Reduction of the applicable rate for the self-sustaining component of the development in accordance with point 2.15 of the contribution plan no. The applicant has requested a reduced contribution rate for the self-sustaining component of the development in accordance with paragraph 2.15 of KP11.
Section 4.55 of the Environmental Planning and Assessment Act, 1979
While the GFA is used to calculate the applicable floor space ratio of the application, it is not relevant to the calculation of development contributions under CP11. The proposal is considered unsatisfactory in relation to the Future Hills Community Strategic Plan as it has the potential to adversely affect the provision of services to residents and is not in the public interest.
LOCALITY PLAN
AERIAL MAP
APPLICANT’S JUSTIFICATION
APPROVED SITE PLAN
- Compliance with Part B Section 2 – Residential
- Issues Raised in Submissions
- Internal Referrals
- Development in Accordance with Submitted Plans
- External Finishes
- 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
- Commencement of Domestic Waste Service
- Provision of Domestic Waste Storage Area(s)
- Management of Building Sites
- Approved Temporary Closet
- Erosion and Sedimentation Controls
- Stabilised Access Point
- Details and Signage - Principal Contractor and Principal Certifier Details
- Demolition Works and Asbestos Management
- 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
- Roof Water Drainage
- Dust Control
No work (including excavation, pouring or soil deformation) may be carried out prior to the issuance of the building certificate, if a building certificate is required. Plans submitted with the Building Certificate must be amended to include the terms of the Development Permit. All building work must be carried out in accordance with the provisions of the Building Code of Australia.
This amount must be adjusted at the time of the actual payment in accordance with the provisions of the Hills Article 7.12 Contribution Plan. A copy of the building plan approval and Sydney Water Tap in™ receipt (if not already provided) must be submitted to the Lead Certifier upon request prior to commencing work. A sign will be placed in accordance with Article 98A paragraph 2 of the 2000 Spatial Planning and Assessment Regulation.
The sign must be erected in a prominent position and show – a) the name, address and telephone number of the Chief Certifier for the work, .. b) the name and out-of-hours contact telephone number of the main contractor/person responsible for the work. The release of dust must be controlled to minimize nuisance to the occupants of the surrounding premises.
AERIAL PHOTOGRAPH
SITE PLAN
ELEVATIONS
ELEVATION AND SECTION
SHADOW DIAGRAMS
Section 4.55(2) of the Environmental Planning and Assessment Act, 1979
Under the provisions of section 4.55(2) of the Environmental Planning and Assessment Act, 1979, the Council may, in response to an application, modify a consent if:. a) is satisfied that the development to which the modified consent 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 any). The proposed modified development would represent substantially the same development for which consent was originally granted as the general form of the proposed building approved under DA 2332/2018/HA will remain the same with changes limited to the deletion of Level of Basement 4 and internal layout reconfigurations of the remaining basement levels, Lower Ground Floor Level and Levels 1 and 2. The proposal does not intend to alter the use, nature or materially alter the overall appearance of the approved building.
The increase in usable floor area will have no impact on surrounding developments or the intensity of approved uses and will improve efficiency and circulation within the development and reduce environmental impacts by deleting one of the basement levels. The setbacks to the street and adjacent property boundaries remain unchanged and the orientation, footprint and building envelope remain generally as originally approved. The amendment application was notified in accordance with the regulations and the Council's notification policy. d) it has considered any submissions made regarding the proposed amendment within the period prescribed by the regulations or provided by the development control plan, as the case may be.
One submission was received during the notification period and the issues raised are addressed in section 8 below. The proposal is considered to be satisfactory, taking into account the provisions of § 4.55, subsection 2, in the Environmental Planning and Environmental Assessment Act of 1979.
The floor area ratio of buildings on a site is the ratio of the gross floor area of all buildings on the site to the surface area of the site.”. The proposed increase in maximum gross floor area is only 1.46% of the site's total gross floor area and is therefore considered negligible. The proposed change will not materially affect the appearance of the approved development, which has been architecturally designed to respond to the constraints of the site and character of the place, as evidenced by compliance with building envelope controls instituted by The Hills LEP , the Central Place Precinct checks in the DCP and ADG.
The proposal complies with the objectives and/or building envelope controls under Part D, Section 10 for Baulkham Hills Town Center in The Hills DCP. Accordingly, the scale and bulk of the building is considered to be compatible with. The role of Baulkham Hills Town Center is set out in the Productivity and Centers Strategy published by The Hills Shire Council in October 2019.
The approved development provides a built form compatible with the town center role by incorporating retail and commercial spaces on the lower ground floor and first floor which could support a range of uses whilst providing level access and active street frontages to this important site. walk-through location in the heart of Baulkham Hills. The redevelopment of the lower ground floor and level 1 includes the addition of retail tenancies along the Old North Road frontage and minor changes to the location and configuration of retail, residential and commercial entrances along both frontages.
Compliance with The Hills Development Control Plan
The proposed modifications are consistent with these objectives as originally approved, as the changes are designed to ensure that the bulk, scale and character of the approved building is maintained. In this case, the proposed modifications would satisfy the first pathway detailed in Wehbe in that the objectives of the height development standards are met regardless of the proposed numerical variation. There are no other provisions of the LPP that require consideration as part of this modification application.
The proposal complies with the relevant controls within the DCP with the exception of the following requirements detailed below. The proposed change includes the deletion of one basement level and the reconfiguration of the car park layout, which will allow a total of 134 car parking spaces, including a total of 81 residential (63 for residents and 18 for visitors), 29 retail, 23 commercial spaces. and 1 car wash. In this case, it is recommended that one of the commercial parking spaces be converted into a residential parking space and that a reallocation be made between the commercial and retail spaces to ensure compliance with the required amount of parking spaces in accordance with the intended rental ratios. /uses (see condition #1).
The basement car park footprint is generally unchanged from the approved development, but a minor increase is proposed along the south west boundary of Basement 1, which will result in the removal of part of the deep planted tree area above (see Figures 1 and 2). ). The floor to floor height for the lower ground floor retail area located towards the southern point of the complex will be a minimum of 2.8m (see Figure 3 below highlighted in red).
Issues Raised in Submissions
Internal Referrals
External Referrals
The geometric design of the proposed parking spaces has been designed to comply with the relevant Australian Standards requirements in relation to parking space dimensions, aisle/driveway widths, grade/slope transitions and overhead clearances. The vehicular access arrangements have been designed to meet the relevant requirements for swept turnings, allowing them to easily cycle the internal ramps and enter and exit the site in the forward direction at all times. It is proposed that the future connection of the vehicular access/egress to Central Place be unchanged as originally approved (see Attachment 5).
The Council's Senior Subdivision Engineer has assessed the application and has no objection to the proposed modification. The issues raised in the submissions are addressed in the report and do not warrant rejection of the application. The proposed development is consistent with the planning principles, vision and objectives outlined in "Hills 2026 - Looking to the Future", as the proposed development provides for satisfactory urban growth without adverse environmental or social impacts and provides a sustainable form built with respect. to streetscape and general locality.
The variation to the maximum floor space ratio development standard results in development that is consistent with the relevant objectives and compliance with the standard is unreasonable and unnecessary in this case, and the proposal results in a better planning outcome as described in this report. To amend the following conditions under the heading "GENERAL MATTERS" and "BEFORE ISSUING THE CONSTRUCTION CERTIFICATE":.
The following conditions under the heading “GENERAL MATTERS” and “PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE” be amended
The layout of waste disposal areas should ensure that each bin is easily accessible and maneuverable in and out of the areas, without manual handling of other bins. The design of waste storage areas should ensure that commercial tenants do not have access to residential waste storage areas, and vice versa for residential residents. The floor of waste disposal areas shall be constructed of concrete with a smooth non-slip finish, graded and poured into the drain.
All doors to waste disposal areas, when fully opened, shall be flush with exterior walls and shall not block or obstruct aisles or car parking paths. The finishes and colors of the waste disposal areas should complement the design of the development. Details including backflow prevention device, location of irrigation lines and sprinklers, and control details must be communicated to the Council or Private Certifier prior to issuing the building certificate.
Full details of contractor to carry out tree work (Minimum AQF level 3 Arborist);. To maintain the arboreal environment of the Shire one (1) Platanus Orientalis Digitata (cut leaf sycamore) 100 liters of replacement street trees to be installed to Old Northern Road as indicated on the proposed landscape plan - Lower Ground Floor rev H prepared by a total concept Landscape Architects dated 12/02/21 .
SITE ANALYSIS PLAN
APPROVED AND PROPOSED BASEMENT PLANS (3 PAGES)
APPROVED AND PROPOSED LOWER GROUND FLOOR PLANS
APPROVED AND PROPOSED LEVEL 1 PLANS
APPROVED AND PROPOSED LEVEL 2 PLANS
APPROVED & PROPOSED OLD NORTHERN ROAD ELEVATIONS
APPROVED AND PROPOSED WINDSOR ROAD ELEVATIONS
APPROVED SECTIONS
PROPOSED SECTIONS
PROPOSED SECTION DRAWINGS
APPROVED AND PROPOSED LANDSCAPE PLANS
APPROVED AND PROPOSED GROSS FLOOR AREA
