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. External fill on the north side of the house, adjacent to the garage, of approximately 1.1m. Therefore, if the subject allotment did not have a curved frontage due to the cul-de-sac nature of the road, the proposed dwelling would fully comply with the front setback requirements.
The application does not meet the DKP's front setback requirements, but the proposed setback meets the relevant objectives of the DKP. The proposal is for approximately 1.1m of external infill on the north side of the site adjacent to the garage. The proposed backfill is on the north side of the site where the land drops about 1m over a short distance.
View Loss Planning Principles
However, it should be noted that due to the Covid-19 pandemic, construction work, including construction and demolition, may be carried out on Saturdays, Sundays and public holidays in accordance with current state government legislation. This was initially introduced for 6 months in April 2020 and has been extended several times. However, it is expected that there may be a temporary increase in traffic and on-street parking during construction.
Waste and recycling bins will be provided to eliminate food and packaging waste from workers. A waste management plan was submitted with the application and a condition was recommended that addresses waste during the construction period from workers.
How iconic, significant and valued are the views in question, is it a whole or partial view and the actual distance to the place being viewed
Assess the reasonableness of the proposal that is causing the impact. If the development complies with all planning controls then this is considered more
Internal Referrals
CONCLUSION
Development in Accordance with Submitted Plans
No work (including excavation, land fill or earth reshaping) shall be undertaken prior to the
External Finishes
Vehicular Crossing Request
Minor Engineering Works
5. Construction Certificate
Building Work to be in Accordance with BCA
Air Conditioner Location
Adherence to Waste Management Plan
Management of Construction and/or Demolition Waste
10. Commencement of Domestic Waste Service
Earthworks (Cut and Fill)
Management of Building Sites
Consultation with Service Authorities
16. Approved Temporary Closet
Erosion and Sedimentation Controls
Stabilised Access Point
Details and Signage - Principal Contractor and Principal Certifier Details
Roof Water Drainage
Gutter and downpipes are to be provided and connected to an approved drainage system
Survey Report and Site Sketch
Compliance with BASIX Certificate
Critical Stage Inspections and Inspections Nominated by the Principal Certifier Section 6.6 of the Environmental Planning and Assessment Act 1979 requires critical stage
Landscaping Works
Dust Control
Maintenance of Landscaping Works
ATTACHMENTS
ATTACHMENT 1 – LOCALITY PLAN
ATTACHMENT 2 – AERIAL PHOTOGRAPH
ATTACHMENT 3 – SITE PLAN
ATTACHMENT 4 – ELEVATIONS
ATTACHMENT 5 – LANDSCAPE PLAN
ATTACHMENT 6 – EXTERNAL COLOUR AND MATERIAL SCHEDULE
EXECUTIVE SUMMARY
Compliance with SEPP (Affordable Rental Housing) 2009 The SEPP defines a secondary dwelling as follows
Division 2 of the SEPP provides the relevant controls for secondary dwellings. The following
- Height of
Enable the use of other lands that provide facilities or services to meet the daily needs of residents. The proposal is considered to be consistent with the stated objectives of the zone as the proposal will provide for the housing needs of the community and maintain the existing low density residential character of the area. The following addresses the main LEP development standards relevant to the proposal in question:.
Compliance with DCP Part B Section 2 Residential
No overlooking impacts will occur as the existing boundary fencing will suitably screen the
Issues Raised in Submissions
ISSUE/OBJECTION COMMENT
ISSUE/OBJECTION COMMENT
ISSUE/OBJECTION COMMENT
5. Internal Referrals
The proposed development is consistent with the planning principles, vision and objectives
- Tree Removal
- Replacement Planting Requirements
- Protection of Existing Vegetation
- Construction Certificate
- Demolition Notification
- Building Work to be in Accordance with BCA
- Air Conditioner Location
- Adherence to Waste Management Plan
- Management of Construction and/or Demolition Waste
Any excavated material that has not been used in the construction of the works in question must be removed from the site and may not be deposited in woodland areas under any circumstances. Plans submitted with the Construction Certificate must be amended to include the conditions of the Development Consent. All building work must be carried out in accordance with the provisions of the Building Code of Australia.
All requirements of the waste management plan submitted as part of the development application must be implemented, except where it conflicts with other consent conditions. Any material moved to another location must be transported in accordance with the requirements of the Protection of the Environment Operations Act 1997 and only to a place that can be legally used as a disposal facility. Receipts for all landfill/recycling must be kept on site at all times and presented in legible form to any authorized officer of the municipality who requests it.
House Numbering
PRIOR TO WORK COMMENCING ON THE SITE
Sydney Water Building Plan Approval
Tree Protection Fencing
Trenching and Excavation within Tree Protection Zone
16. Consultation with Service Authorities
Approved Temporary Closet
Erosion and Sedimentation Controls
Stabilised Access Point
Details and Signage - Principal Contractor and Principal Certifier Details
Demolition Works and Asbestos Management
Roof Water Drainage
Replacement Planting Prior to Issue of any Occupation Certificate
A copy of the purchase invoice and a photo of the planted trees is to be provided to the
ATTACHMENT 1 – LOCALITY PLAN
ATTACHMENT 2 – AERIAL MAP
ATTACHMENT 3 – SITE PLAN
ATTACHMENT 4 – ELEVATIONS
ITEM-4 DA 414/2020/HA/A – SECTION 4.55 (1A) MODIFICATION
Reason for Referral to DAU 1. Submissions received
BACKGROUND
Section 4.55(1A) Modification of the Environmental Planning and Assessment Act, 1979
Under the provisions of Section 4.55(1A) of the Spatial Planning and Assessment Act, 1979, a permitting body may, in response to an application, amend the permit if it is satisfied that the proposed amendment will have minimal impact on the environment and substantially the same development as originally approved. The scope of the application has been reduced to minor internal and external changes to windows, finishes, the removal of an awning and the addition of a ventilation duct. While some variations have been approved under the original consent, the present proposal contains no further changes to the 2017 SEPP (Educational Establishments and Child Care Facilities), The Hills LEP or DCP controls.
The proposed change is considered to be essentially the same development as approved as the changes to the nursery are minor in nature to ensure compliance with the Building Code of Australia and relevant Australian standards. The proposed amendment therefore complies with the provisions of Article 4.55, paragraph 1, A of the Environment and Planning Act 1979.
The following addresses the principal development standards of the LEP relevant to the
Compliance with SEPP (Educational Establishments and Child Care Centres) 2017
Compliance with State Environmental Planning Policy No. 55 – Remediation of Land
No changes are proposed to the approved hours of operation which are approved from 07:00 to 19:00. ii) Part 4 Implementation of National Regulations for development proposals. The guide includes descriptions of specific regulations that apply to indoor and outdoor physical environments, includes an example of best practice and a national quality framework assessment checklist. The proposed modification does not change the approved indoor unladen play space of 428m² and the unladen outdoor space of 778m², which meet the requirements of the National Regulations for 110 children.
The proposal complies with the provisions under the Childcare Planning Guideline in relation to Parts 2, 3 and 4 of the Guideline and therefore complies with Clause 23 of the SEPP. The report concludes that given that the basement excavation spans most of the site, the potential for exposure to contaminants in soil is low and that the site is suitable for the proposed childcare use.
The Hills Development Control Plan
Issues Raised in Submissions
An assessment of appropriate visual and acoustic amenity provisions was carried out in accordance with childcare planning guidelines. An updated acoustic impact statement was submitted with the application and the Council's Environmental Health Department reviewed the proposal. It is considered that the concerns expressed in the applications do not justify an alternative design or rejection of the application.
Internal Referrals
FIRE SAFETY
1. Condition 1 be deleted and replaced as follows
No work (including excavation, land fill or earth reshaping) shall be undertaken prior to the
Security Bond – Road Pavement and Public Asset Protection
ATTACHMENT 1 – LOCALITY PLAN
ATTACHMENT 2 – AERIAL MAP
ATTACHMENT 3 – LEP 2019 ZONING MAP
ATTACHMENT 4 – LEP 2019 HEIGHT OF BUILDINGS MAP
ATTACHMENT 5 – SITE PLAN
ATTACHMENT 6 – APPROVED FLOOR PLANS
GROUND LEVEL FLOOR PLAN
ROOF PLAN
ATTACHMENT 7 – PROPOSED FLOOR PLAN
ATTACHMENT 8 – APPROVED ELEVATIONS
ATTACHMENT 9 – PROPOSED ELEVATIONS
ATTACHMENT 10 – APPROVED LANDSCAPE PLAN
ATTACHMENT 11 – APPROVED EXTERNAL FINISHES SCHEDULE
ATTACHMENT 12 – APPROVED PERSPECTIVES
ATTACHMENT 13 – LOCAL PLANNING PANEL NOTICE OF DETERMINATION
Division 8.2 of the Environmental Planning and Assessment Act, 1979
Pursuant to subclause 8.3(3), the application has been amended to reduce the floor area of the garage. The proposal was assessed against the provisions of The Hills Development Control Plan (THDCP), in particular:-. The proposed development achieves compliance with the relevant requirements of the above Development Controls with the exception of the following:.
It is noted that the new garage has been designed to be low impact and to fit into the context of the area. It is recommended that the Board assess the non-compliance on its merits as this will achieve the results of the audit.”. It is believed that the proposed rear setback will not unreasonably affect the privacy, solar access, views and environmental friendliness of the neighborhood and surrounding locality.
SIDE 121 meters located at the front of the proposed garage along the easterly setback extending 1 meter behind the front building line of the garage. On the eastern elevation adjoining Bush Paddock Drive no. 3, no windows are provided and therefore the impact of the proposed garage on privacy and views is considered to be negligible. A single-story garage is sensitive to site constraints and the desired future character of the street and site.
The proposed development is consistent with the existing streetscape, which consists mainly of two-storey dwellings, and does not adversely affect the environmental amenity of the site. Based on the above, it is considered acceptable to change the rear backrest in this case. Additional landscaped containment has been proposed including Lilly Pilly protection to a mature height of 5 meters located at the front of the proposed garage along the eastern setback extending 1 meter behind the front building line of the garage.
Given the above, a change in landscape area is considered satisfactory in this case.
Internal Referrals Engineering
No work (including excavation, earth filling or soil transformation) may be carried out before the Building Certificate is issued, where a Building Certificate is required. External finishes and colors must be in accordance with the details submitted with the development application and approved with this consent.
Construction Certificate
Reflective Qualities
Building Work to be in Accordance with BCA
Vehicular Crossing Request
Adherence to Waste Management Plan
Management of Construction and/or Demolition Waste
PAGE 125 Waste materials must always be stored and secured within a designated on-site waste area before being recycled on-site or sent away. This includes waste materials such as paper and containers that must not litter the grounds or leave the site on neighboring public or private property. A separate dedicated receptacle shall be provided on site by the Builder for disposal of waste materials such as paper, containers and food scraps generated by all workers.
It is not allowed to place construction waste containers on public land, unless a separate application has been approved by the municipality to place a construction waste container in a public place. The separation and recycling of the following waste materials is mandatory: metals, wood, masonry products and clean waste plasterboard. This can be done by source separation on location, i.e. a bin for metal waste, a bin for wood, a bin for bricks and so on.
Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square meters or more of asbestos sheeting) must provide information to EPA NSW about the movement of waste using their online reporting tool WasteLocate www. wastelocate.epa.nsw.gov .au. A building plan approval must be obtained from Sydney Water Tap in™ to ensure that the approved development will not impact on Sydney Water's infrastructure. A copy of the building plan approval and receipt from Sydney Water Tap in™ (if not already provided) must be submitted to the Lead Certifier on request prior to commencing works.
Visit the website http://www.sydneywater.com.au/tapin/index.htm, Sydney Water Tap in™ or call 13 20 92.
Consultation with Service Authorities
Approved Temporary Closet
Erosion and Sedimentation Controls
Stabilised Access Point
PAGE 126 be in accordance with the requirements with the details approved by Council and/or as directed by Council officers. These requirements must be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).
Details and Signage - Principal Contractor and Principal Certifier Details
Survey Report and Site Sketch
Critical Stage Inspections and Inspections Nominated by the Principal Certifier Section 6.6 of the Environmental Planning and Assessment Act 1979 requires critical stage
Roof Water Drainage
PAGE 127 Gutter and downspout and/or rainwater tank overflow to be provided and connected to an approved legal outlet (ie curb, inter-lot drainage easement or OSD) after roofing is installed.
Dust Control
Retaining Walls
