ASSESSMENT UNIT

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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 28 April 2020

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

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DEVELOPMENT ASSESSMENT UNIT MEETING 28 APRIL, 2020

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 1110/2020/HA - ILLUMINATED SIGNAGE FOR NORTH KELLYVILLE PUBLIC SCHOOL (PROPOSED ILLUMINATION 24/7) - LOT 1 DP 125996, 120-126 HEZLETT ROAD, NORTH KELLYVILLE

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PAGE 3 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 21 APRIL 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 Nicholas Carlton Manager – Forward Planning Kristine McKenzie Principal Executive Planner

APOLOGIES Nil

TIME OF COMMENCEMENT 8:30am

TIME OF COMPLETION 8:39am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council 14 April 2020 be confirmed.

ITEM-2 DA 1379/2019/LD - SINGLE SOTREY DWELLING AND RETAINING WALLS - LOT 1 DP 1233280, NO. 49 MCCLYMONTS ROAD, MARAYLYA

PUBLIC NOTIFICATION OF THE DETERMINATION PURSUANT TO ITEM 20(2)(c) AND OF SCHEDULE 1 OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979

DECISION:

The application be approved subject to conditions in the report.

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PAGE 4 REASONS FOR THE DECISION

 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 1 – Rural – Variation, see report.

 Section 7.12 Contribution: $5,010.70

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION:

yThe development application was notified and one (1) submission was received.

END MINUTES

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PAGE 5 ITEM-2 DA 1110/2020/HA - ILLUMINATED SIGNAGE FOR NORTH KELLYVILLE PUBLIC SCHOOL (PROPOSED ILLUMINATION 24/7) - LOT 1 DP 125996, 120-126 HEZLETT ROAD, NORTH KELLYVILLE

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: 28 APRIL 2020

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR TOWN PLANNER

HARRISON DEPCZYNSKI

RESPONSIBLE OFFICER: PRINCIPAL EXECUTIVE PLANNER KRISTINE MCKENZIE

Applicant Department of Education c/ Urbis Pty Ltd

Owner Department of Education

Notification 14 days

Number Advised 34 Number of Submissions Two

Zoning R1 General Residential and R2 Low Density Residential

Site Area 28,660m²

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

Section 4.15 (EP&A Act) – Satisfactory

SEPP (Sydney Region Growth Centres) 2006 – Satisfactory SEPP 64 Advertising Signage - Satisfactory

North Kellyville DCP 2018 – Satisfactory

DCP Part C Section 2 Signage – Variations proposed, see report

Political Donation None Disclosed

Reasons for Referral to DAU 1. Variations to DCP 2. Submissions received Recommendation Approval subject to conditions

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PAGE 6 EXECUTIVE SUMMARY

The development application is for the on-going use of an existing digital illuminated sign at North Kellyville Public School. The sign was erected without consent.

The development application includes variations to Council’s Development Control Plan with respect to the use of illumination and hours of illumination and signage height and dimensions. The sign is considered to be appropriate in regard to its height and dimensions given the context of the site within a school property. The sign was originally to be illuminated 24 hours, seven days a week however, in response to submissions and Council staff concerns, the applicant reduced this to 10pm. It is recommended that the illumination be reduced to 6am until 9pm in accordance with the Development Control Plan.

The application was notified and submissions from two property owners were received. The issues raised primarily relate to amenity impacts from the illuminated component and hours of illumination.

The application is recommended for approval subject to conditions.

BACKGROUND

Development Consent was granted by the Department of Planning, Industry and Environment (DPIE) on 16 March 2018 for the construction of a primary school for up to 1,000 students including a two storey school building, sports field, service area, car parking and public roads. The school has been in operation since January 2019.

In October 2019, a member of the public advised of the operation of a sign at North Kellyville Public School which was advertising local businesses.

The complaint was investigated by Council’s Development Monitoring Team who found that the sign had not been approved and could not be classified as exempt development as it was illuminated.

The subject Development Application was lodged on 21 February 2020.

PROPOSAL

The development application is for retrospective approval of an existing digital illuminated sign which has been erected without prior consent.

The sign will contain the following elements:

• Illumination from 6am until 10pm (24/7 illumination was originally proposed however this is not supported);

• The area of illumination will be contained to the digital panel, measuring 1.36m in height and 2.64m in width (3.59m²);

• Content to be displayed on the sign will include school and community-related messages and will not be used for the purposes of third-party advertising. Content management will be undertaken by North Kellyville Public School; and

• The sign will be installed with an automatic dimming setting.

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PAGE 7 ISSUES FOR CONSIDERATION

1. Division 4.6 of the Environmental Planning and Assessment Act 1979

Division 4.6 of the Environmental Planning and Assessment Act, 1979 applies to Crown development, that is, a development application made by or on behalf of the Crown. The Applicant and owner for the subject Development Application is the NSW Department of Education and therefore Division 4.6 of the Act applies.

Section 4.33(1) of the Act states:

4.33 Determination of Crown development applications (cf previous s 89) (1) A consent authority (other than the Minister) must not—

(a) refuse its consent to a Crown development application, except with the approval of the Minister, or

(b) impose a condition on its consent to a Crown development application, except with the approval of the applicant or the Minister.

In accordance with subclause 1(b), the conditions of consent recommended in this report were agreed to by the Applicant.

The proposal is satisfactory with respect to Division 4.6 of the Act.

2. Compliance with SEPP (Sydney Region Growth Centres) 2006 – Appendix 2 North Kellyville Precinct Plan

(i) Permissibility

The subject site is zoned R1 General Residential and R2 Low Density Residential pursuant to the SEPP. Educational establishments are permitted with consent in both the R1 General Residential and R2 Low Density Residential zones. The sign is located on land zoned R1 General Residential. The sign is considered ancillary development to the existing educational establishment on the site.

(ii) Development Standards

CLAUSE REQUIRED PROVIDED COMPLIES

4.3 – Height of Buildings

Maximum 9m 4.66m Yes

The proposal complies with the building height development standard.

3. North Kellyville Development Control Plan

The North Kellyville Development Control Plan does not contain specific provisions for signage applicable to the residential zones or schools. Section 1.3 states the DCP should be read in conjunction with The Hills DCP 2012 Part C Section 2 – Signage.

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PAGE 8 4. Compliance with DCP Part B Section 2 – Signage

The proposal has been assessed against the provisions of DCP Part C Section 2 – Signage.

The proposed development achieves compliance with the relevant requirements of the THDCP development controls with the exception of the following:

DEVELOPMENT CONTROL

DCP

REQUIREMENTS

PROPOSED DEVELOPMENT

COMPLIANCE 2.3 Signs in

Residential Zones

(a) The maximum area of any sign shall be 2.25m² with maximum

dimensions of 1.5 metres x 1.5 metres.

The sign has an area of 6.23m².

No, however the area of the sign is considered

reasonable given the size of the site.

(b) The maximum height to the top of a sign shall be 2.5 metres from the natural ground level.

The maximum height of the sign from natural ground level is 4.66m.

No, however the height of the sign is considered

reasonable given the size of the site.

(d) Building identification and business

identification

signage within residential zones shall not be illuminated other than an illuminated cube light to identify

health care

premises.

The sign is digitally illuminated.

No, however

illumination is considered

reasonable given the use of the site as a school.

2.11 Illumination of Signs

(b) Any illumination of signage shall be switched off upon the closure of business each day.

Should the business operate during normal business

hours only,

illumination shall be switched off by 9pm daily.

The sign was initially proposed to be illuminated 24/7 and further reduced by the applicant to 10pm in

response to

submissions.

No, however it is recommended that illumination be reduced to 9pm in accordance with this control.

(c) Illuminated

signage is

prohibited within residential zones other than an illuminated cube light to identify health consulting rooms.

The sign is digitally illuminated.

No, however

illumination is considered

reasonable given the use of the site as a school.

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PAGE 9 a) Signs in Residential Zones / Illuminated Signage

The DCP contains the following requirements for illuminated signs in residential zones being;

 Maximum area of any sign 2.25m² with maximum dimensions of 1.5m x 1.5m.

 Maximum height 2.5m.

 No illumination permitted other than an illuminated cube light to identify health care premises.

The sign dimensions are 2.64m x 2.36m totalling 6.23m². The digital component of the sign measures 1.36m x 2.64m totalling 3.59m². The maximum height of the sign is 4.66 metres.

The applicant has submitted the following justification for the variations:

The digital screen itself only has an area of 3.59sqm. Whilst the sign exceeds the dimensions specified in the DCP, the sign will be subservient to the existing two storey school and of a size that is easily legible. The illuminance level will be adjustable to minimise impacts to adjoining residences. The sign will be installed with auto dimming to reduce light spill and balance the brightness of the screen.

It should be noted that the provisions within Part C of the Hills DCP do not relate specifically to schools within residential zones and therefore there are a number of technical non- compliances which should be considered on merit. The proposed sign satisfies the objectives as the purpose of the sign is to identify North Kellyville Public School and communicate school-related and community related messages. The sign is considered an appropriate size and scale and will be subservient to the two-storey school building. The sign will be constructed from high quality and durable materials that do not detract from the residential character of the surrounding area.

Comment:

The DCP objectives are as follows:

 To permit an approved use to adequately identify their premises while maintaining the residential character of the area.

 To ensure that business and building identification signs are appropriate to the size and scale of the activity conducted on the property.

 To ensure that business and building identification signs do not detract from any residential area by requiring the size, shape, materials and location of the signage to complement the visual character of the surrounding area.

 To ensure that illuminated signage does not adversely impact on adjacent property owners or the amenity of the area.

The DCP does not contain specific provisions for school signage and therefore the signage provisions for residential zones apply to the proposal. Whilst the sign does exceed the DCP in terms of size and area, it is considered to be of an appropriate size and scale for school

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PAGE 10 signage within the residential area. The illuminated sign is not considered to have adverse amenity impacts on the surrounding residential area subject to the imposition of the recommended conditions of consent which include a 9pm curfew, maximum luminance levels, installation of an auto dimmer, and restriction of content to school related information only (see Conditions 3, 4, 5 and 7). The sign is a similar size and scale to other approved school signs in the area.

The sign is considered to satisfy the relevant objectives and no objections are raised subject to recommended conditions.

3. Compliance with State Environmental Planning Policy 64 – Advertising Signage

Clause 8 of the SEPP states:

“A consent authority must not grant development consent to an application to display signage unless the consent authority is satisfied:

(a) that the signage is consistent with the objectives of this Policy as set out in clause 3 (1) (a), and

(b) that the signage the subject of the application satisfies the assessment criteria specified in Schedule 1.”

With respect to (a), the policy aims set out in Clause 3(1)(a) are to ensure that signage (including advertising):

 is compatible with the desired amenity and visual character of an area

 provides effective communication in suitable locations

 is of high quality design and finish

The sign is considered to be of an appropriate size and scale for the residential area providing the opportunity for effective communication of school related information in a suitable location with exposure to Hezlett Road. The sign is considered to be of high quality design and finish, and compatible with the desired amenity and visual character of the area.

The sign is considered to be consistent with the objectives of the SEPP.

With respect to (b), an assessment against Schedule 1 is provided below:

Schedule 1 - Assessment Criteria:

Assessment Criteria Proposal Compliance

Character of the Area

Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?

Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?

The school sign is considered to be of an appropriate size and scale for the residential area within which it is located.

The sign is a high-quality design and finish suitable to the existing buildings on the site.

Yes

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PAGE 11 Special areas

Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?

The site is not located within an area of environmental sensitivity, waterways or rural landscapes.

The site is located within a residential area with residential dwellings surrounding the site.

However, the design and operational constraints reflected in the recommended conditions are considered to alleviate any potential residential amenity impacts.

Yes

Views and vistas

Does the proposal obscure or compromise important views?

Does the proposal dominate the skyline and reduce the quality of vistas?

Does the proposal respect the viewing rights of other advertisers?

The sign will not obscure any view, including important views.

The sign has been installed at the front of the school and at 4.66m in height, will not dominate the skyline or protrude above any approved structures.

The sign will not contain advertising. There are no other advertisers in the vicinity of the site.

Yes

Streetscape, setting or landscape

Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?

Does the proposal contribute to the visual interest of the streetscape, setting or landscape?

Does the proposal reduce clutter by rationalising and simplifying existing advertising?

The scale, proportion and form of the proposal is considered appropriate for the streetscape.

The signage structure is 4.66m in height and as such will appear subservient to the two-storey school. It will not protrude above surrounding buildings, structures or trees.

The proposal will contribute to the visual interest of the streetscape and the school development. The ability to display various messages through the digital element of the signage will provide visual interest as well as convenience and information for the school and community.

The sign has been installed at the front of a new school.

Yes

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PAGE 12 Does the proposal protrude

above buildings, structures or tree canopies in the area or locality?

Accordingly, it does not rationalise or simplify existing signage or advertising.

Notwithstanding this, it does not create unnecessary clutter and is in line with modern technology.

At 4.66m in height, the proposal does not protrude above building, structures or tree canopies in the area.

Site and building

Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?

Does the proposal respect important features of the site or building, or both?

Does the proposal show innovation and imagination in its relationship to the site or building, or both?

The sign has been located to respect the site’s interface with residential uses. At 4.66m in height, the signage structure will appear subservient to the two- storey school.

The siting of the sign on the site’s eastern boundary ensures that the architectural features of the school are respected.

The proposal demonstrates innovation through incorporating digital LED elements.

Yes

Illumination

Would illumination result in unacceptable glare?

Would illumination affect safety for pedestrians, vehicles or aircraft?

Would illumination detract from the amenity of any residence or other form of accommodation?

Is the illumination subject to a curfew?

The illumination of the sign has been conditioned to be consistent with the requirements outlined in the Transport Corridor Outdoor Advertising and Signage Guidelines November 2017 published by the former NSW Department of Planning and Infrastructure. Illumination is therefore not considered to affect safety or adversely impact residential amenity.

Illumination will be subject to a 9pm curfew in accordance with the DCP.

Yes

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PAGE 13 Safety

Would the proposal reduce the safety for any public road?

Would the proposal reduce the safety for pedestrians or bicyclists?

Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas?

The sign is located within the boundaries of the site and as such will not protrude onto the adjacent pedestrian footpath or road reserve.

The orientation of the sign ensures that there will be no direct obstruction of views or distraction to passing motorists, cyclists or pedestrians. The proposed sign will not obscure any sightlines, and therefore is not considered to reduce the safety of pedestrians.

Yes

5. Issues Raised in Submissions

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

ISSUE/OBJECTION COMMENT

There is no need for 24/7 signage illumination. Even until 10pm is enough. The Hills Adventist sign made it very hard to sleep as it was so bright and it is quite low.

Thankfully they switch it off now.

In their response to submissions, the applicant revised their proposal with a 10pm curfew for illumination. However, the Signage DCP sets a 9pm curfew for illuminated signage.

Noting that the DCP also prohibits illuminated signage in residential areas (except for health facility illuminated cube lights), a curfew of 9pm is considered appropriate for the sign. The applicant has agreed to a condition to this effect.

This is also consistent with the hours imposed on the mentioned approved Hills Adventist College sign which is located approximately 500m to the south of the site at 36-40 Hezlett Road.

I also would like to object.

There is no justification for these digital billboards outside schools in the first place - all parents have a mobile phone that allows the school to communicate quickly and cheaply with parents directly, and with local residents through social media or the school’s website. These signs are just a stealth way of raising venue in the future and allowing them to operate

The sign is a permissible use in the zone as works which are ancillary to an existing school. In regards to the use of the sign the applicant has advised as follows:

The intent of the sign is not to generate revenue but rather to communicate with local residents, who are not necessarily directly associated with the school community and therefore do not have access to the school’s social media or website. The sign serves to inform them of upcoming events, school activities and achievements. This not only fosters a sense of ownership however also connects the school with the broader community.

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ISSUE/OBJECTION COMMENT

24/7 means they can be used to raise more venue for paid ads.

This school is already a monstrous warehouse built in what was supposed to be a residential only area, and so is completely out of scale with the nearby buildings.

Having a 24/7 billboard stuck outside is just adding insult to injury, not to mention the resources and carbon footprint to build, install and run a sign 24/7 that provides no benefit to community.

It is also common practice for schools to have an external signage board that provides information to the community. The proposed sign seeks to fulfill the same purpose however is digital to allow information to be communicated and updated easily and efficiently.

The sign will only be used to display school related information and will not be used to advertise any external entities such as local businesses (see Condition 5). The sign is also similar in size and scale to other approved digital school signs in the locality which includes the abovementioned Hills Adventist College sign to the south of the subject site.

6. Internal Referrals

The application was referred to following sections of Council:

Environmental Health

No objections were raised subject to recommended conditions that included restricting the night hours of operation, imposing maximum luminance levels, and the installation of an automatic dimmer (see Conditions 3, 4, 5, and 7).

Development Monitoring

Development Monitoring recommended that a structural adequacy certificate be obtained given the sign has already been constructed. Further, restrictions on the content able to be displayed and luminance levels were also recommended (see Conditions 2, 4, 5 and 7).

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 (Sydney Region Growth Centres) 2006, North Kellyville Development Control Plan 2018 and The Hills Development Control Plan 2012 and is considered satisfactory.

The issues raised in the submissions have been addressed in the report and do not warrant refusal of the application.

Approval is recommended subject to conditions.

IMPACTS Financial

This matter has no direct financial impact upon Council's adopted budget or forward estimates.

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PAGE 15 The Hills Future Community Strategic Plan

The proposed development is consistent with the planning principles, vision and objectives outlined within “Hills 2026 – Looking Towards the Future” as the proposed development provides for satisfactory urban growth without adverse environmental or social amenity impacts and ensures a consistent built form is provided with respect to the streetscape and general locality.

RECOMMENDATION

Pursuant to the provisions of Section 4.15 of the Environmental Planning and Assessment Act 1979, the application be approved as follows:-

GENERAL MATTERS

1. Development in Accordance with Submitted Plans

The development being carried out in accordance with the following approved plans and details, stamped and returned with this consent except where amended by other conditions of consent.

REFERENCED PLANS AND DOCUMENTS

DRAWING NO. DESCRIPTION REVISION DATE

17447-AWD-010- PL-

Site Plan C 29/01/2020

S07 Sign Details 2 11/10/2018

2. Structural Adequacy Certificate

A certificate confirming the structural adequacy of the sign is to be submitted within 60 days of the endorsed date of the consent.

THE USE OF THE SITE 3. Hours of Illumination

The electronic sign is to be fitted with an appropriate timer with the operation of the illuminated sign restricted to between 6am and 9pm, 7 days a week to protect residential amenity.

4. Automatic Dimming of the Illuminated Sign

The illuminated electronic sign shall be provided with an automatic dimmer to reduce the brightness as the daylight reduces.

5. Content to be Displayed on the Sign

The content displayed on the sign is to be directly relevant to the school or school related activities. The display of content or advertising relating to other entities such as local businesses or general advertising is not permitted.

6. Sign Operation

The sign shall operate in accordance with Department of Planning and Infrastructure policy

"Transport Corridor Outdoor Advertising and Signage Guidelines" (November 2017) Section 3.3.1 Advertising signage and traffic control devices, 3.3.2 Dwelling time and transition time, 3.3.3 Illumination and reflectance, and 3.3.4 Interaction and sequencing. This includes but is not limited to:

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 The amount of text and information supplied is to be kept to a minimum (no more than a driver is able to read at a glance).

 The content of the LED component must be displayed in a completely static manner, without any motion, for a minimum dwell time of 10 seconds.

 The transition time between messages must be no longer than 0.1 seconds.

 The image must not be capable of being mistaken for a prescribed traffic control device. Red, amber or green LED’s are not permitted to be used at any time.

 The content must not provide driving instruction to drivers.

 The images displayed must not otherwise unreasonably dazzle or distract drivers without limitation to their colouring or contain flickering or flashing content.

 No scrolling messages are permitted.

7. Sign Maximum Luminance Levels

Maximum luminance levels are limited to the following in consideration of Table 6 from the Transport Corridor Outdoor Advertising and Signage Guidelines November 2017 published by the former NSW Department of Planning and Infrastructure:

• Daytime - 6000 cd/m²

• Dawn/Dusk - 600 cd/m²

• Night - 300 cd/m²

ATTACHMENTS 1. Locality Plan 2. Aerial Photograph 3. Site Plan

4. Sign Details

5. Photographs of Existing Sign

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PAGE 17 ATTACHMENT 1 - LOCALITY PLAN

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PAGE 18 ATTACHMENT 2 – AERIAL PHOTOGRAPH

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PAGE 19 ATTACHMENT 3 – SITE PLAN

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PAGE 20 ATTACHMENT 4 – SIGN DETAILS

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PAGE 21 ATTACHMENT 5 – PHOTOGRAPHS OF EXISTING SIGN

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