ATTACHMENT 8 DEPOSITED PLAN 23922
4. Issues Raised in Submissions
The proposal was notified for 21 days. Three submissions were received in response. The issues raised in the submissions are summarised below.
ISSUE/ OBJECTION COMMENT
Concern is raised regarding the survey undertaken by the developer/ applicant as part of a plan of redefinition (DP 1245298) and the adjoining landowners not being notified of this until after the survey was completed. The submissions raise concern for the location of survey markers within/ adjacent to those adjoining properties and the potential loss of land.
A plan of redefinition is a plan that redefines a parcel of land to include correct dimensions and area of land. The following comment is provided by Land Registry Services regarding plans of redefinition:
As a general rule, where the consent of the adjoining owner of a redefined boundary is not furnished with the plan, NSW LRS sends notice of the redefinition plan to that owner. If no objection is made and the plan is otherwise in order, the plan will be registered.
The plan of redefinition is undertaken by a surveyor who is commissioned by a landowner (or in this instance, developer) outside of the development assessment process. On this basis, the work association with the preparation of a plan of redefinition is a civil matter between adjoining landowners. If there is dispute around where the developer/
applicant has nominated the actual boundary relative to the existing fence the affected neighbours could consider engaging their own surveyor to confirm or deny this. Council staff can rely upon a plan prepared by a registered surveyor and accepted/ registered by Land Registry Services for the purposes of assessing a development (or modification) application.
Concern is raised regarding the location of the boundary and tree removal on adjoining properties under DA 984/2018/JP.
The location of the boundary is determined by a surveyor and is authorised under the Surveying and Spatial Information Act 2002.
Tree removal associated with DA 984/2018/JP is a separate matter that was considered and approved under that application and cannot be revisited under the proposed modification which only seeks to include staging and strata subdivision relating to a different part of the broader subject site. If the neighbour who granted the developer consent to remove trees on their land rescinds that consent for whatever reason then this is a matter the developer will need to work through at the
DEVELOPMENT ASSESSMENT UNIT MEETING 02 FEBRUARY, 2021
ISSUE/ OBJECTION COMMENT
detailed design/ construction stage of that separate development approved by DA 984/2018/JP.
Concern is raised that the proposal is creating new boundaries between the subject site and adjoining properties.
The proposed modification is for the staging and strata subdivision of the development.
This process will not realign the boundaries of the property as defined by the registered plan of redefinition quoted earlier.
Concern is raised that the survey work was undertaken without consent from the property owners and without notification from the developer/ surveyor.
Council does not oversee/ administer surveyors or authorise their entry onto private property. This is a civil matter to be raised with the developer/ surveyor directly.
REFERRALS
The modification application was referred to the building, engineering, waste and Forward Planning/ developer contributions sections within Council for comment. No objection was raised to the proposal (as amended) subject to amended conditions.
CONCLUSION
The modification application has been assessed against the relevant heads of consideration under Sections 4.15 and 4.55 of the Environmental Planning and Assessment Act 1979, State Environmental Planning Policy (Sydney Region Growth Centres) 2006 – Appendix 11 The Hills Growth Centre Precincts and the Box Hill Growth Centre Precincts Development Control Plan 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.
Developer Contributions
Developer contributions are required for the development. The existing condition relating to payment of Section 7.11 developer contributions has been amended to reflect the planned staging of the development. The actual contribution payable remains the same (refer to Condition 34 below).
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 modification application is recommended for approval subject to the amended conditions below.
DEVELOPMENT ASSESSMENT UNIT MEETING 02 FEBRUARY, 2021
GENERAL MATTERS
CONDITION 1A IS ADDED UNDER THIS HEADING:
1A. Approved Strata Plan
The strata subdivision and staging of the development must be carried out in accordance with the plans listed below except where amended by other conditions of consent:
Reference Description Prepared Revision Date
106-16-R01A Subdivision of
Lot 2 in
Community Plan – Sheets 1-4 of 4
Duncan John Sim
05 02/12/2020
106-16-R01B Subdivision of Development Lot 7 – Sheets 1-3 of 3
Duncan John Sim
05 02/12/2020
106-16-R01C Subdivision of Development Lot 8 – Sheets 1-3 of 3
Duncan John Sim
05 02/12/2020
106-16-R01D Subdivision of Development Lot 9 – Sheets 1-3 of 3
Duncan John Sim
05 02/12/2020
106-16-R01E Subdivision of Development Lot 10 – Sheets 1-3 of 3
Duncan John Sim
05 02/12/2020
106-16-R01F Subdivision of Development Lot 11 – Sheets 1-3 of 3
Duncan John Sim
05 02/12/2020
106-16-R01G Subdivision of Development Lot 12 – Sheets 1-3 of 3
Duncan John
Sim 05 02/12/2020
The development must be constructed complying with the Building Code of Australia.
Particularly, the dwelling on lot 6 in plan reference 106-16-R01A must be constructed in a manner that allows a dwelling to abut the south facing external wall.
CONDITION 8A IS ADDED UNDER THIS HEADING:
8A. Strata Certificate Preliminary Review
Prior to the submission of a Strata Certificate application a draft copy of the final plan, administration sheet and Section 88B instrument (where included) must be submitted in order to establish that all conditions have been complied with.
DEVELOPMENT ASSESSMENT UNIT MEETING 02 FEBRUARY, 2021
Street addresses for the lots within this subdivision will be allocated as part of this preliminary check process, for inclusion on the administration sheet.