There shall be no amplified music or speakers external to the building.
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PAGE 37 74. Waste and Recycling Management
To ensure the adequate storage and collection of waste from the use of the premises, all garbage and recyclable materials emanating from the premises must be stored in the designated bin store area, which includes provision for the storage of all waste generated on the premises between collections. Arrangement must be in place in all areas of the child care centre for the separation of recyclable materials from garbage. All waste storage areas must be screened from view from any adjoining residential property or public place. Ideally waste storage containers should be kept inside the unit and under no circumstances should waste storage containers be stored in locations that restrict access to any of the car parking spaces provided onsite.
ATTACHMENTS 1. Locality Plan 2. Aerial Photograph
3. Approved Subdivision Plan DA1488/2015/ZB 4. Site Plan
5. Basement Plan 6. Ground Floor Plan 7. First Floor Plan 8. Elevations (3 pages)
9. Fencing and Crash Barrier Details 10. Landscape Plan (2 pages)
11. Photomontage 12. Finishes Schedule
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PAGE 38 ATTACHMENT 1 – LOCALITY PLAN
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PAGE 39 ATTACHMENT 2 – AERIAL PHOTOGRAPH
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PAGE 40 ATTACHMENT 3 – APPROVED SUBDIVISION PLAN DA1488/2015/ZB
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PAGE 41 ATTACHMENT 4 – SITE PLAN
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PAGE 42 ATTACHMENT 5 – BASEMENT FLOOR PLAN
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PAGE 43 ATTACHMENT 6 – GROUND FLOOR PLAN
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PAGE 44 ATTACHMENT 7 – FIRST FLOOR PLAN
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PAGE 45 ATTACHMENT 8 – ELEVATIONS
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PAGE 46 ATTACHMENT 8 – ELEVATIONS
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PAGE 47 ATTACHMENT 8 – ELEVATIONS
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PAGE 48 ATTACHMENT 9 – FENCING/CRASH BARRIER DETAILS
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PAGE 49 ATTACHMENT 10 – LANDSCAPE PLAN
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PAGE 50 ATTACHMENT 10 – LANDSCAPE PLAN
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PAGE 51 ATTACHMENT 11 – PHOTOMONTAGE
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PAGE 52 ATTACHMENT 12 – FINISHES SCHEDULE
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PAGE 53 ITEM-3 DA 1030/2017/ZD - SUBDIVISION CREATING EIGHT COMMUNITY TITLE RURAL RESIDENTIAL LOTS AND ONE ASSOCIATION LOT - LOT 194 DP 752039, NO. 3340 OLD NORTHERN ROAD, GLENORIE
THEME: Balanced Urban Growth
OUTCOME: Well planned and liveable neighbourhoods that meets growth targets and maintains amenity.
STRATEGY:
Manage new and existing development with a robust framework of policies, plans and processes that is in accordance with community needs and expectations.
MEETING DATE: 25 SEPTEMBER 2018
DEVELOPMENT ASSESSMENT UNIT
AUTHOR: SENIOR TOWN PLANNER
PADRAIG SCOLLARD
RESPONSIBLE OFFICER:
MANAGER – SUBDIVISION AND DEVELOPMENT CERTIFICATION
ANDREW BROOKS
Applicant Mrs S Hookham
Owner Mr I Hookham and Mrs S Hookham Exhibition/ Notification 21 days
Number Advised 8
Number of Submissions No submissions received
Zoning RU2 Rural Landscape
Site Area 16.15ha
List of all relevant s4.15(1)(a) matters
Section 4.15 (EP&A Act) – Unsatisfactory The Hills LEP 2012 – Unsatisfactory
SEPP 55 Remediation of Land – Satisfactory
SREP 20 Hawkesbury/ Nepean River – Unsatisfactory The Hills DCP Part B Section 1 – Rural – Unsatisfactory Section 7.12 Contribution – Not Applicable (Refusal) State Infrastructure Contribution – Not Applicable Political Donation None Disclosed
Reason for Referral to DAU Recommended for refusal Recommendation Refusal
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PAGE 54 EXECUTIVE SUMMARY
The Development Application is for a “rural cluster” community title subdivision creating eight rural residential lots and one Community Association lot. The application includes the construction of a new private road along with tree removal and vegetation clearing to accommodate the subdivision works and establish bush fire Asset Protection Zones.
The site is constrained with respect to ecology, steep topography and consequently, bushfire safety. The site slopes significantly from east to west away from Old Northern Road.
Proposed lots 6 to 9 on the low side of the proposed private road encroach into the high quality vegetation and fauna habitat located on a steep, inaccessible area below the cliff line which coincides with the mapped terrestrial biodiversity layer from The Hills Local Environmental Plan 2012. This requires extensive vegetation clearing to establish satisfactory bushfire Asset Protection Zones, noting that the proposed Asset Protection Zones are non-compliant (undersized). Any further increase in order to make them compliant would further impact upon the existing vegetation. The Rural Fire Service require a perimeter fire trail across the rear of these lots, however this cannot be practically achieved or accomodated due to the slope and the cliff line. The applicant has refused to amend the plans to include the required perimeter fire trail. These same lots are unable to provide a practically located building area on relatively flat terrain or a suitable onsite wastewater disposal area due to the site constraints.
The proposal is classified as Integrated Development under Section 4.46 of the Environmental Planning and Assessment Act 1979 as it seeks to subdivide bush fire prone land. The Rural Fire Service advised that they do not support the application because of the reasons explained above and summarised below:
The proposed development will need to be substantially modified, including the reduction in the number of lots and the provision of a perimeter road, to comply with the objectives, and the specific provisions under Section 4.1.3 and Appendix 2 of Planning for Bushfire Protection 2006.
Given the ongoing outstanding non-compliances, Council may wish to determine the application on this basis.
Given the application is classified as Integrated Development and the Rural Fire Service have raised concern and not issued terms of approval in the form a Bush Fire Safety Authority, The application cannot lawfully be approved. The applicant was given the opportunity to amend the proposal to provide a compliant plan, however that offer was declined. The applicant was also provided the opportunity to withdraw the application due to their being no ability to approve it in the absence of a Bush Fire Safety Authority from the Rural Fire Service, however that has also been declined.
The application was notified to eight adjoining properties. No submissions were received.
The application is recommended for refusal.
BACKGROUND
A pre-lodgement meeting was held on 13 December 2016. The Development Application was lodged shortly after, in a very similar form as that presented in the pre-lodgement meeting, on 23 December 2016. Bushfire safety was raised at the pre-lodgement meeting and subsequently detailed in the written notes provided to the applicant. In particular,
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PAGE 55 concern was raised as to whether the proposal satisfies the NSW RFS document Planning for Bushfire Protection 2006 (PBP). The applicant was advised of the RFS pre-lodgement service where the concept can be discussed prior to lodgement of the development application to determine if the concept is appropriate with respect to bush fire safety. This offer was not pursued by the applicant.
The Development Application was the subject of five separate requests for additional information/ amendments to the proposal relating to ecology, bushfire, access, planning, engineering, tree impacts, contamination, onsite wastewater, waste collection and traffic.
The applicant’s failure to substantially modify the proposal in line with that feedback culminated in a request to withdraw the application on 5 June 2018. A response from the applicant was received on 7 June 2018 advising they did not wish to withdraw the application.
In April 2016, an Order was issued to the land owner for the unauthorised clearing of 1.8 hectares of native vegetation within the LEP Terrestrial Biodiversity Layer mapped portion of the site. The Order required the land owner to rehabilitate the impacted area in accordance with a Vegetation Management Plan (VMP). The Order was held in abeyance to provide opportunity for a VMP to be implemented in conjunction with a rural cluster subdivision of the site. As this development application is recommended for refusal, the Order to rehabilitate the area of the site subject to the unauthorised clearing will be pursued separately.
PROPOSAL
The Development Application is for a “rural cluster” community title subdivision to create eight rural residential lots and one association lot. The proposed plan of subdivision is provided in Attachment 4. The eight rural residential lots (Lots 2 to 9) have areas ranging from 0.447 hectares to 0.999 hectares. The Community Association lot (Lot 1) has a total area of 10.44 hectares which equates to 64.6% of the total site area. Lot 1 contains good quality vegetation and fauna habitat located on the steeper, inaccessible area below the cliff line (which coincides with the mapped terrestrial biodiversity layer from The Hills Local Environmental Plan 2012 (LEP) as it relates to the site), along with the area of the new (private) road, which intersects Old Northern Road before extending west then south across the rear of Lots 3, 4 and 5. There is a 5m wide access path between the new (private) road and the area at the rear of the site between Lots 6 and 7, as required by The Hills Development Control Plan 2012 (DCP) for “rural cluster” subdivisions.
In addition to the subdivision of land the Development Application also includes:
The construction of a new (private) road, which intersects Old Northern Road before extending west then south across the back of Lots 3, 4 and 5, to Council’s rural road standard and satisfying the Rural Fire Service with respect to access relating to bushfire safety as required by Planning for Bushfire Protection 2006.
The construction of a Basic Left Turn Treatment and Basic Right Turn Treatment intersection between the planned new road and Old Northern Road; complying with the requirements of the Roads and Maritime Services.
Tree removal and vegetation clearing to accommodate the subdivision works and establish asset protection zones within the rural residential lots.
All eight rural residential lots have direct frontage and access to the proposed private road.
Roads and Maritime Services have advised that direct access to Old Northern Road for any
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PAGE 56 of the lots is not permitted except for the existing driveway associated with the existing dwelling on Lot 5. Lot 5 contains the existing dwelling which is proposed to be retained. Lots 2 to 4 and 6 to 9 are proposed to be vacant lots.
ISSUES FOR CONSIDERATION
1. The Hills Local Environmental Plan 2012