The minutes of the Council meeting of the Development Assessment Unit on 9 October 2018 are confirmed. The proposal in its current form does not comply with the objectives of the RU2 Landscape Zone of The Hills Local Environment Plan 2012 in terms of the negative impacts on the landscape, specifically in terms of vegetation, due to the extent of clearing required. The proposal in its current form is not consistent with the objectives of clause 4.1AA of The Hills Local Environmental Plan 2012 as it does not ensure that the site is developed, managed and conserved in a holistic and sensitive manner where it is affected by biodiversity.
The proposal as it stands is inconsistent with the objectives of clause 7.4 of The Hills Local Environmental Plan 2012 as the footprint of the development encroaches on the land mapped by the Terrestrial Biodiversity Layer to The Hills Local Environmental Plan 2012 The proposal in its current form is not consistent with the objectives of the zone RU2 Rural Landscape from the Environment Plan The Hills 2012 with regard to the adverse effects on the rural landscape, in particular with regard to vegetation and parcel width, due to the required degree of reclamation . The proposal was not accompanied by an assessment of significance for Acacia bynoeana previously registered at the site in question. The proposal was not accompanied by a study on microbats.
The proposed operating hours for the approved uses are assessed to be satisfactory in relation to the proposed noise reduction measures with design and relation to neighboring properties. 68 of the building permit requires that the opening hours for the gymnasium and shops are limited to 8.00 - 20.00 Monday to Sunday. The proposal has been assessed against the provisions of The Hills Development Control Plan (THDCP), in particular:-.
The proposed development complies with the relevant requirements in the above development control and is considered satisfactory.
Issues Raised in Submissions
1340/2007HA for the shopping center already requires the basement car park to be closed and secured outside of working hours. The proposal would increase traffic generation outside of the approved Mall hours of operation. Peak parking demand and traffic generation outside of core hours will not impair the gym approved under Development Consent No.
The acoustic impact assessment report has been reviewed by the Council's Environmental Health Department, which has requested changes to the assessment on two occasions. The Council's Environmental Health Section has no objection to the proposal, subject to recommended consent conditions to reduce noise effects on neighboring properties.
Internal Referrals
External Referrals NSW POLICE COMMENTS
The proposed development is consistent with the planning principles, visions and objectives outlined in "Hills 2026 - Looking Towards the Future" as the proposed development provides for satisfactory urban growth without adverse environmental or social amenity impacts and ensures that a consistent built form delivered with respect to the streetscape and the general location.
Development in Accordance with Submitted Plans
Building Work to be in Accordance with BCA
Construction Certificate
Compliance with NSW Police Force Requirements
Acoustic Requirements
Prior to the issuance of a professional certificate, a suitably qualified acoustics consultant must conduct a site inspection to verify that the required acoustic mitigation measures have been installed and to ensure that the sound levels specified in the accepted acoustic report are being achieved. A report (including photographs) must be prepared and submitted to the Manager of the Council - Environment and Health for review and, if satisfactory, written acceptance will be provided. Any change to the above opening hours requires the further approval of the Council.
Offensive Noise - Acoustic Report
Access / Entry door
External areas – no training
Basement Carpark Access
Closed-Circuit Television
Acoustic – Plan of Management
Acoustic – Maintenance
The development application is for the construction of a detached secondary home in accordance with SEPP (Affordable Rental Housing) 2009. The proposal has been assessed against the requirements of SEPP, and the proposal meets all requirements. The proposal has also been assessed against the requirements of DCP 2012 Part B, Section 2 – Housing, but it should be noted that these are only merit considerations as SEPP (ARH) 2009 applies.
The proposed development meets the DCP requirements with the exception of the underlying setback. The proposed setback is considered reasonable given the single storey design and as no adverse shading or privacy effects will result from the secondary residence. The issues raised mainly relate to insufficient on-site parking, increased on-street parking and vehicle movement, access during construction, damage to fencing of adjacent properties, stormwater run-off, privacy and noise.
The proposed secondary dwelling is considered to be satisfactory in terms of design and relationship with neighboring properties. The proposal will not unreasonably affect existing or future neighboring dwellings in terms of amenity or create unreasonable impacts on traffic. The Development Application is for the construction of a secondary detached dwelling located behind the main dwelling.
The proposed secondary residence will be built of dark brown brick and a pitched tiled roof with dark gray colored tiles.
Compliance with SEPP (Affordable Rental Housing) 2009
Compliance with DCP Part B Section 2 – Residential
The proposed development is relatively small considering the mass of existing dwellings surrounding the subject property - 73 Bass Drive, Baulkham Hills. Based on the above, we believe that the proposed development will minimize the impact on the landscape setting, site constraints and the established character of the street and locality. The external materials and finishes of the proposed secondary dwelling at 73 Bass Drive, Baulkham Hills will be selected to match the existing principal dwelling taking into account the aesthetics and character of the site.
At Master Granny Flats we pride ourselves on building high quality "Mini Homes" and will ensure a structurally sound development to complement and enhance the visual quality of the site. To provide setbacks that complement the streetscape and protect privacy and sunlight to adjacent dwellings in accordance with ESD objective 7. ii) To ensure that new development is sensitive to the landscape setting, site constraints and desired future character of the street and site . iii). The application does not meet the DCP requirements for setback, but the proposed setback meets the relevant objectives of the DCP.
The proposal is also considered satisfactory as the proposed secondary accommodation provides adequate side setbacks. The main house's existing side fall is approx. 900 mm (for the western boundary) and 1.4 m (for the eastern boundary). The owner of the property in question and/or their developer will be responsible for any damage caused during construction.
A condition of consent is recommended which requires the fence to be replaced or repaired if any damage occurs (see Condition No. 13). This is not a planning consideration nor are there any time limits that may apply to the owner/builder to complete construction of the secondary residence. The proposed stormwater management was reviewed by the Municipal Department Engineer who advised that the proposed system would improve the current situation by diverting existing and new stormwater runoff towards the street drainage system (see conditions 5, 28 and 31).
Concerns have been raised about the location of air conditioning units which will cause noise which may impact on adjoining properties. The Development Application was assessed against the relevant heads of consideration under Section 4.15 of the Environmental Planning and Assessment Act, 1979, State Environmental Planning Policy (Affordable Rental Housing) 2009, Local Environmental Plan 2012 and DCP Part B Division 2 - Residential and was deemed satisfactory. The issues raised in the submissions have been addressed in the report and do not justify refusal of the application.
Development in Accordance with Submitted Plans (as amended)
Dark glass must be in place prior to the issue of a Certificate of Occupation and must be retained for the life of the development. No work (including excavation, backfilling or reshaping) shall be undertaken prior to the issue of a Construction Certificate where a Construction Certificate is required.
External Finishes
Tree Removal
Replacement Planting Requirements
Minor Engineering Works
The entire area of the developed area must be graded, stockpiled and drained by pits and pipes to a suitable legal discharge point.
Construction Certificate
Building Work to be in Accordance with BCA
Adherence to Waste Management Plan
Management of Construction Waste
Commencement of Domestic Waste Service
Provision of Domestic Waste Storage Area
House Numbering
Boundary Fencing
The trees to be retained must be protected during all works in strict accordance with AS4970- 2009 Protection of Trees on Development Sites. All areas within the root protection zone must be covered with composted leaf mulch to a depth of not less than 100 mm. The installation of services within the root protection zone may not be undertaken without prior permission from the Council.
Sydney Water Building Plan Approval
Management of Building Sites – Builder’s Details
Consultation with Service Authorities
Principal Certifying Authority
Erosion and Sedimentation Controls
Stabilised Access Point
Builder and PCA Details Required
Survey Report and Site Sketch
Dropped Edge Beam
Compliance with BASIX Certificate
Compliance with Critical Stage Inspections and Inspections Nominated by the PCA
Roof Water Drainage
Dust Control
Landscaping Prior to Issue of any Occupation Certificate
Completion of Engineering Works
