MINUTES OF DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, JULY 13, 2021. DEVELOPMENT ASSESSMENT UNIT MEETING JULY 27, 2021, which excludes the application of these amendments to all development applications submitted prior to the finalization of the planning proposal.
Compliance with The Hills Development Control Plan
The variation in lateral setback from 2m to adjacent properties is considered acceptable and meets the objectives of the DCP and there are no adverse effects as a result of non-compliance with the setback regulation. The construction of abutments of residences 1 and 2 is not believed to defeat the objectives of the fallback control as it is unlikely to adversely affect the quality of life of.
Development Control Plan Part B Section 9 – Small Lot Housing Background
Despite the above non-compliance, the proposal is considered to be an appropriate development given its compliance with the key development controls under both the current LEP and the other relevant DCP controls as set out in the previous section of this report. It is further assessed that the proposal will contribute to creating housing diversity in the district without adversely affecting the housing facilities or the existing streetscape along Old Castle Hill Road.
Issues Raised in Submissions
If the proposal is approved, it is requested that the drainage to the ramp at No. be operated. An important consideration in the assessment of the application was the impact of the proposal on the orderly development of the immediate area, as there are multiple residences. developments (townhouses) to the north and east of the relevant lot.
Internal Referrals
All work within the tree protection area must be carried out under the supervision of a project arborist (Diploma Qualified Arborist). In the lowest corner of the subject site, a feed pit with a grated surface should be provided.
Development in Accordance with Submitted Plans
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY 2021 6) When the rainwater drainage work has been completed, a completed work must be prepared in accordance with the Council's Design Guidelines Subdivisions/.
Zero Lot Line Dwellings – Easement Encroachment
External Finishes
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY 2021 External finishes and colors to be in accordance with the details submitted with the development application and approved by this consent.
Tree Removal
Planting Requirements
Protection of Public Infrastructure
Structures Adjacent to Piped Drainage Easements
Vehicular Access and Parking
The vehicle crossing request must name the contractor and be accompanied by a copy of their valid public liability insurance policy. Do not request a vehicle pass until the contactor is known and the access road is constructed.
Minor Engineering Works
Each ramp requires the submission of a separate vehicle crossing request, accompanied by the appropriate fee according to the Council's Schedule of Fees and Charges. DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY 2021 The entire site area is to be graded, collected and drained by pits and pipes to a suitable point of legal discharge.
Road Opening Permit
Subdivision Works Approval
Construction Certificate
Demolition Notification
Building Work to be in Accordance with BCA
Contamination
Air Conditioner Location
Provision of Kitchen Waste Storage Cupboard
The bins provided should allow convenient transport of waste from the kitchen to the main household bins or to the waste disposal point. The Principal Certifying Authority must personally confirm visually or obtain photographic evidence proving this requirement, before issuing any occupational certificate.
Tree Removal on Public Land
Adherence to Waste Management Plan
Management of Construction and Demolition Waste
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.
Disposal of Surplus Excavated Material
Commencement of Domestic Waste Service
Provision of Domestic Waste Storage Area(s)
Property Numbering & Mail Boxes for Multi Dwelling Housing
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY 2021 Approved numbers, unless otherwise approved in writing by the Council, must be clearly displayed at entry points of ramps to ensure signage is clear to help emergency services find a destination easily and quickly. For the utility and convenience of the resident, they should be located close to access points in the driveway.
Onsite Stormwater Detention – Hawkesbury River Catchment Area
Australia Post requires post boxes to be close to the footpath or road and easily accessible to the postman. Inclusion of approved stamped numbering plans supplied by Land Information must be stated in Condition 1 REFERENCE PLANS AND DOCUMENTS as follows:-.
Works on Adjoining Land
Security Bond – Road Pavement and Public Asset Protection
Engineering Works
Earthworks and retaining walls are limited to those locations and heights shown on the approved plans. Where earthworks are not shown on the approved plan, the surface of the land within the lots shall not be disturbed.
Erosion & Sediment Control Plan
Retaining walls between plots must be located on the high side plot retained, except for the need for easements for support on the low side plot adjacent. Where possible, unit 1 should drain to a single well on the boundary before discharging via an intermediate allocation drainage line; this will negate the need for multiple drainage facilities across unit 2.
Section 7.12 Contribution
The trees to be preserved, including trees on adjacent properties, must be protected during all works in strict accordance with AS4970-2009 Protection of Trees on Construction Sites. All areas within the tree protection zone should be mulched with composted leaf mulch to a depth of not less than 100mm.
Trenching and excavation within Tree Protection Zone
Separate OSD Detailed Design Approval
Property Condition Report – Public Assets
Property Condition Report – Private Assets
Management of Building Sites
Consultation with Service Authorities
Approved Temporary Closet
Stabilised Access Point
Details and Signage - Principal Contractor and Principal Certifier Details
Notification of Asbestos Removal
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY 2021 Before commencing any demolition work involving asbestos containing materials, all adjoining neighbors and the Council must be given at least five days written notice of the work.
Erosion and Sedimentation Controls
Demolition Works and Asbestos Management
Discontinuation of Domestic Waste Services
Waste Management Details Required
Hours of Work
Compliance with BASIX Certificate
Critical Stage Inspections and Inspections Nominated by the Principal Certifier Section 6.6 of the Environmental Planning and Assessment Act 1979 requires critical stage
Landscaping Works
Stockpiles
Asbestos Removal
Dust Control
Project Arborist
Construction Noise
Contamination
Completion of Engineering Works
Property Condition Report – Public Assets
Stormwater Management Certification
All stocks of materials that can generate dust should be kept moist or covered. DEVELOPMENT ASSESSMENT UNIT MEETING JULY 27, 2021 adequate and able to withstand all the loads that may be placed on them during their lifetime;.
Completion of Subdivision Works/ Satisfactory Final Inspection
Subdivision Works – Submission Requirements
Confirmation of Pipe Locations
Section 73 Compliance Certificate
Where the Council is not the main certifier, a copy of the above documentation must be submitted to the Council. The only other exception to this is for services other than potable water supply, in which case the requirements of Flow Systems/Box Hill Water as a network operator under the Water Industry Competition Act 2006 will apply.
Provision of Electrical Services
Property Condition Report – Private Assets
Provision of Telecommunication Services
Final Plan and Section 88B Instrument
Lots 1, 2 and 3 must be positively committed using the terms 'on-site stormwater retention systems' included in the standard recitals. d) Constraint/Commitment – water sensitive urban design. Lots 1, 2 and 3 are to be encumbered with a positive covenant relating to the WSUD elements mentioned earlier in this consent using "water sensitive urban design elements". terms included in standard recitals. e) Easement – Repairs/Dwellings without lot.
Maintenance of Landscaping Works
A positive covenant should be placed on the title of proposed lot 2 to ensure maintenance. repair of the shared ramp according to the conditions for "maintenance/repair of shared access" included in the standard considerations. A 900mm wide (minimum) easement for repairs is required over those lots adjacent to the zero lot line homes identified on the approved plan using the "zero lot line homes".
Waste and Recycling Management
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. The approved working hours for the McDonalds restaurant on the premises under condition No.
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY 2021 Clause 2.9 The Hills DCP Part B Section 6 - The Company does not set opening hours for businesses located outside Norwest Business Park. As such, the extension of working hours is deemed to comply with the provisions of clause 2.9 of The Hills DCP Part B Section 6 - Business.
Issues Raised in Submissions
There are no objections to the proposed hours of operation, subject to a consent condition requiring noise control in order to operate (see Condition No. 7). In this regard, permission conditions have been implemented to ensure that the operation and use of the loading dock and waste collection services must take place during the hours of 7 a.m. to 6 p.m., which is defined as the daily working period (see Condition No. 4). .
Internal Referrals
The concern is noise from the premises and visitors to the restaurant 24 hours a day. In addition, conditions for consent were recommended to ensure that operational noise level limits for the site are defined and met by the applicant (Condition No. 7).
External Referrals NSW POLICE
The NSW Police raised no objection to the proposal and note the current 24-hour operation of the premises under the Environmental Planning and Assessment (Covid-19 Development – Extended Operation) Order 2020 (NSW) and submission of a appropriate management plan, which is enforceable under a condition of consent (Condition No.3). The development application is approved subject to the following conditions THE USE OF THE LAND.
Hours of Operation
The Development Application has been assessed against the relevant heads of review under section 4.15 of the Environmental Planning and Assessment Act, 1979, the Hills Local Environmental Plan 2019 and the Hills Development Control Plan 2012 and is considered satisfactory. The issues raised in the submissions are addressed in the report and do not warrant rejection of the application.
Operation of the Site
The proposed development is consistent with the planning principles, vision and objectives outlined in the "Hills 2026 – Looking to the Future" as the proposed development ensures satisfactory urban growth without detrimental environmental or social benefits and provides a consistent built form while respecting the streetscape and general locality .
Plan of Management
Use of Loading Docks and Waste Collection
Lighting
Offensive Noise - Acoustic Report
Operational Noise Level Limit
It was found that the SEPP unreasonably restricts the use of the rental premises on the ground floor to. During the assessment of the application, the question arose as to whether the proposed use for food and beverage establishments is permitted in the R1 general residential zone.
Division 8.2 of the Environmental Planning and Assessment Act, 1979
MEETING OF THE DEVELOPMENT ASSESSMENT UNIT 27 JULY 2021. a) after the period within which any appeal may be lodged with the court has expired, if no appeal was made, or. b) after the court has determined an appeal against the decision or decision. The consent authority can take up the case taking into account the changed development, but only if it finds it proven that it is essentially the same development.
Compliance with State Environmental Planning Policy (Sydney Region Growth Centres) 2006
In accordance with Article 8.3(3), the applicant has amended the application to remove outdoor dining, but the proposal is deemed to be substantially the same development. The proposal is consistent with the stated objectives of the general residential zone R1, in that the proposal allows for alternative land uses that provide amenities or services to meet the daily needs of residents.
Compliance with North Kellyville Development Control Plan 2018
To support the well-being of the community, including educational, recreational, community, religious and other activities and, where appropriate, convenience stores if there are no adverse effects on the amenities of any proposed or existing nearby residential development. The majority of special area checks relate to design considerations for the construction of new development and are not relevant to the occupancy and furnishing of individual rental properties within the centre.
SEPP No. 64 Advertising and Signage
Is the scale, proportion and form of the proposal appropriate to the landscape, setting or streetscape? Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage will be located.
Construction Certificate
The Review of Determination was assessed against the relevant heads of consideration under Section 8.2 and Section 4.15 of the Environmental Planning and Assessment Act, 1979, State Environmental Planning Policy (Sydney Regional Growth Centres) 2006, State Environmental Planning Policy No. No work (including excavation, backfilling or land reform) must be undertaken prior to the issue of the Construction Certificate, where a Construction Certificate is required.
Building Work to be in Accordance with BCA
The development is carried out in accordance with the following approved plans and details, stamped and returned with this consent unless varied by other conditions of consent. Illuminated signage must be switched off no later than 15 minutes after the business closes to protect the home's facilities.
Separate application for other signs
Adherence to Waste Management Plan
Management of Construction and/or Demolition Waste
Clause 94 Building Upgrade
Erecting suitable fencing or other measures to restrict public access to the construction site and construction work, materials or equipment when construction work is not in progress or the construction site is otherwise vacant. Placing a sign, in a prominent place, stating that unauthorized access to the premises is not allowed and stating the name and telephone number of the out-of-hours contact person.
Details and Signage - Principal Contractor and Principal Certifier Details
Critical Stage Inspections and Inspections Nominated by the Principal Certifier Section 6.6 of the Environmental Planning and Assessment Act 1979 requires critical stage
Additional Hand Wash Basin in Food Premises
DEVELOPMENT ASSESSMENT UNIT MEETING JULY 27, 2021 Note: Hands-free faucets must be provided at hand sinks and hand sinks must be located within five (5) meters of where food handlers handle open food.
Mechanical ventilation in Food Premises
Construction and Fit-out of Food Premises
Odour Control
Maximum Capacity Signage to be Displayed in the Premises
The following signage is ready for use and will be placed in a conspicuous place in the building:.
Food shop registration requirements
Food Premises Final Inspection
Maximum Capacity of Venue
- Grease Trap (Food Premises)
- Noise to Surrounding Area
- Lighting
- Hours of operation for waste collection, delivery / dispatch of goods Delivery of goods shall be restricted to the following times;
- Waste and Recycling Management
Arrangements for the separation of recyclable materials and waste should be made in all areas of development. All waste storage areas should be shielded from view from adjacent residences or public places.
