Department of Planning and Environment
As the development is considered Designated Development, the applicant had SEARs issued that have been complied with in lodging the development application as discussed in more detail earlier in the report.
After the advertising period for the development application had passed the matter was referred to the Department of Planning and Environment who responded by advising they had reviewed the submissions and notes there are no issues of State or regional significance that apply, and asking that the general terms of approval from the Natural Resources Access Regulator/ Department of Industry – Lands and Water be included as part of any consent granted by Council.
Natural Resources Access Regulator/ Department of Industry – Lands and Water The development application was lodged as “integrated development” pursuant to Section 4.46 of the Environmental Planning and Assessment Act 1979 and the Water Management Act 2000 and referred to the Natural Resources Access Regulator/ Department of Industry – Lands and Water as the works are located inside 40 metres of the mapped natural watercourse present within site (and as called for by the SEARs above). This meant the development application was advertised as nominated integrated development also. The Regulator responded with their general terms of approval requiring a Controlled Activity Approval to be obtained prior to works commencing. These general terms of approval have been included as part of the recommended conditions included later in this report.
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PAGE 79 Water NSW
The applicant wrote to Water NSW prior to lodgement to obtain their comments as required by the SEARs. Water NSW responded on 27 March 2017 advising that a Water Access Licence and Water Supply Work Approval would be required because the dam exceeds the harvestable rights capacity otherwise available. Water NSW noted that as a post- determination matter a dealing is required to link the Water Access Licence to the approval.
The development application was referred to Water NSW based on the need for a Water Access Licence and Water Supply Work Approval pursuant to and the Water Management Act 2000. Water NSW responded with comments advising:
The dam proposed for multi-purposes including aesthetic and recreational feature as per the Environmental Impact Statement will require a water supply work approval and a water access licence to account for the storage and take of water. Any approvals will be subject to mandatory conditions imposed by the water sharing plan.
The surface water source is Hawksbury and Lower Nepean Water Source of the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources 2011. The proponent will be required to apply for a water supply work and water use approval under the Water Management Act 2000 to Water NSW if development consent is granted by the Council and source water access licence/s from the open market.
They also pointed out the relevant section of the Water Management Act 2000 to Council and the applicant: 60A Taking water without, or otherwise than authorised by, an access licence, 60B Contravention of terms and conditions of access licence, 60C Taking water for which there is no, or insufficient, water allocation and 60D Taking water otherwise than by or from water supply work or extraction point nominated in access licence.
These comments have been included as part of the recommended conditions included later in this report.
Dams Safety Committee
The development application was accompanied by a dam break assessment which has been updated and amended during the course of the assessment. The current/ approved version is the Dam Break Assessment Version 2 Dated 22 October 2018 prepared by Northrop, and will need to be further amended leading into construction as per the recommended conditions included later in this report.
The development application was referred to the Dams Safety Committee pursuant to the Dams Safety Act 1978, who responded advising that the matter had been considered at their meeting in February 2017 where it was decided to prescribe the basin with Significant Flood Consequence Category and Low Sunny Day Consequence Category based on the effects of dam break and flooding on the two roads downstream of the dam. The Dams Safety Committee required that the basin be designed as per their DSC3B minimum flood capacity requirements and that this detail be forwarded to them prior to construction. This has been included as part of the recommended conditions included later in this report.
With respect to the dam break assessment, the risk referred to by the Dams Safety Committee relates to the potential for someone to be driving along either Maguires Road or the planned extension of Chadwick Drive immediately downstream of the planned basin at the time of a dam break. Based on the current uses and land zoning downstream of the
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PAGE 80 basin; there are no properties at risk. Council’s Stormwater and Waterways team had the dam break assessment peer reviewed by Hunter Water as part of the assessment; to ensure any matters that may arise through the Dams Safety Committee submission, review and approval later can be appropriately considered and incorporated into the design of the basin now. That peer review concluded that the study and design included as part of the dam break assessment (as amended during the course of the assessment) are satisfactory and should meet all regulatory requirements.
Department of Primary Industries – Fisheries NSW
The development application was referred to Fisheries NSW on the basis it appeared the natural watercourse impacted upon by the proposal may form part of a Key Fish Habitat.
Fisheries NSW responded by advising there is no need for them to provide further comment on the SEARs or the development application as the proposal is not located within Key Fish Habitat.
Office of Environment and Heritage (National Parks and Wildlife Act 1974)
With respect to Aboriginal heritage, the Office of Environment and Heritage issued an Aboriginal Heritage Impact Permit (AHIP) on 13 July 2015 as part of the approved masterplan. The plan attached to the AHIP shows that the proposal will directly impact upon two impacted sites BHN5 and BHN7 and indirectly impact upon two impacted sites BHN2 and BHN6.
Consistent with the SEARs and the conditions of the approved masterplan compliance with the AHIP is required during works. A condition has been recommended below to ensure this occurs.
Council wrote to the Office of Environment and Heritage on three occasions during the assessment of the development application with respect to this matter, however beyond an initial response querying the purpose of the referrals (noting there were two referrals sent to the Office of Environment and Heritage, one relating to Aboriginal heritage and one relating to biodiversity), no formal response was provided. Notwithstanding this, all matters relating to Aboriginal heritage concerning the subject site and the development application have been appropriately dealt with previously, and can be enforced through compliance with the AHIP as recommended above.
Office of Environment and Heritage (Threatened Species Conversation Act 1995) With respect to biodiversity, the Office of Environment and Heritage have previously consented to the Species Impact Statement that accompanied the master plan and provided their general terms of approval for the same. That Species Impact Statement is directly relevant to this development application; the master plan calls for the purchase and retirement of BioBank credits and offset planting within Precincts C and E along the creek corridor and lake.
Council wrote to the Office of Environment and Heritage on three occasions during the assessment of the development application with respect to this matter, however beyond an initial response querying the purpose of the referrals (noting there were two referrals sent to the Office of Environment and Heritage, one relating to Aboriginal heritage and one relating to biodiversity), no formal response was provided. Notwithstanding this, all matters relating to biodiversity concerning the subject site and the development application have been appropriately dealt with previously, and can be enforced through compliance with the
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PAGE 81 Species Impact Statement as included as part of the recommended conditions included later in this report. Further, Council’s Environment and Health team have specifically considered this matter with respect to compliance with the Species Impact Statement and accompanying master plan and have confirmed the required offset areas are proposed to be provided and are appropriately located. The development application has been assessed and deemed compliant with the master plan in this respect. Although comments on the proposal from the Office of Environment and Heritage with respect to biodiversity would be ideal (especially noting they provided input to the SEARs to the Department of Planning and Environment) their concurrence is not required before the development application can be determined.
Consistent with the SEARs and the conditions of the approved masterplan compliance with the Species Impact Statement is required during works. A condition has been recommended below to ensure this occurs.
Environment Protection Authority
The development application was referred to the Environment Protection Authority as recommended in the SEARs. The Environment Protection Authority wrote Council advising that the development application, based on the information provided, does not constitute a Scheduled Activity under Schedule 1 of the Protection of the Environment Operations Act 1997, and that they have no comments or further interest in the proposal.
Rural Fire Service
The subject site is mapped as being bush fire prone land. The development application does not seek approval for the subdivision of land and so a Bush Fire Safety Authority from the Rural Fire Service is not required to be sought. Notwithstanding this, because the subject site is mapped as being bush fire prone land the matter was referred to the Rural Fire Service anyway, in case there were any matters relating to the eventual planned development of the site after this facilitating infrastructure proposal that could/ should be appropriately considered now. The Rural Fire Service responded advising they have no objection to the proposal on the basis of the following comments:
The proposed works will result in the creation of a future bush fire hazard as a result of revegetation works along the riparian corridor.
Rural Fire Service records indicate that the Rural Fire Service has not provided advice or issued a Bush Fire Safety Authority in relation to proposed residential or special fire protection development on land immediately adjoining the proposed works. The proposed works would not therefore appear to significantly impact on existing development.
Future development within Stage 2, including residential and community uses (including the proposed school), and on other land surrounding the proposed revegetation areas, will need to consider the future hazard posed by the vegetation when at maturity.
Where future development is to rely on management within the riparian or other shared/ public areas, clear arrangements (i.e. an adopted Council Plan of Management) must be in place which demonstrates ongoing management of the relevant areas.
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PAGE 82
It is noted that while the information provided indicates that revegetation of the riparian corridor will be to a Cumberland Plain Woodland vegetation community;
careful consideration will need to be given to the appropriate classification for bush fire assessment purposes. In this regard it is recommended that consideration be given to updated NSW specific fuel loads set out in draft Planning for Bush Fire Protection which reflect higher fuel loads found in vegetation communities in Sydney Adoption of Grassy Woodland fuel loads in Planning for Bush Fire Protection 2006 is not likely to be accepted.
These comments have been included as part of the recommended conditions included later in this report.
Roads and Maritime Services
Schedule 3 of SEPP Infrastructure lists the types of development that are defined as Traffic Generating Development but does not identify a referral threshold for waterbodies or earthworks. The proposal therefore does not require referral to Roads and Maritime Services under SEPP Infrastructure. It was referred to the Roads and Maritime Services however as called for by the SEARs. The SEARs was accompanied by comments from the Roads and Maritime Services dated 14 November 2016 requiring a construction traffic management plan to be provided. This requirement was reiterated in the written comments provided by the Roads and Maritime Services in response to the above referral, along with additional matters listed here:
1. The development should be consistent with the Box Hill North Indicative Layout Plan and approved Box Hill North Masterplan including compliance with the road layout.
2. A Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control should be submitted to Council for determination prior to the issue of a construction certificate.
3. All works/ regulatory signposting associated with the proposed development are to be at no cost to Roads and Maritime.
These comments have been included as part of the recommended conditions included later in this report.
Transport for NSW
The development application was referred to Transport for NSW as recommended in the SEARs. After the exhibition period a further referral including the submissions that had been received was sent seeking their comments; however no formal response was provided.
Notwithstanding, the development application does not relate to any matters of relevance to Transport for NSW, beyond perhaps managing construction traffic which has been appropriately considered and addressed through the correspondence with Roads and Maritime Services above. It is also noted that Transport for NSW were consulted with respect to the original precinct planning/ rezoning and subsequent master plan and the development application is consistent with both. Although comments on the proposal from Transport for NSW would be ideal their concurrence is not required for any other purpose in order for the development application to be determined.
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PAGE 83 Sydney Trains
The development application was referred to Sydney Trains who responded advising they have no conditions or comments, but that the matter ought to be referred to both Transport for NSW and TransGrid for comment.
Sydney Water
The development application was referred to Sydney Water for comment because it involves works in a green field release area that may impact upon their planned or existing services.
Sydney Water raised no objection to the proposal subject to standard conditions relating to the provision of water and sewer services.
Their requirements have been included in the recommended conditions, with the exception of a recommended condition requiring a Section 73 certificate to be obtained; noting that services will be provided when the subject site is developed separately, and there is no Occupation Certificate or Subdivision Certificate required for this proposal. Rather, a certificate of practical completion will be issued by the Principal Certifying Authority (Council) for the subdivision works.
TransGrid
There is a TransGrid transmission line easement located north-west of the subject site closer to Boundary Road. The development application was referred to TransGrid who responded advising they have no objections to the development application as it does not affect their infrastructure, and asking that they be advised of any future development that may affect or be in close proximity to TransGrid infrastructure.
CONCLUSION
The Development Application has been assessed against the relevant matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, The Hills Local Environmental Plan 2012 and The Hills Development Control Plan 2012 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.
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PAGE 84 RECOMMENDATION
That the Local Planning Panel as the consent authority pursuant to Section 4.16 of the Environmental Planning and Assessment Act 1979 grant consent to development application 1824/2017/ZB for development works involving bulk earthworks, creek rehabilitation and a series of detention basins incorporating an on-line lake/ prescribed dam, subject to the conditions below.
GENERAL MATTERS 1. Approved Plan
The development must be carried out in accordance with the approved plans and other supporting documentation listed below, except where amended by other conditions of consent:
Drawing: Description: Prepared: Sheets: Revision: Date:
997610/DA0
00 to
997610/DA0 36
Civil
Engineering Package
Northrop 44 5 19/10/2018
No work is to be undertaken before a Construction Certificate is required.