With regard to the 'five-part test', the objection to the building height is based on part 1 of the test, as the objectives of these standards are achieved despite non-compliance with the standards. The design team have carefully considered the design of the building as a whole and we respectfully disagree with the panel's view that "the central fire escape is awkward and adds to the sense of size and height of the development".
Issues Raised in Submissions
The proposal has been assessed in accordance with the provisions of Part B Section 6 – Business and Part C Section 3 – Landscape and achieves compliance with the relevant requirements with the exception of height. The additional floor proposed for the approved commercial development is considered to be compatible with the surrounding development within Norwest Business Park and the general streetscape and is rated as satisfactory.
Internal Referrals
The application was referred to NSW Roads and Maritime Services under Section 138 of the Roads Act 1993 and State Environmental Planning Policy (Infrastructure) 2007. Compliance with NSW Roads and Maritime Services dated 9 March 2019 (See Appendix 1) and NSW Roads and Traffic Authority dated 17 July 2009 (except clause 1).
Development in Accordance with Submitted Plans
Compliance with NSW RMS Requirements
External Finishes
Before work begins and maintenance during building operations, sufficient protection must be ensured so that no damage to public infrastructure occurs as a result of the workers. Public infrastructure includes the road surface, curbs and gutters, concrete paths, drainage structures, utilities and front-of-site landscaping.
Construction Certificate
The certifier is responsible for inspecting the public infrastructure for compliance with this condition before a certificate of use is issued. Any damage must be compensated in accordance with the council's requirements and to the council's satisfaction.
Building Work to be in Accordance with BCA
Contamination
Litter Control
Adherence to Waste Management Plan
Management of Construction and/or Demolition Waste
Receipts for all waste/recycling deposits must be kept on site at all times and handed over in a legible form to any authorized Council officer who requests to see them. Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square meters or more of asbestos sheeting) must provide information to EPA NSW about the movement of waste using their online reporting tool WasteLocate www. wastelocate.epa.nsw.gov .au.
Protection of Public Infrastructure
Separate Application for Strata Subdivision
Minor Engineering Works
Clause 94 Upgrade
The Stage 6 development is to be provided with 453 additional off-street parking spaces comprising nine (9) accessible parking spaces. In addition, fourteen (14) motorcycle parking spaces and twenty-six (26) bicycle parking spaces shall be provided.
Compliance with Norwest Association Requirements
Separate application for signs
Erosion and Sediment Control/ Soil and Water Management
Management of Building Sites
Consultation with Service Authorities
Approved Temporary Closet
Details and Signage - Principal Contractor and Principal Certifying Authority Details
Stabilised Access Point
Hours of Work
Survey Report and Site Sketch
Critical Stage Inspections and Inspections Nominated by the PCA
Roof Water Drainage
Stockpiles
Dust Control
Compliance with Acoustic Report
Regulated Systems
Acoustic - Compliance report
Registration of Regulated Systems
Waste and Recycling Management
Waste and Recycling Collection
Lighting
The original approval requires fencing along Green Road to be set back in line with the back boundary of No. This is in response to the removal of the existing access point on Green Road as part of the subdivision and the development internalized and accessible through Carlisle Crescent as required by The Hills Development Control Plan 2012 (DCP).
The variation application also seeks to amend an operational condition in relation to fencing and landscaping along the site's greenway frontage which is required as the development internalizes the development with access via Carlisle Crescent as required by The Hills Development Control Plan 2012. Streetscape and Frontage Changes along the greenway is considered to be compatible with the existing one and will not have an adverse impact on the environment.
The Hills Development Control Plan
The Section 4.55(1A) variation application will assist in contributing to additional housing opportunities that are consistent with the existing character of the area. The opponent has not provided any documentation or evidence for the abandonment of the easement.
IS AMENDED AS FOLLOWS
Replacement Planting Requirements The following requirements apply
The extent of ramp construction required as part of the works will cover the area indicated (B) on the stamped approved plan. Landscaping must be provided in accordance with Condition 5 above for the fence along the Green Road frontage of the site.
Performance/ Maintenance Security Bond
The proposal is consistent with the objectives of the control and the variation is considered satisfactory in this case. The proposal is consistent with the objectives of the control and the variation is considered satisfactory in this case.
External Referrals
No work (including excavation, backfilling or land reclamation) shall be undertaken prior to the issue of the Construction Certificate, where a Construction Certificate is required. No work (including excavation, backfilling or land reclamation) shall be undertaken prior to the issue of the Construction Certificate, where a Construction Certificate is required.
Construction Certificate
Imported ‘Waste Derived’ Fill Material
Adherence to Waste Management Plan
Any material moved off site must be transported in accordance with the requirements of the Environmental Protection Act 1997 and only to a location that can legally be used as a waste facility. The separation and recycling of the following waste materials is required: metals, wood, masonry products and clean waste plasterboard.
Disposal of Surplus Excavated Material
Waste materials must be properly stored and secured within a designated on-site waste area at all times, before being reused on-site or shipped off-site. A separate dedicated bin shall be provided on site by the builder for the disposal of waste materials such as paper, containers and food waste generated by all workers.
Provision of Domestic Bin Cupboards
This includes waste materials such as paper and containers that must not litter the lot or leave the site on neighboring public or private property. This can be achieved by on-site source separation, i.e. a container for scrap metal, a container for timber, a container for bricks and so on.
Provision of Communal Garden Organics Bins Area
Construction waste containers are not permitted to be placed on public property at any time unless a separate application is approved by Council to locate a construction waste container in a public place.
Commencement of Domestic Waste Service
Two (2) road names must be provided and approved for the development, contact the Council's Subdivision Certification Division. The number of post boxes to be provided must be equal to the number of townhouses plus one (1) for the owners of the development and must be according to Australia Post size requirements.
External Finishes
Approved numbers, unless otherwise approved in writing by the Council, must be clearly displayed on all door entrances. External directional signage shall be erected on site at the entrance and on buildings to ensure that all number plates throughout the complex are clearly visible to assist emergency service providers in finding a destination easily and quickly.
Tree Removal
Under no circumstances can the numbering be skipped throughout the development, regardless of building name or number.
Compliance with Endeavour Energy Requirements
Generally, the Level 3 ASP (appointed by the developer) is responsible for ensuring that the substation location and design meet Endeavor Energy's standards. The planting of large trees in the vicinity of electricity infrastructure is not supported by Endeavor Energy.
Compliance with Roads and Maritime Services Requirements
In relation to the substation required to facilitate the proposed development, a copy of Endeavor Energy's 'Guide to Fencing, Retaining Walls and Maintenance Around Substations' is attached for the applicant's reference. In the event of an emergency relating to the Endeavor Energy electricity network, the applicant notes that the emergency telephone number is 131 003, which can be contacted 24/7.
Planting Requirements
The layout of the proposed car parking areas associated with the subject development (including, ramps, grades, turning paths, sight distance requirements, path widths, path lengths and parking dimensions) must be in accordance with AS. In this regard, a plan will be submitted to Council for approval showing that the proposed development meets this requirement.
Replacement Planting Requirements
The swept path of the longest vehicle entering and exiting the subject site as well as maneuverability through the site shall be in accordance with AUSTROADS. All works/regulatory signage in connection with the proposed development must be at no cost to roads and shipping.
Access/ Staging – Stone Mason Drive
Stormwater Management – Drainage Easement/ Deed
Any agreed compensation must be paid before or upon submission of the easement gross for land registration. n). A requirement that any person who becomes the new legal or equitable owner of any of the land prior to the registration of the easement in gross or the intervening easements must be bound by the terms of the deed.
Separate Application for Strata Subdivision
PAGE 109 gross, taking into account both minor and major storms via piped and overland flow, according to the design criteria set out in the Subdivision/Development Board draft guidelines, must be prepared, submitted and approved to the stage that the site , alignment, width and extent of the easements are certain and that they can be created with assurance that they will be fit for purpose (to the satisfaction of the Manager of the Council - Subdivision and Development Certification). Council must be nominated as the party whose consent is required to release, amend, or modify the easement in gross. i) The form and final terms of the easement in gross. j) Provision for the requirements of the deed to bind any successors in title to the relevant properties. k) The requirement for the registration of the easements in gross and inter-assignment easements prior to the issuance of a subdivision certificate or vocational certificate. l) No payment of any fee or fees or charges by the Council for the creation of the easement easement and the owners of the site to indemnify the Council against any claim for damages arising from the granting of any of the easements. m) Subject to the above point, final agreement between the parties on the compensation to be paid between the parties for the purpose of establishing the easement in gross.
Protection of Public Infrastructure
Structures Adjacent to Piped Drainage Easements
Vehicular Access and Parking
No work is permitted within existing or proposed public drainage easements unless approved by Council.
Vehicular Crossing Request
Minor Engineering Works
The driveway must be a minimum of 6m wide for the first 6m into the plot, measured from the dividing line. The entire area must be graded, collected and drained by pits and pipes to a suitable legal discharge point.
Proposed Street Naming
The design, finish, grade and location of all driveway intersections must comply with the above documents and Council's driveway specifications. A separate vehicle crossing request fee is payable in accordance with the Council's Schedule of Fees and Charges.
Recycled Water – Rouse Hill/ Sydney Water
Water Sensitive Urban Design Handover Process
For the purposes of complying with the above, a WSUD treatment system is considered to include all functional elements of the system as well as any landscaped areas directly surrounding the system.
Road Opening Permit
Construction Certificate – Subdivision Works
Building Work to be in Accordance with BCA
Access for Waste Collection
Geotechnical Report – Recommendations
DEVELOPMENT ASSESSMENT UNIT MEETING JULY 23, 2019 .. h) Erosion Control Practices i) Sediment Control Practices .. j) Erosion and Sediment Control Maintenance Program Outline. For guidance on preparing a plan see "Managing Urban Stormwater Soils & Construction" prepared by the NSW Department of Housing).
Internal Pavement Structural Design Certification
Section 7.11 Contribution – Balmoral Road Release Area
Special Infrastructure Contribution – Growth Centres
Works in Existing Easement
Stormwater Discharge Acceptance
Security Bond – Road Pavement and Public Asset Protection
Engineering Works and Design
The main outfall line connecting the upstream catchment drain behind RMB 59 and RMB 61 Windsor Road through the location shown on the approved Northrop Revision 5 Draft Subdivision Work Plan dated is to be constructed. The rainwater tanks (minimum 3,000 liters per unit), insert wells, dirt trap and rain filter cartridges (or approved equivalent) listed on the approved draft plan must be included.
Security Bond Requirements
The detailed plans must be suitable for construction, and include detailed and representative longitudinal and cross sections of the proposed infrastructure. 90% reduction in the annual mean load of gross pollutants 85% reduction in the annual mean load of total suspended solids 65% reduction in the annual mean load of total phosphorus 45% reduction in the annual mean load of total nitrogen All model parameters and data outputs must be provided.
Erosion and Sediment Control/ Soil and Water Management Plan
The design must be accompanied, informed and supported by detailed water quality and quantity modelling.
Local Provenance Planting Stock
Tree Removal on Public Land
Tree Protection Fencing
Tree Protection Signage
Before site work commences, all areas within the tree protection zone should be mulched with composted leaf mulch to a depth of 100mm.
Trenching within Tree Protection Zone
Separate OSD Detailed Design Approval
Property Condition Report – Public Assets
Traffic Control Plan
Erosion and Sediment Control/ Soil and Water Management
The provision of telecommunications services for the non-residue lots created by the subdivision, which typically requires the installation of pits and pipes that meet the standard specifications of NBN Co current at the time of installation. The Telecommunications Act 1978 (Cth) specifies where the deployment of optical fiber and the installation of fiber ready facilities is required.
Management of Building Sites
Consultation with Service Authorities
Dilapidation Survey
Approved Temporary Closet
Erosion and Sedimentation Controls
Stabilised Access Point
This includes the undergrounding of existing overhead services, except where a specific written exemption has been granted by the Council. These requirements will be in accordance with Urban Stormwater Management – Lands and Construction produced by the NSW Department of Housing (Blue Book).
Details and Signage - Principal Contractor and Principal Certifying Authority Details
Project Ecologist
Engagement of a Project Arborist
Construction Management Plan
34;Managing Urban Stormwater - Soils and Construction" (Blue Book) produced by the NSW Department of Housing. The plan must be kept on site at all times and made available on request.
Erosion & Sediment Control Plan Kept on Site
Demolition Works and Asbestos Management
Rock Breaking Noise
Construction Noise
Removal of Septic Tank and Effluent Disposal Area
Washing of Vehicles
Contamination
Standard of Works
Roof Water Drainage
Survey Report and Site Sketch
Compliance with BASIX Certificate
Critical Stage Inspections and Inspections Nominated by the PCA
Landscaping Works
Dust emissions must be controlled to minimize disturbance to people in the surrounding areas. All stocks of materials that can generate dust must be kept moist or covered.
Tree Removal & Fauna Protection
Dust screens must be erected around the perimeter of the site and maintained in good condition for the duration of the construction;. All dusty surfaces must be wetted and suppressed by means of a fine water spray.
Project Arborist
Landscaping Prior to Issue of any Occupation Certificate
Internal Pavement Construction
Provision of Electricity Services
The submission of a Certificate of Conformity from the relevant telecommunications provider, authorized under the Telecommunications Act, confirming that satisfactory arrangements have been made for the provision of or movement of telecommunications services, including telecommunications cables and associated infrastructure. This includes laying aerial telecommunications lines and cables underground if required by the relevant telecommunications company.
Final Dilapidation Survey
Provision of Signage for Communal Garden Organics Bins Area
Biodiversity compliance
Property Condition Report – Public Assets
OSD System Certification
Creation of Restrictions/ Positive Covenants
Water Sensitive Urban Design Certification
Where the Council is not the OPM, a copy of the above documentation must be submitted to the Council. A performance/maintenance bond of 5% of the total cost of the subdivision works is required to be lodged with Council.
The definition of building height is as follows:. a) according to the height of the building in meters - the vertical distance from the ground level (existing) to the highest point of the building, or b) relative to the RL of the building - the vertical distance from the Australian Elevation Datum to the highest point of the building, including overhangs of plants and elevators, but excluding communications equipment, aerials, satellite dishes, masts, flagpoles, chimneys, flues and the like. The approved height of the dwelling under the current amendment is not a change.
Development in Accordance with Submitted Plans (as amended)
Runoff from the proposed dwelling should be directed to the gutter at Brucedale Place via a loaded line, via the proposed rainwater tank/s (5000 liter total volume minimum). As much runoff from the roof/hardstand area should be directed away from the gutter via a loaded line.
