development assessment unit - the hills shire · development assessment unit meeting 17 october,...

Development Assessment

Unit

Tuesday, 17 October 2017

THE H

ILLS S

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DEVELOPMENT ASSESSMENT UNIT MEETING 17 OCTOBER, 2017

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 1268/2017/LA - CONSTRUCTION OF A SHED -

LOT 3, DP 230086, NO. 3-3A BUSHLAND PLACE,

KENTHURST

5

ITEM-3 DA 1872/2017/HA - SECONDARY DWELLING -

LOT 9 DP 30525, NO. 3 ACRES ROAD, KELLYVILLE

22


PAGE 3

DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE

COUNCIL ON TUESDAY, 10 OCTOBER 2017

PRESENT

Cameron McKenzie Group Manager Environment & Planning (Chair)

Ben Hawkins Acting Manager Subdivision & Development Certification

Daniel Giffney Environmental Health Co-ordinator

Craig Woods Manager Development Monitoring

Janelle Atkins Acting Manager – Forward Planning

Kristine McKenzie Principal Executive Planner

APOLOGIES

Andrew Brooks Manager – Subdivision & Development Certification

Paul Osborne Manager – Development Assessment

TIME OF COMMENCEMENT

8:45am

TIME OF COMPLETION

9:05am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 3 October

2017 be confirmed.

ITEM-2 FURTHER REPORT - DA 543/2017/HC -

ALTERATIONS AND ADDITIONS TO AN EXISTING

CAFE - LOT 101 DP 1147599, NO. 766 RIVER ROAD,

LOWER PORTLAND

RESOLUTION

The application be approved subject to conditions as set out in the report.

NB: A further submission was tabled and considered at the meeting.


PAGE 4

ITEM-3 DA 1517/2017/LA - ALTERATIONS AND ADDITIONS

TO AN EXISTING DWELLING AND A SWIMMING

POOL LOT 45 DP 28285, NO. 30 ULA CRESCENT,

BAULKHAM HILLS

RESOLUTION


ITEM-4 DA 101/2018/HA - A TELECOMMUNICATIONS

FACILITY - FRANCESCO CRESCENT RESERVE NO.

187, 56Z BELLA VISTA

RESOLUTION


END MINUTES


PAGE 5

ITEM-2 DA 1268/2017/LA - CONSTRUCTION OF A SHED -

LOT 3, DP 230086, NO. 3-3A BUSHLAND PLACE,

KENTHURST

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: 17 OCTOBER 2017

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: TOWN PLANNER

KATHRYN SPRANG

RESPONSIBLE OFFICER: PRINCIPAL EXECUTIVE PLANNER

KRISTINE MCKENZIE

Applicant I and K Glettner

Owner I Glettner

Notification 14 days

Number Advised Three

Number of Submissions Two

Zoning RU6 Transition

Site Area 20230m2

List of all relevant

s79C(1)(a) matters

Section 79C (EP&A Act) – Satisfactory.

LEP 2012 – Satisfactory.

DCP Part B Section 1 – Rural – Variation required, see

report.

Political Donation None Disclosed

Reason for Referral to

DAU

1. Variation to DCP.

2. Submissions received.

Recommendation Approval subject to conditions

EXECUTIVE SUMMARY

The Development Application is for a shed with an attached carport. The shed has an

area of 74.92m2 and the carport has an area of 32.33m2.

The proposed development includes a variation to DCP Part B Section 1 - Rural in

relation to cut and fill. The DCP requires that the maximum cut shall not exceed 1 metre

and the maximum fill shall not exceed 600mm. The proposed cut is 1.2 metres and the


PAGE 6

proposed fill is 1.3 metres. The variations are considered satisfactory as the proposal has

been designed with regard to the topography of the lot and will not cause an

unreasonable impact upon the amenity of adjoining properties.

The application was notified and submissions from two property owners were received.

The issues raised primarily relate to privacy, removal of trees and landscape screening,

stormwater management, negative impacts on vista/outlook, setbacks, cut and fill,

overshadowing, inappropriate location for the shed and the use of the shed. The

proposed shed has a satisfactory design which is in keeping with the existing and future

desired character of the area. The proposal limits the potential for overlooking and

satisfactory solar access is provided to the subject site and adjoining properties. The

proposal will not result in an unreasonable impact to adjoining properties.

The application is recommended for approval subject to conditions.

BACKGROUND

The site contains an existing approved dual occupancy (DA 3219/2003/HD) and

swimming pool. The plans and information for the current proposal have been amended

and re-submitted a number of times to address setbacks, design and adequacy of plans.

PROPOSAL

The Development Application is for a shed with an attached carport. The shed will have

of an area of 74.92m2 and the attached carport has an area of 32.23m2.

The proposed building materials are to be metal and the external colour scheme is

woodland grey.

ISSUES FOR CONSIDERATION

1. Compliance with DCP Part B Section 1 - Rural

The proposal has been assessed against the provisions of DCP Part B Section 1 – Rural.

The proposed development achieves compliance with the relevant requirements of the

Development Controls with the exception of the following:

DEVELOPMENT

CONTROL

DCP

REQUIREMENTS

PROPOSED

DEVELOPMENT

COMPLIANCE

Cut and Fill Maximum cut shall not

exceed: 1 metre

Maximum fill shall not

exceed: 600mm

Cut: 1.2 metres

Fill: 1.3 metres

No, however the

earthworks are

considered

reasonable given

the topography of

the land and there

are no

unreasonable

impacts on

adjoining owners.


PAGE 7

i. Cut and Fill

The DCP states that maximum cut shall not exceed 1 metre and maximum fill shall not

exceed 600mm. The proposed cut is 1.2 metres and the proposed fill is 1.3 metres.

The applicant has provided the following justification:

We request a variation to the cut and fill controls be considered.

The cut and fill has been adjusted due to site constraints and topography of the site.

These adjustments are minimal and only relate to a small section of the development.

Situated under the rocky outcrop, the funnel shaped floorplan reduces the amount of cut

into the high side of the ridge. The north facing wall follows the 148m contour line,

embedding the shed into the landscape and reducing its scale and bulk. The ridge line at

a height of 151.80m is below the top of the rocky outcrop, maintaining the bushland

setting. Native landscaping will provide screening and preserve the scenic and

environmental qualities of the area.

The west facade, in close proximity to the pool and outdoor recreation area, reflects this

outdoor space by being partly open and serving as a carport.

The new shed with integrated carport has been designed to fit into its bushland setting

maintaining the open rural feel of the area, and is consistent with the scale and

character of surrounding developments.

Comment:

The DCP provides the following Statement of Outcomes in relation to new development:-

The scale, siting and visual appearance of new development maintains the

open rural feel of the landscape and preserves scenic and environmental

qualities of the area.

The location of new rural/ residential development is to have regard to the

potential impacts arising from existing adjacent rural business activities.

The proposed earthworks are balanced and are reflective of the site constraints of the

lot. It is not anticipated that there will be any adverse impacts to adjoining properties

due to the extent of excavation or fill. The proposed shed is set back 5 metres from the

northern boundary. Further, planting is proposed between the shed and northern

boundary comprising of a selection of plants that will have a minimum mature height of

5 metres. This will assist with ensuring that the rural character of the area is maintained.

The proposed variation to the earthworks is considered to be satisfactory in this

instance.

2. Issues Raised in Submissions

The proposal was exhibited and notified for 14 days. The issues raised in the

submissions are summarised below.


PAGE 8

ISSUE/OBJECTION COMMENT

The proposed shed will overlook the

adjoining private open spaces and result

in undue privacy impacts.

The shed is a non-habitable structure and is

not considered a high use area.

The setback to the side boundary has been

increased from 1 metre to 5 metres with

landscape screening proposed between the

shed and boundary. The proposed setback

complies with the DCP.

The proposed development will not result in

unreasonable privacy impacts to adjoining

properties.

The removal of trees will result in an

undesirable outlook and destroy the

bush vista.

The construction of the shed and carport

requires the removal of nine trees. Conditions

of consent are recommended to offset the

removal of trees with replacement tree

planting and protect trees that are to be

retained (See Conditions 4, 7 and 8).

A condition of consent is also recommended

for screen planting between the shed and the

property boundary (See Condition 7).

The proposed development will maintain the

rural character of the area.

Concern regarding stormwater

management and where this will be

directed.

A condition of consent is recommended that

requires that stormwater run-off is to be

directed to the rear of the subject site via a

level spreader or similar (See Condition 6).

The DCP establishes that a five metre

setback is required for sheds.

The plans lodged with the Development

Application proposed a minimum side setback

to the northern boundary of 1 metre.

Amended plans submitted propose a

minimum side setback of 5 metres. The

proposed setback complies with the DCP.

The cut and fill proposed is contrary to

the DCP requirements.

The variation to the DCP has been addressed

and is considered satisfactory (See Section 1

above).

It is recommended that Council

condition that the screen planting be a

minimum of 4 metres high when initially

planted and that the plants have a

minimum mature height of 5 metres.

The proposed landscape screening

between the shed and boundary is too

close to the boundary and will not allow

for maintenance.

Council’s Landscape Assessment Officer has

reviewed the proposal and recommended a

condition of consent regarding suitable

landscape screening. The condition details

length of screen planting, spacing of plants,

minimum pot sizes and species of plants that

may be used for the purpose of screening.

The plant species as per the condition are

anticipated to have a minimum mature height

of 5 metres and provide dense screening

when mature (See Conditions 7 and 25).

The proposed shed will result in

unreasonable overshadowing impacts to

adjoining properties.

The shed is single storey in nature and has a

maximum height of 5 metres. Given the

orientation of the site and the location of the

shed, there will be no unreasonable shadow

impact to adjoining properties.


PAGE 9


The proposed location is not suitable as

there are other places on site that

would not require as much tree removal

and would have less adverse impacts to

adjoining properties.

The proposed location is considered

reasonable given that direct vehicle access is

available and the shed is in close proximity to

the existing dwellings and swimming pool.

Concern that the shed may be used for

commercial activity or converted to a

dwelling.

A condition of consent is recommended which

states that the shed is not to be used for

separate habitation, dual occupancy,

commercial or industrial purposes (See

Condition 11).

3. Referrals

The application was referred to following sections of Council:

Subdivision

Tree Management

The application was also referred to the NSW Rural Fire Service who advised that no

concerns or issues were raised in relation to bush fire.

No objection was raised to the proposal subject to conditions.

CONCLUSION

The Development Application has been assessed against the relevant heads of

consideration under Section 79C of the Environmental Planning and Assessment Act,

1979, Local Environmental Plan 2012 and DCP Part B Section 1 Rural 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 Development Application be approved subject to the following conditions of consent.


PAGE 10

GENERAL MATTERS

1. Development in Accordance with Submitted Plans

The development being carried out in accordance with the following approved plans and

details, as amended in red, stamped and returned with this consent except where

amended by other conditions of consent.

The amendment in red requires the external colour of the shed to be woodland grey.

REFERENCED PLANS AND DOCUMENTS

DESCRIPTION REVISION DATE

Roof Plan A 11/09/2017

Site Plan - 24/07/2017

Floor Plan - 24/07/2017

Elevations – amendment in red A 11/09/2017

Elevations – amendment in red A 11/09/2017

No work (including excavation, land fill or earth reshaping) shall be undertaken prior to

the issue of the Construction Certificate, where a Construction Certificate is required.

2. Construction Certificate

Prior to construction of the approved development, it is necessary to obtain a

Construction Certificate. A Construction Certificate may be issued by Council or an

Accredited Certifier. Plans submitted with the Construction Certificate are to be amended

to incorporate the conditions of the Development Consent.

3. Building Work to be in Accordance with BCA

All building work must be carried out in accordance with the provisions of the Building

Code of Australia.

4. Tree Removal

Approval is granted for the removal of trees numbered 6-12 and 19-20 as detailed in the

Arboricultural Impact Assessment prepared by McArdle Arboricultural Consultancy dated

27/7/2017.

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.

5. 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 an Occupation Certificate is issued. Any damage must be made good in

accordance with the requirements of Council and to the satisfaction of Council.

6. Stabilisation Works and Stormwater Drainage

The site, particularly the proposed development is located in the locality of steep land

(20% or greater) and is subject to earth works cut and/or fill that needs to be stabilised.

a) Detailed Geotechnical Report

A geotechnical report is required to be submitted with the construction certificate

documentation. The report must address the following (at a minimum):


PAGE 11

The detailed design of all construction matters of the development, and the required

stabilisation works.

Be prepared by a suitably qualified person, according to the Australian Geomechanics

Society (AGS) criteria called up by the Development Control Plan (DCP) and the

Geotechnical Assessment Policy.

Quantify the existing Slope Instability risk according to the AGS criteria called up by

the DCP and policy (very low and low).

Comments and design and construction recommendation on the proposed works.

The impacts of construction activities on nearby buildings or structures, also the

structures on adjoining lands.

Any recommendations relating to the design, construction and reporting, including post

construction, arising from the report must be implemented as part of the proposed

works.

b) Stormwater Drainage – Rural

Stormwater runoff from the development, to be dispersed over the rear of the site via a

level spreader/ absorption trench or similar, they must be designed to the geotechnical

engineer’s recommendation requested above.

7. Screen Planting Requirements

Screen planting to the northern boundary is to be for a length of 24 metres as shown on

the approved site plan. Shrubs for screening are to be in two rows with the first row set

800mm off the boundary and the next row to be offset 800mm from the first row. Plants

are to be a minimum 45 litre pot size and set at 900mm centres. Species are to be

selected from the following list;

-Syzigium Resilience (Lilly Pily)

-Callistemon ‘Endeavour’ (Bottlebrush)

-Hakea salicifolia (Willow leafed Hakea)

-Leptospermum polygalifolium (Lemon Scented Tea Tree)

8. Replacement Planting Requirements

To maintain the treed environment of the Shire 10 advanced (min 25 litres) replacement

trees from the following list are to be planted elsewhere within the property.

Corymbia eximia Yellow Bloodwood

Syncarpia glomulifera Turpentine

Eucalyptus acmenoides White Mahogany

Eucalyptus pilularis Blackbutt

Eucalyptus piperita Sydney Peppermint

Eucalyptus punctata Grey Gum

9. External Finishes

External finishes and colours shall be in accordance with the details submitted with the

development application and approved with this consent.

10. Adherence to Waste Management Plan

All requirements of the Waste Management Plan submitted to and approved by Council

must be implemented during the construction and/or demolition phases of the

development, as well as the ongoing management phase. The information submitted can

change provided that the same or a greater level of reuse and recycling is achieved as

detailed in the plan. Any material moved offsite is to be transported in accordance with


PAGE 12

the requirements of the Protection of the Environment Operations Act 1997 and only to a

place that can lawfully be used as a waste facility. 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.

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.

11. Restriction on Building Use

The site is not to be used or converted for use for separate habitation, dual occupancy,

commercial or industrial purposes.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

12. Structural Certificate

A certificate of structural adequacy from a suitably qualified structural engineer is

required to be submitted with the construction certificate.

The certificate must be confirming that the structures have been designed according to

the recommendation of the geotechnical report submitted as per a separate condition of

this consent.

PRIOR TO WORK COMMENCING ON THE SITE

13. 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 and the

approved Arboriculutral Impact Assessment prepared by McArdle Arboricultural

Consultancy dated 27/07/17.

At a minimum a 1.8m high chain-wire fence is to be erected at least three (3) 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.

The installation of services within the root protection zone is not to be undertaken

without prior consent from Council.

14. Sydney Water Building Plan Approval

A building plan approval must be obtained from Sydney Water Tap in™ to ensure that

the approved development will not impact Sydney Water infrastructure.

A copy of the building plan approval and receipt from Sydney Water Tap in™ (if not

already provided) must be submitted to the Principal Certifying Authority upon request

prior to works commencing.

Please refer to the website http://www.sydneywater.com.au/tapin/index.htm, Sydney

Water Tap in™, or telephone 13 20 92.


PAGE 13

15. Principal Certifying Authority

A sign is to be erected in accordance with Clause 98 A (2) of the Environmental Planning

and Assessment Regulations 2000.

16. Erosion and Sedimentation Controls

Erosion and sedimentation controls shall be in place prior to the commencement of site

works; and maintained throughout construction activities until the site is landscaped

and/or suitably revegetated. The controls shall be in accordance with the details

approved by Council and/or as directed by Council Officers. These requirements shall be

in accordance with Managing Urban Stormwater – Soils and Construction produced by

the NSW Department of Housing (Blue Book).

17. Stabilised Access Point

A stabilised all weather access point is to be provided prior to commencement of site

works, and maintained throughout construction activities until the site is stabilised. The

controls shall be in accordance with the requirements with the details approved by

Council and/or as directed by Council Officers. These requirements shall be in

accordance with Managing Urban Stormwater – Soils and Construction produced by the

NSW Department of Housing (Blue Book).

18. Builder and PCA Details Required

Notification in writing of the builder’s name, address, telephone and fax numbers to be

submitted to the Principal Certifying Authority prior to work commencing.

Two days before work commences, Council shall be notified of the Principal Certifying

Authority in accordance with the Regulations.

DURING CONSTRUCTION

19. Protection of Existing Vegetation

Vegetation not authorised for removal by this consent shall be protected during

construction to ensure that natural vegetation and topography on the subject site is not

unnecessarily disturbed.

Any excavated material not used in the construction of the subject works is to be

removed from the site to a licensed facility and under no circumstances is to be

deposited in bushland areas.

20. Tree Removal & Fauna Protection

Prior to tree removal commencing on site a minimum AQF level 3 arborist is to

undertake and aerial inspection of hollows within tree 11. Where fauna is identified, an

experienced wildlife handler is to be engaged to assist in removal to another suitable

location on site.

Where additional fauna is identified during tree removal works, an experienced wildlife

handler is to be engaged to re-locate any fauna that may be displaced during this

activity. Any injured fauna is to be appropriately cared for and released on site when re-

habilitated (please note only appropriately vaccinated personnel are to handle bats).

Where possible, trees shall be lopped in such a way that the risk of injury or mortality to

fauna is minimised, such as top-down lopping, with lopped sections gently lowered to the

ground, or by lowering whole trees to the ground with the “grab” attachment of a

machine.

Tree hollows are to be salvaged from trees removed and placed within the bushland

areas of the site. This is to be done by a qualified and experienced arborist.

21. Hours of Work

Work on the project to be limited to the following hours: -


PAGE 14

Monday to Saturday - 7.00am to 5.00pm;

No work to be carried out on Sunday or Public Holidays.

The builder/contractor shall be responsible to instruct and control sub-contractors

regarding the hours of work.

22. Compliance with Critical Stage Inspections and Other Inspections

Nominated by the Principal Certifying Authority

Section 109E(3)(d) of the Act requires certain specific inspections (prescribed by Clause

162A of the Regulations) and known as “Critical Stage Inspections” to be carried out for

building work. Prior to permitting commencement of the work, your Principal Certifying

Authority is required to give notice of these inspections pursuant to Clause 103A of the

Regulations.

N.B. An Occupation Certificate cannot be issued and the building may not be able to be

used or occupied where any mandatory critical stage inspections or other inspections

required by the Principal Certifying Authority are not carried out.

Where Council is nominated as Principal Certifying Authority, notification of all

inspections required is provided with the Construction Certificate approval.

NOTE: You are advised that inspections may only be carried out by the PCA

unless by prior agreement of the PCA and subject to that person being an

accredited certifier.

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE

23. Completion of Stabilisation Works

An Occupation Certificate must not be issued prior to the completion of all stabilisation

works covered by this consent.

24. Stabilisation Works and Certificates

The stabilisation works proposed with the development must be completed to the

satisfaction of the Principal Certifying Authority (PCA) prior to the issuing of an

Occupation Certificate.

The following documentation must be submitted to the PCA upon completion of the

works and prior to a final inspection.

A certificate of structural adequacy from a suitably qualified structural engineer verifying

that the structures associated with the development have been completed according to

the recommendation of the geotechnical report submitted as per a separate condition of

this consent.

A Geotechnical engineer’s certificate confirming that the stabilisation works have been

completed in accordance with the recommendation of the geotechnical report submitted

as per the condition of consent above.

25. Landscaping Prior to Issue of Occupation Certificate

Landscaping screening required along the common boundary with 4 Bushland place shall

be carried out prior to issue of the Occupation Certificate (interim or final). All

landscaping on site is to be maintained at all times in accordance with THDCP Part C,

Section 3 – Landscaping and the approved landscape plan.


PAGE 15

ATTACHMENTS

1. Locality Plan

2. Aerial Photograph

3. Aerial Photograph – approximate location

4. Site Plan

5. Elevations


PAGE 16

ATTACHMENT 1 – LOCALITY PLAN


PAGE 17

ATTACHMENT 2 – AERIAL PHOTOGRAPH


PAGE 18

ATTACHMENT 3 – AERIAL PHOTOGRAPH – APPROXIMATE LOCATION

Approximate shed location


PAGE 19

ATTACHMENT 4 – SITE PLAN


PAGE 20

ATTACHMENT 5 – ELEVATIONS


PAGE 21


PAGE 22

ITEM-3 DA 1872/2017/HA - SECONDARY DWELLING - LOT

9 DP 30525, NO. 3 ACRES 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: 17 OCTOBER 2017

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR TOWN PLANNER

GREG SAMARDZIC

RESPONSIBLE OFFICER: PRINCIPAL EXECUTIVE PLANNER

KRISTINE MCKENZIE

Applicant N Kalada

Owner N Kalada and S Kalada

Exhibition / Notification 14 days

Number Advised 19

Number of Submissions Two including a petition containing 13 signatures

Zoning R2 Low Density Residential

Site Area 695m2

List of all relevant

s79C(1)(a) matters

Section 79C (EP&A Act) – Satisfactory.

SEPP Affordable Rental Housing 2009 – Satisfactory.

LEP 2012 – Satisfactory.

DCP Part B Section 2 – Residential – Variation, see report.

Political Donation None Disclosed

Reasons for Referral to

DAU

1. Variation to DCP.

2. Two submissions received.

Recommendation Approval subject to conditions

EXECUTIVE SUMMARY

The Development Application is for the demolition of an existing outbuilding/garage

which is currently being used as an unauthorised secondary dwelling and the

construction of a secondary dwelling. The proposal complies with the relevant

requirements of State Environmental Planning Policy (Affordable Rental Housing) 2009.

DCP Part B Section 2 – Residential requires that the principal dwelling be provided with

one parking space behind the building line. The proposed parking for the principal

dwelling is on an existing driveway off Acres Road which is forward of the building line.


PAGE 23

The proposed variation is considered satisfactory as it will not result in an unreasonable

impact to adjoining property or streetscape.

The application was notified to surrounding property owners and two submissions were

received including a petition containing 13 signatures. The issues raised in the

submissions primarily relate to privacy, amenity, traffic and parking. Amended plans

were submitted which deleted a window and provided high sill windows along the

eastern boundary to reduce potential impacts on the adjoining property. Given the scale

of the development it is considered that a secondary dwelling will have a negligible

impact on the local traffic environment. A secondary dwelling to replace an existing

structure located within the site is reasonable and will not significantly affect the amenity

of adjoining property owners.

The Development Application is recommended for approval subject to conditions.

BACKGROUND

On 22 May 2017 Development Application No. 345/2017/HA for use of an unauthorised

secondary dwelling within an existing outbuilding was withdrawn and on 8 June 2017 the

subject Development Application lodged.

PROPOSAL

The Development Application is for the demolition of an existing outbuilding/garage

which is currently being used as an unauthorised secondary dwelling and construction of

a secondary dwelling under State Environmental Planning Policy (Affordable Rental

Housing) 2009. The secondary dwelling will have a floor area of 60m². The dwelling will

contain an open living/kitchen area, two bedrooms and a bathroom. The proposed

structure is set back a minimum of 900mm to the eastern (side) and southern (rear)

boundaries.

ISSUES FOR CONSIDERATION

1. Compliance with State Environmental Planning Policy (Affordable Rental

Housing) 2009

SEPP (Affordable Rental Housing) 2009 defines a secondary dwelling as follows;

development for the purposes of a secondary dwelling includes the following:

(a) the erection of, or alterations or additions to, a secondary dwelling,

(b) alterations or additions to a principal dwelling for the purposes of a

secondary dwelling.

Note.

The standard instrument defines secondary dwelling as follows:

secondary dwelling means a self-contained dwelling that:

(a) is established in conjunction with another dwelling (the principal dwelling), and

(b) is on the same lot of land (not being an individual lot in a strata plan or

community title scheme) as the principal dwelling, and

(c) is located within, or is attached to, or is separate from, the principal dwelling.”

The proposal satisfies the above definition.

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Depi%20AND%20Year%3D2009%20AND%20No%3D364&nohits=y





PAGE 24

The following development standards apply to Development Applications that are not

classed as complying development:

SEPP Requirement Proposal Compliance

Floor area of secondary

dwelling must be no more

than 60m².

Floor area of proposed dwelling is

60m².

Yes

Site area must be over

450m².

Site area is 695m². Yes

Additional parking does

not have to be provided.

No additional parking is proposed. Yes

Total floor area of principal

and secondary dwellings to

be no more than that

permitted under another

EPI.

LEP 2012 does not specify a

maximum floor area for dwellings and

there is no FSR limit for the subject

site. DCP Part B Section 3 - Dual

Occupancy contains an FSR limit of

0.5:1. The proposed FSR is 0.35:1.

Yes

The intent of the development standards under SEPP (Affordable Rental Housing) 2009 is

to set clear standards for the development of a secondary dwelling. The proposal was

lodged as a Development Application rather than Complying Development as the

proposal does not meet the required rear setback for a Complying Development. In this

regard the SEPP requires a 3 metre rear setback for complying Development. A setback

of 900mm is required. The proposal complies with other complying development

standards such as maximum site coverage, maximum floor area for principal/secondary

dwellings, building height and secondary frontage setback requirements.

Given that approval is sought under a Development Application, and not a Complying

Development Certificate, the development standard does not apply and the

appropriateness of the rear setback becomes a merit consideration. The merits of the

rear setback has been reviewed and is considered satisfactory on the basis of the height

and design of the secondary dwelling.

The proposal complies with the relevant provisions of the SEPP Affordable Rental

Housing 2009.

2. Compliance with DCP Part B Section 2 – Residential

The proposal has been assessed against The Hills DCP and the proposal complies with

the DCP with the exception of the following car parking requirement:

DEVELOPMENT

STANDARD

DCP PROPOSED COMPLIANCE

Car Parking and

Vehicular Access

At least one car

parking space is to

be provided behind

the front building

line for the principlal

dwelling.

The existing garage

is proposed to be

demolished to

construct the

secondary dwelling.

The principal

dwelling will provide

parking on the

driveway off Acres

Road.

No – however

parking is available

on the driveway for

the principal

dwelling.


PAGE 25

a. Car Parking

DCP Part B Section 2 - Residential requires at least one car parking space to be provided

behind the front building line for the principal dwelling. The demolition of the existing

garage and construction of the secondary dwelling results in the loss of the existing

parking for the principal dwelling. The principal dwelling will be provided with parking on

the driveway forward of the dwelling off Acres Road. It is noted that the SEPP does not

require parking to be provided for the secondary dwelling.

The applicant has provided the following justification:

There is parking available for the main residence off Acres Road.

Comment:

The relevant DCP objectives are:

(i) To ensure dwellings have adequate areas of ingress and egress from the local

road system and satisfactory on-site access in accordance with Council’s ESD

Objective 7.

(ii) To provide sufficient and convenient parking for residents and visitors to the

site.

(iii) To ensure that adequate car parking is provided on-site so as to prevent

inconvenience to residents and congestion in nearby streets in accordance

with Council’s ESD objective 5.

The proposed variation is supported as there is off street parking spaces available on the

driveway area off Acres Road. As the existing garage is currently being used as an

unauthorised secondary dwelling, this will be a continuation of the existing parking

arrangement currently used by the residents.

While the parking area is located forward of the dwelling, it will not unreasonably impact

on the streetscape or adjoining properties or result in an adverse impact to the traffic

environment of the area.

The proposed parking for the principal dwelling is considered satisfactory.

3. Issues Raised in Submissions

The Development Application was notified for a period of 14 days and two submissions

including a petition containing 13 signatures were received. The issues raised are

summarised in the table below:


PAGE 26


The wall on the east side of the existing granny

flat currently divides both properties. It is

requested that the applicant install a new

fence.

A condition has been recommended

that the applicant erect a 1.8m high

lapped and capped fence at the

applicant/developers cost along the

common boundary (See Condition No.

4).

Currently there are no windows to the eastern

boundary. The adjoining house has big

bedroom windows facing the secondary

dwelling and there are three windows proposed

on their side which will create adverse privacy

impacts. It is requested that there be no

windows on this side.

The applicant has submitted revised

plans which delete one window along

the side boundary (reducing the

number of windows from three to two).

The two remaining windows are high

sill windows (with a minimum 1.5m sill

height) which will reduce potential

privacy impacts and minimise

opportunity for overlooking.

The proposed two bedroom granny flat has no

off street parking and will add to the current

traffic hazards on Spring Road in particular on

school children as there are too many cars

parked on this narrow road. There are two cars

from the residents of the granny flat at No. 5

Acres Road which are parked on the roads

constantly. There are more local residents that

park on this road to catch the bus on Acres

Road. Approval of the granny flat will see more

cars parked on the road and the property

should have its own off street parking.

SEPP Affordable Rental Housing 2009

does not require the provision of any

additional car parking to be provided

for the secondary dwelling. As outlined

above in Section 2, the proposed

parking for the principal dwelling is

considered satisfactory.

It is requested that construction times are not

too early or too late

A condition has been recommended

which requires compliance with

Council’s standard hours of works

which are 7am – 5pm with no work on

Sundays or Public Holidays (See

Condition No. 24).

TREE MANAGEMENT COMMENTS

Council’s Landscape Assessment Officer has assessed the proposal and raised no

objections subject to conditions.

CONCLUSION

The proposed development has been assessed against Section 79C of the Environmental

Planning and Assessment Act 1979, State Environmental Planning Policy (Affordable

Rental Housing) 2009 and DCP Part B Section 2 – Residential and is considered

satisfactory. The issues raised in the submissions have been addressed in this report and

do not warrant refusal of the subject Development Application.

Accordingly, approval of the Development Application subject to conditions is

recommended.


PAGE 27

IMPACTS

Financial

This matter has no direct financial impact upon Council’s adopted budget or forward

estimates.

Strategic Plan - Hills Future

The Hills Future Community Strategic Plan outlines the aspirations of community

residents for The Hills Shire region. Desired community outcomes include balanced urban

growth, vibrant communities and a protected environment. The social and environmental

impacts have been addressed in the report and are consistent with the outcomes of The

Hills Future Community Strategic Plan.

RECOMMENDATION

The Development Application be approved subject to the following conditions of consent.

GENERAL MATTERS

1. Development in Accordance with Submitted Plans

The development being carried out in accordance with the following approved plans and

details, stamped and returned with this consent except where amended by other

conditions of consent.

REFERENCED PLANS AND DOCUMENTS

DRAWING NO. DESCRIPTION DATE

A 45/17/1 Site Plan May 2017

A 45/17/2 Proposed Floor Plan, Proposed

Roof Plan and Section X-X

17/8/2017

A 45/17/3 Elevations 17/8/2017

A 45/17/6 Landscaping Plan May 2017

A 45/17/7 BASIX Requirements on Plan May 2017

- Colour Schedule -

No work (including excavation, land fill or earth reshaping) shall be undertaken prior to

the issue of the Construction Certificate, where a Construction Certificate is required.

2. Construction Certificate

Prior to construction of the approved development, it is necessary to obtain a

Construction Certificate. A Construction Certificate may be issued by Council or an

Accredited Certifier. Plans submitted with the Construction Certificate are to be amended

to incorporate the conditions of the Development Consent.

3. Building Work to be in Accordance with BCA

All building work must be carried out in accordance with the provisions of the Building

Code of Australia.

4. Fencing

A 1.8m high lapped and capped fence is to be erected along the boundary with No. 1

Spring Road. The fence is to be at the cost of the applicant/developer.


PAGE 28

5. Adherence to Waste Management Plan

All requirements of the Waste Management Plan submitted to and approved by Council

must be implemented during the construction and/ or demolition phases of the

development, as well as the ongoing management phase. The information submitted can

change provided that the same or a greater level of reuse and recycling is achieved as

detailed in the plan. Any material moved offsite is to be transported in accordance with

the requirements of the Protection of the Environment Operations Act 1997 and only to a

place that can lawfully be used as a waste facility. 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. Management of Construction and/or Demolition Waste

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. This includes waste

materials such as paper and containers which must not litter the site or leave the site

onto neighbouring public or private property. A separate dedicated bin must be provided

onsite by the builder for the disposal of waste materials such as paper, containers and

food scraps generated by all workers. 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. Any material moved offsite

is to be transported in accordance with the requirements of the Protection of the

Environment Operations Act 1997 and only to a place that can lawfully be used as a

waste facility. The separation and recycling of the following waste materials is required:

metals, timber, masonry products and clean waste plasterboard. This can be achieved by

source separation onsite, that is, a bin for metal waste, a bin for timber, a bin for bricks

and so on. Alternatively, mixed waste may be stored in one or more bins and sent to a

waste contractor or transfer/ sorting station that will sort the waste on their premises for

recycling. 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.

7. External Finishes

External finishes and colours shall be in accordance with the details submitted with the

development application and approved with this consent.

8. Commencement of Domestic Waste Service

The property owner or agent acting for the owner must ensure to arrange the

commencement of a domestic waste service with Council. The service is to be arranged

no earlier than two days prior to occupancy and no later than two days after occupancy

of the development. All requirements of Council’s domestic collection service must be

complied with at all times. Please telephone Council on (02) 9843 0310 for the

commencement of waste services.

9. House Numbering

The responsibility for house/unit numbering is vested solely in Council in order to provide

a consistent and accurate system of street numbering throughout the Shire.

Should an additional house number be needed for the secondary dwelling, you are

required to contact Council’s Land Information Section on 9843 0397. The address

available for the secondary dwelling will be 1A Spring Street Kellyville.

The use of the additional address is not granted until Council have been contacted. At

that time, Authorities will be advised that the second house number is valid.

The street numbers as issued are to be displayed at the entrance to the property for mail

delivery and service providers including emergency services.

10. Tree Removal

Approval is granted for the removal of one Camphor Laurel (Cinnamomum camphora)

located on northern boundary.


PAGE 29

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.

11. Planting Requirements

All trees planted as part of the approved landscape plan are to be minimum 75 litre pot

size. All shrubs planted as part of the approved landscape plan are to be minimum

200mm pot size. Groundcovers are to be planted at 5/m2.

The following screen shrub planting is to be undertaken:

- to the eastern boundary between northern boundary and proposed Granny Flat a

minimum three shrubs are to be planted; and

- to the northern boundary from proposed path in a western direction along

boundary, a minimum five shrubs are to be planted.

Shrub species to be selected from the following list;

- Callistemon citrinus ‘Endeavour’ Red Bottlebrush

- Murraya paniculata Orange Jessamine

- Syzigium australe ‘Select’ (Lilly Pilly)

12. Replacement Planting Requirements

To maintain the treed environment of the Shire one 75 litre replacement tree from the

following list is to be planted within the rear of the property.

Acmena smithii Lilly Pilly

Backhousia citriodora Lemon scented Myrtle

Ceratopetalum gummiferum NSW Christmas Bush

Elaeocarpus reticulatus Blueberry Ash

Tristaniopsis laurina Water Gum

PRIOR TO WORK COMMENCING ON THE SITE

13. Principal Certifying Authority

A sign is to be erected in accordance with Clause 98 A (2) of the Environmental Planning

and Assessment Regulations 2000.

14. Builder and PCA Details Required

Notification in writing of the builder’s name, address, telephone and fax numbers to be

submitted to the Principal Certifying Authority prior to work commencing.

Two days before work commences, Council shall be notified of the Principal Certifying

Authority in accordance with the Regulations.

15. Management of Building Sites – Builder’s Details

The erection of suitable fencing or other measures to restrict public access to the site

and building works, materials or equipment when the building work is not in progress or

the site is otherwise unoccupied.

The erection of a sign, in a prominent position, stating that unauthorised entry to the

site is not permitted and giving an after hours’ contact name and telephone number. In

the case of a privately certified development, the name and contact number of the

Principal Certifying Authority.


PAGE 30

16. Approved Temporary Closet

An approved temporary closet connected to the sewers of Sydney Water, or alternatively

an approved chemical closet is to be provided on the land, prior to building operations

being commenced.

17. Stabilised Access Point

A stabilised all weather access point is to be provided prior to commencement of site

works, and maintained throughout construction activities until the site is stabilised. The

controls shall be in accordance with the requirements with the details approved by

Council and/or as directed by Council Officers. These requirements shall be in

accordance with Managing Urban Stormwater – Soils and Construction produced by the

NSW Department of Housing (Blue Book).

18. Erection of Signage – Supervision of 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:

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

b) The name and telephone number (including after hours) of the person responsible for

carrying out the works;

c) 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.

19. Sydney Water Building Plan Approval

A building plan approval must be obtained from Sydney Water Tap in to ensure that the

approved development will not impact Sydney Water infrastructure.

A copy of the building plan approval receipt from Sydney Water Tap in must be

submitted to the Principal Certifying Authority upon request prior to works commencing.

Please refer to the web site http://www.sydneywater.com.au/tapin/index.htm- Sydney

Water Tap in, or telephone 13 20 92.

20. 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 (3) 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.

The installation of services within the root protection zone is not to be undertaken

without prior consent from Council.

http://www.sydneywater.com.au/tapin/index.htm


PAGE 31

21. Trenching within Tree Protection Zone

Any trenching or excavation for the proposed dwelling or installation of drainage,

sewerage, irrigation or any other services shall not occur within the Tree Protection Zone

of trees identified for retention within neighbouring property without prior notification to

Council (72 hours’ notice) or under supervision of a project arborist.

If supervision by a project arborist is selected, certification of supervision must be

provided to the Certifying Authority within 14 days of completion of trenching works.

Root pruning should be avoided, however where necessary, all cuts shall be clean cuts

made with sharp tools such as secateurs, pruners, handsaws, chainsaws or specialised

root pruning equipment. Where possible, the roots to be pruned should be located and

exposed using minimally destructive techniques such as hand-digging, compressed air or

water-jetting, or non-destructive techniques. All root pruning must be done in

accordance with Section 9 of Australia Standard 4373-2007 Pruning of Amenity Trees.

22. Erosion and Sedimentation Controls

Erosion and sedimentation controls shall be in place prior to the commencement of site

works and maintained throughout construction activities, until the site is landscaped

and/or suitably revegetated. These requirements shall be in accordance with Managing

Urban Stormwater – Soils and Construction (Blue Book) produced by the NSW

Department of Housing.

This will include, but not be limited to a stabilised access point and appropriately locating

stockpiles of topsoil, sand, aggregate or other material capable of being moved by water

being stored clear of any drainage line, easement, natural watercourse, footpath, kerb or

roadside.

DURING CONSTRUCTION

23. 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 Private Certifying Authority within 14 days of

completion of the works.

24. Hours of Work

Work on the project to be limited to the following hours: -

Monday to Saturday - 7.00am to 5.00pm;

No work to be carried out on Sunday or Public Holidays.

The builder/contractor shall be responsible to instruct and control sub-contractors

regarding the hours of work.

25. Dust Control

The emission of dust must be controlled to minimise nuisance to the occupants of the

surrounding premises. In the absence of any alternative measures, the following

measures must be taken to control the emission of dust:

All dusty surfaces must be wet down and suppressed by means of a fine water

spray. Water used for dust suppression must not cause water pollution; and

All stockpiles of materials that are likely to generate dust must be kept damp or

covered.


PAGE 32

26. Compliance with BASIX Certificate

Under clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a

condition of this Development Consent that all commitments listed in BASIX Certificate

No. 828803S be complied with. Any subsequent version of the BASIX Certificate will

supersede all previous versions of the certificate.

A Section 96 Application may be required should the subsequent version of a BASIX

Certificate necessitate design changes to the development. However, a Section 96

Application will be required for a BASIX Certificate with a new number.

27. Compliance with Critical Stage Inspections and Other Inspections

Nominated by the Principal Certifying Authority

Section 109E(3)(d) of the Act requires certain specific inspections (prescribed by Clause

162A of the Regulations) and known as “Critical Stage Inspections” to be carried out for

building work. Prior to permitting commencement of the work, your Principal Certifying

Authority is required to give notice of these inspections pursuant to Clause 103A of the

Regulations.

N.B. An Occupation Certificate cannot be issued and the building may not be able to be

used or occupied where any mandatory critical stage inspections or other inspections

required by the Principal Certifying Authority are not carried out.

Where Council is nominated as Principal Certifying Authority, notification of all

inspections required is provided with the Construction Certificate approval.

NOTE: You are advised that inspections may only be carried out by the PCA

unless by prior agreement of the PCA and subject to that person being an

accredited certifier.

28. Roof Water Drainage

Gutter and downpipe and/or rainwater tank overflow, to be provided and connected to

an approved lawful discharge point (i.e. kerb, inter-allotment drainage easement or

OSD) upon installation of roof coverings.

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE

29. Landscaping Prior to Issue of Occupation Certificate

Landscaping of the site shall be carried out prior to issue of the Final Occupation

Certificate in accordance with the approved plan. All landscaping is to be maintained at

all times in accordance with THDCP Part C, Section 3 – Landscaping and the approved

landscape plan.

ATTACHMENTS

1. Locality Plan

2. Aerial Photograph

3. Site Plan

4. Elevations


PAGE 33

ATTACHMENT 1 – LOCALITY PLAN


PAGE 34

ATTACHMENT 2 – AERIAL PHOTOGRAPH


PAGE 35

ATTACHMENT 3 – SITE PLAN


PAGE 36

ATTACHMENT 4 – ELEVATIONS

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