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. The development took into account the flood-prone status of the site.
Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997)
In relation to sub-clause (1) all matters have been considered in the assessment of the application. The relevant sections of the policy and the appropriate recommended strategies have been taken into account in the assessment of the application and are considered satisfactory to achieve the objectives of the policy.
Compliance with The Hills Development Control Plan
The Sydney Regional Environmental Plan No 20 – Hawkesbury-Nepean River (No SREP) aims to protect the environment of the Hawkesbury-Nepean River system by ensuring that the impacts of future land uses are considered in the regional context. The specific planning policies and recommended strategies to be considered include total catchment area, environmentally sensitive areas, water quantity, water quality, cultural heritage, flora and fauna, river scenic quality, agriculture/aquaculture and fishing, rural residential development, urban development, recreation and tourism and metropolitan strategy.
Issues Raised in Submissions
The unauthorized slab and fill, illegally placed by the previous owner, is said to be the basis for the proposed dwelling despite being in a flood zone. A matter relating to the alleged filling of land and the construction of a concrete slab was investigated in 2015 by the Council's development monitoring team. The Council's investigating officer did not detail that the dyke had any obvious signs of contamination or that it was an imported dyke.
Following notices and orders to demolish and remove the slab and given that only the foundations and columns were constructed, it was determined that the slab could remain pending the lodging of a development application for the housing proposal to be considered on merits and that the potential structural adequacy was at this stage it would be possible to consider works. This development application includes consideration of the retention of existing columns and slabs which will be used in the construction of the proposed dwelling. Any additional backfill required for the proposal, including new backfill required to create the access route, has been conditioned to ensure that it is intact natural material (VENM) - see condition no.
Internal Referrals
Surveys and conditions have been imposed to ensure that adequate flood protection and emergency flood evacuation measures are in place for the duration of the project. The structure is being built between the roadway and the river, this raised some concerns about the proximity of the structure to the river, but after taking some measurements I can confirm that the shed is over 50m from the river bank . Following notices and orders to demolish and remove the slab and given that only foundation and piers had been built, it was determined that the slab could remain pending the submission of a development application and at that stage could be considered whether the shed was structurally adequate.
If there are concerns about contamination of the fill, it may also be necessary to confirm that the material is suitable for habitation. The development application has been assessed against the relevant considerations in accordance with Section 4.15 of the Environmental Planning and Assessment Act, 1979, The Hills Local Environmental Plan 2012 and The Hills Development Control Plan 2012 and is considered satisfactory. The questions raised in the submissions have been dealt with in the report and do not warrant rejection of the application.
Development in Accordance with Submitted Plans (as amended)
The proposed development is consistent with the planning principles, visions and objectives outlined 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 delivered with respect to the streetscape and the general location.
Construction Certificate
Building Work to be in Accordance with BCA
All construction work must be carried out in accordance with the provisions of the Building Code of Australia.
Adherence to Waste Management Plan
Management of Construction and/or Demolition Waste
Commencement of Domestic Waste Service
Provision of Domestic Waste Storage Area(s)
The walkway must have a minimum clear floor width of 820mm, must not exceed the step without steps and must be external to the dwelling (excluding the garage). An accompanying length of natural clear strip of 1.66 m should be dedicated along the edge of each dwelling for the presentation of the bin.
Swimming Pool Safety During Construction
Restriction on Building Use
Potable Water Supply
Surface Drainage
Reflective Qualities
External Finishes
Imported ‘Waste Derived’ Fill Material
Road Opening Permit
All driveways and parking areas shall be graded, collected and drained by sumps and pipes to a suitable point of legal discharge.
Vehicular Crossing Request
Finished Floor Level – Flooding
Site Flood Emergency Response Plan
Flood Protection Requirements
These must be opened before the flood begins to allow flood water to flow through. All service lines located below FPL3 must be fully flood compatible and suitable for continuous underwater immersion. For development within the Hawkesbury River floodplain, all walls up to FPL3 must be constructed of flood resistant construction materials suitable for maintaining structural integrity during and after long periods of continuous submergence.
For development within the floodplain of the Hawkesbury River, all walls must have additional strength to resist collapse. The number of embedded columns should be increased to that normally required under the Building Code of Australia. The restriction must be placed on the title of the land where the lowest habitable floor area is raised above the finished floor area, confirming that no fence can be placed under the property. 21. Forest Fire Requirements – BAL LOW – Rural i) Means of Protection Zone.
Bushfire Requirements - BAL LOW – Rural i) Asset Protection Zones
To enable emergency services and residents to carry out property protection activities, a defensible space must be created around the building that allows unimpeded pedestrian access. ii) Water supply and utilities. Grass areas/mowed lawns/or ground covers are placed in the vicinity of the building; Limit vegetation in the immediate vicinity of the building that can come into contact with the building over time and if not properly maintained;
Planting must not provide a continuous canopy to the building (i.e. trees or shrubs must be isolated or located in small clusters);. When considering landscape species, consideration should be given to the estimated size of the plant at maturity. DEVELOPMENT ASSESSMENT UNIT MEETING 13 JULY 2021 A suitable bond or bank guarantee in the amount of $10,000 must be submitted to Council prior to the issuance of the construction certificate for the retention of the existing dwelling during the construction of the new dwelling.
Section 7.12 Contribution
Application to Install/Amend a system of Sewage Management
Erosion and Sediment Control/ Soil and Water Management Plan
Engineering Works
Depending on the type of development and the nature and location of the work, the type of certificate or approval required varies. The design and construction of the engineering works listed below must reflect the preliminary engineering plan and conditions of consent. a) Construction of a driveway - rural areas. Service lines to each of the proposed new assemblies are required, laid in strict accordance with the requirements of the relevant service authority.
Earthworks and retaining walls are limited to those locations and elevations shown on the conceptual engineering plan prepared by Fyffe Design Revision E. The earthworks plans must be amended to include detailed design in relation to concrete works including parts around the front wall for drainage below the lowest point of the driveway, both sides of the driveway from the residence to Mud Island Road. Before issuing any construction certificate, it is the responsibility of the certificate issuer to ensure that a detailed cut/fill balance is shown on the plans, which must show that the works are in a negative cut/fill balance (including or lost flood storage area due to housing ). .
Details and Signage - Principal Contractor and Principal Certifier Details
The concept engineering plan prepared by Fyffe Design Revision E Dated is for development purposes only and must not be used for construction. A minimum 3m wide concrete or asphalt driveway built to Council standard shall be provided between Mud Island Road and the building platform nominated on proposed plans in accordance with the above documents and Council's driveway specifications. Detailed civil plans must be prepared and approved in accordance with a Construction Certificate for the driveway, which includes earthworks, joists, main walls and drainage structures (Pipes, main walls, etc.) associated with the driveway works.
Where earthworks are not shown on the approved plan, the surface of the land within the lots shall not be disturbed. If this work extends beyond the works shown on the referenced plans, an amendment to the application may be required. DEVELOPMENT ASSESSMENT UNIT MEETING JULY 13, 2021. a) the name, address and telephone number of the Chief Certifier for the work, .. b) the name and telephone number of the out-of-hours contact of the main contractor/person responsible for the work.
Management of Building Sites
Consultation with Service Authorities
Structural Certificate/Existing Slab
Demolition Works and Asbestos Management
Approved Temporary Closet
Erosion and Sedimentation Controls
A stabilized all-weather access point must be provided prior to the commencement of site works, and must be maintained during construction activities until the site is stabilized. The controls must be in accordance with the requirements with the details approved by the Council and/or as prescribed by the Council officers. These requirements will be in accordance with Urban Stormwater Management – Lands and Construction produced by the NSW Department of Housing (Blue Book).
Waste Management Details Required
Erosion and Sedimentation Controls
Contamination
Dust Control
All dusty surfaces must be wetted and pressed with a fine spray of water. All stocks of materials that can create dust must be kept wet or covered.
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
Asbestos Removal
Installation/Amendment of System of Sewage Management
The existing underground leachate disposal area and any associated wastewater infrastructure must be removed and backfilled with Excavated Natural Material (ENM). Any redundant septic tanks, collection wells or aerated sewage treatment systems must be removed or reused in accordance with Advisory Note 3-Revised January 2017 - Destruction, Removal or Reuse of Septic Tanks, Collection Wells and Systems aerated wastewater treatment (AWTS) and other wastewater management facilities (SMF)” available on the NSW Health website (http://www.health.nsw.gov.au/) .
Certification
Demolition of Existing Dwelling
Flood Evacuation and Short Term Rental
LOCALITY PLAN
AERIAL PHOTOGRAPH
