The development application was notified and one (1) submission was received on behalf of the owners of three properties. The written request to justify breaching the building height development standard is deemed to comply with clause 4.6(3) and clause 4.3(4) of the Hills LEP 2019. Retaining walls are proposed at the rear, front and side of the greenhouse . place to facilitate cutting and filling on site.
There are no proposed changes to the operation of the existing intensive plant breeding on the site. The maximum building height in this case is the vertical distance from the existing terrain to the proposed greenhouse ridge. As such, the proposal was amended to reduce the overall height of the building.
The height of the greenhouse as currently proposed is 11m, which is a variation of 10% to the development standard. The applicant has submitted a written request in accordance with § 4.6, subsection 3, seeking to justify the violation of the development standard. It is therefore assessed that the development, regardless of the variation to the development standard, meets the objectives for RU2 Landscape zone.
A written request to justify a breach of the building height development standard is deemed to satisfy clause 4.6(3) Hills LEP 2019.
Compliance with The Hills Development Control Plan
The scale, siting and visual appearance of the new development maintains the open rural feel of the landscape and preserves the scenic and environmental qualities of the area. The installation of a secure fence on the proposed greenhouse will contribute to the demarcation of the cultivation area from the intensive agriculture located elsewhere on the site and adjacent areas. The proposed cut and fill in place should be facilitated by retaining walls along the rear of the greenhouse and at the front of the greenhouse.
The retaining walls located at the front of the site are in front of the greenhouse and continue along the perimeter of the driveway. The proposed works will require filling to level the area to enable the construction of the new grow house. The site of the greenhouse currently contains a 5m slope towards Boronia Street and then to the east and west, which is the main factor contributing to the non-compliance.
The fill located at the front of the site must be maintained with the help of retaining walls installed along the front and side of the greenhouse. The cut proposed for the site is to be maintained through the retaining wall located at the rear of the greenhouse.
Internal Referrals
The siting of new rural/residential development should take into account potential impacts arising from existing neighboring rural business activities. The cut and fill proposed for the site is to create a level building platform for the greenhouse. The proposed retaining wall will be a maximum height of 2.2m and will not be visible from the street.
As the proposed cut and fill is to be retained entirely within the site through retaining walls, there will not be unreasonable impacts from the existing adjacent rural commercial activities. As such, the proposed fence is considered to adequately meet the Statement of Results and is considered reasonable in this case. The applicant has submitted a written request in accordance with clause 4.6 of the LEP 2012 to justify the breach of the building height development standard.
The requirements under Clause 4.6 have been met and the proposed 10% variation (1m) to building height is supportable in this case. The proposed development is in accordance with the planning principles, vision and objectives set out in "Hills 2026 – Looking Towards the Future" as the proposed development provides for satisfactory urban growth without adverse environmental or social amenity impacts and ensures that a consistent built form with be provided with respect. to the streetscape and general location.
Development in Accordance with Submitted Plans
Tree Removal
Compliance with Bushfire Risk Assessment Report Requirements
Planting Requirements
Protection of Public Infrastructure
Vehicular Access and Parking
Vehicular Crossing Request
The design and construction of the engineering works listed below shall be provided in accordance with the Council's Design Guidelines Subdivisions/Developments and Building Specifications Subdivisions/Developments. Works on existing public roads or other land under the care and control of the Council must be approved and inspected by the Council in accordance with the Roads Act 1993 or the Local Government Act 1993. A separate minor engineering application and inspection fee is payable per Council's Schedule of Fees and Charges.
The design, finish, slope and location of all driveway crossings shall comply with the above documents and Council's driveway specifications. A separate Vehicle Crossing Request Fee is payable in accordance with the Council's Fees and Charges Schedule. The entire area must be graded, collected and drained by pits and pipes to a suitable legal discharge point.
If earthworks are not indicated on the approved plan, the topsoil within lots must not be disturbed. Retaining walls are limited to those locations and heights shown on the draft engineering plan prepared by Consulting Engineers, Revision 2 dated July 1, 2019.
Construction Certificate
Building Work to be in Accordance with BCA
Adherence to Waste Management Plan
Management of Construction and/or Demolition Waste
Disposal of Surplus Excavated Material
Prior to the issue of a Building Certificate, the applicant is required to contact the Council's Infrastructure and Works team to coordinate the removal of two existing trees located in the adjacent nature strip which will be affected by the works associated with the development. All tree removal must be undertaken by the owner/applicant in accordance with the requirements of Council's Infrastructure and Works team.
Section 7.12 Contribution
Property Condition Report – Public Assets
Unhindered access must be available to the electricity supply authority, during and after construction, to electricity meters and measuring equipment.
Approved Temporary Closet
Stabilised Access Point
Details and Signage - Principal Contractor and Principal Certifying Authority Details
Erosion and Sedimentation Controls
Applicants are advised to consult Telstra, NBN Co and Australia Post regarding the installation of telephone lines, broadband connections and post boxes as required. The builder/contractor is responsible for instructing and supervising subcontractors regarding working hours.
Stockpiles
Dust Control
Approval to amend an On-site Sewage Management System
Landscaping Prior to Issue of any Occupation Certificate
Completion of Engineering Works
Property Condition Report – Public Assets
Amendment of System of Sewage Management
Hours of Operation
Offensive Noise, Smoke and Odours
Lighting
Water Management
CLAUSE 4.6 WRITTEN REQUEST
