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Academic year: 2023



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Minutes of the Board meeting of the Development Assessment Department of May 25, 2021 are confirmed. The development application includes variations from the Box Hill Growth Center Precincts Development Control Plan regarding the maximum length of secondary boundary fences for any of the residences and the maximum allowable felling and embankment. The remediation of the contamination was carried out as part of the overlying allotment work to make the location suitable for living.

The applicant was requested to correct the inconsistencies and provide justification for the northerly orientation of the plots. The submitted landscape plan was insufficient and had to be amended to meet the requirements of the DCP. After reviewing the information submitted, the applicant was asked to make further changes to the apartment plan to address the PPOS and fence issues.

Despite section 4.1A, subsection 3, planning permission may be granted for the construction of a residential building on land to which this point applies, if—. a) the lot originates from a subdivision for which planning permission has been granted in accordance with clause 4.1AA and the licensing authority, in determining the application for the construction of the dwelling, takes into account any information which it has taken into account for this purpose. clause in determining the development application for that subdivision, or. (b) the development application is a single development application for development consisting of both of the following —. i) subdivision of land into 2 or more lots. ii) the construction of the residential house on one of the plots resulting from the subdivision. The proposed development therefore complies with the minimum lot size set out in clause 4.1AC of the SEPP. The area in question will be affected by the replacement of the minimum density provision with a density band.

The residential density created by the proposed development is therefore consistent with the proposed density bands and the provisions of the draft SEPP.

4. Box Hill Growth Centre Precincts Development Control Plan


Box Hill where lot orientation restricts suitable locations for a PPOS due to the shadowing

Issues Raised in Submissions

Concerns were raised in relation to the maximum permitted height of buildings and land conditions. The proposed development is subject to the maximum building height control set out in section 4.3 of the SEPP. According to the DCP, lots with a facade greater than or equal to 9m and less than or equal to 15m must have a ground floor level of no more than 60% of the ground area and an upper floor level of no more than 40% of the site area.

The architectural plans submitted with the application include balconies at the rear of both proposed homes. As part of Council staff's review of the application, concerns were raised about the balconies and the privacy impact they could cause. In the meantime, the architectural plans have been adjusted to remove the balconies at the rear and side of the proposed house B, so that there is no longer any privacy.

The proposed balcony located at the rear of Dwelling A has been scaled back and is unlikely to affect privacy as it does not overlook neighboring properties. Concerns were raised that the proposed development would affect the shading of neighboring properties and reduce access of sunlight to neighboring properties. The orientation of the parent lot and neighboring lots will inevitably cause some shading issues, regardless of whether one or two dwellings have been proposed on the site.

Regardless, shadow diagrams were submitted as part of the application to show that neighboring properties will still maintain at least three hours of solar access as specified in the DCP. In addition, ornamental fencing and brick cladding have been incorporated into the proposed development to enhance the street appearance of the dwelling. Concerns have been raised that the proposed dwelling on Lot B will be built to the lot boundary (lot zero line) and will cause privacy and overshadowing impacts.

As part of Council staff review of the application, the applicant was instructed to provide a 900mm setback and remove the balcony on the side of residence B. The recommended permissions lists several windows that need to be resized or modified to highlight windows that are believed to have privacy impacts as a result of the suggested windows. The proposed lots benefit from the easement and are further responsible for any maintenance if damage or blockage occurs.

Internal Referrals

A condition of consent was imposed requiring one Magnolia grandiflora (Little Gem Magnolia) to be planted in the south-west corner of site B and along the southern boundary of site A. All other proposed shrubs/trees in these locations must be removed as per condition of consent.

No objection was raised to the proposed development subject to conditions as

2003-01 East/ South

Subdivision Certificate Preliminary Review

Process for Council Endorsement of Legal Documentation

External Finishes

Management of Construction and/ or Demolition Waste

Disposal of Surplus Excavated Material

Commencement of Domestic Waste Service

Provision of Kitchen Waste Storage Cupboard

9. Provision of Domestic Waste Storage Area(s)

Construction Certificate

Building Work to be in Accordance with BCA

Subdivision Works (Inter-allotment Drainage Works) Approval

Protection of Public Infrastructure

Minor Engineering Works

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

Vehicular Crossing Request

Planting Requirements

Western Sydney Growth Areas – Payment of Special Infrastructure Contribution A special infrastructure contribution is to be made in accordance with the Environmental

Fencing within Easement for Padmount Substation

BASIX Certificate

Section 7.11 Contribution

The contributions above are applicable at the time this consent was issued. Please be aware

  • Security Bond Requirements
  • Security Bond – Road Pavement and Public Asset Protection
  • Erosion and Sediment Control Plan
  • Engineering Works
  • Construction Waste Management Plan Required

The design and construction of the engineering works listed below must be provided in accordance with the Council's Subdivisions/Developments Planning Guidelines and Subdivisions/Developments Works Specifications. Depending on the type of development and the nature and location of the work, the type of certificate or approval required varies. An application form covering these certificates or approvals is available on the Council's website and the application fees payable are included in the Council's Schedule of Fees and Charges.

The draft engineering plan prepared by Karai Consulting Engineers Revision 2 is for development application purposes only and should not be used for construction. The design and construction of the engineering works listed below must reflect the draft engineering plan and the conditions of consent. a) Earthworks/ Site regrading. Earthworks and retaining walls are limited to those locations and elevations drawn up on the approved plan by Corsten Revision 2 dated.

Where earthworks are not shown on the approved plan, the surface of the land within the lots shall not be disturbed. Retaining walls between sections shall be located on the upper side section being supported, except where easements are needed for support on the lower side of the adjacent section. A storm water drainage pipe supply shall be provided for the entire area of ​​each lot.

Each batch should be graded evenly to the lowest point where an inlet pit with grid surface is to be fitted. Builder's name, address, telephone and fax numbers must be submitted to the Lead Certifier before construction work begins. If the Board is not the Lead Certifier, the Board must be notified in writing to the Lead Certifier in accordance with the Regulations two days prior to construction work commencing.

A waste management plan for the construction phases of the development must be submitted and approved by the Chief Approval Authority prior to commencement of work. The plan must comply with the waste reduction requirements of the relevant development control plan. All requirements of the approved plan must be implemented during the construction and/or demolition phase of the facility.

27. Property Condition Report – Public Assets

Erosion and Sediment Control

Critical Stage Inspections/ Inspections Nominated by the Principal Certifier

Hours of Work

Critical Stage Inspections – Subdivision Works (Inter-allotment Drainage)

Working Hours

Standard of Works

When submitted, the Subdivision Certificate application must include

Building Adjacent to Proposed Boundary

Building Services

Satisfactory Final Inspection

Property Condition Report – Public Assets

Completion of Engineering Works

Completion of Subdivision Works/ Satisfactory Final Inspection

Subdivision Works – Submission Requirements

Section 73 Compliance Certificate

43. Provision of Telecommunication Services

  • Provision of Electrical Services
  • Confirmation of Pipe Locations
  • Landscaping Prior to Issue of any Occupation Certificate
  • Final Plan and Section 88B Instrument
  • Waste and Recycling Management

Upon completion of all subdivision works a site/lot classification report prepared by a geotechnical engineer must be prepared and submitted, confirming that all residential lots comply with AS 2870 and are suitable for development. The report shall be accompanied by a table summarizing the classification of all lots created as part of the subdivision. To ensure adequate storage and collection of waste from the occupation of the premises, all waste and recyclable materials leaving the premises must be stored in designated waste disposal areas, which must include provisions for the storage of all waste created in the premises between the collections.

Arrangements must be made in all areas of the development for the separation of recyclable materials from waste. All waste depots must be screened from view from any adjacent residential property or public place. Waste storage area(s) must be kept clean and tidy, bins must be washed regularly and contaminants must be removed from bins prior to any collection.
















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ORDINARY MEETING OF COUNCIL 28 SEPTEMBER, 2021 LOCAL PLANNING PANEL MEETING 18 AUGUST, 2021 THE HILLS SHIRE PAGE 399 Figure 3 Proposed development concept, 21-23 Lexington