DEVELOPMENT
ASSESSMENT UNIT
Tuesday, 21 May 2019
T O S T R I V E F O R B E T T E R T H I N G S
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 3
ITEM-2 DA 821/2018/ZE/C - SECTION 4.55(1A) MODIFICATION TO A SMALL LOT HOUSING DEVELOPMENT AND SUBDIVISION CREATING 11 LOTS/ DWELLINGS OVER FOUR STAGES TO AMEND THE DESIGN AND LAYOUT OF THE DWELLINGS ON LOTS 7 AND 8 - LOT 1361 DP 1211084, 10-20 KALINDA AVENUE, BOX HILL
12
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 3 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 7 MAY 2019
PRESENT
Cameron McKenzie Group Manager – Development & Compliance Paul Osborne Manager – Development Assessment
Andrew Brooks Manager – Subdivision & Development Certification Angelo Berios Manager – Environment & Health
Craig Woods Manager – Regulatory Services Nicholas Carlton Acting Manager – Forward Planning Kristine McKenzie Principal Executive Planner
APOLOGIES Nil
TIME OF COMMENCEMENT 8:30am
TIME OF COMPLETION 8:47am
ITEM-1 CONFIRMATION OF MINUTES
RESOLUTION
The Minutes of the Development Assessment Unit Meeting of Council held on 30 April 2019 be confirmed.
ITEM-2 DA 1312/2008HC/A - SECTION 4.55(2) MODIFICATION TO AN APPROVED FITNESS CENTRE AND INDOOR AQUATIC CENTRE - ANNANGROVE AQUATIC &
LEISURE CENTRE, LOT 4 DP 1041253, 231 ANNANGROVE ROAD, ANNANGROVE
PUBLIC NOTIFICATION OF THE DETERMINATION PURSUANT TO ITEM 20(2)(c) AND (d) OF SCHEDULE 1 OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979
DECISION
The Section 4.55(2) Modification Application be approved subject to the following:
(A). That Conditions 1, 20, 25, 27 and 28 under the heading “GENERAL MATTERS” be amended as follows:
Condition 1 to be deleted and replaced as follows:
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 4
“1. Development in Accordance with Submitted Plans
The development being carried out in accordance with the approved plans and details, stamped and returned with original Development Consent No. 1312/2008/HC, and as amended by the following plans and details submitted with Development Application No.
1312/2008/HC/A.
REFERENCED PLANS AND DOCUMENTS
DRAWING NO. DESCRIPTION PREPARED BY: DATE
A.010 Site Plans Facility Design Group 06/05/2018
A.100 Lower Floor Plan Facility Design Group 06/05/2018 A.101 Upper Floor Plan Facility Design Group 06/05/2018
A.013 GFA Plans Facility Design Group 06/05/2018
A.102 Access Road Facility Design Group 06/05/2018
A.400 Sections Facility Design Group 06/05/2018
A.500 Elevations Facility Design Group 06/05/2018
A.1050 Perspectives Facility Design Group 06/05/2018
No work (including excavation, land fill or earth reshaping) shall be undertaken prior to the issue of the Construction Certificate, where a Construction Certificate is required.”
Condition 20 to be deleted and replaced as follows:
“20. Compliance with NSW Rural Fire Service Requirements
Compliance with the following requirements of the NSW Rural Fire Service outlined in their letter dated 8 January 2019.
Asset Protection Zones
The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:
1. At the commencement of building works, and in perpetuity, the area around the proposed building shall be managed as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones' as follows:
North: Inner Protection Area (IPA) for a distance of 39 metres; and,
All other directions: IPA to the property boundaries.
Water and Utilities
The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:
2. The provision of water, electricity and gas shall comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.
Access
The intent of measures for internal roads is to provide safe operational access for emergency services personnel in suppressing a bush fire, while residents are accessing or egressing an area. To achieve this, the following conditions shall apply:
3. Internal roads shall comply with the requirements of section 4.2.7 of 'Planning for Bush Fire Protection 2006'
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 5 Evacuation and Emergency Management
The intent of measures is to provide suitable emergency and evacuation (and relocation) arrangements for occupants of special fire protection purpose developments. To achieve this, the following conditions shall apply:
4. A Bush Fire Emergency Management and Evacuation Plan shall be prepared consistent with 'Development Planning - A Guide to Developing a Bush Fire Emergency Management and Evacuation Plan December 2014'.
Design and Construction
The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:
5. New construction shall comply with Sections 3 and 8 (BAL 40) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' or NASH Standard (1.7.14 updated) ‘National Standard Steel Framed Construction in Bushfire Areas – 2014’ as appropriate and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.
Landscaping
6. Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.”
Condition 25 to be deleted and replaced as follows:
“25. Minor Engineering Works
The design and construction of all the minor engineering works outlined below must be provided for in accordance with:
a) THSC Design Guidelines Subdivisions/ Developments b) THSC Works Specifications Subdivisions/ Developments
NOTE: Works on existing public roads or reserves and any land under the care and control of Council must be approved and inspected by Council (including payment of all applicable fees) in accordance with the Roads Act 1993 and/ or the Local Government Act 1993.
i. Heavy Duty Crossings
Heavy duty gutter and footpath crossings at all points of vehicular access.
The footpath crossing shall be a minimum of 6m wide at the boundary splayed to a minimum of 7m wide at the kerb/ road pavement edge.
ii. Splayed Bitumen Shoulder Seal
A splayed bitumen shoulder seal is to be provided between the gutter crossing and the edge of the existing road pavement.
iii. Sealed Driveway Access
A sealed or concrete driveway extending to the car parking area. The driveway must be 6m wide (minimum) for the first 6m within the site.
iv. Site Stormwater Drainage
The additional car parking and roof areas must be collected by pits and pipes and drained to a suitable point of legal discharge. Internal site stormwater drainage is to be provided based on a 1:10 year ARI storm event.
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 6 The detailed site stormwater design and associated OSD system must be prepared generally in accordance with the plans and accompanying information prepared by Eclipse Consulting Engineers Revision B Dated 12/02/2019.”
Condition 27 to be deleted and replaced as follows:
“27. Vegetation Management Plan
A Vegetation Management Plan must be prepared strictly in accordance with Council’s Vegetation Management Plan Guideline (available on Council’s website www.thehills.nsw.gov.au). The Plan must be prepared by a suitably qualified bush regenerator or restoration ecologist with a minimum Certificate IV in Conservation Land Management. The Plan must be submitted to Council’s Manager – Environment and Health for approval prior to issue of a Construction Certificate.
The Vegetation Management Plan must include details relating to:
The rehabilitation and management of native vegetation and threatened species habitat within the whole of the retained bushland on site outside of the Asset Protection Zone.
The wording and erection of signage at key locations.
The location and type of fencing required.”
Condition 28 to be deleted and replaced as follows:
“28. Effluent Treatment & Wastewater System
The applicant shall implement the recommendations outlined in the Ecological Assessment of Effluent Treatment System prepared by Travers Environmental dated 22/9/08 and the Wastewater Assessment: 231 Annangrove, NSW Report by Martens Consulting Engineers dated August 2008, and supplemented by a Wisconsin Mound Design Report prepared by Asset Geotechnical Engineering Pty Ltd dated 16 November 2018.”
(B). That Condition 34A be added under the heading “PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE” as follows:
Condition 34A to be added as follows:
“34A. Clause 94 Building Upgrade
Under clause 94 of the Environmental Planning & Assessment Regulation 2000, the following Building Code of Australia (BCA) works must be undertaken with the Construction Certificate works and must be completed prior to an occupation certificate being issued:
i. The existing building elements exposed to a fire source feature must be reviewed and upgraded to have fire-resistance levels to comply with CP1, CP2 and EP2.2 of the BCA.
ii. The existing building is to be upgraded to ensure the building (including car parking and swimming pool) is accessible in accordance with DP1, DP2, DP8 of the BCA.
iii. The location, number and travel distances to an exit must be upgraded to comply with DP4 and EP2.2 of the BCA.
iv. The dimensions of the existing paths of travel must be upgraded to comply with DP6 and EP2.2 of the BCA.
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 7 v. Electricity meters, electrical distribution boards or ducts in a path of travel to an exit must be protected by non-combustible construction or a fire protective covering, with doorways or openings suitably smoke sealed in accordance with D2.7 of the BCA.
vi. The operation of latches on all existing doors forming part of a required exit or in a path of travel must be upgraded to comply with D2.21 of the BCA.
vii. The existing fire hydrant system must be upgraded to comply with EP1.3 of the BCA.
viii. The existing air handling systems (other than non-ducted individual rooms with a capacity of not more than 1000l/s and miscellaneous exhaust systems) must be provided with automatic shut down in accordance with NSW Table E2.2b of the BCA.
ix. The existing building must be provided with exit signs and directional exit signage in accordance with AS 2293.1-2005 and E4.5, NSW E4.6 & E4.8 of the BCA.
x. The existing building must be provided with emergency lighting in accordance with AS2293.1-2005 and E4.2, E4.4 of the BCA.
xi. The existing building must be provided with suitable facilities (pans, urinals, washbasins and showers) for use by occupants of the building to comply with FP2.1 of the BCA.”
(C). That Condition 42A be added under the heading “PRIOR TO ANY WORKS COMMENCING” as follows:
Condition 42A to be added as follows:
“42A. Trenching and excavation within Tree Protection Zone
Any trenching for installation of drainage, sewerage, irrigation or any other services shall not occur within the Tree Protection Zone of trees identified for retention without supervision of a project arborist. Certification of supervision must be provided to the Certifying Authority within 14 days of completion of trenching works.
Root pruning should be avoided, however where necessary, all cuts shall be clean cuts made with sharp tools such as secateurs, pruners, handsaws, chainsaws or specialised root pruning equipment. Where possible, the roots to be pruned should be located and exposed using minimally destructive techniques such as hand-digging, compressed air or water- jetting, or non-destructive techniques. No roots larger than 40mm diameter to be cut without Arborist advice and supervision. All root pruning must be done in accordance with Section 9 of Australia Standard 4373-2007 Pruning of Amenity Trees.”
(D). That Condition 48 be amended and Condition 48A be added under the heading
“DURING CONSTRUCTION” as follows:
Condition 48 to be deleted and replaced as follows:
“48. Approval to amend an On-site Sewage Management System
An application under Section 68 of the Local Government Act 1993 is to be made to alter a system of sewage management for increased loading associated with the increase in patronage from this amendment. The application shall comply with:
a) Local Government (General) Regulation 2005; and
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 8 b) Appendix 2 – Installation of a Sewage Management Facility of The Hills Shire
Council’s Local Approvals Policy (2016).
Alternatively, provide evidence that the existing system is adequate for the potential maximum patronage resulting from the approval of this amendment.”
Condition 48A to be added as follows:
“48A. Project Arborist
The Project Arborist must be on site to supervise any works in the vicinity of or within the Tree Protection Zone (TPZ) of any trees required to be retained on the site or any adjacent sites.
Supervision of the works shall be certified by the Project Arborist and a copy of such certification shall be submitted to the Private Certifying Authority within 14 days of completion of the works.”
(E). That Conditions 51A, 51B and 51C be added under the heading “PRIOR TO THE ISSUE OF OCCUPATION CERTIFICATE” as follows:
Condition 51A to be added as follows:
“51A. OSD System Certification
The Onsite Stormwater Detention (OSD) system must be completed to the satisfaction of the Principal Certifying Authority (PCA) prior to the issuing of an Occupation Certificate. The following documentation is required to be submitted upon completion of the OSD system and prior to a final inspection:
Works as executed plans prepared on a copy of the approved plans;
A certificate of hydraulic compliance (Form B.11) from a suitably qualified engineer or surveyor verifying that the constructed OSD system will function hydraulically;
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.
Where Council is not the PCA a copy of the above documentation must be submitted to Council.”
Condition 51B to be added as follows:
“51B. Amendment of System of Sewage Management or Certification of Adequacy Prior to the issue of any Occupation Certificate, the on-site sewage management system shall be amended in accordance with an approval issued pursuant to an application made under section 68 of the Local Government Act 1993. Alternatively certification provided as to the adequacy of the system for the additional loading resulting from the expansion of the operation.”
Condition 51C to be added as follows:
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 9
“51C. Final Plan and 88B Instrument
The final plan and Section 88B Instrument must provide for the following:
i. Restriction/Positive Covenant – Vegetation Management Plan
The property must be burdened with a restriction and a positive covenant using the
“Vegetation Management Plan/Restricted Development Area” terms included in the standard recitals.
Council’s standard recitals are available on Council’s website (www.thehills.nsw.gov.au) and must be used.”
REASONS FOR THE DECISION
Section 4.15 (EP&A Act) – Satisfactory.
Section 4.55(2) (EP&A Act) – Satisfactory.
The Hills LEP 2012 – Satisfactory.
SREP No. 20 – Hawkesbury – Nepean River – Satisfactory.
DCP Part B Section 1 – Rural – Satisfactory – see report.
DCP Part C Section 1 – Parking – Satisfactory – see report.
DCP Part C Section 3 – Landscaping – Satisfactory.
HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The development application was notified and six (6) submissions were received, the issues raised were discussed in the report.
ITEM-3 DA 318/2010/JP/F - SECTION 4.55(1A) MODIFICATION TO AN APPROVED WAREHOUSE AND COMMERCIAL DEVELOPMENT, LOT 2 DP 251094, NO. 18-20 MILE END ROAD, ROUSE HILL
PUBLIC NOTIFICATION OF THE DETERMINATION PURSUANT TO ITEM 20(2)(c) AND (d) OF SCHEDULE 1 OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979
DECISION
The application be refused as follows:
1. The proposed modification is inconsistent with Local Environmental Plan 2012 in regard to the aims of the plan in that the proposal will be contrary to the aim ‘To provide for the development of communities that are liveable, vibrant and safe and that have services and facilities that meet their needs’ through the reduction of contributions payable for roadwork projects (Section 4.15 (a) (i) EP and A Act, 1979).
2. The proposed modification is inconsistent with Local Environmental Plan 2012 in regard to the aims of the plan in that the proposed modification will be contrary to the aim ‘To provide for balanced urban growth through efficient and safe transport infrastructure, a range of housing options, and a built environment that is compatible with the cultural and natural heritage of The Hills’ through the reduction of contributions payable for transport infrastructure (Section 4.15 (a)(i) EP and A Act, 1979).
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 10 3. The proposed modification will result in the reduction of facilities and services within the area due to the reduction of contributions payable for public facilities and services, specifically roadworks (Section 4.15 (b) EP and A Act, 1979).
4. The proposed modification is contrary to the public interest Section 4.15 (e) EP and A Act, 1979).
5. Council only has the power to impose a Section 7.11 contribution if it is determined in accordance with the relevant Contributions Plan. It has no discretion to impose a lesser contribution. (Section 7.13 EP and A Act, 1979).
REASONS FOR THE DECISION
Section 4.15 (EP&A Act) – Unsatisfactory.
Section 4.55 (EP&A Act) – Unsatisfactory.
Section 7.11 (EP&A Act) – Unsatisfactory.
LEP 2012 – Unsatisfactory.
HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The development application was notified and no submissions were received.
ITEM-4 DA 1236/2019/ZA - CONCRETE DRIVEWAY AND SERVICE CONDUITS TO PROVIDE ACCESS AND SERVICES TO 48 GREEN ROAD - LOTS 140 AND 142 DP 870865, 14 AND 16 CARLISLE CRESCENT, KELLYVILLE Please Note:
The Chair, Cameron McKenzie, declared a non-pecuniary interest in this matter and left the meeting at 8:37am. The chairing of this item was carried out by Paul Osborne, Manager – Development Assessment.
PUBLIC NOTIFICATION OF THE DETERMINATION PURSUANT TO ITEM 20(2)(C) AND (D) OF SCHEDULE 1 OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979
DECISION
The application be refused as follows:
1. The Development Application has been lodged over land for which owner’s consent has not been provided and is unlikely to be provided within a reasonable timeframe from when this information was requested. Part 6 Division 1 Clause 49 of the Environmental Planning and Assessment Regulation 2000 requires the consent of all owners before an application can be approved.
(Section 4.15(1)(a)(iv) of the Environmental Planning and Assessment Act 1979)
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 11 REASONS FOR THE DECISION
Section 4.15 (EP&A Act) – Unsatisfactory.
The Hills LEP 2012 – Satisfactory.
SEPP No. 55 – Remediation of Land – Satisfactory.
The Hills DCP 2012 – Part 2 Section B – Residential – variation sought.
HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The development application was notified and one submission was received on behalf of two property owners the issues raised were discussed in the report.
END MINUTES
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 12 ITEM-2 DA 821/2018/ZE/C - SECTION 4.55(1A) MODIFICATION TO
A SMALL LOT HOUSING DEVELOPMENT AND
SUBDIVISION CREATING 11 LOTS/ DWELLINGS OVER FOUR STAGES TO AMEND THE DESIGN AND LAYOUT OF THE DWELLINGS ON LOTS 7 AND 8 - LOT 1361 DP 1211084, 10-20 KALINDA AVENUE, BOX HILL
THEME: Valuing our Surroundings
OUTCOME: 5 Well planned and liveable neighbourhoods that meets growth targets and maintains amenity.
STRATEGY:
9.3 Manage new and existing development with a robust framework of policies, plans and processes that is in accordance with community needs and expectations.
MEETING DATE: 21 MAY 2019
DEVELOPMENT ASSESSMENT UNIT
AUTHOR: SENIOR TOWN PLANNER
GANNON CUNEO
RESPONSIBLE OFFICER:
MANAGER – SUBDIVISION AND DEVELOPMENT CERTIFICATION
ANDREW BROOKS
Applicant Champion Homes Sales Pty Ltd Owner Champion Homes Sales Pty Ltd
Consultant/s D-Plan Urban Planning Consultants Pty Ltd Exhibition/ Notification 21 days
Number Advised 23 Number of Submissions Two
Zoning R3 Medium Density Residential
Site Area 3,720m2
List of all relevant s4.55(1A) matters
Section 4.55(1A) (EP&A Act) – Satisfactory LEP 2012 – Satisfactory
DCP 2012 Part D Section 17 – Box Hill North – Satisfactory Political Donation None Disclosed
Reason for Referral to DAU Submissions received to a modification application.
Recommendation Approval subject to conditions
EXECUTIVE SUMMARY
The Section 4.55(1A) is to modify a small lot housing development and subdivision creating 11 residential lots/ dwellings. The modification application seeks retrospective approval to
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 13 amend the design and layout of the dwellings on lots 7 and 8 which are partially constructed.
The development is subject to a Stop Work Order pending the outcome of the subject modification application.
The proposal complies with The Hills Local Environmental Plan 2012 and The Hills Development Control Plan 2012 – Part D Section 17 – Box Hill North.
The modification application was notified to surrounding properties and two submissions were received. The issues raised primarily relate to the potential use of the dwellings as display homes, noting that a previous modification application was lodged and subsequently withdrawn for this purpose. These concerns are addressed in the report and were clarified with the objectors during the assessment of the application. The submissions do not warrant amendment or refusal of the development application.
The application is recommended for approval subject to recommended conditions.
BACKGROUND
01/02/2018 Parent application approved.
07/05/2018 Modification application DA 821/2018/ZE/A approved to amend dwelling design and introduce four stages.
19/11/2018 Modification application DA 821/2018/ZE/B withdrawn. This modification sought consent for use of the two dwellings as display homes. This application was withdrawn due to the change of use component not being considered substantially the same as originally approved.
15/03/2019 Stop Work Order issued by Council after investigation revealed that works carried were inconsistent with the plans approved with the Development Consent (as modified). It was also noted that the Construction Certificate plans issued by the Accredited Certifier did not reflect the approved development plans. The Accredited Certifier indicated the Construction Certificate plans were issued in error.
25/03/2019 Subject modification application lodged to address concerns raised in the Stop Work Order.
PROPOSAL
The Section 4.55(1A) modification application seeks to amend the design and layout of the dwellings on lots 7 and 8. The proposed amendments to the dwellings are:
Changes to windows on ground floor;
Internal layout modifications on ground floor;
Increase in the height of each dwelling by 75mm;
External modifications to include an outdoor living area for the dwelling on Lot 7.
The proposal will not result in any additional dwelling/ lot entitlements and will not increase the footprint of the built form. Importantly, the proposal does not include the use of either for anything other than a dwelling house.
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 14 Note that the subject modification application as originally lodged included plans that made reference to use of the dwellings as display homes. These references have since been removed and the applicant has confirmed the dwellings will not be used for display purposes.
ISSUES FOR CONSIDERATION
1. Compliance with The Hills Local Environmental Plan 2012 (i) Permissibility
The land is zoned R3 Medium Density Residential under The Hills Local Environmental Plan 2012 (LEP). The proposed development is defined as ‘subdivision’ and ‘dwelling houses’.
Subdivision is permissible with consent under Clause 2.6 of the LEP.
Dwelling house is a form of residential accommodation which is permissible with consent in the R3 zone as identified in the Land Use Table of the LEP.
(ii) Zone Objectives
The objectives of the R3 zone are:
To provide for the housing needs of the community within a medium density residential environment.
To provide a variety of housing types within a medium density residential environment.
To enable other land uses that provide facilities or services to meet the day to day needs of residents.
To encourage medium density residential development in locations that are close to population centres and public transport routes.
The proposed small lot housing development provides for the housing needs of the community within a medium density residential environment within close proximity to services, facilities and local and regional open space. The proposed built form is consistent with the desired future character of the locality and will not detract from the amenity of existing and future nearby residents or the existing quality of the environment. The proposal is consistent with the objectives of the R3 zone.
(iii) Development Standards
The following addresses the principal development standards of the LEP relevant to the subject proposal:
Clause 2.6 Subdivision – consent requirements
Clause 2.6 of the LEP requires that development consent be sought for subdivision of land to which this clause applies. The application seeks consent for subdivision and therefore complies with this requirement of the LEP.
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 15 Clause 4.1 Minimum subdivision lot size
The subject site is located on land identified on the Lot Size Map under Clause 4.1 of the LEP. In accordance with the requirements of Clause 4.1, the size of any lot resulting from a subdivision of land is not to be less than the minimum size shown on the Lot Size Map. The minimum size shown on the Lot Size Map for the subject site is 450m2. The approved development provides for residential lots that vary in size from 309m2 to 420m2 which does not comply with the minimum lot size.
Clause 4.1B of the LEP relates to exceptions to the above standards relating to lots on R3 zoned land and states:
1) The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.
2) This clause applies to development on land in the following zones:
a) Zone R3 Medium Density Residential, b) Zone R4 High Density Residential.
3) Development consent may be granted to a single development application for development to which this clause applies that is both of the following:
a) the subdivision of land into 3 or more lots,
b) the erection of an attached dwelling or a dwelling house on each lot resulting from the subdivision, if the size of each lot is equal to or greater than:
i) for the erection of a dwelling house—240 square metres, or ii) for the erection of an attached dwelling—240 square metres”.
The proposal is for the subdivision of the land into 11 residential lots greater than 240m2 and the erection of a dwelling house on each lot. The proposal complies with the requirements of Clause 4.1B.
Based on the proposed lot sizes identified above, the application has demonstrated compliance with the requirements of Clause 4.1 of the LEP.
Clause 4.3 Height of buildings
Clause 4.3 of the LEP establishes that the height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. The maximum height of any building on the subject site as shown on the Height of Buildings Map is not to exceed 10 metres. The proposal provides for dwelling houses with a maximum height of 7.7 metres which complies with this control.
2. Compliance with The Hills Development Control Plan 2012
The proposal has been assessed against the provisions of The Hills Development Control Plan 2012 (DCP), particularly Part D Section 17 – Box Hill North. There are no specific controls for dwelling included in this part of the DCP. They are instead contained in the built form Design Guidelines approved under the Box Hill North masterplan consent DA 1397/2015/JP.
The proposal complies with relevant sections of the DCP and masterplan Design Guidelines.
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 16 3. Issues Raised in Submissions
The modification application was notified to surrounding properties 21 days and two submissions were received. The issue raised in the submissions is discussed in the table below.
ISSUE/OBJECTION COMMENT OUTCOME
Use of the development as a display home
The proposal is to modify the approved development to amend the design and layout of dwellings proposed on lot 7 and 8.
All references to display homes have been deleted from the plans and there is no change of use proposed with the subject application.
Issue addressed.
4. Internal Referrals
The application was referred to following sections of Council:
Certification/ Building Tree Management
No objection was raised to the proposal (as amended) subject to conditions. Relevant comments have also provided below.
CONCLUSION
The Development Application has been assessed against the relevant matters to be considered under Section 4.15(1A) 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.
The issue raised in the submissions has been addressed in the report and does not warrant refusal of the application.
The modification application is considered to be substantially the same as the current approval. The amendments are minor, unlikely to be perceived when viewed externally with little, if any impact on surrounding properties.
Approval is recommended subject to conditions.
IMPACTS Financial
This matter has no direct financial impact upon Council's adopted budget or forward estimates.
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 17 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
Approval is recommended subject to the following condition of consent being amended.
GENERAL MATTERS
CONDITION 1 IS AMENDED TO:
1. Approved Amended Plans
The development must be carried out in accordance with the approved plans and other supporting documentation listed below, except where amended by other conditions of consent:
Drawing: Description: Prepared: Sheets: Revision: Date:
298988 Subdivision Plans (Stages 1-4)
Donovan Associates
- - 18/04/2018
- Architectural
& Site Plans – Lots 1-6, 11 & 12
Champion Homes
(18 Sheets) F 12/12/2017
- Floor Plans &
Sections – Lots 1-6, 10
& 11
Champion Homes
(18 Sheets) F 12/12/2017
54.17/169 B to
54.17/180 B
Landscape Plans – Lots 1-6, 10, 11
iScape Landscape Architecture
- B 10/07/2017
3901N Lots 7 and 9 Architectural
& Site Plans
Champion Homes
1-3, 6-7 of 9 (Lot 7)
1, 6, 7 of 10 (Lot 9)
J
B
18/03/2019 (Lot 7) 22/03/2018 (Lot 9) 3901N Lots 7 and 9
Floor Plans &
Sections
Champion Homes
4, 5, 8 of 9 (Lot 7)
5, 8 of 10 (Lots 8 & 9)
J
B
18/03/2019 (Lot 7) 22/03/2018 (Lot 9)
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 18
3900N Lot 8
Architectural
& Site Plans
Champion Homes
1-3, 5-7 of 9 I 18/03/2019
3900N Lot 8 Floor Plans &
Sections
Champion Homes
4 and 8 of 9 I 18/03/2019
34.18/077 36.18/079 37.18/085
Landscape Plans – Lots 7-9
iScape Landscape Architecture
- - March 2018
Where a Construction Certificate is required, no work is to be undertaken before it has been issued.
Lots 11 and 12 under the original consent (821/2018/ZE) are now known/ approved as Lots 10 and 11 respectively. The architectural and landscape plans for these two lots are not amended under this consent except to correct the reference to the new lot numbers noted above.
ATTACHMENTS 1. Locality Plan 2. Aerial Photograph 3. LEP Zoning Map
4. LEP Minimum Lot Size Map
5. LEP Maximum Building Height Map 6. Proposed Amended Plans (Lot 7) 7. Proposed Amended Plans (Lot 8)
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 19 ATTACHMENT 1 – LOCALITY PLAN
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 20 ATTACHMENT 2 – AERIAL PHOTOGRAPH
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 21 ATTACHMENT 3 – LEP ZONING MAP
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 22 ATTACHMENT 4 – LEP MINIMUM LOT SIZE MAP
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 23 ATTACHMENT 5 – LEP MAXIMUM BUILDING HEIGHT MAP
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 24 ATTACHMENT 6 – PROPOSED AMENDED PLANS (LOT 7)
DEVELOPMENT ASSESSMENT UNIT MEETING 21 MAY, 2019
PAGE 25 ATTACHMENT 7 – PROPOSED AMENDED PLANS (LOT 8)