The proposal was exhibited and notified for 14 days. One submission was received following the notification period. The issues raised in the submission are summarised below.
ISSUE/OBJECTION COMMENT
The proposal is the same as the Development Application 64/2018/HC that was previously refused by Council. The same grounds for refusal should apply.
The plans submitted with the subject application are the same as the plans lodged with Development Application 64/2018/HC. However the subject application includes the submission of a current site compatibility certificate. The SEPP amendment to prohibit seniors housing within the Metropolitan Rural Area was made after the Development Application was lodged. Given the transition clause in the amended SEPP, the development proposal is required to be assessed and determined under the SEPP. In this regard, the main grounds for refusal under the previous application cannot be applied to the subject application.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 DECEMBER, 2020
PAGE 108
ISSUE/OBJECTION COMMENT
As discussed in the body of the report, the proposal has adequate regard to the Design Principles in the SEPP as the bulk, scale and built form of the development is compatible with the existing seniors housing development on the site.
Whilst the proposal is located within an RU6 transition zone under LEP 2019, the visual amenity impacts when viewed from the public domain are considered negligible.
Whilst the proposed development is located within the Metropolitan Rural Area, the SEPP amendments will ensure that future ‘urban creep’
of the Glenhaven Gardens Retirement development will not occur. In this regard, approval of the subject application will not establish an undesirable precedent for further seniors housing development within the rural urban fringe. This will ensure consistency with the aims and objectives of the relevant strategic planning instruments. The proposal is considered to be in the public interest.
12 additional dwellings further poses a disconnection and isolation for current and future residents from local amenities.
The proposal is located within an accessible area with bus stops for Bus Route 603 Rouse Hill to Parramatta via Glenhaven being approximately 20m – 50m from the site. These bus stops are connected via an accessible pathway to Mills Road and Glenhaven Road.
In addition, a mini bus service capable of carrying at least 10 passengers will be available to provide future residents with access to a local centre including shops, bank service providers and other retail and commercial services, community services, recreational facilities, the practice of a general medical practitioner and will be available at least once between 8am and 12pm each day and at least once between 12pm and 6pm daily.
This service is already available for occupants of the existing seniors housing development. The provision for the mini-bus service to apply to the subject development will be reinforced via a condition of development consent.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 DECEMBER, 2020
PAGE 109 5. Internal Referrals
The application was referred to following sections of Council:
Engineering
Environmental Health
Ecology
Tree Management
Traffic
Fire Safety
Resource Recovery
Land and Spatial Information
Section 7.12
No objection was raised to the proposal (as amended) subject to conditions. Relevant comments are provided below:
Ecology
The application was referred to Council’s Ecologist. Council’s Ecologist has noted that the southern portion of the subject property contains land mapped as Terrestrial Biodiversity under The Hills Shire Local Environment Plan 2019 and contains vegetation mapped as Endangered Ecological Community (EEC) Shale Sandstone Transition Forest (SSTF) under Council’s vegetation classification mapping. The Flora and Fauna Assessment prepared by Keystone Ecological dated 18 January 2020, confirms the presence of SSTF. Therefore a restriction to the use of the land (Restricted Development Area) and a positive covenant has been recommended as condition of consent to protect land mapped as ‘terrestrial biodiversity’.
The area within the Restricted Development Area (RDA) is required to be managed in accordance with a Council approved Vegetation Management Plan. A map has been prepared (see image below) showing the location of the RDA. Following recommendations provided in Section 3 (Impact & Amelioration) of the submitted Flora and Fauna Report, conditions requiring priority weed control, within the interface between managed land and the RDA of proposed Lots 103 and 104, have been recommended as conditions of consent.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 DECEMBER, 2020
PAGE 110
Image (above): Showing the location of the Restricted Development Area protecting land mapped as ‘terrestrial biodiversity’.
Engineering
The application was referred to Council’s Subdivision Engineering section. A concern was raised regarding inadequate provisions for vehicular access for the existing dwelling in proposed lot 1. The driveway access to Glenhaven Road was originally proposed to be shared by proposed lot 1 (existing dwelling) and the additional self-contained dwellings for senior housing. However, to ensure adequate safe ingress and egress of vehicles to and from the site, the shared driveway access only provides for a left in and left out driveway arrangement. To ensure that the existing dwelling in proposed lot 1 maintains a right in and right out access, a condition is recommended in the consent requiring right of access be provided through the development to Mills Road benefiting proposed Lot 1. Subject to conditions, no objections are raised to the application with regard to Engineering.