ATTACHMENT 7 PERSPECTIVES
4. Setback
DCP Part D Section 6 – Rouse Hill Regional Centre contains the following requirement:
Build all buildings to street alignment with the exception of buildings with frontage to Commercial Road, where an 18 metre building setback is required to facilitate the possible future upgrading of Commercial Road.
The applicant has advised as follows:
The built form provides for the transition of massing from the town centre frame down to Caddies Creek. The setbacks for future development will be as per the DCP. However, the setbacks to Commercial Road need clarification as the existing DCP provision was set assuming road widening still need to be taken from the site. The road widening has now occurred and hence the existing provision is redundant. The new setbacks from Commercial Road boundary for the different typologies are as follows:
• 3m setback from the boundary for Multi-dwelling Housing 2-3 storeys high.
• Minimum 5m setback from the boundary to ground level, 1st and 2nd floors, and then a further 2m (minimum) setback for the 3rd floor and upper levels, for residential flat buildings.
Comment:
When considering the Northern Precinct Plan (adjoining the subject site) Council at its Ordinary Meeting of 09 December 2014 adopted a setback of a minimum 6m for residential development and 3m for non-residential development.
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Given the use of the site for residential purposes only, it is considered appropriate to require a 6m front and side setback for apartments. For multi-dwelling housing a 6 metre front and rear setback and a 3 metre side setback is recommended. This will allow an appropriate built form outcome between the two precincts to Commercial Road.
In this regard, a condition has been recommended to this effect (See Condition 5).
5. Provision of an Asset Protection Zone for Bushfire Protection
The bushfire mapping indicates that the site is affected by the 100 metre vegetation buffer zone. Attachment 3 shows the subject site in relation to the bushfire impact. The proposal includes a request to provide an asset protection zone on the adjoining Sydney Water land to a distance of 20 metres. It has not been Council staff’s practice to date to allow the provision of asset protection zones on adjoining land.
The applicant has advised as follows:
The required Asset Protection Zones were determined from Table 2.4 of Planning for Bush Fire Protection 2006 to be 20 metres to the north and east. The proposed new allotments will provide a building footprint >25 metres from the north and eastern hazard interfaces. The Asset Protection Zones will include land within the subject property, Commercial Road and an APZ within the adjacent drainage reserve.
Sydney Water has agreed to the establishment and ongoing management of an Asset Protection Zone adjacent the subject property within the drainage reserve. The Northern Residential Precinct: Caddies Creek Concept Plan (project no S05-031, dwg no C_DA_004, rev K, dated 22.01.14) is attachment 04 to this report and details management regime for this adjacent land.
The applicant has provided details of the management agreement with Sydney Water as follows:
The management, ownership and maintenance responsibilities for Caddies Creek are outlined in the Caddies Creek Licence Agreement between Sydney Water Corporation and LLGPT. This licence separates the proposed landscape works within Caddies Creek into the
following categories:
Bushland Rehabilitation Works defined as: The natural bushland regeneration works including weed removal, bush regeneration, natural bushland revegetation and assisted regeneration of indigenous plant species in Bushland Rehabilitation Area, and includes maintenance of the Bushland Rehabilitation Area.
Caddies Corridor Works defined as: The design, construction and installation of the Caddies Creek Recreational Facilities and Improvements.
Under the terms of this agreement Lend Lease GPT (Rouse Hill) Pty Limited is responsible for the completion of these works as well as the initial maintenance period (as outlined in the table below) with both Sydney Water and The Hills Shire Council assuming portions of the in-perpetuity maintenance following the initial maintenance period. This approach is consistent to the management of other areas of the Rouse Hill Trunk Drainage Lands.
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Type of Works Initial Maintenance Period &
Party Responsible Ongoing Maintenance Responsibility
Bushland Rehabilitation
Works 3 Years (post completion) by
LLGPT Sydney Water Corporation
Caddies Corridor Works 2 Years (post completion) by
LLGPT The Hills Shire Council
The initial maintenance period (undertaken by LLGPT) for the Caddies Corridor Works and the Bushland Rehabilitation Works will be performed in accordance with the defined Scope of Work for Caddies Creek2. This scope of works provides for regular (fortnightly / monthly) maintenance of the Caddies Corridor Works and the management of bushfire fuels a minimum of 3 times per year (August, November and February).
Following the completion of the 3 year initial maintenance period the management of the Bushland Rehabilitation Works will transfer to the Sydney Water Corporation who will continue to manage the bushland rehabilitation works in accordance with the Plan of Management Sydney Water Trunk Drainage Land in the Rouse Hill Development Area including the legislative obligation to comply with the Rural Fires Act 1997.
Under the Rural Fires Act 1997 Sydney Water has responsibility for managing bushfire hazards on land under its ownership or care, control and management to protect both the Sydney Water lands and adjoining land or property. Inter-agency local Bush Fire Management Committees prepare Bush Fire Risk Management Plans for specific areas setting out strategies for bushfire hazard reduction and fire management on public lands.
The application was referred to Rural Fire Service (RFS) for review. The following comments were received:
Based upon an assessment of the plans and documentation received, the NSW Rural Fire Service (RFS) raises concerns with the proposed Precinct Plan but provides the following advice in respect to bushfire matters.
The NSW Rural Fire Service (RFS) notes that the subject site is partially identified as bush fire prone on the Hills Bush Fire Prone Land Map. It is noted a range of different residential densities may be proposed adjacent to the hazard. In this regard, special consideration should be given to Fast Fact 4/12 Increased density on a single parcel of land and Practice Note 2112 Planning Instrument and Policies, specifically Appendix 1 regarding high rise and high density development.
More specifically, it is noted that the masterplan shows a perimeter road on the eastern boundary which appears to have been removed moving residential development closer to the hazard. Additionally, the areas identified for retention as riparian areas have been extended providing connectivity through the developable area which should be minimised where possible. If this is to be retained, perimeter roads should extend along this corridor for its entire length.
Any future development proposals must comply with Planning for Bushfire Protection 2006. Any subdivision or Special Fire Protection Purpose (SFPP) developments will be captured under Section 1008 of the Rural Fires Act, 1997. In addition, any residential developments will be captured under Section 79BA of the Environmental Planning and Assessment Act, 1979.
In particular, the following points should be taken into consideration in developing or revising the Precinct Plan or for any further development or subdivision layout for the site:
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• The provision of Asset Protection Zones (APZ's) in accordance with Appendix 2 of Planning for Bushfire Protection 2006. It is noted that only areas that are clearly managed or are managed through a plan of management will be considered as part of an APZ.
• In the event of a bush fire, safe operational access and egress is required for emergency service personnel attending and occupants evacuating. The proposed public roads should be designed in accordance with Section 4.1.3 of Planning for Bushfire Protection 2006. Perimeter roads shall be provided.
• Landscaping within any site and within riparian areas should, wherever possible, comply with Appendix 5 of Planning for Bush Fire Protection 2006. There should be no opportunity for direct 'fire runs' to be established within the site which could impact upon residential or Special Fire Protection Purpose development.
• The provision of a water supply for fire fighting purposes in accordance with Section 4.1.3 and 4.2. 7 of Planning for Bush fire Protection 2006.
In relation to future commercial, industrial or other development uses on bushfire-prone land, there is a requirement for a bush fire assessment to be prepared in order to inform the development potential of individual sites which are mapped as bush fire prone. The bush fire assessment should ensure that the development can meet the Aims and Objectives of Planning for Bush Fire Protection 2006 and should also address the performance criteria within Section 4.1.3 of that document.
Comment:
Development Consent 211/2007/HA was granted on 13 February 2007 for ‘Construction works within Caddies Creek Precinct with Rouse Hill Regional Centre’. The applicant has lodged a concurrent Section 96(1A) modification application (211/2007/HA/A) to amend the approved landscape works to extend the lawn areas and to include the construction of a cycle path. The proposed modifications relate to the area of the Caddies Creek corridor adjoining the Northern Residential Precinct area. Principally, the modification will ensure that the asset protection zone will comprise of generally cleared areas which are hazard load reduced.
As outlined above, the land adjoining the site is owned by Sydney Water. The land currently comprises a cleared area adjoining the subject site which varies from approximately 12-26 metres. Beyond the cleared area is vegetated.
It has not been Council staff’s practice to date to allow asset protection zones on adjoining property. This is due to the need for continued maintenance works to be undertaken which is considered to be an undue impost on an adjoining owner. In this instance, the adjoining owner is a public authority. As detailed above, maintenance responsibility for on-going management lies with Sydney Water. A condition has been recommended which requires that the applicant demonstrate that the agreement remains in place with Sydney Water for all future Level 3 Development Applications (Condition imposed – see Condition 6).
In addition, any further Development Applications for the site will be required to be accompanied by a Bushfire Impact Report given the impact on the site.
Accordingly, the proposed asset protection zone location is considered satisfactory.
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