MINUTES OF THE MEETING OF THE DEVELOPMENT ASSESSMENT UNIT HELD AT HILLS SHIRE COUNCIL ON TUESDAY 3 MAY 2022 The minutes of the Council meeting of the Development Assessment Unit held on 12 April 2022 are confirmed. The development application was submitted on 12 July 2021 for a 78-space childcare center with a 26-space outdoor car park to the front of the site.
The applicant was required to make a significant reduction in childcare center capacity as the proposal was deemed an overdevelopment of the area. The Development Application is for a centre-based childcare facility accommodating 58 children and 9 staff with 21 parking spaces in an open car park to the front of the development. A smaller playground for 0-2 year olds is located at the front of the area adjacent to the car park.
The following addresses the main SEPP development standards relevant to the proposal in question: Whether the approval of the Regulatory Authority (Secretary of the Department for Education) is required under section 3.22 of the SEPP.
Non-discretionary development standards
Compliance with Development Control Plans
The site is located within an area identified in the Box Hill DCP as The Ridge Character Area. The DCP states that "the Ridge Character Area will have a predominantly large residential zone characterized by one or two storey detached dwellings with large setbacks. The large plot residential area will allow for the preservation of existing vegetation, ridge formation and existing views towards these ridges.
The controls in section 5.6 - Other construction in residential areas, in particular section 5.6.1 General requirements and section 5.6.3 Childcare centres, apply to the relevant application. The front setback exceeds a minimum of 4.5m for non-residential development (and 7.5m for residential development) which means a minimum of 30.6m to the front facade of the childcare building. While a number of child care centers are approved or proposed near the site, Old Pitt Town Road, which is a major thoroughfare, is considered to be an appropriate position for the use of child care to cater for the growing population of the drop-off areas.
The proposed development achieves full compliance with the relevant controls in the Box Hill Growth Centers Precinct DCP and The Hills Development Control Plan 2012 with the exception of the following:. i) Box Hill Development Control Plan 2018 Cut and Fill. Control (4) of Section 4.1.1 Cut and fill of the Box Hill DCP provides that no earthworks shall be undertaken whereby excavation exceeds 500mm or fill exceeds 500mm of the current surface level of the property without Council approval. To protect and enhance the aesthetic quality of the area by controlling the form, extent and scope of land-forming activities.
The completed level of the landing will not adversely affect the amenity of the adjacent land to the side or rear of the site, nor is it unreasonable in terms of the size and scale of the site's proposed land formation to accommodate the proposal. Ensure a high standard of environmental quality in childcare developments and maintain the overall visual amenity and character of the neighbourhood. Despite the technical variation, the objectives of the childcare controls are still achievable.
Provide enough parking spaces that are suitable for use by residents, employees and visitors of the settlement. Despite the imposed parking arrangements for these premises, the site is considered to provide all the parking spaces created by the proposed development on the site, which meets the control objective. 17, although designated as visitor parking, is surplus to the needs of the development and is therefore not considered a busy parking lot in relation to waste collection, which will be carried out outside of peak traffic periods.
Issues Raised in Submissions
Dwellings along the rear (southern) boundary are single storey with the exception of 65 Turffontein Avenue which has a living area as a second floor located at the front of that dwelling (away from the childcare center) and has no windows overlooking the proposed childcare centre. Acoustic compliance relies on a 2.4m high barrier (1.8m high fence + 0.6m open) along the southern (rear) boundary and 2.0m high acoustic barriers on the western and eastern boundary of the main outdoor play area. Concerns about safety risks due to the childcare center being vacant after hours.
The applicant proposes to install CCTV cameras, lighting in the parking lot and an alarm system to provide additional security. There is no landscaping around the perimeter of the playing area to provide a suitable buffer for adjacent properties. The development is single storey and meets all required setbacks under the Box Hill DCP.
The development has been amended to reduce the number of children by 20 places to a maximum of 58 children. The development has been assessed against the provisions of the relevant SEPPs and DCPs and is satisfactory. There is excessive harshness in the front setback, which does not match landscape settings on Old Pitt Town Road and does not meet the 5m setback.
The amended plans reduced the number of parking spaces and increased the landscape setback to Old Pitt Town Road to 5 metres. The parking lot has been graded and is to the satisfaction of Subdivision Engineering staff. More than 50% of the site is impervious, which is not typical of the Ridge area.
Internal Referrals
Development in Accordance with Submitted Plans (as amended)
Construction Certificate
Building Work to be in Accordance with BCA
Provision of Parking Spaces
External Finishes
Tree Removal
Planting Requirements
Vehicular Access and Parking
Vehicular Crossing Request
Minor Engineering Works
Air Conditioner Location
All driveways and car parks must be graded, collected and drained by shafts and pipes to the appropriate point of legal discharge. Please note that the air conditioner must be designed so that it does not:. i) between 7 a.m. and 10 p.m. — at a noise level exceeding 5 dB(A) above the ambient background noise level measured at any boundary of the property, or. ii) between 10:00 PM and 7:00 AM – at the level of noise that can be heard in the living spaces of neighboring apartments.
Acoustic Requirements
Retention of Trees
Adherence to Waste Management Plan
Access and Loading for Waste Collection
The loading area should have adequate lighting and appropriate signage such as "refuse collection loading area", "always keep clear" and "no parking allowed at any time".
Waste and Recycling Collection Contract
Management of Construction and/or Demolition Waste
Construction of Waste Storage Area
The space for waste storage must be adequately ventilated (mechanically, if it is located in the floor plan of the building). Ventilated waste storage areas must not be connected to the same ventilation system that supplies air to the units. The waste storage area must be equipped with a pipe tap (mixer for hot and cold), connected to the water supply.
If the faucet is located inside the waste storage space, it does not conflict with the space provided for placing bins. The waste storage area should be equipped with interior lighting such as automatic sensor lights. The waste storage area must have appropriate signage (EPA approved plans can be found on the EPA NSW website) prominently displayed on internal walls and permanently maintained by the owners corporation.
Finishes and colors of the waste storage area(s) must complement the design of the development.
Endeavour Energy Requirements
Separate application for signs
Maintain Vegetation
Dedicated Hand wash basin requirement for kitchen and bottle preparation area Hand wash basins (kitchen and bottle preparation)
Additional carpark protection to the outdoor play area for 0-2 year olds
A special infrastructure contribution must be made in accordance with the Environmental Planning and Assessment (Special Infrastructure Contribution – Western Sydney Growth Areas) Regulation 2011, as in force when this permission comes into force. Please contact the Department of Planning and Environment regarding arrangements for making a payment.
Erosion & Sediment Control Plan
Section 7.11 Contribution
The Council's dues plans can be viewed at www.thehills.nsw.gov.au or a copy can be inspected or purchased from the Council's Administration Centre.
Notice of Requirements (Water/Sewer and Electricity)
Fire-Fighting Measures
Sydney Water Building Plan Approval
Tree Protection Fencing
Tree Protection Signage
Mulching within Tree Protection Zone
Trenching within Tree Protection Zone
Management of Building Sites
Consultation with Service Authorities
Approved Temporary Closet
Erosion and Sedimentation Controls
Stabilised Access Point
Details and Signage - Principal Contractor and Principal Certifier Details
Engagement of a Project Arborist
Erosion and Sedimentation Controls
Erosion & Sediment Control Plan Kept on Site
Construction and/or Demolition Waste Management Plan Required
Survey Report and Site Sketch
Deepened Edge Beam
Roof Water Drainage
Landscaping Works
Stockpiles
Additional Hand Wash Basin in Food Premises
Mechanical ventilation in Food Premises
Dust Control
Project Arborist
Construction and Fit-out of Food Premises
Pipes and ducts adjacent to walls must be placed at least 25 mm from the face of the bracketed wall. Pipes and pipes entering floors, walls or ceilings must be fitted with a flange and all gaps must be completely closed. Note: Copies of AS 4674-2004 can be obtained from www.saiglobal.com by visiting the website: www.saiglobal.com and copies of the Food Safety Standards (Australia) Code can be obtained from Food Standards Australia New Zealand by visiting the following website www.foodstandards.gov.au.
European or Aboriginal Sites or Relics
Section 73 Certificate must be submitted to the Principal Certifier before the issuing of an Occupation Certificate
Landscaping Prior to Issue of any Occupation Certificate
Retaining Walls
Food shop registration requirements
Acoustic Compliance Report
Certification of Crash Barrier
Certification of the Kitchen Fitout
Noise to Surrounding Area
Lighting
Final Acoustic Report
Offensive Noise - Acoustic Report
Waste and Recycling Management
There must be agreement in all areas of development to separate recyclable materials from waste. All waste disposal areas must be visually controlled from any neighboring residential property or public place. The waste storage area should be kept clean and tidy, bins should be washed regularly and contaminants should be removed from the bins before each collection.
Waste and Recycling Collection
Crash Barrier Maintenance
Security Measures
Hours of Operation
Noise Management Signage
Approved Number of Children
Acoustic – Maintenance
An independent assessment must be made of sound screens other than masonry, as timber and other materials can warp or be damaged. The independent assessment must be carried out every five years with a report kept on site for review by Council officers in the event of noise complaints.
Offensive odours from waste
LOCALITY PLAN
AERIAL PHOTOGRAPH
ZONING MAP
SITE PLAN
FLOOR PLAN
ELEVATIONS
SECTIONS
FENCE PLAN
LANDSCAPE PLAN
SHADOW DIAGRAMS
