ASSESSMENT UNIT

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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 10 November 2020

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

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DEVELOPMENT ASSESSMENT UNIT MEETING 10 NOVEMBER, 2020

PAGE 2

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 900/2020/HA - CONSTRUCTION OF A 90 PLACE CHILD CARE CENTRE AND ASSOCIATED WORKS - LOT 41 DP 1229900 150A OLD PITT TOWN ROAD, BOX HILL

8

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PAGE 3 ITEM-1 CONFIRMATION OF MINUTES

MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 3 NOVEMBER 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

Brent Woodhams Principal Coordinator - Forward Planning, Shire Strategy Transformation & Solutions

Kristine McKenzie Principal Executive Planner APOLOGIES:

Nicholas Carlton Manager – Forward Planning

TIME OF COMMENCEMENT:

8:31 AM

TIME OF COMPLETION:

8:58 AM

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 27 October 2020 to be confirmed.

ITEM 2: DA 1055/2018/ZA/A - LOT 21 DP 270304, 19 ADEY PLACE, CASTLE HILL - SECTION 4.55(2)

MODIFICATIONS TO A SMALL LOT HOUSING

DEVELOPMENT AND SUBDIVISION CREATING TWO RESIDENTIAL LOTS/ TWO DWELLING HOUSES TO AMEND THE DESIGN OF BOTH DWELLINGS.

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

ACT, 1979

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PAGE 4 DECISION

The modification application is recommended for approval subject to proposed amended and additional conditions.

REASONS FOR THE DECISION

 Section 4.15 EP&A Act 1979 – Satisfactory

 Section 4.55 EP&A Act 1979 – Satisfactory

 The Hills LEP 2019 – Satisfactory

 SEPP (BASIX) 2004 – Satisfactory

 SEPP 55 – Remediation of Land – Satisfactory

 The Hills DCP 2012 – Part B Section 2 – Residential – Variations sought (see report) HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The modification application was notified and submissions from the owners/ occupiers of two adjoining properties were received. The issues raised primarily relate to safety concerns regarding the use of the shared carriageway, easement encroachments, omission of benefitted lots for easements, non-compliance with the Community Management Statement, parking provisions, impact on property values and setbacks to adjoining properties. The concerns raised have been addressed in the report.

The modification application is recommended for approval subject to proposed amended and additional conditions.

ITEM 3: DA 35/2021/LA - ALTERATIONS AND ADDITIONS TO AN EXISTING DWELLING AND A SPA, LOT 12 DP 1168572, NO. 43 AIKEN ROAD, WEST PENNANT HILLS.

ACT, 1979 DECISION

The application is recommended for approval subject to conditions of consent.

 Section 4.15 (EP&A Act) – Satisfactory. LEP 2019 Satisfactory.

 SEPP BASIX – Satisfactory.

 DCP Part B Section 2 Residential – Variation required, see report.

 Section 7.12 Contribution: $3,190,00

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PAGE 5 HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The application was notified to adjoining and surrounding property owners and two submissions were received.

The issues raised primarily relate to overdevelopment on the site, overshadowing impacts and visual and acoustic privacy concerns. The proposed works will not have an unreasonable impact on the adjoining properties as the development complies with the site coverage, solar access and the building height requirements of the DCP and the design adequately considers acoustic and visual privacy.

ITEM 4: 68/2020/HA - ALTERATIONS AND ADDITIONS TO AN EXISTING DWELLING CREATING AN ATTACHED DUAL OCCUPANCY - LOT 12 DP 566941, NO. 63 GEORGE MOBBS DRIVE, CASTLE HILL

The application is recommended for approval subject to conditions.

 Section 4.15 (EP&A Act) – Satisfactory. LEP 2012 – Satisfactory.

 SEPP BASIX 2004 – Satisfactory

 State Environmental Planning Policy No 55—Remediation of Land – Satisfactory.

 DCP Part B Section 2 – Residential – Variations required, see report.

 DCP Part B Section 3 – Dual Occupancy – Variation required, see report.

 Section 7.12 Contribution: $761.75

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The application was notified on four occasions and a submission was received from the same property owner during each notification period. During the second notification period a

submission was received from an additional property owner who requested that the concerns raised in the submission were not to be registered as a formal submission.

The issues raised in all submissions primarily relate to Building Code of Australia compliance, earthworks and retaining walls, parking, precedent, waste storage, asbestos removal,

setbacks, visual impact and landscape works. A dual occupancy is a permissible use in the zone. The proposal is considered to be satisfactory in regard to BCA requirements, asbestos and waste removal.

Sufficient onsite parking has been provided and the proposal will not unreasonably impact on streetscape amenity.

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PAGE 6 ITEM 5: 96/2017/LD/B - SECTION 4.55 (2) MODIFICATION TO AN

APPROVED TWO STOREY DWELLING, IN GROUND SWIMMING POOL AND RETAINING WALL - CHANGES TO ROOF - LOT 727 DP 1193392, 8 WATER CREEK BOULEVARD KELLYVILLE

The modification application is recommended for approval subject to modified conditions.

 Section 4.15 (EP&A Act) – Satisfactory Section 4.55 (2) (EP&A Act) – Satisfactory

 The Hills LEP 2019 – Satisfactory

 DCP Part 7 Section D – Balmoral Road Release Area – Satisfactory

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The application was notified and submissions from two adjoining properties were received.

The issues raised primarily relate to loss of streetscape amenity, building height, and the colours and finishes of the building façade being inconsistent with the streetscape.

The survey provided with the application the pediment has been built 856mm higher than previously approved. The maximum height at the front of the dwelling has increased from 8.66m to 9.52m and from 9.22m to 9.42m at the rear of the dwelling. This complies with the Local Environment Plan 2019 height standard of 10m.

The completed colours and finishes comprise a beige and burgundy finish which is different with the approved white and grey colour palette. The completed colours and finishes are not dominant colours and they contribute to providing variety to the existing streetscape. The materials proposed being a rendered façade, metal roofing, concrete balustrades and pylons are consistent with the finishes and materials of surrounding dwellings within the Balmoral Road Release Area and as a result do not dominate the existing streetscape.

ITEM 6: DA 1120/2020/HA - AN ATTACHED DUAL OCCUPANCY DEVELOPMENT- LOT 24 DP 270784, 3 COLEMAN COURT, NORTH KELLYVILLE.

ACT, 1979

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PAGE 7 DECISION

 Section 4.15 (EP&A Act) – Satisfactory. SEPP Growth Centres – Satisfactory.

 North Kellyville Precinct DCP 2018 – Variation, see report.

 Section 7.11 Contribution: $45,000

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The application was notified to adjoining and surrounding properties, and submissions from four (4) properties were received.

The issues raised primarily relates to permissibility, traffic, pedestrian safety, parking, electricity provision, profit from developers, and the dual occupancy development not consistent with the surrounding area. The concerns raised have been addressed in the report and do not warrant refusal of the application.

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PAGE 8 ITEM-2 ITEM - DA 900/2020/HA - CONSTRUCTION OF A 90 PLACE CHILD CARE CENTRE AND ASSOCIATED WORKS - LOT 41 DP 1229900 150A OLD PITT TOWN ROAD, BOX HILL

THEME: Shaping Growth

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: 10 NOVEMBER 2020

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR TOWN PLANNER

JAMES GIBBESON

RESPONSIBLE OFFICER: MANAGER DEVELOPMENT ASSESSMENT PAUL OSBORNE

Applicant Quinn Homes Pty Ltd

Owner Box Hill Pty Ltd

Notification 1^st Notification: 14 days 2^nd Notification: 14 days Number Advised 1^st Notification: 14

2^nd Notification: 14 Number of Submissions 1^st Notification: 2

2^nd Notification: 2 (Same objectors as previous notification) Zoning R2 Low Density Residential

Site Area 2,313.5m²

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

Section 4.15 (EP&A Act) – Satisfactory SEPP Growth Centres – Satisfactory

SEPP (Educational Establishments and Child Care Centres) 2017 – Satisfactory

SEPP No. 55 – Remediation of Land - Satisfactory Box Hill DCP – Satisfactory

DCP Part B Section 6 – Business – Variation, see report

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PAGE 9 DCP Part C Section 1 – Parking – Variation, see report DCP Part C Section 3 – Landscaping – Satisfactory Section 7.11 Contribution: $141,145.59

Political Donation None Disclosed

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

Recommendation Approval subject to conditions

EXECUTIVE SUMMARY

The Development Application is for the construction of a centre-based child care facility and associated works including an at-grade carpark and retaining walls. The proposal will accommodate 82 children and 14 staff. Vehicular access to the site is provided from Old Pitt Town Road with 28 car parking spaces provided within the at-grade carpark to the front of the site.

The proposed development is permissible in the R2 Low Density Residential zone and has been assessed under the relevant provisions of State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 and Child Care Planning Guidelines, State Environmental Planning Policy (Sydney Region Growth Centres) 2006, Box Hill Development Control Plan, The Hills Development Control Plan Part B Section 6 Business, Part C Section 1 – Parking and Part C Section 3 - Landscaping.

The proposed development includes variations to the DCP relating to the front carpark setback, landscape screening width and the provision of parking on the site. The variations are considered to be satisfactory given compliance with the design quality principles in the Child Care Planning Guideline, the total number of car parking spaces provided on the site and the adequate deep soil and landscape screening being provided.

The application was notified on two separate occasions and submissions from two properties were received following both notification periods. The issues raised primarily relate to

impacts of increased traffic flow, compliance with the relevant SEPP and DCPs, acoustic impacts, privacy impacts and compatibility with the ridge character area. These issues are discussed in the body of the report and do not warrant refusal of the application.

BACKGROUND

A pre-lodgement meeting was held on 12 April 2019 for a 120 place, two storey child care centre with an at-grade carpark providing 30 spaces. The applicant was advised at this time that consideration is to be given to the bulk and scale, acoustics impact, visual impact and privacy. In addition, particular regard to character is to be given as the site is located within the Ridge area of Box Hill.

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PAGE 10 The Development Application was lodged on 23 December 2019 for a 90 place child care and associated works including an at-grade carpark and retaining walls. The application was notified to adjoining properties and two submissions were received.

A request for additional information was issued to the applicant on 12 March 2020 with multiple issues raised including design of the development in regards to setbacks, privacy and acoustic impacts, waste, vehicular access, stormwater, landscaping, parking and compliance with SEPP (Education Establishments and Child Care Centres) 2017

Amended plans and documentation were formally received on 28 May 2020. The application was modified to reduce the number of children to 85 and staff to 14. The application was re- notified to adjoining properties for 14 days with two submissions submission received.

Further amendments were requested on 9 July 2020 with amended plans and

documentation provided on 12 August and 14 September 2020 which reduced the number of children to 82 with staff numbers remaining at 14.

PROPOSAL

The Development Application is for the construction of a centre-based child care facility and associated works including an at grade car park and retaining walls. The proposal will accommodate 82 children and 14 staff. Vehicular access to the site is provided from Old Pitt Town Road with 28 car parking spaces provided within the at-grade carpark to the front of the site.

The child care centre will cater for the following age groups and child numbers:

• Age 0 to 2 year olds – 20 children

The child care centre includes two levels. The upper level of the development is partially at ground level to the front with the rear located above the lower level due to the slope of the site. The upper level of the child care centre includes an entry lobby, reception, office, kitchen, bathrooms, storage areas, laundry, external deck and 4 internal play areas serviced by 2 bathrooms with age appropriate amenities. The 0-2 year rooms also include two cot rooms, a nappy change area and bottle preparation bench. A staff area, storage rooms, bathrooms and the pre-school internal play area are located on the lower floor level. An internal stairwell and lift are proposed which provides access to the lower and upper floor levels of the development.

The total area for unencumbered indoor play space is 283m² and the total area for unencumbered outdoor play space is 576m². Direct access to the external play areas is provided from all internal play areas at the upper level to the external deck. The indoor play area on the lower level provides direct access to the external play area to rear of the site.

The external play area is characterised by two main areas, which includes a large deck area directly accessed from the upper floor level and the main outdoor area which is accessed from the deck and the lower floor level. Due to the slope of the site, the external play area has been benched in two locations with retaining walls dividing the play area. The play area for the 0-2 years is located to the north-eastern section of the play area, which is also the highest section. The larger section of the play area separated by the retaining wall is accessed by the deck and lower level and is for use of children aged 2 or over. This play

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PAGE 11 area slopes towards the rear. A retaining wall is partially located through this section with a batter and a slide provided adjacent to allow access to the lower portion of the play area.

Landscape screening of varying widths and species has been provided to each boundary of the development, specifically where the carpark and external play areas are located.

Retaining walls on the site are primarily provided to the eastern boundary due to the slope of the site which has a cross fall of approximately 5m from the front to the rear. The retaining walls have been provided on the eastern boundary to a maximum height of 1.2m to facilitate the cut and fill required to establish an appropriate building platform for the child care centre.

Two retaining walls are provided to the north-west side boundary to enable a suitable slope for the external play area.

The proposed hours of operation are Monday – Friday 7am to 6:30pm.

There is no signage proposed as part of the development application with a condition of consent imposed requiring any signage to be subject to a further development application.

ISSUES FOR CONSIDERATION

1. Compliance with SEPP (Sydney Region Growth Centres) 2006 (i) Permissibility

The land is zoned R2 Low Density Residential under Appendix 11 of SEPP (Sydney Region Growth Centres) 2006. A ‘centre-based child care facility’ is permitted in the R2 Low Density zone. The use is defined in the SEPP as follows:

Centre-based child care facility means:

(a) a building or place used for the education and care of children that provides any one or more of the following:

(i) long day care,

(ii) occasional child care,

(iii) out-of-school-hours care (including vacation care), (iv) preschool care, or

(b) an approved family day care venue (within the meaning of the Children (Education and Care Services) National Law (NSW)), Note. An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning of the Children (Education and Care Services) National Law (NSW)) is provided.

but does not include:

(c) a building or place used for home-based child care or school-based child care, or (d) an office of a family day care service (within the meanings of the Children (Education and Care Services) National Law (NSW)), or

(e) a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or

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PAGE 12 (f) a child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium) to care for children while the children’s parents are using the facility, or

(g) a service that is concerned primarily with providing lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or providing private tutoring, or

(h) a child-minding service that is provided by or in a health services facility, but only if the service is established, registered or licensed as part of the institution operating in the facility.

The proposal is for a centre-based child care facility that provides long day care which is permissible with development consent within the R2 Low Density Residential zone.

(ii) Zone Objectives

The site is zoned R2 Low Density Residential under the SEPP (SRGC) 2006. The objectives of the 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 allow people to carry out a reasonable range of activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours.

• To support the well-being of the community, by enabling educational, recreational, community, religious and other activities where compatible with the amenity of a low density residential environment.

A child care centre is considered a facility or service that meet the day to day needs of residents, consistent with the second objective. Similarly, the use is considered supportive of the well-being of the community through the provision of an educational activity. The

development is compatible with the envisioned low density residential environment within the Box Hill Precinct.

The proposal is considered to be satisfactory in regard to the zone objectives.

(iii) Development Standards

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

CLAUSE REQUIRED PROVIDED COMPLIES

Floor Space Ratio N/A N/A N/A

Height of Buildings 8.5 metres 7.9 metres approx. Yes Minimum Lot Size

Map

2,000m² 2,313.5m² (existing) N/A

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PAGE 13 2. Draft Amendment to SEPP (Sydney Region Growth Centres) 2006

In May 2017 the Department of Planning released the draft North West Land Use and

Infrastructure Implementation Plan. In addition to a new growth centres structure plan and an infrastructure schedule the package proposes a draft amendment to SEPP (Sydney Region Growth Centres) 2006 and associated draft changes to the DCP. The proposed changes include the introduction of density bands (rather than only minimum density) and

reinstatement of minimum lot sizes for all residential areas (that were removed as part of the 2014 Housing Diversity changes). The proposed changes have no effect on the subject approval

3. Compliance with SEPP No. 55 – Remediation of Land

Clause 7 (Contamination and remediation to be considered in determining development application) of SEPP 55 – Remediation of Land, states:

(1) A consent authority must not consent to the carrying out of any development on land unless:

(a) it has considered whether the land is contaminated, and

(b) if the land is contaminated, it is satisfied that the land is suitable in its

contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

(c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

The site is part of a recent subdivision and deemed applicable for residential uses. There appears to be no recent contamination of the site.

Council’s Environment and Health Team has reviewed the proposal and raised no objection to the proposal on grounds of contamination.

In this regard, the proposal is considered to be consistent with the provisions of SEPP 55.

4. Compliance with SEPP (Educational Establishments and Child Care Centres) 2017 The Policy aims to facilitate the effective delivery of educational establishments and early education and child care facilities across the State. The SEPP determines that a consent authority must take into consideration the Child Care Planning Guidelines and National Quality Framework when assessing a development application for a centre-based child care facility.

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

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PAGE 14

CLAUSE REQUIRED PROVIDED COMPLIES

22 Concurrence of the Regulatory Authority

Concurrence required where the indoor/outdoor space does not meet the requirements of the National Regulations which requires:

3.25m² of unencumbered indoor space for each child and

7m² of unencumbered outdoor space for each child.

Indoor/outdoor space meet the requirements of the National Regulations for 82 children

Unencumbered Indoor space: 283m² provided (276.6m² required)

Unencumbered Outdoor space: 576m² provided (574m² required)

Yes

23 Matters for for consideration by by consent authorities

Before determining a development application for development for the

purpose of a centre-based child care facility, the consent authority must take into consideration any applicable provisions of the Child Care Planning Guideline, in relation to the proposed development.

The proposal complies with the provisions of the Child Care Planning Guideline.

Yes, refer to Section 4(i) below for further discussion.

26 Development l Control Plans

A provision of a

development control plan that specifies a requirement, standard or control in

relation to any of the following matters (including by reference to ages, age ratios, groupings, numbers or the like, of children) does not apply to development for the purpose of a centre- based child care facility:

 operational or

management plans or arrangements (including hours of operation),

 demonstrated need or demand for child care services,

 proximity of facility to other

The proposal generally complies with the

provisions of The Hills DCP 2012 and Box Hill DCP 2018 with the exception of the setbacks, landscape screening width and parking.

Yes, refer to Section 5 for further discussion.

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PAGE 15 early childhood education

and care facilities; and (d) any matter relating to

development for the purpose of a centre-based child care facility contained in:

 the design principles set out in Part 2 of the Child Care Planning Guideline, or

 the matters for

consideration set out in Part 3 or the regulatory requirements set out in Part 4 of that Guideline (other than those concerning building height, side and rear setbacks or car parking rates).

(i) Clause 23 Compliance with Child Care Planning Guideline

The Child Care Planning Guideline establishes the assessment framework to deliver

consistent planning outcomes and design quality for centre-based child facilities in the State.

Consideration of the applicable provisions of the Guideline is addressed below:

a) Part 2 Design Quality Principles

The Guideline includes seven design quality principles that relate to context, built form, adaptive learning spaces, sustainability, landscape, amenity and safety.

The proposed centre-based child care facility is designed to complement the existing and future desired low density residential character of the Box Hill Growth Centre. The site is located in the ridge character area, characterized by one or two storey dwellings with large setbacks adjacent to the RU6 transition zone located on the opposing side of Old Pitt Town Road. Although the development includes variation to the front and rear setbacks, the encroachment on these controls ensures that the building is design and sited in a matter which reduces the acoustic and visual impact on adjoining residential properties. The child care complies with the required landscaped area and site coverage prescribed in the Box Hill DCP and is consistent with envisioned character of the area.

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PAGE 16 The facility has been designed with a height that is consistent with the adjoining residential properties. The building incorporates contemporary, high quality finishes which is consistent with the architectural design of the existing dwellings in the locality.

The built form respects the surrounding residential context with the building and boundary fencing acting as a noise buffer for adjoining properties, particularly to the outdoor play spaces located to the western side of the site. Landscape screening has been implemented to the rear and side boundary to enhance acoustic treatment to the child care facility located to the rear and residential dwellings located to the rear and to the west.

The outdoor and internal play areas have been designed to provide adaptive and safe learning spaces that offer children a variety of settings and opportunities for interaction.

The proposal results in a distinctive design that contributes positively to the visual amenity of the Box Hill area and meets the design quality principles in the Guideline.

b) Part 3 Matters for consideration

The Guideline includes matters for consideration which support the design principles including site selection and location, local character, streetscape and the public domain interface, building orientation, envelope and design, landscaping, visual and acoustic

privacy, noise and air pollution, hours of operation, traffic parking and pedestrian circulation.

The proposal has been assessed against these matters for consideration and found to achieve compliance with the relevant requirements.

c) Part 4 Applying the National Regulations to development proposals

The Guideline includes descriptions of specific regulations that apply to the internal and external physical environments, includes a best practice example and a National Quality Framework Assessment Checklist. The proposal has been assessed against Part 4 of the Guideline. The proposal includes an unencumbered indoor play area of 283m² and an unencumbered outdoor space of 576m² which meet the requirements of the National Regulations for 82 children. Subject to recommended conditions, the proposal achieves compliance with the relevant requirements.

The proposal meets the provisions under the Child Care Planning Guideline with regard to Parts 2, 3 and 4 of the Guideline and therefore complies with Clause 23 of the SEPP.

5. Compliance with The Hills Development Control Plan

The proposal has been assessed against the provisions of the following Development Control Plans:

 Box Hill Development Control Plan

 Part B Section 6 – Business

 Part C Section 1 – Parking

 Part C Section 3 – Landscaping

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PAGE 17 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

Part B Section 6 – Business

2.34(e)

Setbacks for child care centre car parking areas:

The at-grade carpark generally incorporates a 5m setback. However the carpark is partially setback 4.65m from the front boundary to the eastern side of the access

driveway

No – See comments below.

Part C Section 1 – Parking

2.1.1(i)

Stack parking will not be included in the assessment of the number of car parking spaces for retail, commercial, medium density residential and industrial development and the like.

Child Care Centre Control 1 space per employee plus 1 space per 6 children enrolled for visitor/parent parking for a child care centre;

Total Required:

82 children with 14 staff requires a total of 28 spaces.

Total Provided:

A total of 28 spaces are

provided however 7 of these are

provided in a stacked manner which are excluded from the total under the provisions of the DCP.

Part C Section 3 – Landscaping

3.1(b)

Landscaped area shall have a minimum width of two metres.

The landscaping screening strip provided to the western boundary is partially 1.2m at two locations (adjacent to the

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PAGE 18 DEVELOPMENT

CONTROL

DCP

REQUIREMENTS

PROPOSED DEVELOPMENT

COMPLIANCE

turning area for the car park and within the external play area). The landscape screening strip to adjacent to the car park on the eastern boundary is 1.8m wide.

a) Carpark Setback

Clause 2.34(f) of THDCP 2012, Part B, Section 6 – Business requires a minimum 5 metre front setback from the property boundary for all parking areas provided within a child care development. The at-grade carpark generally incorporates a 5m setback. However, the carpark is partially setback 4.65m from the front boundary to the eastern side of the access driveway (refer to attachment 8).

The applicant has provided the following justification for the variation:

The minor variation of 0.40m to the front setback of the carpark as raised in Council’s request for additional information is deemed reasonable for the following reasons. Firstly, sufficient landscaping is provided notwithstanding the minor variation and achieves compliance Control (f) of Clause 2.34 of Part B Section 6 of the DCP as the proposed landscaped strip is in excess of 2m.

Notwithstanding the minor variation the provision of landscaped area incorporating well selected tree and shrub species screens the proposed childcare centre from the streetscape to ensure that the development is responsive to neighbouring developments and the context of the site.

Furthermore, the 4.6m landscape strip provides sufficient space to enable the provision of high-quality landscape planting.

Given the above, despite the minor variation, the proposed development satisfies objectives 1, 3 and 4 of Clause 2.34 of Part B Section 6 of the DCP.

Comment:

The relevant objectives of Clause 2.34 are:

1. To ensure that adequate area is provided to permit high-quality landscape planting for the development.

2. To ensure that external play areas are located to provide a safe environment for children.

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PAGE 19 3. To ensure a high standard of environmental quality in child care centre developments

and to maintain the overall visual amenity and character of the neighbourhood.

4. To provide a satisfactory relationship between buildings, landscaped areas and adjoining developments.

5. To ensure that food is handled in a safe and healthy manner.

The parking area for the child care centre which fronts Old Pitt Town Road encroaches on the 5m minimum setback. Although there is a minor encroachment, the carpark extends for 31m of the Old Pitt Town Road frontage with only 3.175m (10%) of the carpark within the 5m setback. Furthermore, it is noted that all the car parking spaces provided within the carpark are located a minimum of 5m from the front boundary.

The proposed variation is considered acceptable in this instance given that no car parking spaces are located within the setback area with only the circulation area of the carpark encroaching to ensure adequate area is provided for vehicles entering the car parking spaces adjacent to the eastern boundary. Furthermore, it is considered that an adequate setback has been provided for the provision of landscaping along the Old Pitt Town Road frontage.

In addition, the proposal is considered to satisfy the objectives of clause 2.34 as the proposed variation does not:

 Result in deficient landscape area required on the site and facilitates high quality landscaping.

 Impact the safety of the external play areas.

 Detract from the environmental quality, visual amenity or character of the neighbourhood.

 Effect the relationship between buildings, landscaped areas and adjoining developments, and;

 Impact the safety or handling of food on the site.

As such, the proposed variation to the clause 2.34(f) is considered satisfactory for the subject proposal.

b) Parking

Clause 2.1.1(i) of the DCP requires:

 Stack parking will not be included in the assessment of the number of car parking spaces for retail, commercial, medium density residential and industrial development and the like.

The child care centre proposes a maximum of 82 children with 14 staff which results in 14 plus 14 car parking spaces being required. This results in a total of 28 car parking spaces being required.

A total of 21 car parking spaces are proposed within the carpark, non-inclusive of stacked spaces. The applicant has provided the following justification in addressing the variation:

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PAGE 20 The capacity of the childcare centre has been reduced from 90 places to 82 places thereby reducing the demand for spaces when compared to the original proposal.

Furthermore, the use of stacked car parking is deemed reasonable given that these spaces be will used for staff only and clearly identified for this use. As demonstrated in the response letter to traffic and parking issues prepared by Stantec, given the provision of stacked spaces is for staff only, the proposed car parking layout provides 28 spaces, which due to the reduction in children complies with Council’s DCP requirements as set out in Part C, Section 1, Table 1.

The reduced number of parking spaces was also determined using the following approach described in the original traffic report. The following assumptions were adopted to estimate the parking accumulation for the centre:

 The centre will operate from 7.00am to 6.30pm;

 95 percent of staff would drive to work;

 100 percent of all children would be driven to the Centre with 1.1 children per car;

and

 7 minutes average length of stay for parent’s vehicles (as per RTA Guide, 2002).

As noted in Appendix A of the original report (Proposed Child Care Centre Old Pitt Town Road Traffic & Parking Assessment, Stantec, 12 December 2019), an overall peak parking demand of 24 spaces has been estimated during the morning peak period reducing to 21 spaces in the afternoon period. A peak of 10 spaces would be required for parents during the morning peak for a period of up to 30mins; with a peak 14 spaces required for staff between 10.00 am and 4.15pm. During the afternoon, a peak demand of 17 spaces has been estimated.

Given that the peak parking demand for the childcare centre is 24 spaces and that the stacked spaces are to be used and clearly labelled as staff parking only, the amended car parking layout provide sufficient parking that is convenient for the use of, employees and visitors of the child care centre. Therefore, the proposed development complies with the objective (i) Clause 2.1 ‘General Parking Requirements’ of Part C Section 1.

Comment:

The relevant objectives of this clause of the DCP are as follows:

(i) To provide sufficient parking that is convenient for the use of residents, employees and visitors of the development

The proposed variation to car parking is considered satisfactory as an additional 7 spaces are provided in a stack arrangement to the rear of the staff spaces. The inclusion of the stack spaces in the calculations would result in total of 28 spaces. As such, the site can accommodate 28 car parking spaces despite the exclusion of the 7 stack spaces from the parking calculations. Furthermore, the 7 stack spaces (and 7 spaces located forward of the stack spaces) have been designated to staff of the development rather than visitors, who can coordinate space allocation based on working hours.

Given the proposal provides 28 car parking spaces in total, it is considered that the development meets the objectives of clause 2 as sufficient parking that is convenient has been provided for the use of employees and visitors to the child care development.

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PAGE 21 As such, the proposed variation to car parking for the development is considered satisfactory for the development.

c) Landscape Screening

The subject development proposal incorporates a landscape strip with a maximum width of 1.2m to the western boundary of the site along the external play area and the area adjacent to the turning head within the carpark. Landscaping to a maximum width of 1.8m has been provided to the eastern boundary of the site for the entire length of the carpark (refer to attachment 9). As such, a variation to clause 3.1 of The Hills Shire Council DCP Part C Section 3 – Landscaping is proposed. Clause 3.1 stipulates that all landscape areas to have a minimum width of 2.0 metres.

The applicant has provided the following justification in addressing the variation:

The provision of landscaping surrounding the carpark and between the car park and the building line is deemed appropriate for the following reasons. Firstly, the north western side boundary and the northern front boundary contain sufficient area to enable dense

landscaping planting to soften and screen the development to ensure that the development is sympatric with the surrounding area.

Secondly, both the side boundaries include the provision of appropriately dense trees and shrubs to provide a buffer to neighbouring properties and thereby protect residential amenity.

Finally, the proposed landscape strip between the carpark and the building line is

appropriately sited and designed to provide passive cooling and shading whilst improving the amenity of the subject site. Given the above, despite the variation to the 2m landscaped strip requirement the proposed carpark landscaping is deemed reasonable.

The proposed 1.2m landscape strip along the western boundary is deemed reasonable given the distance of this boundary from the primary building. Furthermore, the provision of 29 Syzygium ‘Aussie Boomer Lilly Pillys’ will sufficiently buffer the outdoor play areas and the development from the adjoining properties. Aussie Boomer Lilly Pillys are suitable due to their density relative to the size of their trunk. As they are a native ever green tree with lush foliage these trees enable effective softening and screening and effectively mitigate noise and visual impacts. Additionally, 2.1m high colour bond fencing is proposed around the boundary of the development to further mitigate noise impacts as recommended in the updated acoustic report.

Moreover, the above demonstrates that notwithstanding the non-compliance the proposed development satisfies objectives (i) – (iii) of Part C Section 1 Clause 2.34 and objectives (i)- (iv) of Part C Section 3 – Landscaping Clause 3.12 of the DCP.

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PAGE 22 Comment:

The Objectives of Clause 2.15 are as follows:

(i) To provide general design principles to ensure that appropriate landscaping is provided to complement the type of development proposed.

(ii) To ensure that appropriate detail and information is provided on landscape plans.

It is considered that the width of the landscaping strip to the western side boundary and eastern side is appropriate in providing landscaping required to meet the objectives of the control while also ensuring that adequate area is provided within the carpark for vehicular circulation and external play area for use.

In addition, the application was referred to Council’s Landscape Assessment Officer who confirmed that the landscaping provided within the areas of non-compliance were of a high quality species capable of providing appropriate screening. It was confirmed that the width of the landscaping provided along the boundary are also adequate in accommodating the root zones of species, allowing it to grow to a height adequate for dense screening.

The proposal meets the objectives of clause 3.1 as the development provides landscaping which complements the development. While the landscape strip provided does not meet the minimum width requirements, it is considered that the high quality landscaping provided to the boundary satisfies the objectives of clause 3.1.

6. Issues Raised in Submissions

The proposal was notified for 14 days on two occasions and two submissions were received on each occasion. The issues raised in the submissions are summarised below.

ISSUE/OBJECTION COMMENT

The development is contradictory to the objectives of the ridge character area outlined within the Box Hill DCP.

The ridge character area as outlined within the Box Hill DCP is characterised by one or two storey detached housing with large setbacks and provides a buffer between the high density land and rural land to the north of Pitt Town Road. The Box Development Control Plan outlines controls for other development in residential areas, in which the proposal has been assessed against and outlined in the assessment above.

The development complies with the provisions of the Box Hill DCP given the child care centre complies with the nominated controls specified for non-residential development in residential zones, including setbacks, site coverage and landscaped area. Furthermore, the built form of the

development is consistent with the envisioned ridge character given that building is two storeys with

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compliant setbacks. The building complies with the height control and does not obstruct views along the ridge.

The proposal seeks approval for a commercial use or use other than a dwelling house which does not fit with the character and scale of adjoining

properties.

The land is zoned R2 Low Density Residential under Appendix 11 of SEPP (Sydney Region Growth Centres) 2006. A ‘centre-based child care facility’ is permitted in the R2 Low Density zone. As outlined, provisions within the DCP are outlined for non-residential development which has been addressed. The child care centre is deemed to fit with the character as the built form of the

development is consistent with the envisioned ridge character given that building is two storeys and complies with landscape and setbacks controls.

The building complies with the height control and does not obstruct views along the ridge.

A 90 place Childcare centre is totally inappropriate for the character of the Ridge Character area, both in size and layout. This type of development does not belong in a residential area, it belongs in a Commercial / Business zoned area.

The proposal has been amended to accommodate 82 children rather than 90. Nonetheless, given that the development complies with the controls

outlined within the Box Hill DCP the size and layout are deemed satisfactory. While the development is reflective of a commercial use, a child care centre is a permissible form of development under SEPP (Sydney Region Growth Centres) 2006.

Concern in relation to the overall

compliance of the development with the Box Hill Growth Centre Development Control Plan.

The application was assessed against the relevant provisions of the Box Hill Development Control Plan and was deemed to comply. As outlined within the body of the report, the proposal is deemed to be satisfactory in satisfying the Box Hill

Development Control Plan.

compliance of the development with the Hills DCP Part B Section 6 – Business, particularly clause 2.34 – Centre Based Child Care Controls.

The application was assessed against the relevant provisions of the Hills DCP Part B Section 6 – Business and was deemed to comply with the exception of the front setback. With reference to the front setback and overall compliance with the DCP, the proposal is deemed to be satisfactory in satisfying the Hills DCP Part B Section 6 –

Business as per the reasons outlined within the body of the report.

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compliance of the development with the Childcare Planning Guideline.

The application was assessed against the relevant provisions of the Childcare Planning Guideline and was deemed to comply. As outlined within the body of the report, the proposal is deemed to be

satisfactory in satisfying the Childcare Planning Guideline.

Clustering of Childcare and mixed use developments along Old Pitt Town Road.

The land is zoned R2 Low Density Residential under Appendix 11 of SEPP (Sydney Region Growth Centres) 2006. A ‘centre-based child care facility’ is permitted in the R2 Low Density zone.

There are no provisions within the legislation that restrict the location and proximity of childcare centres from one another. In addition, the subject proposal is not a mixed-use development.

Noise impacts from the construction of the development and the ongoing operation of the child care centre, use of the carpark and walkways.

A condition is recommended requiring construction work to be limited to 7am – 5pm Monday to

Saturday and no work permitted on Sundays or public holidays (Refer to Condition No. 48). It is noted that construction work, including building and demolitions, may be undertaken on Saturdays, Sundays, and public holidays under the COVID-19 Legislation Amendment (emergency Measures – Miscellaneous) Act 2020, while the legislation remains in place.

An Acoustic report was submitted with the

development application to determine the impact of noise on the adjoining residential properties. The proposal was designed to ensure that the building was located to internalise noise impacts on the site and away from the eastern and rear boundaries where there are existing residential developments.

In addition, acoustic fencing has been implemented in accordance with the findings of the acoustic report. As a result, the development is considered to be satisfactory subject to conditions ensuring the recommendations of the acoustic report are

implemented.

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PAGE 25

The increased traffic to and from Old Pitt Town Rd generated by this development.

Further concerns relate to the conflict with the reasoning behind the ‘Ridge Character area’’, which was to minimise driveway and vehicle access onto Old Pitt Town Rd.

Further to this, the location of the proposed Child Care centre from Terry Road to the west and sharp bend to the west in relation to safely entering and exiting the site.

The application and accompanying traffic report and documentation have been reviewed by Councils Traffic Officer who deemed the proposal satisfactory.

The site is located on Old Pitt Town Road which is identified as a collector road. Traffic generation for the site been assessed against the Roads and Traffic Authority for Traffic generating

developments and indicates the additional trips generated are acceptable for the development and will not create a detrimental impact on the

surrounding road network.

Sight distance when entering or exiting the property is within acceptable limits of the approach sight distance standards required under the Austroads Standards for vehicles traveling at 70 km/h is 97m and is considered acceptable in safely entering and exiting the site with reference to Terry Road to the west and the bend to the east of Old Pitt Town Road.

The proposal would result in a reduction in property values.

This is not a matter for consideration under the Environmental Planning and Assessment Act 1979.

Additional health impacts including poorer air quality from traffic and dust during construction.

The child care centre and carpark on the site have been set back appropriately from Old Pitt Town Road with the landscape strip providing an

adequate buffer. In addition, the child care planning guidelines only require an air quality report if the child care is located adjacent or in proximity to a classified road. In this respect, an air quality report is not required with the impact of air quality from traffic deemed to be negligible.

A condition of consent has been implemented relating to dust control during the construction stage (condition no. 54).

Security concerns relating to possible break ins and use of carpark areas out of hours by others.

The development has been designed to ensure passive surveillance from Old Pitt Town Road.

Internal security for the development is a matter for the applicant to address and is not a matter for

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consideration under the Environmental Planning and Assessment Act 1979.

The design has a pedestrian entry and walkway right located along the eastern boundary and adjoining driveway, which presents a safety issue.

The application was formally amended with the pedestrian entry and walkway deleted and replaced with landscaping.

The development is not in keeping with The Child Care Planning Guidelines as it states that a child care facility should be located: near compatible social uses such as schools and other educational

establishments, parks and other open spaces, community facilities and places of worship.

The childcare centre is located along Old Pitt Town Road, a collector road which provides primary access to major residential subdivisions for Box Hill and the Gables. The centre is located adjacent to a temporary sales office, and along the ridge line which provides for larger lots with greater opportunities for open space and setbacks to adjoining properties. Given that the proposed use is permissible in the residential zone, it is deemed that a child care centre along a collector road with opportunities for larger setbacks to residential properties presents a suitable location for the development to reduce visual, amenity and acoustic impacts.

The landscape plan submitted with the application does not comply with the recommendations of the acoustic report specifically relating to equipment higher than 0.5m fence height and awning material.

The landscape plan and acoustic report have been updated to ensure that the development is

consistent. While the fencing height on the landscape plan differs from the acoustic report, conditions of consent have been imposed to ensure the fence height is 2m (condition no. 14). In

addition, the comment regarding equipment relates to play equipment rather than the deck attached to the building. Nonetheless, compliance with the acoustic report has been implemented as a condition of consent and the applicant will be required to demonstrate compliance through the certification process and ongoing plan of

management.

The building does not form any barrier to the West direction and there is very little landscaping. The noise will carry easily as the paling fence is the only barrier in

An acoustic report has been submitted with the application and assessed by Councils

Environmental Health Officer who has deemed the

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some sections. All outdoor play areas distribute noise towards our property.

noise level acceptable.

The outdoor play area incorporates fixed, large musical instruments which have not been addressed in the Noise Impact Assessment

The latest amended plans submitted for the proposal do not show any large musical instruments within the external play areas.

The west window of the toddlers’ indoor play area is an opening window which also pushes noise in a westerly direction.

Environmental Health Officer who has deemed the noise level acceptable.

There is insufficient boundary planting – and where it does exist along the

boundaries it appears that the maximum height the plants will grow is 2 -2.5m which is not high enough to provide a sufficient visual and noise barrier.

The application was referred to Councils

Landscape Assessment Officer who confirmed that the landscaping provided within these areas are capable of providing appropriate screening. It was confirmed that the width of the landscaping

provided along the boundary are also adequate in accommodating the root zones of species, allowing it to grow to a height adequate for dense screening.

Councils Landscape Officer has confirmed that the plant species provided to the boundary can reach a mature height of 2.5m-3m.

The Noise Impact Assessment submitted with the application is inaccurate,

particularly due to the location of the loggers, the fencing height, acoustic reading during subdivision works and addressing the noise form the play areas and carpark.

Environmental Health Officer who has deemed the Acoustic Report acceptable in providing a noise impact assessment on the development.

Conditions of consent have been implemented to ensure compliance with the acoustic report.

The Traffic Report submitted with the application and as amended is unsatisfactory as it does not take into consideration future traffic impacts, does not address left in/left out access. It was also raised that the delivery/garbage vehicles reversing will be dangerous and provide intrusive noise.

The application was referred to Councils Traffic Officer with the latest Traffic Report submitted with the application. Following on from an assessment of the traffic report and the application by Councils Traffic Officer, it was deemed that the report and proposal is satisfactory in demonstrating negligible traffic impacts.

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Privacy and overlooking concerns from the development on adjoining properties.

Privacy impacts, particularly from the first floor of the child care centre are considered to be

satisfactory given that all windows within 5m from a side or rear boundary contain obscure glazing or incorporate a minimum sill height of 1.5m.

Impact of noise generated from the outdoor play areas.

Environmental Health Officer who has deemed the noise level from the development acceptable.

Impact of noise from use of the walkway located along the eastern boundary.

The walkway located along the eastern boundary of the development is primarily for access for

maintenance, similar to that of a dwelling house rather than for access to the child care centre. The primary access to the child care centre is to the front of the site with access to the external play areas through the building. As such, noise

generation from the pathway is to be minimal given the path is not a primary access way.

In addition, a condition of consent has been implemented to ensure the access pathway adjacent to the eastern boundary is not to be used by patrons of the Childcare Centre to access the play area (condition no. 1).

Noise generation from cars entering and exiting the site from the access driveway.

Environmental Health Officer who has deemed the noise level from the development acceptable.

Safety implications from the driveway given its proximity to the driveway on the adjoining property.

The application was referred to Councils

Engineering Officer who raised no objection to the location of the driveway and confirmed the distance from the driveway on the adjoining property is acceptable.

The development is contradictory to the objectives of the ridge character area outlined within the Box Hill DCP.

The ridge character area as outlined within the Box Hill DCP is characterised by one or two storey detached housing with large setbacks and provides a buffer between the high density land and rural

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PAGE 29

land to the north of Pitt Town Road. Moreover, the Box Development Control Plan outlines controls for other development in residential areas, in which the proposal has been assessed against and outlined in the assessment above.

The development complies with the provisions of the Box Hill DCP given the child care centre complies with the nominated controls specified for non-residential development in residential zones, including setbacks, site coverage and landscaped area. Furthermore, the built form of the

development is consistent with the envisioned ridge character given that building is two storeys with compliant setbacks. The building complies with the height control and does not obstruct views along the ridge.

7. Internal Referrals ENVIRONMENTAL HEALTH

An acoustic report has been submitted with the application and assessed by Councils Environmental Health Officer who has deemed the noise level acceptable. Nonetheless, conditions of consent have been imposed to ensure ongoing operation noise level limits for the site are defined and met by the applicant. Further conditions of consent have also been imposed to ensure that there is no amplified music or speakers and to ensure that all mechanical plant does not create offensive noise in accordance with the operational noise limits. Conditions of consent have been imposed to limit the use of the outdoor play area.

In addition, a condition of consent has been implement which requires the applicant to submit within three months from the issue of an Occupation Certificate, an acoustical compliance assessment which is to be carried out by an appropriately qualified person, in accordance with the NSW EPA's - Industrial Noise Policy and submitted to Council. Further, a Noise Management Plan is to be established and approved by Council prior to the issue of an Occupation Certificate.

TRAFFIC

i) Existing Traffic Environment

 This application proposes to develop Long day Child Care Centre.

 A traffic impact statement has been prepared by Stantec Consultants for Quinn Homes Pty Ltd.

 Vehicular access to and from the proposed development will be off Old Pitt Town Road. Old Pitt Town Road is a collector road under the control of The Hills Shire

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PAGE 30 Council with a 7m wide carriageway near the site. It has a two-lane undivided carriageway and a posted speed limit of 70 km/h. Pedestrian footpaths are provided on Old Pitt Town Road west of the intersection with Terry Road and Fontana Drive.

Terry Road functions as a sub-arterial road with a posted speed limit of 80 km/h.

It has a two-lane (marked) undivided carriageway with Kerb & Gutter and widens to four lanes near the intersection. The intersection is priority-controlled with an additional right turn lane provided on Terry Road and both approaches of Old Pitt Town Road.

Fontana Drive has a four lane divided carriageway with two lanes in each direction of travel. The total road width including the 4m wide median strip is 18m; this road is Kerb & Gutter and parking is permitted on both sides.

Footpaths are provided on both sides of Fontana Drive with a gap in the median at its southern end to allow pedestrians to cross the road.

 Traffic volumes at the intersection of Old Pitt Town Road with Terry Road and Fontana Drive were counted on Thursday 14 November 2019.

 Old Pitt Town Western approach has 474 and 511 vehicles during AM and PM peak respectively.

 Old Pitt Street Eastern approach has 346 and 390 vehicles in AM and PM peak respectively.

 Terry road carries 410 and 331 vehicles in AM and PM peak respectively and

 Fontana drive has 259 and 215 vehicles in AM and PM peak respectively.

 The surrounding land uses are predominantly rural and residential, with large open spaces and the potential for development in the future.

ii) Proposed Development - Traffic Generation

The Roads and Traffic Authority Guide to Traffic Generating Developments 2002 indicates that long day - Child Care Centres typically generate 0.8 vehicles trip per child during AM peak and 0.7 vehicle trips per child during PM peak. The proposed development will cater for up to 90 children and on this basis the proposed development of child care centre will generate 72 numbers of vehicles in AM peak hour and 63 numbers of vehicles in PM peak hour.

iii) Need for Traffic Improvements in the Locality Traffic improvements are not required.

The consultant has analysed Old Pitt Town Road, Fontana Drive intersection for existing scenario and for operational year (2021). The intersection analysed operates satisfactorily.

iv) Traffic egress/ingress to arterial/sub-arterial roads

Traffic egress/ ingress is from Old Pitt Town Road, a collector road having a speed limit of 70 km/hr and intersects Terry road (sub-arterial road) and Fontana

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PAGE 31 drive. At present the intersection operates under Give Way sign control however in the longer term the road will be re-aligned and operate under signal control.

v) Sight distance and other safety issues

 Sight distance when entering or exiting the property is within acceptable limits of the approach sight distance standards required under the Austroads Standards for vehicles traveling at 70 km/h is 97m.

 Pedestrian sight distance when entering or exiting the property is within acceptable limits of the requirements of AS2890.1-2002. Within the vicinity of the site, informal pedestrian paths are provided along the both sides of Old Pitt Town Road in the form of wide berm grass on both sides of the road. The informal pedestrian paths continue north-west towards the two nearby bus stops and formalised footpaths commencing at the intersection of Old Pitt Town Road, Fontana Drive and Terry Road.

vi) Parking

Assessment of access and circulation is a matter for the Subdivisions Team to comment on.

vii) Access and Circulation

Assessment of access and circulation is a matter for the Subdivisions Team to comment on.

Recommendation

There are no objections to the proposal in terms of traffic impact

The application was also referred to following sections of Council who raised no objection to the proposal subject to conditions:

 Engineering

 Resource Recovery

 Landscaping

 Contributions

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

CONCLUSION

The Development Application has been assessed against the relevant heads of

consideration under Section 4.15 of the Environmental Planning and Assessment Act, 1979, State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, State Environmental Planning Policy No. 55, State Environmental Planning Policy (Sydney Region Growth Centres) 2006 and Box Hill Development Control Plan 2018 and is considered satisfactory.

The variations to the DCP relating to the front carpark setback, landscape screening width and the provision of parking on the site are considered satisfactory in this instance as discussed within the report.