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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 22 January 2019

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 22 JANUARY, 2019

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 621/2019/LA - ALTERATIONS & ADDITIONS TO AN EXISTING DWELLING - LOT 4 DP 247242, 2684 OLD NORTHERN ROAD, GLENORIE

6

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 3 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 18 DECEMBER 2018

PRESENT

Cameron McKenzie Group Manager – Development & Compliance (Chair) Paul Osborne Manager – Development Assessment

Andrew Brooks Manager – Subdivision & Development Certification Angelo Berios Manager – Environment & Health

Craig Woods Manager – Regulatory Services

Megan Munari Principal Co-ordinator – Forward Planning Kristine McKenzie Principal Executive Planner

APOLOGIES

Stewart Seale Manager – Forward Planning TIME OF COMMENCEMENT

8:30am

TIME OF COMPLETION 8:52am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 11 December 2018 be confirmed.

ITEM-2 DA 365/2019/HA - DETACHED SECONDARY DWELLING UNDER SEPP AFFORDABLE RENTAL HOUSING 2009 - LOT 401 DP 242751, 49 PEEL ROAD, BAULKHAM HILLS 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 development application be approved subject to conditions as set out in the report with an additional condition as follows:

DURING CONSTRUCTION

Trenching within Tree Protection Zone

Any trenching for installation of footings, stormwater drainage, sewerage or any other services shall not occur within the Tree Protection Zone of Tree 1 located on the neighbouring property and/or trees identified for retention. Any trenching works are to be undertaken under the supervision of a project arborist. Certification from a project arborist (minimum AQF Level 5) who has supervised the works must be provided to the Certifying Authority within 14 days of completion of trenching works.

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 4 REASONS FOR THE DECISION

1. Section 4.15 (EP&A Act) – Satisfactory.

2. LEP 2012 – Satisfactory.

3. SEPP (Affordable Rental Housing) 2009 – Satisfactory.

4. DCP Part B Section 2 Residential – Variation, see report.

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The development application was notified and three (3) submissions were received.

ITEM-3 DA 1617/2018/ZE - SMALL LOT HOUSING

DEVELOPMENT AND SUBDIVISION CREATING 26 RESIDENTIAL LOTS/ DWELLINGS, ONE RESIDUE LOT AND ONE ROAD WIDENING LOT INCLUDING NEW ROAD AND DEMOLITION OVER TWO STAGES - RMB 73 - 75 WINDSOR ROAD, NORWEST

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 development application be approved subject to conditions as set out in the report.

REASONS FOR THE DECISION

1. Section 4.15 (EP&A Act) – Satisfactory.

2. The Hills LEP 2012 – Satisfactory.

3. State Environmental Planning Policy No. 55 – Remediation of Land – Satisfactory.

4. DCP Part D Section 5 ‘Balmoral Road Release Area’ – Variation proposed, see report.

5. DCP Part D Section 7 ‘Kellyville Rouse Hill Release Area’ – Variation proposed, see report.

6. Section 7.11 Contribution $1,000.00 (Recommended condition No. 29).

7. State Infrastructure Contribution – (Recommended condition No. 30).

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The development application was notified and two (2) submissions were received.

ITEM-4 DA 1786/2018/HA - USE OF AN EXISTING DWELLING FOR HEALTH CONSULTING ROOMS - 58 OLD CASTLE HILL ROAD CASTLE HILL

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

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 5 DECISION

The development application be approved subject to conditions as set out in the report with an additional condition as follows:

THE USE OF THE SITE

47. Restriction of Number of Consulting Healthcare Professionals and Patients

There shall be a maximum of no more three (3) healthcare professionals and two (2) patients on the site at any one time.

REASONS FOR THE DECISION

1. Section 4.15 (EP&A Act) – Satisfactory.

2. The Hills LEP 2012 – Satisfactory.

3. Part B Section 2 – Residential – Satisfactory.

4. Part C Section 1 – Parking – Variation.

5. Part C Section 3 – Landscaping – Variation.

6. Part C Section 2 – Signage – Satisfactory.

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The development application was notified and three (3) submissions were received.

END MINUTES

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 6 ITEM-2 DA 621/2019/LA - ALTERATIONS & ADDITIONS TO AN EXISTING DWELLING - LOT 4 DP 247242, 2684 OLD NORTHERN ROAD, GLENORIE

THEME: Balanced Urban Growth

OUTCOME:

7 Responsible planning facilitates a desirable living environment and meets growth targets.

STRATEGY:

7.2 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: 22 JANUARY 2019

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: TOWN PLANNER

HARRISON DEPCZYNSKI

RESPONSIBLE OFFICER: MANAGER – DEVELOPMENT ASSESSENT PAUL OSBORNE

Applicant Homeplan Architects

Owner S Bell

Notification 21 days

Number Advised 14

Number of Submissions 1

Zoning RU2 Rural Landscape

Site Area 13.06 ha

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

Section 4.15 (EP&A Act) – Satisfactory.

The Hills LEP 2012 – Satisfactory.

SEPP BASIX 2004 – Satisfactory.

State Environmental Planning Policy No 55—Remediation of Land – Satisfactory.

SREP No 20—Hawkesbury-Nepean River (No 2—1997) – Satisfactory.

DCP Part B Section 1 – Rural – Variation, see report.

Section 7.12 Contribution: $3,520.00 Political Donation None Disclosed

Reason for Referral to DAU 1. Variation to DCP 2. Submissions received.

Recommendation Approval subject to conditions.

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 7 EXECUTIVE SUMMARY

The Development Application is for alterations and additions to the existing dwelling. The alterations and additions will provide for a new bedroom wing to the rear of the existing dwelling, new family and outdoor living areas and a garage for undercover car parking.

New construction will be subject to a Bushfire Attack Level (BAL) rating of 12.5 in accordance with AS 3959-2009 and the existing dwelling subject to ember proofing upgrades. Four trees within the new development footprint are also proposed to be removed.

The proposed development includes a variation to the side setback where the Rural DCP specifies a minimum of 5m. The proposed garage results in a point encroachment down to 3m from the side boundary to the neighbouring property at 2682 Old Northern Road. This setback is acceptable because it is adjacent to a 10 metre wide access handle and the reduced setback creates no privacy issues and no unacceptable visual issues.

The application was notified and one submission was received. The issues raised primarily relate to the proposed construction materials; and the triple garage and its potential effects on access for the neighbouring property in the event of a bush fire. These issues do not warrant refusal of the application.

The application is recommended for approval subject to conditions.

BACKGROUND

The subject Development Application was lodged 17 October 2018. The proposal was notified for 21 days and one submission was received.

PROPOSAL

The Development Application is for alterations and additions to the existing dwelling. Internal alterations include the removal of internal walls to create a new large open family/dining area. The proposed works include:

• 4 new bedrooms (including master bedroom w/ ensuite and walk-in-robe)

• Bathroom

• Laundry

• Unenclosed verandas

• Triple Garage

ISSUES FOR CONSIDERATION

1. Compliance with The Hills Local Environmental Plan 2012 (i) Permissibility

The land is zoned RU2 Rural Landscape under The Hills Local Environmental Plan 2012.

The proposed development involves alterations and additions to the existing dwelling house.

Dwelling houses are permitted with consent in the RU2 Rural Landscape Zone.

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 8 (ii) Compliance with The Hills LEP 2012 – Zone Objectives

RU2 Rural Landscape Zone Objectives

 To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

 To maintain the rural landscape character of the land.

 To provide for a range of compatible land uses, including extensive agriculture.

 To encourage innovative and sustainable tourist development, sustainable agriculture and the provision of farm produce directly to the public.

The proposal is considered to be consistent with the stated objectives of the zone, in that the proposal will allow for the expansion of the existing dwelling house to accommodate the needs of the owners. The proposal is considered to maintain the rural landscape character of the land facilitating the existing compatible land use – rural residential living.

(iii) The Hills LEP 2012 - Development Standards

The following addresses the principal development standards of the LEP relevant to the subject proposal:

CLAUSE REQUIRED PROVIDED COMPLIES

4.3 – Height of Buildings

Maximum 10m 6.81m Yes

2. Compliance with The Hills Development Control Plan

The proposal has been assessed against the provisions of The Hills Development Control Plan (THDCP) particularly; Part B Section 1 – Rural.

The proposed development achieves compliance with the relevant requirements of the above Development Controls with the exception of the following:

DEVELOPMENT CONTROL

DCP

REQUIREMENTS

PROPOSED DEVELOPMENT

COMPLIANCE

Minimum Side

Setback

5m Southern Side Setback

to Garage: 3m

No

a) Minimum Side Setback

The DCP requires that side setbacks are a minimum of 5m from the property boundary.

The relevant objectives of this clause of the DCP are:

 The scale, siting and visual appearance of new development maintains the open rural feel of the landscape and preserves scenic and environmental qualities of the area.

 The location of new rural/ residential development is to have regard to the potential impacts arising from existing adjacent rural business activities.

The applicant has provided the following justification for the variation:

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 9 The proposal includes a 3m setback to the south side boundary from the garage. The south side boundary is adjacent to a 10.23m wide access handle to a rear lot. So, while the proposed new garage is close to the boundary, it will not be close to any other buildings as the handle portion of Lot 5 is only used for a driveway. Existing landscaping/shrubs are also to be retained adjacent to the new garage to maximise privacy and visual screening. The garage wall adjacent to boundary is a blank end wall, without any windows which could compromise privacy.

The proposal complies with the spirit of Council’s Development Controls. Overall, this proposal poses no adverse impact to the streetscape or neighbouring houses.

Comment:

The proposed garage features a point encroachment into the 5 metre side setback of up to 3 metres at the closest point (refer below). There boundary currently contains screen vegetation and further screen vegetation is proposed as part of the application (refer below).

The proposed garage is adjacent to a 193m long access driveway for the neighbouring property and not in proximity to any buildings reducing the potential for impacts on neighbouring amenity. In regards to the objectives of the setback control; the scale, siting and visual appearance of the development is considered to maintain the open rural feel of the landscape with additional vegetation screening proposed to lessen the visual impact of the garage encroachment into the side setback. The alterations and additions are sited in relation to the existing dwelling which is not considered to be impacted by or impact on any existing adjacent rural business activities or dwellings.

Given the above considerations and the proposal’s consistency with the control objectives, the proposed variation is considered acceptable on merit.

Garage Location with Proposed Screen Planting

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 10 Existing Vegetation along Side Boundary

Garage Location in relation to Neighbouring Property 3. Issues Raised in Submissions

The proposal was notified for 21 days. In response one submission was received. The issues raised in the submission are summarised below:

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 11

ISSUE/OBJECTION COMMENT

To propose that a fibro and tin roofed shed extension which then would be within 2.3m of our driveway is absolutely without any question completely out of keeping with the originality of the home.

The development application is not in harmony with the original homestead and is totally contradictory in proposed structural material to that of the homestead.

The proposed garage was amended to be set back 3m from the boundary. The main wall construction of the proposed additions is “Dulux Curd” cream weatherboard cladding as shown on the architectural plans. It is noted the existing dwelling is of sandstone construction.

The proposed Colorbond roofing for the additions is of a “Surfmist” White finish similar to that of the existing dwelling.

The existing dwelling is not listed in The Hills Local Environmental Plan 2012 as of local or state heritage significance whereby it would be subject to the relevant heritage protections.

The proposed materials and finishes of the additions do not warrant modification or refusal of the application.

The garage addition would create a potential fire hazard with respect to the neighbouring access driveway which is the only emergency exit from the property.

The proposed garage would potentially cause blockage to the driveway exit should that home be engulfed in flames by way of bushfires.

The proposal was subject to a bush fire risk assessment in accordance with Planning for Bush Fire Protection 2006 and AS 3959-2009.

New construction will be subject to a Bushfire Attack Level (BAL) rating of 12.5 in accordance with AS 3959-2009 and the existing dwelling is subject to ember proofing upgrades as reflected in recommended condition 7. A 20,000 litre rainwater tank is proposed as a static water supply to be utilised in the event of a bush fire.

The NSW Rural Fire Service was also consulted in the assessment process with respect to access concerns on the neighbouring property. Planning for Bush Fire Protection 2006 and AS 3959-2009 do not specify any further considerations or requirements with respect to the access concerns raised.

5. Internal Referrals

The application was referred to following sections of Council:

 Environmental Health

 Forward Planning (Development Contributions)

No objection was raised to the proposal (as amended) subject to conditions. Relevant comments have also provided below:

It is noted that the additions to the dwelling results in a net increase of 3 bedrooms.

Therefore the existing wastewater system will need to be amended. A condition has been recommended prior to issue of Construction Certificate for the lodgement of application under Section 68 of the Local Government Act 1993 to install or alter the system of sewage management.

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 12 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, The Hills Local Environmental Plan 2012 and The Hills Development Control Plan 2012 and is considered satisfactory.

The issues raised in the submission 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.

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

The Development Application be approved subject to the following conditions of consent.

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 SHEET REVISION DATE

38901 Site Plan - A November

2018

38903 Floor Plan - A November

2018

38904 Elevations – East & West - A November

2018

38905 Elevations – North & South - A November

2018

38908 Sections - A November

2018

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 13 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.

2. External Finishes

External finishes and colours shall be in accordance with the details submitted with the development application and approved with this consent.

3. Minor Engineering Works

The design and construction of the engineering works listed below must be provided for in accordance with Council’s Design Guidelines Subdivisions/ Developments and Works Specifications Subdivisions/ Developments.

a) Stormwater Drainage – Rural

Stormwater runoff from the dwelling is to be dispersed over the rear of the site via a level spreader/ absorption trench or similar, in lieu of a formal legal point of stormwater discharge via a piped connection/ outlet to a natural watercourse.

4. Construction Certificate

Prior to construction of the approved development, it is necessary to obtain a Construction Certificate. A Construction Certificate may be issued by Council or an Accredited Certifier.

Plans submitted with the Construction Certificate are to be amended to incorporate the conditions of the Development Consent.

5. Roof Sheeting

Metal roof sheeting to be pre-colour coated in accordance with the details submitted with the development application and approved with this consent.

6. Building Work to be in Accordance with BCA

All building work must be carried out in accordance with the provisions of the Building Code of Australia.

7. Bushfire Requirements - BAL 12.5 – Rural i) Asset Protection Zones

At the commencement of building works and in perpetuity the property around the building to a distance of 30 metres, shall be maintained as an Inner Protection Area (IPA) and 60 metres shall be maintained as an Outer Protection Area (OPA) as outlined below:

The Inner Protection Area shall comprise of the following:

● minimal fine fuel at ground level;

● vegetation that does not provide a continuous path to building/s for the transfer of fire;

● shrubs and trees that do not form a continuous canopy and vegetation is planted/cleared into clumps rather than continuous rows;

● species that retain dead material or deposit excessive quantities of ground fuel are avoided;

● shrubs and trees are pruned or removed so they do not touch or overhang the building/s; and

● vegetation is located far enough away from the building/s so that plants will not ignite the building/s by direct flame contact or radiant heat emission.

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 14 The Outer Protection Area shall comprise of the following:

 vegetation that does not provide a continuous path for the transfer of fire (management of fuel loadings below 8 tonnes per hectare); and

 retention of established trees to trap embers and reduce wind speeds.

To allow for emergency service personnel and residents to undertake property protection activities, a defendable space that permits unobstructed pedestrian access is to be provided around the building.

ii) Water and Utilities

a) Water, electricity and gas are to comply with section 4.1.3 of Planning for Bush Fire Protection 2006.

b) A minimum 20,000 litre Static Water Supply shall be provided for firefighting purposes. It is to be located in close proximity to the dwelling. The Static Water Supply shall comply with the following requirements of section 4.1.3 of Planning for Bushfire Protection 2006:

● The static water supply shall be a water tank.

● Above ground tanks are to be manufactured of concrete or metal and raised tanks must have their stands protected. Tanks on the hazard side of a building are to provide adequate shielding for the protection of fire fighters.

● Underground tanks have an access hole of 200mm to allow tankers to refill direct from the tank. A hardened ground surface for truck access is to be supplied within 4 metres of the access hole.

● A suitable connection for firefighting purposes (65mm storz outlet with gate or ball valve) is made available on the tank or within the IPA.

● All plumbing associated with the water supply (fittings, taps, outlets, pipes) shall be metal.

A minimum 5hp/3kW petrol or diesel powered pump shall be made available and shielded from potential bushfire threat. Connection of the tank outlet to the pump may require a 65mm to 38mm reducer storz fitting.

A hose with a diameter not less than 19mm, fire-fighting nozzle and fittings suitable for connection to the pump, shall be provided. The hose shall be capable of reaching all elevations of the dwelling.

A SWS marker shall be obtained from the local NSW Rural Fire Service Fire Control Centre or NSW Fire Brigade Station once the SWS has been installed. The marker once issued is to be placed at the front of the property either:

a) On the front fence – facing the road; OR b) On the letterbox – facing the road.

iii) Design and Construction

a) New construction shall comply with section 3 and section 5 (BAL 12.5) Australian Standard AS3959-2009 ''Construction of buildings in bush fire-prone areas'' and section A3.7 Addendum Appendix 3 of ''Planning for Bush fire Protection''.

b) The existing building is required to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen mesh with a maximum aperture of 2mm.

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 15 Where applicable, this includes any sub floor areas, openable windows, vents, weep holes and eaves. External doors are to be fitted with draft excluders.

c) All proposed Class 10 buildings attached to or within 10 metres of the habitable building shall comply with section 5 (BAL 12.5) Australian Standard AS3959-2009 ''Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of ''Planning for Bush Fire Protection''.

d) Where fitted, leaf protection to stop the accumulation of debris to new roofing valleys and guttering shall be non-combustible.

iv) Landscaping

Landscaping to the site is to comply with the principles of Appendix 5 of Planning for Bush Fire Protection 2006. In this regard the following landscaping principles are to be incorporated into the development:

● Grassed areas/mowed lawns/ or ground cover plantings being provided in close proximity to the building;

● Restrict planting in the immediate vicinity of the building which may over time and if not properly maintained come in contact with the building;

● Planting should not provide a continuous canopy to the building (i.e. trees or shrubs should be isolated or located in small clusters);

● When considering landscape species, consideration needs to be given to estimated size of the plant at maturity;

● Avoid species with rough fibrous bark or which retain/shed bark in long strips or retain dead material in their canopies;

● Use smooth bark species of trees species which generally do not carry a fire up the bark into the crown;

● Avoid planting of deciduous species that may increase fuel at surface/ ground level (i.e. leaf litter);

● Avoid climbing species to walls and pergolas;

● Locate combustible materials such as woodchips/mulch, flammable fuel stores away from the building;

● Use of low flammability vegetation species.

8. Adherence to Waste Management Plan

All requirements of the Waste Management Plan submitted as part of the Development Application must be implemented except where contrary to other conditions of consent. The information submitted can change provided that the same or a greater level of reuse and recycling is achieved as detailed in the plan. Any material moved offsite is to be transported in accordance with the requirements of the Protection of the Environment Operations Act 1997 and only to a place that can lawfully be used as a waste facility. Receipts of all waste/recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them.

Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square metres or more of asbestos sheeting) must provide information to the NSW EPA regarding the movement of waste using their WasteLocate online reporting tool www.wastelocate.epa.nsw.gov.au.

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 16 9. Management of Construction and/or Demolition Waste

Waste materials must be appropriately stored and secured within a designated waste area onsite at all times, prior to its reuse onsite or being sent offsite. This includes waste materials such as paper and containers which must not litter the site or leave the site onto neighbouring public or private property. A separate dedicated bin must be provided onsite by the builder for the disposal of waste materials such as paper, containers and food scraps generated by all workers. Building waste containers are not permitted to be placed on public property at any time unless a separate application is approved by Council to locate a building waste container in a public place.

Any material moved offsite is to be transported in accordance with the requirements of the Protection of the Environment Operations Act 1997 and only to a place that can lawfully be used as a waste facility. The separation and recycling of the following waste materials is required: metals, timber, masonry products and clean waste plasterboard. This can be achieved by source separation onsite, that is, a bin for metal waste, a bin for timber, a bin for bricks and so on. Alternatively, mixed waste may be stored in one or more bins and sent to a waste contractor or transfer/sorting station that will sort the waste on their premises for recycling. Receipts of all waste/recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them.

Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square metres or more of asbestos sheeting) must provide information to the NSW EPA regarding the movement of waste using their WasteLocate online reporting tool www.wastelocate.epa.nsw.gov.au.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

10. Application to Install/Amend a system of Sewage Management

Prior to the issue of any Construction Certificate, an application under Section 68 of the Local Government Act 1993 is to be made to install or alter a system of sewage management. The application shall comply with:

a) Local Government (General) Regulation 2005; and

b) Appendix 2 – Installation of a Sewage Management Facility of The Hills Shire Council’s Local Approvals Policy (2016).

11. Section 7.12 Contribution

Pursuant to section 4.17 (1) of the Environmental Planning and Assessment Act 1979, and The Hills Section 7.12 Contributions Plan, a contribution of $3,520.00 shall be paid to Council. This amount is to be adjusted at the time of the actual payment in accordance with the provisions of the Hills Section 7.12 Contributions Plan.

The contribution is to be paid prior to the issue of the Construction Certificate.

You are advised that the maximum percentage of the levy for development under section 7.12 of the Act having a proposed construction cost is within the range specified in the table below;

Proposed cost of the development Maximum percentage of the levy

Up to $100,000 Nil

$100,001 - $200,000 0.5 %

More than $200,000 1%

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 17 PRIOR TO WORK COMMENCING ON THE SITE

12. Sydney Water Building Plan Approval

A building plan approval must be obtained from Sydney Water Tap in™ to ensure that the approved development will not impact Sydney Water infrastructure.

A copy of the building plan approval and receipt from Sydney Water Tap in™ (if not already provided) must be submitted to the Principal Certifying Authority upon request prior to works commencing.

Please refer to the website http://www.sydneywater.com.au/tapin/index.htm, Sydney Water Tap in™, or telephone 13 20 92.

13. Consultation with Service Authorities

Applicants are advised to consult with Telstra, NBN Co and Australia Post regarding the installation of telephone conduits, broadband connections and letterboxes as required.

Unimpeded access must be available to the electricity supply authority, during and after building, to the electricity meters and metering equipment.

14. Principal Certifying Authority

A sign is to be erected in accordance with Clause 98 A (2) of the Environmental Planning and Assessment Regulations 2000.

15. Approved Temporary Closet

An approved temporary closet connected to the sewers of Sydney Water, or alternatively an approved chemical closet is to be provided on the land, prior to building operations being commenced.

16. Erosion and Sedimentation Controls

Erosion and sedimentation controls shall be in place prior to the commencement of site works; and maintained throughout construction activities until the site is landscaped and/or suitably revegetated. The controls shall be in accordance with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

17. Stabilised Access Point

A stabilised all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised. The controls shall be in accordance with the requirements with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

18. Builder and PCA Details Required

Notification in writing of the builder’s name, address, telephone and fax numbers to be submitted to the Principal Certifying Authority prior to work commencing.

Two days before work commences, Council shall be notified of the Principal Certifying Authority in accordance with the Regulations.

19. Notification of Asbestos Removal

Prior to commencement of any demolition works involving asbestos containing materials, all adjoining neighbours and Council must be given a minimum five days written notification of the works.

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 18 20. Erosion and Sedimentation Controls

Erosion and sedimentation controls shall be in place prior to the commencement of site works and maintained throughout construction activities, until the site is landscaped and/or suitably revegetated. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction (Blue Book) produced by the NSW Department of Housing.

This will include, but not be limited to a stabilised access point and appropriately locating stockpiles of topsoil, sand, aggregate or other material capable of being moved by water being stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

21. Demolition Works and Asbestos Management

The demolition of any structure is to be carried out in accordance with the Work Health and Safety Act 2011. All vehicles transporting demolition materials offsite are to have covered loads and are not to track any soil or waste materials on the road. Should demolition works obstruct or inconvenience pedestrian or vehicular traffic on adjoining public road or reserve, a separate application is to be made to Council to enclose the public place with a hoard or fence. All demolition works involving the removal and disposal of asbestos must only be undertaken by a licenced asbestos removalist who is licenced to carry out the work.

Asbestos removal must be carried out in accordance with the SafeWork NSW, Environment Protection Authority and Office of Environment and Heritage requirements. Asbestos to be disposed of must only be transported to waste facilities licenced to accept asbestos. No asbestos products are to be reused on the site.

DURING CONSTRUCTION 22. Hours of Work

Work on the project to be limited to the following hours: - Monday to Saturday - 7.00am to 5.00pm;

No work to be carried out on Sunday or Public Holidays.

The builder/contractor shall be responsible to instruct and control sub-contractors regarding the hours of work.

23. Survey Report and Site Sketch

A survey report and site sketch signed and dated (including contact details) by the registered land surveyor may be requested by the Principal Certifying Authority during construction.

The survey shall confirm the location of the building/structure in relation to all boundaries and/or levels. As of September 2018 the validity of surveys has been restricted by legislation to 2 years after issue.

24. Compliance with BASIX Certificate

Under clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a condition of this Development Consent that all commitments listed in BASIX Certificate No.

A328474 is to be complied with. Any subsequent version of this BASIX Certificate will supersede all previous versions of the certificate. A Section 4.55 Application may be required should the subsequent version of this BASIX Certificate necessitate design changes to the development. However, a Section 4.55 Application will be required for a BASIX Certificate with a new number.

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PAGE 19 25. Compliance with Critical Stage Inspections and Inspections Nominated by the PCA

Section 6.5 of the Environmental Planning and Assessment Act 1979 requires critical stage inspections to be carried out for building work as prescribed by Clause 162A of the Environmental Planning and Assessment Regulation 2000. Prior to allowing building works to commence the PCA must give notice of these inspections pursuant to Clause 103A of the Environmental Planning and Assessment Regulation 2000.

An Occupation Certificate cannot be issued and the building may not be able to be used or occupied where any mandatory critical stage inspection or other inspection required by the PCA is not carried out. Inspections can only be carried out by the PCA unless agreed to by the PCA beforehand and subject to that person being an accredited certifier.

26. Roof Water Drainage

Gutter and downpipe and/or rainwater tank overflow, to be provided and connected to an approved lawful discharge point (ie. kerb, inter-allotment drainage easement or OSD) upon installation of roof coverings.

27. Asbestos Removal

Asbestos containing material, whether bonded or friable, shall be removed by a licenced asbestos removalist. A signed contract between the removalist and the person having the benefit of the development application is to be provided to the Principle Certifying Authority, identifying the quantity and type of asbestos being removed. Details of the landfill site that may lawfully receive the asbestos is to be included in the contract.

Once the materials have been removed and delivered to the landfill site, receipts verifying the quantity received by the site are to be provided to the Principle Certifying Authority.

Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square metres or more of asbestos sheeting) must provide information to the NSW EPA regarding the movement of waste using their WasteLocate online reporting tool www.wastelocate.epa.nsw.gov.au.

28. Dust Control

The emission of dust must be controlled to minimise nuisance to the occupants of the surrounding premises. In the absence of any alternative measures, the following measures must be taken to control the emission of dust:

 Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the construction work;

 All dusty surfaces must be wet down and suppressed by means of a fine water spray. Water used for dust suppression must not cause water pollution; and

 All stockpiles of materials that are likely to generate dust must be kept damp or covered.

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE 29. Completion of Engineering Works

An Occupation Certificate must not be issued prior to the completion of all engineering works covered by this consent, in accordance with this consent.

30. Installation/Amendment of System of Sewage Management

Prior to the issue of any Occupation Certificate, the on-site sewage management system shall be installed or amended in accordance with an approval issued pursuant to an application made under section 68 of the Local Government Act 1993.

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 20 ATTACHMENTS

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

4. Elevations 5. Sections

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 21 ATTACHMENT 1 – LOCALITY PLAN

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 22 ATTACHMENT 2 – AERIAL PHOTOGRAPH

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 23 ATTACHMENT 3 – SITE PLAN

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 24 ATTACHMENT 4 – ELEVATIONS

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 25

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DEVELOPMENT ASSESSMENT UNIT MEETING 22 JANUARY, 2019

PAGE 26 ATTACHMENT 5 – SECTIONS

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