DEVELOPMENT ASSESSMENT UNIT

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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 20 March 2018

T O S T R I V E F O R B E T T E R T H I N G S

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DEVELOPMENT ASSESSMENT UNIT MEETING 20 MARCH, 2018

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 72/2018/AEU - APPLICATION FOR A BUILDING CERTIFICATE FOR UNAUTHORISED RETAINING WALLS AND CHANGES TO PERGOLA AND POOL COPING - LOT 9 DP 235880 NO. 9 KESWICK AVENUE, CASTLE HILL

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PAGE 3 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 6 MARCH 2018

PRESENT

Cameron McKenzie Group Manager – Environment & Planning (Chair) Paul Osborne Manager – Development Assessment

Andrew Brooks Manager – Subdivision & Development Certification Craig Woods Manager – Regulatory Services

Craig Bourke Acting Manager – Environment & Health Stewart Seale Manager – Forward Planning

APOLOGIES

Mark Colburt Manager – Environment & Health Kristine McKenzie Principal Executive Planner

TIME OF COMMENCEMENT 8:30am

TIME OF COMPLETION 8:32am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 27 February 2018 be confirmed.

ITEM-2 DA 16/2018/LA/A - SECTION 96(1A) MODIFICATION TO APPROVED ALTERATIONS AND ADDITIONS TO AN EXISTING DWELLING - LOT 16 DP 839674, NO.9 DOHERTY AVENUE, GLENHAVEN

RESOLUTION

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

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PAGE 4 ITEM-2 72/2018/AEU - APPLICATION FOR A BUILDING CERTIFICATE FOR UNAUTHORISED RETAINING WALLS AND CHANGES TO PERGOLA AND POOL COPING - LOT 9 DP 235880 NO. 9 KESWICK AVENUE, 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: 20 MARCH 2018

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: BUILDING CO-ORDINATOR

AMANDA BURKE

RESPONSIBLE OFFICER: MANAGER – REGULATORY SERVICES CRAIG WOODS

Applicant Mr Charles Khoury

Owner Mr Charles Khoury

Notification 21 days Number Advised 4

Number of Submissions 3 (1 withdrawn)

Zoning R2

Site Area 700sqm

List of all relevant

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

The Hills LEP 2012 – Satisfactory.

DCP Part B Section 2 – X – Variation, see report Political Donation None Disclosed

Reason for Referral to

DAU 1. Variation to DCP

2. Submissions received.

Recommendation Approval

EXECUTIVE SUMMARY

The Building Information Certificate application has been submitted to regulate the unauthorised changes to an approved cabana, inground pool and retaining wall. A Complying Development Certificate was issued for the cabana and pool by Certified Building Specialists on 11 May 2016. An amended Complying Development Certificate was issued to include the retaining wall on 18 July 2017. The structures were completed with unauthorised changes, specifically an increase to pool coping size, decreased setback of the cabana roof to the rear boundary and an increased height of fill behind the retaining wall.

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PAGE 5 The proposed development subsequently includes a variation to Part B Section 2, Clause 2.14.7 with regard to cut and fill levels.

The application was advertised and notified and submissions from three properties were received. Of these three submissions, one was withdrawn in writing after their concerns were satisfied. The issues raised primarily relate to impact from increased levels within rear yard of subject property, changes to stormwater run-off to adjoining properties and affect from newly installed flood lights. The concerns raised by the residents are addressed in section 3 of this report.

The Building Information Certificate application is recommended for approval.

BACKGROUND

1. A Complying Development Certificate for demolition of the existing dwelling and construction of a two storey dwelling with attached garage, a detached deck and in- ground swimming pool was issued by Certified Building Specialists on 11 May 2016.

2. The Complying Development Certificate was amended to include the rear retaining wall on 18 July 2017.

3. A complaint was received from an adjoining property owner on 11 April 2017 raising concerns with stormwater issues from the built up soil behind the new retaining wall.

An investigation by Councils Officer was undertaken on 28 April 2017, whereby the private certifier was contacted to address the issues.

4. A Notice of Intention to Comply with the Consent was served on the owner by Certified Building Specialists on 14 August 2017 and forwarded to Council for follow up.

5. An interim OC was issued by Certified Building Specialists on 22 August 2017 and included all structures except for the rear retaining wall.

PROPOSAL

The Building Information Certificate application is to regulate the as-built structures where the Complying Development Consent has not been adhered to. This includes:

1. The construction of the pool coping width at 600mm in lieu of the approved 300mm 2. The setback of the cabana roof from the rear boundary at 875mm in lieu of the

approved 900mm and

3. The retaining of fill up to 900mm high in lieu of the approved 600mm.

The structures have been completed and certified where necessary by structural engineer and plumber. The application seeks to maintain the works as-built.

ISSUES FOR CONSIDERATION

1. Compliance with The Hills Local Environmental Plan 2012 (i) Permissibility

The site is zoned residential R2 under The Hills Shire Council’s Local Environmental Plan, 2012.

The retaining wall, in-ground pool and cabana are characterised as being ancillary structures to the residential dwelling. It is considered that the development satisfies the requirements of THLEP 2012 and is therefore permissible with the consent of Council.

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PAGE 6 (ii) Environmental Planning & Assessment Act, 1979

In assessing the application for the Building Information Certificate, regard has to be made of the provisions of Section 79C of the Environmental Planning and Assessment Act 1979.

The application has been assessed against the provisions of section 79C of the Environmental Planning and Assessment Act 1979 and is considered satisfactory.

The application for the Building Information Certificate was subsequently notified to four properties that may be affected by the unauthorised works. Three submissions were received. The concerns raised by the objectors are discussed in section 3 of this report.

2. Compliance with The Hills Development Control Plan

The proposal has been assessed against the provisions of The Hills Development Control Plan (THDCP) particularly:-

 Part B Section 2 – Residential

The proposed development achieves compliance with the relevant requirements of the above Development Controls with the exception of the following:

DEVELOPMENT

CONTROL DCP

REQUIREMENTS PROPOSED

DEVELOPMENT COMPLIANCE Clause 2.14.7 - Cut

and Fill Maximum 600mm of

filling without a concealed dropped edge beam.

Maximum of 1.5 metres with a concealed dropped edge beam.

Excavation in excess of 1 metre may be permitted, subject to there being no adverse effect on the adjoining owners and the submission of structural engineer’s details of retaining walls with the Development

Application, or alternatively, a separate

Development

Application is to be submitted.

0.9m of fill in the southern corner of the property

No. See comment below.

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PAGE 7 a) Cut and Fill

The DCP requires that filling is restricted to 600mm when not concealed in a dropped edge beam. This clause although not specific would refer more directly to new dwellings rather than external fill within the rear yard area.

The relevant objectives of this clause of the DCP are to ensure that dwellings are designed with regard to site conditions and minimise the impact on landform.

Comment:

It should be noted that the Complying Development Certificate allowed 600mm of fill to be retained within the rear yard of the subject property. The additional fill of up to 300mm is not considered to have an unreasonable or adverse impact to the neighbouring properties and will improve the overall amenity and viability of the private open space at the rear of the newly constructed dwelling.

It is considered that the 300mm increase in the height of the retaining wall is a minor variation and has been designed with regard to the slope of the land and the levels at which the house and swimming pool have been constructed.

The existing boundary fencing suitably addresses the potential for overlooking to the adjoining neighbours dwelling. The drainage required to adequately construct the wall has been provided.

The proposed variation to the cut and fill control is considered acceptable in this instance.

3. Issues Raised in Submissions

The proposal was notified for 21 days. The issues raised in the submissions are summarised below.

ISSUE/OBJECTION COMMENT The setback of the cabana

(pergola) is 700mm and not 900mm. The floor is concrete and not decking.

Approval was obtained prior to the construction of the cabana. The Certifier could not however finalise the cabana as it was not setback 900mm from the boundary as approved. The survey plan confirms that the north eastern column is 900mm off the boundary however; the south eastern column is only 875mm off the boundary. The subject cabana complies with the BCA requirements as it is setback at least 900mm from the existing dwelling on the property and is therefore supportable in its current location.

The plans detail a timber deck as opposed to a concrete slab. The plans used were prepared prior to the construction of the alfresco area and this was changed as the construction progressed. The concrete floor covering is considered suitable

The ground level has been raised up to 1.3m above natural ground level at the south end of the rear boundary.

An inspection of the property did not identify where the yard has been raised by 1.3m. Rather it appeared to be raised up to approx. 0.9m at the highest point which was in the southern corner of the property. The works are considered supportable as the owner has provided sufficient documentation to confirm structural adequacy and drainage of the raised ground area. A new 1.8m high timber boundary fence has also been installed on top of the retaining wall which aids in the protection of privacy to adjoining properties.

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PAGE 8 ISSUE/OBJECTION COMMENT

The new timer boundary fence is 3.10m high at the south east corner. Concern is also raised as to the longevity of the fence and failure to consult neighbours before construction.

The owner is entitled to install a 1.8m high fence above their ground level (being the new raised ground level). Boundary fencing is considered to be a civil matter and will not be enforced by Council.

Furthermore, the fence aids in the protection of privacy to adjoining properties.

A certificate from a structural engineer has been provided confirming that an ag pipe has been installed behind the retaining walls to service the walls and connects into the absorption trench. It is unlikely that damage will be caused from a suitably constructed wall, and that normal weathering of the fence can be expected.

There are already substantial water flow issues and drainage problems identified with the property.

The owner of 29 Keswick has provided a certificate from a licensed plumber confirming that the plumbing and drainage works servicing the dwelling complies with relevant standards. The cabana consists of downpipes which drain to the street. A certificate from a structural engineer has been provided confirming that an ag pipe has been installed behind the retaining walls to service the walls and connects into the absorption trench. A certificate from a structural engineer has also been provided confirming that they are satisfied with the construction of the absorption trench.

The owner has also indicated that a blocked downpipe was found on the property which was likely to be contributing to the issue and has since been fixed.

Hard to soft ground ratio does not comply and therefore amplifies stormwater issues.

The dwelling and associated building works have been constructed as Complying Development. Under section 3.24 of ‘State Environmental Planning Policy (Exempt and Complying Development Codes) 2008’, the landscaped area only has to be 30% which leaves 70%

for hardstand surfaces. Site coverage therefore complies.

A pool pump was installed without sound attenuation and will affect sleeping arrangements.

The pool pump has recently been enclosed within an acoustic pool pump box.

A flood light has been installed on the north-eastern wall of the dwelling and shines directly into adjoining properties.

The matter was raised with the owner and advised that they redirect the lights to avoid any nuisance to adjoining properties.

4. 149D Obligations of Council to issue building certificate The Council must issue a building certificate if it appears that:

(a) there is no matter discernible by the exercise of reasonable care and skill that would entitle the Council, under this Act or the Local Government Act 1993 :

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PAGE 9 (i) to order the building to be demolished, altered, added to or rebuilt, or

(ii) to take proceedings for an order or injunction requiring the building to be demolished, altered, added to or rebuilt, or

(iii) to take proceedings in relation to any encroachment by the building onto land vested in or under the control of the Council, or

(b) there is such a matter but, in the circumstances, the Council does not propose to make any such order or take any such proceedings.

In reviewing the above, it is clear that the building certificate must be issued if there is no matter discernible that would warrant the unauthorised changes to the cabana, in-ground pool or retaining wall to be demolished, altered, added to or rebuilt. In this situation, the unauthorised front fence and retaining walls are not considered to be a significant impact on the environment with respect to Section 79C requirements and the THDCP objectives for cut and full.

CONCLUSION

The Development 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.

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 Building Information Certificate application be approved.

ATTACHMENTS 1. Locality Plan 2. Aerial Photograph 3. Site Plan

4. Elevations

5. Site photographs

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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

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PAGE 13 ATTACHMENT 4 – ELEVATIONS

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PAGE 14 ATTACHMENT 5 – SITE PHOTOGRAPHS

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