The Development Application is for the use and adaptation of Lease 2 of the former "Masters". The proposed development includes a change to the minimum parking requirements, in accordance with Part C Section 1 – Parking of the Hills Development Control Plan 2012 (THDCP 2012).
Vacant/Proposed Gymnasium (312/2019/HA) Bulky Goods – 1 space per 40m 2 GFA
Rebel Sport
Vacant
Child Care Centre
Issues Raised in Submissions
In response to concerns about individuals who may use the gym, it is expected that the gym will attract local members of the community. As noted above, no change to the overall use of the site as a bulk storage facility is proposed.
Internal Referrals
It is understood that the proposal has been approved as space for bulky goods and no amendment to that approval is proposed. In summary, the report indicates that the RMS parking rates for areas with large goods are appropriate.
External Referrals
Development in Accordance with Submitted Plans
No work (including excavation, backfilling or reshaping) shall be undertaken prior to the issue of a Construction Certificate where a Construction Certificate is required.
Construction Certificate
Compliance with NSW Police Force
Building Work to be in Accordance with BCA
Vehicular Access and Parking
The largest vehicle allowed in the pre-hire delivery area 7 will be a Heavy Rigid Vehicle (HRV).
Hours of Operation
Provision of Parking Spaces
Separate application for signs
Management of Construction and/or Demolition Waste
Management of Construction and/ or Demolition Waste
Pursuant to section 4.17 (1) of the Planning and Environmental Assessment Act 1979 and Section 7.12 Hills Contribution Plan, a contribution will be paid to the Council. This amount shall be adjusted at the time of the actual payment in accordance with the provisions of Section 7.12 Hills Contribution Plan.
Noise Management Plan
Please be informed that the maximum percentage of development charge under Section 7.12 of the Act with the proposed construction costs is within the range set out in the table below;. Details of the noise management plan review process to be completed and carried out at least annually; and.
Clause 94 Building Upgrade
Action to be taken in the event of excessive noise from people inside the parking area or noise breaking out inside the gym, including a process for resolving complaints received regarding noise from members and/or their cars or car sound systems . Provision of information for neighbours, including the issue of the noise management plan to any potentially affected neighbour, a complaints register and contact details of the person responsible for investigating objectionable noise complaints;.
Completion of Engineering Works
Offensive Noise – Residential
Noise Management Signage
Noise Management Plan to be kept on site
Noise Management Plan distribution
This report must include, but not be limited to, details verifying that the noise control measures in place at the gym are effective in reducing noise to an acceptable noise level and that the activities do not give rise to "obnoxious noise" such as defined under the Protection. of the Environmental Industry Act 1997 and that the operational noise levels as set out in the table below have been met. If the acoustic compliance report reveals that the acoustic conditions set out in the development consent are not met, including the requirement that noise from the gym is inaudible within neighboring residential buildings, then the report must recommend acoustic measures to those implemented to ensure compliance with the conditions of consent.
Noise Management Plan Compliance
Within three months of the issue of the occupation certificate, an acoustic compliance assessment must be carried out by a suitably qualified person in accordance with the NSW EPA - Industrial Noise Policy and submitted to the Head of Council - Environment and Health for consideration.
Acoustic measures
Offensive Noise
Any lighting on the site must be designed so as not to cause a nuisance to other dwellings in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by shedding light. All lighting must comply with Australian Standard AS 4282:1997 Control of Obtrusive Effects of Outdoor Lighting.
External areas – no training
Use of Studio 3
Furthermore, the development will not have a negative impact on the functionality of the overall public road network. The development application seeks approval for the demolition of the existing structures on the site and tree removal to facilitate subdivision, road construction and associated works.
The application seeks consent for the demolition of existing structures on the site and therefore complies with this LEP requirement. The subject location is located on the land identified on the Lot Size Map according to clause 4.1 of the LEP.
Compliance with The Hills Development Control Plan 2012
The variation to the secondary street setback is smaller in relation to the development and the area as a whole. The finished ground levels of the proposed development are consistent with those of the approved development to the northwest.
External Referrals
The proposed development is consistent with the planning principles, vision and objectives outlined in "Hills 2026 - Looking to the Future" as the proposed development provides for satisfactory urban growth without detrimental environmental or social benefits and provides a consistent built form while respecting the streetscape and general locality . The subdivision must be carried out in accordance with the approved plans set out in the table below and other supporting documents submitted in connection with the construction, unless varied by other conditions of consent.
Subdivision Certificate Preliminary Review
External Finishes
Planting Requirements
Fencing and Utility Installations
Compliance with Natural Resources Access Regulator
Compliance with Office of Environment and Heritage
Adherence to Waste Management Plan
Both the municipality and all neighboring properties must be notified in writing five days before the start of demolition work. This can be achieved by on-site source separation, i.e. metal scrap bin, wood bin, brick bin etc.
Disposal of Surplus Excavated Material
Commencement of Domestic Waste Service
Provision of Domestic Waste Storage Area
Construction Certificate
Building Work to be in Accordance with BCA
Construction Certificate – Subdivision Works
Approved Street Naming
Unless otherwise approved by Council, Street 3 in this development shall be called Elena Avenue which is no longer required as a street name a little further north; is subject to the street type change from Avenue to reflect the fact that it terminates at a street header.
Street Trees
Recycled Water – Rouse Hill/ Sydney Water
Road Opening Permit
Protection of Public Infrastructure
Structures Adjacent to Piped Drainage Easements
Vehicular Crossing Request
Do not submit the vehicle crossing request until the contactor is known and the ramp will be constructed.
Minor Engineering Works
Staging Requirements/ Access
Tree Removal
Before paying the above contributions the applicant is advised to contact Council's Development Contributions Officer on 9843 0268. Western Sydney Growth Areas - Payment of the Special Infrastructure Contribution. A special contribution for infrastructure must be paid in accordance with the environmental law.
The following financial contributions are to be paid to Council in accordance with Section 7.11 of the Environmental Planning and Assessment Act 1979 to meet the increased demand for public facilities and services resulting from the development. Council Contribution Plans can be viewed at www.thehills.nsw.gov.au or a copy can be inspected or purchased at the Council Administration Centre.
Works on Adjoining Land
Stormwater Discharge Acceptance
A 2.5 m wide concrete cycle/shared path, including ramps at all intersections, must be provided on the east side of Pasquale Avenue (1) in accordance with the DCP and the above documents. The temporary retaining wall along the southern edge of Pasquale Avenue (Road 2) will need to be modified in response to the conditional changes to that road design (see construction of partial width roads earlier/above).
Security Bond Requirements
Grass drains or temporary piped drains should be installed to capture, control and redirect surface stormwater runoff from upstream undeveloped properties. l) Drainage of storm water - stream outlets. A storm water drainage pipe supply shall be provided for the entire area of each lot.
Controlled Activity Authority – Natural Resources Access Regulator
Retaining walls between lots must be on the high side lot being retained, except easements are required for support on the adjacent low side lot. k) Rainwater drainage – Temporary works. Specifically, Pasquale Avenue's creek outlet is to be extended to the low-flow channel in Strangers Creek; different insofar as stated on the draft engineering plan drawn up by C&M Revision 03. m) Inter-allotment Stormwater Drainage.
Separate Approval for WIK/ MPB Agreement
Each batch shall be graded evenly to the lowest point where an entrance pit shall be provided with a grated surface. The Detailed Plan must be accompanied by an Erosion and Sediment Control Plan (ESCP) or a Soil and Water Management Plan (SWMP) prepared in accordance with the Blue Book and Council Works Specification Subdivision/Developments.
Security Bond – Road Pavement and Public Asset Protection
A SWMP is required when the total size of the disturbed area exceeds 2,500 square meters, otherwise an ESCP is required. A SWMP requires both drawings and associated comments (including calculations) regarding erosion controls, sediment controls, maintenance notes, stabilization requirements, and Blue Book standard drawings.
Rainwater Reuse Tank/s
Bushland Protection Fencing
Demolition Works and Asbestos Management
Discontinuation of Domestic Waste Services
Traffic Control Plan
Erection of Signage – Supervision of Subdivision Work
Contractors Details
Erosion and Sediment Control/ Soil and Water Management
Service Authority Consultation – Subdivision Works
Pavement Design
Property Condition Report – Public Assets
Compliance with BASIX Certificate
Tree Removal and Fauna Protection
Contamination – Remedial Action Plan
Contamination
Asbestos Removal
Removal of Septic Tank and Effluent Disposal Area
Standard of Works
Critical Stage Inspections – Subdivision Works
Subdivision Earthworks – Lot Topsoil
Aboriginal Archaeological Sites or Relics
Aboriginal Heritage Impact Permit
European Sites or Relics
Working Hours
Requests to carry out roadworks on existing public roads at night to avoid impacts to local traffic will also be considered on a site-by-site basis and must be approved in writing by the Township Manager - Subdivision and Development Certification. A letter from the Natural Resource Access Regulator confirming that all work related to the Controlled Activities Authority has been completed to their satisfaction must be submitted.
Compliance with Office of Environment and Heritage Requirements
Kellyville/ Rouse Hill Release Area – Regional Transport Infrastructure Contribution
Subdivision Certificate Application
Maintenance of BASIX Commitments
Ecological Information Fact Sheet
Permanent Fencing
Biodiversity Compliance
Tree removal and fauna protection – Details prepared by the project ecologist showing compliance with the tree removal and fauna protection conditions of this consent.
Validation Report
Completion of Engineering Works
Property Condition Report – Public Assets
Completion of Subdivision Works/ Satisfactory Final Inspection
Subdivision Works – Submission Requirements
A performance/maintenance bond of 5% of the total cost of the subdivision works is required to be lodged with Council. The bond will be held for a minimum defects liability period of six months from the certified date of completion of the subdivision works.
Confirmation of Pipe Locations
The security deposit is returned upon written application to the Council and is subject to a final review.
Section 73 Compliance Certificate
Provision of Electrical Services
Provision of Telecommunication Services
Site/ Lot Classification Report – Vacant Residential Lots
Final Plan and Section 88B Instrument
Landscaping
There is a pre-existing breach of the 4m control from the dwelling to the western and southern boundary. It is proposed that four trees be removed from the site to facilitate the additions to the dwelling house and paving works.
Compliance with DCP Part B Section 2 - Residential
As the existing dwelling does not run parallel to any of the site boundaries, the proposed works are located to minimize impact on existing site features. The existing dwelling abuts the required setback along the southern boundary of the site.
Issues Raised in Submissions
The proposed works are designed to reflect the style of the existing dwelling and to maintain the existing level of visual quality on the site. The proposed works to the north side of the existing dwelling include another minor encroachment on the setback area as defined in the DCP.
Internal Referrals
Concerns were raised about the proposed location of the sediment control fence with particular regard to the proximity to the shared right of way serving the property and adjoining property. Concerns were raised in relation to the potential impact of the proposed brick box enclosure located on the southern boundary of the site, and in particular the impact on the existing tree.
External Referrals
Concerns were raised that the proposed development would impede the adjoining property owners from accessing the shared carriageway on the site and accessing their property. Any boundary fence is subject to the Partition Fence Act and is a matter between the two property owners.
External Finishes
The development is being carried out in accordance with the following plans and details approved, sealed and returned with this consent, unless varied by other conditions of the consent.
Tree Removal
At the commencement of construction work and in perpetuity the entire property must be managed as an Internal Protection Area (IPA) as described in Section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for Asset Protection Zones «. The intention of measures is that buildings are designed and constructed to withstand the potential impacts of bushfire attacks.
Replacement Planting Requirements
The intent of the measures is to provide sufficient space and maintain a reduced fuel load to ensure that radiant heat from buildings remains below critical limits and to prevent direct flame contact with a building.
Minor Engineering Works
Construction Certificate
Building Work to be in Accordance with BCA
Management of Construction and/or Demolition Waste
Provision of Domestic Waste Storage Area(s)
Right of Carriageway
Pump-out Wastewater Tank
Wastewater Tank
Sydney Water Building Plan Approval
See http://www.sydneywater.com.au/tapin/index.htm, Sydney Water Tap in™ or call 13 20 92.
Trenching and excavation within Tree Protection Zone
Consultation with Service Authorities
Approved Temporary Closet
Erosion and Sedimentation Controls
Stabilised Access Point
Details and Signage - Principal Contractor and Principal Certifying Authority Details
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 on request before work commences. Please see website http://www.sydneywater.com.au/tapin/index.htm, Sydney Water Tap in™, or phone DEVELOPMENT ASSESSMENT UNIT MEETING 4 JUNE 2019.
Engagement of a Project Arborist
Survey Report and Site Sketch
Compliance with BASIX Certificate
Critical Stage Inspections and Inspections Nominated by the PCA
Inspections may only be carried out by the PCA, unless the PCA has previously agreed and provided that this person is an accredited verifier.
Roof Water Drainage
Dust Control
Project Arborist
A separate development application for a residential apartment (DA 1235/2018/JP) above cadastre 10 in this plan; is the land west of the extension of Maitland Place. Proposed Road 01 – The extension of Maitland Place is planned to be constructed and dedicated as a public road; as set out by the approved planning proposal (5/2016/PLP), which culminated in a voluntary planning agreement (9/2019/VPA).
Minimum subdivision lot size
The proposal does not seek permission for the use or development of the two mixed use/. Rather, it creates those plots which correspond to the zone boundary line and provide for the road connection necessary to serve the planned development of the site as contemplated with the preceding planning proposal.
Heritage Conservation
To enable other land uses that provide facilities or services to meet the daily needs of residents. The proposal is in line with the stated objectives for both zones, as the proposal will provide a diversity of housing types within a dense residential area as well as provide a number of business park opportunities and employment opportunities within the local area.
Development on certain land within the Sydney Metro Northwest Urban Renewal Corridor
Voluntary Planning Agreement
The approved Planning Proposal (5/2016/PLP) resulted in a Voluntary Planning Agreement (9/2019/VPA) in relation to the construction and dedication of the extension to Maitland Place proposed in this development application. The proposed subdivision plan complies with the Voluntary Planning Agreement in relation to the location, formation and area of the proposed road.
Demolition Notification/ Works
Columbia Way (existing) has been designated on the plan as "Proposed Road 02" and will not be open to the public as a road. The proposed 01 Road/Maitland Place Extension to Spurway Drive is to be dedicated to the public as a road in accordance with the VPA agreement (see condition 12 below).
Subdivision Certificate Preliminary Review
Any material moved to another location must be transported in accordance with the requirements of the Protection of the Environment Operations Act 1997 and only to a place that can be legally used as a disposal facility. The separation and recycling of the following waste materials is mandatory: metals, wood, masonry products and clean waste plasterboard.
Disposal of Surplus Excavated Material
Waste materials must be properly stored and secured in a designated waste area on site at all times before being reused on site or shipped to another location. The builder must provide a separate dedicated bin on site for the disposal of waste materials such as paper, containers and food scraps generated by all employees.
Tree Removal
This includes waste materials such as paper and containers that are not allowed to litter the premises or leave the premises on adjacent public or private property. Receipts for all landfill/recycling must be kept on site at all times and presented in legible form to any authorized officer of the municipality who requests it.
Construction Certificate – Subdivision Works
Construction 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 construction waste container in a public place.
Street Naming
Street Trees
Details demonstrating compliance with the above must be submitted for approval before street trees are planted. Alternatively, street trees may be planted by the Council on payment of an appropriate fee in accordance with the Council's Schedule of Fees and Charges.
Road Opening Permit
Planning Agreement
Security Bond Requirements
The establishment of street tree planting is included in the maintenance bond required to be paid. To be equal to the amount required to be paid in accordance with the relevant condition;.
Erosion and Sediment Control/ Soil and Water Management Plan
Should the Council have to lift the bond, the applicant will be notified in writing 14 days in advance.
Works on Adjoining Land
Engineering Works and Design
Details of all signage and line marking must be submitted to the municipality's structural engineer for inspection before work begins. Street name signs and posts must be provided in accordance with the above-mentioned documents and the Council's standard drawing 37. d) Footpath curb formation.
Protection of Existing Trees
Where earthworks are not reflected on AT&L Revision H Draft Subdivision Designs, the topsoil within lots must not be disturbed. i) Rainwater management/spread angles. This distinction should be reflected in the detailed design by including a gutter transition instead of curb returns, different from how this intersection treatment appears on the AT&L Revision H draft subdivision design.
Trenching within Tree Protection Zone
Prior to the commencement of works, the location of waste disposal and recycling for all demolition waste materials (bricks, concrete, tiles, plasterboard and so on) must be submitted to and approved by the Chief Certifying Authority. Where amendments are made to the plan, they must be submitted to Council before they are implemented.
Erection of Signage – Supervision of Subdivision Work
The person preparing and approving the plan must have the appropriate accreditation to do so.
Contractors Details
Erosion and Sediment Control/ Soil and Water Management
Service Authority Consultation – Subdivision Works
Details of the pavement design and all test results, including design California Bearing Ratio values for the subgrade and design traffic loads, shall be provided. The report must be submitted to the Council's manager - Environment and Health for review before work begins on site.
Standard of Works
Pavement design should be based on sampling and testing by a NATA accredited laboratory of the in-situ subgrade material and existing pavement material. The condition of the soil should be checked and if evidence, such as but not limited to imported fill and/or improper waste disposal, indicates the likely presence of contamination on the site, work should be stopped, the City's Environmental and Health Manager should be notified and a site contamination investigation must be conducted in accordance with the State's Land Use Policy 55 – Land Remediation.
Critical Stage Inspections – Subdivision Works
A pavement design based on Austroads (A Guide to the Structural Design of Road Pavements) and prepared by a suitably experienced and qualified civil or geotechnical engineer must be submitted to Council for approval prior to the commencement of any pavement work.
Working Hours
Landscaping
A subdivision certificate cannot be issued until the completion of all subdivision works covered by this consent.
Subdivision Works – Submission Requirements
Performance/ Maintenance Security Bond
Section 73 Compliance Certificate
Provision of Electrical Services
Provision of Telecommunication Services
PAGE 123 Installation of fiber-ready equipment to all lots and/or individual premises in a real estate development project to enable easy fiber connection to any premises being or may be constructed on those parcels . Provision of fixed-line telecommunications infrastructure in fiber-ready facilities for all lots and/or individual premises in a demonstrated real estate development project through an agreement with a carrier.
Final Plan and Section 88B Instrument
Demonstrate that the carrier has confirmed in writing that it is satisfied that the fiber optic ready devices are fit for purpose; and. For facilities that are not ready for fiber networks, Telstra must issue a contract notice or network infrastructure letter confirming that satisfactory arrangements have been made for the provision of telecommunications services.
