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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 03 April 2018

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 03 APRIL, 2018

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 1569/2008/HC/E - SECTION 4.55(1A) MODIFICATION TO HOMEWORLD 5 EXHIBITION VILLAGE - EXTENSION OF THE DISPLAY PERIOD FOR ADDITIONAL 12 MONTHS – LAND BOUNDED BY BRODRICK BOULEVARD, HARTIGAN AVENUE, CARDELL ROAD & GORMON ROAD, KELLYVILLE

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ITEM-3 DA 295/2012/ZB/C - SECTION 4.55(1A) MODIFICATION TO AN EXHIBITION VILLAGE – EXTENSION OF THE DISPLAY PERIOD FOR AN ADDITIONAL 12 MONTHS – 33 HARTIGAN AVENUE, 6-10 SANDLANDS STREET, 67-77 GORMON AVENUE & 12-14 & 13-25 MAGRATH STREET, KELLYVILLE

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DEVELOPMENT ASSESSMENT UNIT MEETING 03 APRIL, 2018

PAGE 3 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 27 MARCH 2018

PRESENT

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

Andrew Brooks Manager – Subdivision & Development Certification Angelo Berios Acting Manager – Environment & Health

Craig Woods Manager – Regulatory Services Janelle Atkins Principal Forward Planner Kristine McKenzie Principal Executive Planner

APOLOGIES

Mark Colburt Manager – Environment & Health Stewart Seale Manager – Forward Planning

TIME OF COMMENCEMENT 8:30am

TIME OF COMPLETION 9:02am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 20 March 2018 be confirmed.

ITEM-2 DA 960/2016/MD/A - A SECTION 4.55 MODIFICATION TO AN APPROVED THREE STOREY DWELLING WITH BASEMENT GARAGE AND ATTIC, DETACHED OUTBUILDING - LOT 4 DP 286534 - 6 CLARKE WAY, KENTHURST

RESOLUTION

The Section 4.55 modification be approved subject to the conditions as set out in the report.

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DEVELOPMENT ASSESSMENT UNIT MEETING 03 APRIL, 2018

PAGE 4 ITEM-3 DA 869/2017/HA - USE OF EXISTING PREMISES FOR A SECONDARY DWELLING AND SLEEP-OUT ASSOCIATED WITH THE PRINCIPAL DWELLING - LOT 9 DP 241639, NO. 18 JOYLYN ROAD, ANNANGROVE

RESOLUTION

The Development Application be refused on the following grounds:

(i) The proposal is most appropriately defined as a secondary dwelling under Local Environmental Plan 2012. A secondary dwelling could not be approved in this manner because Clause 5.4(9) of the Local Environmental Plan 2012 prohibits secondary dwellings with a floor area exceeding 60m2 or 20% of the total floor area of the principal dwelling (whichever is greater).

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

(ii) The proposal is best defined as a detached dual occupancy which is a prohibited use in the RU6 Transition zone.

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

(iii) The proposed development is inconsistent with the objectives of the RU6 Rural Transition zone under Local Environmental Plan 2012

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

(iv) The proposed development has not been supported by adequate information including a Building Code of Australia report, Bushfire report or an On-Site Sewerage Management report.

END MINUTES

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DEVELOPMENT ASSESSMENT UNIT MEETING 03 APRIL, 2018

PAGE 5 ITEM-2 DA 1569/2008/HC/E - SECTION 4.55(1A) MODIFICATION TO HOMEWORLD 5 EXHIBITION VILLAGE - EXTENSION OF THE DISPLAY PERIOD FOR ADDITIONAL 12 MONTHS – LAND BOUNDED BY BRODRICK BOULEVARD, HARTIGAN AVENUE, CARDELL ROAD & GORMON ROAD, KELLYVILLE THEME: Balanced Urban Growth

OUTCOME: 7 Responsible planning facilitates a desirable living environment and meets growth targets.

STRATEGY: 7.2 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: 3 APRIL 2018

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: DEVELOPMENT ASSESSMENT CO-ORDINATOR CLARO PATAG

RESPONSIBLE OFFICER: MANAGER – DEVELOPMENT ASSESSMENT PAUL OSBORNE

Applicant Homeworld V Pty Limited c/ Calibre Consulting Owner Multiple ownership

Exhibition / Notification 21 days

Number Advised Five hundred thirty six (536) Number of Submissions Three (3)

Zoning Part R3 Medium Density Residential and R2 Low Density Residential

Site Area 12.15 has.

List of all relevant s79C(1)(a) matters

Section 4.15 (EP&A Act) – Satisfactory.

The Hills LEP 2012 – Satisfactory.

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

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

DCP 2012 Part D Section 5 - Kellyville/Rouse Hill – Satisfactory.

Political Donation None disclosed

Reason for Referral to DAU Submissions received.

Recommendation Approval subject to conditions

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DEVELOPMENT ASSESSMENT UNIT MEETING 03 APRIL, 2018

PAGE 6 EXECUTIVE SUMMARY

The Section 4.55(1A) Modification Application is to amend Part A of Condition No. 7 of Development Consent No. 1569/2008/HC titled 'Life of the Exhibition Village &

Opening/Dedication of Public Roads' to allow for a further extension of the display period of Homeworld V exhibition village for a period of 12 months from its current cessation date of 24 March 2018 to 24 March 2019. The extenson will allow the applicant further time to relocate the exhibition village to Box Hill.

The subject site is located on land partly zoned R3 Medium Density Residential and R2 Low Density Residential.

The application was notified to adjoining and surrounding properties including previous objectors to the original Development Application and subsequent modification applications (total of 536 owners) and submissions from three properties were received.

The issues raised relate to traffic flow restrictions due to road closures within the display village, increased risk of road accidents and no incentives from Homeworld to facilitate agreement with adjoining property owners.

The modification application is recommended for approval.

BACKGROUND

Development Consent No. 1569/2008/HC was granted by Council on 26 May 2009 for subdivision of the subject land into forty-six (46) super lots and development as an exhibition village (known as Homeworld V).

A separate Development Consent (DA 295/2012/ZB) was granted by Council on 8 November 2011 for an additional 22 lots within the Homeworld V exhibition village. This application related to land that was previously outside of the exhibition village and was Stage 2 of Homeworld V. A separate Section 4.55(1A) modification application has been lodged by the applicant which also seeks a further extension of time to the operation period to coincide with the period being sought in the subject modification application.

Part A of Condition No. 7 titled “Life of the Exhibition Village & Opening/Dedication of Roads” was imposed in the original Development Consent which reads as follows:

“A. Life of the Exhibition Village

The Exhibition Village shall operate for a period of five (5) years from the opening date of the first display home. The submission of documentary evidence to Council is required at the time of the commencement / opening of the first display home within the village.

This documentary evidence shall be provided to Council by the managing body of Homeworld 5 and shall state the actual opening date of the first display home and the final closing date of the village. Upon the expiration of this period, the lodgement of a Section 96 application will be necessary for any proposed extension (maximum of 12 months) to the life of the Exhibition Village.”

The first display home within the exhibition village was opened on 24 March 2012. Prior to the expiry of the 5 year period a modification application was lodged by the applicant on 22 November 2016 to extend the operation for 12 months until 24 March 2018, which was granted approval under delegated authority on 27 February 2017.

The subject Section 4.55(1A) modification was lodged on 29 January 2018. Three submissions were received during the notification period raising concerns mainly in relation to traffic flow restrictions due to continuous road closures within the exhibition village.

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DEVELOPMENT ASSESSMENT UNIT MEETING 03 APRIL, 2018

PAGE 7 PROPOSAL

The Section 4.55(1A) Modification Application seeks consent for a further extension of time to the operation of Homeworld V Exhibition Village. The proposed extension is for a further 12 months from its current cessation date of 24 March 2018 to 24 March 2019.

This is to ensure that sufficient time is provided for Homeworld builders to move into the new Box Hill Homeworld prior to the cessation of the exhibition period.

This modification application is consistent with the changes sought in a separate Section 4.55(1A) modification application to Development Consent No. 295/2012/ZB submitted concurrently with this application, which is seeking the same exhibition timeframe extension.

ISSUES FOR CONSIDERATION

1. Compliance with Section 4.55(1A) of Environmental Planning and Assessment Act 1979

Under the provisions of Section 4.55(1A) of the Environmental Planning and Assessment Act 1979, a consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

(a) it is satisfied that the proposed modification is of minimal environmental impact, and

Comment:

It is considered that there will be no additional environmental impact other than that which was originally approved under DA 295/2012/ZB given the proposal seeks to extend the operation period of the exhibition village by a further 12 months. No additional physical works are proposed.

(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

Comment:

The proposed modification is considered to be substantially the same development as approved under DA 1569/2008/HC and subsequent modifications as this application only seeks a further extension from the cessation date of this display period for an additional 12 months, a new cessation date of 24 March 2019. The amendments will not have any environmental impacts other than what was approved under DA 1569/2008/HC and subsequent modification approvals.

(c) it has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications

(iii) for modification of a development consent, and

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DEVELOPMENT ASSESSMENT UNIT MEETING 03 APRIL, 2018

PAGE 8 Comment:

The modification to the Development Consent is in accordance with Section 115 and Section 117 of the EP&A Regulation 2000. The application has been notified in accordance with Council’s notification requirements.

(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

Comment:

Three submissions were received during the notification period and issues raised in the submissions are addressed in Section 4 of this report.

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

The land is zoned part R3 Medium Density Residential and R2 Low Density Residential under The Hills Local Environmental Plan 2012. The proposed modification application relates to the extension of the display period of the exhibition village which is a permissible use in both R2 and R3 zones.

The proposal is considered to be consistent with the objectives of both the R2 and R3 zones.

3. Compliance with The Hills Development Control Plan

The proposal has been assessed against the provisions of The Hills Development Control Plan 2012 Part D Section 5 – Kellyville/Rouse Hill Release Area.

The proposal does not alter compliance with the above DCP as previously assessed in the original Development Application.

4. Issues Raised in Submissions

The proposal was notified for 21 days. Three (3) submissions were received during the notification period and the issues raised in the submissions are summarised below.

ISSUE/OBJECTION COMMENT

The traffic flow around this development is severely impacted and restricted due to the traffic flow requirements of the village. Given that the surrounding properties are all built, the impact is significant causing increased risk of accidents and traffic being forced to funnel through Gormon Avenue. If the display village closes, traffic flow will improve via Burns Road and Bush Paddock Avenue.

Council’s Principal Coordinator – Road &

Transport has reviewed the concerns raised in these submissions. It is advised that the carpark adjacent to Windsor Road is generally not full with spare parking spaces available particularly during weekends. In terms of vehicular access to the precinct, the opening of the Broderick Boulevard bridge has significantly improved access providing non Homeworld traffic alternate access options via Gormon Avenue. It is advised that the opening of the bridge has significantly improved access for residents since the original approval and opening of Homeworld 5.

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DEVELOPMENT ASSESSMENT UNIT MEETING 03 APRIL, 2018

PAGE 9

ISSUE/OBJECTION COMMENT

Homeworld attracts a great deal of traffic which is forced to use a small number of residential streets. Residents of the area are also forced to use a restricted number of roads due to the road closures in Homeworld. Traffic flow in the area would be smoother and safer if Homeworld was closed.

The exhibition village is provided with direct access to and from Windsor Road which is a classified road.

Neighbouring properties to the east of Homeworld V are able to access Windsor Road via Memorial Avenue.

It is acknowledged that a smoother and safer vehicular and pedestrian flow will be provided following the cessation of Homeworld V.

Nonetheless, the proposal will not have any environmental impacts other than what was approved under the original Development Application. The extension of the life of Homeworld V by a further 12 months is still considered to remain in the wider public interest.

Neighbouring owners have been placed in limbo for the past couple of years which impacts negatively on them as no potential purchasers take them seriously when they offer to sell. Homeworld has offered no incentives to the owners to facilitate agreement. This arrangement has only suited their end and nothing has been offered to the owners in return.

A small section of the objector’s property backs onto Burns Road which is half constructed from this point eastward.

No details were provided that would explain how the exhibition village would negatively impact on the ability of home owners to sell their properties. It can only be assumed that it might be due to the continuous closure of Burns Road. However, it is noted that extension of Burns Road will not occur until Nos. 80-88 Windsor Road are developed in the future. Further, this is not a matter for consideration under section 4.15 of the Environmental Planning and Assessment Act, 1979.

It is the responsibility of the owners of these properties to build the other half of Burns Road for vehicular access should they decide to redevelop. It is unlikely that the RMS will allow Windsor Road as main access as Burns Road serves as an alternate access.

5. Internal Referrals

The application was referred to following sections of Council:

 Traffic

 Engineering

No objection was raised to the proposal (as amended) subject to conditions. Relevant comments have also provided below:

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DEVELOPMENT ASSESSMENT UNIT MEETING 03 APRIL, 2018

PAGE 10 Traffic Comments:

Council’s Manager – Infrastructure & Transport Planning has reviewed the modification application including the traffic circulation plan submitted with the application (refer Attachment 3). No objection is raised to the proposed extension of the operation of the Exhibition Village provided the vehicle access through Gormon Avenue to Broderick Boulevard remains open to the public at all times.

Engineering Comments:

No objection is raised to the proposed extension of the operation of the Exhibition Village. A separate section 4.55(1A) modification application to Development Consent No. 295/2012/ZB (Stage 2 of Homeworld V) submitted concurrently with this application, which is seeking the same extension timeframe.

6. External Referral

The subject modification application was referred to the NSW Roads and Maritime Services to review Condition No. 5 which relates to the use of the land along Windsor Road designated for future road widening as a temporary car parking area. No objection is raised to the continued use of this land for temporary car parking for another 12 months subject to their requirements outlined in their previous letter dated 16 April 2010. Copy of the RMS letter is in Attachment 4.

CONCLUSION

The Modification Application has been assessed against the relevant heads of consideration under Sections 4.15 and 4.55(1A) 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.

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.

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 Section 4.55 Modification Application be approved subject to the following conditions:

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DEVELOPMENT ASSESSMENT UNIT MEETING 03 APRIL, 2018

PAGE 11 A. That Condition No. 5 to be deleted and replaced as follows:

5. Temporary Car Parking Area along Windsor Road

The use of the land designated for future road widening for the purposes of a temporary car parking area shall be subject to the requirements of the NSW Roads and Maritime Services as outlined in their letter dated 20 March 2018 (copy attached).

B. That Part A of Condition No. 7 be modified as follows:

7. Life of the Exhibition Village & Opening/Dedication of Roads A. Life of the Exhibition Village

The Exhibition Village shall operate for a period of five (5) years from the opening date of the first display home. The submission of documentary evidence to Council is required at the time of the commencement / opening of the first display home within the village.

This documentary evidence shall be provided to Council by the managing body of Homeworld 5 and shall state the actual opening date of the first display home and the final closing date of the village. Upon the expiration of this period, the lodgement of a Section 96 application will be necessary for any proposed extension (maximum of 12 months) to the life of the Exhibition Village.

As a result of the Section 4.55 Modification Application (DA 1569/2008/HC/E), the exhibition period is extended for another 12 months, that is until 24 March 2019.

ATTACHMENTS 1. Locality Plan 2. Aerial Photograph 3. Traffic Circulation Plan 4. RMS Letter (6 Pages)

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PAGE 12 ATTACHMENT 1 – LOCALITY PLAN

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PAGE 13 ATTACHMENT 2 – AERIAL PHOTOGRAPH

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PAGE 14 ATTACHMENT 3 – TRAFFIC CIRCULATION PLAN

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PAGE 15 ATTACHMENT 4 – RMS LETTER (6 PAGES)

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ITEM-3 DA 295/2012/ZB/C - SECTION 4.55(1A)

MODIFICATION TO AN EXHIBITION VILLAGE – EXTENSION OF THE DISPLAY PERIOD FOR AN

ADDITIONAL 12 MONTHS – 33 HARTIGAN AVENUE, 6-10 SANDLANDS STREET, 67-77 GORMON AVENUE

& 12-14 & 13-25 MAGRATH STREET, KELLYVILLE

DOC INFO

THEME: Balanced Urban Growth

OUTCOME: 7 Responsible planning facilitates a desirable living environment and meets growth targets.

STRATEGY: 7.2 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: 3 APRIL 2018

DEVELOPMENT ASSESSMENT UNIT

GROUP: ENVIRONMENT AND PLANNING

AUTHOR: SENIOR TOWN PLANNER

PADRAIG SCOLLARD

RESPONSIBLE OFFICER:

MANAGER – SUBDIVISION AND DEVELOPMENT CERTIFICATION

ANDREW BROOKS

Applicant Homeworld V Pty Limited C/- Calibre Consulting

Owner/s Homeworld V Pty Limited of behalf of a number of separate individual lot owners

Exhibition / Notification 21 days

Number Advised Five hundred and twenty three (523) Number of Submissions Four (4)

Zoning R2 Low Density Residential

Site Area 12,122m2

List of all relevant 4.15(1)(a) matters

Section 4.15 (EP&A Act) – Satisfactory

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

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

The Hills Local Environmental Plan 2012 – Satisfactory The Hills Development Control Plan 2012 – Part D Section 7 – Balmoral Road Release Area – Satisfactory

Political Donation None disclosed Reason for Referral to DAU Submissions received

Recommendation Approval subject to conditions

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DEVELOPMENT ASSESSMENT UNIT MEETING 03 APRIL, 2018

PAGE 22 EXECUTIVE SUMMARY

The Section 4.55(1A) modification application seeks to amend Conditions 17 (Life of the Exhibition Village) and 18 (Cessation of All Display Homes) of Development Consent 295/2012/ZB, to enable a further extension of time to the operation period of the Homeworld V exhibition village. This extension is for a further 12 months from its current ceasation date of 24 March 2018 (to 24 March 2019). The extension will allow the applicant further time to relocate the village to Box Hill.

The subject site is zoned R2 Low Density Residential.

The application was notified to adjoining and surrounding properties (total of 523 owners) and submissions from four properties were received. The issues raised primarily relate to traffic flows, impact on neighbouring property prices and the presentation of the streetscape.

The modification application is recommended for approval.

BACKGROUND

Development Consent 1569/2008/HC was approved by Council on 26 May 2009 for the Homeworld V exhibition village, creating 46 development lots.

Development Consent 295/2012/ZB was approved by Council on 8 November 2011 for an additional 22 lots within an expanded Homeworld V exhibition village. This application related to land that was previously outside of the exhibition village and is the parent approval to which the subject Section 4.55(1A) modification application relates.

Conditions 17 and 18 titled “Life of the Exhibition Village” and ‘Cessation of All Display Homes’ respectively were imposed under the original development consent and are reproduced below:

17. Life of the Exhibition Village

The Homeworld V exhibition village shall operate for a period of five years from the opening date of the first display home. The submission of documentary evidence to Council is required at the time of the commencement/ opening of the first display home within the village. This documentary evidence shall be provided to Council by the managing body of Homeworld V and shall state the actual opening date of the first display home and the final closing date of the village.

Upon the expiration of this period, the lodgement of a modification application will be necessary for any proposed extension (maximum of 12 months) to the life of the exhibition village.

18. Cessation of All Display Homes

The submission of a written undertaking is required from the property owner stating that the property owner, all subsequent building companies and any successors in title agree to the cessation of all respective display homes within the village, upon the expiration of the limited five year life period of the exhibition village; as determined by the opening of the first display home in the village.

The first display home within the village opened on 24 March 2012. Prior to the lapse of the 5 year period a previous modification application (DA 295/2012/ZB/B) was lodged by Homeworld Group of Companies on 16 February 2017 to extend the operation for 12 months until 24 March 2018. The modification application was granted approval under delegated authority on 23 August 2017.

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DEVELOPMENT ASSESSMENT UNIT MEETING 03 APRIL, 2018

PAGE 23 The subject Section 4.55(1A) modification was lodged on 29 January 2018. Four submissions were received during the notification period which raised issues primarily relating to traffic flows, impact on neighbouring property prices and the presentation of the streetscape.

PROPOSAL

The modification application seeks consent for a further extension of time to the operation period of the Homeworld V exhibition village. This extension is for a further 12 months from its current ceasation date of 24 March 2018 (to 24 March 2019). This is to ensure that sufficient time is provided for builders to move into the “new” Homeworld, which was appproved under DA 800/2016/HB and is located in Box Hill.

This application is consistent with the changes sought in a separate Section 4.55(1A) modification application to Development Consent 1569/2008/HC submitted concurrently with this application, which is seeking the same extension timeframe for Stage 1 of Homeworld V.

ISSUES FOR CONSIDERATION

1. Compliance with Section 4.55(1A) of the Environmental Planning and Assessment Act 1979

Under the provisions of Section 4.55(1A) of the Environmental Planning and Assessment Act 1979, a consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

(a) it is satisfied that the proposed modification is of minimal environmental impact, and

Comment:

It is considered that there will be no additional environmental impact other than that which was originally approved under DA 295/2012/ZB given the proposal seeks to extend the operation period the exhibition village by a further 12 months. No additional physical works are proposed.

(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

Comment:

The development for which consent was sought originally does not change as a result of the subject modification application. This application seeks to extend the operation period of the exhibition village for an additional 12 months with a new cessation date of 24 March 2019. The amendments will not have any environmental impacts other than what was approved under DA 259/2012/ZB (as amended).

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DEVELOPMENT ASSESSMENT UNIT MEETING 03 APRIL, 2018

PAGE 24 (c) it has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and Comment:

The modification to the development consent is in accordance with Sections 115 and 117 of the Environmental Planning and Assessment Regulation 2000. The application has been notified in accordance with Council’s notification requirements.

(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

Comment:

Four submissions were received during the notification period. The issues raised in the submissions are addressed in Section 4 of this report below.

2. 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. An exhibition village is a use that is permitted with consent in the R2 zone.

The proposal is considered to be consistent with the objectives of the R2 zone.

3. Compliance with The Hills Development Control Plan

The proposal has been assessed against the provisions of The Hills Development Control Plan 2012 Part D Section 7 – Balmoral Road Release Area.

The proposal does not alter compliance with the above DCP as considered in the original approval.

4. Issues Raised in Submissions

The proposal was notified for 21 days. Four submissions were received during the notification period and the issues raised in the submissions are summarised below.

ISSUE/ OBJECTION COMMENT

The extension of Homeworld will extend the inconvenience neighbouring property owners experience due to increased traffic flow, commercial and private, this exhibition centre creates.

The subject modification application seeks a further extension to the operation period of Homeworld V for an additional 12 months, with a new cessation date of 24 March 2019. The amendments will not have any environmental impacts other than what was approved under DA 259/2012/ZB (as amended). These impacts were assessed and considered acceptable under DA 259/2012/ZB. There is no evidence to suggest extending the life of the village by a further 12 months is inconsistent with the interests of the wider public.

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ISSUE/ OBJECTION COMMENT

Homeworld attracts a great deal of traffic which is forced to use a small number of residential streets. Residents of the area are also forced to use a restricted number of roads due to the road closures in Homeworld. Traffic flow in the area would be smoother and safer if Homeworld was closed.

Homeworld V is provided with access to/ from Windsor Road via Broderick Boulevard. Windsor Road is a classified road and direct access to that road is denied by the Roads and Maritime Services.

Neighbouring properties in the area, the majority of which has been built up since the village was first opened, can access the wider public road network via Memorial Avenue to the south (via a left in and out priority control intersection at Burns Road), Arnold Avenue to the west and Windsor Road to the north via Gormon Avenue and Broderick Boulevard (including the recently completed bridge over Strangers Creek constructed by Council).

without requiring access through the Homeworld V internal road network.

Gormon Avenue along the south-western boundary of the exhibition village was previously part of the village and was only recently excised and dedicated to the public to increase the north-south connection between Windsor Road and Memorial Avenue.

It is acknowledged that increased vehicular and pedestrian permeability would be provided following the cessation of Homeworld V and the opening/ dedication of the roads it includes.

Nonetheless, a north-south connection already exists now (see above) and the proposal will not have any environmental impacts other than what was approved under DA 259/2012/ZB (as amended). There is no evidence to suggest extending the life of the village by a further 12 months is inconsistent with the interests of the wider public.

Concern is raised that the extension of the exhibition village will adversely impact on the saleability and value of neighbouring properties looking to sell.

No details were provided that would explain how the exhibition village would adversely impact on the saleability or value of neighbouring properties.

Further, this is not a matter for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979.

The extension of the Homeworld Village may affect the chances of developer’s interest in developing neighbouring properties looking to amalgamate.

No details were provided that would explain how the exhibition village would negatively impact on the ability of home owners to sell their properties. It is assumed the submission relates to access and the continued closure of Burns Road. Even if the portion of Burns Road within the exhibition village was opened and dedicated to the public now, the actual connection through

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PAGE 26

ISSUE/ OBJECTION COMMENT

to connect the areas to the north and south of the village would not be realised until such time as the properties known as 80 to 88 Windsor Road collectively were developed and the remaining section of Burns Road constructed and dedicated. It was for this reason that Gormon Avenue was recently opened, rather than Burns Road, as mentioned above.

It is requested that Homeworld be required to make the following modification to the streetscape of Gormon Avenue as it passes by the village.

1. Remove the incorrect signage on Gormon Avenue. One sign pole has a

“one way” sign and a “parking” sign which are both superfluous and confusing.

2. Install a “Gormon Avenue” sign post at the intersection of Gormon Avenue and Broderick Boulevard. It is difficult for people to find Gormon Avenue from here without a sign.

3. Install a “stop” sign at the exit of the village at Cardell Street.

4. Adjust the curb on the village corner at the corner of Broderick Boulevard and Gormon Avenue to make the entry to Gormon (especially from the Windsor Road direction) wider.

The below issues are not matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979. However, the following response is provided:

1. The one way and parking signage will be raised as a matter with the developer, who has obligations under the existing approval/s to eventually dedicate the roads to the public in a condition deemed satisfactory to Council.

2. The missing street name sign has been raised with the developer and is being rectified.

3. Signage and line-marking is not required or necessary. If the matter was referred to Council’s traffic team to consider via the Local Traffic Committee the outcome would be that signage and line-marking is not warranted for three way intersections like this.

4. The configuration of the kerb/ intersection of Broderick Boulevard and Gormon Avenue was assessed under DA 295/2012/ZB and considered acceptable. Widening this intersection would lead to confusion as to which road was the primary path of travel. Broderick Boulevard is the higher order/ through road here, and Gormon Avenue is the secondary intersecting road. The current arrangement reflects this and is designed and constructed in accordance with the DCP and Council’s engineering standards.

CONCLUSION

The modification application has been assessed against the relevant heads of consideration under Sections 4.15 and 4.55 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.

The issues raised in the submissions have been addressed in the report and do not warrant refusal of the application.

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DEVELOPMENT ASSESSMENT UNIT MEETING 03 APRIL, 2018

PAGE 27 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

The Section 4.55(1A) modification application be approved subject to the following amendments to Conditions 17 and 18:

GENERAL MATTERS

CONDITION 17 IS AMENDED TO:

17. Life of the Exhibition Village

The Homeworld V exhibition village shall operate for a period of five years from the opening date of the first display home. The submission of documentary evidence to Council is required at the time of the commencement/ opening of the first display home within the village. This documentary evidence shall be provided to Council by the managing body of Homeworld V and shall state the actual opening date of the first display home and the final closing date of the village. Upon the expiration of this period, the lodgement of a modification application will be necessary for any proposed extension (maximum of 12 months) to the life of the exhibition village.

As a result of the Section 4.55(1A) modification application (295/2012/ZB/C) the operation period of The Homeworld V exhibition village is extended for a further 12 months from the opening date of the first display home, namely until 24 March 2019.

CONDITION 18 IS AMENDED TO:

18. Cessation of All Display Homes

The submission of a written undertaking is required from the property owner stating that the property owner, all subsequent building companies and any successors in title agree to the cessation of all respective display homes within the village, upon the expiration of the limited five year life period of the exhibition village; as determined by the opening of the first display home in the village.

As a result of the Section 4.55(1A) modification application (295/2012/ZB/C) the operation period of The Homeworld V exhibition village is extended for a further 12 months from the opening date of the first display home, namely until 24 March 2019.

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DEVELOPMENT ASSESSMENT UNIT MEETING 03 APRIL, 2018

PAGE 28 ATTACHMENTS

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

4. Copy of Previous Modification Consent

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PAGE 29 ATTACHMENT 1 – LOCALITY PLAN

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DEVELOPMENT ASSESSMENT UNIT MEETING 03 APRIL, 2018

PAGE 30 ATTACHMENT 2 – AERIAL PHOTOGRAPH

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PAGE 31 ATTACHMENT 3 – ZONING MAP

R2 Low Density Residential R3 Medium Density Residential B2 Local Centre

RE1 Public Recreation SP2 Infrastructure

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PAGE 32 ATTACHMENT 4 – COPY OF PREVIOUS MODIFICATION CONSENT

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PAGE 33

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PAGE 34

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PAGE 35

References

Related documents

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