The minutes of the Development Review Unit Council meeting on March 10, 2020 are approved. The remainder of the development, including the five residential buildings, remains as approved. The wording of the condition should be amended to provide a simplified process for carrying out the final inspection of the waste storage area.
The height, scope and scale of the development also remain in line with that which has been approved. a) – the amendment is considered to have minimal environmental impact;. The proposal was assessed against the provisions of The Hills Development Control Plan (THDCP), in particular:-. The existing approved amended development (136/2015/JP/A) met the relevant requirements of the Development Control Plan.
The present change request continues to comply with the relevant provisions of the Development Control Plan. The changes are minimal and the proposal remains in line with the provisions of the SEPP and Apartment Design Guide. This Section 4.55(1A) change request is intended to introduce development phasing that will result in minor configuration changes of the basement only.
The Development Application has been assessed against the relevant heads of consideration under Section 4.55 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.
RECOMMENDATION
Development in Accordance with Submitted Plans (as amended)
PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE
Creation of Restrictions/ Positive Covenants
Final Inspection of Waste Storage Area(s)
ATTACHMENT 1 – LOCALITY PLAN
ATTACHMENT 2 – SITE PLAN
ATTACHMENT 3 – STAGING PLANS
EXECUTIVE SUMMARY
ISSUES FOR CONSIDERATION
Both lots comply with the requirements of Clause 4.1 of the LEP
Compliance with The Biodiversity Conservation Act 2016
3. Compliance with The Hills Development Control Plan 2012
Issues Raised in Submissions
We find that the application is deficient as an arborist assessment report was not submitted with the development application. The construction site identified for the proposed Lot 201 adversely affects several trees as shown on the subdivision and survey plan and no assessment has been conducted to determine the impact of the proposed construction site on these significant trees. These important trees are an important part of the streetscape and should be protected from future development.
The application does not propose to remove existing trees on the site and therefore all trees must be preserved. The application has been reviewed by the Council's Environmental Health Team who are satisfied with the application subject to the imposition of a tree condition requiring the retention of existing trees on the site (see recommended condition 6). I oppose the development application (DA) due to the number of mature native trees that will be removed to accommodate the proposed dwelling at 43 Fairway Drive.
If the DA is approved it will most likely result in the removal of at least 8 of the 12 mature trees on lot 182. I live in an apartment on the south side of Fairway Drive directly opposite lot 182 and the removal of the trees will have a significant impact on our outlook. The amended development plan will require permission for almost every one of the nine mature Cumberland Plain Forest trees on the site to be felled.
Why, especially at this time of fire destroying millions of hectares of urban and rural Australian trees, should Castle Hill Council sanction the removal of a beautiful stand of mature and significant trees on Fairway Drive?. I therefore submit that the proposed development application be reconsidered to ameliorate the loss of the Cumberland Plain Woodland trees which form a magnificent feature of the district. The trees are part of the environment around the stream and the trees are part of the streetscape.
We would have expected some reference to this situation in the application with commentary of the impact by a qualified Arborist. In summary, if the application is accepted, the revised subdivision boundary will result in significant trees being removed when alternative action is available. In these circumstances, the applicant should be requested to amend the application with the aim of protecting these trees.
5. Internal Referrals
External Referrals
RECOMMENDATION
Subdivision Certificate Preliminary Review
Process for Council Endorsement of Legal Documentation
Road Opening Permit
- Erection of Signage – Supervision of Subdivision Work
- Contractors Details
- Service Authority Consultation – Subdivision Works
- Subdivision Earthworks – Lot Topsoil
- Working Hours
- Completion of Subdivision Works/ Satisfactory Final Inspection
- Western Sydney Growth Areas – Payment of Special Infrastructure Contribution A special infrastructure contribution is to be made in accordance with the Environmental
- Section 73 Compliance Certificate
This includes the underground operation of existing overhead services, except where specific written dispensation has been granted by the Council. The provision of telecommunications services to the non-residual lots created by the subdivision, which typically requires the installation of pits and pipes that comply with standard specifications for NBN Co power at the time of installation. The Telecommunications Act 1978 (Cth) specifies where the roll-out of optical fiber and the installation of fibre-ready facilities is required.
If earthworks are not shown on the engineering drawings, the top layer of soil within the lots must not be damaged. Where earthworks are shown, a 150mm deep layer of topsoil shall be provided, suitably compacted and stabilized in accordance with the Subdivisions/Developments Council Works Specification. All work must be limited to 7:00 a.m. to 5:00 p.m., Monday through Saturday.
A subdivision certificate cannot be issued until all subdivision works covered by this permission have been completed. Growth Areas in Western Sydney - Payment of Special Infrastructure Fee A Special Infrastructure Fee must be paid in accordance with the Environmental Regulations 2011 in effect when this Permit comes into effect. Please contact the Department of Spatial Planning and the Environment to arrange payment.
A Section 73 Compliance Certificate issued under the Sydney Water Act 1994 must be obtained from Sydney Water confirming that satisfactory arrangements have been made for the provision of water and sewerage services.
Water Servicing Coordinator. The certificate must refer to this development consent and all
Provision of Electrical Services
Provision of Telecommunication Services
Subdivision Certificate Application
Site/ Lot Classification Report – Vacant Residential Lots
Final Plan and Section 88B Instrument
ATTACHMENT 1 – LOCALITY PLAN
ATTACHMENT 2 – AERIAL PHOTOGRAPH
ATTACHMENT 3 – LEP ZONING MAP
ATTACHMENT 4 – LEP MINIMUM LOT SIZE MAP
ATTACHMENT 5 – PROPOSED PLAN OF SUBDIVISION
ATTACHMENT 6 – SITE SURVEY
ATTACHMENT 7 – OVERLAY OF CONCEPT BUILDING ENVELOPES ON SITE SURVEY
ATTACHMENT 10 – NATURAL RESOURCES ACCESS REGULATOR COMMENTS
ATTACHMENT 11 – BIODIVERSITY VALUES MAP
