MINUTES OF THE MEETING OF THE DEVELOPMENT ASSESSMENT UNIT HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 25 FEBRUARY 2020. The Minutes of the Council Meeting of the Development Assessment Unit held on 11 February 2020 are confirmed. In addition, regional panels are also responsible for determining applications to vary a regionally significant development consent under Section 4.55(2) of the EP & A Act.
As the proposed modification is under the provisions of section 4.55(1A) of the EP & A Act, the Council is the determining authority of the application in this case. Subject to the above, the Hills Shire Council may act as the approval authority on behalf of the SCCPP for the modification of section 4.55(1A). The proposal has been assessed against the provisions of the Hill Development Control Plan (THDCP) specifically:-.
Lack of landscaping at the front of the site where curbs and gutters will be installed along phase 2. Dust emission must be controlled to minimize disturbance to residents of surrounding areas.
LOCALITY PLAN
AERIAL MAP
LEP ZONING MAP
APPROVED STAGE 2 PLANS
APPROVED STAGE 3 PLANS
PROPOSED STAGE 2 PLANS
PROPOSED STAGE 3 PLANS
Compliance with The Hills Local Environmental Plan 2019 (i) Permissibility
Enable other land uses that provide facilities or services to meet the daily needs of residents. The proposed development is considered to be consistent with the stated objectives of the site, particularly in that the proposal will provide opportunities for the orderly development of the land in a low density residential environment. The proposal involves the creation of two lots, one containing the existing dwelling on the site and the other a vacant lot for future development.
Therefore, the proposed development is considered to provide a balanced outcome for the development of the area and provides for the housing needs of a growing community in a low density residential environment. The application requires subdivision consent and therefore complies with this LPP requirement. The location of the facility is located on the land identified on the Lot Size Map referred to in clause 4.1 of the LEP.
Subject to the requirements of Article 4.1, the size of any lot resulting from a subdivision of land shall not be less than the minimum size shown on the lot size map. The proposed development seeks to create two residential lots identified on the subdivision plan as lots 30 and 31. Proposed lot 30 has an area of 845.8m2 (or 713.44m2 excluding the access hook) which complies with the requirements of Clause 4.1.
Proposed site 31 is identified, has an area of 830.2m2 which also meets the requirements of Clause 4.1. Based on the proposed lot sizes identified above, the applicant has demonstrated compliance with the requirements of Clause 4.1 of the LEP.
Compliance with The Hills Development Control Plan 2012
Although the plot has an irregular shape due to the boundary between the two plots following the back of the existing house, the proposed building platform is rectangular. Although the platform is 0.5m below the minimum required width, the depth exceeds the minimum of 20m by 0.75m, giving a total area of over 300m2 on this plot. To further support the proposed variation to the building platform requirement, the Applicant has provided indicative floor plans demonstrating a potentially compliant home (see Annex 7).
The house is not part of the proposed development and has only been provided to support the desired variation on the DCP. Although the proposed development includes a variation in the size of the building platform, the applicant has demonstrated that a home can be built on the proposed lot 30 within the required building defects that meet the overall objective of the DCP's building platform requirement.
Issues Raised in Submissions
It is also noted that the council's tree management guidelines allow the removal of trees within 5 meters of a property without permission. There is no objection to building; however, Council is requested to retain the large Liquid Amber tree on the site if possible. The applicant has proposed felling the tree specified in the application; that is within 1 m of the build platform.
Although the tree is outside the building site, it is close enough that its removal is still justified. The Council's Environmental Health Panel reviewed the proposed tree removal and raised no objection to the condition requiring replacement planting (see condition 10). The development application has been assessed for the relevant aspects in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979, the Hills Local Environmental Plan 2019 and the Hills Development Control Plan 2012 and is satisfactory.
The issues raised in the submissions have been addressed in the report and the recommended conditions and do not warrant refusal of the application. Hills Section 7.12 The Contribution Plan applies to the area concerned but no contribution is payable on the proposed development as the cost of the works is less than. The proposed development is consistent with the planning principles, visions and objectives outlined in "Hills 2026 - Looking Towards the Future" as the proposed development provides for satisfactory urban growth without adverse environmental or social amenity impacts and ensures that a consistent built form delivered with respect to the streetscape and the general location.
The subdivision shall be carried out in accordance with the approved plan of subdivision prepared by East West Surveyors Pty Ltd reference 19/1662PRO SUB REV 3 dated and other supporting documentation submitted with the development application unless varied by other conditions of consent.
Subdivision Certificate Preliminary Review
Demolition Notification
Demolition Inspections (Subdivision Applications)
Adherence to Waste Management Plan
Management of Construction and/or Demolition Waste
This can be done by source separation on location, i.e. a bin for metal waste, a bin for wood, a bin for bricks and so on. Receipts for all landfill/recycling must be kept on site at all times and presented in legible form to any authorized officer of the municipality who requests it.
Commencement of Domestic Waste Service
Provision of Domestic Waste Storage Area/s
Contamination
Tree Removal
Subdivision Works Approval
Protection of Public Infrastructure
Any damage must be compensated in accordance with the council's requirements and to the council's satisfaction.
Vehicular Access and Parking
Vehicular Crossing Request
Excavation near Boundaries
Erosion and Sediment Control Plan
Engineering Works and Design
Screen Landscaping
Demolition Works and Asbestos Management
Protection of Existing Trees
Erection of Signage – Supervision of Subdivision Work
This signage must be maintained while the subdivision work is being carried out and must be removed on completion. Under the Environmental Planning and Assessment Act 1979, only the Council can issue a subdivision certificate, which means that only the Council can be appointed as the lead certifying body for subdivision works.
Contractors Details
Erosion and Sediment Control
Service Authority Consultation – Subdivision Works
Property Condition Report – Public Assets
Standard of Works
Critical Stage Inspections – Subdivision Works
Subdivision Earthworks – Lot Topsoil
Working Hours
Completion of Subdivision Works/ Satisfactory Final Inspection
Subdivision Works – Submission Requirements
Section 73 Compliance Certificate
Provision of Electrical Services
Provision of Telecommunication Services
Site/ Lot Classification Report – Vacant Residential Lots
Final Plan and Section 88B Instrument
Waste and Recycling Management
