PAGE 1 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 17 NOVEMBER 2015
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 Acting Manager – Forward Planning Kristine McKenzie Principal Executive Planner
APOLOGIES
Stewart Seale Manager – Forward Planning
TIME OF COMMENCEMENT 8:30am
TIME OF COMPLETION 8:48am
ITEM-1 CONFIRMATION OF MINUTES
RESOLUTION
The Minutes of the Development Assessment Unit Meeting of Council held on 3 November 2015 be confirmed with the exception that Andrew Brooks was absent and Ben Hawkins was present at the meeting.
ITEM-2 DA NO. 194/2016/HA - TWO STOREY BOARDING HOUSE CONTAINING 11 ROOMS UNDER THE PROVISIONS OF SEPP (AFFORDABLE RENTAL HOUSING) 2009 - LOT 119 DP 258047, 12 WESTMORE DRIVE, WEST PENNANT HILLS
RESOLUTION
The Development Application be refused on the following grounds:
PAGE 2 1. The development is not satisfactory with regard to Clause 30A of SEPP (Affordable Rental Housing) 2009. It is not considered as being compatible with the character of the local area as its form and composition resembles a studio apartment style of development which is not typical of the low density residential character of the locality.
(Section 79C(1)(a)(i),(b),(c) & (e) of the Environmental Planning and Assessment Act, 1979).
2. The development does not satisfy aim 2(a) & (b) of The Hills Local Environmental Plan 2012, as it does not contribute towards the orderly and sustainable development of The Hills, does not represent the efficient use of land and conflicts with the strategic direction and urban land use management of the area.
(Section 79C(1)(a)(i) & (b) of the Environmental Planning and Assessment Act, 1979).
3. The proposal will unsympathetically intensify the use of the land as a result of the anticipated number of occupants which is five times the average occupancy rate for a large dwelling and 2.5 times the average occupancy rate for a dual occupancy which is the highest density form of residential development allowed in the R2 Low Density Residential zone.
(Section 79C(1)(b) & (c) of the Environmental Planning and Assessment Act, 1979).
4. The proposal does not satisfy the pre-set standard for boarding houses in the State Environmental Planning Policy (Affordable Rental Housing) 2009 with regard to landscape treatment of the front setback area as the extent of landscaping is inconsistent with the adjoining and surrounding developments and incompatible with the streetscape in which the building is located.
(Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act, 1979).
5. The development is considered not to be in the public interest given the number of submissions received and its failure to satisfy the objectives of the R2 Low Density Residential zone and character compatibility requirements of SEPP (Affordable Rental Housing) 2009.
(Section 79C(a)(i), (d) and (e) of the Environmental Planning and Assessment Act, 1979).
NB: An email from the applicant dated 16 November 2015 with a revised plan was tabled and discussed at the meeting. The plans deleted one unit, deleted the garbage area from the front setback and relocated it within the building and moved the front fence back one metre.
ITEM-3 DA NO. 1993/2006/HC/G - PROPOSED SECTION 96(1A) MODIFICATION TO THE EXISTING HOTEL - LOT 1 DP 1175849, NO. 350 ANNANGROVE ROAD, ROUSE HILL
RESOLUTION
Conditions Nos. 1, 44A, and 47 in Stage 1 and Condition Nos. 1 and 44C Stage 2 be deleted and replaced as follows:
PAGE 3 STAGE 1 CONDITIONS OF CONSENT
1. Development in accordance with submitted plans
The development being carried out in accordance with the approved plans and details returned with development consent 1993/2006/HC, 1993/2006/HC/A, 1993/2006/HC/B, 1993/2006/HC/C, 1993/2006/HC/D, 1993/2006/HB/E and 1993/2006/HC/F as further modified by the following plans approved with Development Consent No.
1993/2006/HB/G, except where amended by other conditions of consent.
REFERENCED PLANS
PLAN NO. TITLE DRAWN BY SHEET DATE
6832 Site Plan Regency Design Centre 1 March 2015
6832 Ground Floor Regency Design Centre 2 March 2015 6832 First Floor Plan Regency Design Centre 3 March 2015
6832 Elevations Regency Design Centre 4 March 2015
No works (including excavation) shall be undertaken prior to the release of the Construction Certificate.
44A. Application for building certificate
As building works have been completed, an application for building certificate is to be lodged with Council to consider the building works undertaken. The application is to be lodged within 30 days of the determination date of the subject application 1993/2006/HC/F.
47. Section 94 Contribution
The following monetary contributions must be paid to Council in accordance with Section 94 of the Environmental Planning and Assessment Act, 1979, to provide for the increased demand for public amenities and services resulting from the development. The contribution is to be paid prior to the issue of a Building Certificate. This contribution is in addition to all preceding contributions relating to applications 1993/2006/HC to Modification 1993/2006/HC/F.
Payments comprise of the following:-
The contributions above are applicable at the time this consent was issued. Please be aware that Section 94 contributions are updated quarterly.
Prior to payment of the above contributions, the applicant is advised to contact Council’s Development Contributions Officer on 9843 0268. Payment must be made by cheque or credit/debit card. Cash payments will not be accepted.
This condition has been imposed in accordance with Contributions Plan No 11.
Council’s Contributions Plans can be viewed at www.thehills.nsw.gov.au or a copy may be inspected or purchased at Council’s Administration Centre.
Development Category
Rate per add. m2 of
GFA: 79.53 m2 TOTAL S94
Land $ 11.74 $ 933.68
Capital $ 64.81 $ 5,154.34
Total $ 76.55 $ 6,088.02
PAGE 4 STAGE 2 CONDITIONS OF CONSENT
1. Development in accordance with submitted plans
The development being carried out in accordance with the approved plans and details returned with development consent 1993/2006/HC, 1993/2006/HC/A, 1993/2006/HC/B, 1993/2006/HC/C, 1993/2006/HC/D, 1993/2006/HB/E and 1993/2006/HC/F as further modified by the following plans approved with Development Consent No.
1993/2006/HB/G, except where amended by other conditions of consent.
REFERENCED PLANS
PLAN NO. TITLE DRAWN BY SHEET DATE
6832 Site Plan Regency Design Centre 1 March 2015
6832 Ground Floor Regency Design Centre 2 March 2015 6832 First Floor Plan Regency Design Centre 3 March 2015
6832 Elevations Regency Design Centre 4 March 2015
No works (including excavation) shall be undertaken prior to the release of the Construction Certificate.
44C. Fire Safety Schedule for Building Upgrades or Change of Use
The following conditions have been imposed to ensure that adequate fire safety measures are included in the building.
a) Upon completion of works or prior to the issue of a Building Certificate, a Final Fire Safety Certificate is to be issued by the owner of the building to the effect that each essential fire safety measure installed within the building and specified in the attached fire safety schedule:
i. has been assessed by a properly qualified person, and
ii. was found, when it was assessed, to be capable of performing to at least the standards required by the current fire safety schedule for the building.
b) A Final Fire Safety Certificate must be provided before a Final Occupation Certificate can be issued under Clause 153 of the Environmental Planning &
Assessment Regulation 2000.
A soon as practicable after a Final Fire Safety Certificate is issued, the owner of the building to which it relates:
a) Shall submit a copy of the Certificate (together with a copy of the current fire safety schedule) to the Commissioner of NSW Fire Brigades, AND
b) Shall ensure that the Certificate (together with a copy of the current fire safety schedule) is prominently displayed in the building.
The following is a schedule of existing and/or new essential fire or other safety measures required to be installed, and the minimum standards to which these measures must be designed, installed and/or maintained under Part 9 of the Environmental Planning &
Assessment Regulation:
PAGE 5 Property Address: 350 Annangrove Rd Rouse Hill
Essential fire or other
Safety Measures Minimum
standard of performance
Existing Proposed
Building Code of Australia
Section/Clause/Specification Australian Standard
Number
2. Automatic fail safe devices C 3.6, D2.19, D 2.21. D 2.22
3. Automatic fire
detection and alarm systems E 2.2, G3.8, Spec G3.8 Spec E2.2a
H101.17 1670.1-2004
5. Emergency lighting E4.2, E4.4,H101.20 2293.1-2005
8. Exit Signs E4.5-4.8 2293.1-2005
11. Fire Doors
C2.10, C2.12, C2.13 C3.3-3.8, C3.10, C3.11 Spec C 3.4, Spec D1.12
1905.1-1997 1851.7-1984
12. Fire Hydrant system
Including tank & booster pump E1.3 2419.1-2005
13. Fire seals protecting openings in fire–resisting construction
C3.12, C3.15, Spec3.15
D2.6, D2.7 4072.1-2005
16. Hose reel systems E1.4 2441-2005
17. Lightweight fire resisting
construction C1.8, Spec C1.8
18. Mechanical air handling
system shutdown E2.2, Spec E2.2b
G3.8, Spec G3.8 H101.18
1668.1-1998 1668.2-1991
20. Portable fire extinguishers
(including fire blankets) E1.6 2444-2001
24. Smoke detectors and heat
detectors C3.5-3.8, C 3.11
D2.19, D2.21 E2.2, Spec E2.2a
3786-1993
29. Warning and operational
signs NSW D2.19, D2.23,
Spec D1.12 E3.3, E4.6, Spec E1.8, H101.8, EP & A Regulation 2000 C1.183
PAGE 6 32. Non-Entertainment Venue -
max capacity signage Maximum Capacity Signage to be displayed
Total capacity 1180
comprising of 530 persons on the first floor and 650 on the ground floor.
Cl.98D of EP&A Regulation 2000
Building Occupant Warning System
Specification E2.2a Clause 6
Performance Verification report for brewery portion of the premises.
Report by Scientific Fire Services dated 14/10/14, issue No.2-0, Project Rference 142014-ce.
Assessment permits the brewery to not be fire seprated from the remainder of the premises
Performance Verification report for a hose reel location
Report Concult Code Solutions dated November 2015
The report has assessed the location of a hose reel which is located more than 4m to an exit.
Management in Use statement Management plan to ensure the sliding gate serving the outdoor area near the bisto is locked in the open position whilst the premises is occupied.
Management plan to ensure the front vehicular gates are locked in the open position whilst the premises is occupied.
ITEM-4 DA NO. 1582/2015/HB - CONSTRUCTION OF A MULTI-DWELLING DEVELOPMENT CONSISTING OF 14 UNITS, BASEMENT PARKING AND ASSOCIATED LANDSCAPING AND RESTORATION OF HERITAGE ITEM - LOTS 8 AND 9 DP 621494 NOS. 1A,1B AND 1 PRESIDENT ROAD, KELLYVILLE
RESOLUTION
The application be approved subject to conditions as set out in the report with an amendment to Condition No. 24 which is to read as follows:
24. Section 94 Contribution
The following monetary contributions must be paid to Council in accordance with Section 94 of the Environmental Planning and Assessment Act, 1979, to provide for the increased demand for public amenities and services resulting from the development.
Payments comprise of the following:-
PAGE 7 The contributions above are applicable at the time this consent was issued. Please be aware that Section 94 contributions are updated quarterly.
Prior to payment of the above contributions, the applicant is advised to contact Council’s Development Contributions Officer on 9843 0268. Payment must be made by cheque or credit/debit card. Cash payments will not be accepted.
This condition has been imposed in accordance with Contributions Plan No 8.
Council’s Contributions Plans can be viewed at www.thehills.nsw.gov.au or a copy may be inspected or purchased at Council’s Administration Centre.
END MINUTES
2br per Unit 3br per Unit Credit per Unit 2 Bedroom: 13 3 Bedroom: 1 Units Credits: 2 Section 94 Open Space - Land $ 5,739.47 $ 7,379.32 $ 10,112.40 $ 74,613.11 $ 7,379.32 $ 81,992.43 $ 20,224.80 $ 61,767.63 Open Space - Capital $ 2,360.62 $ 3,035.08 $ 4,159.19 $ 30,688.06 $ 3,035.08 $ 33,723.14 $ 8,318.38 $ 25,404.76 Community Facilities - Land $ 123.68 $ 159.02 $ 217.91 $ 1,607.84 $ 159.02 $ 1,766.86 $ 435.82 $ 1,331.04 Community Facilities - Capital $ 1,070.75 $ 1,376.67 $ 1,886.55 $ 13,919.75 $ 1,376.67 $ 15,296.42 $ 3,773.10 $ 11,523.32 Studies and Administration $ 164.65 $ 211.70 $ 290.11 $ 2,140.45 $ 211.70 $ 2,352.15 $ 580.22 $ 1,771.93 Roadworks - Land $ 945.66 $ 1,215.85 $ 1,666.16 $ 12,293.58 $ 1,215.85 $ 13,509.43 $ 3,332.32 $ 10,177.11 Roadworks - Capital $ 2,248.29 $ 2,890.66 $ 3,961.28 $ 29,227.77 $ 2,890.66 $ 32,118.43 $ 7,922.56 $ 24,195.87 Total $ 12,653.12 $ 16,268.30 $ 22,293.60 $ 164,490.56 $ 16,268.30 $ 180,758.86 $ 44,587.20 $ 136,171.66
