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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 08 December 2020

T O S T R I V E F O R B E T T E R T H IN G S

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 289/2020/HA - DEMOLITION OF EXISTING

DWELLING AND CONSTRUCTION OF A CHILD CARE CENTRE – LOT A DP 403923, 22 CORONATION ROAD, BAULKHAM HILLS

5

ITEM-3 DA 1012/2020/ZB - LOT 701 DP 882566, 11 MELISSA PLACE, WEST PENNANT HILLS - INFILL SUBDIVISION CREATING THREE RESIDENTIAL LOTS INCLUDING DEMOLITION

56

ITEM-4 DA 83/2021/LA - A SWIMMING POOL AND RETAINING WALLS - LOT 1 SP 48475, 44 GILBERT ROAD

GLENHAVEN

102

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 3 ITEM-1 CONFIRMATION OF MINUTES

MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 24 NOVEMBER 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

Megan Munari Principal Coordinator- Forward Planning, Shire Strategy Transformation & Solutions

Kristine McKenzie Principal Executive Planner APOLOGIES:

Nicholas Carlton Manager – Forward Planning TIME OF COMMENCEMENT:

8:30 am

TIME OF COMPLETION:

8:47 am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 17 November 2020 to be confirmed.

ITEM 2: DA 984/2020/HA - ALTERATIONS TO THE EXISTING WISEMANS RETREAT HOTEL AND GOLF COURSE INCLUDING CONSTRUCTION OF A WAVE POOL - LOT 1 DP 1167388, RETREAT AND GOLF CLUB, NO. 5564 OLD NORTHERN ROAD WISEMANS FERRY

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 application is recommended for approval subject to a deferred commencement condition to address inter-allotment drainage requirements and operational conditions as outlined in the report with an additional condition to read as follows:

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 4 66a 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.

REASONS FOR THE DECISION

Section 4.15 (EP&A Act) – Satisfactory.

Environmental Planning and Assessment Regulation 2000 – Satisfactory.

The Hills LEP 2012 – Satisfactory.

State Environmental Planning Policy (Costal Management) 2018 - Satisfactory State Environmental Planning Policy No 55—Remediation of Land – Satisfactory.

Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997) - Satisfactory

DCP Part C Section 1 – Parking – Satisfactory DCP Part C Section 3 – Landscaping - Satisfactory DCP Part C Section 4 – Heritage - Satisfactory

DCP Part C Section 6 – Flood Controlled Land - Satisfactory

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The application was notified and objections from three properties were received following the notification period. In addition, four submissions were received in support of the proposal with two petitions also received with a total of 41 signatures in support of the development.

The issues raised in the submissions were addressed in the report.

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 5 ITEM-2 DA 289/2020/HA - DEMOLITION OF EXISTING

DWELLING AND CONSTRUCTION OF A CHILD CARE CENTRE – LOT A DP 403923, 22 CORONATION ROAD, BAULKHAM HILLS

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: 8 DECEMBER 2020

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR TOWN PLANNER

EAMON MURPHY

RESPONSIBLE OFFICER: MANAGER – DEVELOPMENT ASSESSMENT PAUL OSBORNE

Applicant HJQ Group Pty Ltd

Owner Zhenhui Chang (HJG Group Pty Ltd).

Notification 14 days

Number Advised 28

Number of Submissions 6

Zoning R2 Low Density Residential

Site Area 908.01m2

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

Section 4.15 (EP&A Act) – Unsatisfactory.

The Hills LEP 2019 – Unsatisfactory.

SEPP (Educational Establishments and Child Care Facilities) 2017 – Unsatisfactory

State Environmental Planning Policy No 55—Remediation of Land – Satisfactory

DCP 2012 Part B Section 6 – Business – Unsatisfactory DCP 2012 Part C Section 1 – Parking – Unsatisfactory DCP 2012 Part B Section 2 – Residential – Unsatisfactory DCP 2012 Part C Section 3 – Landscaping - Unsatisfactory Section 7.12 Contribution: $7,711.00

Political Donation None Disclosed

Reason for Referral to DAU 1. Recommended for refusal Recommendation Refusal

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 6 EXECUTIVE SUMMARY

The Development Application is for the demolition of an existing single storey dwelling, and the construction of a single storey centre-based child care centre for 34 children with associated at-grade parking. The application is lodged pursuant to the provisions of the State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017.

The subject site is a corner lot on Coronation Road with a site area of 908m2 and is located on land zoned R2 Low Density Residential under The Hills Local Environmental Plan 2019.

The proposed centre-based child care centre is permissible with consent in the R2 zone.

Access to the car park is proposed via the north-eastern end of Coronation Road which will comprise a total of 11 parking spaces including 5 staff parking spaces and 6 parent/visitor parking spaces. The proposed hours of operation are 7:00am to 6:00pm, Monday to Friday.

No signage is proposed under this application and any signage will be subject to a separate approval.

The Development Application has been assessed against the relevant requirements of the State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 and is considered unsatisfactory. The proposal does not meet the relevant provisions of the SEPP’s Child Care Planning Guideline with respect to site suitability due to the size and scale of development, compatibility with the character of adjoining and surrounding residential uses and streetscape, landscaping and parking impacts.

The SEPP generally provides that Development Control Plans seeking to regulate development for a child care facility will not apply, except for controls relating to building height, rear and side setbacks and car parking rates. In this particular instance, the proposed development does not comply with Council’s Development Control Plan 2012 in terms of car parking rates; 11 spaces are required and 11 spaces have been provided however the proposed parking has numerous non-compliances with the Australian Standards

AS2890.1:2004, is not set back the required 5 metres from the front boundary and does not provide the required landscaping for car parking areas.

In addition, the proposed development also seeks a variation to the DCP for landscaping coverage requirements, parking requirements; front setbacks and location of the external play area.

In addition several significant matters, including engineering, landscaping, waste, parking and planning issues remain outstanding and have not been adequately addressed by the applicant. The applicant has formally advised that they will not be submitting further

information to address these outstanding matters. Insufficient information has been provided and as such a thorough assessment of the application cannot be completed.

Six (6) submissions were received during the notification period. The issues raised in the submissions relate to traffic congestion, parking, pedestrian safety, inappropriate and

dangerous location, property devaluation, streetscape and character, construction noise and dust, amenity impacts on neighbouring properties, overshadowing, size and scale of the development and asbestos removal.

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 7 The intensity of the development and likely amenity impacts are incompatible with what could be reasonably expected in a low density residential zone. The proposed development does not satisfy the objectives of the R2 Low Density Residential zone pursuant to The Hills Local Environmental Plan 2012 as the scale of this development detracts from the existing low density residential character of the area.

Given the above outstanding matters, insufficient information, non-compliances, and issues raised in the submissions from adjoining properties, the Development Application is

recommended for refusal.

BACKGROUND

The subject Development Application was lodged on 4 September 2019.

A letter was sent to the applicant on 30 September 2019 requesting additional information and amendments in relation to landscaping, acoustics, stormwater, parking, site survey, earthworks, waste management and planning matters.

A site inspection was carried out on 1 October 2019.

On 28 November 2019, additional information was submitted by the applicant in relation to landscaping and acoustic matters.

A further letter was sent to the applicant on 5 December 2019 raising concerns in relation to traffic matters.

A response to the raised traffic matters was submitted by the applicant on 11 January 2020.

On 15 January 2020 a further letter was sent to the applicant requesting that outstanding matters be addressed.

Additional information including amended engineering and architectural plans were submitted by the applicant on 6 March 2020.

On 21 April 2020 a further letter was sent to the applicant with a response to the amended plans advising that traffic, waste, landscaping, engineering and planning matters were still outstanding.

The applicant responded to Council staff on 18 May 2020 advising that they don’t believe compliance with the landscaping and parking requirements, particularly the required 2 metre wide landscaping strips at parking areas can be achieved without reducing parking numbers and requested if this requirement can be reviewed and waived.

On 1 June 2020 the applicant submitted the requested site survey.

A further letter is sent to the applicant on 16 June 2020 advising that the proposed variation to the 2m landscaping strip would not be supported and that it should be provided as it facilitates screening and safety measures. The applicant was advised to reconsider size of centre, and look at reducing numbers of children which would facilitate a smaller design that might achieve compliance with parking and landscaping. The applicant was advised that the site is not suitable for the proposal in its current form.

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 8 The applicant sent an email to Council on 16 June 2020 to advise that they would discuss matters with their design team and provide a response.

On 27 July 2020 the applicant submitted amended information and plans and advised that they cannot achieve compliance due to the size of the lot and that they will not be submitting further amended information.

Council’s engineering and tree management section complete their review of the amended plans and advise that matters are still not addressed satisfactorily. Landscaping, parking, access, drainage issues are still outstanding. This advice was relayed to the applicant in a letter on 7 September 2020. Previous advice that the site is not suitable for the proposed development was reiterated.

On 6 November a letter was sent to the applicant requesting the submission of all

outstanding matters in order for the application to proceed. The applicant responded that they will not be submitting any further information.

PROPOSAL

The Development Application is for the demolition of existing structures and construction of a single storey centre-based child care facility for 34 children with associated car parking containing 11 car parking spaces.

The Development Application is lodged pursuant to the provisions of State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017.

The centre comprises 3 internal play areas/rooms (i.e. 1 rooms for 0-2 years age group with 4 children, 1 room for 2-3 years age group of 10 children and 1 room for 3-5 years age group of 20 children) and outdoor play area located in the space between the two wings and within the secondary street frontage.

The staff/administration areas include kitchen, office area, laundry, reception and staff room.

The facility will cater for the following age groups:

- 0-2 years: 4 places;

- 2-3 years: 10 places; and - 3-5 years: 20 places.

The child care facility is proposed to operate between 7am to 6pm Monday to Friday with a total of 5 teaching staff.

Access to the car park is via the north-eastern end of Coronation Road which contains a total of 11 parking spaces including 5 staff parking spaces and 6 parent/visitor parking spaces.

(9)

DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 9 ISSUES FOR CONSIDERATION

1. Compliance with the State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017

The proposed centre-based child care facility has been assessed against the relevant

provisions in the State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017. A centre-based child care facility is partly defined in the SEPP as:

a) a building or place used for the education and care of children that provides any one or more of the following—

(i) long day care,

(ii) occasional child care,

(iii) out-of-school-hours care (including vacation care), (iv) preschool care, or

b) an approved family day care venue (within the meaning of the Children (Education and Care Services) National Law (NSW)).

Note. An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning of the Children (Education and Care Services) National Law (NSW)) is provided.

but does not include—

c) a building or place used for home-based child care or school-based child care, or d) an office of a family day care service (within the meanings of the Children (Education

and Care Services) National Law (NSW)), or

e) a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or

f) a child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium) to care for children while the children’s parents are using the facility, or

g) a service that is concerned primarily with providing lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or providing private tutoring, or

h) a child-minding service that is provided by or in a health services facility, but only if the service is established, registered or licensed as part of the institution operating in the facility.

The SEPP determines that a consent authority must take into consideration the Child Care Planning Guideline when assessing a development application for this type of facility. It also determines this Guideline will take precedence over a Development Control Plan, other than building height, side and rear setbacks and car parking rates.

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 10 The proposal has been assessed against the relevant provisions of the SEPP as shown in the following table:

SECTION 1: SEPP (EDUCATIONAL ESTABLISHMENTS AND CHILD CARE FACILITIES) 2017 – PART 3 – EARLY EDUCATION AND CARE FACILITIES – SPECIFIC DEVELOPMENT CONTROLS Clause 22 – Concurrence of the Regulatory Authority

Requirement Proposal Compliance

Is concurrence of the Regulatory Authority (the Secretary of the Department of Education) required under Clause 22 of the SEPP?

Note: concurrence required where the indoor/outdoor space does not meet the requirements of the National Regulations (Clause 107 and 108).

See Section 3 of Table of Compliance for requirements.

Concurrence with the regulatory authority is not required under clause 22 of the SEPP.

An indoor unencumbered space of 3.25m2 per child is required. 34 children are proposed and 110.5m2 total required.

A total of 113.8m2 has been provided, 3.35m2 per child, which is compliant with clause 107 (indoor unencumbered space requirements) of the Education and Care Services National Regulations

An outdoor unencumbered space of 7.0m2 per child is required. 34 children are proposed, and 238m2 total required.

A total of 240m2 has been provided, approx. 7.05m2 per child, which is compliant with clause 108 (outdoor unencumbered space requirements) of the Education and Care Services National Regulations.

Yes

If yes, has the proposal been forwarded to the Department of Education within 7 days of receiving the Development Application with the area requiring concurrence stipulated?

N/A N/A

If concurrence of the Regulatory Authority was required, the notice of determination is to be forwarded to them within 7 days.

N/A N/A

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 11 Clause 23 – Matters for consideration by consent authorities

Before determining a development application for development for the purpose of a centre-based child care facility, the consent authority must take into consideration any applicable provisions of the Child Care Planning Guideline, in relation to the proposed development.

Assessment undertaken in section 4 below.

Yes

Clause 24 – Centre-based child care facility in Zone IN1 or IN Is the proposed development compatible

with neighbouring land uses, including its proximity to restricted premises, sex services premises or hazardous land uses?

N/A N/A

Does the proposal have the potential to restrict the operation of existing industrial land uses?

N/A N/A

Does the location of the proposed development will pose a health or safety risk to children, visitors or staff?

No Yes

Clause 25 – Non-discretionary development standards

The proposal cannot be refused on the following grounds (bold) if the standard is met:

Location—the development may be located at any distance from an existing or proposed early education and care facility,

Several other child care centres are within the general vicinity.

Noted.

indoor or outdoor space

for development to which regulation 107 (indoor unencumbered space requirements) or 108 (outdoor unencumbered space requirements) of the Education and Care Services National Regulations applies — the unencumbered area of indoor space and the unencumbered area of outdoor space for the development complies with the requirements of those regulations, or for development to which clause 28 (unencumbered indoor space and useable outdoor play space) of the Children (Education and Care Services) Supplementary Provisions Regulation

Complies – see above. Yes

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 12 2012 applies—the development complies

with the indoor space requirements or the useable outdoor play space requirements in that clause,

site area and site dimensions - the development may be located on a site of any size and have any length of street frontage or any allotment depth,

Noted Yes

colour of building materials or shade structures - the development may be of any colour or colour scheme unless it is a State or local heritage item or in a heritage conservation area.

Satisfactory Yes

Clause 26 – Development Control Plans A provision of a development control plan that specifies a requirement, standard or control in relation to any of the following matters (including by reference to ages, age ratios, groupings, numbers or the like, of children) does not apply to development for the purpose of a centre-based child care facility:

 operational or management plans or arrangements (including hours of operation),

 demonstrated need or demand for child care services,

 proximity of facility to other early childhood education and care facilities; and

(d) any matter relating to development for the purpose of a centre-based child care facility contained in:

 the design principles set out in Part 2 of the Child Care Planning Guideline, or

the matters for consideration set out in Part 3 or the regulatory requirements set out in Part 4 of that Guideline (other than those concerning building height, side and rear setbacks or car parking rates).

Unsatisfactory No

(13)

DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 13 SECTION 2: NATIONAL QUALITY FRAMEWORK ASSESSMENT CHECKLIST (PART 4 OF GUIDELINES)

NOTE: PART 4 OF THE CHILD CARE GUIDELINES INCLUDES DESIGN GUIDANCE FOR EACH CLAUSE THAT SHOULD ALSO BE CONSIDERED IN ADDITION TO THE BELOW.

CLAUSE STANDARD REQUIRED PROPOSED COMPLIANCE

104 Fencing or barrier that encloses

outdoor spaces

Outdoor space that will be used by children will be enclosed by a fence or barrier that is of a height and design that children preschool age or under cannot go through, over or under it.

Note: This clause does not apply to a centre- based service primarily for children over

preschool age or a family day care residence or venue for over preschool age children.

Fencing height, materials and style to be shown on plans.

Proposed

boundary fencing is of a type that will not enable children to go over, through or under it.

Yes

106 Laundry and hygiene

facilities

The proposed

development includes laundry facilities or access to laundry facilities OR explain the other arrangements for dealing with soiled clothing, nappies and linen, including hygienic facilities for storage of soiled clothing, nappies and linen prior to their disposal or laundering.

Laundry/hygienic facilities are located where they do not pose a risk to children.

Laundry facilities provided within the development.

Yes

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 14 107 Unencumbered

indoor space

3.25 square metres of unencumbered indoor space for each child.

Has the calculation of unencumbered space been undertaken in accordance with the Regulations? See excerpt of Clause 107 and 108 at the end of this table of compliance.

An indoor

unencumbered space of 3.25m2 per child is required. 34 children are proposed and 110.5m2 total required.

A total of 113.8m2

has been

provided, 3.35m2 per child, which is compliant with

clause 107

(indoor

unencumbered space

requirements) of the Education

and Care

Services National Regulations

Yes

108 Unencumbered outdoor space

7.0 square metres of unencumbered outdoor space for each child.

Has the calculation of unencumbered space been undertaken in accordance with the Regulations?

An outdoor

unencumbered space of 7.0m2 per child is required. 34 children are proposed, and 238m2 total required.

A total of 240m2

has been

provided, which is compliant with

clause 108

(outdoor unencumbered space

requirements) of the Education

and Care

Services National Regulations.

Yes

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 15 109 Toilet and

hygiene facilities

The proposed

development includes adequate,

developmentally and age appropriate toilet,

washing and drying facilities for use by children being educated and cared for by the service.

Age appropriate toilet, washing and drying

facilities provided.

Yes

The location and design of the toilet, washing and drying facilities enable safe and convenient use by the children.

Satisfactory Yes

Have the number of toilets and hand basins been shown on the plans?

Relevant detail outlined on the plans

Yes

110 Ventilation and natural light

The proposed

development includes indoor spaces to be used by children that — • will be well ventilated; and • will have adequate natural light; and • can be maintained at a temperature that ensures the safety and well-being of children.

Satisfactory Yes

Do the plans indicate how natural ventilation and lighting is achieved?

Floor plans provided.

Yes

111 Administrative space

The proposed

development includes an adequate area or areas for the purposes of conducting the

administrative functions of the service; and consulting with parents of children; and

conducting private conversations. Note:

This space cannot be included in the

Adequate administration space provided.

Yes

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 16 calculation of

unencumbered indoor space – see regulation 107

Do the plans indicate suitable administrative space?

112 Nappy change facilities

The proposed

development includes an adequate area for

construction of appropriate hygienic facilities for nappy changing including at least one properly constructed nappy changing bench and hand cleansing facilities for adults in the

immediate vicinity of the nappy change area. The proposed nappy change facilities can be designed and located in a way that prevents unsupervised access by children.

Adequate nappy change area provided

Yes

Do the plans indicate nappy change facilities?

Yes Yes

113 Outdoor space – natural environment

The proposed

development includes outdoor spaces that will allow children to explore and experience the natural environment. Is it adequately detailed on the plans?

Satisfactory Yes

114 Outdoor space – shade

The proposed

development includes adequate shaded areas to protect children from overexposure to

ultraviolet radiation from the sun. Is the provision of shade adequately detailed on the plans?

Satisfactory Yes

115 Premises

designed to facilitate

The proposed

development (including toilets and nappy change

Satisfactory – windows and doors allow for

Yes

(17)

DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 17 supervision facilities) are designed in

a way that facilitates supervision of children at all times, having regard to the need to maintain the rights and dignity of the children.

supervision to and from indoor and outdoor areas.

SECTION 4: CHILD CARE CENTRE GUIDELINES (PART 3)

CLAUSE REQUIRED PROPOSED COMPLIANCE

3.1 – Site Selection and Location

C1 For proposed developments in or adjacent to a residential zone, consider:

• the acoustic and privacy impacts of the proposed development on the residential properties

• the setbacks and siting of buildings within the residential context

• traffic and parking impacts of the proposal on residential amenity

The proposed

development is located in a residential area.

Acoustic impacts of

development addressed in acoustic report. Reviewed by Council’s health officer and considered

satisfactory.

However the applicant has not demonstrated that the parking is compliant with Council’s parking and landscaping DCP requirements. The

engineering, architectural and landscaping plans are inconsistent with each other. The non-

compliance of parking in particular could create significant adverse impacts on the surrounding street networks, with increased street parking.

The proposal has not adequately addressed the suitability of the site to cater for waste collection.

Further details to demonstrate whether a waste truck can

manoeuvre in and out of

No

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 18 the site have not been

submitted despite the applicant being requested to do so.

C2 When selecting a site, ensure that:

• the location and surrounding uses are compatible with the proposed development or use

• the site is environmentally safe including risks such as flooding, land slip, bushfires, coastal hazards

• there are no potential environmental contaminants on the land, in the building or the general proximity, and whether hazardous materials remediation is needed

• the characteristics of the site are suitable for the scale and type of development proposed having regard to:

- size of street frontage, lot configuration, dimensions and overall size - number of shared boundaries with residential properties - the development will not have adverse environmental impacts on the surrounding area, particularly in sensitive environmental or cultural areas

• where the proposal is to occupy or retrofit an existing premises, the interior and exterior spaces are suitable for the proposed use

• there are suitable drop off and pick up areas, and off and on street parking • the type of adjoining road (for example classified, arterial, local road, cul-de-sac) is appropriate and safe for the proposed use

• it is not located closely to incompatible social activities and uses such as restricted premises, injecting rooms, drug clinics and the like, premises licensed for alcohol or gambling such as hotels, clubs, cellar door premises and sex services premises.

The site is not burdened with flooding, bushfire, land slip or any other known hazards or the like.

However the development is not considered to be compatible with the predominantly residential character of the area.

Several submissions have been received objecting to the proposal as it is out of character with the area.

The non-compliant

proposal will likely result in significant traffic

congestion, and increased street parking in the area.

The area of the site is not suitable for the size and scale of the development being proposed

It is considered that a redesigned centre with reduced children numbers would reduce impacts.

No

C3 A child care facility should be located:

• near compatible social uses such as schools and other educational

The proposed

development is located within a residential area.

No

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 19 establishments, parks and other public

open space, community facilities, places of public worship

• near or within employment areas, town centres, business centres, shops

• with access to public transport including rail, buses, ferries

• in areas with pedestrian connectivity to the local community, businesses, shops, services and the like.

It is considered that the proposal has not been designed to be compatible with the local character and surrounding streetscape.

C4 A child care facility should be located to avoid risks to children, staff or visitors and adverse environmental conditions arising from:

• proximity to:

- heavy or hazardous industry, waste transfer depots or landfill sites

- LPG tanks or service stations

- water cooling and water warming systems

- odour (and other air pollutant) generating uses and sources or sites which, due to prevailing land use zoning, may in future accommodate noise or odour generating uses

- extractive industries, intensive agriculture, agricultural spraying activities

• any other identified environmental hazard or risk relevant to the site and/ or existing buildings within the site.

The location is not near any of the listed uses and is considered satisfactory.

Yes

3.2 – Local Character, Streetscape and Public Domain Interface

C5 The proposed development should:

• contribute to the local area by being designed in character with the locality and existing streetscape

• reflect the predominant form of surrounding land uses, particularly in low density residential areas

• recognise predominant streetscape qualities, such as building form, scale,

The development has been designed in an attempt to address its frontages and provide a suitable built form however the at-grade car park is not reflective of the predominant form of development in the surrounding low density

No

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 20 materials and colours

• include design and architectural treatments that respond to and integrate with the existing streetscape • use landscaping to positively contribute to the streetscape and neighbouring amenity

• integrate car parking into the building and site landscaping design in residential areas.

residences.

C6 Create a threshold with a clear transition between public and private realms, including:

• fencing to ensure safety for children entering and leaving the facility

• windows facing from the facility towards the public domain to provide passive surveillance to the street as a safety measure and connection between the facility and the community • integrating existing and proposed landscaping with fencing.

The proposal incorporates a 2.4 metre high solid barrier (1.8 metre straight barrier with a 45° 12mm thick Perspex or 6mm glass awning extending to 1 metre) along part of one boundary to meet the acoustic

recommendations and requirements of the submitted acoustic report.

However it is considered that this fence will result in incompatibility with the local character and surrounding residential streetscape.

No

C7 On sites with multiple buildings and/or entries, pedestrian entries and spaces associated with the child care facility should be differentiated to improve legibility for visitors and children by changes in materials, plant species and colours.

N/A N/A

C8 Where development adjoins public parks, open space or bushland, the facility should provide an appealing streetscape frontage by adopting some of the following design solutions:

• clearly defined street access, pedestrian paths and building entries

• low fences and planting which delineate communal/ private open space from adjoining public open space • minimal use of blank walls and high fences.

N/A N/A

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 21 C9 Front fences and walls within the front

setback should be constructed of visually permeable materials and treatments.

Where the site is listed as a heritage item, adjacent to a heritage item or within a conservation area front fencing should be designed in accordance with local heritage provisions.

Corner lot.

1.8m high front fencing proposed as outdoor play area located in the front setback area. Fencing has recessed sections with landscaping proposed.

Front fencing considered satisfactory.

Not listed as a heritage item.

Yes

C10 High solid acoustic fencing may be used when shielding the facility from noise on classified roads. The walls should be setback from the property boundary with screen landscaping of a similar height between the wall and the boundary.

N/A – child care not on a classified road

N/A

3.3 – Building Orientation, envelope and design

C11 Orient a development on a site and design the building layout to:

• ensure visual privacy and minimise potential noise and overlooking impacts on neighbours by:

- facing doors and windows away from private open space, living rooms and bedrooms in adjoining residential properties

- placing play equipment away from common boundaries with residential properties

- locating outdoor play areas away from residential dwellings and other sensitive uses

• optimise solar access to internal and external play areas

• avoid overshadowing of adjoining

Building has been not designed to ensure privacy is maintained to adjoining dwellings.

Setbacks to residential properties to the East and South remain a concern as there is insufficient width to provide access as well as screen planting for privacy.

The external play area is located to the front of the site.

The building was designed No

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 22 residential properties

• minimise cut and fill

• ensure buildings along the street frontage define the street by facing it

• ensure that where a child care facility is located above ground level, outdoor play areas are protected from wind and other climatic conditions.

to act as an acoustic barrier to the outdoor play area.

A portion of the outdoor play area at the rear includes the provision of a 2.4m high acoustic barrier to mitigate noise impacts.

The development will result in an unsatisfactory visual outlook from the immediate adjoining properties.

C12 The following matters may be considered to minimise the impacts of the proposal on local character:

• building height should be consistent with other buildings in the locality

• building height should respond to the scale and character of the street

• setbacks should allow for adequate privacy for neighbours and children at the proposed child care facility

• setbacks should provide adequate access for building maintenance

• setbacks to the street should be consistent with the existing character

Proposed building height of 6.13m complies with the development standard.

Setbacks do not provide adequate space for maintenance of the building nor adequate privacy for neighbours.

No

C13 Where there are no prevailing setback controls minimum setback to a classified road should be 10 metres. On other road frontages where there are existing buildings within 50 metres, the setback should be the average of the two closest buildings. Where there are no buildings within 50 metres, the same setback is required for the predominant adjoining land use.

Corner lot. Single storey child care centre proposed.

Proposed setbacks are approx. 17m to primary frontage and 4.6m to secondary frontage, which is compliant with the Residential DCP corner lot setbacks of 6m for primary

Yes

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 23 frontage and 4m for

secondary frontage.

C14 On land in a residential zone, side and

rear boundary setbacks should observe the prevailing setbacks required for a dwelling house.

Side setbacks of 909mm and 1001mm. While compliant with the residential side setback requirements it is considered that, for a child care centre, it is insufficient width to provide access as well as space for screen planting for privacy

Corner lot so no rear setbacks.

No

C15 The built form of the development should contribute to the character of the local area, including how it:

• respects and responds to its physical context such as adjacent built form, neighbourhood character, streetscape quality and heritage

• contributes to the identity of the place

• retains and reinforces existing built form and vegetation where significant

• considers heritage within the local neighbourhood including identified heritage items and conservation areas

• responds to its natural environment including local landscape setting and climate

• contributes to the identity of place.

It is considered that the proposal has not been designed to be compatible with the local character

and surrounding

streetscape.

No

C16 Entry to the facility should be limited to one secure point which is:

• located to allow ease of access, particularly for pedestrians

• directly accessible from the street where possible

One entry point proposed to the front of the building and primary frontage at Coronation Road.

Yes

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 24

• directly visible from the street frontage

• easily monitored through natural or camera surveillance

• not accessed through an outdoor play area.

• in a mixed-use development, clearly defined and separate from entrances to other uses in the building.

C17 Accessible design can be achieved by:

• providing accessibility to and within the building in accordance with all relevant legislation

• linking all key areas of the site by level or ramped pathways that are accessible to prams and wheelchairs, including between all car parking areas and the main building entry

• providing a continuous path of travel to and within the building, including access between the street entry and car parking and main building entrance. Platform lifts should be avoided where possible

• minimising ramping by ensuring building entries and ground floors are well located relative to the level of the footpath.

NOTE: The National Construction Code, the Discrimination Disability Act 1992 and the Disability (Access to Premises – Buildings) Standards 2010 set out the requirements for access to buildings for people with disabilities.

Satisfactory – disabled access is provided

Yes

3.4 – Landscaping

C18 Appropriate planting should be provided along the boundary integrated with fencing. Screen planting should not be included in calculations of unencumbered outdoor space. Use the existing landscape where feasible to provide a high quality landscaped area by:

• reflecting and reinforcing the local context

• incorporating natural features of the

There is insufficient space to provide appropriate landscaping screening and plantings along all the boundaries.

No

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 25 site, such as trees, rocky outcrops and

vegetation communities into landscaping.

C19 Incorporate car parking into the landscape design of the site by:

• planting shade trees in large car parking areas to create a cool outdoor environment and reduce summer heat radiating into buildings

• taking into account streetscape, local character and context when siting car parking areas within the front setback

• using low level landscaping to soften and screen parking areas.

Car parking area includes insufficient landscaping, including the required 2m wide landscaping strips.

No

3.5 – Visual and Acoustic Privacy

C20 Open balconies in mixed use developments should not overlook facilities nor overhang outdoor play spaces.

N/A N/A

C21 Minimise direct overlooking of indoor rooms and outdoor play spaces from public areas through:

• appropriate site and building layout

• suitably locating pathways, windows and doors

• permanent screening and landscape design.

There is minimal

overlooking to

neighbouring properties.

Windows on internal side boundaries are minimal.

3 x small windows for playroom for 3-5 year olds on southern elevation are high sill and would not be expected to result in overlooking due to the height of the windows and

the predominant

occupants being young children.

3 x windows on eastern elevation also minimal and for kitchen, staff room and

Yes

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 26 toilet.

Staff room window obscured glazing for bottom half.

C22 Minimise direct overlooking of main internal living areas and private open spaces in adjoining developments through:

• appropriate site and building layout

• suitable location of pathways, windows and doors

• landscape design and screening.

Adjoining developments are single storey and do not create any overlooking impacts into the development.

Yes

C23 A new development, or development that includes alterations to more than 50 per cent of the existing floor area, and is located adjacent to residential accommodation should:

• provide an acoustic fence along any boundary where the adjoining property contains a residential use. (An acoustic fence is one that is a solid, gap free fence).

• ensure that mechanical plant or equipment is screened by solid, gap free material and constructed to reduce noise levels e.g. acoustic fence, building, or enclosure.

An acoustic fence (1.8m) is provided along the boundaries adjoining residential development.

The southern elevation boundary will have an awning/cantilever of 1m high angled internally.

This will result in an overall height of 2.4m (taking into account the angle)

Yes

C24 A suitably qualified acoustic professional should prepare an acoustic report which will cover the following matters:

• identify an appropriate noise level for a child care facility located in residential and other zones

• determine an appropriate background noise level for outdoor play areas during times they are proposed to be in use

• determine the appropriate height of any acoustic fence to enable the noise criteria to be met.

Acoustic Report prepared and submitted with application.

Yes

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 27 3.6 – Noise and Air Pollution

C25 Adopt design solutions to minimise the impacts of noise, such as:

• creating physical separation between buildings and the noise source

• orienting the facility perpendicular to the noise source and where possible buffered by other uses

• using landscaping to reduce the perception of noise

• limiting the number and size of openings facing noise sources

• using double or acoustic glazing, acoustic louvres or enclosed balconies (wintergardens)

• using materials with mass and/or sound insulation or absorption properties, such as solid balcony balustrades, external screens and soffits

• locating cot rooms, sleeping areas and play areas away from external noise sources.

An Acoustic Report has been provided and reviewed by Councils Environmental Health Officer and is satisfactory.

Yes

C26 An acoustic report should identify appropriate noise levels for sleeping areas and other non play areas and examine impacts and noise attenuation measures where a child care facility is proposed in any of the following locations:

• on industrial zoned land

• where the ANEF contour is between 20 and 25, consistent with AS 2021 – 2000

• along a railway or mass transit corridor, as defined by State Environmental Planning Policy (Infrastructure) 2007

• on a major or busy road

• other land that is impacted by substantial external noise.

An Acoustic Report has been provided and reviewed by Councils Environmental Health Officer and is satisfactory.

Yes

C27 Locate child care facilities on sites which avoid or minimise the potential impact of external sources of air pollution such as major roads and industrial development.

Satisfactory – not adjacent to a classified road or industrial development

Yes

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 28 C28 A suitably qualified air quality

professional should prepare an air quality assessment report to demonstrate that proposed child care facilities close to major roads or industrial developments can meet air quality standards in accordance with relevant legislation and guidelines. The air quality assessment report should evaluate design considerations to minimise air pollution such as:

• creating an appropriate separation distance between the facility and the pollution source. The location of play areas, sleeping areas and outdoor areas should be as far as practicable from the major source of air pollution

• using landscaping to act as a filter for air pollution generated by traffic and industry. Landscaping has the added benefit of improving aesthetics and minimising visual intrusion from an adjacent roadway

• incorporating ventilation design into the design of the facility

N/A – Air quality assessment not required as development is not adjacent to a classified road or industrial developments

Yes

3.7 – Hours of Operation

C29 Hours of operation within areas where the predominant land use is residential should be confined to the core hours of 7.00am to 7.00pm weekdays. The hours of operation of the proposed child care facility may be extended if it adjoins or is adjacent to non-residential land uses.

Proposed hours of operation are 7.00am to 6:00pm.

Yes

C30 Within mixed use areas or predominantly commercial areas, the hours of operation for each child care facility should be assessed with respect to its compatibility with adjoining and co-located land uses.

N/A N/A

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 29 3.8 – Traffic, parking and pedestrian circulation

C31 Off street car parking should be provided at the rates for child care facilities specified in a Development Control Plan that applies to the land.

Parking 1 space per employee (5 staff = 5 spaces) and 1 space per 6 children (6 spaces) = 11 spaces required

Submitted plans show 11 car spaces provided however the carpark has

numerous non-

compliances with the Australian Standards AS2890.1:2004. In addition the required 2m wide landscaping strip at parking and driveway areas are not provided.

Numerous inconsistencies with architectural,

landscaping and

engineering plans in relation to the carpark exist.

The application has also not demonstrated that there is adequate space for waste truck to manoeuvre in and out of the site in a forward direction, without compromising the required car spaces.

A redesign of the development is required to achieve a compliant carpark that meets the demands of the proposal.

Amended plans were requested but not submitted.

No

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 30 C32 In commercial or industrial zones and

mixed use developments, on street parking may only be considered where there are no conflicts with adjoining uses, that is, no high levels of vehicle movement or potential conflicts with trucks and large vehicles.

N/A N/A

C33 A Traffic and Parking Study should be prepared to support the proposal to quantify potential impacts on the surrounding land uses and demonstrate how impacts on amenity will be minimised. The study should also address any proposed variations to parking rates and demonstrate that:

• the amenity of the surrounding area will not be affected

• there will be no impacts on the safe operation of the surrounding road network.

A Traffic and Parking

Assessment was

submitted with the application as required.

Several discrepancies and inconsistencies were identified in the report by Council’s engineering section.

An amended traffic

assessment was

requested but not submitted.

No

C34 Alternate vehicular access should be provided where child care facilities are on sites fronting:

• a classified road

• roads which carry freight traffic or transport dangerous goods or hazardous materials.

The alternate access must have regard to:

• the prevailing traffic conditions

• pedestrian and vehicle safety including bicycle movements

• the likely impact of the development on traffic.

N/A N/A

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 31 C35 Child care facilities proposed within cul-

de-sacs or narrow lanes or roads should ensure that safe access can be provided to and from the site, and to and from the wider locality in times of emergency.

N/A N/A

C36 The following design solutions may be incorporated into a development to help provide a safe pedestrian environment:

• separate pedestrian access from the car park to the facility

• defined pedestrian crossings included within large car parking areas

• separate pedestrian and vehicle entries from the street for parents, children and visitors

• pedestrian paths that enable two prams to pass each other

• delivery and loading areas located away from the main pedestrian access to the building and in clearly designated, separate facilities

• in commercial or industrial zones and mixed use developments, the path of travel from the car parking to the centre entrance physically separated from any truck circulation or parking areas

• vehicles can enter and leave the site in a forward direction.

Separate pedestrian access to the site for safety reasons, minimising potential conflicts between children and vehicles, has been requested but has not been provided.

No

C37 Mixed use developments should include:

• driveway access, manoeuvring areas and parking areas for the facility that are separate to parking and manoeuvring areas used by trucks

• drop off and pick up zones that are exclusively available for use during the facility’s operating hours with spaces clearly marked accordingly, close to the main entrance and preferably at the same floor level. Alternatively, direct access should avoid crossing driveways or maneuvering areas used by vehicles accessing other parts of the site

N/A N/A

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 32 parking that is separate from other uses,

located and grouped together and conveniently located near the entrance or access point to the facility.

C38 Car parking design should:

• include a child safe fence to separate car parking areas from the building entrance and play areas

• provide clearly marked accessible parking as close as possible to the primary entrance to the building in accordance with appropriate Australian Standards

• include wheelchair and pram accessible parking.

Unsatisfactory

The application has not adequately addressed or demonstrated compliance with these requirements.

No

Additional Comments:

Siting of buildings:

The proposal provides an at-grade car park which will adversely impact on the streetscape and result in visual prominence of a large hard stand concrete front setback area given that adequate landscaping has not been provided in accordance with Council’s DCP.

There will be a visual impact on the residential property to the south as their outlook at the front of their property will consist of a 2.4 metre fence. In this regard, the design is not considered optimal for the neighbouring residential properties.

Local Character and Streetscape:

The development has been designed in an attempt to address its frontages and provide a suitable built form, however the provision of an at-grade parking level containing 11 parking spaces is not reflective of the predominant form of development in the immediate and surrounding low density residential uses. The landscape outcome does not complement the existing low density residential character within the immediate locality

The large hard stand concrete parking area proposed is imposing particularly with inadequate landscape screening. Council’s Landscaping DCP requires driveways to be screened by a minimum 2 metre wide landscape strip on either side. The result is a front setback which is incompatible with the local character and surrounding residential streetscape. Council’s Landscape Assessment Officer has recommended the proposal is redesigned, reducing the child numbers, and thus required parking, which would enable a compliant car park, which would be a better outcome in terms of streetscape impacts.

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 33 The southern side setback is insufficient to grow and maintain screen planting to the

southern boundary adjacent to the proposed development.

2. Compliance with State Environmental Planning Policy No. 55 – Remediation of Land

Clause 7 (Contamination and remediation to be considered in determining development application) of SEPP 55 – Remediation of Land, states:

(1) A consent authority must not consent to the carrying out of any development on land unless:

(a) it has considered whether the land is contaminated, and

(b) if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

(c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

The site has historically been used for residential purposes and there appears to be no history of uses that would otherwise have caused contamination of the site. The applicant has indicated within the Statement of Environmental Effects that the site is considered unlikely to be affected by any contamination. Council’s Environmental Health officer has reviewed the proposal and has raised no concerns in relation to possible contamination.

In this regard, the proposal is considered to be consistent with the provisions of SEPP 55.

3. Compliance with The Hills Local Environmental Plan 2019 (i) Permissibility

The land is zoned R2 Low Density Residential under The Hills Local Environmental Plan 2019. The proposed centre-based child care centre is permissible with consent in the R2 zone. Child care centres are a mandated permissible use in the low density residential zone.

The objectives of the R2 Low Density Residential 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 does not meet the objectives with respect to maintaining the low density residential character of the area due to its size and scale. The car park design limits the opportunity for compliant landscaping to soften the impact of the proposed facility from adjoining residential properties. The size and extent of the large hard stand car park is out of character in this predominant low density residential area. It is considered that the proposal is incompatible with the local character and surrounding residential streetscape.

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 34 (ii) Development Standards

Clause 4.3 of The Hills LEP 2019 prescribes that the maximum height for the site and surrounding properties within the immediate locality is 9 metres and the maximum height of building is 6.13 metres and therefore complies with the LEP height control.

4. Insufficient Information

Clause 54 of the Environmental Planning and Assessment Regulations 2000 enables Council to request the provision of additional information. The applicant was requested to provide additional information on a number of occasions and failed to adequately address/provide the required outstanding information.

Sufficient information has not been provided to enable an assessment against the relevant controls and standards.

The outstanding information relates to the following:

 Traffic - Information to demonstrate no conflicts between pedestrians and vehicles.

 Engineering – Information to demonstrate that the parking is compliant with Australian Standards AS2890.1:2004 and Council’s Parking DCP; to rectify inconsistencies between landscape, architectural and engineering plans; amended OSD details; and additional sediment and erosion control details.

 Landscaping – Information including the provision of a separate pedestrian access, landscaping screening at parking areas, landscaping screening for bin storage area, amended plans to rectify earthwork level discrepancies, details to demonstrate no impacts to trees, relocation of storm water lines, insufficient setbacks on eastern and southern boundaries to facilitate the provision of landscaping screening.

 Resource Recovery - Amended plans and swept paths showing the standard 6.4m long Small Rigid Vehicle (AS2890.2) entering and exiting the site in a forward direction without compromising staff car spaces.

Accordingly, it cannot be determined that the proposal is in the public interest or has a satisfactory environmental impact under the relevant parts of Section 4.15C of the Environmental Planning and Assessment Act, 1979.

5. Compliance with The Hills Development Control Plan

The proposal has been assessed against the provisions of The Hills Development Control Plan 2012 particularly:-

 Part B Section 2 - Residential

 Part B Section 6 – Business – Clause 2.34 Centre-Based Child Care Facilities – Additional Controls

 Part C Section 1 – Parking

 Part C Section 3 - Landscaping

The proposed development has been assessed against the provisions of the relevant parts and sections of DCP 2012 and the following non-compliances are identified with the

corresponding comments:

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 35 DEVELOPMENT

CONTROL

DCP

REQUIREMENTS

PROPOSED DEVELOPMENT

COMPLIANCE

Part B Section 2 – Residential

Clause 2.14.5

Landscaping requirements

The minimum required landscaped or naturally vegetated area is 40%

The proposal comprises approx.

21% landscaping.

No, refer to discussion below.

Part C Section 1 – Parking

- Off-street parking requirements

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

Parking 1 space per employee (5 staff = 5 spaces) and 1 space per 6 children (6 spaces) = 11 spaces required

Submitted plans show 11 car spaces

provided however the carpark has numerous non-compliances with the Australian

Standards AS2890.1:2004.

The applicant has not adequately

demonstrated compliance with the parking requirements.

No, refer to discussion below.

Part C Section 1 – Parking

&

Outdoor parking areas are to be screened by a minimum of two metre wide landscaping strips.

The proposal does not provide the required 2m wide landscaping strips at parking

No, refer to discussion below.

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 DECEMBER, 2020

PAGE 36 DEVELOPMENT

CONTROL

DCP

REQUIREMENTS

PROPOSED DEVELOPMENT

COMPLIANCE

Part C Section 3 – Landscaping

Clause 2.8

- Landscaping strip

Clause 3.12 - Car parking

Such landscaping is to be of a mature and dense nature and be designed according to Part C Section 3 – Landscaping of this DCP.

areas.

Part B Section 6 – Business – Clause 2.34 - Centre-Based Child Care Facilities – Additional Controls

Setbacks for child care centre car parking areas:

For residential zones - Minimum 5 metre setback from the front property boundary.

The car park is

approx. 1.1m from the front boundary.

No, refer to discussion below.

Part B Section 6 – Business – Clause 2.34 - Centre-Based Child Care Facilities – Additional Controls

External Play Area

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

The proposed external play area is located within the front setback area.

No, refer to

discussion below.

a) Landscaping

The DCP requires that the minimum required landscaped or naturally vegetated area is 40%.

The proposal initially comprised approximately 21% landscaping however the plans were subsequently amended to provide six permeable car spaces to increase the “landscaped”

area, which if included, would provide approximately 35% landscaping, which is still a variation.

References

Related documents

DEVELOPMENT ASSESSMENT UNIT MEETING 29 JUNE, 2021 PAGE 6 EXECUTIVE SUMMARY The development application is for a small lot housing development and subdivision creating two