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Development Assessment Unit


Academic year: 2023

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The proposed development seeks a variation of 8% to the minimum area development standard as prescribed by LEP 2012. The development site adjoins four allotments to the north (Nos. 20-26 Meryll Avenue) which are zoned R4 High Density Residential.

The site area variation has the effect of reducing development potential of Nos. 20-26

Comment: The applicant has adequately addressed the matters required to be addressed

Compliance with Development Control Plan 2012 Part B Section 5- Residential Flat Building

Unit Layout and


The proposal is not considered to be sympathetic to the established character of the locality. The proposal is not considered to respect the existing character of the location.

At the boundary, the main driveway is approximately 3.1m offset to the south, however

The proposal does not respond appropriately to its context as it does not provide a suitable transition from the low density character of the detached dwellings to the rear. However, the proposed built form is considered to be unsympathetic to the interface of R4 and R2 areas and does not respect the prevailing character of the locality.

A greater proportion of two and three bedroom units should have been provided to address this component of the RFDC. The material, colors and textures of the proposed development will integrate with the desired character of the locality.

Part 3 Building Design

Issues Raised in Submissions

The development will result

Concern is raised in relation

The amended plans do not


Whilst the net % increase of potential traffic generated by the proposed development


5. The development does not comply with the apartment mix requirements within










The development application is for alterations and additions to an existing detached cottage to enable part of the cottage to be used as a secondary dwelling. The proposal also includes the construction of an addition to be used as a kitchen and an attached pergola to the rear of the cabin.

12/05/2014 Email sent to the property owner from Council’s Development

Compliance with the Hills Local Environmental Plan 2012

Compliance with Development Control Plan Part B Section 1 - Rural

The applicant has submitted the following justification for the variation to site coverage

Issue Raised in Submission

The minimum wastewater disposal area required for the existing home and the proposed development is 1,044 m2. The development application has been reviewed by the council's environmental health coordinator regarding the impact of the wastewater system on adjacent properties.


  • Development in Accordance with Submitted Plans (as amended)
  • Shipping Container
  • External Finishes
  • Construction Certificate
  • Building Work to be in Accordance with BCA
  • Bushfire Requirements - BAL 19 – Rural i) Asset Protection Zones
  • Adherence to Waste Management Plan

Connection of the tank outlet to the pump may require a 65mm to 38mm reducer Storz fitting. When considering landscape species, the approximate size of the plant at maturity should be taken into account;

8. Management of Construction and/ or Demolition Waste

12. Principal Certifying Authority

Approved Temporary Closet

Erosion and Sedimentation Controls

Stabilised Access Point

Builder and PCA Details Required

Compliance with BASIX Certificate

19. Compliance with Critical Stage Inspections and Other Inspections

Roof Water Drainage

Dust Control






The development application is for the construction of a 24-bedroom, three-level guest house submitted under the provisions of the State Environmental Planning Policy (SEPP) (Affordable Housing) 2009. The issues raised in the submissions relate to traffic and parking, impact on adjoining properties and the site as a whole , glory to future residents, compatibility with the character of the area and impact on existing trees on the site and neighboring properties. The application is recommended for refusal, as it is assessed to be incompatible with the character of the local area.

28/11/2014 Letter to the applicant raising concerns regarding setbacks, cut and fill, land cover, land ratio, size, scale and intensity of the development and issues raised in the submissions. The applicant was requested to withdraw the application on the basis of the above circumstances and that the development is neither in accordance with the existing R2 zone nor the medium density zone foreseen in the strategic study carried out by the Department of Planning and Environment.

22/12/2014 Meeting held with the applicant where issues raised in Council’s

Compliance with State Environmental Planning Policy (Affordable Rental Housing) 2009

Development Standard Proposal Compliance

2)(a) building height

The proposal fails to satisfy the following objectives of the building setback controls

Compliance with Local Environmental Plan 2012

Issues Raised in Submissions

The Council's Environment and Health Officer assessed the proposal in terms of the impact of the mechanical equipment to be used. The size of the proposed building is much larger than the existing apartments on the south side of Kathleen Avenue and contains a basement level covering almost three-quarters of the site, which is atypical in a low-density residential area. As noted above, the scale and size of the proposed building is undoubtedly much larger than the existing houses on the south side of Kathleen Avenue where the facility is located.

The future redevelopment of the area into a medium-density residential area is currently under investigation. As explained above, the proposal would not integrate with the future planned medium density residential character of the area as envisaged in the Structure Plan.


The proposed model of affordable housing through boarding house accommodation can











Compliance with The Hills Local Environmental Plan 2012

To encourage sustainable primary industry production by maintaining and

2. Compliance with The Hills Development Control Plan 2012


Blakers Road (currently a crown road) is to be transferred to a public road as part of this development. Minor improvement works to be carried out during the transfer and reconstruction of the full width of Blakers Road at the front of the site to national public road standard will be able to accommodate the additional traffic demands associated with the development. The applicant has provided preliminary guidance from Endeavor Energy identifying development to extend overhead lines and establish a pile substation as per their requirements.

A condition of consent requires confirmation from the Electricity Supply and Telecommunications Authority that satisfactory arrangements have been made to service the development. Concerns are raised about the proposed access location in relation to the sight distance associated with the blind spot on Blakers Road in front of the facility.

Quite Life

Compliance with NSW Rural Fire Service Requirements

Compliance with the requirements of the NSW Office of Water throughout all stages of the subdivision as set out in their letter dated Ref D14/1720 attached to this consent as Appendix A.

Compliance with NSW Office of Water Requirements

Transfer/ Dedication of Crown Road

A draft copy of the final plan, administration deed and section 88B instrument (where included) must be submitted to determine whether all conditions are met before an application for a certificate of division is made. Street addresses for lots within this subdivision will be assigned as part of this pre-listing process.

Proposed Street Naming

Community Association Lot

Structures Adjacent to Piped Drainage Easements

Tree Removal

Replacement Planting Requirements

Demolition Notification

Demolition Inspections

Management of Construction and Demolition Waste

Contamination Assessment & Site Remediation

Application to Install/ Amend a System of Sewage Management

Controlled Activity Authority – NSW Office of Water

Engineering Works and Design

Once approved, the works must be carried out under the supervision of the civil engineer of the municipality in accordance with the conditions attached to the "Certificate of Conformity" issued. This certification must be added to the documentation approved as part of each building certificate. The full width extension of Blakers Road (currently a crown road) is to be delivered with the development.

The pipeline/headwall that drains stormwater into the association property to be designed in accordance with Council's Standard Drawings 8 and 10. a) All private encroachments located within the public road reserve must be removed as part of the road construction. Stormwater runoff from sites 2 to 6 must be managed appropriately according to rural design standards and according to the requirements of the Council.

Bank Guarantee Requirements

Road name signs and bollards are required in accordance with the above documents and Council's Standard Drawing 37. Details of all signage and line markings must be submitted to Council for review before work commences. The development shall remove the driveway from Blakers Road servicing the existing dwelling on proposed plot 2 and provide a 3m wide (minimum) formed all-weather driveway built to Council's rural standard between the private road and the existing building in accordance with the above documents and the Council's driveway specifications.

Sediment and Erosion Control Plan

Internal Pavement Structural Design Certification

Section 94A Contribution

PAGE 106 You are hereby informed that the maximum percentage of development charge under section 94A of the Act with the proposed cost of construction is within the range specified in the table below;.

Service Authority Consultation – Subdivision Works Before subdivision works commence

Traffic Control Plan

Erection of Signage – Supervision of Work

Contractors Details

PAGE 107 policy must indemnify the Council from all claims arising from the execution of the works.

Sediment and Erosion Control

Demolition Works and Asbestos Management

Tree Removal and Fauna Protection

Standard of Works

Critical Stage Inspections – Subdivision Works

Aboriginal Archaeological Sites or Relics

National Parks and Wildlife Act 1974

If any evidence of a European archaeological site or relic is found during the earthworks, all work at the site should cease and the NSW Office of Environment and Heritage should be contacted immediately. All relics must be kept in situ unless otherwise directed by the NSW Office of Environment and Heritage.

Working Hours


Completion of Subdivision Works

Vegetation Management Plan

A scale plan delineating the Restricted Development Area (RDA) must be prepared and submitted to the satisfaction of The Hills Shire Council's Manager - Environment and Health. The area within the RDA cannot be built on in the future and must be managed in accordance with the Council-approved Vegetation Management Plan.

Vegetation Management Plan Implementation

Compliance with NSW Rural Fire Service Requirements

Compliance with NSW Office of Water Requirements

Works as Executed Plans

Performance/ Maintenance Security Bond

Confirmation of Pipe Locations

Section 73 Compliance Certificate

Provision of Electrical Services

Submission of a certificate confirming the provision of telecommunications infrastructure, issued by the relevant telecommunications provider authorized in accordance with the Telecommunications Act, or a certificate of design compliance and a certificate of compliance carried out by a company engaged in the design and construction of cave and pipeline infrastructure , which confirm the satisfactory arrangements made for the provision or relocation of telecommunications services, including telecommunications cables and associated infrastructure. This must include the earthing of existing telecommunications services in front of the site and the removal of all redundant poles and cables, unless otherwise approved in writing by the Council.

Stormwater CCTV Recording

Public Asset Creation Summary

Installation/Amendment of System of Sewage Management

Internal Pavement Construction

Agreement for Onsite Waste Collection

Final Plan and 88B Instrument

06/30/2014 Email received from applicant's consultant advising that additional information was submitted on or about May 9, 2014. The response has been sent to the applicant's consultant advising that no response from the RFS has been received to date, however it will be forwarded upon receipt. 22/10/2014 Further fire report submitted by applicant's consultant and referred to RFS for review.

12/05/2014 Received email from applicant's advisor advising that they are liaising directly with RFS regarding bushfire issues. 17/03/2015 Email sent to the applicant's advisor advising that written confirmation is required from the applicant in this regard and requesting their assistance in facilitating this.

Compliance with Planning for Bushfire Protection 2006 (PBP)

The site currently contains a heritage item, Lintbrae Cottage, which has approval for a cafe and office. There is also a movable building on the site that is currently used as a place of worship. After this meeting, the applicant's advisors contacted the RFS directly to resolve the issues with the proposal.

Consequently, it is proposed that the proposal be rejected as the required RFS approval has not been obtained. Compliance with DCP Part B Section 6 - Business (Child Care Centres) The proposal has been assessed against the provisions of DCP Part B Section 6.

Two children's playrooms (playrooms 4 and 5) and two outdoor play areas (outdoor play areas 3 and 4) are located on the building's first floor. It is assessed that the location of the two playrooms and associated outdoor play areas on the 1st floor meets the objectives of the development standards. The interior layout of the building is designed to provide easy access between playrooms and necessary outdoor play areas.

A meeting was held with the applicant's advisors, the RFS and council officers and the RFS advised that it was likely that a significant redesign of the proposal would be required. The proposal conflicts with the development goals of the Business DCP and is considered unsatisfactory with respect to The Hills Future Community Strategic Plan.


Related documents

Environmental Protection Act 1986 Page 17 of 40 Decision Document: W5902/2015/1 File Number: DER2015/000827 IRLB_TI0669 v2.7 DECISION TABLE Works Approval / Licence section