CONDTION 4 IS AMENDED AS FOLLOWS
99. Water Sensitive Urban Design Certification
An Occupation Certificate must not be issued prior to the completion of the WSUD elements conditioned earlier in this consent. The following documentation must be submitted in order to obtain an Occupation Certificate:
WAE drawings and any required engineering certifications;
Records of inspections;
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 126 An approved operations and maintenance plan; and
A certificate of structural adequacy from a suitably qualified structural engineer verifying that any structural element of the WSUD system are structurally adequate and capable of withstanding all loads likely to be imposed on them during their lifetime.
Where Council is not the PCA a copy of the above documentation must be submitted to Council.
100. Subdivision Works – Submission Requirements
Once the subdivision works are complete the following documentation (where relevant/
required) must be prepared in accordance with Council’s Design Guidelines Subdivisions/
Developments and submitted to Council’s Construction Engineer for written approval:
Works as Executed Plans
Stormwater Drainage CCTV Recording Public Asset Creation Summary
Concrete Core Test Results Structural Certification
The works as executed plans must be prepared by a suitably qualified engineer or registered surveyor.
All piped stormwater drainage systems and ancillary structures which will become public assets must be inspected by CCTV. A copy of the actual recording must be submitted electronically for checking.
A template public asset creation summary is available on Council’s website and must be used.
101. Performance/ Maintenance Security Bond
A performance/ maintenance bond of 5% of the total cost of the subdivision works is required to be submitted to Council. The bond will be held for a minimum defect liability period of six months from the certified date of completion of the subdivision works. The minimum bond amount is $5,000.00. The bond is refundable upon written application to Council and is subject to a final inspection.
102. Confirmation of Pipe Locations
A letter from a registered surveyor must be provided with the works as executed plans certifying that all pipes and drainage structures are located within the proposed drainage easements.
THE USE OF THE SITE
103. Maintenance of Landscaping Works
The landscaping works, associated plantings and construction of retaining walls are to be effectively maintained at all times and throughout the life of the development.
104. Lighting
Any lighting on the site shall be designed so as not to cause a nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of Obtrusive Effects of Outdoor Lighting.
105. Waste and Recycling Management
To ensure the adequate storage and collection of waste from the occupation of the townhouses, all garbage and recyclable materials emanating from the townhouses must be
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 127 stored in the designated bin cupboards, which must include provision for the storage of all waste generated on the premises between collections. Bin cupboards must be kept clean and tidy, bins must be washed regularly, and contaminants must be removed from bins prior to any collection.
106. Offensive Noise
The use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to “offensive noise” as defined under the provisions of the Protection of the Environment Operation Act 1997.
107. Bin Presentation (Townhouses 44-46 & 22-25)
Townhouses 44 to 46 and 22 to 25 must present bins at the locations specified in accordance to the ‘Ground Floor Plan – JOB No. 140641 DA: 201 – Issue: H’ for collection purposes. Bin presentation is not permitted directly in front of these townhouses.
ATTACHMENTS
1. Locality Plan 2. Aerial Photograph 3. Site Plan
4. Front Elevation (Facing Stone Mason Drive) 5. Typical Internal Elevations
6. Rear Elevation (Facing Castle Pines Estate) 7. Building Height Plan
8. Perspectives 9. Landscape Plan 10. Fence Details 11. Cut and Fill Plan 12. Shadow Diagrams
13. Roads and Maritime Comments 14. Clause 4.6 Written Request
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 128 ATTACHMENT 1 – LOCALITY PLAN
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 129 ATTACHMENT 2 – AERIAL PHOTOGRAPH
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 130 ATTACHMENT 3 – SITE PLAN
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 131 ATTACHMENT 4 – FRONT ELEVATION (FACING STONE MASON DRIVE)
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 132 ATTACHMENT 5 – TYPICAL INTERNAL ELEVATIONS
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 133 ATTACHMENT 6 – REAR ELEVATION (FACING CASTLE PINES ESTATE)
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 134 ATTACHMENT 7 – BUILDING HEIGHT PLANE
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 135 ATTACHMENT 8 – PERSPECTIVES
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 136 ATTACHMENT 9 – LANDSCAPE PLAN
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 137 ATTACHMENT 10 – FENCE DETAILS
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 138 ATTACHMENT 11 – CUT AND FILL PLAN
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 139 ATTACHMENT 12 – SHADOW DIAGRAMS
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 140
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 141 ATTACHMENT 13 – ROADS AND MARITIME COMMENTS
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 142
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 143 ATTACHMENT 14 – CLAUSE 4.6 WRITTEN REQUEST
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 144
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 145
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 146
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 147
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 148
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 149
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 150
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 151 ITEM-5 DA 2324/2018/LD/A - SECTION 4.55 (1A) MODIFICATION
TO THE APPROVED DEMOLITION OF AN EXISTING DWELLING, CONSTRUCTION OF A TWO STOREY DWELLING, RETAINING WALLS AND CONVERSION OF THE EXISTING SWIMMING POOL TO A WATER TANK - NO.78 BRUCEDALE DR. BAULKHAM HILLS
THEME: Valuing our Surroundings
OUTCOME: 5 Well planned and liveable neighbourhoods that meets growth targets and maintains amenity.
STRATEGY:
5.1 The Shire’s natural and built environment is well managed through strategic land use and urban planning that reflects our values and aspirations.
MEETING DATE: 23 JULY 2019
DEVELOPMENT ASSESSMENT UNIT
AUTHOR: SENIOR HEALTH AND BUILDING SURVEYOR TONY BROWN
RESPONSIBLE OFFICER: PRINCIPAL EXECUTIVE PLANNER KRISTINE MCKENZIE
Applicant V and A Balakrishnan
Owner As Above
Exhibition / Notification 14 days Number Advised Seven
Number of Submissions Three Submissions from one property owner.
Zoning R2 Low Density Residential
Site Area 695m²
List of all relevant s4.15(1)(a) matters
Section 4.15 (EP&A Act) – Satisfactory.
Section 4.55 (1A) (EP&A Act) – Satisfactory.
LEP 2012 – Satisfactory.
DCP Part B Section 2 Residential – Satisfactory.
Political Donation None Disclosed.
Reason for Referral to DAU Submissions received and modification to Development Consent.
Recommendation Approval subject to conditions.
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 152 EXECUTIVE SUMMARY
Development Application 2324/2018/LD was approved on 14 September 2018 under Delegated Authority for the demolition of an existing dwelling, construction of a two storey dwelling, retaining walls and the conversion of the existing swimming pool to a water tank.
The Section 4.55 (1A) Modification Application seeks to demolish the swimming pool and to amend the stormwater disposal design, to alter or delete a number of windows and amend the internal floor plan of the proposed dwelling.
The proposed modification has been assessed against the requirements of DCP Part B Section 2 - Residential and is satisfactory.
The Modification Application was notified to adjoining properties and three submissions were received from the same property owner. The issues raised in the submissions primarily relate to matters addressed in the original Development Application for the dwelling. These matters include overshadowing, dwelling height, sunlight and ventilation, potential overlooking, and stormwater design. The proposed modifications to drainage, window placement and floor layout are considered to be satisfactory in terms of design and amenity to adjoining properties. The proposal will not unreasonably impact on existing or future adjoining dwellings in respect to amenity or create unreasonable privacy impacts.
The application is recommended for approval subject to conditions.
BACKGROUND
Development Application 2324/2018/LD was approved on 14 September 2018 under Delegated Authority for the demolition of an existing dwelling, construction of a two storey dwelling, retaining walls and the conversion of the existing swimming pool to a water tank.
The subject Modification Application was lodged on 6 February 2019. The proposal was notified for 14 days and one submission was received. Two further submissions were subsequently lodged from the same property owner.
PROPOSAL
The Section 4.55(1A) Modification Application seeks approval to amend the stormwater disposal system. The original stormwater disposal design was to convert the existing pool into a water tank and then direct the overflow via a new stormwater drainage easement through a neighbouring downstream property to the rear. The applicant could not reach an agreement with the neighbour regarding the establishment of the easement due to the impact on a large tree’s root system near the area to be allocated as the drainage easement.
The applicant now proposes to delete the water tank and demolish the pool and to delete the use of a drainage easement. The stormwater will drain partly to Brucedale Drive via a charged stormwater drainage line and partly to an absorption trench to be constructed in the rear yard. The applicant also seeks the reduction in size and deletion of some of the dwelling windows and minor changes to the floor layout.
DEVELOPMENT ASSESSMENT UNIT MEETING 23 JULY, 2019
PAGE 153 ISSUES FOR CONSIDERATION
1. Section 4.55(1A) of the Environmental Planning and Assessment Act, 1979