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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 08 October 2019

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

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 OCTOBER, 2019

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 1270/2019/ZB - SUBDIVISION CREATING THREE RESIDENTIAL LOTS - LOT 9 DP 730150, 62A GRANGE ROAD, GLENHAVEN

5

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 OCTOBER, 2019

PAGE 3 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 1 OCTOBER 2019

PRESENT:

Cameron McKenzie Group Manager – Development & Compliance (Chair) Paul Osborne Manager – Development Assessment

Benjamin Hawkins Manager – Subdivision & Development Certification Craig Woods Manager – Regulatory Services

Angelo Berios Manager – Environment & Health Nicholas Carlton Manager – Forward Planning Kristine McKenzie Principal Executive Planner

APOLOGIES Nil

TIME OF COMMENCEMENT 8:30am

TIME OF COMPLETION 8:40am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 17 September 2019 be confirmed.

ITEM-2 DA 1386/2019/HA - DEMOLITION OF EXISTING STRUCTURES, ALTERATIONS TO THE EXISTING DECK AND CONSTRUCTION OF A CARPORT AND DETACHED SECONDARY DWELLING PURSUANT TO SEPP AFFORDABLE RENTAL HOUSING - LOT 39 DP 235228, NO. 3 TARRILLI PLACE 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 approved subject to conditions in the report.

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 OCTOBER, 2019

PAGE 4 REASONS FOR THE DECISION:

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

 LEP 2012 – Satisfactory.

 SEPP (Affordable Rental Housing) 2009 – Satisfactory.

 SEPP No 55 – Remediation of Land – Satisfactory.

 DCP Part B Section 2 – Residential – Variations required but satisfactory.

 DCP Part C Section 4 – Heritage – Satisfactory.

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.

NB: A further submission on behalf of an adjoining property was tabled and discussed.

ITEM-3 DA 1795/2019/LD – DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF A TWO STOREY DWELLING – LOT 129 DP 236172, NO. 37 QUINTANA AVENUE, BAULKHAM HILLS

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 approved subject to conditions in the report.

REASONS FOR THE DECISION:

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

 The Hills LEP 2012 – Satisfactory.

 DCP Part B Section 2 Residential – Variation but satisfactory.

 Section 7.12 Contribution: $4,966.50.

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.

END MINUTES

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 OCTOBER, 2019

PAGE 5 ITEM-2 1270/2019/ZB - SUBDIVISION CREATING THREE RESIDENTIAL LOTS - LOT 9 DP 730150, 62A GRANGE ROAD, GLENHAVEN

THEME: Valuing our Surroundings

OUTCOME: 5 Well planned and liveable neighbourhoods that meets growth targets and maintains amenity.

STRATEGY:

9.3 Manage new and existing development with a robust framework of policies, plans and processes that is in accordance with community needs and expectations.

MEETING DATE: 8 OCTOBER 2019

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR TOWN PLANNER

GANNON CUNEO

RESPONSIBLE OFFICER:

MANAGER SUBDIVISION AND DEVELOPMENT CERTIFICATION

BEN HAWKINS

Applicant Wilson Planning Owner Mrs Jane Louise Noller

Notification 21 days

Number Advised 27

Number of Submissions One (on behalf of two adjoining properties) Zoning R2 Low Density Residential

Site Area 4,314.01 square metres List of all relevant s4.15(1)(a)

matters

Section 4.15 (EP&A Act) – Satisfactory The Hills LEP 2012 – Satisfactory

SEPP No 55 – Remediation of Land – Satisfactory

The Hills DCP 2012 Part B Section 2 – Residential – Variation; see report

Section 7.12 Contribution – $986.15 Political Donation None Disclosed

Reason for Referral to DAU 1. Variation to DCP.

2. One submission received (on behalf of the owners of two properties)

Recommendation Approval subject to conditions

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 OCTOBER, 2019

PAGE 6 EXECUTIVE SUMMARY

The development application is for a subdivision of one existing lot to create three residential lots. The development application seeks variations to The Hills Development Control Plan 2012 – Part B Section 2 – Residential regarding the minimum required lot depth and by extension the ability for those lots to provide a rectangular building platform. The proposal demonstrates that the lots are able to be reasonably developed with a satisfactory streetscape outcome despite the variations.

The development application was notified and one submission from a solicitor on behalf of two adjoining properties was received in response. The issues raised in the submission relate to the original plan lodged that included an additional lot. The submission also raised concern with the future use of the lots and the increase in traffic along the shared access driveway. These concerns are addressed in the report or were resolved by way of an amended plan that reduced the number of lots by one. Conditions have been recommended also to address the construction impacts along the shared access driveway. The concerns raised in the submission do not warrant further amendment or refusal of the development application.

The development application is recommended for approval subject to conditions.

BACKGROUND

A pre-lodgement meeting was held on 8 May 2018. The development application was lodged on 21 February 2019.

The development application is classified as Integrated Development pursuant to Section 4.46 of the Environmental Planning and Assessment Act 1979 as it seeks to subdivide bush fire prone land. The NSW Rural Fire Service has reviewed the proposal and has issued a Bush Fire Safety Authority subject to conditions.

The development application was originally lodged as a subdivision of one lot creating four residential lots; however the development application was amended by the applicant to remove one lot as a result of the concerns raised by Council staff and through the submission.

PROPOSAL

The development application seeks consent for the following:

 The subdivision of one lot into three residential lots;

 The creation of lots Nos. 2 and 3 as vacant residential lots;

 The retention of the driveway access onto Sandhurst Crescent to service proposed lot No. 1.

 The retention of the existing dwelling on proposed lot 1;

 The construction of new driveway accesses onto Grange Road to service proposed lots 2 and 3;

 Tree removal and replacement planting; and

 Subdivision works (driveway construction and services/ stormwater).

The proposed plan of subdivision is provided in Attachment 6. A site plan showing the existing structures to be retained is provided in Attachment 7.

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 OCTOBER, 2019

PAGE 7 The subject site has an area of 4,314.01m2. The development application seeks approval for tree removal to facilitate the subdivision of the subject site into three lots. The subdivision is proposed to create proposed Lot 1 with an area of 2,909m2, Lot 2 with an area of 703m2 and Lot 3 with an area of 702.9m2.

The site contains a shared driveway within an existing Right of Carriageway and Easement for Services burdening the subject property to the benefit of two adjoining lots, being Lots 3 and 4 DP 730150 (No.’s 7 and 9 Sandhurst Crescent, Glenhaven). DP 730150 showing these existing easements is included in Attachment 10. Proposed lot one seeks to retain access from Sandhurst Crescent to the existing dwelling over the shared driveway with no additional lots having access to the shared driveway.

The development application includes subdivision works including stormwater and services relating to all three lots. Conditions are also recommended requiring driveway crossovers be provided to/ from Grange Road for proposed lots 2 and 3. The existing shared driveway and crossover to/ from Sandhurst Crescent will remain and will service the proposed dwelling on proposed lot one.

The development application seeks to retain the existing structures on the site within the boundaries of proposed lot one which include a singe storey dwelling, detached garage, metal shed, swimming pool and associated pool house. Proposed lots two and three are proposed as vacant lots fronting Grange Road and do not have access to/ from the shared driveway from Sandhurst Crescent. No further development/ subdivision is proposed on proposed lot one under this development application although it is acknowledged the size of this lot does create the potential for further development/ subdivision later.

ISSUES FOR CONSIDERATION

1. Compliance with The Hills Local Environmental Plan 2012 (i) Permissibility

The land is zoned R2 Low Density Residential under The Hills Local Environmental Plan 2012 (LEP). The proposed development is defined as ‘subdivision’. Subdivision is permissible with consent under Clause 2.6 of the LEP.

(ii) Zone Objectives

The site is zoned R2 Low Density Residential under the LEP. The objectives of the zone are:

R2 Zone Objectives

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 development application is consistent with the stated objectives of the zone, particularly in that the proposal will provide opportunities for the orderly development of land in a low density residential environment. The proposal includes the retention of an existing dwelling on one lot and creation of two vacant lots for future development. The proposal is therefore considered to provide a balanced outcome for development of the site and provides for the housing needs of a growing community in a low density residential environment.

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 OCTOBER, 2019

PAGE 8 (iii) Development Standards

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

Clause 2.6 Subdivision – consent requirements

Clause 2.6 of the LEP requires that development consent be sought for subdivision of land to which this clause applies. The development application seeks consent for subdivision and therefore complies with this requirement of the LEP.

Clause 4.1 Minimum subdivision lot size

The subject site is located on land identified on the Lot Size Map under Clause 4.1 of the LEP. In accordance with the requirements of Clause 4.1, the size of any lot resulting from a subdivision of land is not to be less than the minimum size shown on the Lot Size Map. The minimum size shown on the Lot Size Map for the subject site is 700 square metres.

The proposed development seeks to create three residential lots which are identified on the proposed plan of subdivision as Lots 1, 2 and 3. Proposed Lot 1 is identified as having an area of 2,909 square metres which complies with the requirements of Clause 4.1. Proposed lots two and three are identified as having an area of 703 square metres and 702.9 square metres respectively which also complies with the requirements of Clause 4.1.

The proposed lot sizes comply with the requirements of Clause 4.1 of the LEP.

Clause 4.3 Height of buildings

Clause 4.3 of the LEP establishes that the height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. The maximum height of any building on the subject site as shown on the Height of Buildings Map is not to exceed 9 metres.

The existing dwelling on proposed Lot 1 has a maximum height of 7.15 metres, measured from natural ground level to the ridge line of the roof. As such the proposed development complies with the requirements of Clause 4.3 of the LEP.

2. Compliance with The Hills Development Control Plan 2012

The development application has been assessed against the provisions of The Hills Development Control Plan 2012 – Part B Section 2 – Residential (DCP). The proposed development is generally compliant with the relevant requirements of the DCP with the exception of the minor variations noted in the following table:

DEVELOPMENT CONTROL

PROPOSED DEVELOPMENT

COMPLIANCE

2.13.1(c) Minimum Lot Depth – 27m

Lot 1 – 53m Lot 2 – 26.4m Lot 3 – 26.4m

Yes No No 2.13.2(a) Minimum building

platform – 20m x 15m

Lot 1 – Existing dwelling/ site area is capable of containing a 20m x 15m building platform

Lot 2 – 23m x 12m Lot 3 – 23m x 12m

Yes No No

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 OCTOBER, 2019

PAGE 9 The proposal is generally compliant with the development controls outlined in the DCP however the following variations are proposed as noted in the table above.

Residential Lot Depth

The DCP recommends a minimum lot depth requirement of 27 metres to ensure the lot size and appearance is conducive to the established area in which the site is located. The proposal involves subdivision of one lot into three lots, with Lots 2 and 3 facing Grange Road proposing a depth of 26.4 metres. The non-compliant depth to Lots 2 and 3 represents a variation of 2%.

The minor variation proposed will not result in any adverse impact on the streetscape or character of the established residential area in which the site is located. The objective of this requirement is to ensure lots have sufficient area to provide adequate access, open space and an attractive presentation to the street. The applicant has demonstrated that whilst the lot depth has not been achieved the objectives of the requirement have been met. The building platforms (considered below) provide satisfactory areas for access and private open space and are able to provide a suitable presentation to the street. The variation to the lot depth required by the DCP is supported in this instance.

Building Platform

The DCP recommends that a building platform measuring 15 metres x 20 metres (300 square metres in area) be provided on the proposed lots to ensure a suitable area for dwelling construction can be provided when they are developed for residential purposes later. As a result of the lot depth of proposed Lots 2 and 3 above, the building platform is unable to achieve compliance with the minimum dimensions as noted in the above table.

The applicant has submitted a floor plan for a project home builder which has demonstrated that a typical dwelling can be constructed within the proposed building platform complying with the relevant development standards. Proposed Lots 2 and 3 provide building platforms with equal dimensions.

Whilst the dimensions of the building platform cannot be complied with the area of 300 square metres as a result of the increased lot width provides a suitable area for a dwelling which would be able to comply with the minimum setback requirements also set by the DCP.

Based on the ability to comply with setback requirements and demonstrating a suitable area for future dwelling construction, it is considered that the lots can be reasonably developed later and the variation to the building platform requirement is supported in this instance.

3. Issues Raised in Submissions

The proposal was notified to nearby and adjoining properties for 21 days. One submission from a solicitor on behalf of two adjoining properties was received in response. The issues raised in the submission are summarised below:

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 OCTOBER, 2019

PAGE 10

ISSUE/ OBJECTION COMMENT

Our clients have not been provided with any details of the use of the proposed lots that may use the right of way, the level of development that may occur there now or in the future, any restrictions on the use of the newly created lots, the zoning of the said lots, any further easements or covenants.

Our clients are concerned as to the traffic flow that may use the right of way, and further future development of the lots. Our clients have no objections to the creation of the lots facing Grange Road.

Subsequent to the submission the information noted in the submission was provided to Council by the applicant. The plan was also amended to remove an additional lot that was originally proposed to use the existing right of way in question. The deletion of this lot means the existing dwelling is the only lot in the plan that uses the right of way, meaning there is no change to the current situation and by extension no additional impact on the existing right of way.

On this basis the existing right of way will not be impacted by the development as the subdivision results in the creation of two additional lots fronting Grange Road.

4. Internal Referrals

The application was referred to following sections of Council:

 Engineering

 Certification/ Building

 Environmental Health

 Tree Management

 Resource Recovery

No objection was raised to the proposal (as amended) subject to conditions.

5. External Referrals

Integrated Development – NSW Rural Fire Service

The application is categorised as ‘Integrated Development’ pursuant to Section 4.46 of the Environmental Planning and Assessment Act 1979 as the development requires approval from the Rural Fire Service under the Rural Fires Act 1997.

The proposal was referred to the Rural Fire Service on 28 February 2019 seeking comments/ conditions on the proposed development. General Terms of Approval under Division 4.8 of the Environmental Planning and Assessment Act 1997 and a Bush Fire Safety Authority under Section 100B of the Rural Fires Act 1997 were issued on 25 March 2019 and are provided in Appendix 1 of the recommended conditions below. As such the proposal is supported by the Rural Fire Service subject to the imposition of conditions as recommended below.

CONCLUSION

The development application has been assessed against the relevant heads of consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, The Hills Local Environmental Plan 2012 and The Hills Development Control Plan 2012 and is considered satisfactory.

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 OCTOBER, 2019

PAGE 11 The issues raised in the submission have been addressed in the report and by way of amendment to the original development application lodged and does not warrant refusal or further amendment of the development application.

Approval is recommended subject to conditions.

IMPACTS Financial

This matter has no direct financial impact upon Council's adopted budget or forward estimates.

The Hills Future Community Strategic Plan

The proposed development is consistent with the planning principles, vision and objectives outlined within “Hills 2026 – Looking Towards the Future” as the proposed development provides for satisfactory urban growth without adverse environmental or social amenity impacts and ensures a consistent built form is provided with respect to the streetscape and general locality.

RECOMMENDATION

Approval is recommended subject to the following conditions of consent.

CONDITIONS OF CONSENT GENERAL MATTERS

1. Approved Plan

The subdivision must be carried out in accordance with the approved plan of subdivision prepared by Mitchell A Warwick reference 18105 Revision 3 dated 11/04/2019 and other supporting documentation submitted with the development application except where amended by other conditions of consent.

2. Compliance with NSW Rural Fire Service Requirements

Compliance with the requirements of the NSW Rural Fire Service throughout all stages of the subdivision as outlined in their letter dated 25 March 2019 Reference D19/667 attached to this consent as Appendix 1.

3. Subdivision Certificate Preliminary Review

Prior to the submission of a Subdivision Certificate application a draft copy of the final plan, administration sheet and Section 88B instrument (where included) must be submitted in order to establish that all conditions have been complied with.

Street addresses for the lots within this subdivision will be allocated as part of this preliminary check process, for inclusion on the administration sheet.

4. Process for Council Endorsement of Legal Documentation

Where an encumbrance on the title of the property is required to be released or amended and Council is listed as the benefiting authority, the relevant release or amendment documentation must be submitted along with payment of the applicable fee as per Council’s Schedule of Fees and Charges. Sufficient time should be allowed for the preparation of a report and the execution of the documents by Council.

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 OCTOBER, 2019

PAGE 12 5. Management of Construction and/ or Demolition Waste

Any waste generated as a result of construction and/ or demolition for the development is to be reused and recycled where possible, and any residual waste is to be disposed of at a licenced waste facility. 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.

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. 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.

6. Tree Removal

Approval is granted for the removal of trees numbered 31-49, 52-64 and 66-68 in the Arboricultural Impact Assessment prepared by Accurate Tree Assessment dated April 2019.

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

7. Replacement Planting Requirements

To maintain the treed environment of the Shire, six advanced (45 litres) replacement trees from the following list are to be planted elsewhere within the property.

Ceratopetalum gummiferum NSW Christmas Bush Elaeocarpus reticulatus Blueberry Ash

Tristaniopsis laurina Water Gum

Angophora bakerii Narrow-leaved Apple

Corymbia eximia Yellow Bloodwood

Syncarpia glomulifera Turpentine

Angophora costata Smooth barked Apple

Angophora floribunda Rough-barked Apple

Corymbia gummifera Red Bloodwood

8. 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.

9. Construction Certificate – Subdivision Works

Before any works are carried out a Construction Certificate must be obtained and a Principal Certifying Authority appointed. The plans and accompanying information submitted with the Construction Certificate must comply with the conditions included with this consent.

As per the Environmental Planning and Assessment Act 1979, only Council can issue a Subdivision Certificate which means only Council can be appointed as the Principal Certifying Authority for subdivision works.

10. Street Trees

Two street trees must be provided on Grange Road fronting lots two and three spaced between 7m and 10m apart. 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. Details demonstrating compliance with the above must be submitted for approval before any street trees are planted.

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 OCTOBER, 2019

PAGE 13 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.

11. 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.

12. 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 a Subdivision Certificate is issued. Any damage must be made good in accordance with the requirements of Council and to the satisfaction of Council.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 13. 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.

14. Erosion and Sediment Control Plan

The detailed design must be accompanied by an Erosion and Sediment Control Plan (ESCP) prepared in accordance with the Blue Book and Council’s Works Specification Subdivision/ Developments.

An ESCP must include the following standard measures along with notes relating to stabilisation and maintenance:

 Sediment fencing.

 Barrier fencing and no-go zones.

 Stabilised access.

 Waste receptacles.

 Stockpile site/s.

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 OCTOBER, 2019

PAGE 14 15. 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 is issued.

Specifically, this relates to any works proposed over the second half of the shared driveway to/ from Sandhurst Crescent within Lot 4 DP 730150.

16. Engineering Works and Design

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.

Engineering works can be classified as either “subdivision works” or “building works”. Works within an existing or proposed public road, or works within an existing or proposed public reserve can only be approved, inspected and certified by Council in accordance with the Roads Act 1993 and the Local Government Act 1993 respectively.

The following engineering works are required:

a) Footpath Verge Formation

The grading, trimming, topsoiling and turfing of the Grange Road 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, to the requirements of the relevant service authority. All service pits and lids must match the finished surface level.

b) Gutter Crossings

Gutter crossings to each of the proposed new lots are required.

The existing shared driveway is to be retained for proposed lot one/ the existing dwelling.

c) Disused Layback/ Driveway Removal

All disused laybacks and driveways must be removed and replaced with full kerb and gutter together with the restoration and turfing of the adjoining footpath verge area.

d) Service Conduits

Service conduits to each of the proposed new lots, laid in strict accordance with the relevant service authority’s requirements, are required. Services must be shown on the engineering drawings.

e) Earthworks/ Site Regrading

Earthworks are limited to that shown on the stormwater drainage concept plan by BMB Revision B dated 17/07/2019. Where earthworks are not shown on the approved plan the topsoil within lots must not be disturbed.

f) Stormwater Drainage

Stormwater runoff from proposed lot one/ the existing dwelling is to be collected via pits and pipes and directed to Sandhurst Crescent over the shared driveway. These works must be contained to the subject site and not extend into the other half of the shared driveway within Lot 4 DP 730150 as per the site plan prepared by Delfs Lascelles Revision 2 dated 11/04/2019.

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 OCTOBER, 2019

PAGE 15 17. Section 7.12 Contribution

Pursuant to Section 4.17 (1) of the Environmental Planning and Assessment Act 1979 and The Hills Section 7.12 Contributions Plan a contribution of $986.15 shall be paid to Council.

This amount is to be adjusted at the time of the actual payment in accordance with the provisions of the Hills Section 7.12 Contributions Plan.

The contribution is to be paid prior to the issue of the Construction Certificate.

You are advised that the maximum percentage of the levy for development under section 7.12 of the Act having a proposed construction cost is within the range specified in the table below;

Proposed cost of the development Maximum percentage of the levy

Up to $100,000 Nil

$100,001 - $200,000 0.5 %

More than $200,000 1%

PRIOR TO WORK COMMENCING ON THE SITE 18. Protection of Existing Trees

The trees that are to be retained are to be protected during all works strictly in accordance with AS4970- 2009 Protection of Trees on Development Sites.

At a minimum a 1.8m high chain-wire fence is to be erected at least three metres from the base of each tree and is to be in place prior to works commencing to restrict the following occurring:

 Stockpiling of materials within the root protection zone,

 Placement of fill within the root protection zone,

 Parking of vehicles within the root protection zone,

 Compaction of soil within the root protection zone.

All areas within the root protection zone are to be mulched with composted leaf mulch to a depth of not less than 100mm.

A sign is to be erected indicating the trees are protected.

19. Trenching within Tree Protection Zone

Any trenching or excavation for the installation of drainage, sewerage, irrigation or any other services within the Tree Protection Zone of trees identified for retention must be undertaken by hand and under the supervision of a project arborist.

Any tree roots greater than 40m in diameter are to be assessed and pruned if appropriate by the project arborist.

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

20. Notification of Asbestos Removal

Prior to commencement of any demolition works involving asbestos containing materials, all adjoining neighbours and Council must be given a minimum five days written notification of the works.

21. Erection of Signage – Supervision of Subdivision Work

In accordance with Clause 98A(2) of the Environmental Planning and Assessment Regulations 2000, a sign is to be erected in a prominent position displaying the following information:

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DEVELOPMENT ASSESSMENT UNIT MEETING 08 OCTOBER, 2019

PAGE 16

 The name, address and telephone number of the Principal Certifying Authority;

 The name and telephone number (including after hours) of the person responsible for carrying out the works;

 That unauthorised entry to the work site is prohibited.

This signage must be maintained while the subdivision work is being carried out and must be removed upon completion.

As per the Environmental Planning and Assessment Act 1979, only Council can issue a Subdivision Certificate which means only Council can be appointed as the Principal Certifying Authority for subdivision works.

22. Contractors Details

The contractor carrying out the subdivision works must have a current public liability insurance policy with an indemnity limit of not less than $10,000,000.00. The policy must indemnify Council from all claims arising from the execution of the works. A copy of this insurance must be submitted to Council prior to works commencing.

23. Erosion and Sediment Control

The approved ESCP measures must be in place prior to works commencing and maintained during construction and until the site is stabilised to ensure their effectiveness.

24. Service Authority Consultation – Subdivision Works

Before subdivision works commence documentary evidence must be submitted confirming that satisfactory arrangements have been made for:

 The provision of electrical services for the non-residue lots created by the subdivision. This includes the undergrounding of existing overhead services, except where a specific written exemption has been granted by Council.

 The provision of water and sewerage facilities.

 The provision of telecommunication services for the non-residue lots created by the subdivision, typically requiring the installation of pits and pipes complying with the standard specifications of NBN Co current at the time of installation. This includes the undergrounding of existing overhead services, except where a specific written exemption has been granted by Council. The Telecommunications Act 1978 (Cth) specifies where the deployment of optical fibre and the installation of fibre-ready facilities is required.

DURING CONSTRUCTION 25. Project Arborist

The Project Arborist must be on site to supervise any works in the vicinity of or within the Tree Protection Zone (TPZ) of any trees required to be retained on the site or any adjacent sites.

Supervision of the works shall be certified by the Project Arborist and a copy of such certification shall be submitted to the PCA within 14 days of completion of the works.

26. Contamination

Ground conditions are to be monitored and should evidence such as, but not limited to, imported fill and/ or inappropriate waste disposal indicate the likely presence of contamination on site, works are to cease, Council’s Manager – Environment and Health is to be notified and a site contamination investigation is to be carried out in accordance with State Environmental Planning Policy 55 – Remediation of Land.

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PAGE 17 The report is to be submitted to Council’s Manager – Environment and Health for review prior to works recommencing on site.

27. Asbestos Removal

Asbestos containing material, whether bonded or friable, shall be removed by a licenced asbestos removalist. A signed contract between the removalist and the person having the benefit of the development application is to be provided to the Principle Certifying Authority, identifying the quantity and type of asbestos being removed. Details of the landfill site that may lawfully receive the asbestos is to be included in the contract.

Once the materials have been removed and delivered to the landfill site, receipts verifying the quantity received by the site are to be provided to the Principle Certifying Authority.

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 28. Standard of Works

All work must be carried out in accordance with Council’s Works Specification Subdivisions/

Developments and must include any necessary works required to make the construction effective. All works, including public utility relocation, must incur no cost to Council.

29. Critical Stage Inspections – Subdivision Works

The subdivision works must be inspected by Council in accordance with the schedule included in Council’s Works Specification Subdivisions/ Developments. A minimum of 24 hour’s notice is required for inspections. No works are to commence until the first inspection has been carried out.

30. Subdivision Earthworks – Lot Topsoil

Where earthworks are not shown on the engineering drawings, the topsoil within lots must not be disturbed. Where earthworks are shown, a 150mm deep layer of topsoil must be provided, suitably compacted and stabilised in accordance with Council’s Works Specification Subdivisions/ Developments.

31. Aboriginal Archaeological Sites or Relics

If, during activities involving earthworks and soil disturbance, any evidence of an Aboriginal archaeological site or relic is found, all works on the site are to cease and the Office of Environment and Heritage must be notified immediately.

32. Aboriginal Heritage Impact Permit

Should any artefacts be uncovered in the course of any works, all works should cease and comply with Part 6 of the National Parks and Wildlife Act 1974, in particular Section 90 regarding permits to destroy.

33. European Sites or Relics

If, during the earthworks, any evidence of a European archaeological site or relic is found, all works on the site are to cease and the Office of Environment and Heritage must be contacted immediately. All relics are to be retained in situ unless otherwise directed by the Office of Environment and Heritage.

34. Working Hours

All work must be restricted to between the hours of 7:00am and 5:00pm, Monday to Saturday. No work can occur outside the hours specified above on Sundays or public holidays. The contractor must instruct sub-contractors regarding the hours of work.

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PAGE 18 PRIOR TO ISSUE OF A SUBDIVISION CERTIFICATE

35. Compliance with Rural Fire Service Requirements

A report/ letter from a qualified bushfire consultant must be submitted confirming that the requirements of the Rural Fire Service have been complied with.

36. Subdivision Certificate Application

When submitted, the Subdivision Certificate application must include:

 One copy of the final plan.

 The original administration sheet and Section 88B instrument.

 All certificates and supplementary information required by this consent.

 An AutoCAD copy of final plan (GDA 1994 MGA94 Zone56).

37. Landscaping

Any areas of the site disturbed by the works associated with the development are to be turfed.

38. Clearance Certificate

Should any removal of asbestos containing material be required; on completion of the asbestos removal works a Clearance Certificate in accordance with clause 474 of the Work Health and Safety Regulation 2017 shall be provided to the Principal Certifying Authority.

39. Completion of Subdivision Works/ Satisfactory Final Inspection

A Subdivision Certificate cannot be issued prior to the completion of all subdivision works covered by this consent. A satisfactory final inspection by Council’s Construction Engineer is required.

40. Subdivision Works – Submission Requirements

Once the subdivision works are complete the following documentation (where relevant/

required) must be prepared in accordance with Council’s Design Guidelines Subdivisions/

Developments and submitted to Council’s Construction Engineer for written approval:

 Works as Executed Plans

 Site Fill Results

 Structural Certification

The works as executed plans must be prepared by a suitably qualified engineer or registered surveyor.

41. Section 73 Compliance Certificate

A Section 73 Compliance Certificate issued under the Sydney Water Act 1994 must be obtained from Sydney Water confirming satisfactory arrangements have been made for the provision of water and sewer services. Application must be made through an authorised Water Servicing Coordinator. The certificate must refer to this development consent and all of the lots created.

42. Provision of Electrical Services

Submission of a notification of arrangement certificate confirming satisfactory arrangements have been made for the provision of electrical services. This must include the under- grounding of the existing electrical services fronting the site and removal of all redundant poles and cables, unless otherwise approved by Council in writing. The certificate must refer to this development consent and all of the lots created.

43. Site/ Lot Classification Report – Vacant Residential Lots

A site/ lot classification report prepared by a suitably qualified geotechnical engineer must be prepared and submitted following the completion of all subdivision works confirming that all residential lots are compliant with AS 2870 and are suitable for development. The report

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PAGE 19 must be accompanied by a table which summarises the classification of all lots created as part of the subdivision.

44. Final Plan and Section 88B Instrument

The final plan and Section 88B Instrument must provide for the following. Council’s standard recitals must be used.

a) Restriction – Front Building Setback (Residential)

Lots 2 and 3 must be burdened with a restriction that refers to a primary frontage building setback of 10m using the “front building setback” terms included in the standard recitals.

b) Restriction/ Covenant – Onsite Stormwater Detention

Lots 2 and 3 must be burdened with a restriction and a positive covenant using the “onsite stormwater detention systems” terms included in the standard recitals.

c) Covenant – Asset Protection Zone

All lots must be burdened with a positive covenant using the “bushfire requirements/ asset protection zone” terms included in the standard recitals. Lots required to be managed as an asset protection zone require a positive covenant affecting the entire lot.

45. Provision of Telecommunication Services

The developer (whether or not a constitutional corporation) is to provide evidence satisfactory to the Certifying Authority that arrangements have been made for:

The installation of fibre-ready facilities to all individual lots and/ or premises in a real estate development project so as to enable fibre to be readily connected to any premises that is being or may be constructed on those lots. Demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre ready facilities are fit for purpose; and

The provision of fixed-line telecommunications infrastructure in the fibre-ready facilities to all individual lots and/ or premises in a real estate development project demonstrated through an agreement with a carrier.

Real estate development project has the meanings given in Section 372Q of the Telecommunications Act 1978 (Cth).

For small developments, NBN Co will issue a Provisioning of Telecommunications Services – Confirmation of Final Payment. For medium and large developments, NBN Co will issue a Certificate of Practical Completion of Developers Activities.

For non-fibre ready facilities, either an agreement advice or network infrastructure letter must be issued by Telstra confirming satisfactory arrangements have been made for the provision of telecommunication services. This includes the undergrounding of existing overhead services, except where a specific written exemption has been granted by Council.

A copy of the works as executed (WAE) plans for the telecommunications infrastructure must also be submitted.

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PAGE 20 APPENDIX 1

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PAGE 21

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PAGE 22 ATTACHMENTS

1. Locality Plan 2. Aerial Photograph 3. LEP Zoning Map

4. LEP Minimum Lot Size Map

5. LEP Maximum Building Height Map 6. Proposed Plan of Subdivision 7. Site Plan

8. Subdivision Works Concept Plan (Proposed Lot 1)

9. Subdivision Works Concept Plan (Proposed Lots 2 and 3) 10. DP 730150 (Showing Existing Easements)

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PAGE 23 ATTACHMENT 1 – LOCALITY PLAN

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PAGE 24 ATTACHMENT 2 – AERIAL PHOTOGRAPH

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PAGE 25 ATTACHMENT 3 – LEP ZONING MAP

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PAGE 26 ATTACHMENT 4 – LEP MINIMUM LOT SIZE MAP

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PAGE 27 ATTACHMENT 5 – LEP MAXIMUM BUILDING HEIGHT MAP

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PAGE 28 ATTACHMENT 6 – PROPOSED PLAN OF SUBDIVISION

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PAGE 29 ATTACHMENT 7 – SITE PLAN

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PAGE 30 ATTACHMENT 8 – SUBDIVISION WORKS CONCEPT PLAN (PROPOSED LOT 1)

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PAGE 31 ATTACHMENT 9 – SUBDIVISION WORKS CONCEPT PLAN (PROPOSED LOTS 2 AND 3)

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PAGE 32 ATTACHMENT 10 – DP 730150 (SHOWING EXISTING EASEMENTS)

References

Related documents

PAGE 1 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 28 APRIL 2015 PRESENT Cameron McKenzie Group Manager – Environment & Planning