MINUTES OF THE MEETING OF THE DEVELOPMENT ASSESSMENT UNIT HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 30 MARCH 2021. The Minutes of the Council Meeting of the Development Assessment Unit held on 23 March 2021 are confirmed. The issues raised in the submissions have been addressed in the report and do not justify refusal of the application.
The issues raised in the application have been addressed in the report and do not justify the rejection of the application. Assessment of Proposed Development Against Clause 4.1B of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 - Appendix 2 North Kellyville District Plan (SEPP Growth Centres) and Draft SEPP. The landscape plan had to be amended to meet the minimum requirements of the Box Hill Growth Center Development Control Plan (DCP).
A padmount substation is located within the southwest corner of the site facing Cinch Street. The contamination status of the site was considered in accordance with SEPP 55 under the parent subdivision DA 569/2017/ZA. Despite clause 4.1A (3), development consent may be granted for the erection of a dwelling house on a lot to which this clause applies if—. a) the lot results from a subdivision that has been granted development consent in accordance with point 4.1 AA and, in determining the development request for the erection of the dwelling, the consent authority takes into account any information it has taken into consideration for the purposes of that clause in the determination of the development application for that subdivision, or. b) the development application is a single development application for development consisting of both of the following—. i) subdivision of land into 2 or more lots. ii) building a dwelling on one of the plots resulting from the subdivision.
The proposed development therefore complies with the minimum lot size as set out in Clause 4.1AC Growth Centers SEPP.
Draft North West Land Use Infrastructure Implementation Plan
Compliance with the Box Hill Development Control Plan 2018
Where secondary road frontage fencing is proposed, it should not exceed 1.8m in height for more than one third of the length of the secondary road frontage, if required. The applicant has requested an amendment to Control 4.1.1(6) of the DCP for the permitted height of retaining walls along the edge of residential partitions. The applicant has requested an amendment to Control 4.2.5 of the DCP to cover the upper floor area for Lot 8A.
The applicant has requested an amendment to control 4.2.11 of the DCP for secondary boundary fencing on Lot 8A. The DCP stipulates that where fencing to the secondary street frontage is proposed, it must not exceed 1.8m in height for more than one third of the length of the secondary road frontage, if applicable. The proposal seeks to provide a 1.8 m high fence for the entire secondary facade, which is approx. 8,585 meters in length.
The purpose of the 1.8m high fence along the secondary boundary is to enhance the privacy of the primary private open space in Lot 8A. Given the topography of the site, the proposed excavation is generally internalized and has no impact on any of the adjacent properties.
Likely Impacts
The built form is on a scale that is compatible with the existing and future residential character of the area. Strict compliance with this control is considered difficult as the State Environmental Planning Policy (Exempt and Conforming Development Codes) 2008 allows 1.8m high fences to extend to 50% of the secondary boundary. The proposed fence would still exceed the SEPP code, but consideration has been given to the extent of the variation to which the exceedance will otherwise improve the privacy and amenity of the proposed dwelling.
Reducing the height of the fence to 1.2m or alternatively removing 50% of the fence would create privacy issues for future residents and undermine the purpose of the private open space. Additionally, the proposed fence is unlikely to affect sight lines for vehicles approaching the Cinch Street/Mustang Avenue intersection. The proposed excavation is considered acceptable as it provides a level building platform and is not considered to have altered the levels of the proposed lots to a level that would otherwise cause privacy or solar access issues.
The nature of the development is to facilitate residential dwellings consistent with the character of the location. It is considered that there are no adverse impacts on the surrounding location in relation to the proposed development.
Suitability of the site
Issues Raised in Submissions
The proposed dwelling on lot 8B is bounded by a substation on the lot which has reduced the potential coverage of the site and consequently reduces any obstruction to solar access to the frontage of the neighboring property at 25 Cinch Street. A number of windows along the south west elevation of the dwelling on lot 8B are proposed to have tinted glass (tinted/frosted) to minimize privacy impacts. An inspection of the proposed flat on Lot 8B and the neighboring flat at 25 Cinch Street revealed that the windows were offset/out of alignment.
Internal Referrals
Windows have generally been offset to avoid direct lines of sight into habitable spaces or onto private open spaces. The proposed development is consistent with the planning principles, vision and objectives outlined in Hills 2026 – Looking Towards the Future as the proposed development provides for satisfactory urban growth without negative environmental or social amenity impacts and ensures a consistent built form in terms of streetscape and general locality. The final subdivision plan must be prepared by a registered land surveyor and the areas must match those shown on the approved concept plan (prepared by architect).
Subdivision Certificate Preliminary Review
Street Trees
External Finishes
Construction Certificate
Building Work to be in Accordance with BCA
Planting Requirements
Management of Construction Waste
Disposal of Surplus Excavated Material
Commencement of Domestic Waste Service
Provision of Kitchen Waste Storage Cupboard
Provision of Domestic Waste Storage Areas
Protection of Public Infrastructure
Minor Engineering Works
The entire site area must be graded, stockpiled and drained by pits and pipes to a suitable legal discharge point.
Vehicular Crossing Request
Western Sydney Growth Areas – Payment of Special Infrastructure Contribution A special infrastructure contribution is to be made in accordance with the Environmental
Completion of Cinch Street Construction
Security Bond Requirements
Security Bond – Road Pavement and Public Asset Protection
Service lines to each of the proposed new assemblies are required, laid in strict accordance with the requirements of the relevant service authority. In accordance with Section 4.17(6) of the Environmental Planning and Assessment Act 1979, a bond must be submitted to Council to ensure the protection of the road pavement and other public assets in the vicinity of the site during construction works. The deposit shall be returned on written application to the Council and subject to all works being restored to the satisfaction of the Council.
If the cost of repairing any damage exceeds the value of the bond, the Council will undertake the works and issue an invoice to cover these costs.
Erosion and Sediment Control/ Soil and Water Management Plan
Engineering Works
Section 7.11 Contribution
The following monetary contributions must be paid to the Council in accordance with Section 7.11 of the Environmental Planning and Assessment Act 1979, to provide for the increased demand for public amenities and services arising from the development. Please note that Section 7.11 contributions are updated at the time of actual payment in accordance with the terms of the applicable plan. Before paying the above contributions, the applicant is advised to contact the Council's Development Contribution Officer on 9843 0555.
Council Contribution Plans can be viewed at www.thehills.nsw.gov.au or a copy can be inspected or purchased from the Council Administration Centre. The name, address, telephone and fax numbers of the developer must be submitted to the main certification body before construction work begins. Where the Council is not the Principal Certifying Body, the Council must be notified in writing of the Principal Certifying Body two days before building work commences in accordance with the Regulations.
Construction Waste Management Plan Required
Property Condition Report – Public Assets
Erosion and Sediment Control/ Soil and Water Management
Critical Stage Inspections/ Inspections Nominated by the Principal Certifier
Hours of Work
Standard of Works
Compliance with BASIX Certificate
Building Adjacent to Proposed Boundary
Building Services
Satisfactory Final Inspection
Maintenance of BASIX Commitments
Landscaping Prior to Issue of any Occupation Certificate
Property Condition Report – Public Assets
Completion of Engineering Works
Section 73 Compliance Certificate
Provision of Telecommunication Services
Provision of Electrical Services
Site/ Lot Classification Report – Vacant Residential Lots
LOCALITY PLAN
AERIAL PHOTOGRAPH
SEPP ZONING MAP
SEPP MINIMUM LOT SIZE MAP
SEPP HEIGHT OF BUILDINGS MAP
SEPP RESIDENTIAL DENSITY MAP
PLAN OF PROPOSED SUBDIVISION
SITE PLAN
AREA CALCULATIONS SHEET
GROUND FLOOR PLAN
FIRST FLOOR PLAN
SHADOW DIAGRAMS
ELEVATIONS
CUT AND FILL PLAN
LANDSCAPE PLAN
