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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 7 December 2021

T O ST R IV E F O R B E T T ER T H IN G S

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DEVELOPMENT ASSESSMENT UNIT MEETING 7 DECEMBER, 2021

PAGE 2

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 398/2022/LD – A TWO STOREY DWELLING, SWIMMING POOL AND RETAINING WALLS – LOT 2 DP 1261654, NO. 21 MELANIE PLACE, BELLA VISTA

5

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DEVELOPMENT ASSESSMENT UNIT MEETING 7 DECEMBER, 2021

PAGE 3 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 23 NOVEMBER 2021

PRESENT

Cameron McKenzie Group Manager – Development & Compliance (Chair) Ben Hawkins Manager – Subdivision & Development Certification Angelo Berios Manager – Environment & Health

Craig Woods Manager – Regulatory Services Paul Osborne Manager – Development Assessment Nicholas Carlton Manager – Forward Planning

Kristine McKenzie Principal Coordinator – Development Assessment APOLOGIES

NIL

CIRCULATED ELECTRONICALLY

ITEM-1 CONFIRMATION OF MINUTES RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 9 November 2021 be confirmed.

ITEM-2 DA 1432/2020/HA/A - SECTION 4.55 (1A) MODIFICATION TO THE APPROVED CONVERSION OF AN EXISTING SHED TO A SECONDARY DWELLING AND GARAGE– LOT 19 DP 244450, NO. 4 EVERETT PLACE ANNANGROVE

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 was approved subject to the conditions outlined in the report.

REASONS FOR THE DECISION

Section 4.15 (1A) (EP&A Act) – Satisfactory.

The Hills LEP 2019 – Satisfactory.

DCP Part B Section 1 – Rural – Satisfactory.

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION Notification letters were issued to adjoining properties over 14 days. Two submissions were received. The issues raised in the submissions were addressed in the report.

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DEVELOPMENT ASSESSMENT UNIT MEETING 7 DECEMBER, 2021

PAGE 4 ITEM-3 DA 140/2022/HA - RETENTION OF AN EXISTING DWELLING TO CREATE A DETACHED DUAL OCCUPANCY – LOT 10 DP 1190836, NO. 1 WATTLERIDGE CRESCENT NORTH KELLYVILLE

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 was refused.

REASONS FOR THE DECISION

Section 4.15 (EP&A Act) – Unsatisfactory.

SEPP Growth Centres – Unsatisfactory.

North Kellyville Development Control Plan 2018 - Unsatisfactory.

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION Notification letters were issued to adjoining properties over 14 days. One submission was received. The issues raised in the submissions were addressed in the report.

NOTE

The applicant requested that this matter be deferred. This request was tabled and considered by the Panel.

END MINUTES

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DEVELOPMENT ASSESSMENT UNIT MEETING 7 DECEMBER, 2021

PAGE 5 ITEM-2 DA 398/2022/LD – A TWO STOREY DWELLING,

SWIMMING POOL AND RETAINING WALLS – LOT 2 DP 1261654, NO. 21 MELANIE PLACE, BELLA VISTA

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: 7 DECEMBER 2021

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: PRINCIPAL CO-ORDINATOR

STUART WHALE

RESPONSIBLE OFFICER: PRINCIPAL CO-ORDINATOR KRISTINE MCKENZIE

Applicant Aakar Architects Pty Ltd Notification 14 days

Number Advised Eight Number of Submissions Three

Zoning R2 Low Density Residential

Site Area 755.6m2

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

matters Section 4.15 (EP&A Act) – Satisfactory.

LEP 2019 – Satisfactory.

SEPP BASIX – Satisfactory.

DCP Part B Section 2 – Residential – Variation, see report.

Section 7.12 Contribution: $7,920.00.

Political Donation None Disclosed.

Reasons for Referral to DAU 1. Variation to DCP.

2. Submissions received.

Recommendation Approval subject to conditions.

EXECUTIVE SUMMARY

The Development Application is for the construction of a two storey dwelling, inground swimming pool and retaining walls.

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DEVELOPMENT ASSESSMENT UNIT MEETING 7 DECEMBER, 2021

PAGE 6 The proposed development complies with DCP Part B Section 2 – Residential with the exception of a variation with respect to the boundary setbacks for the upper level of the dwelling given the battle-axe nature of the site. Setbacks for battle-axe lots require the upper levels to have a setback of 6 metres to side/rear boundaries for three sides of the building.

The proposal is for upper level setbacks of 12.28 metres, 4.0 metres, 5.04 metres and 900mm.

The application was notified to adjoining property owners and three submissions were received. The issues raised relate to tree removal and potential impacts to the existing private Right of Carriageway (ROW) with respect to damage, parking, blocking of the ROW, rubbish and material storage. The trees proposed for removal have been considered by Council’s Tree Management Officer with conditions of consent provided. With respect to the Right of Carriageway, a condition has been imposed with respect to the parking/blocking of the ROW during construction to ensure that vehicle access remains available.

The application is recommended for approval subject to conditions.

BACKGROUND

The subject Development Application was lodged on 7 September 2021.

On 30 September 2021 a letter requesting additional information was sent to the applicant advising of design matters to be addressed.

On 14 October 2021 amended plans and details were received.

PROPOSAL

The Development Application is for the construction of a two storey dwelling, inground swimming pool and retaining walls on a vacant allotment.

The proposed building consists of two levels with the lower level being of a split level design to cater for the site fall. The proposed dwelling remains under the maximum LEP height limit of 9 metres, with a maximum height of 8.7 metres proposed.

The subject allotment is a battle-axe allotment with access provided by a private Right of Carriageway (ROW).

The ground floor consists of a double garage, gym, media room, kitchen, dining room bathroom, family room, bedroom, ensuite, home office room, laundry and pooja (prayer) room.

The first floor level will contain bedrooms, a study, rumpus room and bathrooms/ensuites, with a wrap-around front balcony. A void area above the pooja room and family room are also proposed on the upper level.

The dwelling is split level in design, stepping down 720mm from the front of the dwelling to the rear of the dwelling to cater for the landfall. The site is serviced by an inter-allotment drainage easement for stormwater disposal and requires an on-site stormwater detention system to be constructed for the dwelling.

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DEVELOPMENT ASSESSMENT UNIT MEETING 7 DECEMBER, 2021

PAGE 7 ISSUES FOR CONSIDERATION

1. Compliance with Local Environmental Plan 2019 (i) Permissibility

The land is zoned R2 Low Density Residential under Local Environmental Plan 2019. The proposed dwelling, swimming pool, and retaining walls form development defined as a

“dwelling house” as follows:

“dwelling house means a building containing only one dwelling.”

A “dwelling house” is a permissible form of development on land zoned R2 Low Density Residential under The Hills LEP 2019 subject to consent granted by Council.

(ii) Compliance with LEP 2019 – Zone Objectives

The site is zoned R2 Low Density Residential under the provisions of Local Environmental Plan 2019. The objectives of the zone are:

• To provide for the housing needs of the community within a low density residential environment.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

• To maintain the existing low density residential character of the area.

The proposal is considered to be consistent with the stated objectives of the zone, in that the proposal will provide for the housing needs of the community within a low density residential environment and maintains the existing low density residential character of the area.

(iii) LEP 2019 - Development Standards

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

CLAUSE REQUIRED PROVIDED COMPLIES

4.1 Allotment Size 700sqm 755.6sqm - existing N/A 4.3 Building Height Maximum 9 metres 8.7 metres Yes

2. Compliance with The Hills Development Control Plan

The proposal has been assessed against the provisions of Part B Section 2 – Residential. The proposed development achieves compliance with the relevant requirements of the above Development Controls with the exception of the following:

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DEVELOPMENT ASSESSMENT UNIT MEETING 7 DECEMBER, 2021

PAGE 8 DEVELOPMENT

CONTROL DCP

REQUIREMENTS PROPOSED

DEVELOPMENT COMPLIANCE Clause 2.14.1

Dwellings – Building Setbacks.

For battle-axe allotments dwellings shall be set back a minimum distance to three sides only of the lot of 4m for the single storey element and 6m for the 2 and 3 storey elements.

The ground floor level of the dwelling has setbacks of 4 metres or more for 3 sides for the western, northern and eastern boundaries and is compliant.

The upper floor level of the dwelling has setbacks of 12.28 metres for the western (rear) side, 4.0 metres for the northern side at the closest point, 5.04 metres for the

eastern (front) elevation from roof feature/blade wall that projects out from the balcony, and 900mm for the southern side.

No, however the proposed setbacks will not

unreasonably impact on amenity of adjoining properties.

a) Dwellings – Building Setbacks

Clause 2.14.1 of The Hills Development Control Plan requires that the setbacks for dwellings located on battle-axe allotments be a minimum of 4 metres to three sides of the building to the relevant boundary for the lower level and 6 metres to three sides of the building for any upper levels.

The proposed dwelling complies with the required lower level setbacks. In regard to the upper floor the proposal achieves a minimum 6 metre setback to one side for the upper level for the western (rear) side with a setback of 12.28 metres. The other setbacks for the upper level are 4 metres at the closest point for the northern side, 5.04 metres at the closest point for the eastern side and 900mm for the southern side.

Attachment 5 details the extent of the upper floor level encroachments in this respect where the blue dotted line indicates a 4 metre setback and the pink dotted line indicates a 6 metre setback.

The applicant has provided the following justification for the variation.

The proposed development has been designed to provide a 900mm setback at one side boundary and the three remaining boundaries have been designed to provide a 4 metre setback for the ground floor. With respect to the upper level, the setbacks mostly comply except for a small portion of the first floor on northern side and eastern side.

The proposed variation to the setbacks is purely to maintain a high standard of Architectural form to the northern and eastern façades. For the northern side, the encroachment for the two

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DEVELOPMENT ASSESSMENT UNIT MEETING 7 DECEMBER, 2021

PAGE 9 storey void area, balcony and bedroom will not impact on the neighbour’s privacy; neither will it create any overshadowing issue. For the front façade, the design proposes articulation with a wrap-around balcony feature which is compliant; however the roof feature and blade wall architectural element causes a minor encroachment. From a streetscape perspective, the design would meet the minimum setback requirements for front setbacks on typical building allotments in the area.

The proposed development complies with all other controls of the DCP, and the minor setback non-compliances do not create any adverse impact to the adjoining properties, overshadowing, and the established character of the area or to the streetscape.

Comment:

The relevant objectives of this clause of the DCP are:

OBJECTIVES

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 established 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.

For the northern elevation, the design contains articulation and the majority of the upper level setback complies except for part of the wrap-around balcony, a void area above the lower level pooja room, a small portion of bedroom 2 and a small area of a void area above the lower level family room.

For the eastern elevation (front), a minor encroachment is proposed for the roof feature and blade wall projection in front of the upper level balcony. This architectural feature provides interest and articulation to the front façade, and could be considered similar to a protruding eave-line on a typical dwelling.

The dwelling design will not impact on the public streetscape given the property is a battle-axe allotment accessed via a private Right of Carriageway.

The proposed landscape screening along the western, northern and eastern boundary (in part) will further screen the building from view and increase privacy and amenity to the adjoining properties to the west and north. Attachment 7 details the proposed landscape plan.

In light of the above, the design of the proposed minor variation to the dwelling single storey front entry feature satisfactorily addresses the objectives and does not result in any adverse impact to the streetscape or character of the area. Nor does it give rise to any adverse amenity impacts upon neighbouring properties.

The proposed design, whilst not strictly meeting the numerical setback requirement is considered to meet the DCP objectives with respect to setbacks.

3. Issues Raised in Submissions

The proposal was notified for 14 days and three submissions were received. The issues raised in the submissions are summarised below.

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DEVELOPMENT ASSESSMENT UNIT MEETING 7 DECEMBER, 2021

PAGE 10

ISSUE/OBJECTION COMMENT

Trees within the site should be retained

instead of being removed. There are three trees located on the site. Two pear trees are located at the front of the site near the front property boundary, one of which is located within the proposed driveway location and one Liquidambar tree is located within the building platform area. Council’s Tree Management Officer has reviewed the plans and arborist report and has no objection to the removal of the three trees as they will all be impacted by the proposed works.

Conditions have been recommended requiring suitable replacement trees as per the submitted landscape plan (see Conditions 10 and 11).

Dilapidation report required for private Right of Carriageway (ROW) in case of damage.

This is a civil matter as the road is privately owned. Maintenance/repair to the private road is outlined in the applicable 88B instrument.

Dilapidation reports have not been imposed on other development for the other allotments accessed via the ROW, including those of the objector’s properties, and it would be inconsistent to require a dilapidation report for the subject development.

Concern regarding trucks blocking access

into adjoining properties on the ROW. This is a civil matter as the road is privately owned. Maintenance/repair to the private road is outlined in the applicable 88B instrument. A condition has been recommended requiring no parking/stopping of construction vehicles or vehicles associated with the proposed works in the right of carriageway during construction (See Condition 38).

Parking of vehicles on the ROW. This is a civil matter as the road is privately owned. Maintenance/repair to the private road is outlined in the applicable 88B instrument. A condition has been recommended requiring no parking/stopping of construction vehicles or vehicles associated with the proposed works in the right of carriageway during construction (See Condition 38).

Storage of materials/rubbish on the ROW. This is a civil matter as the road is privately owned. Maintenance/repair to the private road is outlined in the applicable 88B instrument.

Concrete trucks are not to be cleaned or

washed on the ROW. This is a civil matter as the road is privately owned. Maintenance/repair to the private road is outlined in the applicable 88B instrument.

24-hour notice is required if ROW is to be

blocked. This is a civil matter as the road is privately

owned. Maintenance/repair to the private road is outlined in the applicable 88B instrument.

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DEVELOPMENT ASSESSMENT UNIT MEETING 7 DECEMBER, 2021

PAGE 11 5. Internal Referrals

The application was referred to following sections of Council:

• Subdivision and Development Certification (On-site Stormwater Detention required)

• Forward Planning - Section 7.12 (Contributions)

• Environment and Health – (Tree Management Officer) 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, The Hills Local Environmental Plan 2019 and The Hills Development Control Plan 2012 and is considered satisfactory.

The variation to the Dwelling Design (setbacks) under the DCP 2012 has been considered and addressed in the report, and will not adversely impact on the environmental amenity of the locality.

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:

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.

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DEVELOPMENT ASSESSMENT UNIT MEETING 7 DECEMBER, 2021

PAGE 12 REFERENCED PLANS AND DOCUMENTS

PROJECT NO DESCRIPTION SHEET REVISION DATE

2069 Cover Sheet A000 B 11.10.2021

2069 BASIX Commitments A001 B 11.10.2021

2069 Site Plan A002 B 11.10.2021

2069 Ground Floor Plan A100 B 11.10.2021

2069 First Floor Plan A101 A 30.08.2021

2069 Roof Plan A102 B 11.10.2021

2069 Section Plans A200 A 30.08.2021

2069 Section Plans A201 A 30.08.2021

2069 Elevations A300 A 30.08.2021

2069 Elevations A301 B 11.10.2021

2069 3D Views A400 A 30.08.2021

2069 3D Views A401 A 30.08.2021

2069 External Finishes / Colour

Schedule A402 A 30.08.2021

2069 Door and Window

Schedule A403 B 11.10.2021

2069 Shadow Diagram A404 A 30.08.2021

2069 Area Calculation A501 B 11.10.2021

21193 Landscape Concept Plan 1 A 23.08.2021

S0 Stormwater – General

Notes S0 C 31.08.2021

S1 Sediment Control Plan S1 C 31.08.2021

S2 Lower & Ground Floor

Drainage Plans S2 C 31.08.2021

S3 First Floor and Roof

Drainage Plans S3 C 31.08.2021

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. 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 a Registered Certifier.

Plans submitted with the Construction Certificate are to be amended to incorporate the conditions of the Development Consent.

3. 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.

4. Adherence to Waste Management Plan

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DEVELOPMENT ASSESSMENT UNIT MEETING 7 DECEMBER, 2021

PAGE 13 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.

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.

5. 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.

6. 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.

7. Provision of Domestic Waste Storage Area(s)

A bin storage area sized for a minimum of 3 x 240 litre bins must be provided within the lot boundaries. Two areas are required where there is a secondary dwelling. The area(s) must be screened from view from public land and neighbouring residential property and are to be located behind the building line in the rear courtyard, side access path or a dedicated area in the garage. A flat or ramped bin transfer path must be provided leading directly from the bin storage area(s) to the approved bin collection point along the kerbside. The path must have a minimum clear floor width of 820mm, must not exceed a grade of 7% (1:14), be free of steps and must be external to the dwelling (excludes garage). An associated clear nature strip length of 1.66m must be dedicated along the kerbside for each dwelling for bin presentation.

The dimensions of a 240 litre bin are 735mm deep, 580mm wide and 1080mm high.

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DEVELOPMENT ASSESSMENT UNIT MEETING 7 DECEMBER, 2021

PAGE 14 8. Restriction on Building Use

The site is not to be used or converted for use for separate habitation, dual occupancy, commercial or industrial purposes.

9. Surface Drainage

Stormwater, surface water or seepage from the development shall be collected by a subsurface/surface drainage system which is to be connected to a suitable system of disposal.

The development, either during construction or upon completion, must not impede or divert natural surface water and the system of drainage must not cause a nuisance to adjoining properties.

10. Tree Removal

Approval is granted for the removal of three (3) trees located within the subject Site as shown on the amended Site Plan prepared by AAKAR Architects, Issue B – Date 11-10-21.

All other trees are to remain and are to be protected during all works. Suitable replacement trees are to be planted upon completion of construction.

11. Planting Requirements

All trees planted as part of the approved landscape plan are to be minimum 75 litre pot size.

All shrubs planted as part of the approved landscape plan are to be minimum 200mm pot size.

Groundcovers are to be planted at 5/m2.

12. Retention & Protection of Trees and Vegetation within the adjoining Sites

All trees & vegetation within the adjoining Sites identified on the approved plans must be retained and protected during all works strictly in accordance with AS4970- 2009 Protection of Trees on Development Sites and/or as per directed by an suitably qualified AQF Level 5 Arborist. Note: Any variations to the Standards are to be documented and certified by the Project Arborist.

13. External Finishes

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

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 14. 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 $7,920.00 shall be paid to Council.

This amount is to be adjusted at the time of the actual payment in accordance with the provisions of the Hills Section 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%

15. Stormwater Management – Upper Parramatta River Catchment Area

Onsite Stormwater Detention (OSD) is required in accordance with Council’s adopted policy for the Upper Parramatta River catchment area, the Upper Parramatta River Catchment Trust OSD Handbook.

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DEVELOPMENT ASSESSMENT UNIT MEETING 7 DECEMBER, 2021

PAGE 15 The stormwater concept plan prepared by PYRAMID ENGINEERING CONSULTANTS Drawing S4 Revision C dated 31.08.2021 is for development application purposes only and is not to be used for construction. The detailed design must reflect the stormwater concept plan.

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

• Design/ construction plans prepared by a hydraulic engineer.

• A completed OSD Drainage Design Summary Sheet.

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

• A completed OSD Detailed Design Checklist.

• A maintenance schedule.

PRIOR TO WORK COMMENCING ON THE SITE

16. 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.

17. 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.

18. Consultation with Service Authorities

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

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

19. Approved Temporary Closet

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DEVELOPMENT ASSESSMENT UNIT MEETING 7 DECEMBER, 2021

PAGE 16 An approved temporary closet connected to the sewers of Sydney Water, or alternatively an approved chemical closet is to be provided on the land, prior to building operations being commenced.

20. Erosion and Sedimentation Controls

Erosion and sedimentation controls shall be in place prior to the commencement of site works;

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

21. Stabilised Access Point

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

22. Sydney Water Building Plan Approval

A building plan approval must be obtained from Sydney Water Tap in™ to ensure that the approved development will not impact Sydney Water infrastructure.

A copy of the building plan approval 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.

23. Separate OSD Detailed Design Approval

No work is to commence until a detailed design for the Onsite Stormwater Detention system has been approved by either Council or an accredited certifier.

24. Trenching and Excavation within Tree Protection Zone

Any trenching and excavation for installation of drainage, sewerage, irrigation or any other services, and/or for construction of any ancillary structures shall not occur within the Tree Protection Zone of trees located within the adjoining properties unless under supervision and certification of a AQF Level 5 Project Arborist.

Certification of supervision by a Project Arborist must be provided to the Certifying Authority within 14 days of completion of trenching works.

Root pruning should be avoided, however where necessary, all cuts shall be clean cuts made with sharp tools such as secateurs, pruners, handsaws, chainsaws or specialised root pruning equipment. Where possible, the roots to be pruned should be located and exposed using minimally destructive techniques such as hand-digging, compressed air or water-jetting, or non-destructive techniques. No roots larger than 40mm diameter to be cut without Arborist advice and supervision. All root pruning must be done in accordance with Section 9 of Australia Standard 4373-2007 Pruning of Amenity Trees.

DURING CONSTRUCTION 25. 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.

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DEVELOPMENT ASSESSMENT UNIT MEETING 7 DECEMBER, 2021

PAGE 17 The builder/contractor shall be responsible to instruct and control sub-contractors regarding the hours of work.

26. 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.

27. 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.

28. 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.

1235348S_02 is to be complied with. Any subsequent version of this BASIX Certificate will supersede all previous versions of the certificate.

29. 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.

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 a registered certifier.

30. 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.

31. Filtration Motor Noise

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

32. Pool Discharge Water

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

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

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DEVELOPMENT ASSESSMENT UNIT MEETING 7 DECEMBER, 2021

PAGE 18 The pool excavation is not to conflict with the position of household drainage trenches or lines, the position of which must be ascertained before pool excavation commences.

33. Pool not to be Filled Until Occupation

The pool is not to be filled with water until the dwelling is occupied or an appropriate restriction of access which meets the requirements of the Swimming Pools Act 1992 and the Swimming Pools Regulation 2018 has been provided to the pool.

34. Temporary Fencing of Pools

This condition applies to unoccupied land.

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

The fence provided is to be 1.8m high and to no less a standard than correctly joined and secured, temporary fence panels or chainmesh. The fence is to remain in place until the site (dwelling) has been approved for occupation or an appropriate restriction of access which meets the requirements of the Swimming Pools Act 1992 and the Swimming Pools Regulation 2018 has been provided to the pool.

35. Swimming Pool Safety Fencing

All pools and safety barriers are to comply with the Swimming Pools Act 1992 and the Swimming Pools Regulation 2018. A fact sheet titled Swimming Pool Fencing Requirements is available from www.thehills.nsw.gov.au.

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

36. Resuscitation Warning Notice

In accordance with the Swimming Pools Regulation 2018, a Warning Notice is to be displayed in a prominent position, in the immediate vicinity of the swimming pool. The notice is to contain a diagrammatic flow chart of resuscitation techniques, the words:

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

and

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

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

and all other details required by the Regulation.

37. Warning Notice Whilst Pool Under Construction

In accordance with the Part 3 Clause 10 (3) of the Swimming Pools Regulation 2018, the occupier of any premises in or on which a swimming pool (not including a spa pool) is being constructed must ensure that a sign is erected and maintained that:

a) bears a notice containing the words “This swimming pool is not to be occupied or used”, and

b) is located in a prominent position in the immediate vicinity of that swimming pool, and c) continues to be erected and maintained until a relevant occupation certificate or a

certificate of compliance has been issued for that swimming pool.

38. Parking During Construction

No parking/stopping of construction vehicles or vehicles associated with the proposed works is permitted within the right of carriageway.

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PAGE 19 PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE

39. Registration of Swimming Pool/Spa

Prior to issue of an Occupation Certificate for the swimming pool/spa, it is to be registered on the NSW state register of swimming pools and spas. To register the swimming pool/spa you are to log onto www.swimmingpoolregister.nsw.gov.au and follow the prompts. A copy of the registration certificate is to be submitted to the Principal Certifier to confirm the registration.

40. 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.

41. 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.

42. 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.

ATTACHMENTS 1. Locality Plan 2. Aerial Photograph 3. Site Plan

4. Elevations

5. Upper Level Setback Plan 6. Shadow Diagrams

7. Landscape Plan 8. 3D Montages

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PAGE 20 ATTACHMENT 1 – LOCALITY PLAN

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PAGE 21 ATTACHMENT 2 – AERIAL PHOTOGRAPH

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PAGE 22 ATTACHMENT 3 – SITE PLAN

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PAGE 23 ATTACHMENT 4 – ELEVATIONS

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PAGE 24 ATTACHMENT 5 – UPPER LEVEL SETBACK PLAN

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PAGE 25 ATTACHMENT 6 – SHADOW DIAGRAMS

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PAGE 26 ATTACHMENT 7 – LANDSCAPE PLAN

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PAGE 27 ATTACHMENT 8 – 3D MONTAGES

References

Related documents

Ordinary Meeting of Council 14 April 2021 Page 6 RECOMMENDATION That the Council resolve to: 1 Approve the Extension of Time to the term of Development Approval for Additions to

Compliance with The Hills Development Control Plan 2012 The proposal has been assessed against the provisions of The Hills Development Control Plan THDCP particularly:-  Part B