ASSESSMENT UNIT

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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 01 May 2018

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 01 MAY, 2018

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 668/2018/HA - AN ATTACHED DUAL OCCUPANCY AND STRATA SUBDIVISION - LOT 419 DP 1200566, NO. 15 TIMBARRA AVENUE, KELLYVILLE

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PAGE 3 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 24 APRIL 2018

PRESENT

Cameron McKenzie Group Manager – Environment & Planning (Chair) Kristine McKenzie Acting Manager – Development Assessment

Simon Turner Acting Manager – Subdivision & Development Certification Mark Colburt Manager – Environment & Health

Craig Woods Manager – Regulatory Services

Megan Munari Principal Co-ordinator – Forward Planning APOLOGIES

Paul Osborne Manager – Development Assessment

Andrew Brooks Manager – Subdivision & Development Certification Stewart Seale Manager – Forward Planning

TIME OF COMMENCEMENT 8:30am

TIME OF COMPLETION 8:37am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 10 April 2018 be confirmed.

ITEM-2 DA 932/2018/HA - DETACHED DUAL OCCUPANCY AND STRATA SUBDIVISION - LOT 12 DP 270951, NO. 33 BUDAWANG AVENUE, KELLYVILLE

RESOLUTION

The Development Application be refused on the following grounds:

1. The proposed strata subdivision of the development does not comply with the provisions of Clause 4.1 of State Environmental Planning Policy (Sydney Region Growth Centres) 2006.

(Section 4.15(1)(a)(i) of the Environmental Planning and Assessment Act, 1979).

2. The proposed development does not comply with the minimum front and rear setbacks, cut and fill, private open space, solar access, fencing, streetscape and architectural design or dwelling massing and siting requirements of the North Kellyville Development Control Plan.

(Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act, 1979).

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PAGE 4 3. The applicant has not submitted the adequate information to demonstrate that the

proposal will result in an appropriate built form outcome.

(Section 4.15(1)(b) of the Environmental Planning and Assessment Act, 1979).

4. The development is not suitable for the site as it will not provide a satisfactory relationship between the built form and topography of the lot.

(Section 4.15(1)(c) of the Environmental Planning and Assessment Act, 1979).

5. The proposed development has been located within the nominated Asset Protection Zone shown on the Deposited Plan and the applicant has not demonstrated that the proposal will result in a safe environment for future residents given the bushfire prone nature of the site and area.

(Section 4.15(1)(b)(c) of the Environmental Planning and Assessment Act, 1979).

END MINUTES

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PAGE 5 ITEM-2 DA 668/2018/HA - AN ATTACHED DUAL OCCUPANCY AND STRATA SUBDIVISION - LOT 419 DP 1200566, NO. 15 TIMBARRA AVENUE, KELLYVILLE

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: 1 MAY 2018

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR TOWN PLANNER

SANDA WATTS

RESPONSIBLE OFFICER: PRINCIPAL EXECUTIVE PLANNER KRISTINE MCKENZIE

Applicant G Hemmons

Owner G Hemmons and R Giles

Notification 14 days Number Advised 12 Number of Submissions Five

Zoning R2 Low Density Residential

Site Area 621.2m²

List of all relevant

s79C(1)(a) matters Section 4.15 (EP&A Act) – Satisfactory.

SEPP Growth Centres 2006 – Satisfactory.

SEPP BASIX 2004 – Satisfactory.

SEPP No 55—Remediation of Land – Satisfactory.

Draft SEPP Growth Centres 2006 – Satisfactory.

North Kellyville DCP 2016 – Variations required, see report.

Section 7.12 Contribution: $35,000 Political Donation None Disclosed

Reason 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 a the construction of an attached two storey dual occupancy and a two lot strata subdivision.

The proposed development includes variations to the North Kellyville Development Control Plan in relation to fill and upper storey site coverage. The proposed variations will not unreasonably impact on adjoining property owners in regard to privacy or result in an unsatisfactory built form outcome.

The application was notified and five submissions were received. The issues raised primarily relate to greater demand for on-street parking as a result of the dual occupancy, occupant numbers, impact of the development on the streetscape, solar access and the proposed landscaping. The application complies with the parking requirements, permitted maximum building height and landscaping and setback controls under the DCP. Suitable landscaping is proposed on the site and the design achieves a balance of cut and fill. It is considered that the application will not have an unreasonable impact on the privacy or amenity of adjoining properties.

The application is recommended for approval subject to conditions.

BACKGROUND

On 10 October 2017 the subject Development Application was lodged. A letter was sent to the applicant requesting further details in regards to the subdivision plan, drainage concept plan, raingarden, driveway locations and BASIX Certificate. On 12 February 2018 the outstanding information was submitted, and on 27 February Council staff received amended plans and BASIX Certificate reflecting a change in construction material.

PROPOSAL

The Development Application is for the construction of an attached two storey dual occupancy and associated two lot strata subdivision.

Both dwellings contain four bedrooms and a single garage. The garages are accessed from separate driveways which share a common driveway crossover.

The dwellings are constructed from a grey brick and will have a colorbond skillion roof in

“Monument” (charcoal grey) colour. Concrete render in a light grey is also proposed to on the upper level facing the street.

ISSUES FOR CONSIDERATION

1. Compliance with SEPP (Sydney Region Growth Centres) 2006 (i) Permissibility

The proposed development is defined in the SEPP (SRGC) 2006 as a dual occupancy which is permitted with consent within the R2 Low Density Residential zone.

Clause 2.6 of the SEPP states that land to which the precinct plan applies may be subdivided with consent. The application is seeking approval for a two lot strata subdivision in accordance with the provisions of this clause. Accordingly, the proposal is considered satisfactory with regard to SEPP (Sydney Region Growth Centres) 2006.

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PAGE 7 (ii) SEPP (Sydney Region Growth Centres) 2006 - Development Standards The following addresses the principal development standards of the SEPP relevant to the subject proposal:

CLAUSE REQUIRED PROVIDED COMPLIES

Clause 4.1AB(4)

Allotment size 600m² for a dual

occupancy 621.2m² Yes

Clause 4.3 Height of Buildings

9 metres 7.5 metres Yes

2. Draft SEPP (SRGC) 2006 – North Kellyville Precinct

In May 2017 the Department of Planning released the draft North West Land Use and Infrastructure Implementation Plan. In addition to a new growth centres structure plan and an infrastructure schedule, the package proposes a draft amendment to State Environmental Planning Policy (Sydney Region Growth Centres) 2006 and associated draft changes to the DCP.

The proposed changes include the introduction of density bands (rather than only minimum density) and reinstatement of minimum lot sizes for all residential areas (that were removed as part of the 2014 Housing Diversity changes).

The subject site will be affected by the replacement of the minimum density provision with a density band. The site currently has a minimum density of 10 dwelling per hectare which is proposed to be amended to a minimum density of 10 dwellings per hectare and a maximum density of 15 dwellings per hectare.

The area of the approved subdivision was 1.980 hectares with 22 residential lots being approved (DA 1297/2012/ZB) which resulted in a density of 11.11 dwellings per hectare.

Approval of the proposed development will result in a total of 23 lots in the subdivision.

This equates to an amended density of 11.6 dwellings per hectare which complies with the Draft SEPP density provisions.

3. Compliance with North Kellyville Development Control Plan

The proposal has been assessed against the provisions of North Kellyville DCP. The proposed development achieves compliance with the relevant requirements with the exception of the following:

DEVELOPMENT

CONTROL DCP

REQUIREMENTS PROPOSED

DEVELOPMENT COMPLIANCE Cut and Fill 500mm maximum

for cut and fill

920mm fill proposed

No, however given the sloping site, the development achieves a balance of cut and fill. A drop edge beam is proposed to contain the fill under the building platform.

Upper level site

coverage 30% 42% No, however compliance

with solar access control is achieved and there will be no unreasonable impacts on privacy.

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PAGE 8 a) Cut and Fill

The North Kellyville DCP requires that no earthworks shall be undertaken whereby excavation exceeds 500mm or fill exceeds 500mm from present levels without the approval of Council.

The development includes maximum fill of 920mm for dwelling 1 under the front part of the dwelling. The maximum cut for the development is less than 500mm and is located at the rear of the dwellings. A drop edge beam to retain the fill is proposed at the front of dwelling 1 (north-west corner) (See Attachment 5).

The applicant in justifying the proposed variation to cut and fill states that:

No, cut and fill does not comply. However the amount of cut and fill has been kept as closely to 500mm as possible as well as creating split levels to accommodate the slope of the land. The proposed position of the dwelling was done in order to minimise cut and fill throughout the whole lot.

Comment:

The objectives of this section of the DCP are:

1. To minimise the extent of cut and fill within residential allotments.

2. To protect and enhance the aesthetic quality of the area by controlling the form, bulk and scale of land forming operations.

3. To ensure that filling material is satisfactory and does not adversely affect the fertility or salinity of soil, or the quality of surface water or groundwater.

4. To ensure that the amenity of adjoining residents is not adversely affected by any land forming operation.

The amount of cut and fill will not unreasonably impact adjoining premises given the fill will be contained under the platform with a drop edge beam. The variation to fill is satisfactory in this instance and is required due to the slope of the land. The split level design of the development caters to the slope of the site whilst maintaining internal amenity for the occupants of the development and also to minimise the impacts on adjoining properties.

The variation to fill is considered satisfactory in this instance.

b) Dwelling Height, Massing and Siting

The North Kellyville DCP states that all development is to comply with the maximum site coverage based on the frontage of the lot. As the site as it has a frontage greater than 15 metres, the site coverage for a two storey development is to be 50% at the ground level and 30% at the upper floor. The proposal complies with the ground level site coverage being 50%, however the upper level site coverage is 42%.

It is also noted that under Part 4.3.2(2) –Controls - Dual Occupancies, the DCP states that the maximum site coverage control for the second storey in the relevant table may be exceeded by the combined 2^nd storey coverage of both dwellings in a dual occupancy provided that:

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PAGE 9 - The privacy of the principal dwelling and dwellings on adjoining land is not

compromised; and

- Solar access requirements for the principal private open space can be met for the principal dwellings and dwellings on adjoining lots.

The applicant in justifying the proposed variation to upper level site coverage states that:

The upper floor site coverage has been exceeded, however the proposed dwelling has been designed to provide maximum privacy for both the proposed and surrounding dwellings. The balconies have been located at the front with privacy screens as well as the windows have been set at a reasonable height so that it does not impose on any privacy issues on neighbouring dwellings.

Comment:

The objectives of the DCP are:

(a) To ensure development is of a scale appropriate to protect residential amenity.

(b) To ensure building heights achieve built form outcomes that reinforce quality urban and building design.

The development has been designed maintain privacy between the occupants of the dual occupancy and neighbouring properties. Upper level windows on the side elevations are either highlight windows or windows with a high sill height for bathrooms/toilets or very narrow/tall windows. Screening is proposed along the side setback for the upper level balconies that front the street.

The shadow diagrams show that 3 hours of sunlight between 9am and 3pm at the winter solstice (June 21) to at least 50% of the required principal private open space (being half of 24m²) of both the proposed development and the neighbouring properties is achieved.

Furthermore, the proposal complies with setback and landscape requirements.

The proposed site coverage is considered satisfactory in this instance.

4. Issues Raised in Submissions

The proposal was notified for 14 days and five submissions were received from four properties. The issues raised in the submissions are summarised below.

ISSUE/OBJECTION COMMENT

Overshadowing is a concern, as the two storey development is much higher than our single storey dwelling. Suggestions to reduce the impact include cutting the site to be level with the adjoining property or reducing the ceiling height from 2.7m to 2.4m. A medical issue makes access to natural sunlight important.

Shadow diagrams provided with the Development Application show that 3 hours of sunlight between 9am and 3pm at the winter solstice (June 21) to at least 50% of the required principal private open space (being half of 24m²) on neighbouring properties is achieved. Given the sloping nature of the site, additional cut on the site to be consistent with one neighbour would result in significant retaining walls on the other boundary. A balance of cut and fill is the desired approach, which has been proposed in this instance. The proposal complies with the maximum building height, therefore a reduction in ceiling heights is not required. Furthermore, the development has a skillion style roof, which results in less overshadowing than a traditional pitch roof design.

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PAGE 10

A single car garage for each dwelling is not adequate for 4 bedroom home.

Apartments in The Hills Shire Council require 2 car parking spaces. It is likely that two medium sized families will occupy the development and multiple cars from the development will park on the street, and concern is raised that cars will parking in front of neighbouring dwellings. Timbarra Avenue is a narrow street with parking on both side, this development will add further demand for on-street parking.

There are lots of children who live on the street and concern is raised with their safety and the increase in congestion on the street as a result of the development.

The proposal complies with the parking requirements of the North Kellyville Development Control Plan that applies to the type of development proposed. In addition to the single garage, there is an opportunity for one car to park on the driveway forward of the garage. On- street parking is public parking and is available for all properties to utilise as required. Child safety is the responsibility of the care giver.

The proposed driveway is across from the driveway on the opposite side of the street which results in a safety issue for cars reversing out.

The proposed driveway location is suitable and complies with Council’s Driveway Standards.

Council’s Subdivision Engineer has reviewed the proposed vehicle access and has raised no objection to the proposed driveway location.

The proposed driveway is to be constructed over the existing swale which has been designed to reduce stormwater. The second driveway will compromise the integrity of the swale.

The proposed single driveway crossing has been reviewed by Council’s Subdivision Engineer. The swale is to be relocated and appropriate conditions of consent have been recommended (See Condition 11).

The driveway incorporates landscaping rather than being solid, which is inconsistent with the streetscape.

There is no development control that stipulates that driveways cannot incorporate a landscape strip. Council staff raise no issue with this style of driveway. The development does not rely on driveway landscaping to comply with the DCP requirements.

No raingardens have been

proposed with the development. The amended plans provided by the applicant include two raingardens (one for each dwelling) which comply with Council’s controls (See Conditions 17, 32 and 33).

Access to the rear yards will be restricted due to the rainwater tanks within the side setbacks.

It is not uncommon for development to locate slimline rainwater tanks along the side boundary.

The development complies with the side boundary requirements stipulated under the DCP.

Adequate area is maintained for access.

The design of the development is out of character with the surrounding properties. The colours are considered to be monolithic with no vibrancy.

The proposed development incorporates a charcoal grey colorbond skillion roof. The street generally contains pitched roofs, however there are other examples of flat or skillion roofs in the immediate locality. The proposed colours and finishes are appropriate and reflect the modern character of the area.

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PAGE 11

Some of the rooms (bedroom and home theatre) within the dwellings appear to have issues with light and ventilation.

This matter was raised with the applicant. They advised that this will be addressed during the Construction Certificate Stage of the application.

A condition of consent has been recommended requiring compliance with the BCA (See Condition 3).

The development does not cater for outdoor mechanical ventilation units, and the minimal side setback does not allow much room for a unit to be installed.

The proposal does not include mechanical ventilation. The BASIX Certificate submitted with the Development Application does not include mechanical heating/cooling.

The landscape plan proposes established trees at the rear of the site. Over time, the root system will effect the integrity of the retaining wall and cause issues with our pool plumbing. The proposed tree at the rear of the property will overshadow our pool and drop leaves in the pool and garden area. We request the tree be planted elsewhere on the property.

The proposed Elaeocarpus Eumundi (Smooth leaved Quandong) is considered to be an appropriate species in this instance. The root system of this species is not considered to be evasive and it does not produce a great deal of leaf litter. The shape of the tree is generally narrow and slender. Council’s Tree Officer is satisfied with the proposed landscaping for the site and the species nominated, and their locations. The existing tree at the rear of the site is to remain.

There are no retaining walls indicated on the plans to retain the integrity of the fence between the properties or a drainage system to adequately drain potential water runoff.

Where appropriate, the development will batter any cut or fill within the site. Drop edge beams will be required at the front of the dwelling to contain fill. A condition of consent has been recommended in regards to a drop edge beam for fill required for the construction of the development (See Condition 1).

The owner did not approach me in regards to the proposed development, and we are more than happy to work with the owner to come up with suitable compromise.

The owner is not required to negotiate with neighbours in regards to the proposed development.

Houses built in Timbarra Avenue are all newly constructed, large family owned properties.

Townhouses do not suit the streetscape and serious concern is raised that these townhouses will ruin the credibility of the street and devalue other houses.

The proposed development is not a townhouse development. The proposal is for a dual occupancy, which is a permissible form of development in the zone. Property value is not considered to be a planning matter and is not a consideration in the assessment of the subject Development Application.

5. Internal Referrals

The application was referred to Council’s Subdivision Department and was also reviewed by Council’s Tree Officer. No objection was raised to the proposal subject to conditions.

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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, SEPP Sydney Regional Growth Centres 2006 and The North Kellyville Development Control Plan 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.

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:

GENERAL MATTERS

1. Development in Accordance with Submitted Plans (as amended)

The development being carried out in accordance with the approved plans and details submitted to Council, as amended in red, stamped and returned with this consent.

The amendments in red include: - fill greater than 500mm is to be retained by a drop edge beam

REFERENCED PLANS AND DOCUMENTS

DRAWING NO DESCRIPTION ISSUE DATE

DWG-01 Site Plan G 19/02/2018

DWG-02 Site Analysis G 19/02/2018

DWG-03 Floor Plans G 19/02/2018

DWG-04 Roof Plan G 19/02/2018

DWG-05 North and South Elevations G 19/02/2018

DWG-06 West and East Elevations G 19/02/2018

DWG-07 Material Schedule G 19/02/2018

DWG-08 Section A & B G 19/02/2018

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PAGE 13

DWG-09 Section C & D G 19/02/2018

DWG-10 Section AA & BB G 19/02/2018

DWG-14 Driveway Plan & Section G 19/02/2018

- Landscape Plan Sheet 1 of 4 30/01/2018

- Planting Details Sheet 2 of 4 30/01/2018

- Typical Raingarden & Swale Plan Sheet 3 of 4 30/01/2018

- Landscape Guidelines Sheet 4 of 4 30/01/2018

Proposed Plan of Subdivision Sheet 1 of 1 -

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. 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.

3. 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.

4. 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.

5. Commencement of Domestic Waste Service

The property owner or agent acting for the owner must ensure to arrange the commencement of a domestic waste service with Council. The service is to be arranged no earlier than two days prior to occupancy and no later than two days after occupancy of the development. All requirements of Council’s domestic collection service must be complied with at all times. Please telephone Council on (02) 9843 0310 for the commencement of waste services.

6. Provision of Domestic Waste Storage Area

Sufficient space must be allocated onsite to store a minimum of three 240 litre mobile bins (for waste streams as determined by Council). Note two separate areas are required for dual occupancies. The location is required to ensure that the bins are not visible from any adjoining property or public place, are easily accessible by future occupants and allow the bins to be wheeled to the street over flat or ramped surfaces, grade not to exceed 1:14, and not over steps, kerbs, landscape edging or through a habitable area of the dwelling.

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PAGE 14 7. Bushfire Requirements - BAL LOW – Residential

The development is to comply with the requirements and recommendations in the report titled “Bushfire Risk Assessment” prepared by Bushfire Consultancy Australia, authored by Matthew Toghill, dated 22/08/2017.

8. House Numbering

The responsibility for house/unit numbering is vested solely in Council in order to provide a consistent and accurate system of street numbering throughout the Shire.

Approved numbering for this development is:

15A Timbarra Avenue Kellyville 15B Timbarra Avenue Kellyville

The street numbers as issued are to be displayed at the entrance to the property for mail delivery and service providers including emergency services.

9. Approved Subdivision Plan

The subdivision component of the development must be carried out in accordance with the approved plan of subdivision prepared by NGEO Surveys Drawing 180121PPS1 except where amended by other conditions of consent.

10. Protection of Public Infrastructure

Adequate protection must be provided prior to work commencing and maintained during building operations so that no damage is caused to public infrastructure as a result of the works. Public infrastructure includes the road pavement, kerb and gutter, concrete footpaths, drainage structures, utilities and landscaping fronting the site. The certifier is responsible for inspecting the public infrastructure for compliance with this condition before an Occupation Certificate is issued. Any damage must be made good in accordance with the requirements of Council and to the satisfaction of Council.

11. 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.

Works on existing public roads or any other land under the care and control of Council must be approved and inspected by Council in accordance with the Roads Act 1993 or the Local Government Act 1993. A separate minor engineering works application and inspection fee is payable as per Council’s Schedule of Fees and Charges.

a) Concrete Footpath Paving

A 1.5m wide concrete footpath paving, including access ramps at all intersections, must be provided across the street frontage of the development site transitioning into the existing footpath adjacent in accordance with the above documents.

b) Footpath Verge Formation

The grading, trimming, topsoiling and turfing of the footpath verge fronting the development site is required to ensure a gradient between 2% and 4% falling from the boundary to the top of kerb is provided. This work must include the construction of any retaining walls necessary to ensure complying grades within the footpath verge area. All retaining walls and associated footings must be contained wholly within the subject site.

Any necessary adjustment or relocation of services is also required, to the requirements of the relevant service authority. All service pits and lids must match the finished surface level.

c) Inter-allotment Stormwater Drainage (North Kellyville)

Rain gardens and rainwater reuse tanks are required for each lot as per this consent. To allow for these rain gardens, the following requirements apply:

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PAGE 15 For those lots that fall away from the street, piped inter-allotment stormwater drainage catering for the entire area of each lot must be provided. Each lot must be uniformly graded to its lowest point where a grated surface inlet pit must be provided. All collected stormwater is to be piped to an approved constructed public drainage system.

For those lots that fall towards the street, direct connections to the kerb are not permitted. Each lot must be uniformly graded to its lowest point where a grated surface inlet pit must be provided. This pit must be connected to the street drainage under the kerb fronting the lot, not the kerb opposite. For roads with a one-way cross fall, this will require road drainage and kerb inlet pits on both sides of the road. Direct individual connections or a combined inter-allotment drainage connection are permissible.

A minimum level difference of 800mm measured between the surface level and the invert of the outlet pipe must be provided in the stormwater pit on each lot to allow for the required rain garden.

d) Service Conduits

Service conduits to each of the proposed new lots, laid in strict accordance with the relevant service authority’s requirements, are required. Services must be shown on the engineering drawings.

e) Driveways/ Roadside Swale Adjustment (North Kellyville)

The new or relocated driveway on Timbarra Avenue will require amendment to the existing roadside bio-retention swale:

 The section of existing bio-retention swale affected by the location of the new or relocated driveway must be removed.

 The area backfilled so the new or relocated driveway can be built over the top.

 A new grated inlet pit must be installed immediately upslope of each new or relocated driveway.

 The new or relocated driveway must be no wider than 5.4m extending from the kerb to the property boundary, in order to limit the impact on the swale.

 The existing driveway being replaced must be removed, the area excavated and the bio-retention swale established in its place. This includes the three media layers, rock lining, landscape planting and signage in accordance with the above documents.

 The existing grated inlet pit associated with the existing driveway must be removed and the pipework repaired.

Refer to Standard Drawing 48 available from Council’s website for more detail showing this arrangement.

All these works must be carried out by a civil contractor with the appropriate civil liability insurances for works in the footpath/ public area.

Approval for these works must be obtained from Council via an approved subdivision works Construction Certificate/ minor engineering works approval before a Construction Certificate can be issued for the building works.

The driveway relocation and swale reconstruction must be completed before any Occupation Certificate is issued. The scope/ cost of these works are not reasonably left to the eventual lot owner.

12. Rain Garden and Rainwater Reuse Tank (North Kellyville)

A rain garden and rainwater reuse tank is required to be constructed in accordance with the following documents and requirements:

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PAGE 16

 Council’s Typical Rain Garden Plan and Details (Standard Drawing 44)

 Council’s Rain Garden Installation Guide and Specifications

The area/ volume of the rain garden must comply with the restriction that appears on the title of the subject site.

The rainwater reuse tank must be plumbed specifically for washing machine use.

External use is also permitted however the recycled water system supplied by Sydney Water must be connected to all toilets for flushing purposes, and at least one external tap.

13. Recycled Water

The subject site must be connected to Sydney Water’s Rouse Hill Recycled Water Scheme, unless written evidence from Sydney Water is submitted advising that this service is not available.

14. Road Opening Permit

Should the subdivision/ development necessitate the installation or upgrading of utility services or any other works on Council land beyond the immediate road frontage of the development site and these works are not covered by a Construction Certificate issued by Council under this consent then a separate road opening permit must be applied for and the works inspected by Council’s Maintenance Services team.

The contractor is responsible for instructing sub-contractors or service authority providers of this requirement. Contact Council’s Construction Engineer if it is unclear whether a separate road opening permit is required.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 15. Special Infrastructure Contribution – Growth Centres

A special infrastructure contribution is to be made in accordance with the Environmental Planning and Assessment (Special Infrastructure Contribution – Western Sydney Growth Areas) Determination 2011, as in force when this consent becomes operative.

Information about the special infrastructure contribution can be found on the Department of Planning and Environment website:

http://www.planning.nsw.gov.au/

Please contact the Department of Planning and Environment regarding arrangements for the making of a payment.

16. Section 7.11 Contribution – North Kellyville

The following monetary contributions must be paid to Council in accordance with Section 7.11 of the Environmental Planning and Assessment Act, 1979, to provide for the increased demand for public amenities and services resulting from the development.

Payments comprise of the following:-

Purpose: Dual Occupancy

Purpose:

Credit No. of Dual Occs: 2 No. of Credits: 1 Total S94 Open Space - Land $ 18,510.74 $ 18,510.74 $ 37,021.48 $ 18,510.74 $ 18,510.74 Open Space - Capital $ 2,547.67 $ 2,547.67 $ 5,095.34 $ 2,547.67 $ 2,547.67 Transport Facilities - Land $ 1,066.25 $ 1,066.25 $ 2,132.50 $ 1,066.25 $ 1,066.25 Transport Facilities - Capital $ 8,986.74 $ 8,986.74 $ 17,973.48 $ 8,986.74 $ 8,986.74 Water Management - Land $ 2,472.46 $ 2,472.46 $ 4,944.92 $ 2,472.46 $ 2,472.46 Water Management - Capital $ 956.82 $ 956.82 $ 1,913.64 $ 956.82 $ 956.82 Community Facilities - Land $ 459.32 $ 459.32 $ 918.64 $ 459.32 $ 459.32 Total $ 35,000.00 $ 35,000.00 $ 70,000.00 $ 35,000.00 $ 35,000.00

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PAGE 17 Prior to payment of the above contributions, the applicant is advised to contact Council’s Development Contributions Officer on 9843 0268. Payment must be made by cheque or credit/debit card. Cash payments will not be accepted.

This condition has been imposed in accordance with Contributions Plan No. 13.

Council’s Contributions Plans can be viewed at www.thehills.nsw.gov.au or a copy may be inspected or purchased at Council’s Administration Centre.

17. Water Sensitive Urban Design Elements - Rain Garden and Rainwater Reuse Tank (North Kellyville)

The construction certificate issued for this dwelling must include the rain garden and rainwater reuse tank conditioned earlier in this consent.

PRIOR TO WORK COMMENCING ON THE SITE 18. Principal Certifying Authority

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

19. Management of Building Sites – Builder’s Details

The erection of suitable fencing or other measures to restrict public access to the site and building works, materials or equipment when the building work is not in progress or the site is otherwise unoccupied.

The erection of a sign, in a prominent position, stating that unauthorised entry to the site is not permitted and giving an after hours’ contact name and telephone number. In the case of a privately certified development, the name and contact number of the Principal Certifying Authority.

20. 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.

21. 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.

22. 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).

23. 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).

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PAGE 18 24. 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.

25. Service Authority Consultation – Subdivision Works

Before subdivision works commence documentary evidence must be submitted confirming that satisfactory arrangements have been made for:

 The provision of electrical services for the non-residue lots created by the subdivision. This includes the undergrounding of existing overhead services, except where a specific written exemption has been granted by Council.

 The provision of water and sewerage facilities.

 The provision of telecommunication services for the non-residue lots created by the subdivision, typically requiring the installation of pits and pipes complying with the standard specifications of NBN Co current at the time of installation. This includes the undergrounding of existing overhead services, except where a specific written exemption has been granted by Council. The Telecommunications Act 1978 (Cth) specifies where the deployment of optical fibre and the installation of fibre-ready facilities is required.

DURING CONSTRUCTION 26. 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.

27. 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.

28. Survey Certificate

A survey certificate signed and dated (including contact details) from a registered land surveyor may be requested by the Principal Certifying Authority at footings and/or formwork stage. The certificate shall indicate the location of the building/structure in relation to all boundaries, and shall confirm the floor/coping level prior to any work proceeding on the building/structure.

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PAGE 19 29. 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. 852289M_02 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.

30. 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.

31. 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.

32. Rain Garden – Construction Checklist Compliance

During construction of the rain garden Council’s Rain Garden Installation Guide and Specifications must be followed, a copy of which is available on Council’s website.

The Construction Checklist (Appendix A) included with the installation guide/

specifications must be completed by the person constructing the rain garden and a copy submitted to Council.

PRIOR TO ISSUE OF AN OCCUPATION AND/OR SUBDIVISION CERTIFICATE 33. Water Sensitive Urban Design Certification

An Occupation Certificate must not be issued prior to the completion of the WSUD elements conditioned earlier in this consent. The following documentation must be submitted in order to obtain an Occupation Certificate:

 WAE drawings and any required engineering certifications;

 Records of inspections;

 An approved operations and maintenance plan; and

 A certificate of structural adequacy from a suitably qualified structural engineer verifying that any structural element of the WSUD 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.

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PAGE 20 34. Rain Garden/ Rainwater Tanks (North Kellyville)

An Occupation Certificate must not be issued prior to the completion of the rain garden and rainwater reuse tank required by this consent. A copy of the completed Construction Checklist (Appendix A) included with Council’s Rain Garden Installation Guide and Specifications must be submitted to Council.

35. Completion of Subdivision Works

A Subdivision Certificate cannot be issued prior to the completion of all subdivision works covered by this consent.

36. Section 73 Compliance Certificate

A Section 73 Compliance Certificate issued under the Sydney Water Act 1994 must be obtained from Sydney Water confirming satisfactory arrangements have been made for the provision of water and sewer services. Application must be made through an authorised Water Servicing Coordinator. The certificate must refer to this development consent and all of the lots created.

Sydney Water’s guidelines provide for assumed concurrence for the strata subdivision of a development approved by an earlier consent covered by a compliance certificate.

37. Provision of Electrical Services

Submission of a notification of arrangement certificate confirming satisfactory arrangements have been made for the provision of electrical services. This must include the under-grounding of the existing electrical services fronting the site and removal of all redundant poles and cables, unless otherwise approved by Council in writing. The certificate must refer to this development consent and all of the lots created.

38. Provision of Telecommunication Services

Prior to the issue of a Subdivision Certificate the developer (whether or not a constitutional corporation) is to provide evidence satisfactory to the Certifying Authority that arrangements have been made for:

The installation of fibre-ready facilities to all individual lots and/ or premises in a real estate development project so as to enable fibre to be readily connected to any premises that is being or may be constructed on those lots. Demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre ready facilities are fit for purpose; and

The provision of fixed-line telecommunications infrastructure in the fibre-ready facilities to all individual lots and/ or premises in a real estate development project demonstrated through an agreement with a carrier.

Real estate development project has the meanings given in Section 372Q of the Telecommunications Act 1978 (Cth).

For small developments, NBN Co will issue a Provisioning of Telecommunications Services – Confirmation of Final Payment. For medium and large developments, NBN Co will issue a Certificate of Practical Completion of Developers Activities.

For non-fibre ready facilities, either an agreement advice or network infrastructure letter must be issued by Telstra confirming satisfactory arrangements have been made for the provision of telecommunication services. This includes the undergrounding of existing overhead services, except where a specific written exemption has been granted by Council.

A copy of the works as executed (WAE) plans for the telecommunications infrastructure must also be submitted.

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PAGE 21 39. Subdivision Certificate Application

When submitted, the Subdivision Certificate application must include:

 One copy of the final plan.

 The original administration sheet and Section 88B instrument.

 All certificates and supplementary information required by this consent.

 An AutoCAD copy of final plan (GDA 1994 MGA94 Zone56).

40. Notice of Privately Issued Strata Certificate

Should the Strata Certificate be issued by a certifier other than Council a copy of the strata certificate, along with all supporting documentation relied upon as part of the same, must be submitted to Council within seven days.

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

4. Elevations

5. Section Showing Location of Drop Edge Beam 6. Landscape Plan

7. Shadow Diagrams

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PAGE 22 ATTACHMENT 1 – LOCALITY PLAN

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PAGE 23 ATTACHMENT 2 – AERIAL PHOTOGRAPH

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PAGE 24 ATTACHMENT 3 – SITE PLAN

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PAGE 25 ATTACHMENT 4 – ELEVATIONS

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PAGE 26

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PAGE 27 ATTACHMENT 5 – SECTION SHOWING LOCATION OF DROP EDGE BEAM

Fill to be

contained by drop edge beam

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PAGE 28 ATTACHMENT 6 – LANDSCAPE PLAN

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PAGE 29 ATTACHMENT 7 – SHADOW DIAGRAMS