ASSESSMENT UNIT

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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 12 June 2018

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

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DEVELOPMENT ASSESSMENT UNIT MEETING 12 JUNE, 2018

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA NO. 48/2018/HA - DEMOLITION OF ALL EXISTING STRUCTURES, TREE REMOVAL AND CONSTRUCTION OF A MULTI DWELLING HOUSING DEVELOPMENT - LOT 12 DP 871321 AND LOTS 3-4 DP 12213, NO.'S 21-25 CHURCH STREET CASTLE HILL

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PAGE 3 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 5 JUNE 2018

PRESENT

Cameron McKenzie Group Manager – Environment & Planning (Chair) Andrew Brooks Manager – Subdivision & Development Certification Mark Colburt Manager – Environment & Health

Nicholas Carlton Principal Co-ordinator – Forward Planning Kristine McKenzie Principal Executive Planner

APOLOGIES

Paul Osborne Manager – Development Assessment Craig Woods Manager – Regulatory Services Stewart Seale Manager – Forward Planning

TIME OF COMMENCEMENT 8:30am

TIME OF COMPLETION 8:43am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 29 May 2018 be confirmed.

ITEM-2 1251/2018/ZB - SUBDIVISION CREATING TWO RURAL RESIDENTIAL LOTS ACCOMPANIED BY A VARIATION TO A DEVELOPMENT STANDARD - LOT 1 DP 1198559, 58A NELSON ROAD, NELSON

RESOLUTION

The application be approved subject to conditions as set out in the report.

END MINUTES

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PAGE 4 ITEM-2 DA NO. 48/2018/HA - DEMOLITION OF ALL EXISTING STRUCTURES, TREE REMOVAL AND CONSTRUCTION OF A MULTI DWELLING HOUSING DEVELOPMENT - LOT 12 DP 871321 AND LOTS 3-4 DP 12213, NO.'S 21-25 CHURCH STREET CASTLE HILL

THEME: Balanced Urban Growth

OUTCOME: 7 Responsible planning facilitates a desirable living environment and meets growth targets.

STRATEGY: 7.2 Manage new and existing development with a robust framework of policies, plans and processes that is in accordance with community needs and expectations.

MEETING DATE: 12 JUNE 2018

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR TOWN PLANNER

AMANDA HAWKINS

RESPONSIBLE OFFICER: MANAGER – DEVELOPMENT ASSESSMENT PAUL OSBORNE

Applicant Cahill Group Development Pty Ltd Owner J Chen & H Chen

Notification 14 days Number Advised 45

Number of Submissions 1^st Notification: 6 2^nd Notification: 1

Zoning R3 Medium Density Residential

Site Area 3,193m²

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

Section 4.15 (EP&A Act) – Satisfactory.

The Hills LEP 2012 – Satisfactory.

DCP Part B Section 4 – Multi Dwelling Housing – Variation, see report.

DCP Part C Section 1 – Parking – Satisfactory.

DCP Part C Section 3 – Landscaping – Satisfactory.

Section 7.12 Contribution: $68,341.03 Political Donation None Disclosed

Reason for Referral to DAU 1. Variation to DCP 2. Submissions received.

Recommendation Approval subject to conditions

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PAGE 5 EXECUTIVE SUMMARY

The Development Application is for the demolition of all structures, tree removal and construction of a multi dwelling townhouse development with basement level car parking. The proposal originally comprised 15 x 2 bedroom dwellings however after concerns were raised by Council staff in relation to internal layouts and density, the proposal was amended to 13 x 2 bedroom dwellings and 1 x 3 bedroom dwelling.

Vehicular access to the site is proposed from a driveway off Church Street. Each dwelling is is provided with a double garage with storage space within the basement. Six visitor car parking spaces and a car wash bay are also provided at basement level.

The built form is broken into three buildings, with 3, 5 or 6 dwellings in each.

Townhouses 1 and 14 address Church Street and each dwelling has direct pedestrian access from the central pathway leading from Church Street through the site. All dwellings have adequate private open space at ground level as well as a landscaped courtyard at the entrance to the dwelling.

The proposed development includes a variation to the solar access provisions of the DCP.

The DCP requires that 80% of dwellings have private open space that receives direct sunlight to 50% of the required courtyard area between 9am and 3pm on 21 June. For the remaining 20% of units 50% of each private open space area is to receive direct sunlight for 3 hours between 9am and 3pm on June 21. Four dwellings do not achieve compliance. The proposed development is considered to be adequately designed to provide maximum solar access opportunities for the private open space noting that each dwelling has been provided with a front courtyard as well as a rear yard. The solar access provided is considered to be reasonable and satisfactory in this instance.

The application was notified on two occasions. The second notification was undertaken following amended plans being received. Six submissions were received during the first notification period and one further submission during the second. The issues raised primarily relate to density, character, privacy and overlooking, fencing, waste management, traffic, parking and road safety during construction.

The application is recommended for approval.

BACKGROUND

The Development Application was lodged on 11 July 2017. On 14 August 2017 a letter was sent to the applicant requesting additional information and amendments relating to internal layout, density, landscaping, private open space, solar access, common open space, storage, fencing, stormwater management and the driveway and car parking proposed. A further letter was sent on 16 August 2017 with regard to waste management.

Amended plans were submitted on 28 August 2017. A letter was sent to the applicant on 24 October 2017 requesting the outstanding information relating to landscaping and stormwater management be submitted to enable a full assessment to be undertaken.

Stormwater plans were submitted on 27 November 2017. A letter was sent to the applicant on 20 December 2017 advising that previous concerns regarding density, internal layout, solar access, driveway and parking areas and waste management had not been satisfactorily addressed.

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PAGE 6 Correspondence was exchanged with the applicant over the next few months and amended plans were submitted on 8 March 2018. A Landscape Plan was submitted on 14 March 2018 and amended stormwater plans on 16 March 2018. A letter was sent to the applicant on 21 March 2018 requesting an updated cost summary report, BASIX Certificate and solar access table for the amended design. The requested information was submitted on 3 April 2018.

PROPOSAL

The Development Application is for the demolition of all structures, tree removal and construction of a multi dwelling townhouse development with basement level car parking.

The proposal originally comprised 15 x 2 bedroom two storey dwellings however after concerns was raised by Council staff, the proposal was amended to 13 x 2 bedroom two storey dwellings and 1 x 3 bedroom two storey dwelling.

Vehicular access to the site is proposed from a driveway off Church Street. Each dwelling is is provided with a double garage with storage space within and six visitor car parking spaces are also provided at basement level.

ISSUES FOR CONSIDERATION

1. Compliance with The Hills Local Environmental Plan 2012 (i) Permissibility

The land is zoned R3 Medium Density Residential under LEP 2012. Under LEP 2012, the proposed development is defined as multi dwelling housing which is defined as:

‘3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.’

Multi dwelling housing is a permissible form of development on land zoned R3 Medium Density Residential under LEP 2012 subject to consent being granted by Council.

Accordingly, the proposal is considered satisfactory with regard to LEP 2012.

(ii) The Hills LEP 2012 - Development Standards

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

CLAUSE REQUIRED PROVIDED COMPLIES

Lot size 1,800m² 3,193m² Yes

Building Height 9m 8m Yes

2. Compliance with The Hills Development Control Plan

The proposal has been assessed against the provisions of The Hills Development Control Plan (THDCP) particularly:-

 Part B Section 4 – Multi Dwelling Housing

 Part C Section 1 – Parking

 Part C Section 3 - Landscaping

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PAGE 7 The proposed development achieves compliance with the relevant requirements of the above Development Controls with the exception of the following:

DEVELOPMENT

CONTROL DCP

REQUIREMENTS PROPOSED

DEVELOPMENT COMPLIANCE Solar Access

(Clause 3.12(c))

Multi dwelling housing

developments are to be designed to ensure that at least 80% of dwellings have a private open space that receives direct sunlight to 50% of the required courtyard area between 9am and 3pm on 21 June.

For the remaining 20% of units 50% of each private open space area is to receive direct sunlight for 3 hours between 9am and 3pm on June 21.

For the proposed development, 80%

equates to 11 dwellings.

Eight dwellings achieve compliance with this part of the control.

For the proposed development, 20%

equates to three dwellings.

Two of the remaining dwellings achieve compliance with this part of the control.

No, however the proposed

development is considered to be well designed to provide useable private open space that receives adequate solar

access and

maximises amenity.

a) Solar Access

The DCP requires that 80% of dwellings have private open space that receives direct sunlight to 50% of the required courtyard area between 9am and 3pm on 21 June.

For the remaining 20% of units 50% of each private open space area is to receive direct sunlight for 3 hours between 9am and 3pm on June 21.

The relevant objective of this clause of the DCP is:

(ii) To provide private outdoor living space that receives a reasonable quantity of sunshine during all months of the year.

The applicant has provided the following justification for the variation:

Each dwelling has a front courtyard and primary open space area at the rear of the dwelling. The shadow diagrams submitted with the application demonstrate that while not 12 of the 15 dwelling receive sunlight to 50% of the rear private open space area, every dwelling receives sunlight to either the front yard, rear yard, or both during midwinter.

At 9am, 8 dwellings receive sunlight to at least 50% of ne area of private open space.

At 12pm, 9 dwellings receive sunlight to the primary private open space area and 2 dwellings receive sunlight to the front courtyard.

As the DCP does not specify how long the area is required to be provided with sunlight, and given the orientation of the site and the provision of two courtyards per dwelling to allow for solar access to some area of private open space, as opposed to no solar access to just a rear yard, the numerical non-compliance is worthy of support on merit.

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PAGE 8 Comment:

A solar access table was submitted by the applicant to show the solar access provision for the development (Refer to Attachment 7). The four dwellings that do not achieve the required solar access are Dwellings 11-14. These dwellings achieve compliant solar access for two hours only. It is noted that the private open space for these dwellings is located primarily in the south east corner of the site, making solar access more difficult to achieve.

The proposed development achieves full compliance with the remainder of the DCP controls, including density, building height, setbacks, private open space, common open space, car parking and landscaping.

To maximise amenity and opportunities for solar access for each dwelling, in addition to the private open space located at the rear, all dwellings are provided with a landscaped front courtyard area. The orientation of these areas is different to the private open space to maximise solar access opportunities for each dwelling.

The proposed development is considered to be adequately designed to provide maximum solar access opportunities for the private open space as demonstrated by the otherwise compliant design. The solar access provided is considered to be reasonable and satisfactory in this instance.

3. Issues Raised in Submissions

The application was notified on two occasions, once when the application was lodged and again when amended plans were received. Six submissions were received during the first notification period and one further submission during the second.

The issues raised in the submissions are summarised below.

ISSUE/OBJECTION COMMENT

Four west facing balconies and several windows will overlook the living areas of the adjoining properties. High sill windows and balcony screening should be incorporated into the design.

The balconies referred to in the submission relate to Proposed Dwellings 2-5 on the western side of the proposed development (Refer to Attachment 5). The balconies of these dwellings are set back 6 metres from the side property boundary as required by the DCP and are recessed into the building to minimise their visual impact and potential for overlooking. The balconies are also only 1 metre in depth which limits their use. The dwellings on the adjoining property in the vicinity of the proposed dwellings are set back approximately 6 metres from the shared property boundary. As a result, approximately a 12 metre separation between dwellings is provided which is considered sufficient.

Landscape screening and tree planting is proposed along the western side boundary and an existing paperbark tree on the adjoining property that is within close proximity to the boundary will also remain to further screen the development.

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PAGE 9

The trees and hedging proposed on the western boundary should be well maintained so that they do not block the sun to adjoining properties.

Existing vegetation, tree and hedge maintenance will be the responsibility of the appointed strata manager.

Council does not maintain trees on private property.

The proposal exceeds the maximum

density permitted by Council. The original proposal exceeded the maximum density control in the DCP. This was raised with the applicant who subsequently amended the proposal to comply.

Traffic and parking from construction vehicles will impact safety and make residents driveway access more difficult during construction.

Increased traffic and parking congestion is always experienced when a site is developed.

Should any issues arise during construction, residents are advised to contact Council and have the matter investigated.

The road surface of Church Street is already compromised. The additional truck and vehicle movements required during demolition, excavation and construction of the development will worsen this further. Can Council assure residents that road quality and maintenance will be given serious attention?

A pre and post public infrastructure inventory report are required to be undertaken and submitted to Council. Any damage is to be rectified by the applicant (Refer to Condition No.’s 34 and 64).

Concern is raised regarding the potential damage to adjoining properties from the excavation required for the basement. The “Noise

& Vibration Management Plan during the Demolition, Excavation and Construction for No 21 – 25 Church Street Castle Hill” has been reviewed and assurance is sought on the following issues:

1. That the Building Inspection takes place by an independent qualified consultant, before construction begins.

2. That we are provided with a copy of the “Dilapidation” report, prior to construction commencing.

3. That any property damage caused directly or indirectly as a result of the construction work will be rectified at no cost to us.

4. That work on the development and construction site will only take place as per the conditions, stipulated in the report.

5. That all other requirements of the report will be fulfilled.

The proposal, including the referenced report, has been reviewed by Council’s Environmental Health Team who raised no objection to the proposal subject to conditions. These conditions include one that requires the development, during construction, to comply with the Interim Construction Noise Guideline published by the Department of Environment and Climate Change (July 2009).

A condition of consent is also recommended that requires a dilapidation report be prepared and submitted by a structural engineer for any dwelling or associated structure within the zone of influence prior to work commencing (Refer to Condition No. 35).

An updated dilapidation report is also required to be prepared and submitted to Council prior to issue of an Occupation Certificate. The report is required to identify any damage to adjoining properties and the means of rectification for the approval of Council (Refer to Condition No. 68).

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Garbage trucks will have difficulty collecting bins during construction due to the increased traffic and cars parked on Church Street.

Council’s garbage collection contractors will ensure that that bins are collected on collection day. If required, the time bins are collected can be adjusted.

Objection is raised to two proposed tree species:

- the Ficus macrocarpa Hilli Flash due to its invasive root system; and - Cupaniopsis due to its size, potential for overshadowing and damage/

branch drop during windy weather

The applicant has amended the proposal to remove the Ficus from the planting scheme and replace it with a more suitable species. When the proposed was renotified, this concern was withdrawn in a further submission received.

The Cupaniopsis proposed is considered to be a suitable species for planting in residential developments. The planting location in the vicinity of the western boundary is set back from the boundary to allow adequate space for growth within the subject site and also for hedge planting in between the tree and property boundary. It is also noted that this species of tree is used by Council for street tree and road swale planting in residential areas.

There is a very large paperbark tree on 19 Church Street that is within 21cm of the common property boundary with the proposed development. The tree causes safety concerns for the adjoining property and was not approved for removal by Council when requested. Can this tree now be removed given the number of trees going as part of this application?

A Tree Removal Application was lodged with Council in 2013 for the removal of this tree.

However, permission was not granted at the time as the tree was considered to be healthy.

Should the property owners wish to have the tree re-evaluated, a new application should be made and lodged with Council. The current proposal has been designed to ensure that it does not impact the tree.

The fencing on the boundary between 19 and 21 Church Street is lap and capped timber. Can the new fencing in the area be consistent with the existing fence?

The fencing along this boundary has been conditioned to match the existing fencing as requested (Refer to Condition No. 1).

Church Street is already a busy street due to bus commuters parking there.

Pedestrians, including school children, often walk on the road as there is no footpath on one side of the road.

Concern is raised that the road is not wide enough to accommodate parked cars on both sides while allowing for passing trucks and cars.

It is assumed that suitable traffic and safety supervision will be made during construction given the busy location of the development site.

Can parking restrictions be placed to help reduce congestion?

Increased traffic and parking congestion is always experienced when a site is developed however the Private Certifier appointed to supervise construction will ensure road and pedestrian safety is maintained at all times.

Should any issues arise during construction, residents are advised to contact Council and have the matter investigated.

The request for parking restrictions has been referred to Council’s Local Traffic Committee for consideration.

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PAGE 11

It is also assumed that Council will ensure the development will comply with the BCA.

A condition of consent is recommended in this regard (Refer to Condition No.12). The Certifier will be responsible for supervising the contractors of the development.

Traffic lights should be considered at the Old Northern Road intersections of Church Street and Parsonage Road to ensure safe passage.

This request has been passed on to Council’s Local Traffic Committee for consideration. The provision of traffic lights is not warranted by the increase in traffic from the proposed development alone.

Is there an exhaust stack proposed

for the basement? The plans do not show any mechanical ventilation for the basement is proposed. Should future ventilation be required for the basement, it is required to comply with the BCA and Australian Standard.

The properties to the north are lower and may be impacted by overland flow from the development as there appears to be a lack of drainage in this area.

The open space areas at the rear of the proposed development are graded to fall into the site. The stormwater plans note that connecting this area to the OSD may result in uncontrolled flows. The stormwater management design has been reviewed by Council’s Engineer who raised no objection subject to the imposition of conditions. These conditions include one that states that the entire site area must be graded, collected and drained by pits and pipes to a suitable point of legal discharge (Refer to Condition No. 9).

This is to ensure no adverse impact on adjoining properties occurs as a result of the development.

Car headlights exiting the new driveway will shine into the properties opposite.

The proposed development is located on the high side of Church Street and as a result, any properties on the low side are more vulnerable to light spill due to topography alone.

The driveway location is considered acceptable.

The design is not in keeping with existing development and is more suited to an area like Kellyville / Rouse Hill.

Surrounding development all has a pitch roof.

The subject site is zoned R3 Medium Density Residential.

It is anticipated that over time dwellings in this area will be replaced with higher density development in line with the development potential of the land.

Notwithstanding this, the proposed design is considered to suit the emerging and envisaged character of the area.

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PAGE 12 The garbage room appears

inadequate for the development and the landscape design does not cater for the placement of bins on the naturestrip for collection.

Objection is raised to so many bins being presented to the street for collection each week.

Residential garbage is calculated for weekly collection and recycling for fortnightly collection based on 120 litres of garbage capacity and 120 litres of recycling capacity per dwelling.

A condition of consent is recommended that the required bin enclosure is to provide for a minimum number of 2 x 1100 litre garbage bins, 2 x 1100 litre recycling bins and 4 x 240 litre garden organics bins.

The proposal originally included basement level garbage rooms with kerbside collection.

However, this was not supported by Council. The applicant was requested to amend the design to provide a communal bin enclosure within the front setback.

Roadside collection of bins is the preferred method of waste management by Council in this instance. It has been determined that adequate space is available for the bins to be collected from Church Street.

The visitor spaces will likely be utilised by residents resulting in visitors having to park on the street.

How is visitor parking accessed if the basement is secure?

Managing the use of the visitor spaces will be the responsibility of the strata manager.

The statement of environmental effects submitted with the application states that to ensure visitor parking is accessible, an intercom system will be installed at the entrance to the basement car park.

The size of each dwelling indicates it is more likely a three bedroom than a two bedroom which will worsen all impacts of the development.

Upon review of the plans originally lodged with the application, concern was raised by Council that at least 11 of the 15 dwellings were easily able to be converted to three bedroom dwellings as a result of the internal layouts proposed.

The applicant subsequently amended the plans to ensure the dwellings were not able to be converted without significant works being undertaken.

5. Internal Referrals

The application was referred to following sections of Council:

 Engineering

 Environmental Health

 Resource Recovery

 Tree Management

No objection was raised to the proposal (as amended) subject to conditions.

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PAGE 13 a. Waste Management

The proposed bin enclosure shown on the plans is required to be further amended in order to comply with Council requirements as detailed in Condition No.’s 19 and 28. The enclosure must also be provided with a direct path to the street and the door of the enclosure must face Church Street.

CONCLUSION

The Development Application has been assessed against the relevant heads of consideration under Section 4.15C 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 variations to the relevant controls in the DCP have been addressed in the report and are considered satisfactory

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

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 (as amended)

The development being carried out in accordance with the approved plans and details submitted to Council, as amended in red, stamped and returned with this consent.

The amendments in red include: -

 Amendments to the bin enclosure as detailed in Condition No.’s 19 and 28; and

 A notation that the western side boundary fencing is to be lapped and capped timber to match the existing fencing on this boundary.

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PAGE 14 REFERENCED PLANS AND DOCUMENTS

DRAWING NO DESCRIPTION REVISION DATE

A-0-00 Cover Sheet C 06/03/2018

A-1-03 Demolition Plan B 06/03/2018

A-1-04 Consolidation Plan C 06/03/2018

A-1-02 Site Plan D 06/03/2018

A-2-01 Basement Plan F 06/03/2018

A-2-02 Ground Floor Plan E 06/03/2018

A-2-03 First Floor Plan E 06/03/2018

A-2-04 Roof Plan D 06/03/2018

A-3-01 Section and Perspective E 06/03/2018

A-3-02 Elevations 01 D 06/03/2018

A-3-03 Elevations 02 D 06/03/2018

A-3-04 Elevations 03 D 06/03/2018

A-4-01 Finishes Schedule and Adaptable

Dwelling Detail D 06/03/2018

LP001 Landscape Cover Sheet and

General Arrangement Plan H 12/03/2018

LP101 Landscape Plan 1 H 12/03/2018

LP201 Typical Unit Layout and Elevation H 12/03/2018

LP202 Landscape Sections H 12/03/2018

LP301 Plant Schedule H 12/03/2018

LP401 Tree Protection Plan H 12/03/2018

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.

3. Tree Removal

Approval is granted for the removal of Tree 1, 2, 4, 5, 6, 7, 8, 9, 13, 14, 15, 16, 17, 18, 19, 20, as specified in Arboricultural Impact Assessment prepared by NSW Tree Services Pty Ltd dated 15 May 2017.

Project Arborist shall be on site to supervise demolition of existing garage adjacent Tree 3.

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.

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PAGE 15 4. Planting Requirements

All trees planted as part of the approved landscape plan are to be minimum 75 litre pot size. All shrubs planted as part of the approved landscape plan are to be minimum 200mm pot size. Groundcovers are to be planted at 5/m².

For all planting on slab and planter boxes allow the following minimum soil depths:

 1.2m for large trees or 800mm for small trees;

 650mm for shrubs;

 300-450mm for groundcover; and

 200mm for turf.

Note: this is the soil depth alone and not the overall depth of the planter.

An additional tree from the following list is to be planted to the north eastern boundary of the Communal Open Space adjacent rear garden of Unit 5.

 Backhousia citriodora (Lemon Myrtle)

 Harpullia pendula (Tulipwood)

 Elaeocarpus reticulatus (Blueberry Ash)

 Tristaniopsis Laurina ‘Luscious’

5. Separate Application for Strata Subdivision

The strata title subdivision of the development is not included. A separate development application or complying development certificate application is required.

6. 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.

7. 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

 AS/ NZS 2890.6

 AS 2890.2

 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 be prominently and permanently line marked, signposted and maintained to ensure entry and exit is in a forward direction at all times and that parking and traffic circulation is appropriately controlled, making special note that the basement car parking entrance/ exit will require additional traffic management assets to the submitted development application plans to satisfy this clause. These traffic management assets are to be supported by a swept path analysis plan to clearly demonstrate simultaneous ingress and egress traffic satisfactorily manoeuvring in this area.

 All driveways and car parking areas must be separated from landscaped areas by a low level concrete kerb or wall.

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PAGE 16

 All driveways and car parking areas must be concrete or bitumen. The design must consider the largest design service vehicle expected to enter the site. In rural areas, 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.

8. Vehicular Crossing Request

Each driveway requires the lodgement of a separate vehicular crossing request accompanied by the applicable fee as per Council’s Schedule of Fees and Charges.

9. 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.

Works on existing public roads or any other land under the care and control of Council must be approved and inspected by Council in accordance with the Roads Act 1993 or the Local Government Act 1993. A separate minor engineering works application and inspection fee is payable as per 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 driveways must be built to Council’s medium duty standard.

The driveway must be a minimum of 6m wide for the first 6m into the site, measured from the boundary.

The driveway must provide additional traffic management assets (line marking/

signposts) to ensure satisfactory simultaneous ingress and egress into the basement car park area.

On high level sites a grated drain must be provided on the driveway at the property boundary.

A separate vehicular crossing request fee is payable as per Council’s Schedule of Fees and Charges.

b) Disused Layback/ Driveway Removal

All disused laybacks and driveways must be removed and replaced with kerb and gutter together with the restoration and turfing of the adjoining footpath verge area.

c) Concrete Footpath Paving

A 1.5m wide concrete footpath paving, including access ramps at all intersections, must be provided across the street frontage of the development site transitioning into the existing footpath adjacent in accordance with the above documents.

d) Footpath Verge Formation

The grading, trimming, topsoiling and turfing of the footpath verge fronting the development site is required to ensure a gradient between 2% and 4% falling from the boundary to the top of kerb is provided. This work must include the construction of any retaining walls necessary to ensure complying grades within the footpath verge area. All retaining walls and associated footings must be contained wholly within the subject site.

Any necessary adjustment or relocation of services is also required, to the requirements of the relevant service authority. All service pits and lids must match the finished surface level.

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PAGE 17 e) Site Stormwater Drainage

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

10. Road Opening Permit

Should the subdivision/ development necessitate the installation or upgrading of utility services or any other works on Council land beyond the immediate road frontage of the development site and these works are not covered by a Construction Certificate issued by Council under this consent then a separate road opening permit must be applied for and the works inspected by Council’s Maintenance Services team.

The contractor is responsible for instructing sub-contractors or service authority providers of this requirement. Contact Council’s Construction Engineer if it is unclear whether a separate road opening permit is required.

11. Construction Certificate

Before any works are carried out a Construction Certificate must be obtained. The plans and accompanying information submitted with the Construction Certificate must comply with the conditions included with this consent.

12. 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.

13. Contamination Assessment

The recommendations of the Preliminary Environmental Investigation Report for 21-25 Church Street, Castle Hill prepared by Pty Ltd referenced as ESWN-PR-2017-111ENV and dated 25 May 2017 and submitted as part of the Development Application are to be implemented as part of this approval.

14. Adherence to Demolition and Construction 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 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.

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.

15. 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

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PAGE 18 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.

16. Disposal of Surplus Excavated Material

The disposal of surplus excavated material, other than to a licenced waste facility, is not permitted without the previous written approval of Council prior to works commencing on site. Any unauthorized disposal of waste, which includes excavated material, is a breach of the Protection of the Environment Operations Act 1997 and subject to substantial penalties. 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.

17. Commencement of Domestic Waste Service

A domestic waste service must be commenced with Council for the entire site. The service is to be arranged no earlier than two days prior to occupancy and no later than two days after occupancy. All requirements of Council’s domestic collection service must be complied with at all times. Please telephone Council on (02) 9843 0310 for the commencement of waste services.

18. Construction of Garbage Room

All work involving construction of the garbage room must comply with the requirements below. Storage facility for must be provided for a minimum number of 2 x 1100 litre garbage bins, 2 x 1100 litre recycling bins and 4 x 240 litre garden organics bins.

1. The layout of the garbage room must ensure that each bin is easily accessible and manoeuvrable in and out of the room with minimal or no manual handling of other bins.

2. The walls of the garbage room must be constructed of brickwork that is a minimum height of 1.5m.

3. The floor of the garbage room must be constructed of concrete with a smooth non-slip finish, graded and drained to sewer. The garbage room must be roofed.

4. The garbage room must have a waste servicing door, with a minimum clear floor width of 1.5m. The door must be located to allow the most direct access to the bins by collection contractors. Acceptable waste servicing doors are single or double swinging doors.

5. The garbage room must have a suitable residential access door, which allows wheelchair access for adaptable sites. Suitable resident access doors are single or double swinging doors.

6. All doors of the garbage room, when fully opened, must be flush with the outside wall and must not block or obstruct the driveways or footway. All doors must be able to be fixed in position when fully opened.

7. The garbage room must be adequately ventilated (naturally).

8. The garbage room must be provided with a hose tap, connected to a water supply, to facilitate bin washing. If the tap is located inside the room, it is not to conflict with the space designated for the placement of bins.

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PAGE 19 9. The garbage room must be provided with a light (automatic sensor light

recommended).

10. The maximum grade acceptable for manually moving bins for collection purposes is 5%. This is to allow safe manoeuvring and servicing of full bins by waste collection operators.

11. The garbage room must have appropriate signage, provided by Council, mounted in a visible location on an internal wall and is to be permanently maintained by the Body Corporate.

12. Finishes and colours of the garbage room are to complement the design of the development.

Bin Measurements (mm)

1100L: 1245 (d) 1370 (w) 1470 (h) 240L: 735 (d) 580 (w) 1080 (h) 19. Property Numbering for Multi Unit Housing Developments The responsibility for property numbering is vested solely in Council.

The property address for this development is: 1-15/21 Church Street Castle Hill.

Approved unit numbering is as per plans submitted marked as DWG No LP001 Rev E dated 11/7/2017.

These numbers, unless otherwise approved by Council in writing, are to be displayed clearly on all door entrances.

Clear and accurate external directional signage is to be erected on site at driveway entry points and on buildings. It is essential that all numbering signage throughout the complex is clear to assist emergency service providers locate a destination with ease and speed.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 20. Notice of Requirements

The submission of documentary evidence to the Certifying Authority, including a Notice of Requirements, from Sydney Water Corporation confirming that satisfactory arrangements have been made for the provision of water and sewerage facilities.

Following an application a “Notice of Requirements” will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Co- ordinator, since building of water / sewer extensions can be time consuming and may impact on other services and building, driveway and landscape design.

21. Onsite Stormwater Detention – Hawkesbury River Catchment Area

Onsite Stormwater Detention (OSD) is required in accordance with Council’s adopted policy for the Hawkesbury River catchment area, the Upper Parramatta River Catchment Trust OSD Handbook, with amended parameters for the site storage requirement and permissible site discharge.

The stormwater concept plan prepared by Greenview Consulting Drawing 160429 Revision 7 dated 16/03/2018 is for development application purposes only and is not to be used for construction. The detailed design must reflect the approved concept plan and the following necessary changes:

a) Completion of pool fencing around the above ground basins to ensure safety.

b) Concrete benching of the discharge control pit to allow water to free drain out of the pit rather than pool and seep below.

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PAGE 20 The design and construction of the OSD system must be approved by either Council or an accredited certifier. A Design Compliance Certificate (DCC) certifying the detailed design of the OSD system can be issued by Council. The following must be included with the documentation approved as part of any Construction Certificate:

- Design/ construction plans prepared by an accredited OSD designer.

- A completed OSD Drainage Design Summary Sheet.

- Drainage calculations and details, including those for all weirs, overland flow paths and diversion (catch) drains, catchment areas, times of concentration and estimated peak run-off volumes.

- A completed OSD Detailed Design Checklist.

- A maintenance schedule.

22. Stormwater Pump/ Basement Car Park Requirements

The stormwater pump-out system must be designed and constructed in accordance with AS/ NZS 3500.3:2015 - Plumbing and Drainage - Stormwater drainage. The system must be connected to the Onsite Stormwater Detention system before runoff is discharged to the street (or other point of legal discharge) along with the remaining site runoff, under gravity. All plans, calculations, hydraulic details and manufacturer specifications for the pump must be submitted with certification from the designer confirming compliance with the above requirements.

23. Security Bond – Road Pavement and Public Asset Protection

In accordance with Section 4.17(6) of the Environmental Planning and Assessment Act 1979, a security bond of $127,500.00 is required to be submitted to Council to guarantee the protection of the road pavement and other public assets in the vicinity of the site during construction works. The above amount is calculated at the rate of $85.00 per square metre based on the road frontage of the subject site plus an additional 50m on either side (150m) multiplied by the width of the road (10m).

The bond must be lodged with Council before a Construction Certificate is issued for the building works.

The bond is refundable upon written application to Council and is subject to all work being restored to Council’s satisfaction. Should the cost of restoring any damage exceed the value of the bond, Council will undertake the works and issue an invoice for the recovery of these costs.

24. Engineering Works and Design

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.

Engineering works can be classified as either “subdivision works” or “building works”.

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 in accordance with the Roads Act 1993 and the Local Government Act 1993 respectively.

The following engineering works are required:

a) Stormwater Drainage – Pipe Extension

A new kerb inlet pit must be provided in Church Street fronting the site and the street drainage extended from the existing pit downstream. The pipe extension must be located under the existing kerb requiring the removal and reconstruction of the kerb and gutter and road shoulder.

25. Security Bond Requirements

A security bond may be submitted in lieu of a cash bond. The security bond must:

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PAGE 21

 Be in favour of The Hills Shire Council;

 Be issued by a financial institution or other accredited underwriter approved by, and in a format acceptable to, Council (for example, a bank guarantee or unconditional insurance undertaking);

 Have no expiry date;

 Reference the development application, condition and matter to which it relates;

 Be equal to the amount required to be paid in accordance with the relevant condition;

 Be itemised, if a single security bond is used for multiple items.

Should Council need to uplift the security bond, notice in writing will be forwarded to the applicant 14 days prior.

26. Erosion & Sediment Control Plan

Submission of an Erosion and Sediment Control Plan to the Principal Certifying Authority, including details of:

a) Allotment boundaries

b) Location of the adjoining roads c) Contours

d) Existing vegetation e) Existing site drainage f) Critical natural areas g) Location of stockpiles h) Erosion control practices i) Sediment control practices

j) Outline of a maintenance program for the erosion and sediment controls

(NOTE: For guidance on the preparation of the Plan refer to ‘Managing Urban Stormwater Soils & Construction’ produced by the NSW Department of Housing).

27. Section 7.12 Contribution

Pursuant to section 4.17 (1) of the Environmental Planning and Assessment Act 1979, and The Hills Section 94A Contributions Plan, a contribution of $68,341.03 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 94A 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%

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PAGE 22 28. Redesigned Garbage Room Required

Prior to the issue of a Construction Certificate, amended plans must be submitted to and approved by Council showing the following:

 A direct path leading from the garbage room to the street including kerb crossing (pram ramp). The path must be a minimum of 1.5m wide and not exceed a grade of 5%. Bins must not be wheeled to the street via the sites driveway.

 The garbage room door is repositioned to front Church Street.

Minimum storage facility must be maintained for the minimum number of bins as specified under ‘Construction of Garbage Room’.

PRIOR TO WORK COMMENCING ON THE SITE 29. Tree Protection Fencing

Prior to any works commencing on site Tree Protection Fencing must be in place around trees or groups of trees nominated for retention. In order of precedence the location of fencing shall be a) As per Tree Protection Plan as per Arborist report for project or b) Tree Protection Zone (TPZ) as calculated under AS4970 (2009) Protection of trees on development sites c) A minimum of 3m radius from trunk.

The erection of a minimum 1.8m chain-wire fence to delineate the TPZ is to stop the following occurring:

 Stockpiling of materials within TPZ;

 Placement of fill within TPZ;

 Parking of vehicles within the TPZ;

 Compaction of soil within the TPZ;

 Cement washout and other chemical or fuel contaminants within TPZ; and

 Damage to tree crown.

30. Tree Protection Signage

Prior to any works commencing on site a Tree Protection Zone sign must be attached to the Tree Protection Fencing stating “Tree Protection Zone No Access” (The lettering size on the sign shall comply with AS1319). Access to this area can only be authorised by the project arborist or site manager.

31. Mulching within Tree Protection Zone

Prior to any works commencing on site all areas within the Tree Protection Zone are to be mulched with composted leaf mulch to a depth of 100mm.

32. Trenching within Tree Protection Zone

Any trenching for installation of drainage, sewerage, irrigation or any other services shall not occur within the Tree Protection Zone of trees identified for retention supervision of a project arborist. Certification of supervision must be provided to the Certifying Authority within 14 days of completion of trenching works.

Root pruning should be avoided, however where necessary, all cuts shall be clean cuts made with sharp tools such as secateurs, pruners, handsaws, chainsaws or specialised root pruning equipment. Where possible, the roots to be pruned should be located and exposed using minimally destructive techniques such as hand-digging, compressed air or water-jetting, or non-destructive techniques. No roots larger than 40mm diameter to be cut without Arborist advice and supervision. All root pruning must be done in accordance with Section 9 of Australia Standard 4373-2007 Pruning of Amenity Trees.

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PAGE 23 33. Separate OSD Detailed Design Approval

No work is to commence until a detailed design for the OSD system has been approved by either Council or an accredited certifier.

34. Public Infrastructure Inventory Report

A public infrastructure inventory report must be prepared and submitted to Council recording the condition of all public assets in the direct vicinity of the development site.

This includes, but is not limited to, the road fronting the site along with any access route used by heavy vehicles. If uncertainty exists with respect to the necessary scope of this report, it must be clarified with Council before works commence. The report must include:

 Planned construction access and delivery routes; and

 Dated photographic evidence of the condition of all public assets.

35. Adjoining Property Dilapidation Report

A dilapidation report must be prepared and submitted by a structural engineer recording the condition of any dwelling or ancillary structures within the likely zone of influence from any excavation, dewatering or construction induced vibration.

36. Management of Building Sites – Builder’s Details

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. In the case of a privately certified development, the name and contact number of the Principal Certifying Authority.

37. 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.

38. Principal Certifying Authority

A sign is to be erected in accordance with Clause 98 A (2) of the Environmental Planning and Assessment Regulations 2000.

39. 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.

40. Builder and PCA Details Required

Notification in writing of the builder’s name, address, telephone and fax numbers to be submitted to the Principal Certifying Authority prior to work commencing.

Two days before work commences, Council shall be notified of the Principal Certifying Authority in accordance with the Regulations.

41. Notification of Asbestos Removal

Prior to commencement of any demolition works involving asbestos containing materials, all adjoining neighbours and Council must be given a minimum five days written notification of the works.

42. 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

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PAGE 24 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.

43. Site Water Management Plan

A Site Water Management Plan is to be prepared. The plan shall be in accordance with

"Managing Urban Stormwater - Soils and Construction" (Blue Book) produced by the NSW Department of Housing. The plan is to be kept on site at all times and made available upon request.

44. Erosion & Sediment Control Plan Kept on Site

A copy of the Erosion and Sediment Control Plan must be kept on site at all times during construction and available to Council on request.

45. Demolition Works and Asbestos Management

The demolition of any structure is to be carried out in accordance with the Work Health and Safety Act 2011. All vehicles transporting demolition materials from the site are to have covered loads and are not to track any soil or waste materials on the road. Should demolition works obstruct or inconvenience pedestrian or vehicular traffic on adjoining public road or reserve, a separate application is to be made to Council to enclose the public place with a hoard or fence. All demolition works involving the removal and disposal of asbestos (of an area more than 10 square metres) must only be undertaken by a licenced asbestos removalist who is licenced to carry out the work. 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.

Asbestos removal must be carried out in accordance with the WorkCover, Environment Protection Authority and Office of Environment and Heritage requirements. Asbestos to be disposed of must only be transported to waste facilities licenced to accept asbestos.

No asbestos products are to be reused on the site.

46. Discontinuation of Domestic Waste Services

Council provides a domestic waste service to the property subject to this Development Application. This service must be cancelled prior to demolition of the existing dwelling or where the site ceases to be occupied during works, whichever comes first. You will continue to be charged where this is not done. No bins provided as part of the domestic waste service are to remain on site for use by construction workers, unless previous written approval is obtained from Council. To satisfy this condition, the Principal Certifying Authority must contact Council on (02) 9843 0310 at the required time mentioned above to arrange for the service to be discontinued and for any bins to be removed from the property by Council.

DURING CONSTRUCTION 47. Standard of Works

All work must be carried out in accordance with Council’s Works Specification Subdivisions/ Developments and must include any necessary works required to make the construction effective. All works, including public utility relocation, must incur no cost to Council.

48. Hours of Work

Work on the project to be limited to the following hours: -

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PAGE 25 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.

49. Survey Certificate

A survey certificate signed and dated (including contact details) from a registered land surveyor may be requested by the Principal Certifying Authority at footings and/or formwork stage. The certificate shall indicate the location of the building/structure in relation to all boundaries, and shall confirm the floor/coping level prior to any work proceeding on the building/structure.

50. 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. 825077M_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.

51. Compliance with 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.

52. 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.

53. Asbestos Removal

Asbestos containing material, whether bonded or friable, shall be removed by a licenced asbestos removalist. A signed contract between the removalist and the person having the benefit of the development application is to be provided to the Principle Certifying Authority, identifying the quantity and type of asbestos being removed. Details of the landfill site that may lawfully receive the asbestos is to be included in the contract.

Once the materials have been removed and delivered to the landfill site, receipts verifying the quantity received by the site are to be provided to the Principle Certifying Authority.