MINUTES OF THE MEETING OF THE DEVELOPMENT ASSESSMENT UNIT HELD AT HILLS SHIRE COUNCIL ON TUESDAY 7 JULY 2020. The minutes of the Council meeting of the Development Assessment Unit held on 30 June 2020 are confirmed. The development application is for the demolition of existing housing and the construction of a 2-3 storey boarding house containing 23 rooms with associated basement parking in accordance with the provisions of the state's environmental planning policy (affordable rental housing) 2009.
In a 2016 court ruling approving an 18-room boarding house on the site in question, the commissioner noted that “another feature of the local area that contributes to its character is the canopy of tall trees, [mainly] eucalypts and their relatives. .” The proposed building footprint is broadly in line with the plans approved by the Court, except that the front setback is now reduced by one meter, which will affect the preservation of the two significant trees highlighted in paragraph 82 of the Court's judgment (see Appendix 8).
State Environmental Planning Policy No 55—Remediation of Land
A consenting authority must not consent to development to which this Division applies unless it has considered whether the design of the development is compatible with the character of the local area.”. Clause 30A requires consideration of whether the design of the development is compatible with the character of the local area. The applicant has carried out a detailed assessment of the compatibility of the development within the area, and has provided a local area character analysis by considering the proposal against the existing and future character of the location.
The proposal is therefore not considered satisfactory with special reference to the Land and Environment Court's judgment with regard to meeting the "character test" in § 30A of the SEPP.
Compliance with Local Environmental Plan 2019
The application complies with the above Multi Dwelling DCP standards with the exception of front setback, side setback, rear setback and parking which are discussed in section 4 below. The present development application is being made under the provisions of SEPP (ARH) 2009, which also allows a boarding house within the R3 zone, provided the land is within an accessible area (discussed in paragraph 1 above). Promote medium-density residential development in locations close to population centers and public transport routes.
Hills LEP 2019 does not prescribe a maximum floor space ratio (FSR) for the subject site.
Compliance with The Hills Development Control Plan
A ground floor section of the development of 5 meters requires a minimum of 1.5 meters setback, while the rest of the ground floor section must be a minimum of 4.5 metres. It is noted that the proposed setbacks are generally in line with the plans approved by the Court, with the exception of the front setback which has been reduced by a metre, which will affect the conservation of two important trees mentioned in paragraph 82 of the judgment of the Court (see Annex 8). The application does not meet the front and side setback requirements under Table 1 of The Hills DCP Part B Section 4 – Multi Dwelling Housing.
The proposal will also affect the conservation of two important trees (which contribute to the streetscape character of the area) as a result of the front setback reduction approved in 2016 by the Land and Environmental Court.
Issues Raised in Submission
Internal Referrals
Any claims regarding possible previous damage to trees on the site or in the neighboring properties must be discussed in a new Arboculture Impact Assessment as requested with necessary documentation. Any requirements from the Tree Protection Zones (TPZs) of neighboring trees that are not affected due to the topography of the site shall be discussed in a new Tree Protection Assessment as requested with necessary documentation. The lack of landscaping in this area is a non-compliance with the Council's Parking DCP which requires driveways to be provided with screen planting on both sides.
In summary, the applicant has failed to respond to previous requests to provide an Arborcultural Impact Assessment that meets industry standards showing appropriate tree management provisions for trees to be retained on site and in adjacent properties under the Standard.
External Referrals
The applicant's proposal to use a private waste contractor is inconsistent with their objective of providing an affordable form of residential accommodation as the site will be double charged for the waste service fee under the Local Government Act and the private contractor fee . In addition, the site is located in an R3 residential zone where the Council's refuse collection vehicles will already be in operation. Furthermore, if the site is designed for a private small rigid vehicle and for whatever reason the private waste contract is discontinued or the site cannot be serviced, waste will still need to be collected.
Therefore, the site must be designed for the Council's waste management services for the Council to act as a service provider of last resort.
LOCALITY PLAN
SITE PLAN
SITE PLAN
FLOOR PLANS (4 PAGES)
ELEVATIONS (5 PAGES)
PERSPECTIVES
SHOWGROUND PRECINCT STRUCTURE PLAN
PREVIOUS LAND & ENVIRONMENT COURT APPROVAL (26 PAGES)
COURT APPROVED AND PROPOSED SITE PLANS & ELEVATIONS (3 PAGES)
Compliance with SEPP Sydney Region Growth Centres (2006) and Draft SEPP (Sydney Region Growth Centres)
- A Minimum lot sizes for residential development in certain residential zones (5) The minimum lot size for a semi-detached dwelling is
The site in question is zoned R2 Low Density Residential under the provisions of SEPP (Sydney Region Growth Centres) 2006. The application seeks approval for Torrens Title subdivision of two semi-detached properties in accordance with the provisions of this clause. The two houses are connected and will be on private land.
Subject to clause 4.1A, the minimum lot size for a semi-detached house in the area mapped as 'O1' and marked '15' (dwelling density per hectare) on the Box Hill housing density map is 200m2. Accordingly, the proposal is considered satisfactory in terms of SEPP (Sydney Region Growth Centres) 2006. ii) Compliance with SEPP Sydney Region Growth Centers (2006) - Area Objectives. It is considered that the proposal is consistent with the stated objectives of the zone, as the proposal will provide additional housing options in a low-density residential environment. iii) Compliance with the draft implementation plan for the infrastructure of the northwest space use.
As well as a new structure plan for growth centers and an infrastructure plan, the package proposes a draft amendment to the State's Environmental Planning Policy (Sydney Region Growth Centres) 2006 and associated draft amendments to the DCP. The area in question will be affected by the replacement of the minimum density provision with a density band. The minimum density that applies to the plot/building is 15 dwellings per hectare and a maximum of 20 dwellings per acres.
The R2 low density residential area comprises a total area of 0.3197 ha, which allows a minimum of 4.79 dwellings and a maximum of 6.3 dwellings. The subject proposal includes the subdivision of Lot 2510 resulting in five dwellings proposed under the provisions of the SEPP project.
Compliance with the Box Hill Development Control Plan 2018
Rather than any relationship related to bulk and scale (ie the same development can be achieved as a dual occupancy with Strata Title subdivision and an even greater upper level site coverage can be achieved). A base, middle and top appearance to visually reduce the mass and scale of the dwelling; and. Quality landscaping within the available space, through a comprehensive landscape planting schedule, prepared by an appropriately qualified landscape architect.
As such, strict compliance with controls would be unnecessary [(i.e. achieved anyway by meeting the objectives) and unreasonable (would serve no purpose]. To ensure building heights, we achieve built form outcomes that reinforce quality urban and building design .The alteration to the upper floor coverage of Dwelling A does not result in an unreasonable amount and scale or impact on the surrounding streetscape.
The dwelling is in keeping with the scale of surrounding dwellings and the upper floor area does not result in a loss of amenity to neighboring properties. The built form is of a scale that is compatible with the area's existing and future residential character.
Issues Raised in Submissions
Dwelling A is designed to comply with secondary street setbacks and provide sufficient private open space. The original plans submitted for the development application included windows 27, 28 and 29 on the south elevation. The amended plans include a redesign and reorientation of the building with only one window (window 30) proposed for the top floor master bedroom in the south elevation of dwelling B.
To mitigate the impacts of the overlook on the adjacent southern property, a condition was recommended in the consent requiring window 30 to have a sill height of 1.5m measured from the finished floor level (see condition 1 and attachment 5). The DCP requires the subject site and neighboring properties to achieve a minimum of 3 hours of sunlight up to 50%. The shadow diagrams (see attachment 7) show that the property to the south will experience some shadow impact but will continue to receive solar access in accordance with DCP requirements.
Sub-division of semi-detached dwellings is permitted under Clause 2.6 of the SEPP (SRGC 2006) for plots conforming to the minimum lot size within the R2 Low Density Residential Zone. Semi-detached houses are considered a low-density development and comply with the required minimum area size as a result of subdivision with both dwellings having a plot size of over 200m2.
Internal Referrals
The proposed development is consistent with the planning principles, vision and objectives outlined in "Hills 2026 - Looking to the Future", as the proposed development provides for satisfactory urban growth without adverse environmental or social impacts and provides a sustainable form built with respect. to streetscape and general locality. The subject proposal for two semi-detached dwellings and the Torrens Title subdivision has been reviewed against the planned outcomes within the Local Planning Strategic Planning Statement and Implementation Plan and has been deemed satisfactory.
Development in Accordance with Submitted Plans (as amended)
No work (including excavation, embankment or land conversion) may be carried out before planning permission is issued if planning permission is required.
House Numbering
Subdivision Works Approval
Subdivision Certificate Preliminary Review
Process for Council Endorsement of Legal Documentation
Road Opening Permit
Approved Subdivision Plan
Zero Lot Line Dwellings – Easement Encroachment
Protection of Public Infrastructure
Vehicular Crossing Request
External Finishes
Construction Certificate
Building Work to be in Accordance with BCA
Adherence to Waste Management Plan
Management of Construction and/or Demolition Waste
Commencement of Domestic Waste Service
Vehicular Crossing Request
Before paying the above contribution, the applicant is advised to contact the Council's Development Grants Officer on 9843 0268. Council's Contribution Schedules can be viewed at www.thehills.nsw.gov.au or a copy can be inspected or purchased at the Council's Administration Centre.
Security Bond Requirements
Security Bond – Road Pavement and Public Asset Protection
Western Sydney Growth Areas - Payment of special infrastructure contribution A special infrastructure contribution must be made in accordance with the environmental regulations.
Western Sydney Growth Areas – Payment of Special Infrastructure Contribution A special infrastructure contribution is to be made in accordance with the Environmental
Property Condition Report – Public Assets
Sydney Water Building Plan Approval
Management of Building Sites
Consultation with Service Authorities
Approved Temporary Closet
Erosion and Sedimentation Controls
Stabilised Access Point
Details and Signage - Principal Contractor and Principal Certifier Details
Confirmation of Compliance with Zero Lot Line
Location of Dwelling
Standard of Works
Hours of Work
Roof Water Drainage
Survey Report and Site Sketch
Compliance with BASIX Certificate
Critical Stage Inspections and Inspections Nominated by the Principal Certifier Section 6.6 of the Environmental Planning and Assessment Act 1979 requires critical stage
Landscaping Works
Dust Control
Drainage from each lot is required to be fully included within its utility portion. Gutter drains shall be separated along the property line and drainage from dwelling B shall be directed to Corona Street and dwelling A shall be directed to Ceres Street. Prior to the issuance of a Certificate of Subdivision a Works-As-Executed must be provided confirming the location of the drain and that the entire drain is contained entirely within the serving lot.
Section 73 Compliance Certificate
Provision of Electrical Services
Provision of Telecommunication Services
Subdivision Certificate Application
Building Adjacent to Proposed Boundary
Building Services
Completion of Subdivision Works/ Satisfactory Final Inspection
Subdivision Works – Submission Requirements
Property Condition Report – Public Assets
Retaining Walls
Final Plan and Section 88B Instrument
Maintenance of Landscaping Works
Waste and Recycling Management
AERIAL PHOTOGRAPH
SUBDIVISION PLAN
SITE PLAN
ELEVATIONS AND SECTION PLAN
LANDSCAPE PLAN
SHADOW DIAGRAM
