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Development Assessment Unit


Academic year: 2023

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A coordination conference was held on March 2, 2017 due to the number of applications received per proposal. The traffic and parking assessment notes the following in relation to the expected parking demand created by the proposal:

Figure  2:  Excerpt  from  Traffic  and  Parking  Assessment  –  Total  Parking  Provision
Figure 2: Excerpt from Traffic and Parking Assessment – Total Parking Provision

Pub Patron to Parking Ratio

Issues Raised in Submissions

The existing low crime rate of the area may increase as a result of the proposal. The proposal differs in respect of the zoning of the land and the form of land use.



  • Development in Accordance with Submitted Plans (as amended)
  • Construction Certificate
  • Building Work to be in Accordance with BCA
  • Provision of Parking Spaces
  • Maximum Persons
  • Clause 94 Considerations

Existing penetrations in exterior walls that are required to have an FRL must be upgraded to prevent fire spread, in line with CP8 of the BCA. Appropriate sanitary facilities must be available in the premises corresponding to FP2.1 of the BMA.

NSW Police Requirements

NSW Roads and Maritime Services Requirements

Compliance with Norwest Association Requirements

10. Separate application for other signs

  • Illumination of Signage Prohibited
  • Management of Construction and/ or Demolition Waste
  • Waste and Recycling Collection Contract
  • Road Opening Permit
  • Protection of Public Infrastructure
  • Vehicular Access and Parking
  • Grease Trap
  • Acoustic – Mechanical / Plant
  • Acoustic – Acoustic Finishes

In terms of section 80A (1) of the Environmental Planning and Assessment Act 1979, and The Hills Section 94A contribution plan, a contribution must be paid from to the Council. This amount must be adjusted at the time of actual payment in accordance with the terms of the Hills Section 94A Contribution Plan.


Principal Certifying Authority

Builder and PCA Details Required

Sydney Water Building Plan Approval

Compliance with Critical Stage Inspections and Other Inspections Nominated by the Principal Certifying Authority

Hours of Work

Mechanical ventilation in Food Premises

Documentation shall be submitted to the certifying authority that the ventilation system

Construction and Fit-out of Food Premises

Odour Control

Maximum Capacity Signage to be Displayed in the Premises

Section 73 Certificate must be submitted to the Principal Certifying Authority before the issuing of an Occupation Certificate

Make early application for the certificate, as there may be water and sewer pipes to be

Food shop registration requirements

Food Premises Final Inspection

Acoustic – Compliance Assessment

Plan of Management

Hours of Operation

The lower ground floor café is permitted to operate from 7:00am to 10:00pm daily with

Waste and Recycling Management

Waste and Recycling Collection


Acoustic - Offensive Noise

Noise to Surrounding Area

Hours of operation of the loading dock

Bottle shop access

Acoustic - Live music / DJ

45. Acoustic – Intertenancy noise

Acoustics – Use of balconies

Acoustic – Project Specific

Acoustic - Operational Report

Acoustic – Signage






Figure 2: Upper Ground Floor Plan

Figure 3: Level One Plan



05/05/2016 Meeting between the owner of the subject land, their consultants, the


State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Appendix 2 North Kellyville Precinct Plan

Clause 6.2 relates to mapped areas identified as containing “Existing Native Vegetation

Compliance with the North Kellyville Development Control Plan

Development is centered on land within the development area, excluding native vegetation shown on the Native Vegetation Conservation Map and/or Riparian Conservation Area; Subject to the imposition of the conditions, the proposed development footprint will not require clearing within the existing native vegetation area within the site (see conditions 1 and 22). Lands identified as native vegetation and riparian conservation areas within the SEPP mapping will be fully included in the proposed Lot 1 (Associated Property).

The community association property will be managed in accordance with a Management Plan that maintains asset protection zones and rehabilitates the native vegetation areas. The Council's Sub-Divisional Engineer is satisfied that the stormwater drainage should be undertaken in accordance with the DCP, subject to conditions (below). The proposed layout is considered to be orderly and in accordance with Figures 31 to 33 of the DCP.

Management plan and details of the obligations of landowners in the ongoing management of Community land;. e) The Management Plan will form part of the public authority by-laws in the Community Management Statement. The public authority bye-laws in relation to the Management Plan will provide that amendments to the Management Plan may not be made without the consent of the public authority (Hills Shire Council) in accordance with the Community Land Management Act 1989 (NSW); . f) The design of roads and plots within the development provides for NSW Rural Fire Service vehicle access and complies with the provisions of Planning for Bushfire Protection 2006 (as amended) where necessary.


3. Orderly and Economic Development Use and Development of Land

To assist in this assessment, an envelope for the isolated site may be prepared

DP 861531 (formerly 24 Stringer Road, Kellyville)

The landowner] has engaged Geoff McGuirk of Chaloner Valuations to conduct a peer review of the valuation in the good faith belief that this generally represents an offer to purchase the land. In examining the attempts to merge the land, it is considered that the applicant and the owner of lot 52 DP 861531 entered into negotiations at an early stage. The applicant has submitted a verbal offer together with an unbiased appraisal that assessed the property's value at.

As detailed above, the owner of Lot 52 DP 861531 engaged McGuirk of Chaloner Valuations to conduct a peer review of the valuation and advised him that the submission of a valuation report generally constituted an offer to purchase the land. An evaluation of the proposal and analysis of the subdivision plan development provides additional evidence of feasibility. This means that the limitations of the site are such that the maximum theoretical efficiency of the series cannot be achieved.

Given that the only value that Lot 52 DP 861531 can add to the combined site is an increase in the theoretical maximum yield of the lot, which cannot be achieved due to natural site limitations. While it seems logical to combine the sites, the negotiations between the parties and the detailed assessment of the proposal do not indicate that the combination would be of net benefit and would not affect the development potential of Lot 52 DP 861531 as a stand-alone development area (bearing in mind that its development potential is very limited, if any).

2. Secondly, can orderly and economic use and development of the separate sites be

1. Amalgamation with 112 and 138 Stringer Road providing an opportunity for

Issues Raised in Submissions

24 Stringer Road, Kellyville (Lot 52 DP 861531)

The applicant has submitted an amended density area analysis plan which excludes the

The landowner] is engaging a Flora & Fauna consultant to conduct a desk review of the flora and fauna controls applicable to the site and, if necessary, conduct a field investigation to determine what development opportunities exist at 24 Stringer Road. This is important to understand , as there would be an opportunity for 24 Stringer Road to be incorporated into the development at 22 Stringer Road. It is our view that the principles of Melissa Grech v Auburn Council have not been properly adhered to in this matter and although no formal offer has been made to purchase the [landowner's] property at 24 Stringer Road, we are acting in good faith to have the assessment report peer reviewed by [the lot owner].

It is our opinion that it is in the best interest of orderly and economic development that Barry Road be extended along the south-west boundary of the development site at 22 Stringer Road, as it will facilitate further residential development, provide more opportunities for 24 Stringer Road to be incorporated in the development of Stringer Road 22 and will provide a better street presentation to both Stringer Road 24 and the proposed development at Stringer Road 22. An assessment of the proposal against the relevant provisions of Karavellas v Sutherland Shire Council [2004] NSWLEC 251 in relation to the potential insulation of 24 Stringer Road has been carried out. In particular, the above submission acknowledges that McGuirk of Chaloner Valuations was engaged by the owner of 24 Stringer Road to conduct a peer review of the valuation and advised that this generally represented an offer to purchase the land.

I refer to our discussions in recent weeks and request that consideration be given to how the proposal enables the future orderly development of Street No. 20 Stringer Road. The location of the DCP road that runs through my property has already been discussed and felt to be an inappropriate location for the road due to the topography of my land.

The construction of Exhibition Street through to Stringer Road is required by the Road

This can then be incorporated on the layout of Stringer Road 22 in light gray showing future layout for adjacent land, as well as any new location of the DCP road and timing for Construction/Connection of these roadworks. This option is not going to work for the actual adjoining landowners for any future DA. I would prefer that the cycleway is not a requirement of these plans at DA or CC stage for 22 Stringer Road.

This includes the construction of a 2.5m wide shared footpath in accordance with the park street requirements set out by the DCP. This approach is consistent with the Road Network Plan and DCP and is considered acceptable. The application has been assessed in accordance with section 79C of the Environmental Planning and Assessment Act 1979 and is considered satisfactory.

While variations to the DCP have been identified, these variations have been addressed and the application is believed to merit support. 92 Stringer Road (and by extension 90 Stringer Road further south) and Lot 13 DP 1213158 and Lot 1 DP 1215081 (same owner) all have ample development potential that will allow for negotiation so that the land can be amalgamated and redeveloped. clearly arranged.


Approved Amended Plan

Compliance with NSW Rural Fire Service Requirements

Compliance with Sydney Water Requirements

Subdivision Certificate Preliminary Review

Community Association Lot

Demolition Notification

7. Demolition Inspections (Subdivision Applications)

Management of Construction and/ or Demolition Waste

Contamination Assessment and Site Remediation

Tree Removal

Tree Removal and Fauna Protection

Trees shall be lopped to minimise the risk of injury or mortality to fauna, such as top-

Disposal of Surplus Excavated Material

Proposed Street Naming

Street Trees

Recycled Water

Process for Council Endorsement of Legal Documentation

17. Water Sensitive Urban Design Handover Process

If Council determines that the WSUD measure is not complying with the conditions of

Road Opening Permit

Protection of Public Infrastructure

Internal Pavement Structural Design Certification

Engineering Works and Design

The following engineering works are required

Driveways crossing the wadi to access the lots on the low side of these roads should be constructed with the allotment works, along with any additional sewage works required to make the construction effective. These driveways should be 4 meters wide with a 1 meter wide grass berm separating them, 500mm on either side of the property boundary, making the total "opening" in the wadi 9 meters wide. Regarding road 1; the width of the existing road reserve is greater than the required width, which means that the extra width must be evenly distributed on either side of the carriageway to provide a wider verge for the footpath.

Partial width reconstruction of the following existing roads is required, including all necessary service adjustments and ancillary works required for efficient construction:. Where partial width reconstruction does not exist opposite, you will be responsible for the design of the footpath bank, curbs and gutters and the reconstruction of 6 m of pavement. In the event that the existing spare road width exceeds the required width, the additional width shall be equally distributed on both sides of the carriageway to provide a wider footpath edge.

The wider 4.5m threshold should be located on the east side of Stringer Street correlating with the cycleway required at this location. Except where a modified curb treatment is required (such as for curbside bio-retainers), rolled curb must be used for all roads except sub-arterial roads or roads fronting a park or corridor the stream.

At the western end of Stringer Road (the new road, formerly Stringer Road) a

Detailed plans for the water sensitive urban design elements must be submitted for

Security Bond Requirements

Detailed Geotechnical Report/ Design and Peer Review Requirements

A detailed geotechnical report must be provided with the detailed design for the

Sediment and Erosion Control Plan

Works on Adjoining Land

Bushland Protection Fencing

29. Protection of Existing Trees

Trenching and excavation within Tree Protection Zone

Traffic Control Plan

Erection of Signage – Supervision of Work

Contractors Details

Sediment and Erosion Control

Service Authority Consultation – Subdivision Works

Demolition Works and Asbestos Management

Discontinuation of Domestic Waste Services

Demolition Waste Management Plan Required

Development Control Plan 2012 Appendix A. The plan must comply with the waste

  • Removal of Septic Tank and Effluent Disposal Area
  • Contamination
  • Asbestos Removal
  • Tree Removal and Fauna Protection
  • Standard of Works
  • Critical Stage Inspections – Subdivision Works
  • Subdivision Earthworks – Lot Topsoil
  • Working Hours

Dust debris should be raised around the perimeter of the site and kept in good condition for the duration of the construction work. All stocks of materials that can create dust must be kept wet or covered. All work must be carried out in accordance with the Council's Subdivisions/Works Specification and must include any necessary works required to make the construction effective.

Subdivision works must be inspected by Council in accordance with the timetable contained in Council's Subdivisions/Developments Works Specification. Where earthworks are indicated, a 150mm deep topsoil shall be provided, suitably compacted and stabilized in accordance with Council Works Specification Subdivisions/Developments. All work must be confined between the hours of 7:00 am and 5:00 pm, Monday through Saturday.

Requests to carry out roadworks on existing public roads during the night to avoid local traffic impacts will also be considered based on the circumstances of the site and must be approved in writing by the Council's Manager - Subdivision and Development Certification. The following monetary contributions must be paid to the Council in accordance with Section 94 of the Environmental Planning and Assessment Act 1979, to provide for the increased demand for public amenities and services arising from the development.

Payments comprise of the following

Occupational Hygienist Report for Asbestos Removal

Validation Report

Vegetation Management Plan (VMP) Implementation

Biodiversity Compliance

Internal Pavement Construction

55. Completion of Subdivision Works

Compliance with NSW Rural Fire Service Requirements

Compliance with Sydney Water Requirements

Western Sydney Growth Areas – Payment of Special Infrastructure Contribution

Works as Executed Plans

Performance/ Maintenance Security Bond

Confirmation of Pipe Locations

Section 73 Compliance Certificate

Provision of Electrical Services

64. Provision of Telecommunication Services

Subdivision Certificate Application

Site/ Lot Classification Report

Stormwater CCTV Recording

Public Asset Creation Summary

Removal/ Amendment of Existing Easements

Final Plan and Section 88B Instrument

Vegetation Protection – Community Association Lot

Management of Area Subject to Vegetation Management Plan (VMP)














Figure  2:  Excerpt  from  Traffic  and  Parking  Assessment  –  Total  Parking  Provision
Figure 1: Lower Ground Floor Plan
Figure 1: Brookhollow Avenue Elevation


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