HOW COMMUNITY VIEWS HAVE BEEN PRESENTED FOR THE DECISION The development application was notified and nine (9) submissions were received. HOW COMMUNITY VIEWS WERE PRESENTED FOR THE DECISION The development application was notified and one (1) submission received. HOW COMMUNITY VIEWS ARE PRESENTED FOR DECISION MAKING The development application was notified and three (3) submissions were received.
4. Compliance with LEP 2012
To allow for residential development that contributes to the economic and social vitality of the neighborhood and does not detract from the zone's primary objectives. The proposed associated housing does not detract from the primary purpose of the zone and is integrated with shops and commercial premises. The proposed scale and type of development is compatible with the character and facilities of a neighborhood centre.
3) Development consent must not be granted for development that contravenes a
Comment
Compliance with DCP
The proposed townhouses have been assessed on their merits against the relevant parts of the Townhouse Controls in DCP Part D Section 5 – Kellyville / Rouse Hill Release Area, as relevant to a community center context (see Section 6 of this report). Since the proposal does not depend on clause 4.1B of the LEP, this DCP is not strictly applicable. The proposed development meets the relevant requirements of the development checks above, except for the following:.
DEVELOPMENT
DEVELOPMENT
The proposed setbacks to the business/retail component of the development are considered
A variation to this control is considered satisfactory in this instance
The proposal provides 3 stack parking spaces in the basement. The applicant has provided
The topography of the site has a massive crossfall of between 6m at boundary of 71 and
The inclusion of the 10m landscape buffer within the DCP was undertaken at the request of Transport for NSW. Transport for NSW raised no objection to the proposal on the basis of the reduced setback. The setbacks will not lead to privacy impacts due to the location of the site and shadow impact is reasonable.
As such the proposed setback is considered satisfactory and can be supported
Attached Dwellings – Merit Assessment
Orderly Development
Consideration has been given to the orderly development of the adjoining property to the north-west (77 Windsor Road, Norwest). Furthermore, it is noted that the contiguous area, excluding the areas required for the proposed roads and land acquisition, exceeds the minimum lot size for multi-dwelling required under Clause 4.1A of the LEP 2019. It is considered that the orderly development of 77 Windsor Street can be accessed independently of the 73-75 Windsor Street development.
Submissions
The applicant has prepared a concept plan demonstrating that housing on a small lot can potentially be achieved on site (see Annex 16). Temporary access will remain until special access to the subject site is provided.
Internal Referrals
10. External Referrals
Development in Accordance with Submitted Plans
The eastern (side) elevation of the southern retail/commercial building shall be finished with an architectural treatment consistent with the northern retail/commercial building. Should construction have commenced on the adjacent housing development at 71 Windsor Road before, the eastern (side) elevation may be constructed of plain material.
PROJECT
External Finishes
Tree Removal
Compliance with NSW Police Requirements
Planting Requirements
The development is required to be provided with ten (10) off-street visitor car parking spaces
Separate application for signs
Subdivision Requirements
Protection of Public Infrastructure
Certificate or Subdivision Certificate is issued. Any damage must be made good in
Vehicular Access and Parking
Minor Engineering Works
- Excavation/ Anchoring Near Boundaries
- Compliance with Transport for NSW Requirements
- Subdivision Certificate Preliminary Review
- Proposed Street Naming
- Process for Council Endorsement of Legal Documentation
- Road Opening Permit
- Construction Certificate
- Building Work to be in Accordance with BCA
- Air Conditioner Location
- Acoustic Requirements
- Imported ‘Waste Derived’ Fill Material
- Provision of Kitchen Waste Storage Cupboard
- Tree Removal on Public Land
- Adherence to Waste Management Plan
- Access and Loading for Commercial Waste Collection
Sufficient time must be allowed for the preparation of a report and the execution of the documents by the Board. If the subdivision/development necessitates the installation or upgrading of utilities or any other works on Council land outside 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 must be inspected by the Council's Maintenance Services team. Plans submitted with the Construction Certificate must be amended to include the conditions of the Development Consent.
All building work must be carried out in accordance with the provisions of the Building Code of Australia. The installation of an air conditioning unit must comply with the following standards:. a) not placed on the wall or roof of a building facing the main road, or in front of the building line to the main road, and. The recommendations of the acoustic assessment and report prepared by Acouras Consultancy, referenced as SYD2017-1105-R002F, dated 4/16/19 and submitted as part of the development application, are to be implemented as part of this approval.
Full details of the contractor who will undertake tree works (Minimum AQF level 3 Tree Plant);. All requirements of the Waste Management Plan submitted as part of the Development Application must be implemented except where inconsistent with other consent conditions. Any material removed from the site must be transported in accordance with the requirements of the Environmental Protection Act 1997 and only to a location that can legally be used as a waste facility.
Certificates of all waste/recycling submissions must be kept on site at all times and produced in legible form to any authorized Council officer who requests them.
Minimum vehicle access and loading facilities must be designed and provided on site in
Commercial Waste and Recycling Collection Contract
Management of Construction and Demolition Waste
Disposal of Surplus Excavated Material
- Commencement of Domestic Waste Service
- Provision of Domestic Waste Storage Areas
- Construction of Waste Storage Area - Commercial
- Property Numbering and Cluster Mail Boxes
- Separate Application for Use
The waste storage area must have appropriate waste and recycling signs (EPA approved designs available on the NSW EPA website), mounted in a visible location on internal walls and must be permanently maintained by the Owners Corporation. The finish and colors of the waste storage area must complement the design of the development. Approved numbers, unless otherwise approved by Council in writing, shall be prominently displayed on all door entrances, including stairwells, elevators and lobby entrance doors.
External directional signage shall be erected on site at driveways and on buildings to ensure that all number plates throughout the complex are clearly visible to assist emergency service providers in finding a destination easily and quickly. One cluster mailbox shall be located as shown on submitted plans marked as DWG No A102, Rev F marked in the consent documentation. Cluster mailboxes must be placed within the area within easy reach of the public road for the postal ombudsman.
The number of post boxes to be provided shall be equal to the number of shops, plus one (1) for the owners of the development and shall be in accordance with the size requirements of Australia Post. The owners additional mailbox will be located within the cluster located in Building B. Please call 9843 0555 or email a copy of the final strata plan prior to registration with Land Registry Services NSW at [email protected] .au for approval of the final count of properties and units with corresponding lot numbers is now required to be included in the registered Strata Administration sheet.
In no event shall the Strata Plan be lodged with Land Registry Services NSW until Council has approved all final addressing.
PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE
- Special Infrastructure Contribution – Growth Centres
- Onsite Stormwater Detention – Hawkesbury River Catchment Area (Rural)
- Works in Existing Easement
- Works on Adjoining Land
Water-sensitive urban development elements, consisting of Rainwater tanks, OSD tanks, PSorb Storm filters (7 for catchment area 1, 16 for catchment area 2 and 7 for catchment area 3) are placed globally in accordance with drawing number MUSIC Catchment area plan. The detailed plans must be suitable for construction and include detailed and representative longitudinal and cross-sectional views of the proposed infrastructure. The design should be guided, informed and supported by detailed water quality and quantity modelling.
45% reduction in average annual total nitrogen load All model parameters and data outputs must be provided. The design and construction of the stormwater management system must be approved by the Council or an accredited certifier. A Certificate of Compliance certifying the detailed design of the stormwater management system may be issued by the Council.
All adjacent properties that will benefit or be affected by the existing easement must be notified in writing of proposed works within the easement, including commencement and completion dates, prior to the issuance of a Building Certificate or Subdivision Works Certificate. Where the engineering works within the scope of this approval extend to adjacent land, written consent from all affected adjacent property owners must be obtained and presented to the Council prior to the issue of a Building Certificate or Subdivision Works Certificate.
40. Security Bond – Road Pavement and Public Asset Protection
Security Bond – External Works
Engineering Works
With respect to private roads, the intersection needs to delineate the public road from the
Security Bond Requirements
Erosion and Sediment Control/ Soil and Water Management Plan
A SWMP requires both drawings and accompanying commentary (including calculations)
Protection of Internal Noise Levels
Biodiversity Offsetting Requirements
Structural Engineering Plans
Section 7.11 Contribution – Balmoral Road Release Area
Stage 2
Internal Pavement Structural Design Certification
Construction Management Plan
At a minimum a 1.8m high chain-wire fence is to be erected at least three (3) metres from
Sydney Water Building Plan Approval
Property Condition Report – Public Assets
Traffic Control Plan
Transport for NSW Design Approval
Pavement Design
Management of Building Sites
Consultation with Service Authorities
Dilapidation Survey
Approved Temporary Closet
Erosion and Sedimentation Controls
Stabilised Access Point
Details and Signage - Principal Contractor and Principal Certifier Details
Signage
Erosion and Sedimentation Controls
Demolition Works and Asbestos Management
Discontinuation of Domestic Waste Services
Waste Management Details Required
DURING CONSTRUCTION
Location of Works
Standard of Works
Hours of Work
Roof Water Drainage
Survey Report and Site Sketch
Compliance with BASIX Certificate
Any subsequent version of this BASIX Certificate will supersede all previous versions of the
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
Stockpiles
Dust Control
Tree Removal & Fauna Protection
Contamination
Landscaping Prior to Issue of any Occupation Certificate
Completion of Engineering Works
Property Condition Report – Public Assets
Stormwater Management Certification
Where Council is not the Principal Certifier a copy of the above documentation must be
Water Sensitive Urban Design Certification
Completion of Subdivision Works/ Satisfactory Final Inspection
Compliance with Transport for NSW Requirements
Subdivision Works – Submission Requirements
All piped stormwater drainage systems and ancillary structures which will become public
Performance/ Maintenance Security Bond
Confirmation of Pipe Locations
Section 73 Compliance Certificate
Provision of Electrical Services
Registration of Preceding Subdivision Stage 2A
Provision of Telecommunication Services
Final Plan and Section 88B Instrument
Subdivision Certificate Application
Retaining Walls
Final Dilapidation Survey
99. Biodiversity compliance
ATTACHMENTS
ATTACHMENT 1 – LOCALITY PLAN (OVERALL SITE)
ATTACHMENT 2 – AERIAL PHOTOGRAPH (OVERALL SITE)
ATTACHMENT 3 – ZONING MAP AND INDICATIVE ROAD PATTERN
ATTACHMENT 4 – OVERALL SITE PLAN
ATTACHMENT 5 – APPROVED SUBDIVISION PLAN UNDER 1617/2018/ZE
ATTACHMENT 5 – SITE PLAN
ATTACHMENT 6 – SUBDIVISION PLAN
ATTACHMENT 7 – STAGE 1 PLAN
ATTACHMENT 8 – STAGE 2 PLAN
ATTACHMENT 9 – STAGE 3 PLAN
ATTACHMENT 10 – TYPICAL FRONT AND REAR ELEVATIONS
ATTACHMENT 11 – BUSINESS/SHOP SIDE ELEVATIONS
ATTACHMENT 12 – SECTION (BUSINESS/SHOP)
ATTACHMENT 13 – SECTIONS DEPICTING EXTENT OF CUT AND FILL
ATTACHMENT 14 – SCHEDULE OF MATERIALS AND FINISHES
ATTACHMENT 15 – LANDSCAPE PLAN
ATTACHMENT 16 – CONCEPT DEVELOPMENT PLAN FOR 77 WINDSOR ROAD
ATTACHMENT 17 – CONCEPT DESIGN FOR PROPOSED REFUGE ISLAND AND
ATTACHMENT 18 – EXTENT OF BUILDING HEIGHT VARIATION
ATTACHMENT 19 – CLAUSE 4.6 VARIATION
ATTACHMENT 20 – TRANSPORT FOR NSW COMMENTS
Compliance with the Box Hill Growth Centre Development Control Plan
The DCP requires that dwellings of three bedrooms or more must provide at least two car spaces, one of which must be located behind the frontage line of the building. The proposal will provide a single car space, located in the driveway, in front of the frontage line of the building. The only space available for car parking is the street which is enough for a customer to park his car.
As previously described, for security reasons, no other room can be used for home business. Provide safe, secure and convenient access to parking in garages, carports and parking areas, with occasional control of private driveways from apartments and the street. The proposal does not meet the objectives of the clause as there will be a single parking space in the driveway and all other resident or visitor cars will be parked on the street.
While there is no parking requirement for a home business, this matter is judged on merit. In this case, the use of the existing garage for the home business results in insufficient on-site parking for the home, which is contrary to the DCP objectives. The applicant determined that a parking space within the driveway crossing could be provided within the road reserve, ie: the parking space was not entirely within the site.
This is not supported due to the conflict that may arise between pedestrians and vehicles and is considered an unsatisfactory arrangement as the vehicle would not be located on site.
Issue Raised in Submission
Concerns are raised about the availability of parking, due to the conversion of the garage. The DCP requires a three or more bedroom dwelling to provide two car spaces, one of which must be behind the building's frontage line.
Internal Referrals
The proposed development has not demonstrated that there is sufficient parking for the development and as such the site is considered unsuitable for the development. Given that insufficient parking spaces have been provided and the application does not demonstrate compliance with the Box Hill Growth Center Precinct Development Control Plan and it has been determined that the proposed development is not in the public interest.
