ASSESSMENT UNIT

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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 17 August 2021

T O ST R IV E F O R B E T T ER T H IN G S

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DEVELOPMENT ASSESSMENT UNIT MEETING 17 AUGUST, 2021

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES

ITEM-2 DA 924/2021/ZE - SMALL LOT HOUSING

DEVELOPMENT AND SUBDIVISION CREATING TWO RESIDENTIAL LOTS/ DWELLINGS - LOT 67 DP 1233988, 2 HOLLINDALE STREET, BOX HILL

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PAGE 3 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 27 JULY 2021

PRESENT (ITEMS 1 – 3)

Cameron McKenzie Group Manager – Development & Compliance (Chair) Ben Hawkins Manager – Subdivision & Development Certification Angelo Berios Manager – Environment & Health

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

Kristine McKenzie Principal Coordinator – Development Assessment PRESENT (ITEM 4)

David Reynolds Group Manager

Shire Strategy Transformation & Solutions (Chair) Cynthia Dugan Principal Coordinator – Development Assessment Megan Munari Principal Coordinator – Forward Planning

Craig Hopfe Principal Coordinator-Subdivision & Release Areas Amanda Burke Principal Coordinator Development Monitoring Daniel Giffney Coordinator - Environmental Health

APOLOGIES NIL

CIRCULATED ELECTRONICALLY

ITEM-1 CONFIRMATION OF MINUTES RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 13 July 2021 be confirmed.

ITEM-2 DA 1290/2020/HA - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF THREE DWELLINGS AND TORRENS TITLE SUBDIVISION - LOT 14 DP 227212, NO. 75 OLD CASTLE HILL ROAD, CASTLE HILL

PUBLIC NOTIFICATION OF THE DETERMINATION PURSUANT TO ITEM 20(2)(c) AND (d) OF SCHEDULE 1 OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979

DECISION

The Development Application was approved subject to the conditions outlined in the report.

REASONS FOR THE DECISION

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

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PAGE 4

• The Hills LEP 2019 – Satisfactory.

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

• DCP Part B Section 2 – Residential - Variation, see report.

• DCP Part D Section 5 – Kellyville Rouse Hill Release Area – Variations, see report.

• DCP Part C Section 1 – Parking – Satisfactory.

• DCP Part C Section 3 – Landscaping – Satisfactory.

• DCP Part B Section 9 – Small Lot Housing – Variations, see report.

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION Notification letters were issued to adjoining properties over 14 days. Nine submissions were received. The issues raised in the submissions have been addressed in the report and do not warrant refusal of the application.

ITEM-3 DA 1405/2021/HA – EXTENSION TO OPERATING HOURS (24 HOUR OPERATION) TO AN EXISTING FAST FOOD RESTAURANT - LOT 2 DP 285955, 1/1 RESOLUTION PLACE, ROUSE HILL

DECISION

The Development Application was approved subject to the conditions outlined in the report.

• The Hills LEP 2019 – Satisfactory.

• DCP Part B Section 6 – Business – Satisfactory.

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION Notification letters were issued to adjoining properties over 14 days. Four submissions were received. The issues raised in the submissions have been addressed in the report and do not warrant refusal of the application.

ITEM-4 DA 1124/2020/HA/A – DIVISION 8.2 REVIEW OF DETERMINATION FOR THE OCCUPATION AND FITOUT OF SHOP 10 FOR A RESTAURANT AND ASSOCIATED SIGNAGE - LOT 8 SP 93305, TENANCY 10/21 HEZLETT ROAD, NORTH KELLYVILLE

DECISION

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PAGE 5 The Development Application was approved subject to the conditions outlined in the report with the addition of the following condition:

27. No outdoor seating/dining on the terrace areas

Outdoor seating/dining is not approved under the subject application. A separate Development Application for outdoor seating/dining is required to be lodged to assess acoustic amenity impacts to nearby residents as well as parking sufficiency.

• SEPP (Sydney Region Growth Centres) 2006 – Satisfactory.

• SEPP No. 64 Advertising and Signage – Satisfactory.

• North Kellyville Precinct Development Control Plan 2018 – Satisfactory

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION Notification letters were issued to adjoining properties over 14 days. No submissions were received.

END MINUTES

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ITEM-2 DA 924/2021/ZE - SMALL LOT HOUSING

DEVELOPMENT AND SUBDIVISION CREATING TWO RESIDENTIAL LOTS/ DWELLINGS - LOT 67 DP 1233988, 2 HOLLINDALE STREET, BOX HILL

THEME: Shaping Growth

OUTCOME: Well planned and liveable neighbourhoods that meets growth targets and maintains amenity.

STRATEGY: Manage new and existing development with a robust framework of policies, plans and processes that is in accordance with community needs and expectations.

MEETING DATE: 17 AUGUST 2021

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR TOWN PLANNER

JACOB KINER

RESPONSIBLE OFFICER: MANAGER – SUBDIVISION AND DEVELOPMENT CERTIFICATION

BEN HAWKINS

Applicant Universal Property Group Notification 21 days

Number Advised Eight

Number of Submissions Six submissions

Zoning R2 Low Density Residential

Site Area 503.2m²

List of all relevant

s4.15(1)(a) matters Section 4.15 (EP&A Act 1979) – Satisfactory

SEPP Growth Centres 2006 – Appendix 11 The Hills Growth Centre Precincts Plan – Satisfactory

SEPP BASIX 2004 – Satisfactory

SEPP 55 – Remediation of Land – Satisfactory

Draft North West Land Use Infrastructure Implementation Plan – Satisfactory

Box Hill Growth Centre Precincts DCP – Variation sought Political Donation None Disclosed

Reason for Referral to DAU 1. Variation to DCP proposed 2. Six submissions received Recommendation Approval subject to conditions.

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PAGE 7 EXECUTIVE SUMMARY

The development application is for a small lot housing development and subdivision creating two residential lots including a detached dwelling house on each proposed lot. The subject site is zoned R2 Low Density Residential under State Environmental Planning Policy (Sydney Region Growth Centres) 2006 – Appendix 11 The Hills Growth Centre Precincts Plan. The Box Hill Growth Centre Precincts Development Control Plan also applies to the site/ development. The development application includes a variation to the Box Hill Growth Centre Precincts Development Control Plan relating to upper level window locations for the dwelling on proposed lot 671.

The development application was notified between 14 January 2021 and 2 February 2021 and six submissions from the owners and/ or occupants of five nearby properties were received. The issues raised in those submissions primarily relate to minimum lot sizes, lot orientation, dwelling setbacks, increased traffic/ loss of parking, fencing and landscaping.

The plans have been amended addressing some of those concerns whilst the remaining concerns are addressed in this report.

The development application is recommended for approval subject to conditions as included below.

BACKGROUND

The subject site was created as part of a subdivision approved by Development Consent 735/2016/ZB over 57 Terry Road, Box Hill. The parent subdivision has been completed and all lots registered. Contamination remediation was undertaken as part of the parent subdivision work making the site suitable for residential use.

The development application was lodged on 22 December 2020. Following a preliminary assessment a request for additional information was issued on 18 January 2021. The applicant was requested to provide additional information and amended plans addressing the following.

• The proposed dwellings had not demonstrated compliance with the required 5.5m front building setback as per the Box Hill Growth Centre Precincts Development Control Plan (DCP).

• Clause 4.1B of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 – Appendix 11 The Hills Growth Centre Precincts Plan (SEPP) which requires subdivisions to demonstrate compliance with the residential density target had not been addressed.

• Clarification was to be provided as to how the proposed earthworks were being contained.

• The retaining wall located between the proposed lots appeared to straddle the lot boundary and was to be amended to be located entirely within the high side lot.

• The retaining wall proposed along the George Street frontage of lot 671 conflicted with the main residential entry and was to be removed.

• Each lot/ dwelling was to provide at least on tree per lot and the landscape plan was to be amended to reflect this.

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PAGE 8 Further additional information was requested on 28 January 2021 relating to engineering matters. The applicant was requested to provide driveway sections, clarify surrounding earthworks and demonstrate how each lot could legally drain stormwater.

Further additional information still was requested on 16 February 2021 relating to landscaping requirements.

On 31 March 2021 the applicant submitted a response to the additional information requested. The response included amended architectural plans and supporting documentation. Following review of the response; it was noted that several outstanding matters had not been addressed including the stormwater and landscaping issues. The applicant was requested to address the outstanding matters on 1 April 2021. Amended architectural plans, landscape plan, stormwater plan, subdivision plan and supporting documents were submitted on 3 May 2021.

PROPOSAL

The development application is for a small lot housing development and subdivision creating two residential lots and a detached dwelling house on each proposed lot. The development application seeks to create two lots that are 250.4m² (proposed lot 671) and 252.8m² (proposed lot 672) in size. Both lots are orientated to face George Street. Each lot created includes the construction of a detached two storey dwelling house.

THE SITE

The subject site is formally known as Lot 67 DP 1233988 and is 503.2m². The lot is generally regular in shape except for the corner splay at the intersection between Hollindale Street/ George Street. The existing lot when viewed from George Street has a depth of 17.41 metres and width of 26.22 metres. The surrounding locality is also zoned R2 Low Density Residential with a mix of new dwellings and vacant lots present around the site.

The site slopes generally from south-west to north-east with the Hollindale Street frontage/

boundary being the lowest point of the site. A padmount substation is located on the north- east portion of the site facing Hollindale Street.

ISSUES FOR CONSIDERATION

1. State Environmental Planning Policy 55 – Remediation of Land

State Environmental Planning Policy 55 – Remediation of Land contains guidelines and prescriptive measures with regard to site contamination and remediation requirements for all land-based development across the State. In considering a development application for new development, the consent authority is to have regard for the prescriptive requirements of Clause 7 provided below:

(1) A consent authority must not consent to the carrying out of any development on land unless:

(a) it has considered whether the land is contaminated, and

(b) if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

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PAGE 9 (c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

The contamination status of the site was considered under the parent subdivision approved by Development Consent 735/2016/ZB referred to earlier. The site was remediated under that previous approval and that work has been confirmed completed. The site is considered to be suitable for the proposed residential use.

2. State Environmental Planning Policy (Sydney Region Growth Centres) 2006 – Appendix 11 The Hills Growth Centre Precincts Plan

(i) Permissibility

The subject site is zoned R2 Low Density Residential under the SEPP. Clause 2.6 of the SEPP states that land to which the precinct plan applies may be subdivided with consent.

The application is seeking approval for a small lot housing development encompassing subdivision and dwelling houses. The definition of a dwelling house under the SEPP is as follows:

Dwelling house means a building containing only one dwelling

The subject proposal includes the Torrens/ conventional title subdivision of the existing lot creating two residential lots for which one dwelling will be located on each resultant lot.

The proposal is consistent with the definition under the SEPP.

(ii) Zone Objectives

The subject site is zoned R2 Low Density Residential under the SEPP. The objectives of the 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 allow people to carry out a reasonable range of activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours.

• To support the well-being of the community, by enabling educational, recreational, community, religious and other activities where compatible with the amenity of a low density residential environment.

The proposal is considered to be consistent with the stated objectives in that the proposal will provide additional housing opportunities in the low density residential environment.

(iii) Minimum Lot Size

Clause 4.1 establishes the minimum lot size applying to the site in conjunction with the associated lot size map. There is no minimum lot size applying to the site/ development.

However, Clause 4.1A establishes minimum lot sizes for residential development within the R2, R3 and R4 zones. As per Clause 4.1A(3), the minimum lot size for a dwelling house is 300m²if the dwelling density (per hectare) shown on the Residential Density Map in relation

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PAGE 10 to the land is 15, 18 or 30. The subject site is identified as having a minimum density of 15 dwellings per hectare; however the proposed development seeks to create two lots that are 250.4m² and 252.8m²in area and does not meet the requirements of Clause 4.1A. Clause 4.1AC stipulates exceptions to minimum lot sizes for dwelling houses. Specifically Clause 4.1AC(2) states:

Despite Clause 4.1A (3), development consent may be granted to the erection of a dwelling house on a lot to which this clause applies if—

(a) the lot results from a subdivision to which development consent has been granted in accordance with clause 4.1AA and, in determining the development application for the erection of the dwelling house, the consent authority considers any information that it considered for the purposes of that clause in determining the development application for that subdivision, or

(b) the development application is a single development application for development consisting of both of the following—

(i) the subdivision of land into 2 or more lots,

(ii) the erection of the dwelling house on one of the lots resulting from the subdivision.

The proposal is consistent with Clause 4.1AC(2)(b) in that it is seeking the subdivision of land into two lots and includes the erection of a dwelling house on each proposed lot. Under Clause 4.1AC residential lots can be under 300m²but no less than 250m²in accordance with Clause 4.1AA. The proposed development therefore complies with the minimum lot size as stipulated under Clause 4.1AC of the SEPP.

(iv) Residential Density

Clause 4.1B of the SEPP establishes minimum density requirements for residential development within precinct. The objective of the minimum residential density control is to ensure that residential development makes efficient use of land and infrastructure, contributes to the availability of new housing and ensures that the scale of residential development is compatible with the character of the precincts and adjoining land. The subject site has a residential density target of 15 dwellings per hectare in relation to the land as stipulated with the associated Residential Density Map.

Under the parent subdivision a total of 45 residential lots were created over a net developable area of 2.37 hectares; resulting in a residential density of 18.98 dwellings per hectare. When considering the additional lot created under the subject development application with respect to the parent subdivision and subsequent small lot housing approvals on other lots within the development a total of 47 lots will exist over a net developable area of 2.37 hectares. This results in a residential density of 19.83 dwellings per hectare. The proposal therefore complies with Clause 4.1B of the SEPP.

(v) Height of Buildings

Clause 4.3 of the SEPP establishes the maximum height of building on land within the precinct. The objective of the maximum building height control is to minimise visual impact and protect the amenity of adjoining development and land in terms of solar access to buildings and open space. Clause 4.3 establishes a maximum building height of 8.5 metres in relation to the subject site.

The proposed dwellings have a maximum building height of approximately 7.6m. The proposal therefore complies with respect to Clause 4.3.

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PAGE 11 3. Draft North West Land Use Infrastructure Implementation Plan

On 22 May 2017 the Department of Planning, Infrastructure and Environment released the draft North West Land Use and Infrastructure Implementation Plan. In addition to a new growth centres structure plan and an infrastructure schedule the package proposes amendments to the SEPP and DCP. The proposed changes include the introduction of density bands (rather than only a minimum density) and reinstatement of minimum lot sizes for all residential areas (removed as part of the 2014 Housing Diversity changes).

The subject site will be affected by the replacement of the minimum density provision with a density band. Areas that are identified under Clause 4.1B as having a density of 15 dwellings per hectare applying to the site are replaced with a residential density band of 15 to 20 dwellings per hectare So a minimum density of 15 dwellings per hectare and a maximum density of 20 dwellings per hectare.

The development application will result in a residential density of 19.83 dwellings per hectare as above. The residential density created from the proposed development is therefore consistent with the proposed density bands and provisions of the draft SEPP.

4. Box Hill Growth Centre Precincts Development Control Plan

The development application has been assessed against the provisions of the DCP. The application complies with the DCP with the exception of the following.

DEVELOPMENT

CONTROL DCP

REQUIREMENTS PROPOSED

DEVELOPMENT COMPLIANCE 4.2.9 – Visual and

Acoustic Privacy (2) Habitable room windows with a direct sightline to the habitable room windows in an adjacent dwelling within 9 metres are to:

• be obscured by fencing, screens or appropriate landscaping; or

• be offset from the edge of one window to the edge of the other by a distance sufficient to limit views into the adjacent window;

or

• have a sill height of 1.7 metres above floor level;

Window SW1221 for unit 67.1 on lot 671 is located at the rear of the second storey and services an

upstairs living/

rumpus area. Several

windows are proposed on the sides of both dwellings; however are located within bedrooms which are not considered to be habitable rooms.

No – see below

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PAGE 12 DEVELOPMENT

CONTROL DCP

REQUIREMENTS PROPOSED

DEVELOPMENT COMPLIANCE or

• have fixed

obscure glazing in any part of the window below 1.7 metres above floor level; or

• Second storey windows on side elevations are only to be located at the rear or front of the dwelling.

Comments

Visual and Acoustic Privacy

The proposed dwelling on lot 671 (unit 67.1) incorporates a window located in the centre of rear side of the dwelling on the second storey. The window is situated within an upstairs living/ rumpus area that is considered to be a habitable room. It is noted that the adjoining property to the north has an existing single storey dwelling and the proposed window may create potential privacy issues due to overlooking into the side and rear setbacks of the adjoining lot.

In order to reduce any potential privacy issues, a condition of consent has been imposed requiring the subject window to be amended to a highlight window with a minimum sill height of 1.7 metres above floor level. The amendment to a highlight window will help alleviate privacy/ overlooking issues whilst maintain solar access to the habitable room of the dwelling (refer to Condition 1 below).

The DCP also includes controls relating to the orientation of corner lots/ dwellings which is considered below.

DEVELOPMENT

CONTROL DCP

REQUIREMENTS COMMENT 3.1.4 Corner Lots (2) Corner lots are to

be designed to allow dwellings positively address both street frontages as indicated in Figure 11.

The proposed development has both dwellings fronting George Street. Figure 11 within the DCP provides examples of how corner lots may be orientated, with one of the examples illustrating a corner lot which has the garage/ frontage and main residential entry on the same frontage. Proposed lot 671 is consistent with Figure 11 in this regard.

The proposed dwelling on lot 671 is able to positively address Hollindale Street

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PAGE 13 DEVELOPMENT

CONTROL DCP

REQUIREMENTS COMMENT

through the incorporation of windows on the side of the dwelling to offer passive surveillance. Landscape hedging extending from the front boundary along the secondary frontage also enhances the streetscape along Hollindale Street.

3.1.4 Corner Lots (3) Garages on corner lots are encouraged to be accessed from the secondary street or a rear lane.

The subject application proposes two dwelling houses with both entrances and garages oriented towards George Street.

Whilst the DCP encourages corner lots to be accessed from the secondary street the most suitable outcome of this development is to orient both garages and entry points towards George Street. Due to the lot depth and shape and existing padmount substation proposed lot 671 would not be able to provide for a garage with complying front and rear setbacks if it was orientated towards Hollindale Street sufficiently clear of the padmount substation and intersection with George Street. The garage fronting George Street is able to comply with all DCP controls and Australian Standards relating to property access. The garage location is therefore considered acceptable for the reasons above.

5. Issues Raised in Submissions

The development application was notified between 14 January 2021 and 2 February 2021 and six submissions from the owners and/ or occupants of five nearby properties were received. The issues raised in the submissions are summarised below.

ISSUE/ OBJECTION COMMENT

Concern was raised that the lots were too small for the proposed development and did not meet the minimum lot size controls.

The development proposes lots that are 250.4m² and 252.8m² in area. As discussed earlier in this report the proposed lots meet the minimum lot size and are compliant with respect to Clause 4.1AC of the SEPP; which permits lots to be no less than 250m² in area within the R2 zone where the development consists of the subdivision of land into two or more lots and include the erections of a dwelling house on the lots resulting from the subdivision.

Concern was raised that the proposed

dwellings did not meet the setback controls It is noted that the initial plans submitted had several non-compliant setbacks, particularly

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PAGE 14

stipulated in the DCP.

Several submission raised concern with the garage and secondary setbacks.

the garage setback for both dwellings. During the assessment process, Council staff raised concern with regards to the setbacks and the plans have been amended to comply with the relevant setback controls outlined within the DCP.

Specifically, both dwellings provide a 5.5m setback to the garage which will allow a vehicle to be parked entirely within the lot and not impede on the pedestrian footpath in George Street.

The proposed dwelling on lot 671 (which is the corner lot) provides a 2m secondary boundary setback that is in accordance with the DCP.

Concern was raised that the subdivision did not address both streets.

One submission raised concern that the dwellings/ subdivision did not address both frontages, whilst another submission raised concern that both lots should face the same street (so driveways on the same street).

The proposed development has both dwellings fronting George Street. Figure 11 within the DCP provides examples of how corner lots may be orientated, with one of the examples illustrating a corner lot which has the garage/

frontage and main residential entry on the same frontage. The design of the dwelling on proposed lot 671 is consistent with Figure 11 in this regard.

Control 4.2.2 (2) suggests that corner lot development should emphasise the corner by incorporating design features into the dwellings. The proposed dwelling on lot 671 incorporates architectural features such as windows and suitable landscaping that will positively address the secondary frontage to Hollindale Street.

If the proposed subdivision were to have one lot fronting George Street and the other fronting Hollindale Street it would pose design constraints on the dwellings due to the existing padmount substation and engineering specifications such as AS/ NZS 2890.1 which guide driveway locations specifically with respect to proximity to intersections. The proposed layout is considered the most suitable for the site in this instance.

Concern was raised that the proposed development would increase congestion in the area and reduce amount of on-street parking available.

Both proposed dwellings provide two off-street car parking spaces in accordance with the DCP. The street network for this area and Box Hill more broadly has been designed to cater for increased traffic flows resulting from the

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PAGE 15

increased density.

Concern was raised that the proposed development did not conform to the character of the neighbourhood.

Dwelling houses are permitted within the R2 Low Density Residential zone under the land use table of the SEPP. The development proposes the subdivision of the existing lot into two lots and includes the erection of a two- storey dwelling house on each lot. This development is consistent with the broader locality in that is similar to other two-storey dwellings nearby and achieves the objectives of the R2 Low Density Residential zone.

Concern was raised with regards to the length of the proposed fencing along the secondary boundary/ frontage.

The initial application/ plans proposed fencing along the George Street frontage of lot 671 (the corner lot). Council staff raised concern with regards to the length of the proposed fencing during the assessment process and the plans were amended to remove fencing along this boundary. Instead, secondary frontage fencing is proposed along the Hollindale Street frontage and does not exceed 1.8m high for more than one third of the boundary length. The fencing is not considered to detract from the streetscape.

Concern was raised that the proposed development did not consider the existing street trees and would impact on said trees.

Council staff raised concern surrounding the existing street trees during the assessment process. The applicant has annotated the existing street trees on the landscape plan and these trees will not be removed/ impacted as part of the proposed development.

6. Internal Referrals

The development application was referred to following sections within Council.

• Engineering

• Certification/ Building

• Resource Recovery

• Landscape Management

No objection was raised to the proposed development subject to conditions as recommended below.

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, State Environmental Planning Policy (Sydney Region Growth Centres) 2006 – Appendix 11 The Hills Growth Centre Precincts Plan and the Box Hill Growth Centre Precincts

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PAGE 16 Development Control Plan and is considered satisfactory notwithstanding the variation proposed to the latter. The concerns raised in the submissions have been addressed by way of conditions of consent, amended plans or in the report and do not warrant further amendment or 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 development application to be approved subject to the following conditions.

GENERAL MATTERS 1. Approved Plan

The development must be carried out in accordance with the approved plans and other supporting documentation listed below, except where amended by other conditions of consent:

Drawing: Description: Prepared: Sheet: Revision: Date:

8322-67 Plan of

Subdivision of Lot 67 in DP 1233988

Victoria

Tester 1 B 08/04/2021

LOT 67 Site Plan The Bathla Group Pty Ltd

A.02 D 28/03/2021

LOT 67 Ground Floor

Plan The Bathla

Group Pty Ltd

A.03 D 28/03/2021

LOT 67 First Floor

Plan The Bathla

Group Pty Ltd

A.04 D 28/03/2021

LOT 67 Elevations 01 The Bathla Group Pty Ltd

A.05 D 28/03/2021

LOT 67 Elevations 02 The Bathla

Group Pty A.06 D 28/03/2021

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PAGE 17 Ltd

LOT 67 Window Schedule and Sections

The Bathla Group Pty Ltd

A.07 D 28/03/2021

LOT 67 Sections The Bathla Group Pty Ltd

A.08 D 28/03/2021

LOT 67 Landscape

Plan The Bathla

Group Pty Ltd

LP.01 E 07/04/2021

Where a Construction Certificate/ Subdivision Works Certificate are required no work is to be undertaken before it has been issued.

The following additional requirements apply also:

a) Window SW1221 located on the upper floor on the north-east elevation of dwelling 67.1 is to be replaced with a highlight window with a minimum sill height of 1.7m.

b) Reference to the retaining wall along the front boundary of lot 671/ dwelling 67.1 is removed and annotated as such on Sheet A.02 of the stamped approved plans.

c) The subdivision plan will need to be updated to reflect the easement for drainage required as per the Stormwater Drainage Plan prepared by Bathla Group Pty Ltd Project SW-E1030 Revision 04 dated 13/07/2021.

2. Construction Certificate

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

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

3. 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.

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.

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PAGE 18 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. Disposal of Surplus Excavated Material

The disposal of surplus excavated material, other than to a licenced waste facility, is not permitted without the previous written approval of Council prior to works commencing on site. Any unauthorized disposal of waste, which includes excavated material, is a breach of the Protection of the Environment Operations Act 1997 and subject to substantial penalties.

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.

6. Commencement of Domestic Waste Service

A domestic waste service must be commenced with Council and its Contractor. The service must be arranged no earlier than two days prior to occupancy and no later than seven days after occupancy of the development. All requirements of Council’s domestic waste management service must be complied with at all times. Contact Council’s Resource Recovery Team on (02) 9843 0310 to commence a domestic waste service.

7. Provision of Kitchen Waste Storage Cupboard

Waste storage facility must be provided in each unit/ dwelling to enable source separation of recyclable material from residual garbage. Each unit/ dwelling must have a waste storage cupboard provided in the kitchen with at least 2 removable indoor bins with a minimum capacity of 15 litres each. The bins provided should allow convenient transportation of waste from the kitchen to the main household bins or waste disposal point. The Principal Certifier must visually confirm in person, or receive photographic evidence validating this requirement, prior to the issue of any Occupation Certificate.

8. 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.

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.

10. Subdivision Works (Inter-allotment Drainage Work) Approval

Before inter-allotment drainage works are carried out a Subdivision Works Certificate must be obtained and a Principal Certifier appointed. The plans and accompanying information submitted with the Subdivision Works Certificate must comply with the conditions included with this consent.

As per the Environmental Planning and Assessment Act 1979, only Council can issue a Subdivision Certificate which means only Council can be appointed as the Principal Certifier for subdivision works.

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PAGE 19 11. Protection of Public Infrastructure

Adequate protection must be provided prior to work commencing and maintained during building operations so that no damage is caused to public infrastructure as a result of the works. Public infrastructure includes the road pavement, kerb and gutter, concrete footpaths, drainage structures, utilities and landscaping fronting the site. The certifier is responsible for inspecting the public infrastructure for compliance with this condition before an Occupation Certificate or Subdivision Certificate is issued. Any damage must be made good in accordance with the requirements of Council and to the satisfaction of Council.

12. Minor Engineering Works

The design and construction of the engineering works listed below must be provided for in accordance with Council’s Design Guidelines Subdivisions/ Developments and Works Specifications Subdivisions/ Developments.

Works within an existing or proposed public road, or works within an existing or proposed public reserve can only be approved, inspected and certified by Council. The application form for a minor engineering works approval is available on Council’s website and the application and inspection fees payable are included in Council’s Schedule of Fees and Charges.

a) Driveway Requirements

The design, finish, gradient and location of all driveway crossings must comply with the above documents and Council’s Driveway Specifications.

The proposed driveway’s must be built to Council’s residential standard.

A separate vehicular crossing request fee is payable as per Council’s Schedule of Fees and Charges.

b) Disused Layback/ Driveway Removal

All disused laybacks and driveways must be removed and replaced with kerb and gutter together with the restoration and turfing of the adjoining footpath verge area. Specifically, this includes the removal of any existing laybacks, regardless of whether they were in use beforehand or not.

c) Driveway/ Kerb Inlet Pit Conversion

The new driveway conflicts with the existing on-grade kerb inlet pit. This kerb inlet pit must be replaced with a grated/ butterfly lid pit integrated into the new driveway.

Refer to Council’s Standard Drawing SD.5A available from Council’s website for more detail showing this arrangement.

All these works must be carried out by a civil contractor with the appropriate civil liability insurances for works in the footpath/ public area.

Detailed design and construction approval for these works must be obtained from Council before a Construction Certificate can be issued for the building works.

d) Site Stormwater Drainage

The entire site area must be graded, collected and drained by pits and pipes to a suitable point of legal discharge.

e) Service Conduits

Service conduits to each of the proposed new lots, laid in strict accordance with the relevant service authority’s requirements, are required. Services must be shown on the engineering drawings.

13. Vehicular Crossing Request

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PAGE 20 Each driveway requires the lodgement of a separate vehicular crossing request accompanied by the applicable fee as per Council’s Schedule of Fees and Charges. The vehicular crossing request must be lodged before an Occupation Certificate is issued. The vehicular crossing request must nominate a contractor and be accompanied by a copy of their current public liability insurance policy. Do not lodge the vehicular crossing request until the contactor is known and the driveway is going to be constructed.

14. Subdivision Certificate Preliminary Review

Prior to the submission of a Subdivision Certificate application a draft copy of the final plan, administration sheet and Section 88B instrument (where included) must be submitted in order to establish that all conditions have been complied with.

Street addresses for the lots within this subdivision will be allocated as part of this preliminary check process, for inclusion on the administration sheet.

15. Process for Council Endorsement of Legal Documentation

Where an encumbrance on the title of the property is required to be released or amended and Council is listed as the benefiting authority, the relevant release or amendment documentation must be submitted along with payment of the applicable fee as per Council’s Schedule of Fees and Charges. Sufficient time should be allowed for the preparation of a report and the execution of the documents by Council.

16. External Finishes

External finishes and colours must comply with the details submitted with the development application and approved with this consent.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE/ SUBDIVISION WORKS CERTIFICATE

17. Security Bond Requirements

A security bond may be submitted in lieu of a cash bond. The security bond must:

• Be in favour of The Hills Shire Council;

• Be issued by a financial institution or other accredited underwriter approved by, and in a format acceptable to, Council (for example, a bank guarantee or unconditional insurance undertaking);

• Have no expiry date;

• Reference the development application, condition and matter to which it relates;

• Be equal to the amount required to be paid in accordance with the relevant condition;

• Be itemised, if a single security bond is used for multiple items.

Should Council need to uplift the security bond, notice in writing will be forwarded to the applicant 14 days prior.

18. Security Bond – Road Pavement and Public Asset Protection

In accordance with Section 4.17(6) of the Environmental Planning and Assessment Act 1979, a security bond of $10,000.00 is required to be submitted to Council to guarantee the protection of the road pavement and other public assets in the vicinity of the site during construction works. For low scale, low impact residential development a reduced amount based on a rate of $5,000.00 per unit/ dwelling is instead used.

The bond must be lodged with Council before a Construction Certificate is issued.

The bond is refundable upon written application to Council and is subject to all work being restored to Council’s satisfaction. Should the cost of restoring any damage exceed the value

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PAGE 21 of the bond, Council will undertake the works and issue an invoice for the recovery of these costs.

19. Erosion and Sediment Control/ Soil and Water Management Plan

The detailed design must be accompanied by an Erosion and Sediment Control Plan (ESCP) prepared in accordance with the Blue Book and Council’s Works Specification Subdivision/ Developments.

An ESCP must include the following standard measures along with notes relating to stabilisation and maintenance:

• Sediment fencing.

• Barrier fencing and no-go zones.

• Stabilised access.

• Waste receptacles.

• Stockpile site/s.

20. Engineering Works

The design and construction of the engineering works listed below must be provided for in accordance with Council’s Design Guidelines Subdivisions/ Developments and Works Specifications Subdivisions/ Developments.

Engineering works can be classified as either “subdivision works” or “building works”.

Works within an existing or proposed public road, or works within an existing or proposed public reserve can only be approved, inspected and certified by Council.

Depending on the development type and nature and location of the work the required certificate or approval type will differ. The application form covering these certificates or approvals is available on Council’s website and the application fees payable are included in Council’s Schedule of Fees and Charges.

The concept engineering plan prepared by Bathla Group Revision 04 dated 13/07/2021 is for development application purposes only and is not to be used for construction. The design and construction of the engineering works listed below must reflect the concept engineering plan and the conditions of consent.

a) Earthworks/ Site Regrading

Earthworks and retaining walls are limited to those locations and heights shown on the concept engineering plan prepared by Bathla Group Revision 04 dated 13/07/2021. Where earthworks are not shown on the approved plan the topsoil within lots must not be disturbed.

Retaining walls between lots must be located on the high side lot that is being retained, save the need for easements for support on the low side lot adjacent.

The proposed retaining walls including the drainage and footing must be wholly contained within the boundaries of the subject site. The design of the retaining wall must be structurally certified by a NER (Structural) Engineer to withstand all loads likely to be imposed on it within its lifetime.

b) Inter-allotment Stormwater Drainage

Piped inter-allotment stormwater drainage catering for the entire area of each lot must be provided. Each lot must be uniformly graded to its lowest point where a grated surface inlet pit must be provided. All collected stormwater is to be piped to an approved constructed public drainage system.

21. Section 7.11 Contribution

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PAGE 22 The following monetary contributions must be paid to Council in accordance with Section 7.11 of the Environmental Planning and Assessment Act 1979, to provide for the increased demand for public amenities and services resulting from the development.

Payments comprise of the following:

The contributions above are applicable at the time this consent was issued. Please be aware that Section 7.11 contributions are updated at the time of the actual payment in accordance with the provisions of the applicable plan.

Prior to payment of the above contributions, the applicant is advised to contact Council’s Development Contributions Officer on 9843 0555. Payment must be made by cheque or credit/ debit card. Cash payments will not be accepted.

This condition has been imposed in accordance with Contributions Plan No 15 – Box Hill.

Council’s Contributions Plans can be viewed at www.thehills.nsw.gov.au or a copy may be inspected or purchased at Council’s Administration Centre.

22. Western Sydney Growth Areas – Payment of Special Infrastructure Contribution A special infrastructure contribution is to be made in accordance with the Environmental Planning and Assessment (Special Infrastructure Contribution – Western Sydney Growth Areas) Determination 2011, as in force when this consent becomes operative.

Information about the special infrastructure contribution can be found on the Department of Planning and Environment website:

http://www.planning.nsw.gov.au/

Please contact the Department of Planning and Environment regarding arrangements for the making of a payment.

23. Works within Easement for Padmount Substation – Design Certification

Prior to the issue of a Construction Certificate, a professional fire engineer is to provide a construction detail (including particulars of the materials to be used and any required fixing instructions) and certification for this design with respect to the achievement of the required Fire Resistance Level (FRL) for that part of the building that is to be erected within the restriction site as detailed in the relevant 88B Instrument for the subject allotment and Endeavour Energy’s Mains Design Instruction MDI 0044 ‘Easements and Property Tenure’

Amendment No: 1 Approval Date 06/03/2017 as updated from time to time.

The owner of the land shall provide the easement beneficiary with a copy of the professional fire engineer’s certificate (inclusive of the construction detail) for their records.

Definitions:

• 120/120/120 fire rating and 60/60/60 fire rating means the fire resistance level of a building expressed as a grading period in minutes for structural adequacy/ integrity failure / insulation failure, calculated in accordance with Australian Standard 1530.

• Building means a substantial structure with a roof and walls and includes any projections from the external walls.

• Erect includes construct, install, build and maintain.

Purpose:

Integrated

Housing Purpose:

Credit No. of Integrated

Housing: 2 No. of Credits: 1 Total S7.11 Open Space - Land $11,831.22 $14,898.58 $ 23,662.45 $ 14,898.58 $ 8,763.87 Open Space - Capital $7,192.55 $9,057.29 $ 14,385.11 $ 9,057.29 $ 5,327.82 Transport Facilities - Land $3,064.48 $3,858.97 $ 6,128.96 $ 3,858.97 $ 2,269.98 Transport Facilities - Capital $7,726.73 $9,729.96 $ 15,453.47 $ 9,729.96 $ 5,723.51 Administration $296.22 $373.02 $ 592.44 $ 373.02 $ 219.42 Water Management - Land (KCP) $4,706.46 $5,926.65 $ 9,412.91 $ 5,926.65 $ 3,486.26 Water Management - Capital (KCP) $5,235.20 $6,592.47 $ 10,470.39 $ 6,592.47 $ 3,877.92 Total $ 40,052.86 $50,436.93 $ 80,105.72 $ 50,436.93 $ 29,668.79

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PAGE 23

• Restriction site means that part of the lot burdened affected by the restriction on the use of land as shown on the deposited plan.

• No building or part of a building shall be erected or permitted to remain within the restriction site unless:

• The external surface of the building erected within 1.5 metres from the substation footing has a 120/120/120 fire rating; and

• The external surface of the building erected more than 1.5 metres from the substation footing has a 60/60/60 fire rating.

• The fire ratings mentioned above must be achieved without the use of firefighting systems such as automatic sprinklers.

24. Fencing within Easement for Padmount Substation

A letter from Endeavour Energy must be submitted confirming that the proposed location, details and materials for the fencing around the padmount substation are satisfactory with regards to the terms of the restriction site as detailed in the relevant Section 88B Instrument for the subject lot

PRIOR TO WORK COMMENCING ON THE SITE 25. Construction Waste Management Plan Required

Prior to the commencement of works, a Waste Management Plan for the construction and/

or demolition phases of the development must be submitted to and approved by the Principal Certifying Authority. The plan should be prepared in accordance with The Hills Development Control Plan 2012 Appendix A. The plan must comply with the waste minimisation requirements in the relevant Development Control Plan. All requirements of the approved plan must be implemented during the construction and/ or demolition phases of the development.

26. Property Condition Report – Public Assets

A property condition report must be prepared and submitted to Council recording the condition of all public assets in the direct vicinity of the development site. This includes, but is not limited to, the road fronting the site along with any access route used by heavy vehicles. If uncertainty exists with respect to the necessary scope of this report, it must be clarified with Council before works commence. The report must include:

• Planned construction access and delivery routes; and

• Dated photographic evidence of the condition of all public assets.

27. Erosion and Sediment Control/ Soil and Water Management

The approved ESCP measures must be in place prior to works commencing and maintained during construction and until the site is stabilised to ensure their effectiveness.

28. Contractors Details

The contractor carrying out the subdivision works must have a current public liability insurance policy with an indemnity limit of not less than $10,000,000.00. The policy must indemnify Council from all claims arising from the execution of the works. A copy of this insurance must be submitted to Council prior to works commencing.

29. Builder and Principal Certifier Details

The builders name, address, telephone and fax numbers must be submitted to the Principal Certifier before building works commence. Where Council is not the Principal Certifier, Council must be notified of the Principal Certifier in writing two days before building works commence in accordance with the Regulations.

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PAGE 24 DURING CONSTRUCTION

30. 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.

31. Critical Stage Inspections – Subdivision Works (inter-allotment drainage)

The subdivision works must be inspected by Council in accordance with the schedule included in Council’s Works Specification Subdivisions/ Developments. A minimum of 24 hour’s notice is required for inspections. No works are to commence until the first inspection has been carried out.

32. Working Hours

All work must be restricted to between the hours of 7:00am and 5:00pm, Monday to Saturday. No work can occur outside the hours specified above on Sundays or public holidays. The contractor must instruct sub-contractors regarding the hours of work.

33. Standard of Works

All work must be carried out in accordance with Council’s Works Specification Subdivisions/

Developments and must include any necessary works required to make the construction effective. All works, including public utility relocation, must incur no cost to Council.

34. Critical Stage Inspections/ Inspections Nominated by the Principal Certifier

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

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

35. Compliance with BASIX Certificate

Under Clause 97A of the Environmental Planning and Assessment Regulation 2000, all commitments listed in the following BASIX Certificates (and any subsequent revisions of the same certificate number) submitted with the application must be complied with:

Lot/ Dwelling No. BASIX Certificate No.

Lot 671/ Unit 67.1 1163546S_02 Lot 672/ Unit 67.2 1163412S_02

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE/ SUBDIVISION CERTIFICATE 36. Landscaping Prior to Issue of any Occupation Certificate

Landscaping of the site shall be carried out prior to issue of an Occupation Certificate. The Landscaping of the site must in accordance with the approved plan and the following additional requirements.

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PAGE 25

• Proposed planting of Magnolia grandiflora ‘Teddy Bear’ is to be substituted by one of the following species.

• Tristaniopsis laurina (Water Gum)

• Melaleuca liniifolia (Flax-leaf Paper Bark)

• Eucalyptus ficifolia (Scarlet-flowering Gum)

• Elaeocarpus reticulatus (Blueberry Ash)

• One additional Callistemon salignus street tree is to be planted on the Hollindale Street frontage (two street trees to be planted on this frontage)

The landscaping works are to be certified by an Accredited Landscape Architect or Designer.

All landscaping is to be maintained at all times in accordance with DCP Part C, Section 3 – Landscaping and the approved landscape plan.

37. Property Condition Report – Public Assets

Before an Occupation Certificate is issued, an updated property condition report must be prepared and submitted to Council. The updated report must identify any damage to public assets and the means of rectification for the approval of Council.

38. Completion of Engineering Works

An Occupation Certificate must not be issued prior to the completion of all engineering works covered by this consent, in accordance with this consent.

39. Subdivision Works – Submission Requirements

Once the subdivision works are complete the following documentation (where relevant/

required) must be prepared in accordance with Council’s Design Guidelines Subdivisions/

Developments and submitted to Council’s Construction Engineer for written approval:

• Works as Executed Plans

• Stormwater Drainage CCTV Recording

• Pavement Density Results

The works as executed plan must be prepared by a civil engineer or registered surveyor. A copy of the approved detailed design must underlay the works as executed plan so clearly show any differences between the design and constructed works. The notation/ terminology used must be clear and consistent too. For bonded/ outstanding work the works as executed plan must reflect the actual work completed. Depending on the nature and scope of the bonded/ outstanding work a further works as executed plan may be required later, when that work is completed.

All piped stormwater drainage systems and ancillary structures which will become public assets must be inspected by CCTV. A copy of the actual recording must be submitted electronically for checking.

40. Section 73 Compliance Certificate

A Section 73 Compliance Certificate issued under the Sydney Water Act 1994 must be obtained from Sydney Water confirming satisfactory arrangements have been made for the provision of water and sewer services. Application must be made through an authorised Water Servicing Coordinator. The certificate must refer to this development consent and all of the lots created.

41. Provision of Telecommunication Services

The developer (whether or not a constitutional corporation) is to provide evidence satisfactory to the Certifying Authority that arrangements have been made for:

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PAGE 26 The installation of fibre-ready facilities to all individual lots and/ or premises in a real estate development project so as to enable fibre to be readily connected to any premises that is being or may be constructed on those lots. Demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre ready facilities are fit for purpose; and

The provision of fixed-line telecommunications infrastructure in the fibre-ready facilities to all individual lots and/ or premises in a real estate development project demonstrated through an agreement with a carrier.

Real estate development project has the meanings given in Section 372Q of the Telecommunications Act 1978 (Cth).

For small developments, NBN Co will issue a Provisioning of Telecommunications Services – Confirmation of Final Payment. For medium and large developments, NBN Co will issue a Certificate of Practical Completion of Developers Activities.

For non-fibre ready facilities, either an agreement advice or network infrastructure letter must be issued by Telstra confirming satisfactory arrangements have been made for the provision of telecommunication services. This includes the undergrounding of existing overhead services, except where a specific written exemption has been granted by Council.

A copy of the works as executed (WAE) plans for the telecommunications infrastructure must also be submitted.

42. Provision of Electrical Services

Submission of a notification of arrangement certificate confirming satisfactory arrangements have been made for the provision of electrical services. This must include the undergrounding of the existing electrical services fronting the site and removal of all redundant poles and cables, unless otherwise approved by Council in writing. The certificate must refer to this development consent and all of the lots created.

43. Final Plan and Section 88B Instrument

The final plan and Section 88B Instrument must provide for the following. Council’s standard recitals must be used.

a) Easement – Private Stormwater Drainage

Inter-allotment drainage easements must be created to ensure each and every lot is provided with a legal point of discharge. Easement widths must comply with Council’s Design Guidelines Subdivisions/ Developments.

44. Site/ Lot Classification Report – Vacant Residential Lots

A site/ lot classification report prepared by a geotechnical engineer must be prepared and submitted following the completion of all subdivision works confirming that all residential lots are compliant with AS 2870 and are suitable for development. The report must be accompanied by a table which summarises the classification of all lots created as part of the subdivision.

45. Subdivision Certificate Application

When submitted, the Subdivision Certificate application must include:

• One copy of the final plan.

• The original administration sheet and Section 88B instrument.

• All certificates and supplementary information required by this consent.

• An AutoCAD copy of final plan (GDA2020/ MGA Zone 56).

46. Building Services

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PAGE 27 A letter from a registered surveyor must be submitted certifying that all facilities servicing the proposed lots/ dwellings are located wholly within their respective lot or are otherwise contained within a suitable easement.

47. Satisfactory Final Inspection

A final inspection must be carried out before an Occupation Certificate if issued. An Occupation Certificate must be issued before the dwellings are occupied.

48. Maintenance of BASIX Commitments

All BASIX requirements must be implemented before an Occupation Certificate is issued and maintained throughout the life of the proposed development in accordance with the approved BASIX Certificates.

THE USE OF THE SITE

49. Waste and Recycling Management

To ensure the adequate storage and collection of waste from the occupation of the premises, all garbage and recyclable materials emanating from the premises must be stored in the designated waste storage area(s), which must include provision for the storage of all waste generated on the premises between collections. Arrangement must be in place in all areas of the development for the separation of recyclable materials from garbage. All waste storage areas must be screened from view from any adjoining residential property or public place. Waste storage area(s) must be kept clean and tidy, bins must be washed regularly, and contaminants must be removed from bins prior to any collection.

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PAGE 28 ATTACHMENTS

1. Locality Plan 2. Aerial Photograph 3. SEPP Zoning Map

4. SEPP Minimum Lot Size Map

5. SEPP Maximum Height of Building Map 6. SEPP Minimum Residential Density Map 7. Plan of Proposed Subdivision

8. Ground Floor Plan 9. First Floor Plan 10. Elevation Plans 11. Shadow Diagrams 12. Landscape Plan

13. Stormwater Drainage Plan

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PAGE 29 ATTACHMENT 1 – LOCALITY PLAN

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PAGE 30 ATTACHMENT 2 – AERIAL PHOTOGRAPH

Subject Site – Red Outline

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PAGE 31 ATTACHMENT 3 – SEPP ZONING MAP