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Academic year: 2023



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MEETING OF THE DEVELOPMENT ASSESSMENT UNIT 23 NOVEMBER 2021 MINUTES OF THE MEETING OF THE DEVELOPMENT ASSESSMENT UNIT HELD AT HILLS SHIRE COUNCIL ON TUESDAY 9 NOVEMBER 2021 Minutes of the Development Assessment Unit held on 2 November at the Council meeting on 2 November. A driveway and carport were included in the original development application but were not supported because the garage for the secondary residence could be accessed from one.

In addition to the driveway, it is proposed to modify the porch of the second residence to increase the setback from the front boundary from 7,815m to 8,025m. A retaining wall is proposed along the western side of the driveway to retain mowing and embankment work and landscaping within the front opposing area. Subsequently, amended plans were submitted removing the second ramp and advising that the proposed garage be for use by the residents of the secondary residence and be accessed via the existing ramp and surfacing areas within the site.

If development for the purpose of a secondary dwelling is permitted under this Plan, the total floor area of ​​the dwelling (excluding any area used for parking) shall not exceed the greater of the following:. If development for the purpose of a secondary residence is permitted under this plan on land in a. a) the total floor area of ​​the dwelling, excluding any area used for parking, must not exceed the largest of the following—. The proposal has been assessed against the provisions of The Hills Development Control Plan (THDCP).

Development Consent 1432/2020/HA approved the change of use of the shed to a secondary dwelling and attached garage.

Issues Raised in Submissions

Consequently, the proposal is considered to meet the objective of this article of the DCP and in this case the amendment is supported. Council's engineer has been consulted to ensure that the proposed driveway intersection and the storm water proposed within the curb will not adversely affect the storm water management for the area and the function of the existing roadside embankment. The existing driveway and framework within the site serves the garage, which has been approved for use by the occupants of the secondary dwelling.

The approval of the second ramp will There is no requirement that vehicles access to. The applicant did submit an extensive list of other properties in the vicinity of the premises in question which have two driveways. The approval of this will set a precedent for future applications and could lead to further loss of the rural character of properties within the Hills Shire Council.

The proposed driveway ensures that cars can park in front of the second home. Accordingly, no objection is raised to the proposal under the provisions of section 4.55 of the EP&A Act, 1979.

Internal Referrals

Under the provisions of Section 4.55(1A) of the Spatial Planning and Assessment Act (EP&A) 1979, the Board may, upon application, amend a permit if the development, as amended, is considered to be substantially the same development and with minor environmental impacts. The proposal is essentially the same development as originally approved and has a low impact on the environment. Development is being carried out in accordance with the approved plans and details, stamped and returned with Development Permission 1432/2020/HA, and the following approved plans and details, stamped and returned with this permission, except as modified by other permission terms.

No work (including excavation, pouring or tillage) shall be carried out before the construction certificate has been issued, if a construction certificate is required.';


  • Compliance with SEPP Sydney Region Growth Centres 2006 (i) Permissibility
  • Compliance with the North Kellyville Development Control Plan 2018
  • Issues Raised in the Submission
  • Internal Referrals

STRATEGY: 5.1 The Shire's natural and built environment is well managed through strategic land use and town planning that reflects our values ​​and aspirations. This application did not intensify the development of the site or change its status as a remainder lot, as demolition of the existing dwelling was required. Amendment application 1689/2015/LD/A was approved on 11 July 2016, which amended the consent by amending condition 11 of the consent.

The revised wording of the condition extended the required time frame for the demolition of the existing dwelling to 30 June 2019. Variation application 1689/2015/LD/B was lodged on 27 June 2019 and again sought to modify Condition 11 to extend the required deadline for the demolition of the existing well to 230 June 2019. Council staff advised the applicant that the modification would not be supported.

Amended information was received on 3 September 2021 which addressed all items previously raised with the exception of the partial reconstruction of Stringer Road. Amended information was received on 11 October 2021 advising that the requested additional information will not be provided as the applicant is of the opinion that the proposal does not give rise to the partial reconstruction of Stringer Road. Both dwellings are located entirely within the R2 Low Density Residential zoned part of the site and do not encroach on the E4 Environmental Living zoned land.

Both homes lie entirely within the R2 low-density built-up part of the site and do not encroach on the E4 environmental housing area. The proposal has been assessed against the provisions of the North Kellyville Development Control Plan, particularly taking into account Section 3 – Land Development. The proposal has also been assessed against the provisions of Section 4.3.2 – Dual Occupancy of the North Kellyville Development Control Plan in terms of building location, massing, material and finish and is satisfactory. a) Road hierarchy.

There is no connection between the retention of the dwelling fronting Wattleridge Crescent and the need to build the remaining section of Stringer Road. Both Wattleridge Crescent and Stringer Road were built over the full frontage of the residential part of the site. Notwithstanding any approval of the detached double occupancy, it will of course eventually be demolished to allow the subdivision to proceed.

Development within the area is required to either improve the existing road network or construct new roads in accordance with the DCP for the section of road associated with the site. The proposal has been assessed against the above objectives and the proposal does not meet the objectives of the clause as the reconstruction of Stringer Road is not part of the proposal. Any approval of the proposal must include the provision of footpath, curb and gutter within the Stringer Street frontage.

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 Regional Growth Centres) 2006 and The North Kellyville Precinct Development Control Plan 2018 and is considered unsatisfactory.



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