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The contribution is to be paid prior to the issue of the Construction Certificate or Complying Development Certificate

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PAGE 1 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 2 MAY 2017

PRESENT

Paul Osborne Manager – Development Assessment (Chair) Andrew Brooks Manager – Subdivision & Development Certification Angelo Berios Environment Co-ordinator

Craig Woods Manager – Regulatory Services Nicholas Carlton Acting Manager – Forward Planning Kristine McKenzie Principal Executive Planner

APOLOGIES

Cameron McKenzie Group Manager – Environment & Planning Mark Colburt Manager – Environment & Health

Janelle Atkins Principal Forward Planner

TIME OF COMMENCEMENT 8:30am

TIME OF COMPLETION 8:42am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 18 April 2017 be confirmed.

ITEM-2 DA NO. 1284/2017/LD - TWO STOREY DWELLING - LOT 27 DP 29071, NO. 18 CAROLE AVENUE, BAULKHAM HILLS

RESOLUTION

The application be approved subject to conditions as set out in the report with the addition of the following condition:

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PAGE 2 PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE

7a. (264) Section 94A Contribution

Pursuant to section 80A (1) of the Environmental Planning and Assessment Act 1979, and The Hills Section 94A Contributions Plan, a contribution of $4,551.45 shall be paid to Council. This amount is to be adjusted at the time of the actual payment in accordance with the provisions of the Hills Section 94A Contributions Plan.

The contribution is to be paid prior to the issue of the Construction Certificate or Complying Development Certificate.

You are advised that the maximum percentage of the levy for development under section 94A of the Act having a proposed construction cost is within the range specified in the table below;

Proposed cost of the development Maximum percentage of the levy

Up to $100,000 Nil

$100,001 - $200,000 0.5 %

More than $200,000 1%

ITEM-3 DA NO. 1070/2017/HA - SHOP TOP HOUSING - LOT 35 DP 1212326 NO. 1 ANFIELD STREET, KELLYVILLE RESOLUTION

The Development Application be refused for the following grounds:

1. The proposed development does not comply with the objectives of the R1 General Residential zone under State Environmental Planning Policy Sydney Region Growth Centres 2006 as it is considered to be inappropriate given the residential context and nature of the existing and future residential uses. The proposal has the potential to have an adverse impact on the residential developments in proximity to the site.

(Section 79C 1(a)(i) of the NSW Environmental Planning and Assessment Act, 1979).

2. The proposed development is inconsistent with the State Environmental Planning Policy Sydney Region Growth Centres 2006 Draft Amendment (11/2015/PLP) which in part seeks to prohibit shop top housing in the R1 General Residential zone.

(Section 79C 1(a)(ii) of the NSW Environmental Planning and Assessment Act, 1979).

3. The proposed development is contrary to the provisions of Clause 50 of the NSW Environmental Planning and Assessment Regulations 2000, which requires the applicant to provide all the necessary and requested information to Council to allow for a proper assessment of the application, including the submission of information including a complete set of architectural plans, compliance with Australian Standards, vehicle parking and manoeuvring, landscaping, waste management, acoustic impacts and operational details for the shop/cafe.

(Section 79C 1(a)(iv) of the NSW Environmental Planning and Assessment Act, 1979).

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PAGE 3 4. The impacts on built environment in the locality are unacceptable in terms of bulk and scale of the proposed building which is not compatible with the future surrounding development and the overall streetscape. The development is not in keeping with the approved building envelope for a single dwelling.

(Section 79C 1(b) of the NSW Environmental Planning and Assessment Act, 1979).

5. The proposed development is not considered to be suitable for the site as it is an overdevelopment in terms of scale and intensity and results in unacceptable amenity impacts on neighbours.

(Section 79C 1(c) of the NSW Environmental Planning and Assessment Act, 1979).

6. The proposed development fails to comply with Australian Standards in regards to parking and manoeuvring.

(Section 79C 1(c) of the NSW Environmental Planning and Assessment Act, 1979).

7. The proposed development fails to comply with the 88B Instrument restrictions on the site including the approved building envelope and the installation of a raingarden.

(Section 79C 1(c) of the NSW Environmental Planning and Assessment Act, 1979).

8. The proposed development is inappropriately located outside of the Hezlett Road Neighbourhood Centre.

(Section 79C 1(c) of the NSW Environmental Planning and Assessment Act, 1979).

9. The proposed development is considered not to be in the public interest.

(Section 79C 1(e) of the NSW Environmental Planning and Assessment Act, 1979).

END MINUTES

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