The condition must be amended to address an addendum to the approved acoustics report specifically given the move of the exercise room to the ground floor. The condition must be amended to address an addendum to the approved acoustics report specifically given the move of the exercise room to the ground floor.
Section 4.56 of the Environmental Planning and Assessment Act 1979
An amendment to LEP 2012 was made on 16 March 2018 which included additional controls applicable to retail properties and condominiums as part of mixed use development (clause 4.3A). It is noted that jurisprudence shows that for the application of art. 4.55 and 4.56 no art. 4.6 Exceptions to Development Standards is required.
Compliance with The Hills Development Control Plan
Courts have held that SEPP 1 cannot be used at the Section 4.56 stage, as SEPP 1 expressly only applies "where a development application is made", not where a modification application is made. The same would apply to variations of clause 4.6, which expressly only governs whether "development consent" can be granted, not whether an existing consent can be modified.
Issues Raised in Submissions
The building must be limited to 9 meters high according to the Land and Environment Court decision.
Internal Referrals
Development in accordance with submitted plans
Acoustic requirements
Loudspeakers must be mounted with isolation mounts so that they are structurally separated from the building. Amplified sound equipment (such as televisions and stereo systems) should only be controlled by gymnasium personnel.
Protection of Internal Noise Levels
The choice of additive must be reviewed by a qualified acoustic consultant before installation. Pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a condition of this development consent that all obligations set out in BASIX Certificate No. Any subsequent version of this BASIX certificate will supersede all previous versions of the certificate.
Certification by an acoustics consultant that all sound suppression components, as determined prior to the issuance of the building certificate, have been installed must be provided to the council before a vocational certificate is issued. Before a professional certificate is issued, the following restrictions/positive covenants must be registered on the title of the site in question through an application document, Section 88B instrument associated with a plan, or the like. The amendment request of Article 4.55(1A) is for the amendment of an approved multi-family housing complex consisting of seven units with minor external changes to the front facades and to the rear of the private open spaces of the units.
The proposed change to the landscape area is considered reasonable and will not result in unacceptable impacts to future residents of the development or residents in neighboring areas. These concerns are addressed in the report and do not warrant rejection of the application. Following consultation with the Council's Landscape Architect, conditions of consent were prepared to allow the construction of decorative fencing as approved with timber infill boards whilst ensuring that the root system of the trees in the nature belt is not affected by suitable methods of construction.
Lowered ground level in townhouses 6 and 7, lowered by 810mm to accommodate the revised rainwater collection tank level;.
Compliance with LEP 2012
Compliance with DCP 2012
The DCP requires a minimum of 50% of the site to be landscaped. We have considered the controls set out in Part B of The Hills DCP and are satisfied that the proposal to convert the grassed area to the rear of townhouses 1, 2 and 3 to a mixture of timber decking and planter boxes is a planning good result and is not only practical but is in line with the purpose of DCP. The changed design includes planter boxes that will enable screen planting to be grown at the edges of the open space area.
Ensure that vegetation removed as part of the land development process is replaced by suitable endemic species in line with Council ESD target 4.vii). The proposal is in line with the objectives of the audit and a deviation is considered acceptable in this case. The three-storey building at the front of the property (containing townhouses 1, 2 and 3) has been approved as Grade 1a and 10a at the building certificate stage.
Following an inspection of the constructed building by Council staff, it is considered that the building should be classified as a Class 2 and Class 7a building. The issues raised in the applications have been addressed in the report and do not justify the rejection of the application.
Development in Accordance with Submitted Plans
The amendment to Section 4.55(1A) has been reviewed against the relevant considerations under Section 4.15 of the Spatial Planning and Assessment Act, 1979, The Hills Local Environmental Plan 2012 and The Hills Development Control Plan 2012 and is considered satisfactory considered. The proposed development is consistent with the planning principles, vision and objectives set out in "Hills 2026 - Looking to the Future" as the proposed development provides satisfactory urban growth without adverse environmental or social impacts and ensures that a consistent built form is offered with respect to the streetscape and the neighbourhood. No work (including excavation, pouring or soil deformation) may be carried out prior to the issuance of the building certificate, if a building certificate is required.
Onsite Stormwater Detention – Hawkesbury River Catchment Area
An application for a Building Information Certificate must be submitted within 30 days of the D/A's determination date for the works that have been carried out in breach of the approved plans for Terraced Houses 4-7 and for the unauthorized retaining walls. Hand excavation shall be performed within the Tree Protection Zone (TPZ) of existing trees to be preserved under the supervision of the Project Arborist. Landscaping of the site must be carried out prior to the issuance of any Certificate of Occupancy (within each phase, if applicable).
The Development Application is for the demolition of the existing dwelling and construction of a part two/part three storey dwelling and retaining walls at 4 Savoy Court, West Pennant Hills. The proposed development is not considered to have an unreasonable impact on the existing or future character of the location. Of the four (4) submissions received, one (1) submission was withdrawn after clarification and amendments to the design, i.e.
The application concerns the demolition of the existing house and the construction of a two- or three-storey house with retaining walls on the relevant lot, which is currently one lot. On the top floor of the house there will be another three (3) bedrooms, a theater room, bathrooms and a balcony.
The proposal has been assessed against the provisions of The Hills Development Control Plan (THDCP), in particular:-. The proposed development has been assessed against the provisions of Part B, Section 2 – Residential (THDCP) and meets the relevant requirements. The proposal is consistent with the objectives of DCP Part B, Section 2 – Housing (THDCP) as the proposed home sympathetically blends with neighboring and nearby developments to create a consistent streetscape and character.
Issues Raised in Submissions
Affecting privacy and views of neighboring properties from the top floors of the development. The proposal has been modified for privacy and views from the upper floors of the residence to the neighboring properties. In view of the concerns expressed, fixed privacy measures have been implemented in the design of the balcony.
The upstairs balcony includes two 1.5m high privacy screens on the sides of the balcony as measured from the (FFL) in an effort to minimize the view and preserve the amenities for the adjacent properties (See Attachment 4 - Elevations) . Due to the size of the proposal, it is assumed that the availability of on-street parking will not change significantly. The lot size cannot be changed as part of the current development application.
Despite the above, the proposed dwelling and associated hard standing areas on the site achieve compliance with Clause 2.14.9 of the Residential Development Control Plan (THDCP), Part B – Section 2. The private open space of the proposed development receives the minimum required solar access on June 21 within Proposed Lot 1 approved under Subdivision DA 1108/2017/ZA.
Internal Referrals
The proposal achieves compliance with building height, minimum setback controls, site coverage and landscape area which govern the bulk and scale of new development. The proposal complies with the objectives of the R2 zone and will retain the residential character of the locality whilst providing a modern dwelling to suit the needs of the owner. While the proposal will be taller than the existing dwelling, it is not permitted to exceed the maximum height limit of 9 meters specified in the (LEP).
With regard to privacy to the rear garden, the upstairs window on the first floor is fitted with a casement window, which is 6 feet high from the finished floor level (FFL), and most of the windows on the lower floor will are obscured by a 1.8 m high fence (see Appendix 4 - Elevations). With regard to the front balcony on the top floor, although the front balcony is oriented towards the front of the development, the revised design incorporates fixed privacy screens on the sides of the balcony to minimize views of the adjacent residence's roof form and rear garden . The development application has been reviewed against the relevant considerations under Section 4.15 of the Planning and Assessment Act 1979, The Hills Local Environmental Plan 2012 and The Hills Development Control 2012 Management Plan and is considered satisfactory.
The issues raised in the applications have been addressed in the report and do not justify any further changes or rejection of the application. The development shall be carried out in accordance with the following approved plans and details stamped and returned with this consent, unless varied by other terms of the consent.
Construction Certificate
Building Work to be in Accordance with BCA
Adherence to Waste Management Plan
Management of Construction and/or Demolition Waste
Provision of Domestic Waste Storage Area
PAGE 100 bins to be wheeled on the road over flat or sloping surfaces, with a scale of no greater than 1:14 and not over steps, curbs, landscape edges or through a habitable area of the dwelling.
Demolition Inspections
Demolition Notification
External Finishes
Reflective Qualities
Restriction on Building Use
Air Conditioning Unit Location
Vehicular Crossing Request
Works within Right of Carriageway
Planting Requirements
Section 7.12 Contribution
Construction Certificate plans to satisfy Acoustic Requirements
Details and Signage - Principal Contractor and Principal Certifying Authority Details
Erecting suitable fencing or other measures to restrict public access to the construction site and construction work, materials or equipment when construction work is not in progress or the construction site is otherwise vacant. Placing a sign, in a prominent place, stating that unauthorized access to the premises is not allowed and stating the name and telephone number of the contact outside office hours.
Consultation with Service Authorities
Approved Temporary Closet
Erosion and Sedimentation Controls
Stabilised Access Point
Sydney Water Building Plan Approval
Tree Protection Fencing
Tree Protection Signage
Mulching within Tree Protection Zone
Survey Report and Site Sketch
Dust Control
Compliance with BASIX Certificate
All fill must be kept within the fall edge beam as indicated on the approved plans. No fill may be placed on the exterior of the building, unless otherwise indicated on the approved plans.
Landscaping Works
Compliance with Critical Stage Inspections and Inspections Nominated by the PCA
Roof Water Drainage
Location of Works
Retaining Wall Drainage
Earthworks to be Retained
Project Arborist
Privacy Screening
Completion of Engineering Works
Landscaping Prior to Issue of any Occupation Certificate
