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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 30 June 2020

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 30 JUNE, 2020

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 1274/2019/HC - CHILD CARE CENTRE - LOT 1002 DP 1229490, 1 ANDROMEDA PARKWAY, BOX HILL

5

ITEM-3 DA 2174/2018/HA/B - SECTION 4.55 (1A) MODIFICATION TO AN APPROVED MULTI DWELLING HOUSING DEVELOPMENT AND ASSOCIATED STRATA SUBDIVISION - LOT 6 DP 271030, 46-62 ROCKS STREET, KELLYVILLE

51

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DEVELOPMENT ASSESSMENT UNIT MEETING 30 JUNE, 2020

PAGE 3 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 23 JUNE 2020

PRESENT

Cameron McKenzie Group Manager – Development Paul Osborne Manager – Development Assessment

Ben Hawkins Manager – Subdivision & Development Certification Angelo Berios Manager – Environment & Health

Craig Woods Manager – Regulatory Services Nicholas Carlton Manager – Forward Planning Kristine McKenzie Principal Executive Planner

APOLOGIES Nil

TIME OF COMMENCEMENT 8:30am

TIME OF COMPLETION 8.41am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 9 June 2020 be confirmed.

ITEM-2 DA 654/2020/HA - OCCUPATION OF UNIT 14 FOR A PLACE OF PUBLIC WORSHIP LOT 14 SP 98516, 14 589 WITHERS ROAD ROUSE HILL

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 be approved subject to conditions outlined in the report.

REASONS FOR THE DECISION

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

• LEP 2012 – Satisfactory.

• DCP Part B Section 7 Industrial – Variation required, see report.

• DCP Part C Section 1 Parking – Satisfactory.

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DEVELOPMENT ASSESSMENT UNIT MEETING 30 JUNE, 2020

PAGE 4 HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The development application was notified and two (2) submissions were received. The issues raised were discussed in the report.

ITEM-3 DA 1124/2020/HA - FITOUT AND OCCUPATION OF SHOP 10 FOR A RESTAURANT AND ASSOCIATED SIGNAGE - LOT 8 SP 93305, GROUND 10/21 HEZLETT ROAD, 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 be refused for the following reasons:

1. The proposed use for a restaurant is prohibited within Zone R1 General Residential pursuant to State Environmental Planning Policy (Sydney Region Growth Centres) 2006.

(Section 4.15(1)(a)(i) and 1(c) of the Environmental Planning and Assessment Act, 1979) 2. Development consent cannot be granted as State Environmental Policy No. 64

Advertising and Signage requirements cannot be satisfied as no signage details were submitted with the application.

(Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act, 1979)

3. The proposal has not adequately addressed environmental health and fire safety issues.

(Section 4.15(1)(a)(i), (iv), 1(b) and 1(c) of the Environmental Planning and Assessment Act, 1979).

4. Insufficient information has been submitted in support of the application in accordance with Clause 50 of the Environmental Planning & Assessment Regulation 2000: -

• Details regarding proposed hours of operation, staff and patron numbers, signage, and food premises fit-out details have not been provided.

(Section 4.15 1(a)(iv) of the NSW Environmental Planning and Assessment Act 1979).

REASONS FOR THE DECISION

• Section 4.15 (EP&A Act) – Unsatisfactory.

• SEPP (Sydney Region Growth Centres) 2006 – Unsatisfactory.

• SEPP No. 64 Advertising and Signage – Unsatisfactory.

• North Kellyville Precinct Development Control Plan 2018 – Unsatisfactory

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The development application was notified and no submissions were received.

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DEVELOPMENT ASSESSMENT UNIT MEETING 30 JUNE, 2020

PAGE 5 ITEM-2 DA 1274/2019/HC - CHILD CARE CENTRE - LOT 1002 DP

1229490, 1 ANDROMEDA PARKWAY, BOX HILL

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:

30 JUNE 2020

DEVELOPMENT ASSESSMENT UNIT

AUTHOR:

SENIOR TOWN PLANNER JAMES GIBBESON

RESPONSIBLE OFFICER:

MANAGER – DEVELOPMENT ASSESSMENT PAUL OSBORNE

Applicant P White

Owner Ready to Learn Education Pty Ltd Notification 1st Notification: 14 days

2nd Notification: 14 days Number Advised 1st Notification: 16

2nd Notification: 23 Number of Submissions 1st Notification: Two

2nd Notification: One

Zoning R2 Low Density Residential

Site Area 2,303m2

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

Section 4.15 (EP&A Act) – Satisfactory SEPP Growth Centres – Satisfactory

SEPP (Educational Establishments and Child Care Centres) 2017 – Satisfactory

SEPP No. 55 – Remediation of Land - Satisfactory Box Hill DCP – Satisfactory

DCP Part B Section 6 – Business – Variation, see report DCP Part C Section 1 – Parking – Variation, see report DCP Part C Section 3 – Landscaping – Satisfactory Section 7.12 Contribution: $196,618

Political Donation None Disclosed

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DEVELOPMENT ASSESSMENT UNIT MEETING 30 JUNE, 2020

PAGE 6 Reason for Referral to DAU 1. Submissions received.

2. Variations to DCP.

Recommendation Approval subject to conditions

EXECUTIVE SUMMARY

The Development Application is for the construction of a centre-based child care facility.

The proposal will accommodate 120 children and 17 staff. Vehicle access to the site is provided from Andromeda Parkway with 38 car parking spaces located within the basement car park.

The proposed development is permissible in the R2 Low Density Residential zone and has been assessed under the relevant provisions of State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 and Child Care Planning Guidelines, State Environmental Planning Policy (Sydney Region Growth Centres) 2006, Box Hill Development Control Plan, The Hills Development Control Plan Part B Section 6 Business, Part C Section 1 – Parking and Part C Section 3 - Landscaping.

The proposed development includes variations to the DCP relating to the location of the external play areas and the provision of parking on the site. The variations are considered to be satisfactory given compliance with the design quality principles in the Child Care Planning Guideline, the total number of car parking spaces provided on the site, adequate deep soil and landscape screening being provided, and the acoustic and visual privacy mitigation measures implemented.

The application was notified and three submissions were received. The issues raised primarily relate to impacts of increased traffic flow, on-street parking availability, acoustic impacts and compatibility with the ridge character area. These issues are discussed in the body of the report and do not warrant refusal of the application.

The proposal is defined as ‘Integrated Development’ under the provisions of Section 4.46 of the Environmental Planning and Assessment Act 1979 as the proposal requires approval from the NSW Rural Fire Service under the provisions of the Rural Fires Act 1997.

The application is recommended for approval subject to conditions of consent.

BACKGROUND

A pre-lodgement meeting was held on 28 September 2018 for a 140 place, two storey child care centre with basement car parking. The applicant was advised at this time that there were significant issues specifically relating to bulk and scale, acoustics, privacy, traffic, waste collection, inconsistency with planning controls and character of the area.

The Development Application was lodged on 22 February 2019 for a 140 place child care centre over two storeys and basement car park. The application was notified to adjoining properties and two submissions were received.

A request for additional information was issued to the applicant on 9 April 2019 with multiple issues raised including intensity of the use, design of the development, acoustics, waste, vehicular access, stormwater, compatibility with the ridge area character controls and SEPP

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DEVELOPMENT ASSESSMENT UNIT MEETING 30 JUNE, 2020

PAGE 7 (Education Establishments and Child Care Centres) 2017. A meeting was held with the applicant and Council staff on 12 April 2019 to discuss the issues raised.

Amended plans and documentation were formally received on 11 November and 16 December 2019. The application was modified to reduce the number of children to 120 and staff to 17. The application was re-notified to adjoining properties for 14 days with one additional submission received. Further amendments were requested on 11 February 2020 with amended plans and documentation provided on 13 March, 4 May and 15 May 2020.

PROPOSAL

The Development Application is for a centre-based child care facility accommodating 120 children and 17 staff with 38 parking spaces available within a basement level car park.

Vehicular access to the site is proposed from Andromeda Parkway.

The child care centre will cater for the following age groups and child numbers:

• Age 0 to 2 year olds – 20 children

• Age 2 to 3 year olds – 20 children

• Age 3 to 5 year olds – 80 children

The ground floor of the centre includes an entry lobby, lunch room, kitchen, office, laundry and 6 indoor play areas serviced by 4 bathrooms with age appropriate amenities. The 0-1 and 1-2 year rooms also include two cot rooms, a nappy change area and bottle preparation bench. A staff area, two meeting rooms and additional staff bathrooms are located on the first floor of the development. An internal stairwell and lift are proposed which provides access to the basement, ground floor and first floor of the development.

The total area for unencumbered indoor play space is 440m² and the total area for unencumbered outdoor play space is 898m². Direct access to the external play areas is provided from all internal play areas with a drying courtyard also provided to the north west of the site.

Two separate outdoor play areas for the different age groups (ages 0-3 and 3+) are provided with the smaller play area for the 0-3 age group located to the west of the site and larger play area for the 3+ age group located to the east fronting Old Pitt Town Road. A 1.5m high open style metal fence is proposed to enclose the outdoor play areas fronting Old Pitt Town Road and Andromeda Parkway. A condition of consent has been imposed for a clear solid Perspex fence to be implemented into the fence design for noise attenuation.

Two metre wide landscape screening has been provided to each boundary of the development. Masonry retaining walls are to be implemented to the Old Pitt Town Road and Andromeda Parkway. Tiered retaining walls are proposed the Old Pitt Town Road frontage, with the first wall located at the boundary with the second wall located 1 metre away. The maximum height of retaining walls to the front of the site is 1 metre. The retaining walls are to act as a crash barrier to prevent a vehicle or debris from entering the outdoor children’s play area.

The proposed hours of operation are Monday – Friday 7am to 6:30pm.

There is no signage proposed as part of the development application with a condition of consent imposed requiring any signage to be subject to a further development application.

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DEVELOPMENT ASSESSMENT UNIT MEETING 30 JUNE, 2020

PAGE 8 ISSUES FOR CONSIDERATION

1. Compliance with SEPP (Sydney Region Growth Centres) 2006 (i) Permissibility

The land is zoned R2 Low Density Residential under Appendix 11 of SEPP (Sydney Region Growth Centres) 2006. A ‘centre-based child care facility’ is permitted in the R2 Low Density zone. The use is defined in the SEPP as follows:

Centre-based child care facility means:

(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 proposal is for a centre-based child care facility that provides long day care which is permissible with development consent within the R2 Low Density Residential zone.

(ii) Zone Objectives

The site is zoned R2 Low Density Residential under the SEPP (SRGC) 2006. The objectives of the zone are:

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DEVELOPMENT ASSESSMENT UNIT MEETING 30 JUNE, 2020

PAGE 9

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 allow people to carry out a reasonable range of activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours.

To support the well-being of the community, by enabling educational, recreational, community, religious and other activities where compatible with the amenity of a low density residential environment.

A child care centre is considered a facility or services that meet the day to day needs of residents, consistent with the second objective. Similarly, the use is considered supportive of the well-being of the community through the provision of an educational activity. The development is compatible with the envisioned low density residential environment within the Box Hill Precinct.

The proposal is considered to be satisfactory in regard to the zone objectives.

(iii) Development Standards

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

CLAUSE REQUIRED PROVIDED COMPLIES

Floor Space Ratio N/A N/A N/A

Height of Buildings 8.5 metres 7.57m approx. Yes Minimum Lot Size

Map

2,000m2 2,303m2 (existing) N/A

2. Draft Amendment to SEPP (Sydney Region Growth Centres) 2006

In May 2017 the Department of Planning released the draft North West Land Use and Infrastructure Implementation Plan. In addition to a new growth centres structure plan and an infrastructure schedule the package proposes a draft amendment to SEPP (Sydney Region Growth Centres) 2006 and associated draft changes to the DCP. The proposed changes include the introduction of density bands (rather than only minimum density) and reinstatement of minimum lot sizes for all residential areas (that were removed as part of the 2014 Housing Diversity changes). The proposed changes have no effect on the subject approval

3. Compliance with SEPP 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

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DEVELOPMENT ASSESSMENT UNIT MEETING 30 JUNE, 2020

PAGE 10 (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 is part of a recent subdivision and deemed applicable for residential uses. There appears to be no recent contamination of the site.

Council’s Environment and Health Team has reviewed the proposal and raised no objection to the proposal on grounds of contamination.

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

4. Compliance with SEPP (Educational Establishments and Child Care Centres) 2017 The Policy aims to facilitate the effective delivery of educational establishments and early education and child care facilities across the State. The SEPP determines that a consent authority must take into consideration the Child Care Planning Guidelines and National Quality Framework when assessing a development application for a centre-based child care facility.

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

CLAUSE REQUIRED PROVIDED COMPLIES

22 Concurrence of the Regulatory Author

Concurrence required where the indoor/outdoor space does not meet the requirements of the National Regulations which requires:

3.25m² of unencumbered indoor space for each child and

7m² of unencumbered outdoor space for each child.

Indoor/outdoor space meet the requirements of the National Regulations for 120 children

Unencumbered Indoor space: 440m2 provided (390m² required)

Unencumbered Outdoor space: 898m2 provided (840m² required)

Yes

23 Matters

consideration 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.

The proposal complies with the provisions of the Child Care Planning Guideline.

Yes, refer to Section 4(i) below for further discussion.

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DEVELOPMENT ASSESSMENT UNIT MEETING 30 JUNE, 2020

PAGE 11

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

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).

The proposal generally complies with the provisions of The Hills DCP 2012 and Box Hill DCP 2018 with the exception of the play area location and parking.

Yes, refer to Section 5 for further discussion.

(i) Clause 23 Compliance with Child Care Planning Guideline

The Child Care Planning Guideline establishes the assessment framework to deliver consistent planning outcomes and design quality for centre-based child facilities in the State.

Consideration of the applicable provisions of the Guideline is addressed below:

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DEVELOPMENT ASSESSMENT UNIT MEETING 30 JUNE, 2020

PAGE 12 a) Part 2 Design Quality Principles

The Guideline includes seven design quality principles that relate to context, built form, adaptive learning spaces, sustainability, landscape, amenity and safety.

The proposed centre-based child care facility is designed to complement the existing and future desired low density residential character of the Box Hill Growth Centre. The site is located in the ridge character area, characterized by one or two storey dwellings with large setbacks adjacent to the RU6 transition zone located on the opposing side of Old Pitt Town Road. The child care complies with the required setbacks, landscaped area and site coverage prescribed in the Box Hill DCP and is consistent with envisioned character of the area.

The facility has been designed with generous setbacks and a height that is consistent with the adjoining residential properties. The building incorporates contemporary, high quality finishes which is consistent with the architectural design of the existing dwellings in the locality. The basement carpark is fully integrated within the site building and does not dominate the streetscape.

The built form respects the surrounding residential context with the building and boundary fencing acting as a noise buffer for adjoining properties, particularly to the outdoor play spaces located northern and western side boundaries. Landscape screening has been implemented to the rear and side boundary to enhance acoustic treatment to the child care facility located to the rear and residential dwelling to the east. In addition, landscaping has been implemented along the primary and secondary street frontages to enhance the visual amenity when viewed from the streetscape. Barriers in the form of retaining walls have been appropriately place along the primary and secondary street frontages to protect the safety of children playing in the play spaces.

Furthermore, the location of the outdoor play area and layout of the building utilises the northerly aspect, providing optimal sunlight and passive thermal design for ventilation, heating and cooling. The outdoor and internal play areas have been designed to provide adaptive and safe learning spaces that offer children a variety of settings and opportunities for interaction.

The proposal results in a distinctive design that contributes positively to the visual amenity of the Box Hill area and meets the design quality principles in the Guideline.

b) Part 3 Matters for consideration

The Guideline includes matters for consideration which support the design principles including site selection and location, local character, streetscape and the public domain interface, building orientation, envelope and design, landscaping, visual and acoustic privacy, noise and air pollution, hours of operation, traffic parking and pedestrian circulation.

The proposal has been assessed against these matters for consideration and found to achieve compliance with the relevant requirements.

c) Part 4 Applying the National Regulations to development proposals

The Guideline includes descriptions of specific regulations that apply to the internal and external physical environments, includes a best practice example and a National Quality Framework Assessment Checklist. The proposal has been assessed against Part 4 of the

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DEVELOPMENT ASSESSMENT UNIT MEETING 30 JUNE, 2020

PAGE 13 Guideline. The proposal includes an unencumbered indoor play area of 440m² and an unencumbered outdoor space of 898m² which meet the requirements of the National Regulations for 120 children. Subject to recommended conditions, the proposal achieves compliance with the relevant requirements.

The proposal meets the provisions under the Child Care Planning Guideline with regard to Parts 2, 3 and 4 of the Guideline and therefore complies with Clause 23 of the SEPP.

5. Compliance with Development Control Plans

The proposal has been assessed against the provisions of the following Development Control Plans:

• Box Hill Development Control Plan

• Part B Section 6 – Business

• Part C Section 1 – Parking

• Part C Section 3 – Landscaping

The proposed development achieves compliance with the relevant requirements of the above Development Controls with the exception of the following:

DEVELOPMENT CONTROL

DCP

REQUIREMENTS

PROPOSED DEVELOPMENT

COMPLIANCE Bart B Section 6 –

Business Clause

2.34(h)(Centre-based Child Care Facilities – Additional Controls)

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

The development includes two external play areas located within the primary and secondary front setbacks

No – See

comments below

Part C Section 1 – Parking

2.1.1(i)

Stack parking will not be included in the assessment of the number of car parking spaces for retail, commercial, medium density residential and industrial development and the like.

Child Care Centre Control

1 space per employee plus 1 space per 6 children enrolled for visitor/parent parking for a child care centre;

and

120 children with 17 staff:

A total of 38 spaces are provided however 6 of these are provided in a stacked manner which are excluded from the total under the provisions of the DCP.

No – See

comments below.

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DEVELOPMENT ASSESSMENT UNIT MEETING 30 JUNE, 2020

PAGE 14 a) External Play Areas

The DCP requires that the location of external child play areas in the front setback area is not permitted in centre-based child care facilities.

The proposal includes outdoor play areas within the front setback of the site on Old Pitt Town Road and Andromeda Parkway.

The applicant has provided the following justification for the variation.

The proposal includes external play areas within the front setback and a variation is requested for this minor non-compliance. A minor variation is requested for the development on the basis that an overall better design outcome can be achieved.

Providing outdoor play areas for the childcare centre is considered to be a priority above providing a unusable landscaped space at ground level. Thus, more of the total site area has been allocated for children to utilise and enjoy, as opposed to an unusable front setback area, which is considered a higher and better outcome for the development.

Providing the outdoor play area within the front setback does not cause any negative impact on the aesthetics, the design outcome instead improves the streetscape, by providing a more cohesive and integrated outcome between the centre and the streetscape. Finally, there are no safety issues arising from the outdoor play area within the setback as fences, levels and landscaping provide appropriate buffers.

Comment:

The relevant objectives of this clause of the DCP are:

To ensure that adequate area is provided to permit high-quality landscape planting for the development.

To ensure that external play areas are located to provide a safe environment for children.

To ensure a high standard of environmental quality in child care centre developments and to maintain the overall visual amenity and character of the neighbourhood.

To provide a satisfactory relationship between buildings, landscaped areas and adjoining developments.

It is considered that the location of the external play is designed to minimise potential noise and privacy impacts on the rear adjoining residential properties. The building is located to the northwest of the outdoor play area to buffer noise from the closest residential receivers.

The external play area is adequate in size, and contains usable play areas that provide a safe environment for children. Masonry retaining walls to a minimum height of 600mm have been implemented to each frontage to act as a crash barrier. This would ensure a safe environment for children and prevent a vehicle or debris going into the child play area.

A condition of consent is recommended that a suitably qualified person is required to design/certify the crash barrier that extends the entire length of the childcare centre outdoor play area fronting Andromeda Parkway and Old Pitt Town Road. The crash barrier is to be

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DEVELOPMENT ASSESSMENT UNIT MEETING 30 JUNE, 2020

PAGE 15 designed and installed to RMS specification to prevent a vehicle or debris from entering the outdoor children’s play area (refer to condition Nos. 58 and 74).

In view of the above, the variation to the location of the external play area is considered to be consistent with the objectives of Clause 2.34 of The Hills DCP Part B Section 6 – Business. The variation is considered satisfactory and not sufficient grounds for refusal.

b) Parking

Clause 2.1.1(i) of the DCP requires:

• Stack parking will not be included in the assessment of the number of car parking spaces for retail, commercial, medium density residential and industrial development and the like.

The child care centres proposes a maximum of 120 children with 17 staff which results in 20 plus 17 car parking spaces being required. This results in a total of 37 car parking spaces being required.

A total of 32 car parking spaces are proposed within the basement carpark, non-inclusive of stacked spaces. The applicant has provided the following justification in addressing the variation:

The proposal complies with visitor parking. For staff parking the proposal includes 6 spaces stacked behind 6 other staff spaces. This is due to site constraints. Staff will have a system based on their shift times for using the stacked spaces efficiently.

Comment:

The relevant objectives of this clause of the DCP are as follows:

(i) To provide sufficient parking that is convenient for the use of residents, employees and visitors of the development

The proposed variation to car parking is considered satisfactory as an additional six spaces are provided in a stack arrangement to the rear of the staff spaces. The inclusion of the stack spaces in the calculations would result in total of 38 spaces. As such, the site can accommodate 38 car parking spaces despite the 6 stack spaces exclusion from the parking calculations. Furthermore, the six stack spaces (and six spaces located forward of the stack spaces) have been designated to staff of the development rather than visitors, who can coordinate space allocation based on working hours.

Given the proposal provides 38 car parking spaces in total, it is considered that the development meets the objectives of clause 2 as sufficient parking that is convenient has bene provided for the use of employees and visitors to the child care development.

As such, the proposed variation to car parking for the development is considered satisfactory for the development.

6. Issues Raised in Submissions

The proposal was exhibited and 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 30 JUNE, 2020

PAGE 16

ISSUE/OBJECTION COMMENT

Additional traffic in the locality and impact on key intersections as a result of the 120 place child care centre.

While the proposed development is expected to see a slight increase of traffic, a traffic report was submitted by the applicant demonstrating that the existing road network and key intersections can accommodate the minor increase.

The application was referred to Council’s Traffic team who raised no objection to the proposal in terms of traffic impact as a result of the increasing volumes.

Noise impacts from construction and road works for the development.

A condition is recommended requiring construction work to be limited to 7am – 5pm Monday to Saturday and no work permitted on Sundays or public holidays (Refer to Condition No. 48). It is noted that construction work, including building and demolitions, may be undertaken on Saturdays, Sundays, and public holidays under the COVID-19 Legislation Amendment (emergency Measures – Miscellaneous) Act 2020, while the legislation remains in place.

A further condition of consent has been implemented to ensure the emission of noise from the construction of the development shall comply with the Interim Construction Noise Guideline published by the Department of Environment and Climate Change (July 2009)(Refer to Condition No.56).

Overflow parking from the carpark will be required on the streets which does not have the capacity to accommodate additional parking.

The shortfall in parking on the site has been discussed in the body report, as is deemed satisfactory. Although stack parking spaces are proposed, it is noted that the proposal includes a total of 38 onsite car parking spaces which is consistent with the rates for child care centres in outlined within the DCP. Notwithstanding, parking is not permitted on Old Pitt Town Road. Currently there are no signposted parking restrictions along the Andromeda Parkway frontage of the development.. Therefore any parents parking on either street can do so provided they do not park contrary to the existing NSW Road Rules (i.e. park within 10m of an intersection or park in such a way as to obstruct a driveway).

Acoustic impact of the child care centre on the adjoining residential developments.

An Acoustic report was submitted with the development application to determine the impact of noise on the adjoining residential properties.

The proposal was designed to ensure that the building was located in the northwest of the site with the larger play area located to the front to utilise the building as a noise barrier. In addition,

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DEVELOPMENT ASSESSMENT UNIT MEETING 30 JUNE, 2020

PAGE 17

ISSUE/OBJECTION COMMENT

acoustic fencing has been implemented in accordance with the findings of the acoustic report.

As a result, the development is considered to be satisfactory subject to conditions ensuring the recommendations of the acoustic report are implemented (See Condition Nos. 15, 24, 32, 72, 80, 85 and 86).

The child care centre and proposed commercial use is inappropriate within a residential zone, particularly ‘the ridge’

character area and general aesthetic within the Box Hill Precinct.

The land is zoned R2 Low Density Residential under Appendix 11 of SEPP (Sydney Region Growth Centres) 2006. A ‘centre-based child care facility’ is permitted in the R2 Low Density zone.

The ridge area is characterised by one or two storey detached housing with large setbacks and provides a buffer between the high density land and rural land to the north of Pitt Town Road.

The development complies with the provisions of the Box Hill DCP given the child care centre complies with the nominated controls specified for non-residential development in residential zones, including setbacks, site coverage and landscaped area. Furthermore, the built form of the development is consistent with the envisioned ridge character given that building is two storeys with compliant setbacks. The building complies with the height control and does not obstruct views along the ridge. Large setbacks implemented to the Old Pitt Town Road frontage and high quality landscape planting within the site ensure that the desired visual outcome is achieved in providing an appropriate buffer to the rural zoned land adjacent.

The proposal would result in a reduction in property values.

This is not a matter for consideration under the Environmental Planning and Assessment Act 1979.

7. Internal Referrals TRAFFIC

i) Existing Traffic Environment

The application proposes to seek approval for a child care centre at Lot 1002 Old Pitt Town Road, Box Hill. The traffic report prepared by Motion Traffic Engineers has been submitted in support of the application.

Old Pitt Town Road is classified as a sub-arterial road under Council’s Road Hierarchy and accommodates one lane of traffic in either direction within an undivided 7.5m wide carriageway and a posted speed limit of 70km/hr. The site serves a link to local and arterial road systems as it connects Nelson road, Terry road and George road to Windsor Road.

Andromeda Parkway is a local road with a default speed limit of 50km/hr.

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PAGE 18 ii) Cumulative Impact on Locality

The consultant’s traffic report does not provide any traffic count data however refers to Roads and Maritime Services Guide to Traffic Generating Developments recommendation of an hourly trip generation rate of 0.8 vehicle trips per child during the AM peak period and 0.7 vehicle trips per child during the PM peak period for long-day child care centres. Application of this rate to the 140 place child care centre results in:

• 112 vehicle trips per hour during the AM peak period

• 98 vehicle trips per hour during the PM peak period

Given that the vehicle trips will be split between incoming/out coming vehicles and distributed in both directions onto Andromeda Parkway, the impact on the wider network is considered to be minimal.

The report has used SIDRA Analysis to assess the movement performance following the inclusion of the child care centre. The analysis shows that a LOS of A is retained, with minor increases to intersection delays and saturation.

i) Sight Distance and other Safety Issues

The applicant proposes vehicular access to occur via a combined ingress/egress driveway of Andromeda Parkway. The sight distance requirements are within acceptable limits of the minimum safe intersection sight distances for the slow moving turning vehicles.

i) Recommendations

While the proposed development is expected to see a slight increase in traffic, existing intersections are expected to accommodate the minor increase in traffic. This is reiterated by Sidra analysis which shows that the proposed development traffic would retain its current LOS at key intersections. There are no objections to the proposal in terms of traffic impact as a result of the increasing volumes.

All access into the site must be provided off Andromeda Pwy to enable safe movement to and from the centre as Old Pitt town Road is expected to experience increasing traffic volumes that are reflective of a sub-arterial road in future.

ENVIRONMENT AND HEALTH

Environmental Health has reviewed the application for the proposed childcare centre at 1 Andromeda Parkway, Box Hill and can confirm that subject to specific acoustic conditions the application is supported.

The childcare centre application was lodged with an acoustic report that included a review of the potential noise from the site, confirmed site specific noise levels and provided recommendations regarding acoustic treatment required to ensure that the noise levels have been met.

The original design of the childcare centre had been amended to ensure that offensive noise from the use of the site can be mitigated. The noise mitigation measures proposed at the site include acoustic fencing to be installed to the perimeter of the outdoor play area as well as the property boundaries. Both the western and eastern outdoor play areas have limits on the number of children that can play in these areas at any one time. The childcare centre is required to operate in accordance with a noise management plan.

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PAGE 19 A site specific noise level has been identified for the site and a condition of consent has been provided to check that this noise level is being met, within 3 months of the issue of the occupation certificate. If at this stage the site specific noise level has not been met then additional measures are required to be installed or undertaken to ensure compliance with the site specific noise level.

Conditions have been provided to ensure that the acoustic measures installed at the site are maintained, in the manner in which they are approved, for the life of the development. The proposed hours of operation are considered suitable in that the childcare centre will not be operating in the evening and night time noise periods as defined by the Noise Policy for Industry, thereby minimising the noise impacts on the neighbouring residential properties.

There is a crash barrier located between the childcare centre outdoor area and the road and a condition of consent has been provided requiring that this barrier is maintained in the manner in which it was approved, at all times. In addition a condition of consent requires the barrier to be checked for damage and the outdoor play area to be closed should the crash barrier be found to be damaged.

The kitchen fitout will comply with the requirements of the Australian Standard AS 4674- 2004 – Design, construction and fit-out of food premises.

The application was also referred to following sections of Council who raised no objection to the proposal subject to conditions:

• Engineering

• Resource Recovery

• Landscaping/Trees

• Contributions 8. External Referrals

Integrated Development – NSW RFS

The application is classified as ‘integrated development’ pursuant to Section 4.46 of the Environmental Planning and Assessment Act, 1979 as the development requires approval from the NSW Rural Fire Service under the provisions of the Rural Fires Act 1997. As a result, General Terms of Approval and a Bush Fire Safety Authority was issued on 15 May 2020 (Attachment 10).

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, State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, State Environmental Planning Policy No. 55, State Environmental Planning Policy (Sydney Region Growth Centres) 2006 and Box Hill Development Control Plan 2018 and is considered satisfactory.

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.

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PAGE 20 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 of consent.

GENERAL MATTERS

1. Development in Accordance with Submitted Plans (as amended)

The development being carried out in accordance with the approved plans and details submitted to Council, as amended in red, stamped and returned with this consent.

The amendments in red include:

• No signage is approved under this Development Application.

• Privacy screen to the northern elevation is to be extended to the total extent of the carpark below.

• A screen or gate to a minimum height of 1.8m is to be provided for the bin storage area to restrict views from the street.

• A masonry wall to a minimum height of 600mm above natural ground level is to be provided to the outdoor play area along the Andromeda Parkway frontage to the west of the site. The wall is to act as a crash barrier and is to be integrated into the fencing proposed.

REFERENCED PLANS AND DOCUMENTS

DRAWING NO DESCRIPTION SHEET REVISION DATE

950 Cover Sheet - 23 08/05/2020

950 Ground Floor and Basement Plan 101 23 08/05/2020

950 First Floor and Roof Plan 102 23 08/05/2020

950 Southern and Eastern Elevations 103 23 08/05/2020 950 Western and Northern Elevations 104 23 08/05/2020 950 Area Plan & Materials and

Finishes

105 23 08/05/2020

18-3893 LO1 Landscape Plan 1 of 2 C 12/05/2020

18-3893 LO2 Landscape Details 1 of 2 C 12/05/2020

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.

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PAGE 21 2. External Finishes

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

3. Compliance with NSW Rural Fire Service General Terms of Approval

Compliance with the General Terms of Approval of the NSW Rural Fire Service attached as Appendix (A) to this consent and dated 15 May 2020.

4. 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.

5. Provision of Parking Spaces

The development is required to be provided with 38 off-street car parking spaces. These car parking spaces shall be available for off street parking at all times.

6. Separate application for signs

A separate application is to be submitted to, and approved by, Council prior to the erection of any advertisements or advertising structures. No signage for the site is approved under this consent.

7. Protection of Public Infrastructure

Adequate protection must be provided prior to work commencing and maintained during building operations so that no damage is caused to public infrastructure as a result of the works. Public infrastructure includes the road pavement, kerb and gutter, concrete footpaths, drainage structures, utilities and landscaping fronting the site. The certifier is responsible for inspecting the public infrastructure for compliance with this condition before an Occupation Certificate or Subdivision Certificate is issued. Any damage must be made good in accordance with the requirements of Council and to the satisfaction of Council.

8. Vehicular Access and Parking

The formation, surfacing and drainage of all driveways, parking modules, circulation roadways and ramps are required, with their design and construction complying with:

• AS/ NZS 2890.1

• AS/ NZS 2890.6

• AS 2890.2

• DCP Part C Section 1 – Parking

• Council’s Driveway Specifications

Where conflict exists the Australian Standard must be used.

The following must be provided:

• The driveway profile must be redesigned to ensure the gradient within the footpath verge complies with the Council’s design standards.

• All driveways and car parking areas must be prominently and permanently line marked, signposted and maintained to ensure entry and exit is in a forward direction at all times and that parking and traffic circulation is appropriately controlled.

• All driveways and car parking areas must be separated from landscaped areas by a low level concrete kerb or wall.

• All driveways and car parking areas must be concrete or bitumen. The design must consider the largest design service vehicle expected to enter the site. In rural areas, all driveways and car parking areas must provide for a formed all weather finish.

• All driveways and car parking areas must be graded, collected and drained by pits and pipes to a suitable point of legal discharge.

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PAGE 22 9. Vehicular Crossing Request

The driveway requires the lodgement of a separate vehicular crossing request accompanied by the applicable fee as per Council’s Schedule of Fees and Charges. The vehicular crossing request must be lodged before an Occupation Certificate is issued. The vehicular crossing request must nominate a contractor and be accompanied by a copy of their current public liability insurance policy. Do not lodge the vehicular crossing request until the contactor is known and the driveway is going to be constructed.

10. Minor Engineering Works

The design and construction of the engineering works listed below must be provided for in accordance with Council’s Design Guidelines Subdivisions/ Developments and Works Specifications Subdivisions/ Developments.

Works on existing public roads or any other land under the care and control of Council must be approved and inspected by Council in accordance with the Roads Act 1993 or the Local Government Act 1993. A separate minor engineering works application and inspection fee is payable as per Council’s Schedule of Fees and Charges.

a) Driveway Requirements

The design, finish, gradient and location of all driveway crossings must comply with the above documents and Council’s Driveway Specifications.

The proposed driveway/s must be built to Council’s medium duty standard.

The driveway must be 6m wide at the boundary splayed to 8.0m wide at the kerb.

The driveway must be a minimum of 6m wide for the first 6m into the site, measured from the boundary.

Specifically, unless additional driveway crossings are clearly shown on the approved plans, only one driveway crossing is approved/ permitted.

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

b) Disused Layback/ Driveway Removal

All disused laybacks and driveways must be removed and replaced with kerb and gutter together with the restoration and turfing of the adjoining footpath verge area. Specifically, this includes the removal of any existing laybacks, regardless of whether they were in use beforehand or not.

c) Concrete Footpath Paving

A 1.5m wide concrete footpath paving, including access ramps at all intersections, must be provided across the Old Pitt Town road and Andromeda Parkway frontages of the development site transitioning into the existing footpath adjacent in accordance with the above documents.

d) Footpath Verge Formation

The grading, trimming, topsoiling and turfing of the Old Pitt Town road and Andromeda Parkway footpath verge fronting the development site is required to ensure a gradient between 2% and 4% falling from the boundary to the top of kerb is provided. This work must include the construction of any retaining walls necessary to ensure complying grades within the footpath verge area. All retaining walls and associated footings must be contained wholly within the subject site. Any necessary adjustment or relocation of services is also required,

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PAGE 23 to the requirements of the relevant service authority. All service pits and lids must match the finished surface level.

e) Site Stormwater Drainage

The entire site area must be graded, collected and drained by pits and pipes to a suitable point of legal discharge.

f) Earthworks/ Site Regrading

Earthworks are limited to that shown on the approved plans. Where earthworks are not shown on the approved plan the topsoil within lots must not be disturbed.

Retaining walls are limited to those locations and heights shown on the stamped plans.

Retaining walls between lots must be located on the high side lot that is being retained, save the need for easements for support on the low side lot adjacent.

11. Street Trees

Street trees must be provided for the section of Old Pitt Town Road and Andromeda Parkway fronting the development site spaced between 7m and 10m apart frontage. For corner lots, except with separately approved, there should be one tree on the primary frontage and two trees on the secondary frontage. The location of street trees must be considerate of driveways, services, drainage pits and sight lines at intersections. The species and size of street trees must comply with the requirements of Council. This includes a street tree masterplan where one exists (check Council’s website for details). Details demonstrating compliance with the above must be submitted for approval before any street trees are planted.

The establishment of street tree planting is included in the maintenance bond required to be paid. Alternatively, street trees can be planted by Council subject to payment of the applicable fee as per Council’s Schedule of Fees and Charges.

12. Road Opening Permit

Should the subdivision/ development necessitate the installation or upgrading of utility services or any other works on Council land beyond the immediate road frontage of the development site and these works are not covered by a Construction Certificate issued by Council under this consent then a separate road opening permit must be applied for and the works inspected by Council’s Maintenance Services team.

The contractor is responsible for instructing sub-contractors or service authority providers of this requirement. Contact Council’s Construction Engineer if it is unclear whether a separate road opening permit is required.

13. 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 an Accredited Certifier.

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

14. 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.

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PAGE 24 15. Acoustic Requirements

The recommendations of the Acoustic Assessment and Report prepared by VMS Australia Pty Ltd, referenced as Report number 10-1610, dated 1 May 2020 and submitted as part of the Development Application are to be implemented as part of this approval. In particular:

• Acoustic fencing is to be installed as per the requirements outlined in Table 8 – Recommended Fencing Heights. A 2.4m fence and a 1.8m fence;

• Fences are to be solid and constructed and maintained without gaps;

16. Adherence to Waste Management Plan

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.

17. Waste and Recycling Collection Contract

There must be a contract in place with a licenced contractor for the removal and lawful disposal of all waste generated on site. Written evidence of a valid and current collection and disposal contract must be held on site at all times and produced in a legible form to any authorised officer of the Council who asks to see it.

18. Management of Construction 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.

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PAGE 25 19. Disposal of Surplus Excavated Material

The disposal of surplus excavated material, other than to a licenced waste facility, is not permitted without the previous written approval of Council prior to works commencing on site. Any unauthorized disposal of waste, which includes excavated material, is a breach of the Protection of the Environment Operations Act 1997 and subject to substantial penalties.

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.

20. 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.

21. Construction of Waste Storage Area

The waste storage area must be designed and constructed in accordance with the following requirements. The area must provide minimum storage facility for 2 x 1100 litre bins.

• The waste storage area must be of adequate size to comfortably store and manoeuvre the total minimum required number of bins as specified above.

• The layout of the waste storage area must ensure that each bin is easily accessible and manoeuvrable in and out of the areas with no manual handling of other bins. All internal walkways must be at least 1.5m wide.

• The walls of the waste storage area must be constructed of brickwork.

• The floor of the waste storage area must be constructed of concrete with a smooth non-slip finish, graded and drained to sewer. The rooms must not contain ramps and must be roofed (if located external to the building).

• The waste storage area must have a waste servicing door, with a minimum clear floor width of 1.5m. The door must be located to allow the most direct access to the bins by collection contractors. Acceptable waste servicing doors are single or double swinging doors and roller doors (preferred).

• The waste storage area must have a staff access door. Suitable staff access doors are single or double swinging doors. The staff access door can double up as the waste servicing door provided the clear floor width is at least 1.5m and not a roller door.

• All doors of the waste storage area, when fully opened, must be flush with the outside wall(s) and must not block or obstruct car park aisles or footways. All doors must be able to be fixed in position when fully opened.

• The waste storage area must be adequately ventilated (mechanically if located within the building footprint). Vented waste storage areas should not be connected to the same ventilation system supplying air to the child care centre.

• The waste storage area must be provided with a hose tap (hot and cold mixer), connected to a water supply. If the tap is located inside the waste storage area, it is not to conflict with the space designated for the placement of bins.

• The waste storage area must be provided with internal lighting such as automatic sensor lights.

• The maximum grade acceptable for moving bins for collection purposes is 5%. Under no circumstance is this grade to be exceeded. It is to allow the safe and efficient servicing of bins.

• The waste storage area must have appropriate signage (EPA approved designs can be found on the NSW EPA website), mounted in a visible location on internal walls and are to be permanently maintained by the Owners Corporation.

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PAGE 26

• Finishes and colours of the waste storage area are to complement the design of the development.

Example Bin Measurements (mm) 1100L: 1245 (d) 1370 (w) 1470 (h) 22. Number of Children and Staff

The maximum number of children at the centre at any one time is to be limited to 120. The breakdown of children is to be as follows:

• Age 0 to 2 year olds - 20 Children

• Age 2 to 3 year olds – 20 Children

• Age 3 to 5 year olds – 80 Children

The maximum number of staff at the centre at any one time is to be limited to 17.

23. Education and Care Services National Regulations

The design of the child care centre must conform to the requirements of the Education and Care Services National Regulations.

24. Acoustic Fencing – Perimeter of the outdoor play area

The open style fencing located above the masonry wall, on the perimeter of the outdoor play area and shown in detail on the landscape plan, labelled as masonry wall with 1500mm high open style fencing to architects detail, is to be made solid by the provision of clear solid Perspex to serve the purpose of noise attenuation. The effectiveness of this noise barrier should be assessed as part of the Acoustic Compliance Report submitted within 3 months of the operation of the development. This fence is to be maintained solid and gap free for the life of the development.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 25. Stormwater Pump/ Basement Car Park Requirements

The stormwater pump-out system must be designed and constructed in accordance with AS/

NZS 3500.3:2015 - Plumbing and Drainage - Stormwater drainage. The system must be connected to the Onsite Stormwater Detention system before runoff is discharged to the street (or other point of legal discharge) along with the remaining site runoff, under gravity.

All plans, calculations, hydraulic details and manufacturer specifications for the pump must be submitted with certification from the designer confirming compliance with the above requirements.

26. Works in Existing Easement

All adjoining properties either benefited or burdened by the existing easement must be notified of the proposed works within the easement in writing, including commencement and completion dates, before a Construction Certificate or Subdivision Works Certificate is issued.

27. Works on Adjoining Land

Where the engineering works included in the scope of this approval extend into adjoining land, written consent from all affected adjoining property owners must be obtained and submitted to Council before a Construction Certificate or Subdivision Works Certificate is issued.

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PAGE 27 28. Security Bond – Road Pavement and Public Asset Protection

In accordance with Section 4.17(6) of the Environmental Planning and Assessment Act 1979, a security bond of $25,000.00 is required to be submitted to Council to guarantee the protection of the road pavement and other public assets in the vicinity of the site during construction works. The above amount is calculated at the per square metre rate set by Council’s Schedule of Fees and Charges, with the area calculated based on the road frontage of the subject site plus an additional 50m on either side (135m Old Pitt Town Road and 160m Andromeda Parkway) multiplied by the width of the road (6m).

The bond must be lodged with Council before a Construction Certificate is issued.

The bond is refundable upon written application to Council and is subject to all work being restored to Council’s satisfaction. Should the cost of restoring any damage exceed the value of the bond, Council will undertake the works and issue an invoice for the recovery of these costs.

29. Security Bond Requirements

A security bond may be submitted in lieu of a cash bond. The security bond must:

• Be in favour of The Hills Shire Council;

• Be issued by a financial institution or other accredited underwriter approved by, and in a format acceptable to, Council (for example, a bank guarantee or unconditional insurance undertaking);

• Have no expiry date;

• Reference the development application, condition and matter to which it relates;

• Be equal to the amount required to be paid in accordance with the relevant condition;

• Be itemised, if a single security bond is used for multiple items.

Should Council need to uplift the security bond, notice in writing will be forwarded to the applicant 14 days prior.

30. Erosion & Sediment Control Plan

Submission of an Erosion and Sediment Control Plan to the Principal Certifier, including details of:

a) Allotment boundaries

b) Location of the adjoining roads c) Contours

d) Existing vegetation e) Existing site drainage f) Critical natural areas g) Location of stockpiles h) Erosion control practices i) Sediment control practices

j) Outline of a maintenance program for the erosion and sediment controls

(NOTE: For guidance on the preparation of the Plan refer to ‘Managing Urban Stormwater Soils & Construction’ produced by the NSW Department of Housing).

31. Section 7.11 Contribution

The following monetary contributions must be paid to Council in accordance with Section 7.11 of the Environmental Planning and Assessment Act, 1979, to provide for the increased demand for public amenities and services resulting from the development.

Payments comprise of the following:-

References

Related documents

LOCAL PLANNING PANEL MEETING 18 APRIL, 2018 THE HILLS SHIRE PAGE 9 DEVELOPMENT CONTROL DCP REQUIREMENTS PROPOSED DEVELOPMENT COMPLIANCE Part D Section 5 -