Tenancy 6 Child Care Centre
2. Compliance with The Hills Development Control Plan 2012
The proposal has been assessed against the provisions of The Hills Development Control Plan 2012 (DCP) Part D Section 5 – Kellyville Rouse Hill Release Area and Part D Section 7 Balmoral Road Release Area. The proposed development is generally compliant with the relevant requirements of the DCP with the exception of the minor variations noted in the following tables.
DCP PART D SECTION 7 - BALMORAL ROAD RELEASE AREA
Development Control Proposed Development Compliance 8.1.1 Building Setbacks
Secondary frontage: 4m
Lots 19 and 45 are corner lots with a proposed setback to the secondary street of 3.5m.
No – variation proposed, see discussion later in this report.
DCP PART D SECTION 5 – KELLYVILLE ROUSE HILL RELEASE AREA Development Control Proposed Development Compliance 4.8 Open Space
(f) Where a small lot housing development consists of more than five dwellings a common open space area comprising a child play area or recreation activities area is to be provided within the overall site.
Communal open space has not been provided
No – variation proposed, see discussion later in this report
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PAGE 40 4.9 Car Parking
(a) A minimum of two car parking spaces are to be provided per dwelling of which one space must be within a garage. Should a carport be proposed for the second space, the design of the carport shall be of similar materials as the dwelling, and be located behind the building setback.
(a) Each dwelling provides two parking spaces, some of which are single garages and the second space is stacked or tandem on the driveway.
No – variation proposed, see discussion later in this report
Building Setbacks
The proposal includes a request to vary the setback of dwellings from the secondary street.
Part D Section 7 of the DCP recommends a minimum setback of 4 metres to the dwelling from the property boundary fronting the secondary street. The proposal includes a setback of 3.5 metres from the property boundary to the dwellings on lots 14, 19 and 45.
The proposal has been amended a number of times to ensure the built form on each lot is consistent with the character of the area and desired future character of the precinct. The road layout and subdivision pattern has been amended to provide a more efficient layout with regular shaped lots and a mix of narrow and wider frontages throughout the development.
The variation to the secondary street setback is minor in the context of the development and the precinct as a whole. Sight lines are maintained and the proposed landscaping associated with the development is provided to soften the built form. As such, the proposed variation is considered suitable and is supported in this instance.
Car Parking
The proposal includes a request to vary the car parking requirement. Part D Section 5 of the DCP recommends parking for two vehicles be provided in the form of a double garage. The proposal provides a range of dwelling types with single and double garages.
Clause 4.1B of the LEP permits small lot housing development with lots at 240m2 in area which results in the majority of frontages between 8 and 10 metres wide. The width of a double garage is generally 5 metres which would result in 50%+ of the lot frontage being dominated by the garage.
The proposal includes a number of single garages in an attempt to reduce the appearance of
‘garage architecture’ where the streetscape is dominated by garages rather than articulated built form. As a result, the proposal has provided dwellings with improved passive surveillance and providing a better streetscape appearance. In this instance, the variation to the parking requirement is supported.
Communal Open Space
The DCP recommends that where a small lot housing development proposes 5 or more dwellings, an area of communal open space is to be provided within the development site.
The proposal involves construction of 60 dwellings with no area for communal open space provided. Whilst the proposal does not comply with this requirement, each dwelling provides
DEVELOPMENT ASSESSMENT UNIT MEETING 04 JUNE, 2019
PAGE 41 an area of private open space within the rear setback which exceeds the minimum requirement of 24m2. Each dwelling provides a minimum area of 40m2 measuring 8 metres x 5 metres and achieves adequate solar access. Based on the provision of private open space that exceeds the minimum requirement, the intention of providing a suitable level of open space for the amenity of residents is achieved. As such, the variation to the communal open space requirement is supported in this instance.
Road Layout
Part B Section 7 of the DCP establishes the road layout for Balmoral Road Release Area which recommends construction of Ernesta Place and Pasquale Avenue as shown on the indicative layout plan (ILP). An extract of the ILP is provided in Attachment 10. As a result of the smaller lots proposed, the development includes construction of an additional road to service the proposed allotments. The additional road has been designed to ensure regular shaped allotments are created and will not cause adverse impact on the functionality of the overall public road network. The location and design of Ernesta Place and Pasquale Avenue are in accordance with the ILP, with the only variation proposed being the addition of Road 3. As such, the proposed variation to the ILP in relation to the road layout is supported in this instance.
3. Issues Raised in Submissions
The application was publicly exhibited as nominated integrated development for 31 days and four submissions were received. The issues raised in the submissions are summarised below.
ISSUE/ OBJECTION COMMENT
Concern that the work associated with the development will impact on the existing fence and retaining wall between the subject site and lots fronting Brighton Drive.
Amended plans have been submitted which remove any works within 1 metre of the existing retaining wall and fence. An additional retaining wall is proposed within the rear setback of the proposed dwellings to ensure the works associated with the development do not impact existing dwellings/ lots fronting Brighton Drive.
Concern regarding the level of dust and dirt created during site works.
Conditions of consent are recommended to ensure dust suppression techniques are used during demolition and construction.
Concern that the development will impact on the availability of parking spaces on Fairway Drive, at the local shopping centre and Hillsong Church campus.
The proposed development provides adequate off street parking for each dwelling within the development. The proposal does not rely on additional parking outside the subject site.
A comment is made regarding Bus Route 613X which runs Monday to Friday.
It is understood this comment infers that the bus stop encourages people to park on Fairway Drive to access bus services and, in conjunction with the subject proposal will impact traffic on Fairway Drive.
The proposed development provides adequate off street parking for each dwelling within the development. The proposal does not rely on additional parking outside the subject site.
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ISSUE/ OBJECTION COMMENT
Concern is raised regarding additional vehicles generated by the proposed development and Bella Vista Primary School and the impact these will have on congestion at Fairway Drive.
The location of the development is well suited to provide additional housing within close proximity to employment opportunities within The Hills LGA. It is anticipated the proximity of the development to employment opportunities will aim to reduce reliance on private vehicle use.
Concern is raised that the proposal is out of character with the area.
The proposed development meets the objectives of the R3 Medium Density Residential zone and provides a suitable density with the requirements of Clause 4.1B of the LEP. The zoning permits small lot housing developments due to the services and amenities within close proximity to the site.
Concern is raised that the new dwellings will have an impact on visual privacy of adjoining properties.
The proposed dwellings on the subject site have a lower finished floor level to those fronting Brighton Drive. The finished ground levels of the proposed development are consistent with those for the approved development to the north west. There is opportunity for residents on Brighton Drive to address any privacy concerns within their own property.
A comment is made stating the previous approved development is well suited with lots 700m2 in area and the development should revert to the existing approval.
The site is zoned for the proposed use and the development has demonstrated compliance with the relevant matters for consideration. The developer of the site has elected to submit a development application seeking a greater density in accordance with the zoning which is permissible.
Concern is raised that the proposed development is not consistent with the planned amendments to the approved subdivision on the adjoining site to the north west
The owner of the adjoining site to the north west has advised Council that they are proposing to modify the indicative layout plan (ILP) shown in Balmoral Road Release Area Development Control Plan by creating a permanent cul-de-sac in Ernesta Place. No application has been lodged by the objector for this modification. Further, it is unlikely such a modification would be supported as recently communicated to the objector when a concept plan for this modification was informally discussed. The road layout proposed with the subject DA complies with the ILP and is consistent with the existing approved development on the adjoining site.
4. Internal Referrals
The application was referred to following sections of Council:
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Engineering
Certification/ Building
Environmental Health
Tree Management
Sustainability (Ecology)
Resource Recovery
No objection was raised to the proposal subject to conditions.