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Academic year: 2023



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Three shrubs are to be planted adjacent to the west side of the existing driveway. The development application seeks permission for subdivision and therefore meets this requirement of the LEP.

Issues Raised in Submissions

Stated that the community management association has rejected the subdivision and that the application does not meet many of the items in "The Precinct Estate" in the Community Management Statement. believes that Adey Place's "The Precinct" was not authorized or designed for further subdivision.

Subdivision Certificate Preliminary Review

Process for Council Endorsement of Legal Documentation

External Finishes

Provision of Parking Spaces

Construction Certificate – Subdivision Works

Road Opening Permit

BCA Compliance

Protection of Public Infrastructure

Structures Adjacent to Piped Drainage Easements

Management of Construction and/ or Demolition Waste

The Council should be given sufficient time to prepare the report and execute the documents. Certificates of all waste/recycling submissions must be kept on site at all times and produced in legible form to any authorized Council officer who requests them.

Tree Removal

Planting Requirements

Erosion and Sediment Control

Restricted Development Area Plan

Site Stormwater Drainage

Section 7.12 Contribution

Service Authority Consultation – Subdivision Works

The provision of telecommunications services for the non-residue lots created by the subdivision, which typically requires the installation of pits and pipes that meet the standard specifications of NBN Co current at the time of installation. The Telecommunications Act 1978 (Cth) specifies where the deployment of optical fiber and the installation of fiber ready facilities is required.

Contractors Details

Erection of Signage – Supervision of Subdivision Work

Bushland Protection Fencing

Tree Protection Fencing

Tree Protection Signage

Mulching within Tree Protection Zone

Trenching within Tree Protection Zone

Critical Stage Inspections – Subdivision Works

Working Hours


Project Arborist

Compliance with BASIX Certificate

Section 73 Compliance Certificate

Provision of Electrical Services

Provision of Telecommunication Services

Site/ Lot Classification Report – Vacant Residential Lots

Building Services

Adjoining Property Dilapidation Report Post Construction

Subdivision Certificate Application

Final Plan and Section 88B Instrument

Satisfactory Final Inspection

Maintenance of BASIX Commitments

Completion of Engineering Works

Public Infrastructure Inventory Report - Post Construction

Vegetation Management Plan

Preparation of an information sheet (maximum 1 double-sided page) prepared in accordance with the Council's Guidelines for the preparation of an Information Sheet (available on the Council's website). A cost for the first five-year implementation of the plan prepared by a qualified bush regeneration contractor.

Vegetation Management Plan (VMP) Implementation

Completion of Stormwater Drainage Works

Confirmation of Pipe Locations

Landscaping Prior to Issue of any Occupation Certificate

Management of Area Subject to Vegetation Management Plan

35 of the development permission that relates to the company's approved business hours. The proposed amendment therefore complies with the provisions of Article 4.55(1A) of the Environment and Planning Act 1979.

Under the provisions of Section 4.55(1A) of the Environmental Planning and Assessment Act, 1979, a consenting authority may, in response to an application, vary a consent if it is satisfied that the proposed variation is substantially the same development as originally approved is and involves a low environmental impact. The proposed amendment is considered to be substantially the same development and involves minor environmental impact.

Compliance with The Hills Development Control Plan

Issues Raised in Submissions

The applicant has submitted sufficient operational details and an environmental noise assessment report which meets the above requirements. It is possible that the difficulties and plant losses described by the applicant were due to other factors such as soil disturbance or personnel error. As described above, the applicant is permitted to seek consent for an amendment to their development permit.

The proposed amendment has been considered in accordance with the relevant legislation as detailed in this report and is considered to be supported in this case. The applicant has demonstrated compliance with the acoustic/noise requirements contained in Section 6 Part 1 of the Rural DCP as well as relevant legislation as detailed in this report.

Internal Referrals

Any Saturday activity observed appears to be used for maintenance of the external areas of the property and not for production. The proposal, including the erection of a dwelling on one of the plots, shows that the plots can be reasonably developed with a satisfactory streetscape outcome despite the variations. These concerns are addressed in the report and by recommended conditions of approval and do not warrant amendment or refusal of the development application.

The development application is classified as "Integrated Development" under Section 4.46 of the Environmental Planning and Assessment Act 1979 as it seeks to subdivide bushfire prone land. The development application seeks approval for the demolition of the existing structures on the site and the removal of trees to facilitate the division of the subject site into two plots. The development application includes landscape works on site 101 in conjunction with the proposed housing and subdivision works, including a new driveway and junction to proposed site 102 to/from Grange Road.

The existing driveway and junction to/from Farmridge Way will remain and will serve the proposed housing on lot 101.

The application seeks consent for subdivision and therefore complies with this requirement in the LEP. The application seeks consent for the demolition of existing structures on the site and therefore complies with this requirement in the LEP. The subject matter is located on land identified on the Lot Size Map pursuant to Clause 4.1 of the LEP.

Subject to the requirements of clause 4.1, the size of any lot resulting from a subdivision of land shall not be less than the minimum size shown on the Lot Size Map. The proposed dwelling on Lot 101 has a maximum height of 7.9 metres, measured from the natural ground level to the roof ridge line.

Compliance with The Hills Development Control Plan 2012

2.13.1 (g) The minimum width of the hatchet handle for hatchet divisions is 4m for one division and 6m for two or more plots. Lot 102 - Due to the width of the lot, the required construction platform is not possible. The proposed apartment on plot 101 has a width of 12.35 meters, which corresponds to 84% of the frontage.

A condition is recommended which ensures that the use of the right-of-way is kept to a minimum where possible and that it is clear at all times. As such, a condition is recommended to ensure that the use of the right-of-way is minimized wherever possible and that it is kept clear at all times.

Internal Referrals

The change to the frontage requirement was raised as a concern at a pre-submission meeting with the applicant and it was recommended that residential development be included in the subdivision application. As discussed in this report, it would be cumbersome to require housing on both plots when the proposed development has shown that plot 101, which is the most restricted plot, is capable of containing a dwelling by incorporating its design into this application . Existing services and utilities located within the right-of-way should be protected at all times.

A condition of consent is recommended to ensure that all existing services and utilities within the right of way are protected. In the event that the services are damaged or require additional work, consent must be obtained from those benefiting from the right of way and all costs associated with the work must be carried out at the expense of the developer.

External Referrals

The development application has been evaluated in accordance with the issues for consideration as specified in section 4.15 of the Environmental Planning and Assessment Act 1979 and is considered satisfactory. The proposal is consistent with The Hills Local Environmental Plan 2012 and the variations to The Hills Development Control Plan 2012 have been discussed and addressed in this report. The proposed development is consistent with the planning principles, visions and objectives outlined in "Hills 2026 - Looking Towards the Future" as the proposed development provides for satisfactory urban growth without adverse environmental or social amenity impacts and ensures that a consistent built form delivered with respect to the streetscape and the general location.

The subdivision and development is to be carried out in accordance with the approved plan of subdivision prepared by Mepstead and Associates Drawing 5632_SUB1 Revision D dated 23 July 2018 and the dwelling on the proposed plot 101 is to be constructed in accordance with the plans prepared by Allcastle Homes Job 5437 Sheets 1 to 5 dated 04/07/2018 Construction must proceed in accordance with the above plans and other supporting documentation accompanying the application unless varied by other conditions of consent.

Compliance with Rural Fire Service

The issues raised in the applications have been addressed in the report and do not warrant rejection or amendment of the application.

External Finishes

Before any work related to the subdivision is carried out, a construction certificate must be obtained and a lead certification authority must be appointed. The plans and accompanying information submitted with the Building Certificate must comply with the conditions attached to this permission. Under the 1979 Land Planning and Assessment Act, only the Council can issue a subdivision certificate, which means that only the Council can be appointed as the main certifying body for subdivision works.

Construction Certificate – Dwelling Construction

Building Work to be in Accordance with BCA

Adherence to Construction Waste Management Plan

Management of Construction and/ or Demolition Waste

Disposal of Surplus Excavated Material

Commencement of Domestic Waste Service

Provision of Domestic Waste Storage Area

Replacement Planting Requirements

Where the subdivision/development requires the installation or upgrading of utilities or any other works on council land outside the immediate road frontage of the development area and such works are not covered by planning permission issued by Council pursuant to this consent, a separate road opening for a permit must be applied for and the work inspected by the city's maintenance team. Contact the county civil engineer if it is not clear whether a separate road opening permit is required.

Minor Engineering Works

Section 7.12 Contribution

This amount must be adjusted at the time of actual payment in accordance with the provisions of the Hills Section 94A Contributions 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;. Prior to commencing work associated with the development, temporary construction fencing must be installed in accordance with the approved Erosion and Sediment Control Plan.

The right of roadway/service easement must be kept clear at all times.

Erosion and Sedimentation Controls

Erosion and Sediment Control Plan Kept on Site

Notification of Asbestos Removal

Demolition Works and Asbestos Management

Asbestos to be disposed of should only be transported to waste facilities licensed to accept asbestos.

Discontinuation of Domestic Waste Services

Protection of Existing Trees

Traffic Control Plan

Erection of Signage – Supervision of Subdivision Work

PAGE 110 These signboards must be maintained while the subdivision work is being carried out and must be removed after completion.

Contractors Details

Service Authority Consultation – Subdivision Works

Compliance with BASIX Certificate

All existing utilities and services within the service easement must be maintained and protected at all stages of development. In the event that services or utilities are damaged or require additional work, all parties benefiting from the services easement should be consulted. All costs associated with the work are the responsibility of the developer.

Dust Control

Project Arborist

Standard of Works

Critical Stage Inspections – Subdivision Works

Working Hours

Prior to the issuance of a Subdivision Certificate, the approved dwelling on plot 101 must be built, and an occupancy certificate must be issued. A copy of the business certificate must be submitted together with the application for a property division certificate.

Subdivision Certificate Application

Completion of Subdivision Works/ Satisfactory Final Inspection

Subdivision Works – Submission Requirements

Section 73 Compliance Certificate

Provision of Electrical Services

Provision of Telecommunication Services

PAGE 113 Real estate development project has the meaning given in article 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 Developer Activities.

For non-fibre ready equipment, either an advice of agreement or a network infrastructure letter must be issued from Telstra confirming that satisfactory arrangements have been made for the provision of telecommunications services. A copy of the plans of executed works (WAE) for the telecommunications infrastructure must also be submitted.

Site/ Lot Classification Report – Vacant Residential Lots

Final Plan and Section 88B Instrument



Related documents

DEVELOPMENT ASSESSMENT UNIT MEETING 23 NOVEMBER, 2021 PROPOSAL The Development Application seeks consent for the legitimisation of a partially constructed second driveway for the