ASSESSMENT UNIT

(1)

DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 09 June 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 09 JUNE, 2020

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 646/2019/HA/A - SECTION 8.2 REQUEST FOR REVIEW OF DETERMINATION OF DA 646/2019/HA FOR FORMALISATION OF THE CONVERSION OF A SECONDARY DWELLING TO A DETACHED DUAL OCCUPANCY - LOT 17 DP 223221, 5 KAREELA ROAD BAULKHAM HILLS

5

(3)

PAGE 3 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 2 JUNE 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 8:39am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 19 May 2020 be confirmed.

ITEM-2 DA 28/2020/HA - ALTERATIONS AND ADDITIONS TO AN EXISTING DWELLING AND OCCUPATION AND FITOUT OF PART OF THE DWELLING AS HEALTH CONSULTING ROOMS - LOT 22 DP 224797, 37 MERINDAH ROAD, BAULKHAM HILLS

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

DECISION

The application be approved subject to conditions outlined in the report with the exception of a change to Condition 7 a) Driveway Requirements, which is to read as follows:

“The driveway must be a minimum of 5.8m wide at the kerb.”

(4)

PAGE 4 Condition 43 Restriction of Number of Consulting Healthcare Professionals and Patients is to read as follows:

There shall be no more than one (1) healthcare professional, who must reside at the property, no more than one support person, and two (2) patients on the site at any one time.

REASONS FOR THE DECISION:

 Section 4.15 (EP&A Act) – Satisfactory

 The Hills LEP 2012 & 2019 – Satisfactory

 Part B Section 2 – Residential - Satisfactory

 Part C Section 1 – Parking - Satisfactory

 Part C Section 3 – Landscaping - Satisfactory

 Part C Section 2 – Signage - Satisfactory

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

The development application was notified and three (3) submissions were received.

END MINUTES

(5)

PAGE 5 ITEM-2 DA 646/2019/HA/A - SECTION 8.2 REQUEST FOR REVIEW OF DETERMINATION OF DA 646/2019/HA FOR FORMALISATION OF THE CONVERSION OF A SECONDARY DWELLING TO A DETACHED DUAL OCCUPANCY - LOT 17 DP 223221, 5 KAREELA ROAD BAULKHAM HILLS

THEME: Valuing our Surroundings

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:

9 JUNE 2020

DEVELOPMENT ASSESSMENT UNIT

AUTHOR:

DEVELOPMENT ASSESSMENT COORDINATOR CLARO PATAG

RESPONSIBLE OFFICER:

MANAGER – DEVELOPMENT ASSESSMENT PAUL OSBORNE

Applicant Danny Jones – Planning Direction Pty Ltd.

Owner John Qiao Zhang & Christine Chuan Qin Exhibition / Notification 14 days

Number Advised 22

Number of Submissions None

Zoning R2 Low Density Residential

Site Area 893m²

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

Section 4.15 (EP&A Act) – Satisfactory Section 8.2 (EP&A Act) - Satisfactory The Hills LEP 2019 – Satisfactory

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

DCP Part C Section 3 – Landscaping – Variations, see report.

Political Donation None Disclosed.

Reason for Referral to DAU Review of Determination.

Recommendation Approval subject to conditions.

EXECUTIVE SUMMARY

The Section 8.2 Review of Determination Application is for Development Application 646/2019/HA for the conversion of a secondary dwelling to a detached dual occupancy development, which was refused by Council’s Development Assessment Unit on 20 August 2019.

(6)

PAGE 6 The Development Application was refused as it did not comply with the side and rear setbacks, landscaping, and building height envelope of Part B Section 3 Dual Occupancy Development Control Plan (DCP) 2012. The Development Application also received two (2) submissions. The concerns raised in the submissions related to privacy, construction methods, notification process of complying development certificates, and view loss. It was considered that the development was not in the public interest as it contravened the relevant DCP standards.

The subject site is located on land zoned R2 Low Density Residential and a Dual Occupancy is a permissible form of development in the zone.

The original secondary dwelling was approved under a Complying Development Certificate (CDC) (No. 2011/2048A) issued by a private certifier on 29 April 2013. The secondary dwelling was constructed over an existing swimming pool. Subsequent unauthorised works to the approved secondary dwelling resulted in its non-compliance with the State Environmental Planning Policy (SEPP) Affordable Rental Housing 2009 requirement of a maximum 60sqm floor area.

The works undertaken included unapproved additions to the approved secondary dwelling floor area. As the works have already been undertaken, an Occupation Certificate cannot be issued for the works approved under the Complying Development Certificate. A Building Information Certificate is required to formalise the unauthorised works.

Under the subject Section 8.2 Review of Determination application, the applicant has proposed amendments to the development to reduce or eliminate the DCP variations.

The proposal has been assessed against the requirements of DCP 2012 Part B Section 3 – Dual Occupancy and Part C Section 3 - Landscaping. The proposed amendments will result in compliance with the rear setback and landscaping area requirements (however a minor variation to the landscaping at the driveway still remains). Under the modified plan the previously unauthorised addition to the dwelling at the rear, in the area of the study, will be significantly reduced as this section, including the roof, will now be demolished.

The proposed development still does not comply with DCP 2012 in terms of the side setback, building height envelope and landscaping at the driveway however the amendments reduce the extent of variations providing a better outcome at interface with adjoining properties.

The DCP requires a side setback of 900mm. The proposed side setback is 870mm – 880mm resulting in a non-compliance with this control.

The Building Code of Australia requires that any construction works involving Class 1 dwellings within 900mm of a boundary are required to be fire rated. The applicant engaged a fire engineer to assess the works and demonstrate compliance with the BCA and relevant performance requirements. A report was provided which demonstrated that the recommended performance solution is considered to meet and comply with the performance requirements P2.3.1 of the Building Code of Australia.

The DCP requires that where there is an existing dwelling the second dwelling (for a detached dual occupancy) is not to exceed a building height plane projected 45^o from a vertical distance of 1.8m above NGL at any boundary of the site. In this instance the roof of the second detached dwelling in the dual occupancy slightly encroaches on the building height envelope, with the roof projecting approximately 75^o from a vertical distance of 1.8m at the boundary (Refer Attachment 4). However it is noted that the extent and location of the encroachment has been reduced significantly as a result of the proposed amendments.

(7)

PAGE 7 The proposal also seeks to vary the landscaping strip requirements to the driveway. The DCP requires a minimum 2.0m wide landscape strip between any driveway or car parking space and property boundary, which is not provided in this instance, however the extent of the variation has been reduced with additional landscaping provided between the boundary and the driveway.

It is noted that the previous variation to the required landscaped area has now been satisfactorily addressed in the amended plans, and the proposal now complies.

While a number of variations still exist, the proposed amendments result in the compliance of a number of previous departures from DCP 2012. The remaining variations, which are discussed in further detail in this report, are considered minor and are supported in this instance.

The application was notified to adjoining property owners and no submissions were received. The original Development Application (646/2019/HA) which was refused, received submissions from two adjoining property owners; it is noted that one of these adjoining property owners has submitted a letter stating that, following communications with the owner of the subject lot, they wish to withdraw their original objection to the proposal.

The proposed dual occupancy development dwelling is now considered to be satisfactory in terms of its design and relationship to adjoining properties. The proposal will not result in any adverse impacts on adjoining dwellings.

The Development Application is recommended for approval subject to conditions.

BACKGROUND

The original secondary dwelling was aproved via a Complying Development Certifcate (CDC) (No.2011/2048A) issued by a provate certifier on 29 April 2013.

On 23 May 2018 Council’s Development Monitoring Team (DMT) conducted an investigation and determined that unauthorised works were undertaken.

On 30 July 2018 and following further investigation by Council’s DMT section and discussion with the owners of the property, it was advised that a Development Application should be lodged with Council to seek formalisation of the works that created a detached dual occupancy.

Development Application 646/2019/HA was lodged on 29 August 2018. The proposal was notified for 14 days and two submissions were received.

On 20 August 2019, Council’s Development Assessment Unit (DAU) recommended refusal Development Application 646/2019/HA

The subject Section 8.2 Review of Determination for the review of Development Application 646/2019/HA was lodged on 11 September 2019.

On 28 April 2020 amended plans were submitted by the applicant removing the roof component of the unauthorised addition.

(8)

PAGE 8 PROPOSAL

The Section 8.2 Review of Determination Application is for the review of Development Application 646/2019/HA, for the formalistaion of a conversion of a secondary dwelling to a detached dual occupancy development, which was refused by Council’s Development Assessment Unit on 20 August 2019.

The original secondary dwelling was approved via a Complying Development Certificate (CDC) (No. 2011/2048A) issued by a private certifier on 29 April 2013. The approved secondary dwelling was constructed over a swimming pool. Subsequent unauthorised works to the approved secondary dwelling resulted in a floor area of 88.6sqm and its non- compliance with the State Environmental Planning Policy (SEPP) Affordable Rental Housing 2009 requirement of a maximum 60sqm floor area.

Site inspection by Council staff revealed that the works were undertaken without approval and that the structure could no longer be considered as a secondary dwelling as the works resulted in a floor area above the maximum permitted for a secondary dwelling. As a result, the development is considered as a detached dual occupancy. Development Application 646/2019/HA for retrospective approval for the works, and to formalise a detached dual occupancy arrangement was subsequently lodged.

As unauthorised works have already been undertaken, an Occupation Certificate could not be issued for the works approved under the Complying Development Certificate. A Building Information Certificate is required to formalise the unauthorised works.

The unauthorised works included the conversion of a verandah area to create an additional habitable floor area within the dwelling, of approximately 23sqm and the conversion and enclosure of the rear deck area to create a larger internal study, adding approximately 5.6sqm floor area to the dwelling. As part of this subject Section 8.2 application, the conversion and enclosure of the rear deck area is proposed to be amended by demolishing that section of the study, including the roof, and reinstating the approved deck.

A Building Code of Australia (BCA) report was submitted with DA 646/2019/HA demonstrating compliance with the relevant standards.

The applicant has made amendments to the proposed dual occupancy development in order to reduce the extent of variations that were part of DA 646/2019/HA.

The north western corner of the dwelling is to be cut back to provide an increased rear boundary setback (minimum 3m) so as to be greater than the DCP requirement of 900mm.

The previous rear setback was 827mm. The outcome of this amendment is that the 3m setback of the dwelling on the north western corner would still be provided as previously approved in CDC No. 2011/2048A but with a modified footprint.

Following consultations between the owner of the subject lot and the adjoining property owner (and original objector) the proposal also reduces the number of windows on the western elevation from three (3) to two (2) mitigating any potential privacy impacts. The remaining two (2) windows will now have privacy screens.

Additional landscaping has also been provided and the application now demonstrates compliance with the required landscaped area (50%) for Dual Occupancy developments.

(9)

PAGE 9 The proposed development still does not comply with the DCP 2019 in terms of the side setback, building height envelope and landscaping at the driveway.

The DCP requires a side setback of 900mm. The proposed side setback is 870mm resulting in a minor non-compliance with this control.

The DCP requires that where there is an existing dwelling the second dwelling (for a detached dual occupancy) is not to exceed a building height plane projected 45^o from a vertical distance of 1.8m above NGL at any boundary of the site. In this instance the roof of the second detached dwelling in the dual occupancy encroaches on the building height envelope, with the roof projecting approximately 75^o from a vertical distance of 1.8m at the boundary (Refer Attachment 4). However it is noted that the extent and location of the encroachment has been reduced significantly as a result of proposed amendments.

The proposal also seeks to vary the landscaping strip requirements to the driveway. The DCP requires a minimum 2.0m wide landscape strip between any driveway or car parking space and property boundary, which is not provided in this instance, however the extent of the variation has been reduced with additional landscaping provided between the boundary and the driveway.

As noted above the approved CDC secondary dwelling and subsequent additional unauthorised works were constructed over a swimming pool. The swimming pool was not filled in but the structure was constructed above the pool shell on frames, creating a subfloor area beneath the structure. A trap door accessing the subfloor area is located in the study room. A certificate of structural adequacy was submitted by the applicant confirming that the structure was structurally sound and complies with the relevant Australian Standards, including AS1684 & AS1720. It is recommended that a condition is imposed requiring the trap door to be permanently closed and prohibiting the use of this area for storage or any other use (refer Condition No. 30).

ISSUES FOR CONSIDERATION

1. Compliance with The Hills Local Environmental Plan 2019

The land is zoned R2 Low Density Residential under The Hills Local Environmental Plan (LEP) 2019.

The proposal is defined as Dual Occupancy (detached) under LEP 2019 being a:

dual occupancy (detached) means 2 detached dwellings on one lot of land, But does not include a secondary dwelling.

The proposal meets the LEP definition of a dual occupancy (detached), and therefore the proposal is considered satisfactory with regards to LEP 2019.

The objectives of R2 Low Density Residential zone are:

 To provide for the housing needs of the community within a low density residential environment.

 To enable other land uses that provide facilities or services to meet the day to day needs of residents.

 To maintain the existing low density residential character of the area.

(10)

PAGE 10 The proposal is considered to be consistent with the stated objectives of the zone, in that the proposal provides for the housing needs of the community and maintains the existing low density residential character of the area.

(i) The Hills LEP 2019 - Development Standards

The following addresses the principal development standards of the LEP 2019 relevant to the subject proposal:

CLAUSE REQUIRED PROVIDED COMPLIES

Clause 4.3 (Height) 9m Maximum height of

front dwelling 7.14m.

Maximum height of rear dwelling 3.9m

Yes

2. Compliance with The Hills Development Control Plan 2012 Part B Section 3 – Dual Occupancy and Part C Section 3 – Landscaping.

The proposal has been assessed against the relevant requirements of the DCP. The proposal achieves compliance with the DCP with the exception of the following:

DEVELOPMENT STANDARD

DCP REQUIREMENTS

PROPOSED DEVELOPMENT

COMPLIANCE 2.3 (a) Setbacks -

Side Setback

(Ground Floor - 1 and 2 storey)

900mm wall to boundary

675mm eave to boundary

Side setback: 870mm

– 880mm No

2.4 (d) Landscaping Compliance with Part C Section 3 – Landscaping

This includes a minimum 2.0m wide landscape strip

between any

driveway, car parking space and property boundary.

2.0m wide landscape strip not provided between driveway, car space and boundary.

No

2.7 (a) Building Height Envelope – Existing Dwelling House

Where there is an existing dwelling the second dwelling (for detached dual occupancy) is not to exceed a building

height plane

projected 45^o from a vertical distance of 1.8m above NGL at any boundary of the site.

The second detached dwelling in the dual occupancy

encroaches on the building height envelope. (Refer Attachment 4)

No

(11)

PAGE 11 a) Side Setbacks

The DCP requires a minimum side setback of 900mm. The proposed side setback is 870mm to 880mm resulting in a non-compliance with the DCP.

The applicant has provided the following justification for the setback variations:

“The proposed amended plans increase the setback from the rear property boundary to a minimum of 3m readily complying with the DCP requirement of 900mm.

The variation to the side setback is exceptionally minor being only 20mm (2cm) - 30mm (3cm) to the side boundary; such a minor variation commonly occurs during the construction phase of development (such as with the rendering of walls).

The only concern identified in the Councils 20 August 2019 assessment report in respect of the setbacks was ‘the proposal will unreasonably impact on privacy to adjoining properties’.

The 2cm - 3cm variation to the side setback is of no consequence in terms of privacy. The proposed plan that was the subject of Councils refusal included a new window facing the western side boundary; the window has been deleted under the proposed amended plans.

The rear setback has been increased from 827mm to 3m exceeding the DCP requirement of 900mm. Side and rear facing windows have been amended to be consistent with the CDC approved plans or further reduced to mitigate privacy impacts. It is therefore considered from a town planning viewpoint that Council’s privacy concerns relating to setbacks have been resolved.”

Comment:

The relevant objectives of the setback standards in the DCP are:

(i) To provide setbacks that complement the streetscape, protect the privacy of and minimise overshadowing of adjoining properties in accordance with Council’s ESD objective 7.

(ii) To provide opportunities for landscaping between dwellings.

(iii) To ensure adequate site area and curtilage is provided to all development.

The application does not meet the DCP side setback requirements however the proposed setback satisfies the relevant objectives of the DCP.

Given that the 2^nd detached dwelling is located behind the existing dwelling, it will not impact on the streetscape. Privacy screens have now been proposed for the windows along the western elevation and the adjoining neighbour has advised in writing that they have no objections to the proposal. In this regard it is considered that the proposal will not unreasonably impact on privacy to adjoining properties.

The proposal is also considered satisfactory as the proposed 2^nd detached dwelling provides appropriate rear setbacks. The north western corner of the dwelling, including that portion of the roof, is to be demolished and cut back to provide a greater rear boundary setback (minimum 3m) so as to be greater than the DCP rear setback requirement of 900mm. The previous rear setback was 827mm.

(12)

PAGE 12 The dwellings are provided with appropriate private open space which receives adequate solar access. The detached dwelling is single storey so would also not be expected to impact on solar access to adjoining properties.

On merit, the side setback is considered satisfactory and will not adversely impact on adjoining properties. The proposal is not considered to result in any unreasonable impact beyond that of a compliant development, and given that the variation is very minor and only 20-30mm, it is therefore considered a satisfactory outcome for the site.

b) Landscaping

The DCP requires a minimum 2.0m wide landscape strip between any driveway, car parking space and property boundary, which is not provided.

The applicant has provided the following justification for the variation:

“The 20 August 2019 assessment report referenced the DCP requirement for a 2m wide landscape strip adjacent to car parking. It is significant to note that there was no change to the location of on-site car parking spaces under the original dual occupancy development proposal (as all spaces existed) and there is no change to the location of on-site car parking spaces under the amended proposal. The driveway design and location under the original proposal (the refused application) was also a pre-existing site characteristic.

It is respectfully suggested that the 2m guideline can only reasonably be applied to ‘new’

development - it cannot and should not be applied to existing and retained on site car parking.

That said, under the amended proposal positive changes have been made to the existing site car parking and driveway design to reduce the amount of hard surfacing and increase the amount of deep soil (permeable) landscaping. Specifically, hard surfacing at the driveway entrance has been reduced and a large consolidated deep soil landscaped area has been provided between the open car space and the dual occupancy dwelling. These benefits will not be achieved if the application is refused as the existing on site car parking will remain ‘in situ’.

Comment:

The relevant objectives of the landscape standards in the DCP are:

(i) To ensure a high standard of environmental quality of dual occupancy developments and the overall visual amenity and character of the neighbourhood in accordance with Council’s ESD objective 7.

(ii) To ensure that landscaped areas can be efficiently maintained.

(iii) To provide useable outdoor open space for residents.

(iv) To provide a satisfactory relationship between buildings, landscaping areas and adjoining developments.

(v) To ensure that existing trees are given every opportunity to be incorporated into the final design.

(13)

PAGE 13 (vi) To minimise stormwater runoff and provide the opportunity for on-site groundwater

recharge in accordance with Council’s ESD objective 3.

(vii) To ensure that vegetation removed as a part of the land development process is replaced by suitable endemic species in accordance with Council’s ESD objective 4.

The application does not comply with the required DCP landscaping between the driveway, car parking space and property boundary however acceptable justification has been made for the proposed variation and it satisfies the relevant objectives of the development standards.

The overall dual occupancy design outcome is considered to be compatible with the character of the area.

As the applicant has alluded to, the landscaping arrangements were existing and it would be unreasonable to require full compliance with the 2m wide landscaping strip requirement, along the full length of the driveway. The amended proposal has however provided further landscaping beside the driveway to reduce the extent of the variation. The existing and proposed new landscaped areas are considered satisfactory.

The proposed minor variation will not result in any adverse impacts on adjoining properties.

The proposed landscaping for the site is therefore considered satisfactory in this instance.

c) Building Height Envelope

The DCP requires that where there is an existing dwelling the second dwelling (for detached dual occupancy) is not to exceed a building height plane projected 45^o from a vertical distance of 1.8m above NGL at any boundary of the site. In this instance the second detached dwelling in the dual occupancy slightly encroaches on the building height envelope in the south western section of the roof, (Refer Attachment 4) with the roof projecting approximately 75^o from a vertical distance of 1.8m at the boundary in the south west corner.

It is noted that the previous encroachment extended to the north western corner however due to the proposed removal of this component, the variation will be significantly reduced.

The applicant has provided the following justification for the variation:

“The variation identified in Councils assessment report dated 20 August 2019 relates to the height plane when applied to the western side boundary. It is noted the height plane guideline did not apply to the secondary dwelling that was approved under the CDC. The component of the rear building that was approved under the CDC is lawful and it would be unreasonable to retrospectively apply the height control to the approved building element.

It is acknowledged that the additional works that had been undertaken in the north western corner of the dwelling (as proposed under the original dual occupancy plans) encroached into the height plane.

Under the amended proposal unauthorised works in the north western corner of the dwelling are to be removed such that building setback is increased to a minimum of 3m (as per the CDC approved development).

(14)

PAGE 14 As a consequence the length of the dwelling wall (and its height) adjacent to the western side boundary is essentially as approved under the CDC. As such there is no breach to the height plane created by the proposed works required for conversion the secondary dwelling to a dual occupancy (as proposed under the amended development plans) as the additional floor space is located on the eastern rather than the western side of the dwelling.

The construction of the enclosed/roofed verandah on the eastern side of the dwelling does not result in any non-compliance with the building height or height plane controls.

As previously stated it is respectfully suggested that it would be unreasonable from a town planning perspective to retrospectively apply the height plane to the lawfully approved building form/element; the proposed amended plans do not change the relationship of the CDC approved building to the neighbour (as the wall length and building height remain as CDC approved).

The height plane breach arising from the unauthorised works in the north western corner of the dwelling has been rectified/resolved.”

Comment:

The relevant objectives of the height envelope standards in the DCP are:

(i) To improve and enhance the visual aspect of developments when viewed from the street, public place and surrounding properties in accordance with Council’s ESD objective 7.

(ii) To provide dual occupancy development of a size and bulk generally in keeping with neighbouring development and the surrounding environment.

(iii) To minimise the impact of dual occupancy development in new release areas and in areas where single dwelling housing is dominant.

The application does not comply with the stated DCP height envelope requirements however it satisfies the relevant objectives of the development standards. The design outcome is considered to be compatible with the character of the area and does not result in any adverse impacts on adjoining properties.

The original variation was a result of the existing CDC approved roof and the additional unauthorised works in the north western corner. It is now proposed to significantly reduce the variation by demolishing the rear section of the dwelling. The variation will still exist in the south western corner however this encroachment is very minor and part of the CDC approved roof structure.

The very minor encroachment is considered supportable and satisfactory.

3. Internal Referrals

The application was referred to following sections of Council:

 Engineering

No objection was raised to the proposal subject to conditions.

(15)

PAGE 15

 Development Monitoring Team

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 8.2 & Section 4.15 of the Environmental Planning and Assessment Act, 1979, The Hills Local Environmental Plan 2019 and The Hills Development Control Plan 2012 and is considered satisfactory.

Approval is recommended subject to conditions.

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 Development Application be approved subject to the following conditions of consent:

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

DESCRIPTION SHEET REVISION DATE

Site Plan 01/5 E 04/2020

Floor Plan & Section 02/5 E 04/2020

Elevations 03/5 E 04/2020

Landscape Plan 04/5 E 04/2020

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. External Finishes

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

(16)

PAGE 16 3. Protection of Public Infrastructure

Adequate protection must be provided prior to work commencing and maintained during building operations so that no damage is caused to public infrastructure as a result of the works. Public infrastructure includes the road pavement, kerb and gutter, concrete footpaths, drainage structures, utilities and landscaping fronting the site. The certifier is responsible for inspecting the public infrastructure for compliance with this condition before an Occupation Certificate is issued. Any damage must be made good in accordance with the requirements of Council and to the satisfaction of Council.

4. Site Stormwater Drainage

The entire site area must be graded, collected and drained by pits and pipes to a suitable point of legal discharge.

5. 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.

6. 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.

7. Air Conditioner Location

The air-conditioning unit location is to be as shown on the approved plans or is to comply with the criteria of exempt development as outlined in the SEPP - Exempt & Complying Development Codes 2008.

You are reminded that the air conditioning must be designed so as not to operate:

(i) between 7am and 10pm — at a noise level that exceeds 5 dB(A) above the ambient background noise level measured at any property boundary, or

(ii) Between 10pm and 7am — at a noise level that is audible in habitable rooms of adjoining residences.

8. 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.

9. 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.

(17)

PAGE 17 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.

10. 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.

11. Provision of Domestic Waste Storage Area(s)

A bin storage area sized for a minimum of 3 x 240 litre bins must be provided within the lot boundaries. Two areas are required where there is a secondary dwelling. The area(s) must be screened from view from public land and neighbouring residential property and are to be located behind the building line in the rear courtyard, side access path or a dedicated area in the garage. A flat or ramped bin transfer path must be provided leading directly from the bin storage area(s) to the approved bin collection point along the kerbside. The path must have a minimum clear floor width of 820mm, must not exceed a grade of 7% (1:14), be free of steps and must be external to the dwelling (excludes garage). An associated clear nature strip length of 1.66m must be dedicated along the kerbside for each dwelling for bin presentation. The dimensions of a 240 litre bin are 735mm deep, 580mm wide and 1080mm high.

12. House Numbering

The responsibility for house/unit numbering is vested solely in Council in order to provide a consistent and accurate system of street numbering throughout the Shire.

Approved numbering for this development is: 5-5A Kareela Road, Baulkham Hills Main Dwelling: 5 Kareela Road, Baulkham Hills

Secondary Dwelling: 5A Kareela Road, Baulkham Hills

Should an additional house number be needed for the secondary dwelling, you are required to contact Council’s Land Information Section on 9843 0555.

The only address available for the secondary dwelling will be 5A Kareela Road, Baulkham Hills. This address and by extension the secondary dwelling may only be used in accordance with Council’s Development Consent.

The use of the additional address is not granted or recognised by Authorities until Council have been contacted. At that time, Authorities will be advised that the second house number is valid and to be recognised.

(18)

PAGE 18 The street numbers as issued are to be displayed at the entrance to the property for mail delivery and service providers including emergency services.

13. Bathroom Windows

All bathroom windows are to have obscured glazing.

PRIOR TO WORK COMMENCING ON THE SITE 14. 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 afterhours contact name and telephone number.

15. 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.

16. 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.

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. 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).

18. 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).

19. Details and Signage - Principal Contractor and Principal Certifying Authority Details

Prior to work commencing, submit to the Principal Certifying Authority (PCA) 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 PCA in accordance with Clause 103 of the Environmental Planning and Assessment Regulations 2000.

(19)

PAGE 19 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 PCA 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 20. 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.

21. Survey Report and Site Sketch

A survey report and site sketch signed and dated (including contact details) by the registered land surveyor may be requested by the Principal Certifying Authority during construction.

The survey shall confirm the location of the building/structure in relation to all boundaries and/or levels. As of September 2018 the validity of surveys has been restricted by legislation to 2 years after issue.

22. 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.404893S_02 is to be complied with. Any subsequent version of this BASIX Certificate will supersede all previous versions of the certificate. A Section 4.55 Application may be required should the subsequent version of this BASIX Certificate necessitate design changes to the development. However, a Section 4.55 Application will be required for a BASIX Certificate with a new number.

23. Critical Stage Inspections and Inspections Nominated by the PCA

Section 6.5 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 PCA 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 PCA is not carried out. Inspections can only be carried out by the PCA unless agreed to by the PCA beforehand and subject to that person being an accredited certifier.

24. Roof Water Drainage

Gutter and downpipe and/or rainwater tank overflow, to be provided and connected to an approved lawful discharge point (ie. kerb, inter-allotment drainage easement or OSD) upon installation of roof coverings.

(20)

PAGE 20 25. Landscaping Works

Landscaping works are to be undertaken generally in accordance with the approved plans.

26. 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

27. Section 73 Certificate must be submitted to the Principal Certifying Authority before the issuing of an Occupation Certificate

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

Make early application for the certificate, as there may be water and sewer pipes to be built and this can take some time. This can also impact on other services and building, driveway or landscape design.

Application must be made through an authorised Water Servicing Coordinator. For help either visit www.sydneywater.com.au > Building and developing > Developing your land >

water Servicing Coordinator or telephone 13 20 92.

The Section 73 Certificate must be submitted to the Principal Certifying Authority before occupation of the development/release of the plan of subdivision.

28. Building Information Certificate (BIC) to be Lodged

As building works to the dual occupancy have been undertaken, an application for building certificate is to be lodged with Council to consider the works undertaken. The application is to be lodged with Council within 30 days of the determination date of the Development Application.

29. Works prior to Issue of Building Information Certificate

The following works are to be carried out within 60 days of the Development Application being determined and prior to the issue of Building Certificate:

 Compliance with the recommendations detailed in the fire engineering report dated 9 January 2019, Report No. 1066 Revision B.

 Certification of Compliance with Part 3.9.1.4 of the BCA for the stairs accessing the Dual Occupancy.

THE USE OF THE SITE 30. Subfloor Access

The trapdoor accessing the subfloor area (previous swimming pool) below the 2^nd detached dwelling shall be permanently shut/sealed and the use of this area for storage or any other use is strictly prohibited.

(21)

PAGE 21 ATTACHMENTS

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

4. Elevations 5. Landscape Plan

(22)

PAGE 22 ATTACHMENT 1 – LOCALITY PLAN

(23)

PAGE 23 ATTACHMENT 2 – AERIAL MAP

(24)

PAGE 24 ATTACHMENT 3 – SITE PLAN

(25)

PAGE 25 ATTACHMENT 4 – ELEVATIONS

(26)

PAGE 26 ATTACHMENT 5 – LANDSCAPE PLAN