The applicant is seeking approval for a self-contained in-fill self-catering housing under the provisions of the SEPP. As such, the proposal is considered to meet the requirements of the SEPP regarding the definition of self-contained fillable self-care housing. Cl.
Clause 41 and
In view of the foregoing, it is considered that there are sufficient urban planning grounds to justify a deviation from the development standard with regard to the building height regulation. The proposal complies with the building height regulation of 8.0 m from the ground to the top ceiling. The deviation from the single-storey height control provision is considered acceptable in view of the overall design of the buildings and the existing buildings on adjacent plots.
Issues Raised in Submissions
The submitted plans indicate that all the proposed works are located within the area. There is no indication that approval of the development will affect the surrounding property values. The proposed master bedrooms in the development are located at ground level and their design complies with the requirements of the SEPP.
Internal Referrals
Their positioning will also affect the privacy of the adjacent pool area/yard and bedroom. The SEPP variation is considered satisfactory given the scale of the proposed works and will not have an unreasonable impact on surrounding properties. The social and environmental impacts have been identified and addressed in the report and are consistent with the outcomes of The Hills Future Community Strategic Plan.
Development in Accordance with Submitted Plans
The Development Application has been assessed against the relevant authorities under sections 4.15 of the Environmental Planning and Assessment Act, 1979, the State Environmental Planning Policy Housing for the Elderly or Disabled, the local environmental plan 2012 and the development control plan and is considered satisfactory. . The objection submitted SEPP 1 to the ground floor development parts affecting the rear 25% of the site is worthy of support. The issues raised in the submissions are addressed in the report and approval is recommended subject to conditions.
SEPP (Seniors Living or People with a Disability) Housing
Building Work to be in Accordance with BCA
Construction Certificate
Provision of Parking Spaces
Colours and Materials
Landscaping and Fencing
Demolition Notification
9. Demolition Inspections
Property Numbering
Australia Post Mail Box Requirements
Accessibility and Adaptability
Imported ‘Waste Derived’ Fill Material
Adherence to Demolition/Construction Waste Management Plan
15. Management of Construction and/or Demolition Waste
Disposal of Surplus Excavated Material
Commencement of Domestic Waste Services
Construction of Bin Enclosure
4. The bin enclosure must have a waste servicing door, with a minimum clear floor
Street Trees
21. Road Opening Permit
Protection of Public Infrastructure
Vehicular Access and Parking
Vehicular Crossing Request
Minor Engineering Works
Tree Removal
Planting Requirements
Compliance with BASIX Certificate
Separate Application for Strata Subdivision
Acoustic Statement Air-Conditioning Noise
Onsite Stormwater Detention – Hawkesbury River Catchment Area
Security Bond – Road Pavement and Public Asset Protection
Security Bond – External Works
35. Security Bond Requirements
Approved Plans to be Submitted to Sydney Water
Notification
Principal Certifying Authority
Builder and PCA Details Required
Notification of Asbestos Removal
Demolition Works and Asbestos Management
Discontinuation of Domestic Waste Services
Traffic Control Plan
Public Infrastructure Inventory Report
Erosion and Sedimentation Controls
Stabilised Access Point
DURING CONSTRUCTION
Hours of Work
Survey Report
Compliance with Critical Stage Inspections and Other Inspections Nominated by the Principal Certifying Authority
Stockpiles
Construction Noise
Stockpiles
Asbestos Removal
Authority, identifying the quantity and type of asbestos being removed. Details of the
Dust Control
Standard of Works
Section 73 Compliance Certificate
Acoustic Certification of Air-Conditioning Unit/s Installation
Clearance Certificate
59. Final Inspection of Bin Enclosure
Performance/Maintenance Security Bond
Completion of Engineering Works
Public Infrastructure Inventory Report - Post Construction
OSD System Certification
Creation of Restrictions / Positive Covenants
65. Landscaping Prior to Issue of any Occupation Certificate
Notice of Privately Issued Strata Certificate
Offensive Noise
Offensive Noise - Acoustic Report
Waste and Recycling Collection
ATTACHMENT 1 – LOCALITY PLAN
ATTACHMENT 2 – AERIAL PHOTOGRAPH
ATTACHMENT 3 – ZONING PLAN
ATTACHMENT 4 – SITE PLAN
ATTACHMENT 5 – GROUND FLOOR PLAN
ATTACHMENT 6 – FIRST FLOOR PLAN
ATTACHMENT 7 – ELEVATIONS
ATTACHMENT 7 – ELEVATIONS
ATTACHMENT 8 – SHADOW DIAGRAMS
ATTACHMENT 8 – SHADOW DIAGRAMS
ATTACHMENT 8 – SHADOW DIAGRAMS
ATTACHMENT 9 – LANDSCAPE PLAN
ATTACHMENT 10 – FENCING DETAILS
ATTACHMENT 11 – SEPP 1 OBJECTION
EXECUTIVE SUMMARY
The proposal has been designed utilising the provisions of Clause 4.1B Exceptions to
The proposal is considered to be consistent with the stated objectives of the zone, in that
Compliance with The Hills Development Control Plan
The proposal has been assessed against the provisions of the Hill Development Control Plan (THDCP) specifically:-. In the absence of development standards for small lot housing, the standards outlined in Clause 4, Housing under Clause 4.1B of the Hills Local Environmental Plan 2012, in Part D Section 5 – Kellyville/Rouse Hill Clearance Area were used as a guide in evaluating this application. The proposed development achieves compliance with the relevant requirements of the above point in the DCP with the exception of the following:.
Side border to neighboring properties – 2 m. a) Dwellings in the zero lot line will occur only on the southern side boundary of the east-west subdivision and.
DEVELOPMENT
The clause is problematic when applied to development permitted by Clause 4.1B of The
The proposed variation does not detract from amenity or landscape setting. The
It is considered that the proposal is consistent with the nature and existing and future
Accordingly, the proposed variation is considered satisfactory in this regard
Draft Amendments to LEP 2012 and Proposed DCP for Small Lot Housing At the Ordinary Meeting of Council on 14 November 2017, Council resolved that a report
DRAFT
DRAFT
DRAFT
DRAFT
Individual Street
Balconies on the first floor will not be permitted where they overlook living areas or private open spaces of adjoining. Dwellings will limit potential for noise transfer to the living and sleeping areas within the development as well as adjacent existing and future development. Solar access Dwellings must be located to allow adequate provision of direct sunlight to the private open space of adjoining properties.
At least 50% of the private open space within the subject property will receive direct sunlight for at least 2 hours between 9am and 3pm on 21 June. Collapsible or permanent clothes drying equipment should be provided within private outdoor areas and positioned to maximize the amount of direct sunlight received. Double garages on the front facade will only be considered for detached dwellings on small lots where no more than 50% of the front area of the property extends.
Notwithstanding the above non-compliances, the proposal is considered an appropriate development as it meets key development controls under both the current LEP and DCP as demonstrated in the previous section of this report. In addition, the proposal is believed to help provide housing diversity within the Shire without negatively impacting the residential experience or existing streetscape along Church Street. Nevertheless, the following comments are made which relate to the main issues identified in the report to the Council of 13 February 2018;
The proposal is designed in accordance with the existing and expected medium density built form character along Church Street.
The proposal incorporates built form articulation and a mixed palette of building
Issues Raised in Submissions
The proposed development does not meet the side and rear requirements of the DCP Meerwoningen. This non-compliance contributes significantly to the mass, scale and overdevelopment of the site. This large expanse of paved surface detracts from the existing streetscape and will add to the overall bulk and scale of the proposal.
Failure to comply with the setback requirements will significantly affect the privacy and amenity of the objector's property, particularly the ground floor setback. It is not considered that there will be any adverse impact on the privacy and amenity of neighboring properties as a result of the proposed development. Non-compliance with landscape requirements contributes to the overall development of the area.
The Owners' Association (OC) has been informed that the above-mentioned development application was submitted to the Council in October 2017. Spatial Planning 2000. The residential character of the area is not expected to change as a result of this proposal.
The proposal will result in an appropriate outcome on the site and within the context of the area and will contribute to the orderly development of an existing low to medium density residential area within the Grade.
Internal Referrals
All trees located in the adjacent area must be retained and protected by remedial works to be carried out in accordance with the recommendations of the arborist report and under the supervision of the design arborist. Any changes to the current boundary fence would be subject to negotiation with neighboring properties under the Fences Act 1991. Plans have been amended to move the retaining walls from the boundary to be entirely within the subject property.
Onsite Stormwater Detention (OSD) System will impact and create stormwater runoff to neighboring properties. There is no evidence that the on-site stormwater retention system will affect neighboring properties. A certificate of hydraulic compliance from a suitably qualified engineer or surveyor will be submitted as a condition of consent verifying that the constructed OSD system will function hydraulically and a certificate of structural adequacy from a suitably qualified structural engineer verifying that the structures associated with the constructed OSD system are structurally adequate and capable of withstanding all loads likely to be imposed on them during their lifetime.
Subdivision
CONCLUSION
External Finishes
Tree Removal
Planting Requirements
Protection of Public Infrastructure
7. Vehicular Crossing Request
Minor Engineering Works
Road Opening Permit
Construction Certificate
Reflective Qualities
Roof Sheeting
Building Work to be in Accordance with BCA
Contamination
Air Conditioner Installation
Retention of Trees
Adherence to Waste Management Plan
Management of Construction and/or Demolition Waste
Commencement of Domestic Waste Service
Provision of Domestic Waste Storage Area
House Numbering
Zero Lot Line Dwellings – Easement Encroachment
Demolition Notification
Demolition Inspections
European Sites or Relics
Aboriginal Archaeological Sites or Relics
Onsite Stormwater Detention – Upper Parramatta River Catchment Area Onsite Stormwater Detention (OSD) is required in accordance with Council’s adopted
Design/ construction plans prepared by an accredited OSD designer
- Works in Existing Easement
- Works on Adjoining Land
- Security Bond – Road Pavement and Public Asset Protection
- Security Bond Requirements
- Protection of Internal Noise Levels (Residential Unit/Townhouse/Villa Development)
- Section 7.12 Contribution
- Tree Protection Fencing
For guidance on the preparation of the plan refer to 'Managing Urban Stormwater Soils & Construction' produced by the NSW Department of Housing). Pursuant to section 80A (1) of the Environmental Planning and Assessment Act 1979 and The Hills Section 94A Contributions Plan, a contribution of $8,250.00 is payable to Council. This amount shall be adjusted at the time of actual payment in accordance with the provisions of the Hills Section 94A Contribution Plan.
You are advised that the maximum percentage of development levy under section 94A of the Act with proposed construction costs is within the range specified in the table below;. Building plan approval must be obtained from Sydney Water Tap in™ to ensure that the approved development does not impact Sydney Water infrastructure. A copy of the Sydney Water Tap in™ building plan approval and receipt (if not already provided) must be submitted to the Lead Certification Body upon request prior to commencement of work.
Before work begins on site, a tree protection fence should be installed around trees or groups of trees that have been nominated for conservation. According to the tree protection plan as per the tree breeder's report for the project or b) Tree protection zone (TPZ) as calculated under AS Protection of trees on development sites c) A radius of at least 3 meters from the trunk.
Tree Protection Signage
Mulching within Tree Protection Zone
Trenching within Tree Protection Zone
Separate OSD Detailed Design Approval
Public Infrastructure Inventory Report
Adjoining Property Dilapidation Report
Management of Building Sites – Builder’s Details
44. Principal Certifying Authority
- Approved Temporary Closet
- Builder and PCA Details Required
- Notification of Asbestos Removal
- Erosion & Sediment Control Plan Kept on Site
- Hours of Work
- Survey Certificate
- Compliance with BASIX Certificate
- Compliance with Critical Stage Inspections and Inspections Nominated by the PCA
- Confirmation of Compliance with Zero Lot Line
- Roof Water Drainage
- Stockpiles
- Asbestos Removal
- Dust Control
- Project Arborist
- Construction Noise
- Completion of Engineering Works
- Public Infrastructure Inventory Report - Post Construction
- OSD System Certification
Each subsequent version of this BASIX Certificate supersedes all previous versions of the certificate. Before construction work can commence, the PCA must report these inspections pursuant to Article 103A of the 2000 Spatial Planning Regulation. Principle Certifying Authority, which identifies the amount and type of asbestos being removed.
The contract must include information about the landfill site that may lawfully receive the asbestos. Dust emissions must be controlled to minimize nuisance for the residents of the surrounding buildings. Dust screens should be placed around the perimeter of the site and kept in good condition during construction;
The supervision of the works will be certified by the project arboriculturalist and a copy of such certification must be submitted to the private certifying body within 14 days of completion of the works. The noise emission of the construction of the development must comply with the Interim Construction Noise Directive published by the Ministry of Environment and Climate Change (July 2009). The landscaping of the site must be carried out before a vocational certificate is issued (within each phase if applicable).
If the Council is not a PCA, a copy of the above documentation must be submitted to the Council.
66. Completion of Subdivision Works/ Satisfactory Final Inspection
Confirmation of Pipe Locations
Section 73 Compliance Certificate
Provision of Electrical Services
Adjoining Property Dilapidation Report Post Construction
Provision of Telecommunication Services
72. Final Plan and Section 88B Instrument
Subdivision Certificate Application
Clearance Certificate
Maintenance of Landscaping Works
Lighting
ATTACHMENTS
ATTACHMENT 1 – LOCALITY PLAN
ATTACHMENT 2 – AERIAL MAP
ATTACHMENT 3 – SITE PLAN
ATTACHMENT 4 – ELEVATIONS AND SECTIONS
ATTACHMENT 5 – STREETSCAPE
ATTACHMENT 6 – SHADOW DIAGRAM (1)
ATTACHMENT 6 – SHADOW DIAGRAM (2)
ATTACHMENT 7 – DEMOLITION AND SUBDIVISION PLAN