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Academic year: 2023



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The changed plans reduced the width of the residence and increased the setback to the northern border. The proposed development is not considered to have an unreasonable impact on the privacy or quality of life of adjacent homes or the rural character of the area. The proposed development is expected to preserve the existing rural landscape of the cluster allotment and fits within the objectives of the area.

The width of the dwelling is in response to the irregular shaped allocation and topography of the site. The proposed dwelling is set back 11m from the northern (communal) property boundary which exceeds the required 5m side setback. The area to the west of the existing residence on the site in question has had a pre-established tennis court base for the past 30 years.

Stormwater overflow will have an impact on the adjacent property due to inadequate soil conditions and location of the stormwater outlet.

Internal Referrals

Development in Accordance with Submitted Plans (as amended)

Imported ‘Waste Derived’ Fill Material


Light Restriction – Tennis Court

Private Use of Tennis Court

Chainwire Fencing

Construction Certificate

No work (including excavation, earth filling or soil reshaping) may be carried out before the Building Certificate is issued where a Building Certificate is required. Plans submitted with the Building Certificate must be amended to incorporate the conditions of the planning permission.

Building Work to be in Accordance with BCA

Adherence to Waste Management Plan

Management of Construction and/or Demolition Waste

Commencement of Domestic Waste Service

Disposal of Surplus Excavated Material

Provision of Domestic Waste Storage Area

Tree Removal

Demolition Inspections

Demolition Notification

Bushfire Requirements - BAL 29 – Rural i) Asset Protection Zones

A hardened ground surface for lorry access shall be provided within 4 meters of the access hole. Connecting the tank outlet to the pump may require a 65mm to 38mm reduction fitting. Limit planting in the immediate vicinity of the building which, over time and if not properly maintained, may come into contact with the building.

When considering landscape species, the approximate size of the plant at maturity should be taken into account; In accordance with Section 4.17(1) of the Environmental Planning and Assessment Act 1979, and The Hills Section 7.12 Contributions Plan, a contribution is paid to the Council. This amount must be adjusted at the time of the actual payment in accordance with the provisions of the Hills Article 7.12 Contribution Plan.

You are advised that the maximum percentage of development levy under Section 7.12 of the Act with proposed construction costs is within the range specified in the table below;.

Onsite Stormwater Detention – Hawkesbury River Catchment Area (Rural)

Application to Install/Amend a system of Sewage Management

Structural Engineering Plans

Demolition Works and Asbestos Management

Sydney Water Building Plan Approval

Management of Building Sites

Consultation with Service Authorities

Approved Temporary Closet

Erosion and Sedimentation Controls

Stabilised Access Point

Details and Signage - Principal Contractor and Principal Certifying Authority Details

Removal of Septic Tank and Effluent Disposal Area

Dust Control

Asbestos Removal

Hours of Work

Roof Water Drainage

Survey Report and Site Sketch

Compliance with BASIX Certificate

Critical Stage Inspections and Inspections Nominated by the PCA

Landscaping Works

Dropped Edge Beam

Filtration Motor Noise

Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square meters 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 .

Pool Discharge Water

Pool Concourse – Grades

Pool not to be Filled Until Occupation

Temporary Fencing of Pools

Swimming Pool Safety Fencing

Resuscitation Warning Notice

OSD System Certification

Installation/Amendment of System of Sewage Management

Landscaping Prior to Issue of any Occupation Certificate

Retaining Walls

Registration of Swimming Pool/Spa

Glazing for Pool Fencing

Construction of Swimming Pool Barrier

Structural Engineers Certificate

Maintenance of Landscaping Works








Compliance with SEPP (Educational Establishments and Child Care Facilities) 2017

A meeting was held on 7 March 2018 and the applicant was informed that there were still concerns about the proposed development. The applicant states that there will be no conflicts between the user functions since peak times do not coincide. The development is classified as 'Integrated Development' as the proposal involves the development of forest fire prone land for a special fire protection purpose (Child Care Centre).

The development is also classified as a Designated Integrated Development due to the works taking place within 40m of the Dooral Dooral Brook. The policy aims to facilitate the effective provision of educational institutions and early childhood education and care facilities across the state. The SEPP sets out that an approving authority must take into account the Childcare and National Care Planning Guidelines.

Before determining a development application for a development for the purpose of a child care facility in the centre, the consent authority must take into account all applicable provisions of the Child Care Planning Guidelines in relation to the proposed development. The proposal is inconsistent with The Hills DCP in terms of site coverage, infill, landscaping and waste water.

The plans do not clearly show the extent of development in relation to the terrestrial layer of biodiversity. The site contains Dooral Dooral Creek and based on NSW NRAR guidelines a 40 meter riparian corridor would extend from the top of the south bank towards the subject development. Terrestrial biodiversity is subject to the impacts of land that must be managed as a protected area (PAZ).

The Flora and Fauna Report noted that the APZ has no impact on the riparian buffer area. However, there is uncertainty about the vegetation classification for bushfire purposes as raised in the NSW RFS letter, and therefore the APZ has yet to be determined. Further information is required to assess the Asset Protection Zone and associated impacts on native vegetation, the land biodiversity (clause 7.4) and the impacts on the 40m riparian buffer zone.

Vegetation classification for wildfire modeling purposes should be reviewed against the RFS comments and the amended Wildfire Report and Flora and Fauna Report submitted in consideration of the above requirements. Insufficient information was submitted to consider clause 7.4 of the LEP and determine measures that will prevent, reduce or mitigate the identified impacts. Additionally, based on the level of information, NSW Rural Fire Service and NSW NRAR have not issued an approval.

Compliance with The Hills Development Control Plan 2012

The proposal has not been designed with the natural environment in mind and will have an unacceptable impact on surrounding land uses within this zone. The variation in site coverage is directly attributed to the additional works proposed for the childcare facility. The proposed site coverage will contribute to the over-intensification of use on the subject site and the proposal's incompatibility with the rural-residential nature of the site.

The site coverage control seeks to address the potential visual and operational impacts that a development may have on adjacent properties and the location. The scale, location and visual appearance of new development maintains the open country feel of the landscape and preserves the natural beauty and environmental characteristics of the area. The location of new rural/residential development is to take into account the potential impacts arising from existing adjacent rural business activities.

It is proposed to provide a single level outdoor play area and the variation to be filled is not satisfactory as the works involved will detract from the appearance of the site concerned, particularly when viewed from the rear of the site. The proposed variation to fill is not supported because the environmental impacts on the biodiversity features, including the provision of APZs, at the site have not been addressed by the applicant and are unknown. The site does not currently have access to the Sydney Water sewage system. The nearest sewage system is available about 250 meters away.

Due to site constraints (steep slope to the rear, Dooral Dooral Creek and existing restaurant and housing) there is no land available for on-site waste disposal for the childcare centre. A pumping system for the childcare system is not supported due to the storage required (estimated at 28,000 L) and the amount of wastewater generated to be pumped each week. A 'letter of conditions' was provided by Sydney Water, dated 2 March 2017, detailing the requirements for the possibility of constructing an access to facilitate the connection of a private pump service from the premises property to the existing 300mm sewer network which located approximately 250 m away. southwest through Crown Land.

However, a number of supporting documents were included; there is no information from the landowner (Crown Lands) to suggest that an easement would be possible to facilitate the Sydney Water main sewer extension. A potential connection to the Sydney Water sewer would require consent from the landowner.

Total 39 spaces (childcare centre)

  • Potential Impacts on the Rural-Residential Amenity
  • Issues Raised in Submissions
  • Internal Referrals
  • External Referrals NSW Rural Fire Service

It is recommended that the development be refused due to the over developed nature of the proposal and the excessive intensity of use on this site. The Child Care Center meets the minimum building setback requirements with the exception of the parking lot setback where the proposal includes the conversion of the existing front parking lot. Slowing down traffic at the entrance and exit of the area will affect the volume and flow of traffic due to the proximity of the roundabout.

Specifically, the cumulative noise impact of childcare next to an existing restaurant. The applicant has not addressed all impacts, including noise and visual impacts, arising from the design and location of the proposed outdoor playground. The applicant has not addressed the relevant ecological and fire requirements regarding the impact on the Dooral Dooral Creek corridor.

Two separate large commercial uses on this rural plot are considered to be inconsistent with the rural-residential character of the site. The proposed center is permitted by consent and the applicant is aware that opening the center will be a commercial risk. The restaurant is popular and the suggestion that childcare be outside of Entrata opening hours will not apply.

Due to site constraints (steep rear slope, Doooral Dooral Creek and existing uses [restaurant and residential]), there is no available land for on-site sewage disposal for the Children's Centre. The location of the proposed driveway on Bannerman Road is evidence of compliance with Section 3.2.3 of AS 2890.1 on the submitted plans. Correspondence from the Rural Fire Service (RFS) dated 14 December 2018 noted the misrepresentation of vegetation classification for bushfire modeling purposes.

There are a number of trees directly affected by the proposal that have not been identified in the plans and there may be additional trees affected for the creation of the necessary asset protection zones. No consideration has been given to the vegetation to the north-west of the proposed building, beyond Bannerman Road. The site has been identified as having a local determination of 'Biodiversity' as set out in clause 7.4 of The Hills Local Environmental Plan 2012.

The proposal is considered unsatisfactory mainly due to the over-developed nature of the proposal, over-intensification of use on the subject page and insufficient information for the competition authorities to issue their General Conditions of Approval.







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