ASSESSMENT UNIT

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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 05 June 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 05 JUNE, 2018

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 1251/2018/ZB - SUBDIVISION CREATING TWO RURAL RESIDENTIAL LOTS ACCOMPANIED BY A VARIATION TO A DEVELOPMENT STANDARD - LOT 1 DP 1198559, 58A NELSON ROAD, NELSON

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PAGE 3 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 29 MAY 2018

PRESENT

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

Andrew Brooks Manager – Subdivision & Development Certification Mark Colburt Manager – Environment & Health

Craig Woods Manager – Regulatory Services Janelle Atkins Principal Forward Planner Kristine McKenzie Principal Executive Planner APOLOGIES

Stewart Seale Manager – Forward Planning TIME OF COMMENCEMENT

8:30am

TIME OF COMPLETION 8:55am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 22 May 2018 be confirmed.

ITEM-2 DA 834/2017/HA - DETACHED DUAL OCCUPANCY AND STRATA SUBDIVISION - LOT 10 DP 270950 NO.

3 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 side setbacks and cut and fill 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 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).

ITEM-3 DA 15/2017/HA - ALTERATIONS AND ADDITIONS TO A CAFE AND PLANT NURSERY - LOTS 3 AND 6 DP 228920, NO. 658 OLD NORTHERN ROAD, DURAL

RESOLUTION

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

ITEM-4 DA 822/2018/HA - USE OF AN EXISTING STRUCTURE AS A SECONDARY DWELLING - LOT 8 DP 260628 NO. 15 LANGLANDS ROAD, ANNANGROVE

RESOLUTION

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

END MINUTES

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PAGE 5 ITEM-2 DA 1251/2018/ZB - SUBDIVISION CREATING TWO RURAL RESIDENTIAL LOTS ACCOMPANIED BY A VARIATION TO A DEVELOPMENT STANDARD - LOT 1 DP 1198559, 58A NELSON ROAD, NELSON

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: 5 JUNE 2018

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SUBDIVISION PLANNER

HARRISON DEPCZYNSKI

RESPONSIBLE OFFICER:

MANAGER – SUBDIVISION AND DEVELOPMENT CERTIFICATION

ANDREW BROOKS

Applicant Group Development Services

Owner J.J. and D.M. Young

Exhibition/ Notification 21 days Number Advised 13 Number of Submissions None

Zoning RU6 Transition

Site Area 3.85 hectares List of all relevant s4.15

matters Section 4.15 (EP&A Act) – Satisfactory The Hills LEP 2012 – Satisfactory

SEPP No 55 – Remediation of Land – Satisfactory SREP 20 Hawkesbury/ Nepean River – Satisfactory

DCP Part B Section 1 – Rural – Variation sought, see report Section 7.11 Contribution – Nil (development cost under

$100,000.00) Political Donation None Disclosed

Reason for Referral to DAU Variation to a development standard (7.5%) Recommendation Approval subject to conditions

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PAGE 6 EXECUTIVE SUMMARY

The Development Application is for the subdivision of the site into two torrens title rural residential lots. The minimum lot size for the site specified in The Hills Local Environmental Plan 2012 is 2ha. The application includes a request to vary this development standard as proposed lot 12 has an area of 1.85ha. This equates to a variation of 7.5%. The site is mapped as “Constrained Land” in The Hills Development Control Plan 2012 as it includes the High Conservation Corridor layer and the Riparian Corridor layer. These corridors are proposed to be protected through the implementation of two Restricted Development Areas on the site consistent with that created as part of the recent subdivision of the adjoining property (No. 2 Fairwren Close).

The proposal is Integrated Development as it seeks approval for a subdivision within bush fire prone land. The NSW Rural Fire Service have issued General Terms of Approval.

The application was notified locally and no submissions were received.

Although a 7.5% variation to the minimum lot size development standard is proposed, a better environmental planning outcome is achieved by preserving and managing the environmentally sensitive parts of the site in perpetuity to provide a long term connected ecology system where there is no existing obligation on the landowner to do so.

Approval of the application is recommended.

BACKGROUND

The existing lot was created in 16/09/2015 through the registration of a historical subdivision approval (S2910) which was originally approved on 20/02/1973. That subdivision excised a portion of the site fronting Nelson Road to create a smaller allotment (Lot 2 DP 1198559) containing an existing dwelling now known as No. 58 Nelson Road. The consent was granted when different subdivision standards applied to the site. Whilst the plan of subdivision was not registered until 2015, an endorsed final plan of subdivision (linen plan) was issued 5/11/1974 and reissued on 7/12/1992 on the basis of the original plan being misplaced.

PROPOSAL

The Development Application is for the subdivision of the site into two rural residential lots as illustrated on the Proposed Plan of Subdivision provided in Attachment 4. Lot 11 is a battle-axe shaped lot with proposed access from Fairywren Close via a proposed 4.5m wide right of carriageway easement through the adjoining property Lot 1 DP 1203752 (No. 2 Fairywren Close). Lot 12 has direct frontage and existing access to Nelson Road which will remain. Lot 12 contains an existing dwelling and shed on the site whilst lot 11 will be a vacant rural residential lot. The proposal includes the imposition of restricted development areas over both lots (refer to Attachment 3) consistent with DCP mapped high conservation and riparian corridors. These restricted development areas will be managed in perpetuity via a Vegetation Management Plan as required by the recommended conditions.

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PAGE 7 ISSUES FOR CONSIDERATION

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

The land is zoned RU6 Transition under The Hills Local Environmental Plan 2012 (THLEP).

Subdivision is permitted with consent pursuant to clause 2.6 of THLEP.

(ii) Zone Objectives

The site is zoned RU6 Transition under THLEP. The objectives of the zone are:

• To protect and maintain land that provides a transition between rural and other land uses of varying intensities or environmental sensitivities.

• To minimise conflict between land uses within this zone and land uses within adjoining zones.

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

The proposal is consistent with the objectives of the zone, in that the proposal will provide a balance between the planned rural setting established by the recent subdivision to the north along Fairywren Close, which created lots ranging from 2ha to 2.5ha, and protecting environmentally sensitive land through the implementation of restricted development areas. The existing and intended rural residential land use on the proposed lots is consistent with the zone objectives also.

(iii) Development Standards

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

CLAUSE REQUIRED PROVIDED COMPLIES

4.1 - Minimum

subdivision lot size 2 ha

Lot 11 - 2 ha Yes

Lot 12 - 1.85 ha No - 7.5% variation proposed Clause 4.1 Minimum Subdivision Lot Size

Clause 4.1 of the LEP establishes the minimum lot size applying to the site in conjunction with the associated Lot Size Map. More specifically, clause 4.1(3) states

The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

The LEP Lot Size Map specifies that the minimum lot size for this site is 2ha (refer Attachment 5). The proposal seeks to create lot 12 with an area of 1.85ha representing a variation to the development standard of 7.5%.

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PAGE 8 The application includes a Clause 4.6 request to vary the development standard in respect to the minimum lot size which is considered satisfactory. The merit of the Clause 4.6 variation is considered below.

Clause 4.6 Exceptions to Development Standards

Clause 4.6 provides the mechanism for a development standard to be varied where it is considered unreasonable or unnecessary in the specific circumstances of the case and where there are sufficient environmental planning grounds to justify the variation. The objectives are stated in Clause 4.6(1):

(a) To provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b) To achieve better outcomes for and from development by allowing flexibility in particular circumstances.

Further, clause 4.6(3) states that:

Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening the development standard.

The applicant has submitted a written request with the application that seeks to justify the contravention of the development standard (Refer Attachment 6). The justification in response to clause 4.6(3) (a) and (b) is as follows:

(a) It is considered that strict compliance with the standard would be unreasonable or unnecessary in the circumstances of this case for the following reasons:

• No additional clearing of vegetation will result as a consequence of the subdivision containing 2 residential lots as opposed to the current single lot. The developable area will be contained outside of the riparian corridor and mapped sensitive land and will not be altered by the proposal further to what the existing use of the land imposes.

• The approved development to the north of the property allows for the creation of an Right of Way for access over Lot 1 DP 1203752 in DA 369/2014/ZB in order to access proposed Lot 11 under this application. The utilisation of the public road (Fairywren Close) within the development to the north allows for access to proposed Lot 11, whilst avoiding construction over the environmentally sensitive aspects of the site. Draft linen plan/88b instrument and landowners consent has been provided as part of the submission of the application demonstrating Lot 1/1203752 support of the creation of the right of way.

• This plan satisfies the objectives of the clause (4.1 Minimum subdivision lot size) in which variation is proposed, by way of providing orderly development of the land and utilising already constructed road ways under previous development applications. The use of land outside of the site, provides for access to be maintained without reducing the lot size further.

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• The proposed additional lot (Lot 11) meets the required minimum lot size of 2 ha.

The variation to the clause, for a proposed undersized lot is related to Lot 12.

This lot already accommodates an appropriately sized dwelling, associated structures and services. All existing structures are proposed to be maintained without any proposed works to take place within this lot.

• The additional lot created under this application utilises the portion of land at the rear of the site which is predominantly cleared and underused by the current land owners. This area, if not subdivided into a separate lot in a way similar to what this application is proposing, would be left isolated and unable to be developed in the future.

• The proposal will not impact negatively on the streetscape of the locality as the proposal maintains the legal point of access for the exiting dwelling at Nelson Road. The use of the parent lot will remain unchanged and the additional lot at the rear of the site will provide further use of the land with separate access. This ensures that the prevailing character of the surrounding area is maintained, the street scape of Nelson Road is not altered, and the characteristics of the rural transition zone are preserved.

(b) It is considered that a contravention of the development standard is justified given that:

• The lot which is proposed to be undersized adequately contains a dwelling and associated services which will be retained. There is suitable area within this lot to satisfy required setbacks and private open space. The existing dwelling is situated within the front portion of Lot 12 which ensures that proposed Lot 11 is not adversely impacted by over shadowing or reduced privacy.

• The slight variation to the minimum lot size under this proposal does not contravene the objectives of the RU6 Transition Zone with the aim to maintain land uses within the large rural land holdings and the adjoining residential zone of the nearby Box Hill release area.

• The noncompliance will not result in any unreasonable impacts on adjoining properties. The adjoining property to the north is currently undergoing development and the proposal makes use of part of this development by utilising the private road to gain access to the additional Lot 11. It also remains consistent with the smaller lots proposed under this subdivision and creates a more streamlined streetscape of smaller rural residential lots.

• The non-compliance will not result in any unreasonable impacts upon the public domain. As discussed above, the character of the RU6 area is maintained as per previous use and this application provides large rural residential lots similar to nearby development which does not alter the character of the surrounding area.”

Clause 4.6(4) specifies:

“Development consent must not be granted for development that contravenes a development standard unless:

(a) the consent authority is satisfied that:

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PAGE 10 (i) the applicant’s written request has adequately addressed the

matters required to be demonstrated by subclause (3), and

(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b) the concurrence of the Secretary has been obtained.”

In regards to (a)(i), the applicant’s request has addressed the listed matters. It is further noted that in addressing clause 4.6(3)(a), the proposal includes the imposition of two Restricted Development Areas (RDA’s) registered on title over the site where DCP mapping identifies ‘high biodiversity corridors’ and ‘riparian corridors’. A condition is also imposed requiring a Vegetation Management Plan (VMP) to be prepared for the rehabilitation and management of native vegetation within the RDA’s. On environmental planning grounds, this results in a better ecological outcome where there is no existing obligation on the landowner to rehabilitate and manage native vegetation on the site.

This is considered in accordance with clause 4.6 objectives whereby allowing flexibility in this circumstance will likely achieve a better ecological outcome from the development through the implementation of restricted development areas and a vegetation management plan.

In regards to (a)(ii), the objectives of clause 4.1 are:

(a) to provide for the proper and orderly development of land, (b) to prevent fragmentation or isolation of land,

(c) to ensure that the prevailing character of the surrounding area is maintained.

The battle-axe arrangement for lot 11 with the use of a right of carriageway over the adjoining property at No. 2 Fairywren Close allows for the imposition of RDA’s on the site and prevents the isolation of lot 11 at the rear of the site. The battle-axe arrangement of lot 11 is consistent with the neighbouring property at No. 4 Fairywren Close. The prevailing rural large lot residential character of the surrounding area is maintained under this proposal which is also consistent with the adjoining subdivision along Fairywren Close adjoining to the north which contains lots ranging in size from 2ha to 2.5ha.

The objectives for the RU6 Transition Zone are stated earlier in this report. The proposal is consistent with the underlying objectives of the zone, in that the proposal will provide a balance between the planned rural setting established by the recent subdivision to the north along Fairywren Close, which created lots ranging from 2ha to 2.5ha, and protecting environmentally sensitive land through the implementation of RDA’s. The existing and intended rural residential land use on the proposed lots is also consistent with the zone objectives.

In regards to (b), concurrence is not required in this instance as the secretary has delegated the authority to Council staff.

With respect to clause 4.6(4)(b), Planning Circular PS 18-003 issued by the NSW Department of Planning and Environment (DPE) on 21 February 2018 states that the Secretary’s concurrence can be assumed in regard to lot size standards for dwellings in the RU6 zone provided that the lot is not less than 90% of the specified minimum lot size. Proposed lot 12 is 1.85ha which equates to 92.5% of the minimum lot size, therefore concurrence can be assumed.

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PAGE 11 2. Compliance with The Hills Development Control Plan 2012

The proposal has been assessed against the provisions of The Hills Development Control Plan 2012 (THDCP) particularly:

 Part B Section 1 – Rural

The proposed development achieves compliance with the relevant requirements of THDCP with the exception of an existing non-compliant frontage with is unaltered by the proposal:

CONTROL COMMENT

Building Platform

15m by 20m (minimum) Lot 11 is capable of providing a building platform 15m by 20m (minimum). Lot 12 contains an existing dwelling.

Minimum Frontage (Public Road Frontage) 60m

Lot 11 is a battle-axe lot and does not contain public road frontage. Lot 12 has a 46.33m frontage to Nelson Road which is non-compliant; however this is an existing non-compliance and is unchanged under this proposal.

Setback (Side) - 5m Both lots are capable of compliance.

Setback (Front) - 10m Both lots are capable of compliance.

Wastewater and effluent disposal areas Proposals must demonstrate sufficient area is available for any proposed on-site sewerage management and effluent disposal areas.

Wastewater and effluent disposal areas must be located on land that meets the following locational criteria:

• 40m from a dam or intermittent watercourse

• 100m from a permanent water course

• 6m from a structure, property boundary or native vegetation

• Not on slope greater than 15%

• Soil depth greater than 300mm

Lot 12 contains an existing wastewater system. Lot 11 has sufficient area for onsite sewerage management and effluent disposal areas as part of any planned future development of that lot.

3. Internal Referrals

The application was referred to following sections of Council:

 Engineering

 Environmental Health

 Tree Management

 Sustainability

 Resource Recovery

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PAGE 12 No objection was raised to the proposal (as amended) subject to conditions.

4. External Referrals

Integrated Development – NSW Rural Fire Service

The application is classified as ‘Integrated Development’ pursuant to s4.46 of the Environmental Planning and Assessment Act 1979 as it seeks to subdivide bushfire prone land. The Rural Fire Service has issued their general terms of approval in the form of a bushfire safety authority subject to conditions (Refer to proposed condition No. 2 and Appendix A of recommended conditions of consent).

CONCLUSION

The Development Application has been evaluated against the relevant matters for consideration under s4.15 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.

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. Approved Plan

The subdivision must be carried out in accordance with the approved plan of subdivision prepared by Chadwick Cheng Drawing Reference 36259/D1-2d-MGA Revision 3 dated 12/3/2018 and other supporting documentation except where amended by other conditions of consent.

2. Compliance with Rural Fire Service Requirements

Compliance with the requirements of the Rural Fire Service throughout all stages of the subdivision as outlined in their letter dated 10/05/2018 Ref D18/292 attached to this consent as Appendix A.

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PAGE 13 3. Subdivision Certificate Preliminary Review

Prior to the submission of a Subdivision Certificate application a draft copy of the final plan, administration sheet and Section 88B instrument (where included) must be submitted in order to establish that all conditions have been complied with.

Street addresses for the lots within this subdivision will be allocated as part of this preliminary check process, for inclusion on the administration sheet.

4. Management of Construction Waste

Any waste generated as a result of construction for the development is to be reused and recycled where possible, and any residual waste is to be disposed of at a licenced waste facility. 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. 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. 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.

5. Disposal of Surplus Excavated Material

The disposal of surplus excavated material, other than to a licenced waste facility, is not permitted without the previous written approval of Council prior to works commencing on site. Any unauthorized disposal of waste, which includes excavated material, is a breach of the Protection of the Environment Operations Act 1997 and subject to substantial penalties. 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.

6. Tree Removal

Approval is granted for the removal of 2 trees highlight for removal on the Tree Removal Plan Prepared by GDS dated 21/12/2017.

All other trees are to remain and are to be protected during all works. Suitable replacement trees are to be planted upon completion of construction.

7. Replacement Planting Requirements

To maintain the treed environment of the Shire 2 advanced (min 45 litre) replacement trees from the following list are to be planted elsewhere within the property.

Eucalyptus acmenoides White Mahogany

Eucalyptus creba Narrow Leaved Ironbark

Eucalyptus fibrosa Broad leaved Ironbark

Eucalyptus moluccana Grey Box

Eucalyptus pilularis Blackbutt

Eucalyptus piperita Sydney Peppermint

Eucalyptus punctata Grey Gum

Eucalyptus resinifera Red Mahogany

Eucalyptus tereticornis Forest Red Gum

8. Retention of Trees

All trees not specifically identified on the approved plans for removal are to be retained and protected during all works. There is to be no encroachment of any kind into the tree protection zone of trees within proposed lot 11 and 12. Specifically:

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PAGE 14

 Prior to the issue of the construction certificate a project arborist is to be engaged to install tree protection measures in accordance with AS4970:2009 Protection of trees on Development Sites.

 The portion of the proposed driveway within lot 11 is to be constructed above natural ground level to ensure there is no disturbance within the tree protection zone of the Eucalyptus trees in this area. Any future extension of this driveway into lot 11 must be constructed in the same manner.

 Proposed material stockpiles are to be relocated outside of tree protection areas in consultation with the project arborist.

9. 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) Driveway Requirements

The design, finish, gradient and location of all driveway crossings must comply with the above documents and Council’s Driveway Specifications.

A 4.0m wide (minimum) formed all weather driveway, built to Council’s rural standard, must be provided within the proposed right of access way between Fairywren Close and proposed lot 11.

A separate vehicular crossing request fee is payable as per Council’s Schedule of Fees and Charges.

b) 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.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 10. Vegetation Management Plan

A Vegetation Management Plan must be prepared strictly in accordance with Council’s Vegetation Management Plan Guideline (available on Council’s website www.thehills.nsw.gov.au). The Plan must be prepared by a suitably qualified bush regenerator or restoration ecologist with a minimum Certificate IV in Conservation Land Management. The Plan must be submitted to Council’s Manager – Environment and Health for approval.

The Vegetation Management Plan must include details relating to:

 The rehabilitation and management of native vegetation within the Community Association Lot/ Restricted Development Area.

 The production of an information fact sheet (maximum 1 page double sided) prepared in accordance with Council’s Guidelines for preparing Information Fact Sheet (available on Council’s website).

 The wording and erection of signage at key locations.

 The location and type of fencing required.

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PAGE 15 11. Project Arborist to Install Tree Protection Fencing

Prior to the issue of a Construction Certificate, a minimum AQF level 5 Arborist is to be engaged to install tree protection fencing in accordance with AS 4970:2009 Protection of Trees on Development Sites for trees located adjacent the proposed driveway within lot 11 and 12.

PRIOR TO WORK COMMENCING ON THE SITE 12. Bushland Protection Fencing

Prior to any works commencing on site temporary or permanent bushland protection fencing must be in place at the following locations:

 Along the boundary of the Restricted Development Areas as marked on the plan showing proposed subdivision prepared by Chadwick Cheng dated 18/10/2017 (Reference 36259/D1-2d-MGA)

The temporary fence is to be a minimum chain-wire fence or parra-webbing or similar and be suitable to restricted unauthorised entry. If temporary fencing is installed it must remain in place until the installation of permanent fencing.

The temporary fence is to stop the following occurring:

 Stockpiling of materials within significant bushland.

 Placement of fill within significant bushland.

 Parking of vehicles within significant bushland.

 Compaction of soil within significant bushland.

 Cement washout and other chemical or fuel contaminants within significant bushland.

 Damage to threatened plants and their habitat.

Permanent fencing is to be in accordance with the approved Vegetation Management Plan (required by this consent) and installed prior to issue of the Subdivision Certificate.

13. Tree Protection Fencing

Prior to any works commencing on site Tree Protection Fencing must be in place around trees or groups of trees nominated for retention. The location of fencing shall be installed around the Tree Protection Zone (TPZ) as calculated under AS4970 (2009) Protection of trees on development sites.

The erection of a minimum 1.8m chain-wire fence to delineate the TPZ is to stop the following occurring:

 Stockpiling of materials within TPZ;

 Placement of fill within TPZ;

 Parking of vehicles within the TPZ;

 Compaction of soil within the TPZ;

 Cement washout and other chemical or fuel contaminants within TPZ; and

 Damage to tree crown.

14. Tree Protection Signage

Prior to any works commencing on site a Tree Protection Zone sign must be attached to the Tree Protection Fencing stating “Tree Protection Zone No Access” (The lettering size on the sign shall comply with AS1319). Access to this area can only be authorised by the project arborist or site manager.

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PAGE 16 15. Mulching within Tree Protection Zone

Prior to any works commencing on site all areas within the Tree Protection Zone are to be mulched with composted leaf mulch to a depth of 100mm.

16. Engagement of a Project Arborist

Prior to works commencing, a Project Arborist (minimum AQF Level 5) is to be appointed and the following details provided to Council’s Manager – Environment and Health:

 Name:

 Qualification/s:

 Telephone number/s:

 Email:

If the Project Arborist is replaced, Council is to be notified in writing of the reason for the change and the details of the new Project Arborist provided within 7 days.

DURING CONSTRUCTION

17. Protection of Existing Vegetation

Vegetation not authorised for removal by this consent shall be protected during construction to ensure that natural vegetation and topography on the subject site is not unnecessarily disturbed.

Any excavated material not used in the construction of the subject works is to be removed from the site to a licensed facility and under no circumstances is to be deposited in bushland areas.

18. Project Arborist

The Project Arborist must be on site to supervise any works in the vicinity of or within the Tree Protection Zone (TPZ) of any trees required to be retained on the site or any adjacent sites.

Supervision of the works shall be certified by the Project Arborist and a copy of such certification shall be submitted to The Hills Shire Councils Manager Environment and Health within 14 days of completion of the works.

19. Standard of Works

All work must be carried out in accordance with Council’s Works Specification Subdivisions/ Developments and must include any necessary works required to make the construction effective. All works, including public utility relocation, must incur no cost to Council.

20. Working Hours

All work must be restricted to between the hours of 7:00am and 5:00pm, Monday to Saturday. No work can occur outside the hours specified above on Sundays or public holidays. The contractor must instruct sub-contractors regarding the hours of work.

PRIOR TO ISSUE OF A SUBDIVISION CERTIFICATE 21. Compliance with Rural Fire Service Requirements

A report/ letter from a qualified bushfire consultant must be submitted confirming that the requirements of the Rural Fire Service have been complied with.

22. Subdivision Certificate Application

When submitted, the Subdivision Certificate application must include:

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PAGE 17

 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).

23. Completion of Subdivision Works/ Satisfactory Final Inspection

A Subdivision Certificate cannot be issued prior to the completion of all subdivision works covered by this consent. A satisfactory final inspection by Council’s Construction Engineer is required.

24. 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.

25. 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.

26. 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.

27. Final Plan and Section 88B Instrument

The final plan and Section 88B Instrument must provide for the following. Council’s standard recitals must be used.

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PAGE 18 a) Easement – Right of Access/ Easement for Services

A right of access/ easement for services must be created over the access handle of lot 11.

b) Restriction – Stormwater Management (Rural)

Lot 11 must be burdened with a restriction using the “stormwater management (rural)”

terms included in the standard recitals.

c) Restriction/ Covenant – Asset Protection Zone

Both lots must be burdened with a restriction and a positive covenant using the “bushfire requirements/ asset protection zone” terms included in the standard recitals:

 Lots with a defined asset protection zone measured to a boundary or restricted development area (see below) require a restriction and a positive covenant that refers to an area defined on the plan.

 Lots with a defined approved dwelling footprint require a separate restriction (see above) within the nominated asset protection zone.

 The restriction and positive covenant must specifically identify that the asset protection zone referred to earlier has been determined based on a performance based solution as noted in the Rural Fire Service comments attached to this consent.

d) Restriction/ Covenant – Vegetation Management Plan

The Restricted Development Area (as shown on the plan showing proposed subdivision and details and levels over Lots 1 and 2 in DP1198559 at 58 Nelson Road, Nelson prepared by Chadwick Cheng dated 18/10/2017 reference 36259/D1-2d-MGA) must be burdened with a restriction and a positive covenant using the “Vegetation Management Plan/ Restricted Development Area” terms included in the standard recitals.

e) Restriction/ Positive Covenant – Building Platform

Lots 12 must be burdened with a restriction using the “building platform” terms included in the standard recitals.

Council’s standard recitals are available on Council’s website (www.thehills.nsw.gov.au) and must be used.

28. Vegetation Management Plan (VMP) Implementation

All performance criteria for the first 5 years of the VMP must be complied with prior to the issue of a Subdivision Certificate.

A statement certifying such compliance must be provided by the author of the VMP or an equally qualified and experienced person.

Consideration may be given to early release of a Subdivision Certificate in lieu of this by agreement with Council’s Manager – Subdivision and Development Certification, based on alternative arrangements to secure the completion of works.

Such agreement must comply with s109J(2) of the EP&A Act and will be conditional upon there being no circumstances prohibiting the issuing of a Subdivision Certificate contained within s109J(1) of the EP&A Act at the time of any such agreement.

THE USE OF THE SITE

29. Management of Area Subject to Vegetation Management Plan (VMP)

Any area that is subject to a Vegetation Management Plan (VMP) shall be managed in accordance with the approved VMP in perpetuity by the property owner/s.

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PAGE 19 Appendix A

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PAGE 22 ATTACHMENTS

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

4. Proposed Plan of Subdivision 5. Minimum Lot Size Map

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PAGE 23 ATTACHMENT 1 – LOCALITY PLAN

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PAGE 24 ATTACHMENT 2 – AERIAL PHOTO

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PAGE 25 ATTACHMENT 3 – SITE PLAN

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PAGE 28 ATTACHMENT 4 – PROPOSED PLAN OF SUBDIVISION

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PAGE 29 ATTACHMENT 5 – MINIMUM LOT SIZE MAP