The Operational Noise Limits for the Development shall be in accordance with the noise limits as outlined in the Acoustic Report, prepared by Atkins Acoustics Pty Ltd, Titled Proposed shops and office development 16 – 20 Withers Road, Kellyville and dated 5th January 2018. These noise limits are;
Location Day
(7am – 6pm) Evening (6pm – 10pm)
At the
boundary of any potentially affected
residential premises
52dB(A)Leq
(15min) 45dB(A)Leq
(15min)
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PAGE 33 ATTACHMENTS
1. Locality Plan 2. Aerial Photograph 3. Zoning Plan
4. North Kellyville Local Centre Indicative Layout Plan 5. Approved Plan of Subdivision
6. Site Plan 7. Floor Plans 8. Elevations 9. Landscape Plans 10. Photomontage
11. Applicant’s Clause 4.6 Variation Request
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PAGE 34 ATTACHMENT 1 – LOCALITY PLAN
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PAGE 35 ATTACHMENT 2 – AERIAL PHOTOGRAPH
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PAGE 36 ATTACHMENT 3 – ZONING PLAN
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PAGE 37 ATTACHMENT 4 – NORTH KELLYVILLE DCP ILP
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PAGE 38 ATTACHMENT 5 – APPROVED PLAN OF SUBDIVISION
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PAGE 39 ATTACHMENT 6 – SITE PLAN
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PAGE 40 ATTACHMENT 7 – FLOOR PLANS
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PAGE 41 Basement Plan
Ground Floor Plan
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PAGE 42 First Floor Plan
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PAGE 43 Second Floor Plan
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PAGE 44 ATTACHMENT 8 – ELEVATIONS
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PAGE 45
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PAGE 46 ATTACHMENT 9 – LANDSCAPE PLANS
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PAGE 47 First Floor Courtyard
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PAGE 48 ATTACHMENT 10 – PHOTOMONTAGES
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PAGE 49 ATTACHMENT 11 – APPLICANT’S CLAUSE 4.6 VARIATION REQUEST
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PAGE 59 ITEM-2 DA 1824/2017/ZB - DESIGNATED DEVELOPMENT FOR BULK EARTHWORKS, CREEK REHABILITATION AND SERIES OF DETENTION BASINS INCORPORATING AN ON-LINE LAKE/ PRESCRIBED DAM - 5, 10-14 AND LOT 2211 DP 1217661 RED GABLES ROAD AND 89-97 MAGUIRES ROAD, BOX HILL/ MARAYLYA
THEME: Valuing our Surroundings
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: 21 NOVEMBER 2018 LOCAL PLANNING PANEL
AUTHOR: BEN HAWKINS
PRINCIPAL COORDINATOR – SUBDIVISION AND RELEASE AREAS
RESPONSIBLE OFFICER: ANDREW BROOKS
MANAGER – SUBDIVISION AND DEVELOPMENT CERTIFICATION
Applicant Celestino Pty Ltd
Owner EJC Box Hill Pty Ltd, EJCE Box Hill Pty Ltd and EJCG Box Hill Pty Ltd
Planning Consultant Willow Tree
Designer Northrop
Exhibition 31 days
Number Advised 52
Number of Submissions 2
Zoning B2 Local Centre, R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential, R4 High Density Residential, RE1 Public Recreation and E4 Environmental Living
Site Area 103.246 hectares
List of all relevant s4.15(1)(a)
matters Section 4.15 (EP&A Act) – Satisfactory
Environmental Planning And Assessment Regulation 2000 – Satisfactory
Water Management Act 2000 – Satisfactory Dam Safety Act 1978 – Satisfactory
State Environmental Planning Policy (Infrastructure) 2007 – Satisfactory
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PAGE 60 Threatened Species Conversation Act 1995 – Satisfactory State Regional Environmental Plan No 20 – Hawkesbury- Nepean River (No 2 – 1997) – Satisfactory
State Environmental Planning Policy No 55 – Remediation of Land – Satisfactory
The Hills Local Environmental Plan 2012 – Satisfactory The Hills Development Control Plan 2012 – Satisfactory Section 7.11/ 7.12 Contribution – Not Applicable (Planning Agreement)
State Infrastructure Contribution – Not Applicable (Planning Agreement)
Political Donation None disclosed
Reason for Referral to IHAP Designated development Recommendation Approval subject to conditions EXECUTIVE SUMMARY
The development application is for development works involving bulk earthworks, creek rehabilitation and a series of detention basins incorporating an on-line lake.
The subject site is located on land zoned B2 Local Centre, R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential, R4 High Density Residential, RE1 Public Recreation and E4 Environmental Living under The Hills Local Environmental Plan 2012. The proposed works do not relate to the entire 103.246 hectare site, however work is proposed within each of the listed zones.
The REI Public Recreation land which will contain the lake, detention basin and riparian corridors will ultimately be dedicated to Council in conjunction with future development applications.
The development works meet the definition of an artificial waterbody; therefore the proposal is classified as Designated Development. The applicant approached the Department of Planning and Environment prior to lodgement to obtain the Secretary’s Environmental Assessment Requirements, which were provided by the Department of Planning and Environment and have been appropriately addressed in the development application. The on-line lake is also defined as a prescribed dam pursuant to the Dam Safety Act 1978 due to its size and presence of two downstream roads crossings. The Dams Safety Committee have considered the proposal and require the basin be designed to meet their specifications which has been included as part of the recommended conditions of approval.
The proposal is satisfactory with respect to The Hills Local Environmental Plan 2012 as the primary environmental planning instrument that must be considered and includes variations to The Hills Development Control Plan 2012 relating to on-line basins and cut and fill both of which are considered appropriate and necessary based on the scale and nature of work proposed. The work is also conceptually approved under the preceding master plan.
The proposal was exhibited for 31 days as both Designated Development and nominated integrated development. Two unique submissions were received in response, noting there were three submissions in total; however two of those were identical submissions from the same property. The issues raised in the submissions relate to the provision of services for adjoining sites so they can develop at a later date, dust, water, noise and traffic impacts
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PAGE 61 during construction. These concerns have been considered and addressed in the report and does not warrant further amendment or refusal of the development application.
The application is recommended for approval subject to conditions.
BACKGROUND
The development application relates to parts of two precincts within The Gables development within the broader Box Hill North release area. The area north of Red Gables Road is part of Precinct E whilst the area south of Red Gables Road is part of Precinct C.
The broader development relates to an area of approximately 380 hectares bounded by Boundary Road to the west, Old Pitt Town Road to the south, Janpieter Road to the east and Maguires Road to the north. The site generally slopes from south-west to north and contains two natural watercourses which enter the subject site at the western boundary and converge within the site (at the location of the proposed lake) before extending north to Cataract Creek and the Hawkesbury River beyond. The development and the subject site are subject to an existing master plan that was approved pursuant to Development Consent 1397/2015/JP by the Sydney Central City Planning Panel (then Joint Regional Planning Panel) on 9 February 2016. The master plan was required by the Planning Agreement which also applies to the subject site and informs subsequent development applications, including this proposal.
There are two separate Planning Agreements relating to The Gables development within the broader Box Hill North release area; one between EJC Pty Ltd (now Celestino) and Council and another between Celestino and the Minister for Planning.
PROPOSAL
The development application is for development works involving bulk earthworks, creek rehabilitation and a series of detention basins incorporating an on-line lake that because of the size and presence of two roads crossings downstream has been confirmed as a prescribed dam pursuant to the Dam Safety Act 1978. The development works meet the definition of an artificial waterbody meaning the proposal is deemed Designated Development as discussed in more detail within this report.
The basin configuration is provided in Attachment 5 and the site plan is provided in Attachment 7.
The development works include the following.
The main basin located at the confluence of the two natural watercourses that dissect the site and which will permanently hold water, with a standing water level at RL 25.2 AHD, and detention storage above up to a design level of RL 28.4 AHD in a 1 in 100 year storm event.
A smaller, supplementary dry basin adjacent to the western site boundary separated from the main basin by a future road (the northern extension of Fontana Drive), which will detain stormwater runoff up to a design level of RL 28.5 AHD in a 1 in 100 year storm event.
A controlled outlet at the downstream end of the main basin that limits stormwater runoff into Cataract Creek to the north. This outlet coincides with a future road (the eastern extension of Chadwick Drive). The controlled outlet is designed to accommodate the 1 in 100 year design storm event, along with the 1 in 10,000 year design storm event via a high flow spillway above. It is this controlled outlet and the associated embankment that forms the basis of the dam break assessment.
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A second smaller, supplementary basin south (upstream) of the main basin and north of Red Gables Road (existing) that sits over the creek corridor, which will detain stormwater runoff up to a design level of RL 28.4 AHD in a 1 in 10 year storm event after which this runoff would overtop a proposed earthen embankment and discharge into the main basin. In rare to extreme storm events the basins operate as a single, combined storage.
A total of eight temporary sediment basins, one adjacent to the western basin, three around the main lake, two within the southern basin and two along the creek corridor south of Red Gables Road. These temporary sediment basins will be converted to raingardens (bio-retention relating to water quality treatment) in a future submission.
Six of these basins are on-line and treat runoff from within the lake and the contributing upstream catchments, whilst two are proposed to be off-line and associated solely with maintaining water quality within the lake.
Gross pollutant traps at each inlet for the sediment basins (future raingardens) referred to above.
The establishment of a creek riparian corridor extending from the southern site boundary (where the existing creek riparian corridor constructed as part of the development of Precinct H as approved by Council previously terminates now) to the main lake and incorporating the southern basin referred to above. This stretch of creek corridor includes a future crossing underneath Red Gables Road (existing).
A grassed swale along the length of the creek riparian corridor south of Red Gables Road referred to above.
Riparian and offset planting along the creek riparian corridor and around the edges of the main basin/ lake.
Tree removal and bulk earthworks over the remainder of the subject site to facilitate the eventual development of those areas as envisaged by the approved master plan.
Specifically, the proposal includes the regrading of the B2 Local Centre zoned town centre podium so that it slopes from south-west to north-east from Red Gables Road to the main lake, the regrading of the R4 High Density Residential and RE1 Public Recreation zoned land south of Red Gables Road so that it slopes from west to east from the planned northern extension of Fontana Drive towards the creek riparian corridor to accommodate the playing fields and public school planned here. The development application includes some 555,573 cubic metres of cut and 457,341 cubic metres of fill (which leaves an excess of 98,232 cubic metres of excavated material that is intended to be reused within adjoining precincts in line with the separate development consents issued by Council for the same).
The development application proposes facilitating infrastructure/ development works only, specifically earthworks and the establishment of the lake as the primary method of stormwater management (detention) for the broader development. Future submissions/
development applications will be required for the planned development of the precincts over the top; in line with the approved master plan. These future submissions/ development applications will need to include, but will obviously not be limited to, the subdivision works around the lake including roads, street drainage, road crossings (namely the planned bridges at Red Gables Road, Fontana Drive, Valletta Drive and Chadwick Drive), the conversion of the sediment basins to raingardens and the landscaping, embellishment, use and maintenance of the RE1 Public Recreation zoned around the lake (including the interface with the planned town centre between the lake and Red Gables Road further south).
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PAGE 63 ISSUES FOR CONSIDERATION