A further letter was sent to the applicant on 6 November 2017 advising that this stratification of the proposed dual use could not be supported and requesting the submission of any incomplete information. Consequently, according to a recent court decision, the proposed division into dual-use layers is not acceptable in this case. Consequently, development consent cannot be granted for the strata subdivision component of the development application.
The applicant has been advised and requested to withdraw its request for permission for the strata subdivision of the proposed development. As a result, the proposal is not considered satisfactory with regard to the objectives of the zone.
Compliance with the North Kellyville Development Control Plan
Internal Referrals
External Referrals - NSW Rural Fire Service
3. The applicant has not submitted the adequate information to demonstrate that the
ATTACHMENT 1 – LOCALITY PLAN
ATTACHMENT 2 – AERIAL PHOTOGRAPH
ATTACHMENT 3 –MAP SHOWING NATIVE VEGETATION RETENTION AREA
ATTACHMENT 4 – SITE PLAN
ATTACHMENT 5 – ELEVATIONS
ATTACHMENT 6 – DEPOSITED PLAN EXTRACT
ATTACHMENT 7 – PROPOSED PLAN OF SUBDIVISION
EXECUTIVE SUMMARY
On 14 June 2016 Council resolved to place on public exhibition draft amendments to DCP
To reduce conflict between land uses within this area and land uses within adjacent areas. It is considered that the proposal does not represent overdevelopment or excessive intensification of use on the subject site. The proposal will maintain the rural character of the site and will not create adverse visual outcomes when viewed from surrounding properties.
Given the varied land use within the area, the current and proposed works are believed to support the rural-residential character of the area and provide a comprehensive service to residents and visitors to the area. Approval of the proposal will not conflict with the intent of the permissions previously granted and the works will improve the operation or appearance of existing facilities.
Compliance with DCP Part B Section 1 – Rural
To protect and maintain land that transitions between rural and other land uses of varying intensities and environmental sensitivities. To encourage innovative and sustainable tourism development, sustainable agriculture and the direct supply of agricultural products to the public.
Setbacks Front Setback (classified
The scale, location and visual appearance of new construction maintains the open rural feel of the landscape and preserves the area's scenic and environmental qualities. The siting of new rural/residential development must take into account the potential impacts of existing adjacent rural commercial activities. The subject development application was submitted prior to the further DCP changes made to facility coverage to now include outdoor storage areas as facility coverage for nurseries.
The proposed works including the additional fortified areas are minor when compared to the current level of site coverage and will not have an unreasonable impact on the current rural character or environmental qualities of the immediate area. The development continues to provide spatial separation between the buildings located on the surrounding properties and on the site. The proposed works will not adversely affect the rural area and the proposal is considered satisfactory in relation to the DCP.
The pot storage area in front of Old North Road currently encroaches on the road reserve with the pots, signs and fence in front of the boundary. The car park is set back 5m from the Old North Road frontage and will be sealed off to formalize the current arrangement. It should be noted that there is a minimum 1m setback from the south (side) setback for the packing shed, but this issue will be addressed in a separate development application.
The proposal has pot storage areas within the front setback area and parking spaces within the side setback areas. This results in a front setback area that has a combination of pots and furniture placed on a colored gravel base. The location of the pot storage area and the location of the on-site parking spaces are appropriate where they are consistent with the approved use of the space.
The location of the pot display areas within the approved front and side boundary
Compliance with DCP Part C Section 1 – Parking
It is also recognised that many patrons to the café will also visit the plant nursery and as
Compliance with DCP Part C Section 2 – Signage
6. Issues Raised in Submissions
For years the site had their sewage
Internal Referrals
ENGINEERING COMMENTS
Old Northern Road
External Referrals
A condition has been recommended to details RMS requirements (see Condition 12 – see
Development in Accordance with Submitted Plans
Completion of Work
Construction Certificate
Building Work to be in Accordance with BCA
Clause 94 Considerations
- Seating Capacity
- Provision of Parking Spaces
- Signs
- Protection of Public Infrastructure
- Vehicular Access and Parking
- Minor Engineering Works
All driveways and parking areas must be separated from landscaped areas by a low-lying concrete curb or wall. All driveways and parking lots must be graded, collected and drained by pits and pipes to an appropriate legal discharge point. The design and construction of the engineering works listed below shall be provided in accordance with Council Design Guidelines, Subdivisions/Developments and Works Specifications, Subdivisions/Developments.
Before a Construction Certificate can be issued for the workers, the following requirements must be processed, and the specified information submitted for review/approval. On completion of the work and before a building certificate can be issued for the unauthorized works, details showing compliance with the following conditions and detailed design (see above) must be submitted for review/approval. A letter from a qualified and practicing traffic engineer must be submitted certifying compliance with the parking requirements below and in the separate.
An updated as-built study/work as executed plan for both the parking lot and the rainwater plant must also be submitted. a) Parking space. This building plan must be based on a recent (reflecting the current site conditions) survey prepared by a registered surveyor. Vehicular Access and Parking” condition included previously, the full extent of the parking lot must be designed and constructed with an “all weather” design.
For the existing parking areas, details demonstrating compliance/ showing the existing pavement construction (depth and material) and finish must be submitted. For the new areas, a pavement design and finish treatment must be submitted with the design drawings. The individual parking spaces and parking aisles must be physically demarcated by line markings (where concrete or bitumen is used) or white stick on pavement markers where a loose/all-weather finish is proposed.
With respect to the submitted car parking plan prepared by Warren Eldridge Drawing
An updated plan suitable for construction purposes must be prepared and submitted
Compliance with NSW Roads and Maritime Services
PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE
- Plan Required Showing Relocated Works
- Construction and Fit-out of Food Premises
- Maximum Capacity Signage to be Displayed in the Premises
- On-site Waste Water Treatment System
With effect from 26 January 2010, there is a requirement under Clause 98D of the Environmental Planning and Assessment Regulations 2000 that entertainment venues, event centres, pubs, registered clubs and restaurants display maximum capacity signs. Prior to the operation of this development application and the increase in footfall for the cafe, an approved on-site sewage management system reference 34/2016/AWT must be completed with all required inspections and approval for the system to operate.
Maximum Capacity of Venue
18. Completion of Engineering Works
- Removal of Works
- Offensive Noise - Acoustic Report
A certificate of performance shall not be issued prior to the completion of all engineering works covered by this consent in accordance with this consent. The existing off-site fencing, sign and potted display area along the Old North Road frontage and potted display area must be relocated/removed to be fully on site prior to the issuance of any Certificate of Occupancy. . External display areas within the front/side areas are to be removed and re-landscaped in accordance with Building Consent No.
Any lighting on the site must be designed so as not to cause a nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area through light flooding. All lighting must comply with Australian Standard AS 4282:1997 Control of conspicuous effects of outdoor lighting. The proposed use of the premises and/or machinery equipment installed must not create objectionable noise so as to interfere with the amenity of the neighboring properties.
If an objectionable noise complaint is received and verified by Council staff, an acoustic assessment must be carried out (by a suitably qualified consultant) and an acoustic report submitted to the Council's Manager - Environment and Health for review.
ATTACHMENT 1 – LOCALITY PLAN
ATTACHMENT 2 – AERIAL PHOTOGRAPH
ATTACHMENT 3 – ZONING PLAN
ATTACHMENT 4 – PART SITE PLAN
ATTACHMENT 4 – PART SITE PLAN
ATTACHMENT 5 – CAFÉ FLOOR PLAN
ATTACHMENT 6 – CAFÉ ELEVATIONS
ATTACHMENT 7 – SIGNAGE DETAILS
ATTACHMENT 8 – SITE PHOTOGRAPHS
VIEW OF DRIVEWAY LEADING TO REAR OF THE SITE
EXISTING POT DISPLAY AREA AT THE FRONT OF THE SITE
Reason for reference to DAU Submission received and the site is currently subject to land and environmental court orders. The existing structure is on one level and includes two bedrooms, living room with kitchen, bathroom and laundry. The structure is currently used as a residence and the application will formalize its use.
ISSUES FOR CONSIDERATION
- Compliance with Local Environmental Plan 2012 (i) Permissibility
- Compliance with Development Control Plan Part B Section 1 – Rural The proposal has been assessed against the provisions of DCP Part B Section 1 - Rural
3. Issues Raised in Submission
This property presently has between 40
There have also been an inordinate
The owners have never complied with or
- Internal Referrals
Environmental Health Comments
- External Referrals NSW Rural Fire Service (RFS)
RECOMMENDATION
- Development in Accordance with Submitted Plans (as amended)
- Compliance with NSW Rural Fire Service Requirements
- Final Occupation Certificate
- Commencement of Domestic Waste Service
- House Numbering
A Standard Static Water Supply (SWS) Mark will be obtained from the National Fire Service of the District of NSW as part of the Static Water Supply program once the tank water supply is installed. The marker once issued must be:. a) fixed in a suitable location so that it is clearly visible; The southern and western elevations of the proposed secondary dwelling and roof must 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 Frame Construction in Bush Fire Areas – 2014' as applicable and Section A3.7 Addendum Schedule 3 of 'Planning for Bush Fire Protection 2006'.
The north and east elevations of the proposed secondary dwelling must comply with section 3 and section 7 (BAL 29) Australian Standard AS3959-2009 'Construction of buildings in bushfire prone areas' or NASH Standard (updated 1.7.14) 'National Standard Steel Frame Construction in Bushfire Areas' – 2014' as appropriate and section A3.7 Appendix Appendix 3 of 'Planning for Forest Fire Protection' 2006'. The primary residence should be upgraded to improve carbon protection if not already done. This should be achieved by closing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen mesh with a maximum opening of 2 mm.
Landscaping of the site is to comply with the principles of Appendix 5 of "Planning for Bushfire Protection 2006". Before occupation/use of a building as a result of a change of use, it is necessary to obtain an Occupation Certificate from the Council subject to the requirements under Clause 109H(2) of the EP&A Act 1979 being met. All building work must be carried out in accordance with the provisions of the Building Code of Australia.
The property owner or the agent acting for the owner must arrange the commencement of a day renovation with the municipality. The service must be arranged no earlier than two days before moving in and no later than two days after moving into the building.
Should an additional house number be needed for the secondary dwelling, you are
- Clause 93 Considerations
- Work Completion Date
- Roof Water Drainage
- Approval to Install an On-site Sewage Management System
ATTACHMENTS
ATTACHMENT 1 – LOCALITY PLAN
ATTACHMENT 2 – AERIAL PHOTOGRAPH
ATTACHMENT 3 – SITE PLAN
ATTACHMENT 4 – ELEVATIONS
ATTACHMENT 5 – PLAN SHOWING EFFLUENT DISPOSAL AREA
ATTACHMENT 6 – PHOTOS OF PROPOSED SECONDARY DWELLING
ATTACHMENT 7 – LAND AND ENVIRONMENT COURT ORDERS
