DEVELOPMENT
COMPLIANCE
(6) Retaining walls within residential allotments are to be no greater than 500mm high at any point on the edge of any residential allotment. A combined 1m maximum retaining wall height is permissible between residential lots (2 x 500mm).
the site is 1.5m.
4.1.1 Cut and Fill
The DCP requires retaining walls within residential lots to be no greater than 500mm high at any point on the edge of any residential lot. A combined 1m maximum retaining wall height is permissible between residential lots (2 x 500mm).
The maximum retaining wall height proposed under this application is to be 1.5m high between the north-south lots fronting Mason Road and Polaris Way, exceeding the DCP control relating to maximum retaining wall height by 500mm. The grade of the residential lots either side of the proposed retaining wall is approximately 9.7%. The relatively steep grade of the site justifies the need for a 1.5m high retaining wall in order for suitable and practical residential lots to be created (refer to Attachment 9).
The original consent included a variation to the lot mix permitted across a subdivision block which has been removed as a result of the proposed changes.
The removal of the planned laneways also means the road pattern is now consistent with the indicative road layout from the DCP.
On balance it is considered the proposed changes provide for more appropriate and ultimately developable lots.
6. Issues Raised in Submissions
The proposal was notified for 21 days on two occasions as noted. Two unique submissions were received. The issues raised in the submissions are summarised below.
ISSUE/ OBJECTION COMMENT
Construction access to the site has been nominated to be via Pitt Town Road which is not in the immediate vicinity of the site, nor does it service the subject lot.
Clarification is sought as to how construction vehicles will be accessing the
This statement was included in the Statement of Environmental Effects submitted in support of the application. An amended Statement of Environmental Effects was submitted to correct this and note that access to the site will be via Mason Road and then to Old Pitt Town Road and
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ISSUE/ OBJECTION COMMENT
site. beyond. The objector was advised of this
amended the Statement of Environmental Effects.
I am still concerned about the notification I received for 470/2018/ZA/A. I was sent a letter on 15/10/2020 about new changes to this modification application. I have had difficulty getting information about what is changing as nothing was on application tracking after July, and no one could see what was changing. A staging plan was put on the application tracking on 05/11/2020 after I emailed to ask what the amendments were, and I had only until 09/11/2020 to reply.
Upon being made aware of the fact the amended staging plan was not visible on Application Tracking/ Council’s website it was made visible on Application Tracking/ Council’s website and the objector was advised of this.
The original development was approved showing some earth works on our land 198 Old Pitt Town Road (Lot 2 DP512272) on the civil plans. The approved consent has conditions in it that mean they must ask our permission to do anything on our land.
The developer has not yet asked our permission to do any work on our land. I would like to be assured that there will be no change to the requirements for them to ask our permission for any works on our land as part of the amendments and that no additional works are proposed on our land.
The submitted engineering plans under this modification application also show works on the adjoining property at 198 Old Pitt Town Road.
The conditions imposed under the original development consent require the developer to separately negotiate owners consent for any works over 198 Old Pitt Town Road and conditions the work occur in a way that does not require this work otherwise. Those same conditions are retained in this modification application (subject to minor amendments to refer to the updated engineering plans and lot numbers). See relevant part of Condition 21 as include below.
Because of this narrowed pavement, a one-way arrangement will need to be implemented until Galileo Street (north) is completed if/ when 198 Old Pitt Town Road is developed. That arrangement must reflect the concept engineering plan prepared by Orion Consulting Revision D dated 17/11/2020 which has a temporary cul-de-sac turning head at the
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ISSUE/ OBJECTION COMMENT
northern end of Constellation Avenue and a one- way arrangement along Galileo Street (north) heading west to east fronting lots 412 to 415.
No works are approved/ permitted within 198, 200, 202 and 204 Old Pitt Town Road to the north and east of the site, as part of these works (as conditioned earlier).
The existing rural style fencing along this common boundary with 198, 200, 202 and 204 Old Pitt Town Road is to be retained and protected during works. Should the works require that the fence be replaced or altered this needs to be included as part of the subdivision works.
7. Internal Referrals
The modification application was referred to engineering to review. No objection was raised to the proposal subject to amended conditions as included below.
CONCLUSION
The modification application has been evaluated against the matters for consideration contained within Sections 4.15 and 4.55 of the Environmental Planning and Assessment Act 1979, SEPP (Sydney Region Growth Centres) 2006 – Appendix 11 The Hills Growth Centre Precincts Plan and the Box Hill Growth Centre Precincts Development Control Plan. The DCP variation is considered supportable in this instance whilst the concerns raised in the submissions have been addressed through the submission of additional information or the imposition of conditions of consent and do not warrant refusal of the application.
Approval is recommended subject to amended 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
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