ASSESSMENT UNIT

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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 02 March 2021

T O ST R IV E F O R B E T T ER T H IN G S

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DEVELOPMENT ASSESSMENT UNIT MEETING 02 MARCH, 2021

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 15/2020/SFH - PROPOSED SOLID FUELLED HEATER - LOT 1 DP 883152, 2 VIVALDI PLACE, BEAUMONT HILLS

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MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 23 FEBRUARY 2021

PRESENT

Cameron McKenzie Group Manager – Development & Compliance (Chair) Paul Osborne Manager – Development Assessment

Ben Hawkins Manager – Subdivision & Development Certification Angelo Berios Manager – Environment & Health

Craig Woods Manager – Regulatory Services Nicholas Carlton Manager – Forward Planning Kristine McKenzie Principal Executive Planner APOLOGIES

NIL

TIME OF COMMENCEMENT Circulated Electronically TIME OF COMPLETION

Circulated Electronically

ITEM-1 CONFIRMATION OF MINUTES RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 16 February 2021 be confirmed.

ITEM-2 DA 1092/2020/LD – TWO STOREY DWELLING AND RETAINING WALLS – LOT 102 DP 1002677, NO.16 LOMANDRA CIRCUIT, CASTLE HILL

PUBLIC NOTIFICATION OF THE DETERMINATION PURSUANT TO ITEM 20(2)(c) AND (d) OF SCHEDULE 1 OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979

DECISION

The Development Application be approved subject to conditions outlined in the report.

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REASONS FOR THE DECISION

• Section 4.15 (EP&A Act) – Satisfactory.

• LEP 2019 – Satisfactory.

• SEPP BASIX (2004) – Satisfactory.

• SEPP NO 55–Remediation of Land – Satisfactory.

• DCP Part B, Section 2 – Residential – Variations required, see report.

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The Development Application was notified to adjoining properties over 14 days. Two submissions were received. The issues raised in the submissions have been addressed in the report.

ITEM-3 DA 458/2020/LA - DEMOLITION OF A GARAGE, STUDIO AND CARPORT AND ALTERATIONS AND ADDITIONS TO THE EXISTING DWELLING INCLUDING THE CONSTRUCTION OF AN OUTDOOR ENTERTAINING AREA AND OUTBUILDING - LOT 2 DP 872046, NO. 400A OLD NORTHERN ROAD, GLENHAVEN

PUBLIC NOTIFICATION OF THE DETERMINATION PURSUANT TO ITEM 20(2)(c) AND (d) OF SCHEDULE 1 OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979

DECISION

The Development Application be approved subject to conditions outlined in the report.

REASONS FOR THE DECISION

• Section 4.15 (EP&A Act) – Satisfactory.

• LEP 2019 – Satisfactory.

• SEPP BASIX – Satisfactory.

• DCP Part B, Section 2 – Residential – Variations required, see report.

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The Development Application was notified on three occasions. Two submissions were received during the first notification, two submissions were received on the second notification and no submissions were received during the third notification period. The issues raised in the submissions have been addressed in the report.

END MINUTES

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ITEM-2 15/2020/SFH - PROPOSED SOLID FUELLED HEATER - LOT 1 DP 883152, 2 VIVALDI PLACE, BEAUMONT HILLS

THEME: Protected Environment

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: 2 MARCH 2021

AUTHOR: ENVIRONMENTAL HEALTH CO-ORDINATOR CRAIG BOURKE

RESPONSIBLE OFFICER: MANAGER – ENVIRONMENT & HEALTH ANGELO BERIOS

Applicant Sean Gerard

Owner Mr S Gerard and Mrs E Gerard Notification 14 days

Number Advised 2 Number of Submissions 1

Zoning R2 Low Density Residential

Site Area 704.3m²

Reason for Referral to DAU 1. Variation to Local Approvals Policy.

2. Submission received.

Recommendation Approval subject to conditions

EXECUTIVE SUMMARY

The application is regularise the installation of a solid fuel heater and associated flue under Section 68 of the Local Government Act 1993.

The proposal is to relocate the flue so that the discharge point is further away from neighbouring dwellings. The application was notified to adjoining neighbours in accordance with Council’s Local Approvals Policy and a submission was received raising concern that the wood fuelled heater is already installed and that the smoke emitted from the flue has an impact.

The proposal does not comply with Council’s Local Approvals Policy which requires that the minimum discharge height of the flue is to be one metre above any structure within a 15 metre horizontal radius and that the flue height does not exceed 2 metres above the roof cladding. In this instance the relocation of the flue will improve the separation to the closest

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dwelling but, at 13 metres, it will remain non-compliant with the standard. However the flue will be moved as far as is practical from the closest dwelling. The relocation and an increase in the height of the flue will improve smoke dispersion to the point that there will be minimal impact on neighbours.

The application is recommended for approval subject to the conditions outlined in this report.

BACKGROUND

Based on aerial mapping the solid fuelled heater was installed without approval between April 2020 and June 2020. A neighbour raised concerns directly with the owner of 2 Vivaldi Place in regards to the likely impact from smoke. On 4 June 2020, the subject application to install a solid fuel heater was made under Section 68 of the Local Government Act 1993, to formalise the installation of the solid fuel heater.

Neighbour notification letters were issued to two properties (4 and 10 Vivaldi Place). A submission was received from the owner of 10 Vivaldi Place raising concerns that they cannot open their windows or go out to do gardening due to the smoke. A complaint was received on 20 August 2020 from the owner of 10 Vivaldi Place who raised concerns in regards to smoke.

PROPOSAL

The Section 68 application seeks approval to regularise the installation of a solid fuelled heating device and associated flue.

The subject dwelling is two storeys facing Vivaldi Place on the corner of Carnival Way Beaumont Hills. The flue is located on the rear (north eastern) wall of the dwelling which is approximately 7 metres to the rear boundary of 10 Vivaldi Place and 5 metres to the side boundary of 4 Vivaldi Place.

The flue as constructed is positioned approximately 11 metres from the eaves of the closest neighbouring dwelling being 10 Vivaldi Place and approximately 13 metres to the eaves of 4 Vivaldi Place. The current height of the flue is approximately 1 to 1.2 metres in height. The applicant is proposing to relocate the flue approximately 2.8 metres along the rear wall so that it is further away from the neighbouring dwellings and extend the flue height to approximately 2 metres.

ISSUES FOR CONSIDERATION 1. Statutory Consideration

(i) Local Government Act 1993 Section 89 matters for consideration.

The Act has general matters which must be considered when determining an application which include, amongst other things:

Section 89 (1)

(b) Council must consider any criteria in a local policy adopted under Part 3 by the Council which are relevant to the subject-matter of the application.

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(a) Protection of the environment,

(b) Protection of public health, safety and convenience.

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Comment:-

The proposed flue is located approximately 11 metres from the closest neighbouring dwelling being 10 Vivaldi Place. The flue height and location cannot comply with the provisions of the Local Approvals Policy. The correct operation of the solid fuel heater by burning dry wood and not allowing the fire to smoulder will reduce smoke. The environment, public health and safety will be protected.

(ii) Building Code of Australia.

The Building Code of Australia (BCA) specifies that the installation of the appliance must comply with AS/NZS 2918:2001 The Standard requires the flue termination height to be 600mm above the highest point within 3 metres and if further than 3 metres from the highest point to be 1 metre above the roof penetration.

Comment:-

The proposed flue complies with AS/NZS 2918:2001 and therefore complies with the requirements of the BCA.

(iii) Local Approvals Policy – Appendix 3, Installation of Wood Fire Heaters

The Policy requires that the minimum discharge height of the flue is 1 metre above any structure within a 15 metre horizontal radius. This requirement was adopted from the recommendations of the NSW EPA to minimise impacts of smoke on neighbours where the topography or the proximity of multilevel buildings may cause smoke issues. The Policy also requires that the flue height shall not exceed 2 metres above the roof cladding. This provision is in consideration of aesthetics.

Comment:-

The flue does not meet the requirement of being 1 metre above any structure within a 15 metre horizontal radius. The flue as constructed is positioned approximately 11 metres from the eaves of the closest neighbouring dwelling being 10 Vivaldi Place and approximately 13 metres to the eaves of 4 Vivaldi Place. The current height of the flue is approximately 1 to 1.2 metres in height. The applicant is proposing to relocate the flue approximately 2.8 metres along the rear wall so that it is further away from the neighbouring dwellings and extend the flue height to approximately 2 metres. The flue will be greater than 15 metres to 4 Vivaldi Place and will comply however the flue will be approximately 13 metres to 10 Vivaldi Place and will not comply. For the flue to achieve a height of one metre higher than any structure within 15 metres the flue will need to be approximately 3 metres in height. While this does not comply the relocation of the flue and the correct operation would greatly reduce the likelihood of nuisance smoke to the adjoining properties.

2. Objections

A submission was received from one neighbouring household being 10 Vivaldi Place Beaumont Hills.

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ISSUE/OBJECTION COMMENT The heater produces lots of

smoke that affects our property directly. This is especially in the morning. We cannot open our windows and we cannot go out to do gardening.

The flue is sufficient distance from the objector’s house.

The relocation and increase in height of the flue will improve smoke dispersion. The correct use will ensure that any smoke emitted is minimal. The proposal is considered satisfactory subject to conditions. Regulatory action under the Protection of the Environment Operations Act 1997 can be taken for heaters producing excessive smoke.

The heater was installed without approval.

This is acknowledged and the submission of the subject application addresses this. The applicant has stated that he purchased the heater from a reputable dealer who did not advise them of the requirement to obtain an approval prior to installation.

CONCLUSION

The proposal has been assessed against the ‘Matters for Consideration’ as noted under Section 89 of the Local Government Act 1993, the Building Code of Australia and Council’s adopted Local Approvals Policy. The proposal does not comply with the requirements of the Local Approvals Policy in regards to the final height and location of the flue. To be one metre above the ridge of the subject dwelling would result in a flue approximately 3 metres in height.

It is considered that, with an increase in the height of the flue and the adjustment of the flue away from the neighbours dwelling there is sufficient distance between the flue and adjacent homes to provide an adequate dispersal of smoke. The amount of smoke will be determined by the operation and the fuel used.

The issues raised in the submissions have been addressed in the report and do not warrant refusal 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 social and environmental impacts have been identified, considered and addressed in the report. The potential for impact has been mediated by the recommended conditions of approval.

RECOMMENDATION

That the application be approved subject to the following conditions:

1. The solid fuel heater is to be installed and constructed in compliance with Part 3.7.3 Heating Appliance of the Building Code of Australia, Australian Standards AS2918:2001 Domestic solid fuel burning appliances – Installation, and the guidelines published by the EPA titled Selecting, Installing and Operating Domestic Solid Fuel Heaters.

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2. The flue is to be extended by the addition of 900 – 1000mm so that the final height of the flue is between 1800mm and 2000mm from the edge of the roof.

3. The flue is to be repositioned to run up the wall on the alternate side of the window located to the north east of the current position.

4. Written Certification by an appropriately qualified person is to be provided to Council on completion of the installation and prior to the use of the solid fuel heater. This certification must demonstrate that the installation of the solid fuel heater has been undertaken in accordance with the requirements of the Building Code of Australia, Section 3.7.3.5: Installation of Free Standing Heating Appliances.

5. A final site inspection relating to the works carried out on the installation of the solid fuel heater shall be arranged by the applicant and shall be undertaken by Council prior to use. A minimum seventy-two (72) hours notice is required prior to an inspection.

6. No rubbish, waste material of any kind, driftwood, coal, treated or varnished timber is to be burned or disposed of in the solid fuelled heater. The type of wood used must be aged, dry hardwood. The wood is to be stored under cover in a dry well ventilated area.

7. The use of the solid fuel heater shall not cause ‘offensive smoke’ as defined under the Protection of the Environment Operations Act 1997 (the ‘Act’) as:

“excessive smoke means the emission of a visible plume of smoke from a chimney for a continuous period of not less than 10 minutes, including a period of not less than 30 seconds when the plume extends at least 10 metres from the point at which the smoke is emitted from the chimney.”

ATTACHMENTS 1. Locality Plan 2. Aerial Photograph 3. Site Plan and Elevation 4. Site Photographs

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ATTACHMENT 1 – LOCALITY PLAN

Site: 2 Vivaldi Place Beaumont Hills

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Properties Notified

Submission Received

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ATTACHMENT 2 – AERIAL PHOTOGRAPH

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ATTACHMENT 3 –SITE PLAN AND ELEVATION

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ATTACHMENT 4 – SITE PHOTOGRAPHS

Photo 1: Current location of flow on rear elevation of dwelling as seen from the public walk way. Red marking showing approximate location of flue when relocated.

Photo 2: Flue shown in relationship to the neighbouring dwellings