ASSESSMENT UNIT

(1)

DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 21 April 2020

T O S T R I V E F O R B E T T E R T H I N G S

(2)

DEVELOPMENT ASSESSMENT UNIT MEETING 21 APRIL, 2020

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 1379/2019/LD - SINGLE STOREY DWELLING AND RETAINING WALLS - LOT 1 DP 1233280, NO. 49 MCCLYMONTS ROAD, MARAYLYA

5

(3)

PAGE 3 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 14 APRIL 2020

PRESENT

Cameron McKenzie Group Manager – Development & Compliance (Chair) Paul Osborne Manager – Development Assessment

Ben Hawkins Manager – Subdivision & Development Certification Angelo Berios Manager – Environment & Health

Craig Woods Manager – Regulatory Services Nicholas Carlton Manager – Forward Planning Kristine McKenzie Principal Executive Planner

APOLOGIES Nil

TIME OF COMMENCEMENT 8:30am

TIME OF COMPLETION 8:58am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 7 April 2020 be confirmed.

ITEM-2 DA 1004/2019/HA - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF AN ATTACHED DUAL OCCUPANCY - LOT 293 DP 237140, 66 BURRANDONG CRESCENT BAULKHAM HILLS

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

DECISION:

The application be approved subject to the conditions in the report.

(4)

PAGE 4 REASONS FOR THE DECISION

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

 The Hills LEP 2019 – Satisfactory.

 SEPP (BASIX) 2004 – Satisfactory

 DCP Part B Section 3 – Dual Occupancy – Variations, see report.

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

 Section 7.12 Contribution: $7,362.95

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION:

The development application was notified and five (5) submissions were received. Two further submissions from adjoining property owners were tabled and discussed at the meeting.

The allegation of illegal tree removal will be investigated.

END MINUTES

(5)

PAGE 5 ITEM-2 DA 1379/2019/LD - SINGLE STOREY DWELLING AND RETAINING WALLS - LOT 1 DP 1233280, NO. 49 MCCLYMONTS ROAD, MARAYLYA

THEME: Shaping Growth

OUTCOME: 5 Well planned and liveable neighbourhoods that meets growth targets and maintains amenity.

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.

MEETING DATE: 21 APRIL 2020

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR TOWN PLANNER

MITCH ANDERSON

RESPONSIBLE OFFICER: KRISTINE MCKENZIE

PRINCIPAL EXECUTIVE PLANNER

Applicant McDonald Jones Homes Pty Ltd

Owner Cedric Paul Vivian

Notification 14 days Number Advised Seven Number of Submissions One

Zoning RU6 Transition

Site Area 44,210m²

List of all relevant s4.15(1)(a) matters

Section 4.15 (EP&A Act) – Satisfactory.

LEP 2012 – Satisfactory.

SEPP BASIX 2004 – Satisfactory

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

DCP Part B Section 1 – Rural – Variation, see report.

Section 7.12 Contribution: $5,010.70 Political Donation None Disclosed

Reasons for Referral to DAU 1. Variation to DCP.

2. Submission received.

Recommendation Approval

EXECUTIVE SUMMARY

The Development Application is for the construction of a single storey dwelling and associated retaining walls.

(6)

PAGE 6 The proposal has been assessed under the provision of DCP Part B Section 1 – Rural and satisfies the controls with the exception of the maximum cut and fill levels. The DCP requires a maximum cut of 1m and fill of 600mm whilst the proposal is for a maximum cut of 1.42m and maximum fill of 1.99m. However, the extent of cut and fill is not visible from McClymonts Road or neighbouring properties and is considered reasonable given the topography of the site and the general setback of the dwelling to any boundary.

The application was notified for 14 days and one submission was received. The issues raised primarily relate to noise during the construction and from future occupation of the dwelling and potential economic impacts to the adjoining eco-tourist facility. The proposed dwelling is consistent with a number of the surrounding neighbouring properties containing single dwellings on large rural lots. The proposed dwelling is not considered to be a land use of high acoustic generation. The dwelling once constructed is unlikely to result in unreasonable acoustic impacts to adjoining properties.

The application is recommended for approval subject to conditions of consent.

BACKGROUND

On 7 April 2000 Development Application 2884/2000/HA was approved for a recreational facility, four cabins and a tennis court. At that time the site was known as ‘Bingle Tree’ 51 McClymonts Road.

On 17 September 2014 a subdivision application was approved under Development Application 560/2014/ZB which subdivided No. 51 McClymonts Road into Lots 1-4. Lot 1 contains the four cabins which are used for temporary accommodation, Lot 2 contains the tennis court and Lot 3 contains the recreation facility. The subject application is on Lot 1 which is now No. 49 McClymonts Road.

The subject application was lodged on 18 March 2019. Further information was requested on 9 April 2019 in relation to bushfire, stormwater and planning matters including the location of retaining walls and the placement of windows. Amended plans were received on 30 May 2019 including a bushfire report, driveway and stormwater plans and amended architectural plans.

Following a site inspection on 24 June 2019, further amended plans were requested to address concerns regarding the detail on driveway plans, stormwater plans and earthworks associated with the effluent management area. An amended waste water report was received on 17 July 2019 which only partially addressed the concerns raised in the letter dated 24 June 2019.

A letter was sent to the applicant on 3 September 2019 indicating that insufficient information had been provided to make a complete assessment of the Development Application advising that the application would be determined in 14 days unless the requested information was submitted. On 17 September 2019 the applicant requested an extension of time to respond to the outstanding matters.

The applicant submitted amended stormwater plans on 26 September 2019 and a further wastewater report was received on 9 October 2019. However, the submitted information did not adequately address previous concerns with respect to wastewater and engineering.

A further letter was sent to the applicant on 23 January 2020 as insufficient information had been provided to make a complete assessment of the Development Application and which

(7)

PAGE 7 advised that the application would be determined within seven days unless the outstanding information was provided.

Additional information was provided on 28 January 2020 which satisfied Council’s Engineering and Environment and Health concerns.

PROPOSAL

The Development Application is for the construction of a single storey dwelling and retaining walls. The dwelling includes four bedrooms, a home office, children’s activity room, home theatre, family and dining rooms and a large alfresco area.

Retaining walls are proposed to the front south west corner of the dwelling and the rear north eastern elevation of the dwelling to assist with containing the internal and external fill. The walls are tiered along the eastern elevation at the rear of the property that backs onto bushland which assists in stabilising the proposed fill around the dwelling. Deepened edge beams are proposed along the north and north-eastern elevation. A total of 35 trees will be removed in order to create the building platform as well as to provide an area for effluent management.

ISSUES FOR CONSIDERATION

1. Compliance with DCP – Part B Section 1 – Rural

The proposal has been assessed against the provisions of DCP Part B Section 1 – Rural and achieves compliance with the relevant requirements of the DCP with the exception of the following:

DEVELOPMENT CONTROL

DCP

REQUIREMENTS

PROPOSED DEVELOPMENT

COMPLIANCE Cut and Fill Maximum 1m cut

Maximum 600mm fill

1.42m cut

1.99m fill (1.029m fill contained within a deepened edge beam).

No, however the cut and fill responds to the slope of the site.

a) Cut and Fill

The DCP requires a maximum cut of 1m and maximum fill of 600mm. The proposal includes a maximum cut of 1.42m and maximum fill of 1.99m (1.029m fill contained within a deepened edge beam) which exceeds the control.

The applicant has provided the following justification for the variation:

The control within The Hills DCP 2012 states that the maximum cut permitted is 1m and 600mm of fill for a development. The proposed development requires a maximum terraced cut of 1.42m and a maximum 1.997m of terraced fill, with a max. 1.029m fill contained within a DEB. This is directly due to the topography of the site.

The site contains a steep, irregular slope across the large site creating difficulty in siting a dwelling without a variation to this control. Stepping of the single storey dwelling would have a detrimental impact on the internal amenity without any apparent benefit to the overall

(8)

PAGE 8 design. The cut is also proposed to be terraced to ensure minimal impact upon the drainage system and streetscape.

The rural nature of the site, and large setbacks provided to all boundaries will ensure the dwelling does not have any significant detrimental impact upon any adjoining properties. A suitable drainage system will be in place to ensure the site works will not result in any excess runoff to or from the development. The proposed cut and fill will not have any detrimental impact upon the bulk and scale of the dwelling due to the large setbacks trees provided to screen the development from adjoining properties.

The proposed cut and fill is still capable of meeting with Councils statement of outcomes as the scale and siting of the dwelling will still maintain the rural feel of the site and larger area.

The cut and fill is considered reasonable in this case and as such, it is requested a variation be considered in this instance.

Comment:

The DCP provides the following statement of outcomes for New Development:

The scale, siting and visual appearance of new development maintains the open rural feel of the landscape and preserves scenic and environmental qualities of the area.

The location of new rural/ residential development is to have regard to the potential impacts arising from existing adjacent rural business activities.

Whilst the topography of the site is relatively steep across the entire site, the dwelling is appropriately located on a portion of land with a moderate gradient requiring the least amount of earthworks. Notwithstanding this, the levels in the part of the site where the dwelling is located varies from RL 37.09 at the front of the site and slopes to RL 33.8 at the rear of the alfresco, being approximately 3.29m fall from front to rear of the dwelling.

The side and rear setbacks are in excess of the required 5m requirement of the DCP. In this regard the dwelling is located 19.97m from the rear boundary, 63.86m from the western (side) boundary and 120.44m from the eastern (side) boundary. The topography of the site also ensures that any stormwater will fall towards the vacant bushland to the rear of the site and will not impact on adjoining properties.

The dwelling is surrounded by bushland and an escarpment to the north and north east boundary which result in negligible impacts when viewed from the streetscape and the open rural feel of the landscape is maintained.

In this regard, the variation is considered satisfactory.

2. Issues Raised in Submissions

The proposal was notified for 14 days and one submission was received. The issues raised in the submission are summarised below:

(9)

PAGE 9

ISSUE/OBJECTION COMMENT

Concern is raised regarding detrimental noise impacts to the adjoining eco- tourist facility. In particular concern is raised regarding noise during construction and acoustic impacts from future occupants of the dwelling.

An eco-tourist facility adjoins the subject site to the west. There are a number of large trees and a relatively steep escarpment that separate the two properties.

The proposed dwelling is set back approximately 63m from the common property boundary and approximately 160m from the closest existing structure on the adjoining site (See Attachment 3).

The set-back contains vegetation and a private road between the two lots.

A condition has been recommended which limits the hours of construction to 7am to 5pm Monday to Saturday with no work permitted on Sunday or Public Holidays. A further condition of consent has been recommended in regards to rock breaking noise which is restricted to Monday to Friday between 9am and 3pm (See Conditions 27 and 28).

It is noted that the condition also requires the builder/contractor to be responsible to instruct and control sub-contractors regarding the hours of work.

Should offensive noise result from the use of the dwelling or site, this will be investigated by Council’s Health & Environment Team if warranted.

Request for high acoustic construction noise such as excavation and rock hammering to be limited to between the hours of 9am to 11am and 3pm to 5pm Monday to Friday.

It is acknowledged that rock breaking will result in additional noise impacts when compared to standard construction work. In this regard, a condition of consent has been recommended requiring rock breaking to be restricted to Monday – Friday (9am to 3pm). (See Condition 28).

Request for compensation from Council if the eco-tourist business carried out at McClymonts Road is interfered or reputation damaged.

The proposed development is for a single dwelling. A dwelling is a permitted land use within the RU6 Transition zone under LEP 2012. It is considered that the acoustic amenity resulting from the proposed development is typical to that of a single dwelling on a large rural lot and as such will not unreasonable impact on the existing eco-tourist facility. Council is not responsible for compensation.

(10)

PAGE 10 Requests an acoustic engineer

unertake a review of the building work proposed and make recommendations for acoustic fencing to reduce noise during construction.

The request for an acoustic specialist is not warranted for the development of a single dwelling. The usual construction noise for a dwelling would include machinery for earthworks and lot regrading, nail guns, hammers and drills all which are used when needed and not consistently for long periods of time. Should the construction continue outside of the approved hours of work and a complaint be received, Council’s Development Monitoring team may investigate if warranted.

Requests a condition that no noisy activities can be carried out on the property. (ie motorbikes)

If an offensive noise complaint regarding the use of motor bikes on private property is received by Council it may be investigated.

The Protection of the Environment Operations (Noise control) Regulation 2000, Section 13 states:

13. A person must not cause or permit a motor vehicle to be used in a place (other than on a road) in such a manner that it emits offensive noise.

3. External Referrals

The application was referred to the NSW Rural Fire Service. No objection was raised subject to the imposition of a condition (See Condition 13).

4. Internal Referrals

The application was referred to following sections of Council:

 Subdivision Engineering

 Environmental Health

 Ecology

 Tree Management

No objection was raised to the proposal subject to conditions.

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, Local Environmental Plan 2012 and Development Control Plan Part B Section1 - Rural and is considered satisfactory.

The issues raised in the submission have been addressed in the report and do not warrant refusal of the application.

Approval is recommended subject to conditions.

(11)

PAGE 11 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 subject application is approved subject to conditions.

GENERAL MATTERS

1. Development in Accordance with Submitted Plans

The development being carried out in accordance with the following approved plans and details, stamped and returned with this consent except where amended by other conditions of consent.

REFERENCED PLANS AND DOCUMENTS DRAWING

NO.

DESCRIPTION SHEET REVISION DATE

605099 Site Plan 3/16 9 14/01/2019

605099 Floor Plan 4/16 9 14/01/2019

605099 Elevations & Section 7/16 9 14/01/2019

605099 Elevation 8/16 9 14/01/2019

605099 Landscape Plan 1/1 5 19/02/2019

605099 Colours Plan 1/2 - -

605099 Schedules Plan 2/2 - -

No work (including excavation, land fill or earth reshaping) shall be undertaken prior to the issue of the Construction Certificate, where a Construction Certificate is required.

2. Tree Removal

Approval is granted for the removal of 35 trees marked for removal on the Site plan prepared by Taylor Surveying dated 29/08/19 FEF NO 1813.

All other trees are to remain and are to be protected during all works. Suitable replacement trees are to be planted upon completion of construction.

3. Replacement Planting Requirements

To maintain the treed environment of the Shire ten (10) advanced (25 litres) replacement trees from the following list are to be planted elsewhere within the property greater than 20m from the dwelling:

(12)

PAGE 12 Ceratopetalum gummiferum NSW Christmas Bush

Elaeocarpus reticulatus Blueberry Ash Glochidion ferdinandii Cheese Tree

Melaleuca decora White Feather Honeymyrtle

Tristaniopsis laurina Water Gum

Angophora bakerii Narrow-leaved Apple

Corymbia eximia Yellow Bloodwood

Syncarpia glomulifera Turpentine

Angophora costata Smooth barked Apple

Angophora floribunda Rough-barked Apple

Corymbia gummifera Red Bloodwood

Eucalyptus acmenoides White Mahogany

Eucalyptus creba Narrow Leaved Ironbark

Eucalyptus fibrosa Broad leaved Ironbark

Eucalyptus punctata Grey Gum

Eucalyptus tereticornis Forest Red Gum 4. Imported ‘Waste Derived’ Fill Material

The only waste derived fill material that may be received at the development site is:

 virgin excavated natural material (within the meaning of the Protection of the Environment Operations Act 1997); or

 any other waste-derived material the subject of a resource recovery exemption under clause 93 of the Protection of the Environment Operations (Waste) Regulation 2014 that is permitted to be used as fill material.

Any waste-derived material the subject of a resource recovery exemption received at the development site must be accompanied by documentation as to the material’s compliance with the exemption conditions and must be provided to the Principal Certifier on request.

5. Vehicular Access and Parking

The formation, surfacing and drainage of all driveways, parking modules, circulation roadways and ramps are required, with their design and construction complying with:

 AS/ NZS 2890.1

 DCP Part C Section 1 – Parking

 Council’s Driveway Specifications

Where conflict exists the Australian Standard must be used.

The following must be provided:

 All driveways and car parking areas must provide for a formed all weather finish.

 All driveways and car parking areas must be graded, collected and drained by pits and pipes to a suitable point of legal discharge.

6. 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.

(13)

PAGE 13 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 must be built to Council’s rural standard.

b) Site Stormwater Drainage

The entire site area must be graded, collected and drained by pits and pipes to a suitable point of legal discharge, generally in accordance with the Stormwater Plan Revision A dated 03/12/2019 prepared by Ibrahim Stormwater Consultants, with the following necessary changes:

 Only roof drainage from the dwelling is to be directed to the existing 120,000 litre underground rainwater tank. Surface drainage is to be appropriately managed by directing it to the existing point of legal discharge.

 If the existing overflow measures are not found to be in satisfactory condition (as mentioned on the Stormwater Plan), the stormwater runoff is to be dispersed over the rear of the site via a level spreader/ energy dissipater to be designed by a hydraulic engineer in accordance with the Council’s requirements and a detailed design plan showing full construction details must be included with the documentation approved as part of any Construction Certificate.

c) Earthworks/ Site Regrading

Earthworks and retaining walls are limited to those locations and heights shown on the concept engineering plan prepared by Ibrahim Stormwater Consultants Revision A. Where earthworks are not shown on the approved plan the topsoil within lots must not be disturbed.

7. External Finishes

External finishes and colours shall be in accordance with the details submitted with the development application and approved with this consent.

8. 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 an Accredited Certifier.

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

9. 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.

10. Adherence to Waste Management Plan

All requirements of the Waste Management Plan submitted as part of the Development Application must be implemented except where contrary to other conditions of consent. The information submitted regarding construction and demolition wastes can change provided that the same or a greater level of reuse and recycling is achieved as detailed in the plan.

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. 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.

(14)

PAGE 14 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.

11. 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.

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.

12. 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.

13. Bushfire Requirements - BAL 29 – Rural i) Asset Protection Zones

At the commencement of building works and in perpetuity the property around the building to a distance of 50m (North), 40m (East), 20m (South), 63m (West) metres and shall be maintained as an Inner Protection Area (IPA) as outlined below:

The Inner Protection Area shall comprise of the following:

● minimal fine fuel at ground level;

● vegetation that does not provide a continuous path to building/s for the transfer of fire;

● shrubs and trees that do not form a continuous canopy and vegetation is planted/cleared into clumps rather than continuous rows;

● species that retain dead material or deposit excessive quantities of ground fuel are avoided;

● shrubs and trees are pruned or removed so they do not touch or overhang the building/s; and

(15)

PAGE 15

● vegetation is located far enough away from the building/s so that plants will not ignite the building/s by direct flame contact or radiant heat emission.

The outer protection area shall comprise of the following:

● vegetation that does not provide a continuous path for the transfer of fire; and

● fuel loadings are maintained below 8 tonnes per hectare by mowing, slashing or other approved hazard reduction methods.

To allow for emergency service personnel and residents to undertake property protection activities, a defendable space that permits unobstructed pedestrian access is to be provided around the building.

(ii) Water and Utilities

a) Water, electricity and gas are to comply with section 4.1.3 of Planning for Bush Fire Protection 2006.

b) A minimum (20,000) litre Static Water Supply shall be provided for firefighting purposes. The Static Water Supply shall comply with the following requirements of section 4.1.3 of Planning for Bushfire Protection 2006:

● The static water supply shall be a water tank.

● Above ground tanks are to be manufactured of concrete or metal and raised tanks must have their stands protected. Tanks on the hazard side of a building are to provide adequate shielding for the protection of fire fighters.

● Underground tanks have an access hole of 200mm to allow tankers to refill direct from the tank. A hardened ground surface for truck access is to be supplied within 4 metres of the access hole.

● A suitable connection for firefighting purposes (65mm storz outlet with gate or ball valve) is made available on the tank or within the IPA.

● All plumbing associated with the water supply (fittings, taps, outlets, pipes) shall be metal.

iii) Access

Property access roads shall comply with the following requirements of section 4.1.3 (2) of Planning for Bush Fire Protection 2006 where applicable:

Matters below to be reviewed with each application.

 At least one alternative property access road is provided for individual dwellings (or groups of dwellings) that are located more than 200 metres from a public through road.

 Access to a development comprising more than three dwellings have formalised access by dedication of a public road and not by right of way (ROW).

 The road has a minimum carriageway width of 4 metres for rural-residential areas, rural landholdings or urban areas with a distance of greater than 70 metres from the nearest hydrant point to the most external part of a proposed building (or footprint).

Any carriageway constriction along the road must be no less than 3.5 metres in width and for a distance of no greater than 30 metres.

 In forest, woodland and heath situations, rural property access roads have passing bays every 200 metres that are 20 metres long by 2 metres wide, making a minimum trafficable width of 6 metres at the passing bay, minimum vertical clearance of 4 metres is provided to any overhanging obstruction, including tree branches.

(16)

PAGE 16

 A loop road around the dwelling or a turning circle with a minimum 12 metre outer radius is provided.

 Curves have a minimum inner radius of 6 metres and are minimal in number to allow for rapid access and egress. The minimum distance between the inner and outer curves is 6 metres.

 Maximum grades for sealed roads do not exceed 15 degrees and not more than 10 degrees for unsealed roads. The crossfall does not exceed 10 degrees.

 Pavements and bridges are capable of carrying a load

A minimum 5hp/3kW petrol or diesel powered pump shall be made available and shielded from potential bushfire threat. Connection of the tank outlet to the pump may require a 65mm to 38mm reducer storz fitting.

A hose with a diameter not less than 19mm, fire-fighting nozzle and fittings suitable for connection to the pump, shall be provided. The hose shall be capable of reaching all elevations of the dwelling.

A SWS marker shall be obtained from the local NSW Rural Fire Service Fire Control Centre or NSW Fire Brigade Station once the SWS has been installed. The marker once issued is to be placed at the front of the property either:

a) On the front fence – facing the road; OR b) On the letterbox – facing the road.

iv) Design and Construction

a) New construction shall comply with section 3 and section 7 (BAL 29) Australian Standard AS3959 ''Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of ''Planning for Bush Fire Protection''.

b) All Class 10 structures as defined per the ''Building Code of Australia'' attached to or within 10 metres of the habitable building shall comply with section 7 (BAL 29) Australian Standard AS3959 ''Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of ''Planning for Bush Fire Protection''.

c) Where fitted, leaf protection to stop the accumulation of debris to new roofing valleys and guttering shall be non-combustible.

v) Landscaping

Landscaping to the site is to comply with the principles of Appendix 5 of Planning for Bush Fire Protection 2006. In this regard the following landscaping principles are to be incorporated into the development:

● Grassed areas/mowed lawns/ or ground cover plantings being provided in close proximity to the building;

● Restrict planting in the immediate vicinity of the building which may over time and if not properly maintained come in contact with the building;

● Planting should not provide a continuous canopy to the building (i.e. trees or shrubs should be isolated or located in small clusters);

● When considering landscape species consideration needs to be given to estimated size of the plant at maturity;

● Avoid species with rough fibrous bark or which retain/shed bark in long strips or retain dead material in their canopies;

(17)

PAGE 17

● Use smooth bark species of trees species which generally do not carry a fire up the bark into the crown;

● Avoid planting of deciduous species that may increase fuel at surface/ ground level (i.e. leaf litter);

● Avoid climbing species to walls and pergolas;

● Locate combustible materials such as woodchips/mulch, flammable fuel stores away from the building;

● Use of low flammability vegetation species.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 14 Section 7.12 Contribution

Pursuant to section 4.17 (1) of the Environmental Planning and Assessment Act 1979, and The Hills Section 7.12 Contributions Plan, a contribution of $5,010.70 shall be paid to Council. This amount is to be adjusted at the time of the actual payment in accordance with the provisions of the Hills Section 7.12 Contributions Plan.

The contribution is to be paid prior to the issue of the Construction Certificate.

You are advised that the maximum percentage of the levy for development under section 7.12 of the Act having a proposed construction cost is within the range specified in the table below;

Proposed cost of the development Maximum percentage of the levy

Up to $100,000 Nil

$100,001 - $200,000 0.5 %

More than $200,000 1%

15. Application to Install/Amend a system of Sewage Management

Prior to the issue of any Construction Certificate, applications under Section 68 of the Local Government Act 1993 are to be made to install or amend the systems of sewage management for the dwelling and cabins. The applications shall comply with:

a) Local Government (General) Regulation 2005; and

b) Appendix 2 – Installation of a Sewage Management Facility of The Hills Shire Council’s Local Approvals Policy (2018).

PRIOR TO WORK COMMENCING ON THE SITE 16. Protection of Existing Trees

The trees that are to be retained are to be protected during all works strictly in accordance with AS4970- 2009 Protection of Trees on Development Sites.

At a minimum a 1.8m high chain-wire fence is to be erected at least three (3) metres from the base of each tree within close proximity to works and is to be in place prior to works commencing. The following activities are restricted within the Tree protection zone of all trees within the site:

 Stockpiling of materials within the tree protection zone,

 Placement of fill within the tree protection zone,

 Parking of vehicles within the tree protection zone,

 Compaction of soil within the tree protection zone.

(18)

PAGE 18 All areas within the tree protection zone are to be mulched with composted leaf mulch to a depth of not less than 100mm.

A sign is to be erected indicating the trees are protected.

The installation of services within the tree protection zone is not to be undertaken without prior consent from Council.

17. Erosion and Sedimentation Controls

Erosion and sedimentation controls shall be in place prior to the commencement of site works and maintained throughout construction activities, until the site is landscaped and/or suitably revegetated. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction (Blue Book) produced by the NSW Department of Housing.

This will include, but not be limited to a stabilised access point and appropriately locating stockpiles of topsoil, sand, aggregate or other material capable of being moved by water being stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

18. Sydney Water Building Plan Approval

A building plan approval must be obtained from Sydney Water Tap in™ to ensure that the approved development will not impact Sydney Water infrastructure.

A copy of the building plan approval and receipt from Sydney Water Tap in™ (if not already provided) must be submitted to the Principal Certifier upon request prior to works commencing.

Please refer to the website http://www.sydneywater.com.au/tapin/index.htm, Sydney Water Tap in™, or telephone 13 20 92.

19. Management of Building Sites

The erection of suitable fencing or other measures to restrict public access to the site and building works, materials or equipment when the building work is not in progress or the site is otherwise unoccupied.

The erection of a sign, in a prominent position, stating that unauthorised entry to the site is not permitted and giving an after hours’ contact name and telephone number.

20. Consultation with Service Authorities

Applicants are advised to consult with Telstra, NBN Co and Australia Post regarding the installation of telephone conduits, broadband connections and letterboxes as required.

Unimpeded access must be available to the electricity supply authority, during and after building, to the electricity meters and metering equipment.

21. Approved Temporary Closet

An approved temporary closet connected to the sewers of Sydney Water, or alternatively an approved chemical closet is to be provided on the land, prior to building operations being commenced.

22. Erosion and Sedimentation Controls

Erosion and sedimentation controls shall be in place prior to the commencement of site works; and maintained throughout construction activities until the site is landscaped and/or suitably revegetated. The controls shall be in accordance with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

(19)

PAGE 19 23. Stabilised Access Point

A stabilised all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised. The controls shall be in accordance with the requirements with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

24. Details and Signage - Principal Contractor and Principal Certifier Details

Prior to work commencing, submit to the Principal Certifier notification in writing of the principal contractor’s (builder) name, address, phone number, email address and licence number.

No later than two days before work commences, Council is to have received written details of the Principal Certifier in accordance with Clause 103 of the Environmental Planning and Assessment Regulations 2000.

Signage

A sign is to be erected in accordance with Clause 98A(2) of the Environmental Planning and Assessment Regulations 2000. The sign is to be erected in a prominent position and show – a) the name, address and phone number of the Principal Certifier for the work,

b) the name and out of working hours contact phone number of the principal contractor/person responsible for the work.

The sign must state that unauthorised entry to the work site is prohibited.

DURING CONSTRUCTION

25. Tree Removal & Fauna Protection

Trees with hollows shall be lopped in such a way that the risk of injury or mortality to fauna is minimised, such as top-down lopping, with lopped sections gently lowered to the ground, or by lowering whole trees to the ground with the “grab” attachment of a machine.

Any injured fauna is to be placed into the hands of a wildlife carer (please note only appropriately vaccinated personnel are to handle bats).

26. Stockpiles

Stockpiles of topsoil, sand, aggregate or other material capable of being moved by water shall be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

27. 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.

28. Rock Breaking Noise

Rock breaking as part of the excavation and construction processes is to be restricted to between the hours of 9am to 3pm, Monday to Friday.

(20)

PAGE 20 29. Roof Water Drainage

Gutter and downpipes to be provided and connected to an approved drainage system upon installation of the roof covering.

30. Compliance with BASIX Certificate

Under clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a condition of this Development Consent that all commitments listed in BASIX Certificate No.

997492S is to be complied with. Any subsequent version of this BASIX Certificate will supersede all previous versions of the certificate.

31. Critical Stage Inspections and 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.

32. Landscaping Works

Landscaping works, associated plantings and the construction of any retaining walls are to be undertaken generally in accordance with the approved plans.

33. Dust Control

The emission of dust must be controlled to minimise nuisance to the occupants of the surrounding premises. In the absence of any alternative measures, the following measures must be taken to control the emission of dust:

 Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the construction work;

 All dusty surfaces must be wet down and suppressed by means of a fine water spray. Water used for dust suppression must not cause water pollution; and

 All stockpiles of materials that are likely to generate dust must be kept damp or covered.

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE

34. Installation/Amendment of System of Sewage Management

Prior to the issue of any Occupation Certificate, the on-site sewage management system shall be installed or amended in accordance with an approval issued pursuant to an application made under section 68 of the Local Government Act 1993.

35. 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.

36. Retaining Walls

All retaining walls shown on the approved plans shall be completed prior to the issue of an Occupation Certificate.

(21)

PAGE 21 THE USE OF THE SITE

37. Management of Area Subject to Weed Management Plan (WMP)

Any area that is subject to a Weed Management Plan (WMP) titled Weed Management Plan (WMP) for part of Lot 105 DP 787509, McClymonts Road, Maraylya, New South Wales prepared by Hawkeswood Scientific Consulting dated 16 May 2016 (Council approved version received 7 May 2017) shall be managed in accordance with the approved WMP in perpetuity by the property owner/s.

38. Maintenance of Landscaping Works

The landscaping works, associated plantings and construction of retaining walls are to be effectively maintained at all times and throughout the life of the development.

39. Existing Cabins

The four existing cabins are to be used for temporary accommodation in accordance with the approved conditions of consent under Development Application 2884/2000/HA.

ATTACHMENTS 1. Locality Plan 2. Aerial Photograph 3. Site Plan

4. Part Site Plan

5. Elevations and Section 6. Elevations

7. Landscape Plan

(22)

PAGE 22 ATTACHMENT 1 – LOCALITY PLAN

(23)

PAGE 23 ATTACHMENT 2 – AERIAL PHOTOGRAPH

(24)

PAGE 24 ATTACHMENT 3 – SITE PLAN

(25)

PAGE 25 ATTACHMENT 4 - PART SITE PLAN

(26)

PAGE 26 ATTACHMENT 5 – ELEVATIONS AND SECTION

(27)

PAGE 27 ATTACHMENT 6 – ELEVATIONS

(28)

PAGE 28 ATTACHMENT 7 – LANDSCAPE PLAN