The proposed development is contrary to the relevant objectives of the Hills Local Environmental Plan 2012. In this respect, the proposal is inconsistent with the streetscape and the desired character of the Balmoral Road Clearance Area is not considered appropriate for the location.
It has not been adequately justified and demonstrated that the guest house is compatible with the character of the Balmoral Road Release Area as required by Division 3, Section 30A of the SEPP (ARH) 2009. Yes, but the proposal is inconsistent with the planned design of cross. information provided to determine an accurate building height. v) Compliance with clause 4.1 Minimum subdivision lot size for LEP 2012.
Compliance with The Hills Development Control Plan
The extent of impervious areas within the front offset area reduces the opportunity for landscaping to reduce the visual impact of hardstand areas in opposition to development control. As a result, the proposal is likely to have a detrimental and undesirable impact on the visual quality of the streetscape.
Issues Raised in Submissions
The proposed subdivision and boarding house results in minimal landscaping and an overdevelopment of the site. The value of nearby properties is not a matter for consideration under Section 4.15 of the EP&A Act.
Although there is no defined floor space ratio for the site of the facility, the proposal is considered to be an overdevelopment of the area with limited proposed landscaping and areas of excessive setback. The stormwater concept plan proposes to direct all runoff from the site to a new inlet at Kennedy, opposite the anti-slump area.
External Referrals The proposal was referred to
The proposal does not meet the objectives of clause 4.1 of The Hills Local Environmental Plan 2012. The proposal does not meet and is inconsistent with the outcomes of The Hills Development Control Plan 2012 – Part B Section 4 – Multi Dwelling Housing – with respect to to waste management, landscaping, acoustic privacy, building separation, parking. The proposal does not meet and is inconsistent with the outcomes of The Hills Development Control Plan 2012 – Part C Section 1 – Parking.
The proposal does not meet and is inconsistent with the outcomes of The Hills Development Control Plan 2012 – Part C Section 3 – Landscaping.
The proposal is shown to achieve a satisfactory planning outcome in relation to the underlying objectives of the setback control measures. The non-compliant front setback is due to exceeding the bin storage area. The proposal provides for appropriate landscaping to soften the internal areas of the site.
Although the proposal is not compliant with regard to sunlight to the private open space of Units 2 and 3, it can meet the objectives of the clause.
Issues Raised in Submissions
Stormwater management The proposal has been revised into a stormwater scheme which has since been reviewed by the Council's engineer. A combination of retaining these trees and the proposed landscaping will address these concerns. It is considered that the proposed tree removal associated with the proposed development will not unacceptably affect local wildlife.
The retention of existing canopy trees and the addition of proposed landscaping will ensure that the scope and scale of the built form is mitigated.
A condition of consent is recommended (see condition 21) which requires street trees to be provided along the frontage of the property, which will further reduce visual impact. The amended color schedule submitted with the application proposes a darker rendering color to further reduce the visual impact of the development as viewed from Livingstone Avenue. Overall, the proposal is considered to be satisfactory and consistent with the site, which is intended for a medium-densely populated area.
The issues raised in the comments do not warrant further modification or refusal of the application.
Development in Accordance with Submitted Plans
The proposed development is consistent with the planning principles, vision and objectives outlined in "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 with respect. to the streetscape and the general location. No work (including excavation, earth filling or soil reshaping) may be carried out before the Building Certificate is issued where a Building Certificate is required.
Building Work to be in Accordance with BCA
Property Numbering for Integrated Housing, Multi Unit Housing, Commercial Developments and Industrial Developments
Air Conditioner Location
The recommendations contained in the acoustic assessment and report prepared by Acoustic Noise and Vibration Solutions Pty Ltd, referenced as 2016-704, dated 26 May 2017 and submitted as part of the development application, must be implemented as part of this approval.
Control of early morning noise from trucks
Control of Noise from Trucks
Adherence to Construction and Demolition Waste Management Plan
Management of Construction and/or Demolition Waste
Disposal of Surplus Excavated Material
Receipts for all landfill/recycling must be kept on site at all times and presented in legible form to any authorized officer of the municipality who requests it.
Commencement of Domestic Waste Service
Construction of Bin Store
There must be a waste service path from the bin leading to the street including curb crossing. The path must provide the most direct access to the bins for servicing by waste disposal contractors. The track shall be a minimum width of 1m and not exceed a grade of 1:14 (7%) and shall be constructed of concrete with a smooth non-slip finish.
Replacement Planting Requirements
Compliance with Roads and Maritime Services Requirements
If it is necessary to excavate below the level of the base of the footings of the adjacent roads, the person acting on the permission must ensure that the owner/s of the road is given at least seven (7) days' notice of the intention to excavate under the base of the footings. Concerns are raised about several structures located in close proximity to the M2 motorway noise wall (potentially causing ground movement near the M2 motorway noise wall). All vehicular access to the site (including construction access) must be provided via local roads.
All works/legal signage associated with the proposed development will be free of charge for Roads and Maritime.
Strata Certificate Preliminary Review
The development must be in accordance with the 'Guideline for Development Near Rail Corridors and Busy Roads' (attached document).
Process for Council Endorsement of Legal Documentation
If the subdivision/development necessitates the installation or improvement of utilities or other work on council land beyond the immediate road frontage of the development site and such work is not covered by a building certificate issued by the council under this permission, a separate road opening will be a permit must be applied for and the work must be inspected by the maintenance services team of the municipality. If it is unclear whether a separate permit to open a road is required, please contact the municipal civil engineer.
Provision of Parking Spaces
Protection of Public Infrastructure
Vehicular Access and Parking
Section 7.12 Contribution
Erosion & Sediment Control Plan
Protection of Internal Noise Levels (Residential Unit/Townhouse/Villa Development)
Security Bond Requirements
Onsite Stormwater Detention – Upper Parramatta River Catchment Area
Water Sensitive Urban Design Elements
45% reduction in annual average total nitrogen loading All model parameters and data output to be specified.
Stormwater Pump/ Basement Car Park Requirements
Works on Adjoining Land
Security Bond – Road Pavement and Public Asset Protection
Security Bond – External Works
Engineering Works and Design
A 5m wide path/local drainage connection must be constructed at the locations shown on the approved plan. Therefore, the pipework must be diverted to the existing curb inlet ditch at the southern end of Horwood Avenue. The pipe extension must be placed under the existing curb, which requires the removal and reconstruction of the curb and gutter and road shoulder.
The detailed design of the rainwater drainage pipe construction must be accompanied by adequate hydrological and hydraulic calculations.
Principal Certifying Authority
The building plans must be submitted to the relevant Sydney Water office to determine whether the development will affect Sydney Water's sewer and water mains, stormwater drains and/or easements. If the development complies with Sydney Water's requirements, the building plans will be stamped, indicating that no further requirements are required.
Approved Temporary Closet
Sydney Water Building Plan Approval
Management of Building Sites – Builder’s Details
Notification of Asbestos Removal
Erosion and Sedimentation Controls
Site Water Management Plan
A copy of the erosion and sediment control plan shall be kept on site at all times during construction and available to Council on request.
Demolition Works and Asbestos Management
Discontinuation of Domestic Waste Services
Tree Protection Fencing
Tree Protection Signage
Mulching within Tree Protection Zone
Certification of supervision must be provided to the certifying authority within 14 days of completion of the excavation work. Root pruning should be avoided, but where necessary all cuts should be clean cuts made with sharp tools such as pruners, loppers, handsaws, chainsaws or specialist root pruning equipment. Where possible, the roots to be pruned should be located and exposed using minimally destructive techniques such as hand digging, compressed air or water jet, or non-destructive techniques.
All root pruning must be done in accordance with Section 9 of Australian Standard 4373-2007 Pruning of Ornamental Trees.
Engagement of a Project Arborist
Any excavation for the installation of drainage, sewerage, irrigation or any other utility or excavation shall not occur within the Tree Protection Area of trees identified for retention without the supervision of a project arborist.
Traffic Control Plan
Roads and Maritime Services Design Approval
Property Condition Report – Public Assets
Stabilised Access Point
These requirements must be in accordance with Managing Urban Stormwater - Soils and Construction produced by the NSW Department of Housing (Blue Book).
Builder and PCA Details Required
Critical Stage Inspections – Engineering Works
Hours of Work
All waste water from car washing must be discharged to the sewer in terms of a suitable trade waste agreement from Sydney Water.
Standard of Works
Critical Stage Inspections – Engineering Works
Roof Water Drainage
Certificate of examination must be submitted to the primary certifying authority at the footing and/or formwork stage. The certificate must indicate the location of the building in relation to all boundaries and must confirm the floor level prior to any work on the building.
Compliance with BASIX Certificate
Compliance with Critical Stage Inspections and Other Inspections Nominated by the Principal Certifying Authority
Final Inspection of Bin Storage Area
Provision of Signage for Bin Store
Landscaping of the site must be carried out prior to the issuance of any Certificate of Occupancy (within each phase, if applicable). The facility must either be certified to be in accordance with the approved plan by an accredited landscape architect or be satisfactory to the Council's head of environment and health. All landscaping must at all times be maintained in accordance with THDCP Part C, Section 3 – Landscaping and the approved landscape plan.
Completion of Engineering Works/ Satisfactory Final Inspection
Engineering Works – Submission Requirements
Provision of Electrical Services
Provision of Telecommunication Services
Final Inspection of Waste Storage Areas
Performance/ Maintenance Security Bond
Confirmation of Pipe Locations
Strata Certificate Application
Section 73 Compliance Certificate
Completion of Engineering Works
Property Condition Report – Public Assets
Consolidation of Allotments
OSD System Certification
Creation of Restrictions/ Positive Covenants
Water Sensitive Urban Design Certification
Certification that the stormwater pump system is constructed in accordance with the approved design and the terms of this consent must be provided by a suitably qualified hydraulic engineer. Certificate of Structural Adequacy from a suitably qualified structural engineer certifying that any structural element of the WSUD system is structurally sound and capable of carrying all loads that may be imposed during their lifetime. If the Council is not a PCA, a copy of the above documentation must be submitted to the Council.
Any lighting on the site must be designed in such a way that it is not a nuisance to other homes in the area or to motorists on nearby roads, and that there is no negative impact on the surrounding area in the event of slight overflow.