking. 8. Issues Raised in the Submission The proposal was originally notified for 14 days and one submission was received. The application was later amended and renotified for 28 days in accordance with integrated development requirements and no further submissions were received. The issues raised in the submission are summarised below:


The submission advised that no objection was raised with the proposed child care centre or gymnasium however concern was raised with the need for three neighbourhood shops given the amount of commercial development already approved under 1336/2012/JP.

An amended proposal was received that reduced the number of neighbourhood shops from three to two. Neighbourhood shops are a permitted use in the R3 Medium Density Residential zone and are also subject to a maximum of 80m2 in retail floor area under Clause 5.4 of the SEPP. Development consent 1336/2012/JP included retail and commercial components on an adjoining site with a gross floor area


PAGE 71


of 10,375m2. The 158m2 in GFA proposed under this application for two neighbourhood shops is considered negligible in comparison to the approved development 1336/2012/JP and unlikely to result in adverse economic impacts on the locality.



Engineering Environmental Health Landscaping Resource Recovery Land and Spatial Information Development Contributions

No objection was raised to the proposal subject to conditions. The following comments are specifically noted with respect to acoustics and development contributions: Environmental Health The proposal and the submitted Acoustic Report have been reviewed by the Environmental Health Officer. The Acoustic Report recommends that several noise mitigation measures be implemented in order for the proposed child care centre and gymnasium to meet the relevant noise criteria for neighbouring residential properties and residential units within the development. The Acoustic Report also assessed noise impacts to the existing sensitive receivers surrounding the development site and deemed compliance with the relevant criteria for assessment subject to the implementation of the recommendations. It was noted that the development contains apartments located directly above the proposed childcare centre and there can be expected noise intrusion into the balconies of apartments on level 1 but compliance within the apartments. Condition 19 requires the recommendations of the Acoustic Report be implemented as part of the approval including but not limited to:

Restricting a maximum of 50% of the children in the outdoor play area at any one time.

2.1m high solid acoustic barriers along outdoor play area boundaries. Advising all future residents of the apartments at the point of sale on the operation of

the childcare centre. Specifically, the operations of the outdoor area play area and the operational hours of the centre.

Gymnasium rubber flooring and noise attenuating wall construction. Condition 72 requires that within 12 months from the issue of an Occupation Certificate, an acoustic compliance assessment is to be carried out by an appropriately qualified person, in accordance with the NSW EPA's - Industrial Noise Policy and submitted to Council’s Manager - Environment and Health for consideration. Condition 73 does not permit formal exercise classes at the gym and restricts the level of music within the gym so that it is not audible at the boundary of any residential premises prior to 7am and after 6pm.


PAGE 72

Development Contributions The proposal has been reviewed by the Development Contributions Officer. Section 7.12 development contributions are applicable to the commercial components of the application. Condition 39 has been recommended regarding section 7.12 contributions. The application also includes the deletion of 13 residential units to facilitate the introduction of commercial uses. Therefore section 7.11 contributions conditioned under development consent 1336/2012/JP are required to be amended to reflect the reduction in 13 dwellings. Instead of requiring the applicant to lodge a Section 4.55 modification application to 1336/2012/JP, Condition 3 has been recommended which requires the applicant to deliver a notice of modification of 1336/2012/JP to Council within six months of the date of determination of this application. The notice is to specify the amended section 7.11 contributions applicable to the residential components of the development (see Condition 3). 10. External Referrals a. NSW Rural Fire Service The application is classified as ‘integrated development’ pursuant to Section 4.46 of the Environmental Planning and Assessment Act, 1979 as an approval is required from the Rural Fire Service under the provisions of the Rural Fires Act, 1977. Development on bushfire prone land for the purpose of a child care centre is identified as a special fire protection purpose under Section 100B of the Rural Fires Act, 1977. The proposal was referred to RFS who provided their general terms of approval (see condition 4 and Attachment 12). b. NSW Police The application was referred to NSW Police for comment who raised no objection to the proposal subject to the implementation of security measures during and after construction including the use of CCTV as previously conditioned with the underlying approval 1336/2012/JP.

CONCLUSION

The Development Application has been assessed against the relevant heads of consideration under Section 4.15 of the Environmental Planning and Assessment Act, 1979, State Environmental Planning Policy (Sydney Region Growth Centres) 2006, State Environmental Planning Policy No. No 65—Design Quality of Residential Apartment Development, North Kellyville Development Control Plan 2018, The Hills Development Control Plan 2012, and is considered satisfactory. The issues raised in the submissions have been addressed in the report 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.


PAGE 73

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

Pursuant to the provisions of Section 4.15 of the Environmental Planning and Assessment Act 1979, the application be approved as follows:- GENERAL MATTERS 1. Development in Accordance with Submitted Plans The development being carried out in accordance with the following approved plans and details, stamped and returned with this consent except where amended by other conditions of consent.


DRAWING NO.

DESCRIPTION SHEET REVISION DATE

00 Cover Sheet 00 H 28/07/2020

01 Calculations 01 H 28/07/2020

03 Site Plan 03 H 28/07/2020

04 Basement Level 3 04 D 15/05/2020

05 Basement Level 2 05 I 12/08/2020

06 Basement Level 1 + Lower Ground Floor Level

06 I 12/08/2020

07 Ground Floor Level 07 J 15/09/2020

08 Level 1 08 H 28/07/2020

09 Level 2 09 H 28/07/2020

10 Level 3 10 H 28/07/2020

11 Level 4 11 H 28/07/2020

12 Roof Plan 12 H 28/07/2020

13 Elevations (Building E) 13 B 27/02/2020

14 Elevations (Building F) 14 H 28/07/2020

15 Internal Elevations 15 J 15/09/2020

16 Sections 16 H 28/07/2020

17 Bin Room Details 17 H 28/07/2020

20 Building Height Plane Diagram

20 H 28/07/2020

23 Child Care Details 23 H 28/07/2020


PAGE 74

25 Signage Details 23 D 15/05/2020

29 Driveway Section 29 I 12/08/2020

31 Balcony Details 29 J 15/09/2020

19018 DA 1-3 Landscape Plan (West) 1 F 03/08/2020

19018 DA 2-3 Landscape Plan (East) 2 F 03/08/2020

19018 DA 1-3 Landscape Plan (Roof) 3 F 03/08/2020


2. Amending Consent This development consent amends and is to operate in conjunction with existing development consent 1336/2012/JP (as modified) only where it relates to Lot 2 DP 1187577. In the event of an inconsistency between this consent and consent 1336/2012/JP, this consent shall prevail to the extent of the inconsistency.

3. Amendments to Consent 1336/2012/JP The applicant must deliver a notice of modification to the consent authority that complies with clause 97 of the Environmental Planning and Assessment Regulation 2000 within six months of the date of this determination. The notice must set out the modifications to Condition No. 48 of development consent 1336/2012/JP as follows:

a) Condition No. 48 is amended to:

48. Section 7.11 Contribution The following monetary contributions must be paid to Council in accordance with Section 7.11 of the Environmental Planning and Assessment Act, 1979, to provide for the increased demand for public amenities and services resulting from the development. Payments comprise of the following:- Stage 2A

Stage 2B

Stage 4

Stage 2A - Block EPurpose: 1

bedroom unit

Purpose: 2

bedroom unit

Purpose: 3

bedroom unit

Purpose:

Credit

No. of 1 Bedroom

Units: 20

No. of 2

Bedroom Units:

30

No. of 3

Bedroom Units:

15

Sum of Units No. of Credits: 1 Total S7.11

Open Space - Land 5,854.96$ 10,248.59$ 13,908.38$ 13,908.38$ 117,099.20$ 307,457.70$ 208,625.70$ 633,182.60$ 13,908.38$ 619,274.22$

Open Space - Capital 914.68$ 1,601.07$ 2,172.81$ 2,172.81$ 18,293.60$ 48,032.10$ 32,592.15$ 98,917.85$ 2,172.81$ 96,745.04$

Transport Facilities - Land 462.77$ 810.03$ 1,099.30$ 1,099.30$ 9,255.40$ 24,300.90$ 16,489.50$ 50,045.80$ 1,099.30$ 48,946.50$

Transport Facilities - Capital 3,445.05$ 6,030.25$ 8,183.67$ 8,183.67$ 68,901.00$ 180,907.50$ 122,755.05$ 372,563.55$ 8,183.67$ 364,379.88$

Water Management - Land 856.99$ 1,500.08$ 2,035.76$ 2,035.76$ 17,139.80$ 45,002.40$ 30,536.40$ 92,678.60$ 2,035.76$ 90,642.84$

Water Management - Capital 376.66$ 659.31$ 894.75$ 894.75$ 7,533.20$ 19,779.30$ 13,421.25$ 40,733.75$ 894.75$ 39,839.00$

Community Facilities - Land 195.49$ 342.18$ 464.38$ 464.38$ 3,909.80$ 10,265.40$ 6,965.70$ 21,140.90$ 464.38$ 20,676.52$

Community Facilities - Capital 476.25$ 833.63$ 1,131.33$ 1,131.33$ 9,525.00$ 25,008.90$ 16,969.95$ 51,503.85$ 1,131.33$ 50,372.52$

Administration 46.15$ 80.78$ 109.62$ 109.62$ 923.00$ 2,423.40$ 1,644.30$ 4,990.70$ 109.62$ 4,881.08$

Total 12,629.00$ 22,105.92$ 30,000.00$ 30,000.00$ 252,580.00$ 663,177.60$ 450,000.00$ 1,365,757.60$ 30,000.00$ 1,335,757.60$

Stage 2B - F1 +F2Purpose: 1

bedroom unit

Purpose: 2

bedroom unit

Purpose: 3

bedroom unit

Purpose:

Credit

No. of 1

Bedroom

Units: 6

No. of 2

Bedroom Units:

66

No. of 3

Bedroom

Units: 8

Sum of Units Total S94

Open Space - Land 5,854.96$ 10,248.59$ 13,908.38$ 13,908.38$ 35,129.76$ 676,406.94$ 111,267.04$ 822,803.74$ 822,803.74$

Open Space - Capital 914.68$ 1,601.07$ 2,172.81$ 2,172.81$ 5,488.08$ 105,670.62$ 17,382.48$ 128,541.18$ 128,541.18$

Transport Facilities - Land 462.77$ 810.03$ 1,099.30$ 1,099.30$ 2,776.62$ 53,461.98$ 8,794.40$ 65,033.00$ 65,033.00$

Transport Facilities - Capital 3,445.05$ 6,030.25$ 8,183.67$ 8,183.67$ 20,670.30$ 397,996.50$ 65,469.36$ 484,136.16$ 484,136.16$

Water Management - Land 856.99$ 1,500.08$ 2,035.76$ 2,035.76$ 5,141.94$ 99,005.28$ 16,286.08$ 120,433.30$ 120,433.30$

Water Management - Capital 376.66$ 659.31$ 894.75$ 894.75$ 2,259.96$ 43,514.46$ 7,158.00$ 52,932.42$ 52,932.42$

Community Facilities - Land 195.49$ 342.18$ 464.38$ 464.38$ 1,172.94$ 22,583.88$ 3,715.04$ 27,471.86$ 27,471.86$

Community Facilities - Capital 476.25$ 833.63$ 1,131.33$ 1,131.33$ 2,857.50$ 55,019.58$ 9,050.64$ 66,927.72$ 66,927.72$

Administration 46.15$ 80.78$ 109.62$ 109.62$ 276.90$ 5,331.48$ 876.96$ 6,485.34$ 6,485.34$

Total 12,629.00$ 22,105.92$ 30,000.00$ 30,000.00$ 75,774.00$ 1,458,990.72$ 240,000.00$ 1,774,764.72$ 1,774,764.72$


PAGE 75

Stage 5

Stage 6

Stage 7


5. Compliance with NSW Rural Fire Service Requirements Compliance with the requirements of NSW Rural Fire Service attached as Appendix (A) to this consent and dated 12 August 2020.

6. Planting Requirements All trees planted as part of the approved landscape plan are to be minimum 75 litre pot size. All shrubs, grasses, and ground covers are to be provided in pot sizes as indicated on approved Landscape Plan Planting Schedule. Block E Roof Level planter boxes have insufficient depth for large tree planting. Plants to be installed in planter boxes on Block E Roof are to be of sizes suitable for the available soil depth. For all planting on slab and planter boxes throughout the development, the following minimum soil depths are to be achieved:

1.2m for large trees or 800mm for small trees; 650mm for shrubs; 300-450mm for groundcover; and 200mm for turf.

Stage 4Purpose: 1

bedroom unit

Purpose: 2

bedroom unit

Purpose: 3

bedroom unit

Purpose:

Credit

No. of 1

Bedroom

Units: 9

No. of 2 Bedroom

Units: 24

No. of 3

Bedroom

Units: 18

Sum of Units No. of Credits: 0 Total S94

Open Space - Land 5,854.96$ 10,248.59$ 13,908.38$ 13,908.38$ 52,694.64$ 245,966.16$ 250,350.84$ 549,011.64$ -$ 549,011.64$

Open Space - Capital 914.68$ 1,601.07$ 2,172.81$ 2,172.81$ 8,232.12$ 38,425.68$ 39,110.58$ 85,768.38$ -$ 85,768.38$

Transport Facilities - Land 462.77$ 810.03$ 1,099.30$ 1,099.30$ 4,164.93$ 19,440.72$ 19,787.40$ 43,393.05$ -$ 43,393.05$

Transport Facilities - Capital 3,445.05$ 6,030.25$ 8,183.67$ 8,183.67$ 31,005.45$ 144,726.00$ 147,306.06$ 323,037.51$ -$ 323,037.51$

Water Management - Land 856.99$ 1,500.08$ 2,035.76$ 2,035.76$ 7,712.91$ 36,001.92$ 36,643.68$ 80,358.51$ -$ 80,358.51$

Water Management - Capital 376.66$ 659.31$ 894.75$ 894.75$ 3,389.94$ 15,823.44$ 16,105.50$ 35,318.88$ -$ 35,318.88$

Community Facilities - Land 195.49$ 342.18$ 464.38$ 464.38$ 1,759.41$ 8,212.32$ 8,358.84$ 18,330.57$ -$ 18,330.57$

Community Facilities - Capital 476.25$ 833.63$ 1,131.33$ 1,131.33$ 4,286.25$ 20,007.12$ 20,363.94$ 44,657.31$ -$ 44,657.31$

Administration 46.15$ 80.78$ 109.62$ 109.62$ 415.35$ 1,938.72$ 1,973.16$ 4,327.23$ -$ 4,327.23$

Total 12,629.00$ 22,105.92$ 30,000.00$ 30,000.00$ 113,661.00$ 530,542.08$ 540,000.00$ 1,184,203.08$ -$ 1,184,203.08$

Stage 5Purpose: 1

bedroom unit

Purpose: 2

bedroom unit

Purpose: 3

bedroom unit

Purpose:

Credit

No. of 1

Bedroom

Units: 3

No. of 2 Bedroom

Units: 15

No. of 3

Bedroom

Units: 3


Open Space - Land 5,854.96$ 10,248.59$ 13,908.38$ 13,908.38$ 17,564.88$ 153,728.85$ 41,725.14$ 213,018.87$ -$ 213,018.87$






Community Facilities - Land 195.49$ 342.18$ 464.38$ 464.38$ 586.47$ 5,132.70$ 1,393.14$ 7,112.31$ -$ 7,112.31$


Administration 46.15$ 80.78$ 109.62$ 109.62$ 138.45$ 1,211.70$ 328.86$ 1,679.01$ -$ 1,679.01$

Total 12,629.00$ 22,105.92$ 30,000.00$ 30,000.00$ 37,887.00$ 331,588.80$ 90,000.00$ 459,475.80$ -$ 459,475.80$

Stage 6Purpose: 1

bedroom unit

Purpose: 2

bedroom unit

Purpose: 3

bedroom unit

Purpose:

Credit

No. of 1

Bedroom

Units: 9

No. of 2 Bedroom

Units: 25

No. of 3

Bedroom

Units: 12


Open Space - Land 5,854.96$ 10,248.59$ 13,908.38$ 13,908.38$ 52,694.64$ 256,214.75$ 166,900.56$ 475,809.95$ -$ 475,809.95$






Community Facilities - Land 195.49$ 342.18$ 464.38$ 464.38$ 1,759.41$ 8,554.50$ 5,572.56$ 15,886.47$ -$ 15,886.47$


Administration 46.15$ 80.78$ 109.62$ 109.62$ 415.35$ 2,019.50$ 1,315.44$ 3,750.29$ -$ 3,750.29$

Total 12,629.00$ 22,105.92$ 30,000.00$ 30,000.00$ 113,661.00$ 552,648.00$ 360,000.00$ 1,026,309.00$ -$ 1,026,309.00$

Stage 7Purpose: 1

bedroom unit

Purpose: 2

bedroom unit

Purpose: 3

bedroom unit

Purpose:

Credit

No. of 1

Bedroom

Units: 0

No. of 2 Bedroom

Units: 25

No. of 3

Bedroom

Units: 7


Open Space - Land 5,854.96$ 10,248.59$ 13,908.38$ 13,908.38$ -$ 256,214.75$ 97,358.66$ 353,573.41$ -$ 353,573.41$

Open Space - Capital 914.68$ 1,601.07$ 2,172.81$ 2,172.81$ -$ 40,026.75$ 15,209.67$ 55,236.42$ -$ 55,236.42$

Transport Facilities - Land 462.77$ 810.03$ 1,099.30$ 1,099.30$ -$ 20,250.75$ 7,695.10$ 27,945.85$ -$ 27,945.85$

Transport Facilities - Capital 3,445.05$ 6,030.25$ 8,183.67$ 8,183.67$ -$ 150,756.25$ 57,285.69$ 208,041.94$ -$ 208,041.94$

Water Management - Land 856.99$ 1,500.08$ 2,035.76$ 2,035.76$ -$ 37,502.00$ 14,250.32$ 51,752.32$ -$ 51,752.32$

Water Management - Capital 376.66$ 659.31$ 894.75$ 894.75$ -$ 16,482.75$ 6,263.25$ 22,746.00$ -$ 22,746.00$

Community Facilities - Land 195.49$ 342.18$ 464.38$ 464.38$ -$ 8,554.50$ 3,250.66$ 11,805.16$ -$ 11,805.16$

Community Facilities - Capital 476.25$ 833.63$ 1,131.33$ 1,131.33$ -$ 20,840.75$ 7,919.31$ 28,760.06$ -$ 28,760.06$

Administration 46.15$ 80.78$ 109.62$ 109.62$ -$ 2,019.50$ 767.34$ 2,786.84$ -$ 2,786.84$

Total 12,629.00$ 22,105.92$ 30,000.00$ 30,000.00$ -$ 552,648.00$ 210,000.00$ 762,648.00$ -$ 762,648.00$


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Note: this is the soil depth alone and not the overall depth of the planter

7. Provision of Parking Spaces The development is required to be provided with 267 off-street car parking spaces, including one accessible space parking space per accessible residential unit, as outlined below:

The residential component is to be allocated:

o 168 resident car parking spaces

o 29 visitor car parking spaces

o 49 spaces for bicycle parking

The child care centre is to be allocated 36 car parking spaces for staff and visitor use

The gymnasium is to be allocated 19 car parking spaces for patron use These car parking spaces shall be available for off street parking at all times.

8. Separate application for other signs A separate application is required to be submitted to and approved by Council prior to the erection of any advertisements or advertising structures other than the sign(s) approved in this consent.

9. Separate Application for Strata Subdivision The strata title subdivision of the development is not included. A separate development application or complying development certificate application is required.

10. Protection of Public Infrastructure Adequate protection must be provided prior to work commencing and maintained during building operations so that no damage is caused to public infrastructure as a result of the works. Public infrastructure includes the road pavement, kerb and gutter, concrete footpaths, drainage structures, utilities and landscaping fronting the site. The certifier is responsible for inspecting the public infrastructure for compliance with this condition before an Occupation Certificate or Subdivision Certificate is issued. Any damage must be made good in accordance with the requirements of Council and to the satisfaction of Council.

11. Vehicular Access and Parking The formation, surfacing and drainage of all driveways, parking modules, circulation roadways and ramps are required, with their design and construction complying with:

AS/ NZS 2890.1

AS/ NZS 2890.6

AS 2890.2

DCP Part C Section 1 – Parking

Council’s Driveway Specifications

Where conflict exists the Australian Standard must be used.

The following must be provided:

All driveways and car parking areas must be prominently and permanently line marked, signposted and maintained to ensure entry and exit is in a forward direction at all times and that parking and traffic circulation is appropriately controlled.

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


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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.

12. Vehicular Crossing Request Each driveway requires the lodgement of a separate vehicular crossing request accompanied by the applicable fee as per Council’s Schedule of Fees and Charges. The vehicular crossing request must be lodged before an Occupation Certificate is issued. The vehicular crossing request must nominate a contractor and be accompanied by a copy of their current public liability insurance policy. Do not lodge the vehicular crossing request until the contactor is known and the driveway is going to be constructed.

13. 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 within an existing or proposed public road, or works within an existing or proposed public reserve can only be approved, inspected and certified by Council. The application form for a minor engineering works approval is available on Council’s website and the application and inspection fees payable are included in Council’s Schedule of Fees and Charges.

a) Driveway Requirements

The design, finish, gradient and location of all driveway crossings must comply with the above documents and Council’s Driveway Specifications.

The proposed driveway/s must be built to Council’s heavy duty standard.

Specifically, only one driveway crossing is approved/ permitted.

A separate vehicular crossing request fee is payable as per Council’s Schedule of Fees and Charges.

b) Site Stormwater Drainage

The entire site area must be graded, collected and drained by pits and pipes to a suitable point of legal discharge based on a 1 in 10 year ARI storm event. The proposed pipe extension shall be connected to the existing underground drainage system in front of the proposed development or at Indwarra Ave.

c) Service Conduits

Service conduits to each of the proposed new lots, laid in strict accordance with the relevant service authority’s requirements, are required. Services must be shown on the engineering drawings.

14. Excavation/ Anchoring Near Boundaries Earthworks near the property boundary must be carried out in a way so as to not cause an impact on adjoining public or private assets. Where anchoring is proposed to support excavation near the property boundary, the following requirements apply:

Written owner’s consent for works on adjoining land must be obtained.

For works adjacent to a road, anchoring that extends into the footpath verge is not permitted, except where expressly approved otherwise by Council, or Transport for NSW in the case of a classified road.


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Where anchoring within public land is permitted, a bond must be submitted to ensure their removal once works are complete. The value of this bond must relate to the cost of their removal and must be confirmed by Council in writing before payment.

All anchors must be temporary. Once works are complete, all loads must be removed from the anchors.

A plan must be prepared, along with all accompanying structural detail and certification, identifying the location and number of anchors proposed.

The anchors must be located clear of existing and proposed services.

Details demonstrating compliance with the above must be submitted to the Principal Certifier and included as part of any Construction Certificate or Occupation Certificate issued.

15. Recycled Water – Rouse Hill/ Sydney Water The subject site must be connected to Sydney Water’s Rouse Hill Recycled Water Scheme, unless written evidence from Sydney Water is submitted advising that this service is not available.

16. Road Opening Permit Should the subdivision/ development necessitate the installation or upgrading of utility services or any other works on Council land beyond the immediate road frontage of the development site and these works are not covered by a Construction Certificate issued by Council under this consent then a separate road opening permit must be applied for and the works inspected by Council’s Maintenance Services team.

The contractor is responsible for instructing sub-contractors or service authority providers of this requirement. Contact Council’s Construction Engineer if it is unclear whether a separate road opening permit is required.



19. Acoustic Requirements The recommendations of the Noise Impact Assessment and Report prepared by Rodney Stevens Acoustics Pty Ltd, referenced as 200027R2 Revision 2, dated 17 September 2020 and submitted as part of the Development Application are to be implemented as part of this approval.

20. Control of Early Morning Noise from Trucks Trucks associated with the construction of the site that will be waiting to be loaded must not be brought to the site prior to 7am.

21. Control of Noise from Trucks The number of trucks waiting to remove fill from the site must be managed to minimise disturbance to the neighbourhood. No more than one truck is permitted to be waiting in any of the streets adjacent to the development site.

22. Provision of Kitchen Waste Storage Cupboard Waste storage facility must be provided in each unit/dwelling to enable source separation of recyclable material from residual garbage. Each unit/dwelling must have a waste storage cupboard provided in the kitchen with at least 2 removable indoor bins with a minimum


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capacity of 15 litres each. The bins provided should allow convenient transportation of waste from the kitchen to the main household bins or waste disposal point. The Principal Certifying Authority must visually confirm in person, or receive photographic evidence validating this requirement, prior to the issue of any Occupation Certificate.

23. Adherence to Waste Management Plan All requirements of the Waste Management Plan submitted as part of the Development Application must be implemented except where contrary to other conditions of consent. The information submitted regarding construction and demolition wastes 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.


24. Communal Composting Areas An area shall be incorporated in the landscape design of the development for communal composting. Whilst the operation of such a facility will depend upon the attitudes of occupants and their Owners Corporation, the potential to compost should exist.

25. Disposal of Surplus Excavated Material The disposal of surplus excavated material, other than to a licenced waste facility, is not permitted without the previous written approval of Council prior to works commencing on site. Any unauthorized disposal of waste, which includes excavated material, is a breach of the Protection of the Environment Operations Act 1997 and subject to substantial penalties. Receipts of all waste/ recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them.

26. Commencement of Domestic Waste Service A domestic waste service must be commenced with Council and its Contractor. The service must be arranged no earlier than two days prior to occupancy and no later than seven days after occupancy of the development. All requirements of Council’s domestic waste management service must be complied with at all times. Contact Council’s Resource Recovery Team on (02) 9843 0310 to commence a domestic waste service.

27. Property Numbering and Cluster Mail Boxes The responsibility for property numbering is vested solely in Council under the Local Government Act 1993.

The property address for this development is: -

Building E = 2 Sandbanks Ave North Kellyville

Building F1 = 4 Sandbanks Ave North Kellyville

Building F2 = 51 Indwarra Ave North Kellyville

(Alternative address for vehicular entry/exit = 9 Culgoa Street North Kellyville)

Approved unit numbering is as per plans submitted marked as DWG:03-06, REV:Various, Dated: Various, marked up within consent documentation; and as follows:

Level Building E Building F1 Building F2

Lower Ground N/A N/A LG01 – LG05

http://www.wastelocate.epa.nsw.gov.au/


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Ground G01 – G13 G14 - 17 & G35 - 36 G18 - G34

One 101 – 113 114 - 119 120 - 127

Two 201 – 213 214 - 215 & 233 – 236 216 – 232

Three 301 – 313 314 – 319 320 - 327

Four 401 – 413 414 – 419 N/A

These addresses shall be used for all correspondence, legal property transactions and shown on the final registered Deposited Plan/Strata Plan lodged with Land Registry Services NSW as required.

Under no circumstances can unit numbering be repeated or skipped throughout the development regardless of the building name or number.

Approved numbers, unless otherwise approved by Council in writing, are to be displayed clearly on all door entrances including stairwells, lift and lobby entry doors.

External directional signage is to be erected on site at driveway entry points and on buildings to ensure that all numbering signage throughout the complex is clear to assist emergency service providers locate a destination easily & quickly.

Mail Boxes

Cluster mail boxes are to be located as shown on plans submitted marked as DWG No: 06 & 07, Rev: F & G, Dated:17/6/2020 marked up within consent documentation.

Cluster mail boxes are to be located within the site on the public footpath boundary within easy reach from a public road for the postal delivery officer. The number of mail boxes to be provided is to be equal to the number of units, plus one (1) for the proprietors of the development and be as per Australia Post size requirements. The proprietors additional mail box is to be located within the cluster located at Building E = 2 Sandbanks Ave North Kellyville

Strata Developments

All approved developments that require subdivision under a Strata Plan, must submit a copy of the final strata plan to Council’s Land Information Section before it is registered for the approval and allocation of final property and unit numbering. This applies regardless of whether the PCA is Council or not.

It is required that Lot numbers within the proposed strata plan are not duplicated and all run sequentially within the same level, commencing from the lowest level upwards to the highest level within the development.

Please call 9843 0555 or email a copy of the final strata plan before it is registered at Land Registry Services NSW to [email protected] for the approval of final Property and Unit numbering with corresponding Lot Numbers now required to be included within the registered Strata Administration sheet.

Under no circumstances is the Strata Plan to be lodged with Land Registry Services NSW before Council has approved all final addressing.

28. Separate Development Application for Neighbourhood Shop Occupations A separate development application is required for the occupation of the approved neighbourhood shop tenancies unless otherwise permitted under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. The submission for a development application is required to provide an assessment against:

State Environmental Planning Policy (Sydney Region Growth Centres) 2006 – Appendix 2 North Kellyville Precinct Plan


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North Kellyville Development Control Plan 2018

The above assessment should specifically address the following:

Proposed use and its permissibility

Hours of Operation

Staff Numbers

Signage, and

Parking Provision

29. Irrigation Automatic watering system is to be installed as a minimum to all common areas and planters on slab. Details including backflow prevention device, location of irrigation lines and sprinklers, and control details are to be communicated to Council or Private Certifier prior to issue of the construction certificate.

30. Provision of Goods Personnel Hoist – Bin Transportation A dedicated in-shaft goods personnel hoist must be provided that complies with AS1418.8 and must incorporate the following specification for the safe transportation of full 1100 litre bins from Bin Room 3 on the basement level 01 to the Bin Collection Room on basement level 02:

A minimum platform of 3m x 2.4m (approx.. 3m x 3m shaft).

A capacity of at least 2000kg.

Electrically operated roller doors with full width door opening interlocked to the safe operation of the hoist.

Programmed automatically to lift or lower on a single button control.

Design registered to carry personnel with SafeWork NSW.

An operating speed of at least 9m per minute.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 31. Notice of Requirements The submission of documentary evidence to the Certifying Authority, including a Notice of Requirements, from Sydney Water Corporation confirming that satisfactory arrangements have been made for the provision of water and sewerage facilities.

Following an application a “Notice of Requirements” will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water / sewer extensions can be time consuming and may impact on other services and building, driveway and landscape design.

32. Stormwater Pump/ Basement Car Park Requirements The stormwater pump-out system must be designed and constructed in accordance with AS/ NZS 3500.3:2015 - Plumbing and Drainage - Stormwater drainage. The system must be connected to the Onsite Stormwater Detention system before runoff is discharged to the street (or other point of legal discharge) along with the remaining site runoff, under gravity. All plans, calculations, hydraulic details and manufacturer specifications for the pump must be submitted with certification from the designer confirming compliance with the above requirements.


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33. Security Bond – Road Pavement and Public Asset Protection In accordance with Section 4.17(6) of the Environmental Planning and Assessment Act 1979, a security bond of $208,680.00 is required to be submitted to Council to guarantee the protection of the road pavement and other public assets in the vicinity of the site during construction works. The above amount is calculated at the per square metre rate set by Council’s Schedule of Fees and Charges, with the area calculated based on the road frontage of the subject site plus an additional 50m on either side (370m) multiplied by the width of the road (6m).

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.

Note: Alternatively, the existing Security Bond which was provided to Council under approved 1336/2012/JP will need to be held/retained with Council and the written consent of the Registered proprietorial of 1336/2012/JP will need to be provided to Council.

34. Security Bond – External Works In accordance with Section 4.17(6) of the Environmental Planning and Assessment Act 1979, a security bond is required to be submitted to Council to guarantee the construction, completion and performance of all works external to the site. The bonded amount must be based on 150% of the tendered value of providing all such works. The bond amount must be confirmed with Council prior to payment. The tendered value of the work must be provided for checking so the bond amount can be confirmed.

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 completed to Council’s satisfaction.

35. 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.

Engineering works can be classified as either “subdivision works” or “building works”.

Works within an existing or proposed public road, or works within an existing or proposed public reserve can only be approved, inspected and certified by Council.

Depending on the development type and nature and location of the work the required certificate or approval type will differ. The application form covering these certificates or approvals is available on Council’s website and the application fees payable are included in Council’s Schedule of Fees and Charges.

The concept engineering plan prepared by SGC Consultants Pty Ltd, Project No. 20180345, DWG No. SW202, Revision 4, dated: 10.09.20 is for development application purposes only and is not to be used for construction. The design and construction of the engineering works listed below must reflect the concept engineering plan and the conditions of consent.

a) Water Sensitive Urban Design Elements

Water sensitive urban design elements, consisting of proprietary stormwater quality treatment products, are to be located generally in accordance with the plans and information submitted with the application.

Detailed plans for the water sensitive urban design elements must be submitted for approval. The detailed plans must be suitable for construction, and include detailed and representative


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longitudinal and cross sections of the proposed infrastructure. The design must be accompanied, informed and supported by detailed water quality and quantity modelling. The modelling must demonstrate a reduction in annual average pollution export loads from the development site in line with the following environmental targets:

90% reduction in the annual average load of gross pollutants

85% reduction in the annual average load of total suspended solids

65% reduction in the annual average load of total phosphorous

45% reduction in the annual average load of total nitrogen

All model parameters and data outputs are to be provided.

b) Pedestrian Crossing Thresholds

No pedestrian crossings or thresholds are to be constructed without separate written approval from Council’s Local Traffic Committee via Council’s Manager – Infrastructure and Transport Planning. The design and construction of any such pedestrian crossing thresholds must comply with the above documents, AS 1742.13:1991 and AUSTROADS Part 13. The design must consider signage, line marking, parking restrictions and night time visibility.

36. 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.

37. Erosion and Sediment Control/ Soil and Water Management Plan The detailed design must be accompanied by an Erosion and Sediment Control Plan (ESCP) or a Soil and Water Management Plan (SWMP) prepared in accordance with the Blue Book and Council’s Works Specification Subdivision/ Developments.

A SWMP is required where the overall extent of disturbed area is greater than 2,500 square metres, otherwise an ESCP is required.

An ESCP must include the following standard measures along with notes relating to stabilisation and maintenance:

Sediment fencing.

Barrier fencing and no-go zones.

Stabilised access.

Waste receptacles.

Stockpile site/s.


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A SWMP requires both drawings and accompanying commentary (including calculations) addressing erosion controls, sediment controls, maintenance notes, stabilisation requirements and standard drawings from the Blue Book.

An SWMP is required for this development.

38. Erosion & Sediment Control Plan Submission of an Erosion and Sediment Control Plan to the Principal Certifier, including details of:

a) Allotment boundaries

b) Location of the adjoining roads

c) Contours

d) Existing vegetation

e) Existing site drainage

f) Critical natural areas

g) Location of stockpiles

h) Erosion control practices

i) Sediment control practices

j) Outline of a maintenance program for the erosion and sediment controls

(NOTE: For guidance on the preparation of the Plan refer to ‘Managing Urban Stormwater Soils & Construction’ produced by the NSW Department of Housing).

39. Section 7.12 Contribution Pursuant to section 4.17 (1) of the Environmental Planning and Assessment Act 1979, and The Hills Section 7.12 Contributions Plan, a contribution of $23,375.55 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 7.12 Contributions Plan.

You are advised that the maximum percentage of the levy for development under section 7.12 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%

40. Special Infrastructure Contribution – Growth Centres A special infrastructure contribution is to be made in accordance with the Environmental Planning and Assessment (Special Infrastructure Contribution – Western Sydney Growth Areas) Determination 2011, as in force when this consent becomes operative. Information about the special infrastructure contribution can be found on the Department of Planning and Environment website: http://www.planning.nsw.gov.au/ Please contact the Department of Planning and Environment regarding arrangements for the making of a payment.

41. Construction Management Plan A construction management plan must be submitted demonstrating how the potential for conflict between resident and construction traffic is to be minimised and managed

http://www.planning.nsw.gov.au/


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throughout all stages of the development. The construction management plan must be submitted before a Construction Certificate is issued and complied with for the duration of works. PRIOR TO WORK COMMENCING ON THE SITE 42. Property Condition Report – Public Assets A property condition 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.

43. Traffic Control Plan A Traffic Control Plan is required to be prepared and approved. The person preparing and approving the plan must have the relevant accreditation to do so. A copy of the approved plan must be submitted to Council before being implemented. Where amendments to the plan are made, they must be submitted to Council before being implemented.

A plan that includes full (detour) or partial (temporary traffic signals) width road closure requires separate specific approval from Council. Sufficient time should be allowed for this to occur.

44. Erection of Signage – Supervision of Subdivision Work In accordance with the Environmental Planning and Assessment Regulations 2000, a sign is to be erected in a prominent position displaying the following information:

The name, address and telephone number of the Principal Certifier (Council);

The name and telephone number (including after hours) of the person responsible for carrying out the works;

That unauthorised entry to the work site is prohibited.

This signage must be maintained while the subdivision work is being carried out and must be removed upon completion.

As per the Environmental Planning and Assessment Act 1979, only Council can issue a Subdivision Certificate which means only Council can be appointed as the Principal Certifier for subdivision works.

45. Contractors Details The contractor carrying out the subdivision works must have a current public liability insurance policy with an indemnity limit of not less than $10,000,000.00. The policy must indemnify Council from all claims arising from the execution of the works. A copy of this insurance must be submitted to Council prior to works commencing.

46. Erosion and Sediment Control/ Soil and Water Management The approved ESCP or SWMP measures must be in place prior to works commencing and maintained during construction and until the site is stabilised to ensure their effectiveness. For major works, these measures must be maintained for a minimum period of six months following the completion of all works.


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48. Details and Signage - Principal Contractor and Principal Certifier

Details Prior to work commencing, submit to the Principal Certifier notification in writing of the principal contractor’s (builder) name, address, phone number, email address and licence number.

No later than two days before work commences, Council is to have received written details of the Principal Certifier in accordance with Clause 103 of the Environmental Planning and Assessment Regulations 2000.

Signage A sign is to be erected in accordance with Clause 98A(2) of the Environmental Planning and Assessment Regulations 2000. The sign is to be erected in a prominent position and show –

a) the name, address and phone number of the Principal Certifier for the work,

b) the name and out of working hours contact phone number of the principal contractor/person responsible for the work.

The sign must state that unauthorised entry to the work site is prohibited.

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

This will include, but not be limited to a stabilised access point and appropriately locating stockpiles of topsoil, sand, aggregate or other material capable of being moved by water being stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

50. Soil and Water Management Plan A Soil and Water Management Plan is to be prepared. The plan shall be in accordance with "Managing Urban Stormwater - Soils and Construction" (Blue Book) produced by the NSW Department of Housing. The plan is to be kept on site at all times and made available upon request. The plan is to include a plan of management for the treatment and discharge of water accumulated in open excavations. Water containing suspended solids greater than 50 mg/L shall not be discharged to the stormwater system. DURING CONSTRUCTION 51. Standard of Works All work must be carried out in accordance with Council’s Works Specification Subdivisions/ Developments and must include any necessary works required to make the construction effective. All works, including public utility relocation, must incur no cost to Council.

52. Hours of Work Work on the project to be limited to the following hours: -



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53. Critical Stage Inspections and Inspections Nominated by the Principal Certifier Section 6.6 of the Environmental Planning and Assessment Act 1979 requires critical stage inspections to be carried out for building work as prescribed by Clause 162A of the Environmental Planning and Assessment Regulation 2000. Prior to allowing building works to commence the Principal Certifier must give notice of these inspections pursuant to Clause 103A of the Environmental Planning and Assessment Regulation 2000.


54. Dust Control The emission of dust must be controlled to minimise nuisance to the occupants of the surrounding premises. A dust management plan is to be developed with a copy submitted to Council. In the absence of any alternative measures, the following measures must be taken to control the emission of dust:

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

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


The dust management plan must be implemented until the site works are completed and the site is stable and covered in either vegetation or bonding agent. The dust management plan must be provided to any contractor involved in the demolition, excavation, provision of fill or any other dust generating activity.

55. Construction Noise The emission of noise from the construction of the development shall comply with the Interim Construction Noise Guideline published by the Department of Environment and Climate Change (July 2009). PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE 56. Section 73 Certificate must be submitted to the Principal Certifier before the issuing of an Occupation Certificate A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

Make early application for the certificate, as there may be water and sewer pipes to be built and this can take some time. This can also impact on other services and building, driveway or landscape design.

Application must be made through an authorised Water Servicing Coordinator. For help either visit www.sydneywater.com.au > Building and developing > Developing your land > water Servicing Coordinator or telephone 13 20 92.

The Section 73 Certificate must be submitted to the Principal Certifier before occupation of the development.


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57. Landscaping Prior to Issue of any Occupation Certificate Landscaping of the site shall be carried out prior to issue of an Occupation Certificate. The Landscaping shall be either certified to be in accordance with the approved plan by an Accredited Landscape Architect or be to the satisfaction of Council’s Manager Environment and Health. All landscaping is to be maintained at all times in accordance with THDCP Part C, Section 3 – Landscaping and the approved landscape plan.

58. Completion of Engineering Works An Occupation Certificate must not be issued prior to the completion of all engineering works covered by this consent, in accordance with this consent.

59. Property Condition Report – Public Assets Before an Occupation Certificate is issued, an updated property condition report must be prepared and submitted to Council. The updated report must identify any damage to public assets and the means of rectification for the approval of Council.

60. Pump System Certification Certification that the stormwater pump system has been constructed in accordance with the approved design and the conditions of this approval must be provided by a hydraulic engineer.

61. Stormwater Management Certification The stormwater management system must be completed to the satisfaction of the Principal Certifier prior to the issuing of an Occupation Certificate. The following documentation is required to be submitted upon completion of the stormwater management system and prior to a final inspection:

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

For Onsite Stormwater Detention (OSD) systems, a certificate of hydraulic compliance (Form B.11) from a hydraulic engineer verifying that the constructed OSD system will function hydraulically;

For OSD systems, a certificate of structural adequacy from a 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;

Records of inspections; and

An approved operations and maintenance plan.

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

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

a) Restriction/ Positive Covenant – Water Sensitive Urban Design

The subject site must be burdened with a positive covenant that refers to the water sensitive urban design elements referred to earlier in this consent using the “water sensitive urban design elements” terms included in the standard recitals.

b) Positive Covenant – Stormwater Pump

The subject site must be burdened with a restriction and a positive using the “basement stormwater pump system” terms included in the standard recitals.

c) Positive Covenant – Onsite Waste Collection


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The subject site must be burdened with a positive covenant relating to onsite waste collection using the “onsite waste collection” terms included in the standard recitals.

63. Water Sensitive Urban Design Certification An Occupation Certificate must not be issued prior to the completion of the WSUD elements conditioned earlier in this consent. The following documentation must be submitted in order to obtain an Occupation Certificate:

WAE drawings and any required engineering certifications;

Records of inspections;

An approved operations and maintenance plan; and

A certificate of structural adequacy from a suitably qualified structural engineer verifying that any structural element of the WSUD system are structurally adequate and capable of withstanding all loads likely to be imposed on them during their lifetime.

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

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

Works as Executed Plan

Stormwater Drainage CCTV Recording

The works as executed plan must be prepared by a civil engineer or registered surveyor. A copy of the approved detailed design must underlay the works as executed plan so clearly show any differences between the design and constructed works. The notation/ terminology used must be clear and consistent too. For bonded/ outstanding work the works as executed plan must reflect the actual work completed. Depending on the nature and scope of the bonded/ outstanding work a further works as executed plan may be required later, when that work is completed.

All piped stormwater drainage systems and ancillary structures which will become public assets must be inspected by CCTV. A copy of the actual recording must be submitted electronically for checking.

65. Performance/ Maintenance Security Bond A performance/ maintenance bond of 5% of the total cost of the subdivision works is required to be submitted to Council. The bond will be held for a minimum defect liability period of six months from the certified date of completion of the subdivision works. The minimum bond amount is $5,000.00. The bond is refundable upon written application to Council and is subject to a final inspection.

66. Acoustic Compliance Report The acoustic consultant shall progressively inspect the installation of the required noise suppressant and glazing components as recommended in report titled Noise Impact Assessment prepared by Rodney Stevens Acoustics dated 17 September 2020. Certification is to be provided to the certifying authority prior to the issue of an occupation certificate.

67. Domestic Waste Collection Risk Assessment Prior to any Occupation Certificate being issued, a risk assessment must be undertaken on site by Council’s Coordinator Resource Recovery. The time for the assessment must be arranged when clear unobstructed circulation in and out of the site is available for Council’s Domestic Waste Contractor to perform a mock collection run at the site.


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THE USE OF THE SITE 68. Hours of Operation – Child Care Centre The hours of operation of the child care centre being restricted to 7.00am to 7.00pm Monday to Friday.

Any alteration to the above hours of operation will require the further approval of Council.

69. Hours of Operation - Gymnasium The gymnasium is permitted to operate 24 hours 7 days a week.


70. Hours of Operation – Neighbourhood Shops & Building Management Office The hours of operation of the neighbourhood shops and building management office being restricted to 7.00am to 7.00pm Monday to Sunday.


71. Offensive Noise The use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to “offensive noise” as defined under the provisions of the Protection of the Environment Operation Act 1997.

72. Final Acoustic Report Upon reaching 90% capacity or within 12 months from the issue of an Occupation Certificate whichever occurs first, an acoustical compliance assessment is to be carried out by an appropriately qualified person, in accordance with the NSW EPA's - Industrial Noise Policy and submitted to Council’s Manager - Environment and Health for consideration.

This report should include but not be limited to, details verifying that the noise control measures as recommended in the acoustic report submitted with the application are effective in attenuating noise to an acceptable noise level and that the activities does not give rise to “offensive noise” as defined under the Protection of the Environment Operation Act 1997.

73. Operation of the Gym The level of music played must be restricted so that it is not audible at the boundary of any residential premises prior to 7am and after 6pm.

No formal exercise classes / studio classes are permitted without the prior approval of Council.

There shall be no deliberate dropping of free weights as part of the use of the premises as this can result in nuisance noise and vibration.

The activities associated with the operation of the gym shall be undertaken wholly within the premises with the door shut. A self-closing device is to be provided to the door.

A noise management plan for the operation of the gym shall be developed and implemented and provided to members. The plan must provide advice to members to be quiet and respectful of the neighbours when entering and leaving the site particularly outside of normal business hours.

The use of the gym must not cause offensive noise as defined under the provisions of the Protection of the Environment Operations Act 1997.


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ATTACHMENTS

1. Locality Plan 2. Aerial Photograph 3. Zoning Map 4. Building Height Map 5. Site Plan 6. Building F2 Lower Ground Floor Plan (Commercial Uses) 7. Child Care Centre Detail Plan 8. Landscape Plans 9. Building Height Plane Diagram 10. Approved Building Height Plane Diagram (1336/2012/JP/B) 11. Clause 4.6 Variation Request 12. NSW Rural Fire Service General Terms of Approval


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ATTACHMENT 3 – ZONING MAP


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ATTACHMENT 4 – BUILDING HEIGHT MAP


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ATTACHMENT 5 –SITE PLAN


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ATTACHMENT 6 – BUILDING F2 LOWER GROUND FLOOR PLAN (COMMERCIAL USES)


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ATTACHMENT 7 – CHILDCARE CENTRE DETAIL PLAN


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ATTACHMENT 8 – LANDSCAPE PLANS


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ATTACHMENT 9 – BUILDING HEIGHT PLANE DIAGRAM


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ATTACHMENT 10 – APPROVED BUILDING HEIGHT PLANE DIAGRAM 1336/2012/JP/B


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ATTACHMENT 11 – CLAUSE 4.6 VARIATION REQUEST


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ATTACHMENT 12 – NSW RURAL FIRE SERVICE GENERAL TERMS OF APPROVAL


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