ITEM-2 DA 1569/2008/HC/F - SECTION 4.55 (1A) MODIFICATION TO HOMEWORLD 5 EXHIBITION VILLAGE - EXTENSION OF DISPLAY PERIOD FOR AN EXTRA 12 MONTHS - LAND GENERAL RESTRICTED BY BRODRICK BOULEVARD, HARTIGAN AVENUE, CARDELL ROAD AND GORMON AVENUE , KELLYV ILLE . This application was for land that was previously outside the Exhibit Village and was Phase 2 of Homeworld V. The Exhibition Village will operate for a period of five (5) years from the opening date of the first Exhibition House.
After the expiry of this period, the submission of an Article 96 application is required for any proposed extension (up to 12 months) of the life of the Exhibition Village.”. A further amendment application to extend the operation of the Exhibition Village for 12 months until March 24, 2019 was approved by the Council's Development Assessment Unit on April 3, 2018. The amendment to the development consent is in accordance with Sections 115 and 117 of the EP&A Regulation 2000.
The proposed amendment application relates to the extension of the exhibition period for the exhibition village which is permitted in both R2 and R3 zones. The proposal has been assessed against the provisions of The Hills Development Control Plan 2012, Part D, Section 5 – Kellyville/Rouse Hill Release Area. The unilateral extension of the exhibition period put the investor in an extreme situation.
As mentioned above, there is a contract with the builder or the builder and the investor and each contract contains a clause on the extension of the consent to perform, ie.
External Referrals
The use of the area designated for future road widening for the purpose of a temporary parking area shall be subject to the requirements of NSW Roads and Maritime Services as detailed in their letter of 16 January 2019 (see Appendix "A"). Submission of documentation to Council is required at the time of commencement/opening of the first display house in the village. This documentary evidence must be provided to the Council by Homeworld 5's governing body and must indicate the actual opening date of the first display house and the final closing date of the village.
At the end of this period, the submission of a § 4.55 application will be required for any proposed extension (maximum 12 months) of the life of the exhibition village. The amendment application in section 4.55(1A) seeks to amend conditions 17 (Life of the Exhibition Village) and 18 (Cessation of all Exhibition Dwellings) of Development Permission 295/2012/ZB to enable a further extension of time to the operating period of the Homeworld V Exhibition Village. Six of the 19 housing plots covered by DA 295/2012/ZB are based on the proposed extension and will return to residential housing according to the requirements of the consent (condition 18).
The questions asked mainly relate to the number of extensions of the Homeworld V operating period, traffic flows and traffic safety. On 8 November 2011, the council granted development consent 295/2012/ZB for an additional 22 lots within the expanded Homeworld V show village. This application related to land previously outside the show site and is the parent approval to which it relates subject application to amend section 4.55(1A).
The Homeworld V display village will operate for a period of five years from the opening date of the first display home. Submission of documentary evidence to the Council is required at the time of commencement/opening of the first display house within the village. This documentary evidence will be provided to the Council by the managing body of Homeworld V and will show the actual opening date of the first exhibited house and the final closing date of the village.
After the expiry of this period, the submission of an amendment application will be necessary for any proposed extension (maximum of 12 months) to the life of the exhibition town. The submission of a written undertaking is required from the owner of the property stating that the owner of the property, all subsequent building companies and any successors in title agree to the cessation of all respective display houses within the town, after the expiration of the limited life span of five years. of the exhibition village; as determined by the opening of the first showroom in town. Before the expiry of the 5 year period, a previous amendment application (DA 295/2012/ZB/B) was submitted on 16 February 2017 by Homeworld Group of Companies to extend the operation for 12 months until 24 March 2018.
Three submissions were received during the notice period, which raised issues relating mainly to the number of extensions to Homeworld V's operating period, traffic flows and traffic safety. The amendment application seeks approval for a further extension of time to the operating period of the Homeworld V exhibition village.
This is to ensure Builders are given enough time to move to the "new" home world, which is approved under DA 800/2016/HB and is located in Box Hill. This application is consistent with the changes requested in a separate amendment application to Section 4.55(1A) of Development Permission 1569/2008/HC filed concurrently with this application, which seeks the same timeframe extension for Phase 1 of Homeworld V. The development for which permission originally requested does not change as a result of the change request.
This application seeks to extend the period of operation of the Exhibition Estate for an additional 12 months, with the exception of lots 14-19 in DP 1171087, with a new termination date of 24 March 2020. The changes will not have any environmental impacts other than those approved under DA 259/ 2012/ZB (with amendments). The variation to the building consent is in accordance with sections 115 and 117 of the Environmental Planning and Assessment Regulations 2000.
Compliance with The Hills Development Control Plan
Two of the three applications related to residential plots within Homeworld V HC/F Stage 1) and were considered in the assessment report for this application. This village has been here for several years and the time has been extended several times. At some point, the people of this community must be allowed to settle into a community without the constant traffic that is drawn here by the existence of Homeworld Village.
Every day, especially on weekends, we get exhibition town visitors who drive around and look at our houses and many of them get lost due to the limited access and exits. The subject amendment application seeks a further extension of the operating period of Homeworld V for an additional 12 months, with a new termination date of 24 March 2020. It is noted that increased vehicular and pedestrian permeability will be provided following the termination of Homeworld V and the opening/dedication of the roads that include it.
There is no evidence to suggest that extending the life of the village by another 12 months is inconsistent with the interests of the general public. The variation application has been assessed against the relevant heads of considerations under sections 4.15 and 4.55 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 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, 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.
IS AMENDED TO
Life of the Exhibition Village
Cessation of All Display Homes
