ASSESSMENT UNIT

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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 09 July 2019

TO STRIVE FOR BETTER THINGS

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 JULY, 2019

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 1100/2019/LD - A TWO STOREY DWELLING - LOT 4 DP 226155, 6 KENT STREET, BAULKHAM HILLS

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ITEM-3 DA 1213/2015/HB/A - SECTION 4.55 (AA) MODIFICATION TO AN APPROVED THREE STOREY SHOP TOP HOUSING DEVELOPMENT - LOT 370 DP 238858, 40 MERINDAH ROAD BAULKHAM HILLS

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PAGE 3 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 18 JUNE 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 Nicholas Carlton Manager – Forward Planning Kristine McKenzie Principal Executive Planner APOLOGIES

Nil TIME OF COMMENCEMENT

8:30am

TIME OF COMPLETION 8:58am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 4 June 2019 be confirmed.

ITEM-2 DA 1712/2017/ZD - SUBDIVISION CREATING 11 COMMUNITY TITLE RESIDENTIAL LOTS AND ONE COMMUNITY ASSOCIATION LOT INCLUDING NEW ROAD AND DEMOLITION - LOT 6 DP 242138, 20 BRUCE PLACE, 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 development application be approved subject to conditions in the report with an amendment to Condition 70 shown in bold, to read as follows:

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PAGE 4 70. Fencing

Prior to the release of a Subdivision Certificate a 1.8m high timber lapped and capped fence is to be constructed for the full length of the western site boundary as it interfaces with Lots 308 to 314 in DP 1186336 and along the south-eastern boundary for the full length of the proposed private road adjoining Lot 5 DP 242138.

REASONS FOR THE DECISION

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

 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 – Satisfactory.

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

 Sydney Region Environmental Plan No. 20 (Hawkesbury-Nepean River) No. 2 – 1997 – Satisfactory.

 North Kellyville Precinct Development Control Plan – Variation sought.

 Section 7.11 Contribution: $400,000.00 (capped).

 State/Special Infrastructure Contribution – Condition 67.

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The development application was notified and 15 submissions were received. The issues raised were discussed in the report.

ITEM-3 DA 779/2019/HA - SINGLE STOREY DWELLING WITH AN ATTACHED SECONDARY DWELLING, INGROUND SWIMMING POOL, SHED AND RETAINING WALLS - LOT 2 DP 286530, NO. 1 SANDS COURT, GLENORIE

DECISION

The development application be approved subject to conditions in the report.

 LEP 2012 – Satisfactory.

 SEPP (BASIX) 2004 – Satisfactory.

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

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

 Section 7.12 Contribution: $7,000.

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The development application was notified and two (2) submissions were received. The issues raised were discussed in the report.

De

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PAGE 5 ITEM-4 DA 722/2019/HA - DEMOLITION OF AN EXISTING

DWELLING AND CONSTRUCTION OF AN ATTACHED DUAL OCCUPANCY - LOT 3 DP 249487, NO. 45 NARELLE AVENUE EAST CASTLE HILL

DECISION

The development application be approved subject to conditions in the report with Condition No. 1 being amended as follows:-

1. Development in Accordance with Submitted Plans (as amended)

The development being carried out in accordance with the approved plans and details submitted to Council, as amended in red, stamped and returned with this consent.

The amendments in red include:

- Rear alfresco area to be grassed and open to sky as per floor plan.

- T11 (a tree on a neighbouring property) is to be retained.

REFERENCED PLANS AND DOCUMENTS DRAWING

NO.

DESCRIPTION REVISION DATE

A03 Demolition Plan 01 16/10/2018

A04-1 Site Plan 00 06/06/2019

A04 Ground Floor Plan 07 31/05/2019

A10 First Floor Plan 05 31/05/2019

A11 Sections 06 31/05/2019

A12 Roof Plan 05 30/05/2019

A13 Elevations 04 18/05/2019

A20 Material Schedule 01 25/02/2019

DA-L101 Landscape Plan and Typical Details B 13/05/2019

DA-L102 Landscape Plan A 17/05/2019

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.

 LEP 2012 – Satisfactory.

 SEPP BASIX – Satisfactory.

 DCP Part B Section 3 – Dual Occupancy – Variation proposed, see report.

 Section 7.12 Contribution: $10,301.50

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PAGE 6 HOW 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 discussed in the report.

NB: A further submission was tabled and discussed at the meeting. Condition No. 1 was amended to make it clear that a tree on an adjoining property (T11) was to be retained.

END MINUTES De

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PAGE 7 ITEM-2 DA 1100/2019/LD - A TWO STOREY DWELLING - LOT 4

DP 226155, 6 KENT STREET, BAULKHAM HILLS THEME: Valuing our Surrounds

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: 9 JULY 2019

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: TOWN PLANNER

KATHERINE EASEY

RESPONSIBLE OFFICER: MANAGER – DEVELOPMENT ASSESSMENT PAUL OSBORNE

Applicant Clarendon Homes

Owner Mr. Daniel Abraham Jansen and Mrs. Andrea Jansen Exhibition / Notification 14 days

Number Advised Six Number of Submissions Two (2)

Zoning R2 Low Density Residential

Site Area 923m²

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

Section 4.15 (EP&A Act) – Satisfactory.

The Hills LEP 2012 – Satisfactory.

SEPP BASIX 2004 – Satisfactory.

DCP 2012 Part B Section 2 Residential – Variation proposed Section 7.12 Contribution: $7,077.24

Political Donation None Disclosed Reason for Referral to DAU 1. Variation to DCP

2. Three Submissions.

Recommendation Approval subject to conditions.

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PAGE 8 EXECUTIVE SUMMARY

The Development Application is for the construction of a two storey dwelling consisting of five (5) bedrooms and a triple garage.

The subject site is zoned R2 Low Density Residential under the provisions of The Hills Local Environment Plan 2012.

The development proposes a front setback of 7.411m which is a variation of 2.589m to the required 10m setback. The variation is considered satisfactory as it is compatible with the existing streetscape and is supported.

The application was notified to adjoining and surrounding properties and two submissions were received. The issues relate to overshadowing, solar access, visual privacy and building height.

The Development Application is recommended for approval subject to conditions.

BACKGROUND

The Development Application was lodged on 15 January 2019. The proposal was notified for 14 days and three submissions were received.

Following a preliminary assessment of the application, a letter was sent to the applicant on 4 February 2019 requesting additional information. The sill heights of bedroom 3 on the eastern elevation, and bedroom 4 on the western elevation were requested to be raised to 1.7m from the Finished Floor Level (FFL) or to be obscure glazed from the FFL to 1.7m to address the visual privacy concerns raised by the adjoining property owners. Amended stormwater plans were also requested, requiring that the proposed driveway be realigned to avoid a stormwater pit installed on the neighbouring property driveway approved under DA 749/2016/LA. One of the objectors also raised concerns regarding overshadowing and solar access and requested the submission of amended shadow diagrams.

Amended plans including shadow diagrams and stormwater plan were received on the 25 February 2019. A supplementary statement was also submitted by the applicant, addressing the sill heights of bedroom 3 and bedroom 4. Further amended plans were received on 9 April 2019.

PROPOSAL

The Development Application is for the construction of a two storey dwelling.

The ground floor includes a guest bedroom, home office, dining room, kitchen, laundry, bathroom, rumpus room, rear alfresco area and triple garage.

The first floor includes four bedrooms, a leisure room and two bathrooms.

The two storey dwelling is to be constructed with brick materials and with charcoal roof tiles and grey guttering.

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PAGE 9 ISSUES FOR CONSIDERATION

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

The land is zoned R2 Low Density Residential under Local Environment Plan 2012. The proposed two storey dwelling is permitted with consent in the R2 zone.

The maximum permitted height on the subject site is 9m. The maximum height of the proposed dwelling is 8.98m at the ridgeline and therefore complies.

(ii) Compliance with The Hills LEP 2012 – Zone Objectives

The site is zoned R2 Low Density Residential under the provisions of The Hills Local Environment Plan 2012. The objectives of the R2 zone are:

To provide for the housing needs of the community within a low density residential environment.

To enable other land uses that provide facilities or services to meet the day to day needs of residents.

To maintain the existing low density residential character of the area.

The proposal is consistent with the stated objectives of the zone, in that the proposal will provide for the housing needs of the community within a low density residential environment and maintains the existing low density residential character of the area.

2. Compliance with THDCP 2012 Part B, Section 2 – Residential

The proposed development achieves compliance with the relevant requirements of THDCP 2012, Part B Section 2 – Residential, with the exception of the following:

DEVELOPMENT CONTROL

DCP

REQUIREMENTS

PROPOSED DEVELOPMENT

COMPLIANCE a) Clause 2.14.1

Front Setback

(a) The minimum setback for any non- classified road is 10m.

(c) Where the

predominant setback pattern of the existing streetscape reflects setbacks which exceed the minimum, the greater setback suggested by the character created by three (3) adjoining dwellings either side of the proposed dwelling will apply.

The proposed front setback is 7.411m

No, however the variation is considered reasonable due to the merits of the proposal.

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PAGE 10 a) Front Setback

The DCP requires a minimum 10m front setback. However, where the predominant setback pattern of the existing streetscape reflects setbacks which exceed the minimum, the greater setback suggested by the character created by 3 adjoining dwellings will apply. The average front setback of 2, 4 and 8 Kent Street is 7.56m. The development proposes a front setback of 7.411m, a variation of 2.589m.

The relevant objectives of this clause of the DCP are:

To provide setbacks that complements the streetscape and protects the privacy and sunlight to adjacent dwellings in accordance with ESD Objective 7.

To ensure that new development is sensitive to the landscape setting, site constraints and established character of the street and locality.

To ensure that the appearance of new development is of a high visual quality and enhances the streetscape.

The applicant has provided the following justification for the proposed variation.

“Council’s policy requires both the front and garage setbacks to be a minimum of 10m or to be in keeping with the established streetscape. The proposed development provides a front setback of 7.411m and garage setback of 9.059m to the building line, requiring a variation.

The subject site is located within an established residential area with varied front setbacks throughout the streetscape. The proposed setbacks are considered to be in keeping with setbacks generally provided to new developments in the surrounding area. The articulation zone has not been utilised by the proposed development however the portico and articulation of the patio is located forward of the predominant setback in the streetscape.

Due to the square shaped nature of the allotment and the articulation provided, the development will be built within the vicinity of the existing house and its surrounding areas.

The variation of the garage is not anticipated to result in a dominant garage, with the increased setback from the dwelling and landscaping within the front setback proposed to minimise the impact of the garage on the streetscape. The proposed total width of the garage door equates to 28.964% of the dwelling façade. With the high degree of articulation provided to the front façade, this ensures the garage is not a dominant feature of the dwelling. Landscaping will be provided to ensure the amenity of the area is maintained.

Due to the high quality design and location of the site and dwelling, the front and garage setbacks are considered to meet the objectives of the respective controls despite the numerical non-compliance. It is thus requested that the variation be supported in this instance.”

Comment:

The proposed two storey dwelling does not comply with the required front setback control of 10m.

The existing dwellings in Kent Street have varying setbacks of 10m or less. Clause 2.14.1 (c) of THDCP 2012 stipulates that “Where the predominant setback pattern of the existing streetscape reflects setbacks which exceed the minimum, the greater setback suggested by

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PAGE 11 the character created by three (3) adjoining dwellings either side of the proposed dwelling will apply.” No’s. 2, 4 and 8 Kent Street provide a front setback of 8.4m, 7m and 7.1m respectively. It is considered that the proposal is consistent and compatible with the setback precedent provided by the neighbouring front setbacks and will not adversely impact upon the streetscape and surrounding locality.

The proposed variation is considered acceptable and is supported.

3. Issues Raised in Submissions

The proposal was exhibited and notified for 14 days. Two submissions were received during the notification period. The issues raised in the submissions are summarised below.

ISSUE/OBJECTION COMMENT The height of the building will not follow

the fall of the street or rooflines of existing dwellings.

The total height of the building at the ridge of the roof is 8.977m and complies with the height limit of 9m under Clause 4.3 of THLEP 2012.

The proposed front setback does not comply with the setbacks of the neighbouring properties.

As per Clause 2.14.1 (c) of THDCP 2012, the greater setback suggested by the character created by 3 adjoining dwellings will apply. No. 8 Kent Street has a setback of 7.1m, while No. 4 Kent Street has a setback of 7m, and No. 2 Kent Street provides a front setback of 8.4m. In this instance, the proposed setback of 7.411m is consistent with the setbacks of neighbouring properties, and therefore the non-compliance to the 10m front setback is considered supportable.

Further to this, the front building line of the proposed dwelling is articulated reducing the appearance of bulk and scale, and will not cause adverse impact on the existing streetscape and surrounding locality.

Overshadowing onto the neighbouring property at No. 4 Kent Street, along the western side of this property. This is where the living, dining and lounge room are located, with windows on this side.

Also raised concerns regarding a lack of solar access to the backyard, and alfresco located approx. 7m from the property boundary.

The objector requested the submission of additional shadow diagrams.

Additional shadow diagrams were submitted by the applicant, detailing the extent of overshadowing on the adjoining property. The shadow diagram details the shadows cast at 9am, 12pm, 1pm, 2pm and 3pm on June 21^st. No.4 Kent Street will be overshadowed from 1pm on onwards , however generous setbacks have been provided by the proposed dwelling with the double garage setback being 2.5m from the western side boundary. The majority of the ground floor is set back 6.7m from the western side boundary.

Clause 2.14.10 (a) requires that a minimum 50%

of the required private open space within the subject property and the adjoining properties are to receive direct sunlight for a minimum of 4 hours between 9am and 3pm on the 21^st of June.

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PAGE 12 ISSUE/OBJECTION COMMENT

The amended shadow diagram (refer to Attachment 5) shows that from 9am until 1pm at mid-winter solstice, the neighbouring property will receive the required 4 hours of solar access, with less than 50% of the site to be overshadowed.

Further, it is considered that the neighbour’s private open space will not be adversely impacted by any overshadowing.

Overlooking and privacy concerns from the Bedroom 4 window on the western elevation, onto No. 8 Kent Street.

Bedroom 4 located on the first floor of the western elevation is set back 12.9m from the western boundary and does not have a direct sight line to the neighbouring property at No. 8 Kent Street.

Accordingly, it will not unreasonably impact on the privacy of the adjoining private open space as bedroom 4 is considered a low traffic area. The bedroom 4 window is adequately set back from the adjoining dwellings, and no living areas including kitchens will be affected by the proposed windows.

4. Internal Referrals

The application was referred to Council’s Tree Management Officer and no objection is 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 2012 and The Hills Development Control Plan 2012. The variation proposed to the front setback is worthy of support in this instance, 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.

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PAGE 13 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 Development Application be approved subject to the following 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 DRAWING

NO.

DESCRIPTION SHEET REVISION DATE

29913351 Site Plan 2 1 9/04/2019

29913351 North Elevation, West Elevation 5 1 9/04/2019 29913351 South Elevation, East Elevation 6 1 9/04/2019

29913351 Section A-A 7 1 9/04/2019

29913351 Construction Management Plan, Erosion & Sediment Control Plan

21 1 9/04/2019

29913351 Ground Floor Plan 3 1 9/04/2019

29913351 First Floor Plan 4 1 9/04/2019

C8849-13351 Stormwater Layout 1 of 2 2 14/02/2019

C8849-13351 Stormwater Details 2 of 2 2 14/02/2019

180533 Landscape Plan 1 of 3 B 6/12/2018

180533 Plant List/Specifications 2 of 3 B 6/12/2019 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. 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.

3. 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

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PAGE 14 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.

4. 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 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.

5. 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 an Accredited Certifier.

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

6. Provision of Domestic Waste Storage Area(s)

A bin storage area sized for a minimum of 3 x 240 litre bins must be provided within the lot boundaries. Two areas are required where there is a secondary dwelling. The area(s) must be screened from view from public land and neighbouring residential property and are to be located behind the building line in the rear courtyard, side access path or a dedicated area in the garage. A flat or ramped bin transfer path must be provided leading directly from the bin storage area(s) to the approved bin collection point along the kerbside. The path must have a minimum clear floor width of 820mm, must not exceed a grade of 7% (1:14), be free of steps and must be external to the dwelling (excludes garage). An associated clear nature strip length of 1.66m must be dedicated along the kerbside for each dwelling for bin presentation. The dimensions of a 240 litre bin are 735mm deep, 580mm wide and 1080mm high.

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PAGE 15 7. Air Conditioner Location

The air-conditioning unit location is to be as shown on the approved plans or is to comply with the criteria of exempt development as outlined in the SEPP - Exempt & Complying Development Codes 2008.

You are reminded that the air conditioning must be designed so as not to operate:

(i) between 7am and 10pm — at a noise level that exceeds 5 dB(A) above the ambient background noise level measured at any property boundary, or

(ii) Between 10pm and 7am — at a noise level that is audible in habitable rooms of adjoining residences.

8. Tree Removal

Approval is granted for the removal of trees in accordance with Landscape Plan prepared by Dapple Designs Sheet 1 of 3 Reference LP 01 dated 11/11/18.

All other trees are to remain and are to be protected during all works. Suitable replacement trees are to be planted upon completion of construction.

9. Planting Requirements

All trees planted as part of the approved landscape plan are to be minimum 75 litre pot size.

All shrubs planted as part of the approved landscape plan are to be minimum 200mm pot size. Groundcovers are to be planted at 5/m².

Provide screen planting to rear boundary that will reach a minimum height of 2.5m at maturity . Screen planting to be planted at maximum 1m centres, minimum 25 litre pot size. Suggested species include the following;

Syzigium ‘Resilience’ (Lilly Pilly) Callistemon ‘Slim’ ( Red Bottlebrush) Viburnum odoratissimum (Viburnum) Grevillea ‘Marmalade’ (Spider Flower) Photinia robusta (Photiinia)

10. Replacement Planting Requirements

To maintain the treed environment of the Shire one (75 litres) replacement tree from the following list is to be planted elsewhere within the property.

Ceratopetalum gummiferum NSW Christmas Bush Elaeocarpus reticulatus Blueberry Ash

Tristaniopsis laurina Water Gum Lophostemon confertus Bush Box

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 11. Section 7.12 Contribution

Pursuant to section 4.17 (1) of the Environmental Planning and Assessment Act 1979, and The Hills Section 7.12 Contributions Plan, a contribution of $7,077.24 shall be paid to Council. This amount is to be adjusted at the time of the actual payment in accordance with the provisions of the Hills Section 7.12 Contributions Plan.

The contribution is to be paid prior to the issue of the Construction Certificate.

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PAGE 16 You are advised that the maximum percentage of the levy for development under section 7.12 of the Act having a proposed construction cost is within the range specified in the table below:

Proposed cost of the development Maximum percentage of the levy

Up to $100,000 Nil

$100,001 - $200,000 0.5 %

More than $200,000 1%

PRIOR TO WORK COMMENCING ON THE SITE 12. Protection of Existing Trees

The trees that are to be retained are to be protected during all works strictly in accordance with AS4970- 2009 Protection of Trees on Development Sites.

At a minimum a 1.8m high chain-wire fence is to be erected at least three (3) metres from the base of each tree and is to be in place prior to works commencing to restrict the following occurring:

Stockpiling of materials within the root protection zone, Placement of fill within the root protection zone, Parking of vehicles within the root protection zone, Compaction of soil within the root protection zone.

All areas within the root protection zone are to be mulched with composted leaf mulch to a depth of not less than 100mm.

A sign is to be erected indicating the trees are protected.

The installation of services within the root protection zone is not to be undertaken without prior consent from Council.

13. 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 Certifying Authority 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.

14. Trenching within Tree Protection Zone

Any trenching for installation of drainage, sewerage, irrigation or any other services shall not occur within the Tree Protection Zone of trees identified for retention without prior notification to Council (72 hours’ notice) or under supervision of a project arborist.

If supervision by a project arborist is selected, certification of supervision must be provided to the Certifying Authority within 14 days of completion of trenching works.

15. Management of Building Sites

The erection of suitable fencing or other measures to restrict public access to the site and building works, materials or equipment when the building work is not in progress or the site is otherwise unoccupied.

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PAGE 17 The erection of a sign, in a prominent position, stating that unauthorised entry to the site is not permitted and giving an after hours’ contact name and telephone number.

16. 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.

17. 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).

18. 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).

19. Details and Signage - Principal Contractor and Principal Certifying Authority Details

Prior to work commencing, submit to the Principal Certifying Authority (PCA) 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 PCA 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 – a) the name, address and phone number of the PCA for the work,

b) 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 20. 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.

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PAGE 18 21. Compliance with BASIX Certificate

Under clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a condition of this Development Consent that all commitments listed in BASIX Certificate No.981905S is to be complied with. Any subsequent version of this BASIX Certificate will supersede all previous versions of the certificate. A Section 4.55 Application may be required should the subsequent version of this BASIX Certificate necessitate design changes to the development. However, a Section 4.55 Application will be required for a BASIX Certificate with a new number.

22. 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;

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.

PRIOR TO ISSUE OF AN OCCUPATION AND/OR SUBDIVISION CERTIFICATE 23. Landscaping Prior to Issue of any Occupation Certificate

Landscaping of the site shall be carried out prior to issue of any Occupation Certificate (within each stage if applicable). The Landscaping shall be either certified to be in accordance with the approved plan by an Accredited Landscape Architect or be to the satisfaction of Council’s Manager Environment and Health. All landscaping is to be maintained at all times in accordance with THDCP 2012 Part C, Section 3 – Landscaping and the approved landscape plan.

ATTACHMENTS

1. Locality Plan 2. Aerial Photograph 3. Site Plan

4. Elevations (2 pages) 5. Shadow Diagrams 6. Landscape Plan

7. Schedule of Colours and Finishes

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PAGE 19 ATTACHMENT 1 – LOCALITY PLAN

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PAGE 20 ATTACHMENT 2 – AERIAL PHOTOGRAPH

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PAGE 21 ATTACHMENT 3 – SITE PLAN

12.9

7.411m

7.859m

6.7m

2.5m

Bedroom 4

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PAGE 22 ATTACHMENT 4 – ELEVATIONS

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PAGE 23

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PAGE 24 ATTACHMENT 5 – SHADOW DIAGRAM

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PAGE 25 ATTACHMENT 6 – LANDSCAPE PLAN

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PAGE 26 ATTACHMENT 7 –SCHEDULE OF COLOURS AND FINISHES

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PAGE 27 ITEM-3 DA 1213/2015/HB/A - SECTION 4.55 (AA)

MODIFICATION TO AN APPROVED THREE STOREY SHOP TOP HOUSING DEVELOPMENT - LOT 370 DP 238858, 40 MERINDAH ROAD BAULKHAM HILLS

THEME: Valuing our Surroundings

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: 9 JULY 2019

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR TOWN PLANNER

EAMON MURPHY

RESPONSIBLE OFFICER: MANAGER – DEVELOPMENT ASSESSMENT PAUL OSBORNE

Applicant Jasara Management Pty Ltd

Owner M40 Pty Ltd

Exhibition / Notification 14 days Number Advised 176 Number of Submissions Two (2)

Zoning B1 Neighbourhood Centre

Site Area 1,910m²

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

Section 4.15 (EP&A Act) – Satisfactory The Hills LEP 2012 – Satisfactory.

DCP 2012 Part B Section 6 – Satisfactory.

DCP 2012 Part C Section 1 – Satisfactory.

State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development - Satisfactory

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 – Satisfactory

Political Donation None Disclosed

Reason for Referral to DAU 1. Submissions received.

Recommendation Approval subject to conditions

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PAGE 28 EXECUTIVE SUMMARY

The Development Application is for a Section 4.56 modification of a Land and Environment Court approved three storey shop top housing development.

The original Development Application was for the demolition of a former petrol station and associated structures and construction of a three storey shop top housing development.

The subject site is zoned B1 Neighbourhood Centre under LEP 2012.

The application was notified and two submissions were received. The issues raised relate to parking, traffic congestion, deliveries, zoning, streetscape and character, and Building Code of Australia issues.

The Section 4.56 application is recommended for approval subject to conditions.

BACKGROUND

The original Development Application was refused on 28 July 2015 by Council’s Development Assessment Unit.

A Class 1 appeal was lodged with the Land and Environment Court (Proceedings No.

10534) and subsequently upheld by the Court, on 10 December 2015 subject to conditions.

The subject Section 4.56 Modification application was lodged on 4 March 2019.

Following a preliminary assessment of the proposed modifications, a letter was sent to the applicant on 8 May 2019 requesting amendments to the plans with respect to landscaping.

Amended plans were submitted on 23 May 2019 to address the matters raised.

Following a review of the amended plans it was determined that issues were still outstanding. A further email was sent on 14 June 2019 requesting the submission of the outstanding additional information.

Amended plans were submitted on 15 June 2019.

PROPOSAL

The Section 4.56 application is to modify a Land and Environment Court approved Shop Top Housing development granted under DA 1213/2015/HB on the subject site.

At the Construction Certificate stage, it was determined by the electricity supplier that a substation was required. The addition of a Fire Hydrant booster was also required to satisfy Building Code of Australia requirements.

The provision of a substation and a hydrant booster was not part of the Court approval. The proposed modification is to provide a substation with ancillary fencing and associated landscaping works including retaining walls along a portion of the Merindah Road frontage, and a Fire Hydrant booster within a walled semi-enclosure on the Mura Lane frontage, with significant landscaping to the rear of the wall. The wall is to be a 2 metre high ‘shield wall’

90/90/90 (FRL) fire rated structure.

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PAGE 29 The modifications will have minimal impact on the streetscape with the proposed substation to be adequately fenced with additional landscape works to minimise its impact to Merindah Road, and the Fire Hydrant booster enclosure on the Mura lane frontage to have associated landscaping on either side of the structure to soften any visual impacts, noting the approved three storey building will continue to adequately address its frontages.

The location of these services seeks to minimise the impact on the streetscape by providing sufficient landscape plantings, associated fencing with a decorative palisade finish and a booster wall enclosure to match the approved colours of the adjacent retaining walls and landscaped areas.

No modifications are proposed to the buildings or other components of the Court approved development.

ISSUES FOR CONSIDERATION

1. Compliance with Section 4.56 of the Environmental Planning & Assessment Act, 1979

The Section 4.56 Application is for a modification of a development consent granted by the Land and Environment Court.

A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the Court and subject to and in accordance with the regulations, modify the development consent if:

(a) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

(b) it has notified the application in accordance with:

(i) the regulations, if the regulations so require, and

(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(c) it has notified, or made reasonable attempts to notify, each person who made a submission in respect of the relevant development application of the proposed modification by sending written notice to the last address known to the consent authority of the objector or other person, and

(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

The proposed Section 4.56 modification seeks to amend the original approval by adding an electricity substation and a fire hydrant booster within the approved landscape area in the front setback to Merindah Road.

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PAGE 30 The proposed modifications result in a development that is considered to be substantially the same development as that originally approved by the Land and Environment Court. The Section 4.56 has been notified in accordance with the regulations and Section 3.2 of The Hills Shire Development Control Plan 2012. The submissions received during the notification period have been considered as part of the assessment of the proposal.

In this regard, the proposed modification is considered to satisfy Section 4.56 of the Environmental Planning and Assessment Act 1979.

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

The land is zoned B1 Neighbourhood Centre under The Hills Local Environmental Plan 2012.

Shop top housing is permissible with consent within the B1 Neighbourhood Shop zone.

The definition of Shop Top Housing in the LEP is:

“One or more dwellings located above ground floor retail premises or business premises”

The proposed modification to the Court approval is considered satisfactory.

(ii) Compliance with The Hills LEP 2012 – Zone Objectives

The site is zoned B1 Neighbourhood Centre under The Hills Local Environmental Plan 2012.

The objectives of the zone are:

To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.

To ensure the scale and type of development is compatible with the character and amenity of a neighbourhood centre.

To allow for residential development that contributes to the economic and social vitality of the neighbourhood centre and does not detract from the primary objective of the zone.

To promote commercial activities in locations that encourages walking and cycling to and from the neighbourhood centre.

The proposed modification to the court approved development remains consistent with the stated objectives of the zone.

(iii) The Hills LEP 2012 - Development Standards

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

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PAGE 31

CLAUSE REQUIRED PROVIDED COMPLIES

Height 9m No change to approved

height of 9m.

Yes Floor Space Ratio 1:1 No change to approved

FSR of 0.98:1.

Yes

3. Compliance with State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development & Apartment Design Guide.

The modification is to provide a substation and fire hydrant booster to comply with relevant servicing requirements, with the proposed changes having no impact on the approved shop top housing development. The modification does not result in any variation to the relevant requirements in SEPP 65 and Apartment Design Guide.

4. Compliance with The Hills Development Control Plan (DCP).

The modification is to provide a substation and fire hydrant booster to comply with relevant servicing requirements, with the proposed changes having no impact on the approved shop top housing development. The modifications do not alter the original proposal as previously assessed, and approved by the Land and Environment Court. In this regard the proposal is considered satisfactory with respect to the relevant DCP controls.

5. Issues Raised in Submissions

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

ISSUE/OBJECTION COMMENT Questions raised how the original

Development Application was approved without a fire hydrant booster by the Land and Environment Court if it was not compliant with the Building Code of Australia (BCA).

The Court determined the application subject to conditions requiring BCA compliance. The addition of a Fire Hydrant booster is to satisfy the BCA requirement.

Concern is raised that there is inadequate parking provided for the development.

The number of parking spaces has been approved in the original Court proceedings.

No changes are proposed to the approved parking provision with this modification application.

Concern is raised regarding access to parking area.

No changes are proposed to the parking or access to the parking area with this modification application.

Concern is raised about traffic congestion as a result of the development.

Traffic congestion was addressed as part of the original Development Application and Court proceedings. No increase in traffic would result from this modification.

Concern is raised regarding loading areas for commercial units on ground floor.

No changes are proposed to the approved loading areas.

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PAGE 32 ISSUE/OBJECTION COMMENT

Zoning is R2 Low Density Residential and this development will set precedence.

The subject site is zoned B1 Neighbourhood Centre under The Hills Local Environmental Plan 2012 and the development is permissible in this zone. The shop top housing development was approved by the Land and Environment Court.

6. Internal Referrals

The application was referred to following sections of Council:

Environmental Health Landscaping

No objection is raised to the proposal by Council’s Environmental Health officer. No additional or amended conditions are recommended.

No objection is raised to the proposal by Council’s Landscaping Assessment officer subject to conditions.

CONCLUSION

The proposed modification has been assessed against the relevant heads of consideration under Sections 4.56 and 4.15 of the Environmental Planning and Assessment Act, 1979, State Environmental Planning Policy No. 65 , The Hills Local Environmental Plan 2012 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

The Section 4.56 be approved subject to the following conditions of consent:

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PAGE 33 CONDITIONS OF CONSENT

1. Condition No.1 to be deleted and replaced as follows:

GENERAL MATTERS

1. Development in Accordance with Submitted Plans

The development being carried out in accordance with the approved plans and details stamped and returned with Development Consent No. 1213/2015/HB as amended by the following plans submitted with DA 1213/2015/HB/A, except where amended by other conditions of consent.

REFERENCED PLANS AND DOCUMENTS DRAWING

NO.

DESCRIPTION REVISION DATE

16066 CC 1-2 Landscape Plan (1) F 17/06/2019

16066 CC 2-2 Landscape Plan (2) F 17/06/2019

A300 Elevations East & West J 15/05/2019

A301 Elevations North & South H 15/05/2019

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. The addition of the following condition under PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

42a. Electricity Substation Easement

Endeavour Energy (or other relevant electricity provider) should be contacted regarding any requirements for the electricity substation and to create an easement for access to the substation.

3. The deletion of the following condition under PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

38. Resubmit Landscape Plan

The Landscape Plan, prepared by A Total Concept Landscape Architects & Swimming Pool Designers dated 4/12/15 (Drawing L/01), is to be resubmitted to the satisfaction of Council’s Manager - Environment and Health.

The plan must contain further landscaping details:

a) existing and proposed levels for retaining walls and stairs;

b) Full planting details including tree in pit design and product specifications, garden bed depths and planting depths.

c) Turf species to be used for nature strip.

d) Paving designs and specifications for all landscaped areas.

e) Irrigation plans or specifications.

f) Fencing and street furniture specification.

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PAGE 34 ATTACHMENTS

1. Locality Plan 2. Aerial Plan 3. Landscape Plan

4. Fire Hydrant Booster Enclosure Location 5. Electricity Substation Location 6. Elevations (North & South)

7. Elevations (West & East)

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PAGE 35 ATTACHMENT 1 – LOCALITY PLAN

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PAGE 36 ATTACHMENT 2 – AERIAL PLAN

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PAGE 37 ATTACHMENT 3 – LANDSCAPE PLAN

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PAGE 38 ATTACHMENT 4 – FIRE HYDRANT BOOSTER ENCLOSURE LOCATION

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PAGE 39 ATTACHMENT 5 – ELECTRICTY SUBSTATION LOCATION

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PAGE 40 ATTACHMENT 6 – ELEVATIONS (NORTH & SOUTH)

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PAGE 41 ATTACHMENT 7 – ELEVATIONS (WEST & EAST)