This is consistent with the approach taken for existing subdivisions of rural clusters on either side of the subject area. Submissions were received from three of these neighboring properties, raising concerns about the proximity of the access road to the proposed plots. The Road and Maritime Service has raised no objection to this approach, which is also in line with point 5.1 of the LPP.
The existing dwelling on the site in question is known as 'Montrose' (Item 79) which is identified as a local heritage item in terms of Schedule 5 of The Hills Local Environment Plan 2012. The subdivision layout and location of the access road is designed to provide a sufficient partition to the existing residence 'Montrose'.
The Hills Development Control Plan 2012
The proposed lots are unlikely to affect the screening of the heritage site and are unlikely to obstruct important views to and from the site. Four of the five building plots are clustered at the back of the plot, while the final plot (Section 2) contains the existing dwelling (Montrose). Backfill shall be limited to the use of Virgin Excavated Material as defined under the Protection of the Environment Operations Act 1997.
Issues Raised in Submissions
The further the planned access road is moved from the site's western boundary, the greater the impact it will have on the preserved vegetation to the east. To address this concern related to the perceived impact the road will have on the properties to the west, additional screen landscaping (with the agreement of the applicant) has been conditioned along the western boundary to provide a physical buffer/screen for creating those adjacent properties. The planned road will be sealed as required by the DCP and the requirements of the Rural Fire Service.
As above, the road has been set back as far as possible from the site boundary without affecting the preserved vegetation to the east, and landscaped. As far as construction traffic is concerned, this is controlled through conditions related to the works, including that related to working hours. The privacy and amenity of adjoining properties to the west have been considered in the design, which includes a condition requiring screen landscaping along the western boundary to create a physical buffer/screen for those adjoining properties.
Additional planting and landscaping fencing is required to mitigate safety concerns as it creates easy access to the objector's property backyard. This comment originates from the objector who subsequently withdrew his view in response to the amended plans, but is nevertheless dealt with here for the sake of completeness. As above, to address this concern regarding the perceived impact the road will have on the properties to the west, additional landscaping has (with the Applicant's agreement) been conditioned along the western boundary to provide a physical buffer/screen create for those adjacent properties.
The existing country style fence along the western boundary of the site is located away from the works and can be retained and protected between sections of the subdivision.
Internal Referrals
As above, the proposal is deemed to strike an adequate balance between the desire to develop in a manner permitted by the LEP, while preserving significant vegetation and fauna. The preserved areas within the property of the Association will be managed in the future through a Vegetation Management Plan approved by the Council, as defined below. The objector wanted assurances that any damage to the fencing from tree removal or construction work would be the responsibility of the developer of the application in question.
Furthermore, the developer will need to add this existing fence around the planned restricted development area which will be managed in accordance with the required Vegetation Management Plan (see below).
External Referrals
The Roads and Maritime Service has raised no objection to the proposed access subject to conditions. The SP2 Infrastructure area land is included in the community association portion (instead of rural residential plots) so that it can be acquired by the Roads and Maritime Service if/when required. The application was initially referred to the Department of Primary Industries – Water as the works appeared to extend within 40 meters of a mapped natural watercourse present at the rear of the site.
The department responded and advised that they did not consider the works to be within 40 meters of a mapped natural watercourse, and that their consent was not required. The Development Application has been assessed against the relevant heads of consideration under 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 variation to The Hills Development Control Plan 2012 is minor and justified, necessary to address the heritage and ecological constraints.
The issues raised in the submissions have been addressed by the changes to the design or in the report and do not warrant further amendment or 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. Where a Building Certificate is required, no work shall be carried out until it has been issued.
Compliance with Rural Fire Service/ Roads and Maritime Services Requirements Compliance with the requirements of the Roads and Maritime Services through all stages.
Compliance with Rural Fire Service/ Roads and Maritime Services Requirements Compliance with the requirements of the Roads and Maritime Services throughout all stages
Subdivision Certificate Preliminary Review
Association Lot
Process for Council Endorsement of Legal Documentation
Management of Construction and/ or Demolition Waste
Disposal of Surplus Excavated Material
Protection of Existing Trees and Native Vegetation
Construction Certificate – Subdivision Works
Proposed Street Naming
Road Opening Permit
Contamination
This amount must be adjusted at the time of actual payment in accordance with the provisions of the Hills Section 94A Contribution Plan. We advise you that the maximum percentage of development tax under section 7.12 of the Act that has a proposed construction cost is within the range specified in the table below;.
Internal Pavement Structural Design Certification
Vegetation Management Plan
Local Provenance Planting Stock
Security Bond Requirements
be equal to the amount payable under the relevant condition; Should the Council have to lift the bond, the applicant will be notified in writing 14 days in advance.
Erosion and Sediment Control Plan
Engineering Works and Design
At blocked low points, for blind roads (dead ends) or where a table drain is required in accordance with the notes included in standard drawing 42, drain/tail drain shall be provided to divert runoff from the private road/drain of the table. of construction platforms and sensitive areas. Where a piped outlet/overhead is proposed, the piped outlet shall extend to the affected lot(s) to a point beyond the building platform to protect this/future dwelling(s) from the effects of flooding associated with the flow of this road. The design of the Private Road must also comply with RMS requirements, particularly in relation to the treatment of the Wisemans Ferry Road junction; according to their letter attached to this consent as Appendix A. b) Return Managers.
There must be a dead end at the end of the private road. Details for all signage and line marking must be submitted to the council's construction engineer for review before work begins. Street signs and posts must be installed in accordance with the above documents and Standard Drawing 37.
Specifically regarding road name signs, all private roads must have another sign underneath that reads "private road". The existing driveways in Wisemans Færgevej, which service the existing residence and shed, must be removed and replaced with an edge that matches the surroundings. A 3m wide (minimum) formed all-weather driveway built to the council's rural standard shall be provided between the private road and the existing dwelling on plot 2 in accordance with.
Stormwater runoff from the Private Road and the proposed new lots will be distributed to the rear of the site via a level space/absorbent channel or similar, rather than a formal statutory stormwater discharge point via a pipe connection/outlet to a natural water stream. .
Screen Landscaping – Western Site Boundary
Service lines to each of the proposed new lots laid in strict accordance with the requirements of the relevant service authority are required. Where earthworks are not shown on the approved plan, topsoil within lots must not be disturbed. h) Rainwater drainage – Rural areas. If the Project Ecologist is replaced, the Council's Leader – Environment and Health must be notified in writing of the reason for the change and the details of the new Project Ecologist within 7 days.
Bushland Protection Fencing
Traffic Control Plan
Roads and Maritime Services Design Approval
Erection of Signage – Supervision of Subdivision Work
Name and telephone number (including outside working hours) of the person responsible for carrying out the work;. This signage must be maintained while works are being carried out on the subdivision and must be removed upon completion. Under the Environmental Planning and Assessment Act 1979, only the council can issue a certificate of subdivision, meaning that only the council can be appointed as the main approval authority for subdivision works.
Contractors Details
Erosion and Sediment Control
Service Authority Consultation – Subdivision Works
Protection of Existing Vegetation
Tree Removal and Fauna Protection
This should be done by a qualified and experienced arborist under the guidance of a project ecologist.
Standard of Works
Critical Stage Inspections – Subdivision Works
Aboriginal Archaeological Sites or Relics
Aboriginal Heritage Impact Permit
European Sites or Relics
Working Hours
Building Services
Subdivision Certificate Application
A report/letter from a qualified bushfire consultant must be submitted confirming that the requirements of the rural fire service have been met.
Compliance with Roads and Maritime Services Requirements
Vegetation Protection – Association Lot
Bushfire Safety – Association Lot
Internal Pavement Construction
Vegetation Management Plan (VMP) Implementation
Completion of Subdivision Works/ Satisfactory Final Inspection
Subdivision Works – Submission Requirements
Section 73 Compliance Certificate
Submission of a notice of agreement certificate confirming satisfactory agreements have been made for the provision of electrical services. This shall include the undergrounding of existing electrical services fronting the site and the removal of all redundant poles and cables, unless otherwise approved by Council in writing.
Provision of Telecommunication Services
Final Plan and Section 88B Instrument
Plots with a defined approved residential footprint require a separate restriction (see above) within a designated asset conservation area. The limitation and positive commitment must specifically identify that the aforementioned asset protection zone has been determined based on a performance-based solution as set forth in the Rural Fire Service Comments attached to this consent. d) Limitation/Commitment – Vegetation Management Plan. A right of access (easement) must be created for all fire routes not included in the combined lot/within individual lots in the plan using the terms "fire routes" included in the standard preambles.
Management of Area Subject to Vegetation Management Plan
