The proposal includes signage and therefore SEPP No. 64 applies. Clause 13(1) of the SEPP states the following:
“A consent authority must not grant development consent to an application to display signage unless the consent authority is satisfied:
(a) that the signage is consistent with the objectives of this Policy as set out in clause 3 (1) (a), and
(b) that the signage the subject of the application satisfies the assessment criteria specified in Schedule 1.”
Schedule 1 - Assessment Criteria
Assessment Criteria Proposal Compliance
Character of the Area
Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?
Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?
The signage is considered to be of an appropriate size and scale for the area within which it is located.
The proposed signage is of a quality design and finish suitable for the proposed use.
Yes
Special areas
Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential
The signage is not located within an area of environmental sensitivity, waterways or rural landscapes. The site is located within a neighbourhood centre in North Kellyville.
Yes
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY, 2021
areas?
Views and vistas
Does the proposal obscure or compromise important views?
Does the proposal dominate the skyline and reduce the quality of vistas?
Does the proposal respect the viewing rights of other advertisers?
The signage will not obscure any view, including important views.
The proposed signage will not dominate the skyline or protrude above any approved structures.
The signage will not contain advertising and is only to be used for business identification. There are no affected advertisers in the vicinity of the site.
Yes
Streetscape, setting or landscape
Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?
Does the proposal contribute to the visual interest of the streetscape, setting or landscape?
Does the proposal reduce clutter by rationalising and
simplifying existing advertising?
Does the proposal protrude above buildings, structures or tree canopies in the area or locality?
The scale, proportion and form of the proposal is considered appropriate for the streetscape. The signage will not protrude above surrounding buildings and trees.
No existing signage exists for the tenancy.
No
Yes
Site and building
Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?
Does the proposal respect important features of the site or building, or both?
The signage is compatible with the scale, proportion and other characteristics of the building.
Yes
Yes
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY, 2021 Does the proposal show
innovation and imagination in its relationship to the site or building, or both?
Yes
Illumination
Would illumination result in unacceptable glare?
Would illumination affect safety for pedestrians, vehicles or aircraft?
Would illumination detract from the amenity of any residence or other form of accommodation?
Is the illumination subject to a curfew?
No
Conditions have been applied with respect to signage illumination to ensure the signage will not affect safety or detract from the amenity of the area.
A condition has been recommended requiring illuminated signage to be turned off no later than 15 minutes after the close of the business to protect residential amenity.
Yes
Safety
Would the proposal reduce the safety for any public road?
Would the proposal reduce the safety for pedestrians or bicyclists?
Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas?
No
There will be no direct obstruction of views or distraction to passing motorists, cyclists or pedestrians.
The proposed signage will not obscure any sightlines, and therefore is not considered to reduce the safety of pedestrians.
Yes
The proposal is satisfactory with respect to SEPP 64.
5. Internal Referrals
The application was referred to following sections of Council:
Environmental Health
Council’s Environmental Health Officer has reviewed the proposal and raised no objection subject to conditions.
Fire Safety
Council’s Environmental Fire Safety Officer has reviewed the proposal and raised no objection subject to conditions.
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY, 2021
CONCLUSION
The Review of Determination has been assessed against the relevant heads of consideration under Division 8.2 and Section 4.15 of the Environmental Planning and Assessment Act, 1979, State Environmental Planning Policy (Sydney Region Growth Centres) 2006, State Environmental Planning Policy No. 64 – Advertising and Signage and North Kellyville Development Control Plan 2018 and is considered satisfactory.
No submissions were received during public notification 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.
RECOMMENDATION
Approval subject to the following conditions:
GENERAL MATTERS
1. Development in Accordance with Submitted Plans
The development being carried out in accordance with the following approved plans and details, stamped and returned with this consent except where amended by other conditions of consent.
REFERENCED PLANS AND DOCUMENTS DRAWING
NO. DESCRIPTION REVISION DATE
DA01 Floor Plan V3 19/05/2021
DA02 Elevations V3 19/05/2021
DA03 Elevations V3 19/05/2021
No work (including excavation, land fill or earth reshaping) shall be undertaken prior to the issue of the Construction Certificate, where a Construction Certificate is required.