Design Advisory Panel Terms of Reference

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Terms of Reference

January 2024 1. Aim

The Hills Shire Council is committed to ensuring new high density buildings are of a high quality design.

The Hills Design Advisory Panel (the Panel) provides design advice for Development Applications that are subject to the design excellence clauses in the Hills Local Environmental Plan (LEP) 2019 and other matters as set out in this Terms of Reference.

The objective of the Panel is to evaluate and critique design aspects of Development Applications and strategic planning matters and provide advice as to whether development exhibits design excellence.

2. Purpose

The purpose of the Panel is to provide independent, expert and impartial design advice on the design quality of development within the Hills Shire as specified in Clauses 7.7, 8.6 and 9.5 of The Hills Local Environmental Plan 2019 and other development proposals as outlined in this Terms of Reference.

The Panel will inform the assessment of development and support assessing officers and consent authorities to achieve high quality design outcomes which reflect the desired character of The Hills Shire.

The Panel will provide advice on applications for development having regard to:

• The Hills Local Strategic Planning Statement;

• The Hills Local Environmental Plan 2019;

• The Hills Development Control Plan 2012;

• Relevant legislation, Australian Standards and construction codes,

• Any other plan, policy or guide necessary to ensure that the built

form and design of the development responds to the site and locality.

The role of the Panel is advisory only.

Recommendations or comments provided by the Panel will inform the development assessment process but will not bind the consent authority.

The Hills LEP 2019 requires a Development Application to be considered by the Panel under the following clauses:

a) For development within The Hills Shire subject to Clause 7.7, any development which contains a building with a height of 25 meters or higher;

b) For development within the Bella Vista, Kellyville and Showground Station Precincts subject to clauses 8.6 and 9.5 respectively, any development which contains a building with a height of 21 meters (six stories) or higher;

The Panel may consider other matters as follows:

a) Pre-Development Applications to obtain design advice prior to lodgement;

b) Any Development Application for which the Applicant wishes to achieve design excellence;

c) Any strategic planning matters for which design excellence is relevant; and

d) Planning proposals as nominated by relevant Council staff.

The Panel will advise whether, in their opinion:

a) The development exhibits design excellence; or

b) The development does not exhibit design excellence in its current form, but makes recommendations for amendments that, if made to the design, would result in the

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Design Advisory Panel Terms of Reference

January 2024 development exhibiting design

excellence; or

c) The development does not exhibit design excellence.

3. Panel Members

Council will undertake an Expression of Interest process for Panel members.

The General Manager has delegation to select and appoint a pool of up to 10 Panel members. Should a selected Panel member choose to resign their position at any point during their tenure, the General Manager may appoint a new candidate from the list of respondents.

All Panel members must be approved by the NSW Government Architect before appointment.

Panel member tenure will be for a period of two (2) years. Subject to satisfactory performance, the General Manager may (under delegation) extend the term of the agreement for up to a further one (1) year.

After two years, the General Manager will give at least one (1) month written notice to the Panel members of the decision to extend or end the term.

Panel members must be able to demonstrate an understanding of the values and desired development outcomes of The Hills Shire. Extensive experience is required within one or more of the following disciplines:

• Architecture

• Landscape Architecture

• Urban Design

• Heritage

Members will be suitably qualified so as to be eligible for membership of their relevant professional body.

Panel members are expected to:

• provide independent, impartial,

constructive and respectful feedback and advice;

• meet deadlines for reviewing draft design advice;

• declare and manage any conflicts of interest;

• commit to the scheduled dates for Design Advisory panel sessions and allow appropriate time before and after each session for preparation and review of the design advice report;

and

• abide by the appropriate codes of conduct.

The quorum for a meeting is 3 Panel members, which will be comprised for each individual meeting from the pool of up to 10 Panel members. Generally, the Panel for a meeting will comprise:

• Independent Architect (Chairperson);

• Independent Architect;

• Landscape Design Expert.

4. Panel Chairperson

The General Manager has delegation to appoint a Panel Member from the pool of experts as the Chairperson and to appoint an alternate Chairperson.

The Panel Chairperson is responsible for:

• Introducing the Panel at the beginning of the meeting;

• Keeping the meeting on schedule;

• Ensuring the orderly conduct of the meeting;

• Ensuring the discussion stays within the framework of the Terms of Reference and is constructive, clear and relevant;

• Ensuring that all Panel Members views are heard and understood and that, if possible, a consensus is reached;

• Ensuring that adequate consideration has been given to the application of the design excellence criteria contained in Clauses 7.7, 8.6 and 9.5

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Terms of Reference

January 2024 of The Hills Local Environmental Plan

2019, as they relate to the application being considered;

• Ensuring that where a proposal requires more than one advice session, the advice given across the series of sessions is consistent and the advice does not introduce entirely new areas of focus or concern, except where this is the result of new information being provided;

• Endorsing the Panel’s advice, clarifying and summarising the Panels comments and recommendations;

• Monitoring due process;

• Liaising with Council staff about the operation of the Panel; and

• Being available to clarify and explain advice to the consent authority until the application has been determined, including to planning panels if invited.

5. Council Staff

The role of the Council staff involved in the Panel operations are described below:

Panel Administration/Support

• Prepare and distribute meeting agenda, arranges Panel briefings, session bookings and agendas;

• Distributes information to the Panel before and after the Panel meeting;

• Attend Panel meetings;

• Prepare draft Panel advice for review by the Panel; and

• Evaluate Panel outputs and processes to ensure compliance with terms of reference and continual improvement;

Development Assessment Officer

• Review information submitted by the Applicant to ensure it is fit for purpose before submitting to the Panel Administration for distribution to the Panel;

• Provides a briefing report;

• Conducts a briefing for the Panel;

• Attends Panel briefing sessions to provide a summary briefing and respond to questions from the Panel;

• Provide Panel advice to Applicants;

and

• Manage feedback from design teams and Applicants.

6. Applicant / Design Team

The role of the Applicant / Design Team involved in the Panel operations are described below:

Applicant

The Applicant is responsible for providing a copy of the presentation, plans and supporting documentation to the Development Assessment Officer a minimum of 15 working days prior to the intended Panel meeting date and attending the Panel meeting to provide general context of the project.

Design Team

The architects, landscape architects and urban designers are responsible for presenting clear and relevant information about the proposal and responding to the Panel’s advice.

The Applicant’s architect will present to the Panel and must attend all panel sessions relevant to the application. Up to five (5) key members of the proponent’s team (including the lead architect) are invited to attend the meeting in order to respond to any questions from the Panel.

7. Panel Operations

Panel meetings will be held online via MS Teams or in person at the discretion of the Panel Chair.

Applicants are required to submit the documentation identified in Clauses 8.3, 8.4 and 8.5 of these Terms of Reference to the Development Assessment Officer and pay the appropriate fee, by no later than 15 working days prior to the date of the Panel Meeting. An item will not be

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Design Advisory Panel Terms of Reference

January 2024 listed for an upcoming Panel meeting

unless this timeframe has been met.

All documentation identified in Clauses 8.1 – 8.6 of these Terms of Reference must be provided to the Panel by Council staff (electronically via file share link) by no later than ten (10) working days prior to the date of the meeting.

8. Documentation

The following documentation is to be provided to the Panel 10 working days prior to the Panel meeting:

Meeting Agenda

A Meeting Agenda template is provided as Schedule 2 to the Terms of Reference.

Briefing Report

A Briefing Report is to be prepared by the relevant Council officer responsible for each item to the considered by the Panel.

Applicant Presentation

A copy of the presentation the Applicant / Design team intends to give is to be provided to Council.

Architectural Plans

A copy of the architectural plans are to be provided. The requirements for plans to be submitted for the consideration of the Panel are provided as Schedule 3.

Supporting reports and material

A copy of the other supporting material provided with the proposal is to be provided.

Previous Panel Advice

Any previous advice the Panel has provided on the same item is to be provided to the Panel with the other material.

9. Panel Meetings

Panel meetings will be tentatively scheduled once per month and held on an as needs basis.

A maximum of four (4) items will be considered per day.

Each meeting will operate in accordance with this Terms of Reference and the Agenda provided.

10. Panel Advice

The Panel’s advice will be in the form of a meeting report. A template Meeting Report is provided at Schedule 4.

Final advice and recommendations, as endorsed by the Chair, will be recorded by the Panel Administration and will be distributed to the Development Assessment Officer within 10 working days of the Panel meeting.

11. Conflicts of Interest / Confidentiality

All Panel members must adhere to Council’s Public Interest Disclosures Policy and Statement of Business Ethics and declare any conflicts prior to considering a matter as a Panel member.

A Panel member must disclose in writing to the Panel Chair any approaches by an Applicant or party associated with a Panel matter. The Chair will then report these disclosures to Council’s General Manager.

All information relating to any item being considered by the Panel is to be treated as confidential until published on the Council website or NSW Planning Portal.

12. Panel member remuneration

Council makes no representation, express or guarantee to the Panel members as to the volume of business that they may reasonably expect as a result of being selected in the pool of Panel members.

The following fees will be paid to

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Terms of Reference

January 2024 Panel members when they are on the

Panel. These fees exclude GST and include preparation time and travel costs:

Half day 1-2 items

Full day 3-4 items Panel Member $1,200 $2,000 Chairperson $2,000 $2,800

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Design Advisory Panel

Meeting Procedures

January 2024 Schedule 1

Meeting Procedure and Flowchart

1. A tentative meeting schedule will be set at the beginning of the calendar year for Panel meetings. The Panel will meet once per month, as needed.

2. Council may cancel a meeting before 5 business days prior to the scheduled meeting and notify Panel Members in the event that no matters are scheduled for that meeting.

3. Council may call an extra meeting with 14 days’ notice in the event that matters cannot be scheduled into the tentative meeting schedule.

4. Meeting agendas will be prepared by the Panel Administration and circulated to Panel Members.

5. Prior to the meeting date, Panel members will conduct a site visit, unless the site has been visited previously.

6. Prior to the Panel meeting, Panel members will be provided with time in closed session to discuss the matter.

7. The Panel meeting will be held online via MS Teams and will not be open to the public. Panel meetings may be held in person at the discretion of the Panel Chairperson.

8. Applicants will be invited to attend the Panel meeting and provided an opportunity to present their development concept (maximum 30 minutes) and to respond to questions from the Panel members.

9. Councillors and Council officers may attend the meeting to observe the proceedings.

10. Applicants must not engage in conduct that disrupts panel meetings, or that would otherwise be inconsistent with the orderly conduct of meetings. Any such conduct will be

reported to Council’s Manager Forward Planning in writing.

11. If an applicant engages in disorderly conduct and does not cease when asked by the Panel Chairperson; the Panel Chairperson may choose to terminate the meeting.

12. The Panel Manager will prepare a draft report based on the Panel member’s comments. The report will detail the Panel’s evaluation of the design merits of the proposal and outline any further recommended design amendments or proposed conditions of development consent that are relevant to the achievement of design excellence.

13. The draft meeting report will be reviewed and approved by the Panel members prior to distribution to Council officers. The report will consist of the following sections:

• A statement of status and purpose of the meeting;

• Attendance;

• Apologies;

• Declarations of Interest; and

• A record of advice and recommendations made by the Panel.

14. The Panel will aim to finalise and provide its advice to the relevant Development Assessment Officer within ten (10) working days of the meeting, who will then forward this information onto the Applicant.

Note: Council reserves the right to change the procedures manual and terms of reference as required, following consultation with the Panel Members.

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Meeting Procedures

FLOWCHART OF PROCEDURES

Note: Applicants are encouraged to seek input from a Design Advisory Panel prior to lodgement of a Development Application. Seeking input early in the design process may reduce any design related delays during the development assessment process.

Reports from any meeting will be considered in the assessment process if a development application is lodged.

The requirement for subsequent meetings will be determined based on the Panel’s recommendations and any changes required.

Date, time and location of the Panel Meeting notified to Applicant.

Development Assessment Officer notify Applicant of the advice of the

Panel

Amended design required?

Panel meeting held. Applicant can address the Panel

Panel advice provided to Development Assessment Officer

Applicant amends design and submits material to Council

Applicant lodges pre-development or development application with Council

Panel advice provided to Development Assessment Officer

YES NO

Payment of Panel meeting fee and submission of material

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Design Advisory Panel

Agenda Template

Schedule 2

The Hills Design Advisory Panel Agenda

DATE: XX/XX/XXXX

TIME: XX:XX am/pm

MEETING LOCATION: Online Meeting Hosted by the Hills Shire Council PANEL MEMBERS: XXXXXXX (Chair), XXXXXXX and XXXXXXX Item 1

DA Number: XX/XXXX/XX Assessment Officer:

Description of Application: XXXXXXX

1. Panel Briefing XXam

(Council Staff and Panel)

2. Applicant Presentation XXam

3. Questions from the Panel XXam

4. Closed Session/Break XXam

(Council Staff and Panel) Item 2

DA Number: XX/XXXX/XX Assessment Officer:

Description of Application: XXXXXXX

5. Panel Briefing XXam

6. Applicant Presentation XXam

7. Questions from the Panel XXam

8. Closed Session/Break XXam

9. Meeting Close XXam

* Note: times are indicative

** Please note the applicant has ½ hr to present their proposal only.

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Submission Requirements

Schedule 3

Submission Requirements for the Hills Design Advisory Panel

• All drawings are to be drawn to a scale and clearly dimensioned, provide a true north point, drawing scale and a correct scale bar.

• Floor plans, elevations and cross sections through the development are to be provided at a scale no less than 1:200 (A1).

• All setbacks are clearly shown at each plan level.

• Levels are to be provided on all ground plane drawings. This includes both external and internal levels. These are to be legible at an A3 scale.

• All elevations and cross sections are to provide the site boundary, existing ground line and permissible height where applicable.

• Basements are to be shown on sections and dotted in on elevations

• Operable leaves of doors and windows should be indicated on all elevations.

• Site cross sections and street elevations are to include streets and adjacent lot context.

• Large amalgamated sites (over 4,000m²) are to be presented at a scale that fits on an A3 page comfortably. Individual building blocks are to be keyed and presented on separate drawing sheets at scale no less than 1:200 (A1). When several building blocks are provided on a single site, each building block is to be clearly illustrated at a scale of 1:200 A1 (1:400 A3). A key plan is to be provided on each drawing sheet which clearly notates each building block for ease of identification.

• All cross sections are to be clearly identified on all floor plans for each level.

• All services which occur within the public domain are to be clearly identified and shown on all plans and elevations where they occur. This includes but is not limited to OSD tanks, fire hydrants, fire sprinkler booster valves, gas regulators, electrical substation kiosks and mail boxes.

• Elevations and details for the screening of all services provision which are visible in the public domain are to be provided at a minimum scale of 1:20 at A3 (including the front setback).

• Documented cross sections at the public domain interface for at least 2 storeys at a scale of 1:25 @ A1 (1:50 A3) which clearly demonstrates the public domain interface for all street and public space frontages. Cross sections are to be also provided at ramp locations which impact upon the street frontage.

• Where perspectives are provided, it is desirable that the perspective view point of the pedestrian experiencing the space / street is provided. A perspective of this type should be generated using an eye level of approximately 166cm above ground level using a standard field of view. The location at which the perspective is taken should be located on a key plan.

• Shadow diagrams at hourly intervals between the hours of 9am to 3pm on the 21^st June are required, noting adjacent development, public parks and open space.

• Sun eye views of the development at hourly intervals between the hours of 9am to 3pm on the 21^st June are required. The imagery is to be legible in A3 format.

• A public domain plan is to be provided for all public domain works.

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Design Advisory Panel

Design Advice Template

Schedule 4

The Hills Design Advisory Panel Meeting Report

Date XXam/pm

Time XX/XX/XXXX

Location of Meeting Online Meeting Hosted by the Hills Shire Council Panel Members

Council Officers

DA Number Property Address

Description of Proposal Applicant Representatives

The Hills Design Advisory Panel (the Panel) thanks the Applicant for the presentation of XXXXXX.

The objective of the proposal XXXXXXXXXXX is supported and commended. However, further design development is recommended, particularly in relation to XXXXXX.

The Panel supports:

− Xxxxxx

− Xxxxxxx

Summary of Design Advice

To support design development, the Panel provides the following advice with respect to Clause 7.7 / 8.6 / 9.5 of the Hills LEP 2019:

(Delete inapplicable references)

Clause 7.7

(a) whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,

(b) whether the form, arrangement and external appearance of the development will improve the quality and amenity of the public domain,

(c) whether the development detrimentally impacts on view corridors,

(d) whether the development detrimentally impacts on any land protected by solar access controls established under a development control plan,

(e) the requirements of any development control plan to the extent that it is relevant to the proposed development,

(f) how the development addresses the following matters—

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Design Advice Template

(i) the suitability of the land for development,

(ii) existing and proposed uses and use mix,

(iii) heritage issues and streetscape constraints,

(iv) the relationship of the development with other development (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,

(v) bulk, massing and modulation of buildings, (vi) street frontage heights,

(vii) environmental impacts such as sustainable design, overshadowing, wind and reflectivity,

(viii) the achievement of the principles of ecologically sustainable development, (ix) pedestrian, cycle, vehicular and service access, circulation and requirements, (x) the impact on, and any proposed improvements to, the public domain;

(xi) the configuration and design of public access areas, recreation areas and communal open space on the site and whether that design incorporates exemplary and innovative treatments,

Clause 8.6:

(d) whether the development detrimentally impacts on any land protected by solar access controls established in the development control plan referred to in clause 8.5,

(e) the requirements of the development control plan referred to in clause 8.5, (f) how the development addresses the following matters—

(i) the suitability of the land for development, (ii) existing and proposed uses and use mix, (iii) heritage issues and streetscape constraints,

(iv) the relationship of the development with other development (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,

(vii) environmental impacts such as sustainable design, overshadowing, wind and reflectivity,

(viii) the achievement of the principles of ecologically sustainable development,

(ix) pedestrian, cycle, vehicular and service access, circulation and requirements,

(x) the impact on, and any proposed improvements to, the public domain, (xi) the impact on any special character area,

(xii) achieving appropriate interfaces at ground level between the building and the public domain,

(xiii) excellence and integration of landscape design.

Clause 9.5:

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Design Advisory Panel

Design Advice Template

(d) whether the development detrimentally impacts on any land protected by solar access controls established in the development control plan referred to in clause 9.4,

(e) the requirements of the development control plan referred to in clause 9.4, (f) how the development addresses the following matters—

(i) the suitability of the land for development, (ii) existing and proposed uses and use mix, (iii) heritage issues and streetscape constraints,

(iv) the relationship of the development with other development (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,

(vii) environmental impacts such as sustainable design, overshadowing, wind and reflectivity,

(viii) the achievement of the principles of ecologically sustainable development, (ix) pedestrian, cycle, vehicular and service access, circulation and requirements, (x) the impact on, and any proposed improvements to, the public domain, (xi) the impact on any special character area,

(xii) achieving appropriate interfaces at ground level between the building and the public domain,

(xiii) excellence and integration of landscape design.

Panel Conclusion

The development exhibits design excellence as presented and no further consideration by the Panel is necessary; or

The development does not exhibit design excellence in its current form, however if the design is amended to address the comments in this letter, the development would exhibit design excellence; or

The development does not exhibit design excellence. The Panel recommends further review of this project as the design progresses. The issues outlined above should be addressed and presented at another Design Advisory Panel session.