Development Assessment Unit

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Development Assessment Unit

Tuesday, 03 October 2017

THE HI LLS SHIR E C OUNCI L

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DEVELOPMENT ASSESSMENT UNIT MEETING 03 OCTOBER, 2017

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 248/2012/MD/A - SECTION 96(1A) MODIFICATION TO AN APPROVED DWELLING - LOT 22 DP 632907, NO. 6 PALISANDER PLACE, CASTLE HILL

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PAGE 3 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 29 AUGUST 2017

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 Nil

TIME OF COMMENCEMENT 8:45am

TIME OF COMPLETION 9:27am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 22 August 2017 be confirmed.

ITEM-2 DA NO. 1516/2017/LD - TWO STOREY DWELLING WITH BASEMENT GARAGE, INGROUND SWIMMING POOL, GAZEBO AND FRONT FENCE - LOT 1301 DP 1163493, NO. 92 EDGEWATER DRIVE, BELLA VISTA RESOLUTION

The application be approved subject to conditions as set out in the report with an additional condition (24A) as follows:

24A. Registration of Swimming Pool/Spa

Prior to issue of an Occupation Certificate the swimming pool/spa is to be registered on the NSW state register of swimming pools and spas. To register the swimming pool/spa you are to log onto www.swimmingpoolregister.nsw.gov.au and follow the prompts. A copy of the registration certificate is to be submitted to the PCA to confirm the registration.

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PAGE 4 ITEM-3 DA 634/2017/ZB - SUBDIVISION CREATING TWO RESIDUE LOTS AND NEW PUBLIC ROAD - LOTS 32 AND 33 DP 247442 AND LOT 101 DP 1176747, RMB 47 SPURWAY DRIVE AND FAIRWAY DRIVE, KELLYVILLE

RESOLUTION

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

PRIOR TO ISSUEOF A CONSTRUCTION CERTIFICATE

20. (2523) Biodiversity Offsetting Requirement

The biodiversity impact from the proposal must be offset via either:-

a) The purchase and retirement of six (6) HN528 Grey Box – Forest Red Gum grassy woodland on flats on the Cumberland Plain, Sydney Basin Bioregion ecosystem credits and six (6) HN 526 Forest Red Gum – Rough-barked Apple grassy woodland on alluvial flats of the Cumberland Plain, Sydney Basin Bioregion ecosystem credits. A retirement certificate from the NSW Biobanking Office to demonstrate compliance with this condition is to be provided to The Hills Shire Council’s Manager – Environment and Health prior to issue of a Construction Certificate.

or;

b) The retirement of all required biodiversity credits as set out in a Biobanking statement, issued by OEH to offset the impact to biodiversity under the Masterplan development application. Evidence that such a Biobank Statement has been issued by OEH must be submitted to The Hills Shire Council’s Manager – Environment and Health prior to issue of a Construction Certificate.

ITEM-4 DA NO. 6/2012/JP/A - SECTION 96(1A) MODIFICATION TO AN APPROVED CONCEPT MASTERPLAN AND STAGED RESIDENTIAL SUBDIVISION - LOTS 1001-1003 DP 1190982 MACKILLOP DRIVE, BAULKHAM HILLS

RESOLUTION

The Section 96(1A) Modification Application be approved subject to the following conditions as set out in the report.

END MINUTES

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ITEM-2 DA 248/2012/MD/A - SECTION 96(1A)

MODIFICATION TO AN APPROVED DWELLING - LOT 22 DP 632907, NO. 6 PALISANDER PLACE, CASTLE HILL

THEME: Balanced Urban Growth

OUTCOME: 7 Responsible planning facilitates a desirable living environment and meets growth targets.

STRATEGY: 7.2 Manage new and existing development with a robust framework of policies, plans and processes that is in accordance with community needs and expectations.

MEETING DATE: 3/10/2017

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR HEALTH AND BUILDING SURVEYOR TONY BROWN

RESPONSIBLE OFFICER: PRINCIPAL EXECUTIVE PLANNER KRISTINE MCKENZIE

Applicant Mr. C. Saad

Owner Mr. C. Saad

Notification 14 days Number Advised Eight Number of Submissions Two

Zoning E4 Environmental Living

Site Area 4025m²

List of all relevant

s79C(1)(a) matters  Section 79C (EP&A Act) – Satisfactory.

 Section 96(EP & A Act) – Satisfactory.

 LEP 2012 – Satisfactory.

 DCP Part B Section 2 Residential - Satisfactory.

Political Donation None Disclosed

Reason for Referral to DAU Two submissions received to a Section 96 Modification.

Recommendation Approval subject to conditions

EXECUTIVE SUMMARY

Development Application 248/2012/MD was approved by Council at its Ordinary Meeting on 26 June 2012. The approval was for a four storey dwelling.

The Modification Application is for amendments to the approved dwelling design including roof modification to reduce the ridge height, window placement changes to improve privacy, new BASIX certificate requirements and the deletion of the porte cochere.

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PAGE 6 The subject site is located on land zoned E4 Environmental Living.

The original development included variations to site coverage and building height. The Modification Application does not include any further variations to these controls.

The application was notified and submissions from two properties were received. The issues raised primarily relate to requesting that the modification application be determined by Council, stormwater impacts and noise, dust and light impacts from the construction site.

The application is recommended for approval.

BACKGROUND

Development Application 248/2012/MD was approved by Council at its Ordinary Meeting on 26 June 2012. The approval was for a four storey dwelling. The matter was referred from the Development Assessment Unit meeting for a site inspection and to allow the matter to be determined at a full meeting of Council.

At a critical stage inspection for the dwelling framework on 3 November 2016, Council’s certifying officer advised the applicant that a Section 96 Modification Application was required to be submitted. This was due to the changes made to the roof and external appearance of the dwelling.

PROPOSAL

The Modification Application is for amendments to an approved four storey dwelling. The changes relate to dwelling design, roof form, window placement and BASIX certificate commitments and the deletion of the porte cochere.

The subject property and neighbouring properties to the north and north-east are zoned E4 Environmental Living with the subject site in part forming the boundary with the Residential R2 zone to the west.

ISSUES FOR CONSIDERATION

1. Compliance with Local Environmental Plan 2012 (i) Height

The land is zoned E4 Environmental Living under Local Environmental Plan 2012 and a dwelling is a permissible use in the zone with consent. The site has a maximum height limit of 9 metres. The approved dwelling height is 12 metres. The amended design includes a reduction in the overall height of the dwelling to 11.8 metres.

2. Compliance with Development Control Plan Part B Section 2 - Residential The proposal has been assessed against the provisions of DCP Part B Section 2 – Residential.

The proposed development achieves compliance with the relevant requirements of the DCP. In regard to site coverage, a variation to the required 30% maximum site coverage was approved in the original Development Consent. The following is from the original report:

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PAGE 7 the proposed dwelling and new ancillary works will have a site coverage of 40.04%. The existing site coverage of 46.16% will be decreased due to the pool and patio areas being demolished.

Since the original approval for the dwelling, DA 77/2014/MA was approved under Delegated Authority on 5 September 2013 for a swimming pool and lighting for the existing tennis court with a revised site coverage of 41.64% or 1,674.34m². The site coverage is not increased by the subject Section 96 Modification application.

The proposal is considered satisfactory in regard to the requirements of the DCP.

3. Issues Raised in Submissions

The proposal was notified for 14 days. The issues raised in the submissions are summarised below.

ISSUE/OBJECTION COMMENT

The original proposal was approved at a Council Meeting with neighbours expressing concerns. Any amendments should be heard also at a Council meeting.

The current Section 96 Modification Application has been referred to a Development Assessment Unit meeting for determination based on Delegations and is not required to be considered at a Council meeting.

The dwelling construction site has noise, dust and, bright lights from machinery affecting the neighbourhood.

The site is currently a construction site. The proposed modifications will not increase amenity impacts to the neighbouring properties. Council’s Certification team are certifying and inspecting works during the construction process. They have monitored the site and investigated any site condition concerns raised.

Stormwater runoff is an issue from the site and no further changes should be undertaken unless the problem of drainage is addressed.

Storm water runoff and erosion and sedimentation concerns raised during the construction process have been investigated and are being monitored by Council’s Certification team.

The issue of storm water drainage disposal was raised in the original submissions from neighbours. The landscape design includes a 200mm high kerb and drain on the lowest side of the driveway. This will direct the overland flow captured on the driveway into the easement and into Council’s drainage system.

There are no changes proposed to the approved drainage arrangements.

The amended BASIX Certificate submitted with the current application requires a 30,000 litre water tank in lieu of the original 5,000 litre tank. This greater tank capacity will also benefit adjoining neighbours as it will retain and control more stormwater roof runoff.

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PAGE 8 The neighbour has endured the worry of

the original plan passed by Council for a huge 4 storey building overlooking the rear garden.

Issues raised with the original Development Application were addressed when the proposal was considered. It is noted that the dwelling will be set back 10.47 metres from the western (side) boundary which will minimise amenity impacts to the objector’s property. The amendments also include window modifications that will improve privacy towards the adjoining properties to the west. Privacy will also improve once the approved landscaping is in place.

CONCLUSION

The Modification Application has been assessed against the relevant heads of consideration under Section 79C of the Environmental Planning and Assessment Act, 1979, The Hills Local Environmental Plan 2012 and The Hills Development Control Plan 2012 and is considered satisfactory.

The issues raised in the submissions have been addressed in the report and do not warrant refusal of the application.

Approval is recommended subject to conditions.

IMPACTS Financial

This matter has no direct financial impact upon Council's adopted budget or forward estimates.

The Hills Future Community Strategic Plan

The proposed development is consistent with the planning principles, vision and objectives outlined within “Hills 2026 – Looking Towards the Future” as the proposed development provides for satisfactory urban growth without adverse environmental or social amenity impacts and ensures a consistent built form is provided with respect to the streetscape and general locality.

RECOMMENDATION

The Modification Application be approved subject to the following conditions of consent:

CONDITIONS OF CONSENT

1. Condition No’s 1 and 23 to be deleted and replaced as follows:

GENERAL MATTERS

1. Development in Accordance with Submitted Plans (as amended)

The development being carried out in accordance with the approved plans and details submitted to Council, as amended in red, stamped and returned with this consent.

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PAGE 9 The amendments in red include: -

 Landscape Plan showing additional landscape planting.

 Site Plan A100 for amended dwelling design.

 30,000 litre water tank.

REFERENCED PLANS AND DOCUMENTS

DRAWING NO DESCRIPTION SHEET REVISION DATE

J0050 Site Plan

Ground Floor Plan First Floor Plan Basement Floor Plan

Attic Plans Elevations Elevations BASIX Plan

A100 A101 A102 A103 A104 A106 A107 A108

2 3 3 3 3 3 3 3

15/08/2017 15/08/2017 15/08/2017 15/08/2017 15/08/2017 15/08/2017 15/08/2017 15/08/2017 Site Plan Including

Screen Planting

2017

15376 Site Survey Plan - Set Out Surveys

S02 S03 S04 S05

17/08/2015 23/10/2015 12/11/2015 16/12/2015 No work (including excavation, land fill or earth reshaping) shall be undertaken prior to the issue of the Construction Certificate, where a Construction Certificate is required.

DURING CONSTRUCTION

23. Compliance with BASIX Certificate

Under clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a condition of this Development Consent that all commitments listed in BASIX Certificate No. 394079S_03be complied with. Any subsequent version of this BASIX Certificate will supersede all previous versions of the certificate.

A Section 96 Application may be required should the subsequent version of this BASIX Certificate necessitate design changes to the development. However, a Section 96 Application will be required for a BASIX Certificate with a new number.

ATTACHMENTS 1. Locality Plan 2. Aerial Photograph 3. Proposed Site Plan 4. Elevations

5. Section

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PAGE 10 ATTACHMENT 1 – LOCALITY PLAN

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PAGE 11 ATTACHMENT 2 – AERIAL PHOTOGRAPH

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PAGE 12 ATTACHMENT 3 – SITE PLAN

Amended Site Plan per Section 96 – DA 248/2012/MD/A

Original Approved Site Plan per DA 248/2012/MD

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PAGE 13 ATTACHMENT 4 – ELEVATIONS

(Approved roof line shown in red) EAST ELEVATION

(Approved roof line shown in red) WEST ELEVATION

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PAGE 14 ATTACHMENT 5 – SECTION