ASSESSMENT UNIT

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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 17 May 2022

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 17 MAY, 2022

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 802/2022/LA – DEMOLITION OF A SHED AND CONSTRUCTION OF A SHED – LOT 1 DP 1010944, NO.

151 ANNANGROVE ROAD ANNANGROVE

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MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 10 MAY 2022

PRESENT

Cameron McKenzie Group Manager – Development & Compliance (Chair) Angelo Berios Manager – Environment & Health

Craig Woods Manager – Regulatory Services Paul Osborne Manager – Development Assessment Nicholas Carlton Manager – Forward Planning

Ben Hawkins Manager – Subdivision & Development Certification Kristine McKenzie Principal Coordinator – Development Assessment APOLOGIES

NIL

CIRCULATED ELECTRONICALLY

ITEM-1 CONFIRMATION OF MINUTES RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 3 May 2022 be confirmed.

ITEM-2 DA 86/2022/HA – CENTRE BASED CHILD CARE FACILITY LOT 112 DP 1240389, 112 OLD PITT TOWN ROAD, BOX 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 the conditions outlined in the report.

REASONS FOR THE DECISION

• Section 4.15 (EP&A Act) – Satisfactory

• SEPP (Precincts - Central River City) 2021 - Satisfactory

• SEPP Growth Centres – Satisfactory.

• Compliance with State Environmental Planning Policy (Transport and Infrastructure) 2021 – Satisfactory

• Compliance with SEPP State Environmental Planning Policy (Resilience and Hazards) 2021 - Satisfactory

• Box Hill DCP – Variation, See report.

• Part B Section 6 – Business (Child Care Centre controls) – Variation, Satisfactory.

• Part C Section 1 – Parking – Variation, Satisfactory.

• Part C Section 3 – Landscaping – Variation, Satisfactory.

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION

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Notification letters were issued to adjoining properties over 14 days. Five submissions were received. The issues raised in the submissions were addressed in the report.

END MINUTES

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ITEM-2 DA 802/2022/LA – DEMOLITION OF A SHED AND CONSTRUCTION OF A SHED – LOT 1 DP 1010944, NO.

151 ANNANGROVE ROAD ANNANGROVE

THEME: Valuing our Surroundings

OUTCOME:

9 Our natural surroundings are valued, maintained and enhanced and impacts are managed responsibly through education and regulatory action.

STRATEGY:

9.3 Manage new and existing development with a robust

framework of policies, plans and processes that is in accordance with community needs and expectations.

MEETING DATE: 17 MAY 2022

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: TOWN PLANNER

SUMMER HARRISON

RESPONSIBLE OFFICER: PRINCIPAL COORDINATOR DEVELOPMENT ASSESSMENT KRISTINE MCKENZIE

Applicant S. Kundra

Notification 14 days Number Advised Six Number of Submissions Three

Zoning RU6 Transition

Site Area 20,000m²

List of all relevant s4.15(1)(a) matters

Section 4.15 (EP&A Act) – Satisfactory.

LEP 2019 – Satisfactory.

DCP Part B Section 1 – Rural – Variation required, see report.

Section 7.12 Contribution – Not Applicable.

Political Donation None Disclosed

Reasons for Referral to DAU 1. Variation to DCP.

2. Submissions received.

Recommendation Approval subject to conditions

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EXECUTIVE SUMMARY

The Development Application is for the demolition of a shed and construction of a shed. The shed will be used for storage purposes.

The proposal has been assessed against the provisions of DCP Part B Section 1 Rural and satisfies the controls except for the accumulative building floor area for rural sheds. The DCP requires the accumulative building floor of sheds within an RU6 Transition zone to not exceed 300m². The proposed shed has a floor area of 360m².

It may be noted that the existing shed has a floor area of 440m². The proposed shed will utilise the existing concrete slab to minimise demolition impacts.

The application was notified and submissions from three property owners were received. The issues raised primarily relate to stormwater management and potential noise and activities from the use of shed impacting the rural amenity of the area. Conditions of consent have been recommended to address stormwater management and to ensure the shed will not be converted for separate habitation, commercial or industrial purposes.

The application is recommended for approval subject to conditions.

BACKGROUND

The Development Application was lodged on 18 November 2021.

Additional information was requested on 10 December 2021 to address the use of the shed, provide justification for the variation to the shed area and address stormwater drainage.

Amended plans and information was received on 11 January 2022.

Further information was requested 8 February 2022 in relation to the use of the shed, revised drainage plan, revised internal floor plan including any partitioning or toilet amenities, and to provide justification regarding the proposal for four doors to access the proposed shed. A fourteen day letter was sent to the applicant on 14 March 2022 and amended plans were submitted on 22 March 2022.

PROPOSAL

The Development Application is for the demolition of an existing shed and the construction of a shed. The existing shed has an area of 440m² and is in a dilapidated condition. The proposed shed has an area of 360m² and will be located on the existing concrete slab associated with the existing shed.

The shed includes a toilet and will be used for personal storage.

The existing structures on site include a dwelling, outbuilding and the existing 440m²shed.

The proposed building materials are to be steel frames with corrugated pre-painted finish of shale grey, and the existing concrete slab is to remain.

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ISSUES FOR CONSIDERATION

1. Compliance with Local Environmental Plan 2019 (i) Permissibility

The land is zoned RU6 Transition under LEP 2019. The proposed shed is considered ancillary to a dwelling and is permissible with consent.

(ii) LEP 2019 - Development Standards

The following addresses the principal development standards of the LEP relevant to the subject proposal:

CLAUSE REQUIRED PROVIDED COMPLIES

Building Height 10 metres 5.37 metres Yes

2. Compliance with DCP Part B Section 1 Rural

The proposal has been assessed against the provisions of DCP Part B Section 1 – Rural The proposed development achieves compliance with the relevant requirements of DCP with the exception of the following:

DEVELOPMENT CONTROL

DCP

REQUIREMENTS

PROPOSED DEVELOPMENT

COMPLIANCE Accumulative Rural

Shed Floor Area

Maximum gross floor area of all sheds is to not exceed 300m².

Proposed floor area of shed 360m².

No, however the existing shed which will be demolished has an area of 440m² and the siting of the shed maintains the open rural feel of the area

a) Accumulative Rural Shed Floor Area

The DCP requires that the accumulative floor area for rural sheds within land zoned RU6 Transition shall not exceed 300m². The proposed shed has a floor area of 360m². The existing shed which will be demolished has an area of 440m².

The applicant has provided the following justification for the variation:

The Proposed Development involves demolition of existing shed and replacing with a new shed. Purpose of the proposed shed is for as personal storage and not for habitable or commercial storage.

Proposed shed is smaller than the existing shed in size and area by ~80m². Internal layout has a toilet proposed along with waste water management (attached) approved by the Council. The multiple access points to enter the shed are for easy manoeuvring if the client has to park/store his car or boat in the shed.

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Comment:

The objective of the DCP is:

• Rural sheds do not detract from the scenic and environmental qualities of the rural area, and maintain the amenity of surrounding residents

The proposed shed complies with the side and rear setback. The amenity of the surrounding residents will not be impacted upon by the rural shed given the same siting of the development as the existing shed, and the established landscape screen located along the southern boundary of the property. Furthermore, the proposed shed will be smaller than the existing shed to be demolished.

The proposed variation to the accumulative building floor area of rural shed can be supported in this instance.

3. Issues Raised in Submissions

The proposal was notified for 14 days and three submissions were received. The issues raised in the submissions are summarised below.

ISSUE/OBJECTION COMMENT Concern regarding the

stormwater drainage and

management not appropriately addressed.

The architectural plans and concept stormwater plan demonstrate appropriate measures for stormwater disposal. The proposal will include constructing a stormwater trench connected to the downpipes to appropriately dispose of the stormwater (See Attachment 7). A condition is recommended which requires that appropriate rural stormwater runoff is to be dispersed that does not adversely affect neighbouring properties or impact surrounding vegetation through the integration of either an absorption trench or level spreader (See Condition 8).

The use of the shed will create excessive noise, impacting the rural amenity.

A condition of consent is recommended which requires that the shed is not to be used for separate habitation, dual occupancy commercial or industrial purposes (See Condition 20). In this regard, the applicant has indicated that the shed will be used for personal storage.

Concerns regarding the privacy impacts on neighbouring properties as well as the permissibility of the use of the shed for any proposed activity that may be undertaken.

Sheds are permissible within RU6 Transition Zoning under LEP 2019. A condition has been recommended in which requires that the shed not be used for separate habitation, commercial or industrial purposes (See Condition 20).

The setbacks for the proposed shed are compliant being more than 10m from adjoining side and rear property boundaries in accordance with the DCP requirements. It is also noted that the proposed shed will be located on the slab associated with the existing shed.

4. Internal Referrals

The application was referred to following sections of Council:

• Environmental Health

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No objection was raised to the proposal subject to conditions.

CONCLUSION

The Development Application has been assessed against the relevant heads of consideration 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 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 proposed development is consistent with the planning principles, vision and objectives outlined within “Hills 2026 – Looking Towards the Future” as the proposed development provides for satisfactory urban growth without adverse environmental or social amenity impacts and ensures a consistent built form is provided with respect to the streetscape and general locality.

RECOMMENDATION

Approval subject to conditions.

GENERAL MATTERS

1. Development in Accordance with Submitted Plans

The development being carried out in accordance with the following approved plans and details, stamped and returned with this consent except where amended by other conditions of consent.

REFERENCED PLANS AND DOCUMENTS

DWG. DESCRIPTION SHEET REVISION DATE

01 Site Plan 01 04 15 March 2022

02 Ground Floor Plan 02 04 15 March 2022

03 Elevations-1 03 04 15 March 2022

04 Sections-1 04 04 15 March 2022

05 Elevations-2 05 04 15 March 2022

06 Sediment Control Plan 06 04 15 March 2022

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07 Concept Landscape Plan 07 04 15 March 2022

08 Concept Stormwater Drainage Plan 08 A 17 March 2022 09 Schedule of External Colours 09 01 25 October 2021 No work (including excavation, land fill or earth reshaping) shall be undertaken prior to the issue of the Construction Certificate, where a Construction Certificate is required.

2. External Finishes

External finishes and colours shall be in accordance with the details submitted with the development application and approved with this consent.

3. Construction Certificate

Prior to construction of the approved development, it is necessary to obtain a Construction Certificate. A Construction Certificate may be issued by Council or a Registered Certifier.

Plans submitted with the Construction Certificate are to be amended to incorporate the conditions of the Development Consent.

4. Building Work to be in Accordance with BCA

All building work must be carried out in accordance with the provisions of the Building Code of Australia.

5. Adherence to Waste Management Plan

All requirements of the Waste Management Plan submitted as part of the Development Application must be implemented except where contrary to other conditions of consent. The information submitted regarding construction and demolition wastes can change provided that the same or a greater level of reuse and recycling is achieved as detailed in the plan. Any material moved offsite is to be transported in accordance with the requirements of the Protection of the Environment Operations Act 1997 and only to a place that can lawfully be used as a waste facility. Receipts of all waste/recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them.

Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square metres or more of asbestos sheeting) must provide information to the NSW EPA regarding the movement of waste using their WasteLocate online reporting tool

www.wastelocate.epa.nsw.gov.au.

6. Management of Construction and/or Demolition Waste

Waste materials must be appropriately stored and secured within a designated waste area onsite at all times, prior to its reuse onsite or being sent offsite. This includes waste materials such as paper and containers which must not litter the site or leave the site onto neighbouring public or private property. A separate dedicated bin must be provided onsite by the builder for the disposal of waste materials such as paper, containers and food scraps generated by all workers. Building 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 building waste container in a public place.

Any material moved offsite is to be transported in accordance with the requirements of the Protection of the Environment Operations Act 1997 and only to a place that can lawfully be used as a waste facility. The separation and recycling of the following waste materials is required: metals, timber, masonry products and clean waste plasterboard. This can be achieved by source separation onsite, that is, a bin for metal waste, a bin for timber, a bin for bricks and so on. Alternatively, mixed waste may be stored in one or more bins and sent to a

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waste contractor or transfer/sorting station that will sort the waste on their premises for recycling. Receipts of all waste/recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them.

Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square metres or more of asbestos sheeting) must provide information to the NSW EPA regarding the movement of waste using their WasteLocate online reporting tool www.wastelocate.epa.nsw.gov.au.

7. Batter to Stabilise Earthworks

Batter to stabilise earthworks is to have a maximum gradient of 1:4.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 8. Stormwater Drainage – Rural

Stormwater runoff from the development is to be dispersed in a fashion that does not adversely affect neighbouring properties, create erosion, impact on any existing trees or the onsite sewerage management facility. In this respect, the runoff will be discharged by draining directly from the development to either:

a) An absorption trench system located at least 5 metres from property boundaries which has been designed and sized by a suitably qualified and experienced person. The design must take into consideration the geotechnical conditions of the site to ensure the suitability of the system. If the site is already serviced by an absorption trench system, it must be shown to adequately cater for both the existing development and the shed’s stormwater or;

b) A level spreader/energy dissipater located at least 5 metres from property boundaries which has been designed and sized by a suitably qualified and experienced person. A detailed design plan showing full construction details of either the absorption trench system or level spreader/energy dissipater must be included with the documentation approved as part of any Construction Certificate.

9. Connection of toilet facilities to the onsite sewage management system

The toilet and hand basin within the shed shall be connected to the onsite sewage management system.

PRIOR TO WORK COMMENCING ON THE SITE 10. Sydney Water Building Plan Approval

A building plan approval must be obtained from Sydney Water Tap in™ to ensure that the approved development will not impact Sydney Water infrastructure. A copy of the building plan approval and receipt from Sydney Water Tap in™ (if not already provided) must be submitted to the Principal Certifier upon request prior to works commencing. Please refer to the website http://www.sydneywater.com.au/tapin/index.htm, Sydney Water Tap in™, or telephone 13 20 92.

11. Approved Temporary Closet

An approved temporary closet connected to the sewers of Sydney Water, or alternatively an approved chemical closet is to be provided on the land, prior to building operations being commenced.

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12. Erosion and Sedimentation Controls

Erosion and sedimentation controls shall be in place prior to the commencement of site works;

and maintained throughout construction activities until the site is landscaped and/or suitably revegetated. The controls shall be in accordance with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

13. Stabilised Access Point

A stabilised all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised. The controls shall be in accordance with the requirements with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

14. Details and Signage - Principal Contractor and Principal Certifier Details

Prior to work commencing, submit to the Principal Certifier notification in writing of the principal contractor’s (builder) name, address, phone number, email address and licence number.

No later than two days before work commences, Council is to have received written details of the Principal Certifier in accordance with Clause 103 of the Environmental Planning and Assessment Regulations 2000.

Signage

A sign is to be erected in accordance with Clause 98A(2) of the Environmental Planning and Assessment Regulations 2000. The sign is to be erected in a prominent position and show –

• the name, address and phone number of the Principal Certifier for the work,

• the name and out of working hours contact phone number of the principal contractor/person responsible for the work.

The sign must state that unauthorised entry to the work site is prohibited.

DURING CONSTRUCTION 15. Hours of Work

Work on the project to be limited to the following hours: - Monday to Saturday - 7.00am to 5.00pm;

No work to be carried out on Sunday or Public Holidays.

The builder/contractor shall be responsible to instruct and control sub-contractors regarding the hours of work.

16. Dust Control

The emission of dust must be controlled to minimise nuisance to the occupants of the surrounding premises. In the absence of any alternative measures, the following measures must be taken to control the emission of dust:

• Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the construction work;

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• All dusty surfaces must be wet down and suppressed by means of a fine water spray.

Water used for dust suppression must not cause water pollution; and

• All stockpiles of materials that are likely to generate dust must be kept damp or covered.

17. Protection of the effluent disposal area

The approved area used for the disposal of treated effluent shall be delineated and protected from damage from vehicles during the construction of the shed.

The stormwater and water runoff from associated hardstand areas shall be managed to ensure the water does not impact the effluent disposal area.

18. Critical Stage Inspections and Inspections Nominated by the Principal Certifier Section 6.6 of the Environmental Planning and Assessment Act 1979 requires critical stage inspections to be carried out for building work as prescribed by Clause 162A of the Environmental Planning and Assessment Regulation 2000. Prior to allowing building works to commence the Principal Certifier must give notice of these inspections pursuant to Clause 103A of the Environmental Planning and Assessment Regulation 2000.

An Occupation Certificate cannot be issued and the building may not be able to be used or occupied where any mandatory critical stage inspection or other inspection required by the Principal Certifier is not carried out. Inspections can only be carried out by the Principal Certifier unless agreed to by the Principal Certifier beforehand and subject to that person being a registered certifier.

19. Roof Water Drainage

Gutter and downpipe and/or rainwater tank overflow, to be provided and connected to an approved lawful discharge point (ie. kerb, inter-allotment drainage easement or OSD) upon installation of roof coverings.

USE OF SITE

20. Restriction on Building Use

The shed is not to be used or converted for use for separate habitation, commercial or industrial purposes.

ATTACHMENTS 1. Locality Plan 2. Aerial Photograph 3. Part Aerial Photograph 4. Part Site Plan

5. Shed Elevations 6. Shed Floor Plan

7. Concept Stormwater Plan

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ATTACHMENT 1 – LOCALITY PLAN

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ATTACHMENT 2 – AERIAL PHOTOGRAPH

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ATTACHMENT 3 – PART AERIAL PHOTOGRAPH

Existing shed to be demolished and location of proposed shed

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ATTACHMENT 4 – PART SITE PLAN

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ATTACHMENT 5 – ELEVATIONS

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ATTACHMENT 6 – FLOOR PLAN

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ATTACHMENT 7 – CONCEPT STORMWATER PLAN