ASSESSMENT UNIT

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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 19 February 2019

T O S T R I V E F O R B E T T E R T H I N G S

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DEVELOPMENT ASSESSMENT UNIT MEETING 19 FEBRUARY, 2019

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 75/2019/AEU - BUILDING CERTIFICATE APPLICATION FOR A PERGOLA - LOT 107 DP 233467, 2 PATRINE PLACE, BELLA VISTA

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PAGE 3 MINUTES OF THE DEVELOPMENT ASSESSMENT UNI MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 12 FEBRUARY 2019

PRESENT

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

Andrew Brooks Manager Subdivision & Development Certification Angelo Berios Manager Environment & Health

Craig Woods Manager Regulatory Services

Megan Munari Principal Forward Planner Kristine McKenzie Principal Executive Planner APOLOGIES

Nil

TIME OF COMMENCEMENT 8:30am

TIME OF COMPLETION 8:53am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 5 February 2019 be confirmed.

ITEM-2 DA 544/2019/HA - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A CHILD CARE CENTRE AND OUT OF SCHOOL HOURS (OOSH) - LOT 102 DP 1070732, NO. 36-38 ROSEBERY ROAD, KELLYVILLE

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 application be approved subject to conditions as set out in the report with an amendment to Condition 50 to read as follows:

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PAGE 4 50. Hours for the collection of waste

All collection of waste from the premises is restricted to the following times;

Monday to Saturday – 7.00am to 8.00pm REASONS FOR THE DECISION

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

 The Hills LEP 2012 – Satisfactory.

 SEPP (Educational Establishments and Child Care Facilities) 2017 – Satisfactory.

 State Environmental Planning Policy No 55—Remediation of Land – Satisfactory.

 DCP Part B Section 6 – Business – Variation, see report.

 DCP Part C Section 1 – Parking – Variation, see report.

 DCP Part C Section 2 – Signage – Satisfactory

 DCP Part C Section 3 – Landscaping – Variation, see report.

 DCP Part D Section 5 – Kellyville Rouse Hill – Satisfactory.

 Section 7.12 Contribution: $6,848.75.

HOW THE COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION

The development application was notified and three (3) submissions were received, the issues raised were considered in the report.

ITEM-3 DA 687/2017/ZD - SUBDIVISION CREATING SIX COMMUNITY TITLE (NEIGHBOURHOOD) RESIDENTIAL LOTS AND ONE ASSOCIATION LOT INCLUDING NEW ROAD, DEMOLITION AND CONTAMINATION REMEDIATION - LOT 4 DP 31754, 145 FOXALL ROAD, NORTH KELLYVILLE

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 application was withdrawn at the request of the applicant.

REASONS FOR THE DECISION

 Section 4.15 (EP&A Act) – Satisfactory.15

 SEPP (Sydney Region Growth Centres) 2006 – Appendix 2.

 North Kellyville Precinct Plan – Satisfactory.

 SEPP 55 – Remediation of Land – Satisfactory.

 SREP 20 – Hawkesbury-Nepean River (No. 2 – 1997) – Satisfactory.

 North Kellyville Precinct Development Control Plan – Variation sought (minimum lot yield requirement for community title subdivisions in the E4 Zone), see report.

 Section 7.11 Contribution - $200,000.00. Condition 52.

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PAGE 5 HOW THE COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION

The development application was notified and (six (6) submissions were received from three property owners, the issues raised were considered in the report.

ITEM-4 DA 1988/2017/HA - CHILD CARE CENTRE - LOT 10 DP 775285, NO. 39 KENTHURST ROAD, KENTHURST 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 application be approved subject to conditions as set out in the report.

REASONS FOR THE DECISION

 Section 4.15 (EP&A Act) – Satisfactory

 LEP 2012 – Satisfactory

 SEPP Educational Establishments and Child Care Facilities 2017 – Satisfactory

 State Environmental Planning Policy No 55 — Remediation of Land – Satisfactory

 State Environmental Planning Policy No 64 — Advertising and Signage – Satisfactory

 State Regional Environmental Plan No. 20 — Hawkesbury Nepean River – Satisfactory

 DCP Part B Section 1 – Rural – Variations required, see report

 DCP Part B Section 6 – Business – Variation required, see report

 DCP Part C Section 1 – Parking – Variation required, see report

 DCP Part C Section 3 – Landscaping – Satisfactory

 Section 7.11 Contribution: $2,770.00

HOW THE COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION

The development application was notified and two (2) submissions were received from three property owners, the issues raised were considered in the report.

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PAGE 6 ITEM-2 75/2019/AEU - BUILDING CERTIFICATE APPLICATION FOR AN UNAUTHORISED PERGOLA - LOT 107 DP 233467, 2 PATRINE PLACE, BELLA VISTA

THEME: Proactive Leadership OUTCOME:

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

STRATEGY:

9.1 Effective regulatory strategies, local laws and compliance programs, manage public health and the impact of new and existing development on the community.

MEETING DATE: 19 FEBRUARY 2019

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: BUILDING COMPLIANCE OFFICER

BRADLEY ADAMS

RESPONSIBLE OFFICER: MANAGER – REGULATORY SERVICES CRAIG WOODS

Applicant Mr I Mehdi & Mrs A N Zaidi Owner Mr I Mehdi & Mrs A N Zaidi Exhibition / Notification 21 days

Number Advised 2 Number of Submissions 1

Zoning R2 Low Density

Site Area 700sqm

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

Section 4.15 (EP&A Act) – Satisfactory.

The Hills LEP 2012 – Satisfactory.

SEPP Growth Centres – Satisfactory.

Political Donation None Disclosed Reason for Referral to

DAU/Council/IHAP

1. Submission received.

Recommendation Approval subject to works.

EXECUTIVE SUMMARY

The Building Information Certificate application has been submitted to regulate the unauthorised construction of a pergola at the rear of the subject premises. The structure does not comply with the State Environmental Planning Policy (Exempt and Complying

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PAGE 7 Development Codes) 2008 and therefore consent should have been obtained prior to construction. An investigation of the unauthorised works determined that the structure warranted a Building Information Certificate to be assessed to allow the as-built works to remain on site.

The application was advertised to two properties of which one submission was received. The issues raised primarily relate to the proximity of the structure to the properties rear and side boundaries as well as the aesthetic impact of the awning. The concerns raised also relate to a pre-existing stormwater complaint which was lodged by the same resident. The concerns raised by the resident are addressed in section 3 of this report.

The Building Information Certificate application is recommended for approval.

BACKGROUND

On 3 September 2018 Council received a private stormwater complaint in relation to the excess discharge of water from the kerb outlet in 19 Prestige Avenue Bella Vista.

On 18 September 2018 Council’s Building Compliance Officer inspected the subject premises to ensure all downpipes on the property were connected. During this inspection it was discovered that a downpipe from a pergola at the rear of the property was not connected. Further investigation revealed that the pergola was constructed without consent.

On 1 November 2018 a letter was issued to the owner to lodge a Building Information Certificate to regulate the subject pergola.

On 17 December 2018 the Building Information Certificate application was lodged by the applicant with all relevant supporting documentation.

PROPOSAL

The Building Information Certificate application is to regulate the unauthorised construction of a pergola which has not been built in accordance with the standards outlined in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Consequently the pergola is not considered to be exempt development.

The unauthorised pergola is attached to the rear of the existing dwelling and has a total covered area of 38.34sqm. At its peak points the pergola measures at 3.24m in height and 7.03m in length and constructed of an aluminium frame. An identification survey indicates that the Pergola has a minimum distance of 70mm to the side boundary and 355mm to the rear boundary. The pergola was constructed in May of 2017 and was not brought to Councils attention prior to the stormwater complaint being made.

The pergola has been certified as being structurally adequate by an appropriately qualified engineer and an identification survey has been provided to ensure the structure is located wholly within the property boundaries. The application seeks to maintain the works as-built with further works being undertaken to ensure a downpipe is connected to the existing stormwater system prior to the issue of the Building Certificate.

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PAGE 8 ISSUES FOR CONSIDERATION

1. Compliance with The Hills Local Environmental Plan 2012 (i) Permissibility

The site is zoned residential R2 under The Hills Shire Council’s Local Environmental Plan, 2012.

The pergola is characterised as being an ancillary structure to the residential dwelling. It is considered that the development satisfies the requirements of THLEP 2012 and is therefore permissible with the consent of Council.

2. Compliance with The Hills Development Control Plan

The proposal has been assessed against the provisions of The Hills Development Control Plan (THDCP) particularly:-

Part B Section 2 – Residential

The proposed development achieves compliance with the relevant requirements of the above Development Controls with the exception of the following:

DEVELOPMENT CONTROL

DCP

REQUIREMENTS

PROPOSED DEVELOPMENT

COMPLIANCE Clause 2.14.1

Building Setbacks

Height of

building

Distance of wall to boundary line

Distance to eave to

boundary line 1 or 2

storeys

900mm 675mm 3 storey 1500mm 1175mm

The pergola is located within 900mm of the side property boundary.

No. See

comment below.

a) Building Setbacks

The DCP requires that side building setbacks for a building with a height of 1-2 storeys be a minimum of 900mm from an enclosed wall. This is to create an attractive, interesting and pleasant streetscape through the siting of buildings.

Comment:

It should be noted that although the pergola is within the 900mm distance from the boundary specified in this clause, the clause specifically relates to that of a solid dwelling wall. The subject development is of open nature and does not include an enclosing wall. The pergola is considered to have met the objectives of the DCP and therefore the proposed variation to building setbacks is considered acceptable in this instance.

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PAGE 9 3. Issues Raised in Submissions

The proposal was notified for 21 days. The issues raised in the submissions are summarised below:

ISSUE/OBJECTION COMMENT

The proximity of the pergola to the property boundaries.

It is considered that enforcing an increase of a 900mm setback to the pergola would not result in a significant difference to the amenity of the adjoining property. The pergola is an open-style structure and has no walls to impose a detrimental bulk and scale issue. As a result it is recommended that the structure remain as-built.

Concerns regarding the connection of the pergola to the boundary fence.

An inspection of the pergola did not identify any portion of the structure being connected to either the rear or side boundary fences. Photos of the structure are provided with this report and show there is no connection.

The aesthetic impact of the structure and whether it is in keeping with the existing streetscape.

The materials used for the construction of the pergola are compatible with surrounding developments and are common materials used for such structures. The pergola has been built using steel beams and sheeting of which is not considered to have any adverse aesthetic impacts to the existing streetscape.

Concerns in relation to the disconnected downpipe and the LPOD located on Prestige Avenue.

This stormwater complaint has been investigated and it has determined that the stormwater management system at the subject property is working effectively and does not contain any blockages. Whilst the inspection confirmed that water was continually discharging to the street outlet, Council staff were unable to determine the origin of that water. However, it was determined that all surface water and roof water from the dwelling are discharging to the street outlet in Prestige Ave. The downpipe located on the pergola that is not connected will be fixed prior to the BIC being issued. Given that the water is discharging the lawful point no further action will be taken.

4. S6.25 Obligations of Council to issue building information certificates The Council must issue a building certificate if it appears that:

(a) There is no matter discernible by the exercise of reasonable care and skill that would entitle the Council, under this Act or the Local Government Act 1993 :

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PAGE 10 (i) to order the building to be demolished, altered, added to or rebuilt, or

(ii) to take proceedings for an order or injunction requiring the building to be demolished, altered, added to or rebuilt, or

(iii) to take proceedings in relation to any encroachment by the building onto land vested in or under the control of the Council, or

(b) There is such a matter but, in the circumstances, the Council does not propose to make any such order or take any such proceedings.

In reviewing the above, it is clear that the Building Information Certificate must be issued if there is no matter discernible that would warrant the unauthorised pergola to be demolished, altered or rebuilt. In this situation, the unauthorised pergola is not considered to be a significant impact on the existing amenity of the streetscape or adjoining properties with respect to THDCP objectives for building setbacks.

CONCLUSION

The Building Information Certificate 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 2012 and The Hills Development Control Plan 2012 and is considered satisfactory.

The issues raised in the submission have been addressed in the report and do not warrant refusal of the application.

Approval is recommended subject to the identified drainage works being completed.

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

The Building Information Certificate application be approved subject to the pergola downpipe being connected to the existing surface water drainage outlet.

ATTACHMENTS 1. Locality Plan 2. Aerial Photograph 3. Survey Plan 4. Site Photos

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PAGE 11 ATTACHMENT 1 – LOCALITY PLAN

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PAGE 12 ATTACHMENT 2 – AERIAL PHOTOGRAPH

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PAGE 13 ATTACHMENT 3 – SURVEY PLAN

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PAGE 14 ATTACHMENT 4 – SITE PHOTOS