The proposal is satisfactory in relation to the objectives of the R2 low density residential zone. iii) Compliance with The Hills LEP 2012 - Development Standards. To minimize the impact of the childcare facility on the amenity of neighboring residential developments.
Compliance with State Environmental Planning Policy No. 55 – Remediation of Land
Compliance with The Hills Development Control Plan
In view of the above, the backward setback check change is deemed to be in line with the objectives of clause 8.1.1 of The Hills DCP Part D Section 7 – Balmoral Road Release Area. In view of the above, the corner lot control variation is deemed to be in accordance with the objectives of clause 8.1.5 of The Hills DCP Part D Section 7 – Balmoral Road Release Area.
Issues Raised in Submissions
In this regard, the childcare center is considered suitable for the location and place. The proposed childcare center has been designed to be compatible with the character of the area.
Internal Referrals
The design conforms to the design principles in the Childcare Planning Guidelines and incorporates front setbacks commensurate with housing in the Balmoral Road Release Area and adequate landscaping is provided along all street frontages. The issues raised in the comments have been addressed in the report and do not warrant refusal of the application.
Development in Accordance with Submitted Plans
The development application has been assessed in relation to the relevant considerations in accordance with Section 4.15 of the Environmental Planning and Assessment Act, 1979, the State's Environmental Planning Policy (Educational Institutions and Child Care Facilities) 2017, the State's Environmental Planning Policy No. No work (including excavation, land filling or land reshaping) shall be carried out before issuance of the Building Certificate, where a Building Certificate is required.
Construction Certificate
Building Work to be in Accordance with BCA
External finishes and colors must be in accordance with the details submitted with the development application and approved with this permission.
Provision of Parking Spaces
Number of Staff and Children
Air Conditioner Location and Operation
Acoustic Requirements
Management of Construction Waste
This can be achieved by on-site source separation, i.e. metal scrap bin, wood bin, brick bin etc.
Disposal of Surplus Excavated Material
Commencement of Business Waste Service
Construction of Business Bin Store Area
Receipts for all waste/recycling deposits must be kept on site at all times and produced in legible form to any authorized officer of the Council who asks to see them. Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square meters or more of asbestos sheets) must provide information to the NSW EPA regarding the movement of waste using their WasteLocate online reporting tool www.wastelocate.epa.nsw.gov .au.
Planting Requirements
The premises must have an appropriate sign provided by the council, placed in a visible place on the interior wall and must be permanently maintained. A specialist contractor should be engaged for the regular collection and disposal of soiled diapers from the development.
Protection of Public Infrastructure
Structures Adjacent to Piped Drainage Easements
Vehicular Access and Parking
All driveways and car parking areas shall be separated from landscaped areas by a low level concrete curb or wall. All roads and car park areas must be graded, collected and drained by pits and pipes to a suitable legal discharge point.
Restriction on Service Vehicles/ Basement Access
All driveways and car parking areas shall be prominently and permanently marked, marked and maintained to ensure that access and egress are in a forward direction at all times and that parking and traffic circulation are appropriately controlled.
Roller Shutter/ Basement Access
Vehicular Crossing Request
Minor Engineering Works
The entire site area must be graded, collected and drained by pits and pipes to a suitable point of legal discharge. d) Inter-allocation Stormwater Drainage (Adjustment). The site should be graded to its lowest point where a grated surface intake pit should be provided.
Education and Care Services National Regulations
These works must be amended before the subdivision is completed to remove this conflict. Alternatively, the line/easement will have to be adjusted as part of the works included in this development. Specifically, runoff from lots 1 and 20 in that plan must be able to be drained through the area in question (lots 2, 3, 4 and 5 in that plan) and to a legal point for stormwater drainage, namely via the easement that extends south over lots 6 to 12 in that plan and/or Balmoral Road itself.
As above, each lot shall be uniformly graded to its lowest point where a grated surface inlet pit shall be provided.
Section 7.12 Contribution
Security Bond Requirements
Stormwater Pump/ Basement Car Park Requirements
Security Bond – Road Pavement and Public Asset Protection
If the cost of repairing any damage exceeds the value of the deposit, the Council will undertake the work and issue an invoice to reimburse these costs.
Registration of Subdivision
Approved Plans to be Submitted to Sydney Water
Crash Barrier
Special Infrastructure Contribution – Growth Centres
Builder and PCA Details Required
Erecting suitable fencing or other measures to restrict public access to the construction site and construction work, materials or equipment when construction work is not in progress or the construction site is otherwise vacant. Placing a sign, in a prominent place, stating that unauthorized access to the premises is not allowed and stating the name and telephone number of the contact person after hours. In the case of a privately certified development, the name and contact number of the main certifying authority.
Consultation with Service Authorities
Approved Temporary Closet
Erosion and Sedimentation Controls
Soil and Water Management Plan
Erosion & Sediment Control Plan Kept on Site
Discontinuation of Domestic Waste Service
Before work begins, the location of waste disposal and recycling for all construction waste materials (brick, concrete, timber, etc.) must be submitted to and approved by the primary certifying authority. Alternatively, details of a duly authorized bin hire company or site cleaning company can be provided where the company is engaged to carry out all works during the construction of the development (collection, transport and disposal).
Traffic Control Plan
Public Infrastructure Inventory Report
Compliance with Critical Stage Inspections and Inspections Nominated by the PCA
Construction Noise
Contamination
The report must be submitted to the Head of Council - Environment and Health for review prior to re-commencing work on the site.
Stockpiles
Dust Control
Construction and Fit-out of Food Premises
Hand Wash Basin in Food Premises
A food business must be registered with The Hills Shire Council before any occupation certificate can be issued. To register with the Council, complete and submit the food business registration form available on the Council's website.
Acoustic Compliance Report
Food Premises Final Inspection
Landscaping Prior to Issue of any Occupation Certificate
Completion of Engineering Works
Public Infrastructure Inventory Report - Post Construction
Pump System Certification
Before an Occupation Certificate is issued, the following positive restrictions/covenants must be recorded on the subject site title via the agreement/request document or section 88B instrument attached to a plan. The subject area should be loaded with a limitation and a positive using the terms "basement storm water pump system" included in the standard recitals.
Rainwater Tank
Hours of collection of waste
Numbers of children in the outdoor play area at any one time
How parents should behave when dropping off and picking up, including outlining noise minimization strategies to be used by parents;. How staff members should behave, including setting out noise minimization strategies to be employed by staff;. Provision of information for neighbours, including the issue of the noise management plan to any potentially affected neighbour, a complaints register and contact details of the person responsible for investigating objectionable noise complaints;.
Actions to be taken in the event of excessive noise from people within the parking area or noise emanating from the childcare centre; and.
Noise Management Signage
Prior to the issue of an occupation certificate, including a temporary occupation certificate, a noise management plan must be submitted to the Manager – Environment & Health at Hills Shire Council. Limits on the number of children outside at any one time, including clear programming details, how this will work and how it will be monitored;.
Noise Management Plan to be kept on site
Noise Management Plan Review
New Holland Drive 1, Kellyville - New Holland Drive 3, Kellyville - New Holland Drive 5, Kellyville - New Holland Drive 6, Kellyville 69. Any lighting on the premises must be designed so as not to cause a nuisance to other residences in the area. or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area through light overflow.
Final Acoustic Report
Offensive Noise - Acoustic Report
Offensive Noise
Noise to Surrounding Area
Proposed sites 6 to 9 on the low side of the proposed private road encroach on the high quality vegetation and fauna habitat located on a steep, inaccessible area below the cliff line which coincides with the mapped terrestrial biodiversity layer of The Hills Local Environmental Plan 2012. The proposal is classified as Integrated Development under Section 4.46 of the Environmental Planning and Assessment Act 1979, as it seeks to subdivide bushfire-prone land. The applicant has been notified of the RFS pre-submission service where the concept can be discussed prior to submission of the development application to determine whether the concept is appropriate in relation to bushfire safety.
In April 2016, a warrant was issued to the landowner for unauthorized clearing of 1.8 hectares of native vegetation within the mapped portion of the LEP Terrestrial Biodiversity Layer of the site. The order was held in abeyance to allow a VMP to be implemented in relation to a subdivision of the rural cluster of the area. As this development application is recommended for refusal, the Site Remediation Order subject to unauthorized clearance will be pursued separately.
It is recognized that the site is suitable for a "land cluster" subdivision development; if the rural residential areas were concentrated on the eastern part of the site between the Old Northern Road and the new (private) road described earlier. As illustrated in Appendix 7, part of the site was previously used as a "market garden", also noting that this was an unapproved use. The Council's Environmental Health Team have reviewed this study and are satisfied that the site can be made suitable for the planned rural housing purposes; subject to the imposition of appropriate conditions relating to the remediation of the contaminated parts of the site addressing clause 7 of the SEPP above.
The applicant was required to substantially amend their plan to reduce the overall footprint of the development by containing the planned rural residential areas within the cleared portion of the site fronting Old North Road, outside the mapped biodiversity area and steepest slope area. slope and the corresponding rock face.
The Hills Development Control Plan 2012
No hatchet-shaped lots are suggested; all the proposed plots have direct frontage and access to the planned new road. However, as discussed, this results in overdevelopment of the site due to the ecological constraints and bushfires described earlier. All the proposed plots have direct frontage and access to the planned new (private) road.
In summary, the tone of the letter and the discussions during the recent meeting between council staff and the applicant/owner have sought to denigrate the quality of the vegetation and fauna on the site in support of the proposed lot division. The location is suitable for a rural cluster development if the residential plots are concentrated on the eastern part of the location. The proposal is not in accordance with the objectives of the zone RU2 Rural Landscape as included in the Local Environmental Plan The Hills 2012 with regard to the negative effects on the rural landscape, with regard to vegetation, due to the required level of clearing.
