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Development Assessment Unit

Tuesday, 09 September 2014

THE HILLS SHIRE COUNCIL

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA NO. 827/2014/LD - A THREE STOREY DWELLING - LOT 317 DP 883985, NO. 10 KIRRILY WAY, CASTLE HILL

8

ITEM-3 DA 1237/2014/HA - ALTERATIONS AND ADDITIONS TO AN APPROVED FISH SHOP - LOT 1 DP 206706, NO. 502 OLD NORTHERN ROAD, DURAL

42

ITEM-4 DA NO. 1200/2014/HA - A SECONDARY DWELLING - LOT 2 DP 135556, NOS. 228-230 ANNANGROVE ROAD, ANNANGROVE

63

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 3 MINUTES OF THE DEVELOPMENT ASSESMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 2 SEPTEMBER 2014:

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 Stewart Seale Manager – Forward Planning Kristine McKenzie Principal Executive Planner

APOLOGIES Nil

TIME OF COMMENCEMENT 8:30am

TIME OF COMPLETION 9:05am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 26 August 2014 be confirmed.

ITEM-2 DA NO. 450/2007/HC/A - SECTION 96(1A) MODIFICATION APPLICATION - TWO STOREY RETAIL AND COMMERCIAL DEVELOPMENT - LOT 74A DP 382589 - NO. 25 WINDSOR ROAD, KELLYVILLE RESOLUTION

The Section 96 Modification Application be approved subject to:

1. Condition No. 1 be deleted and replaced as follows:

1. Development in Accordance with Submitted Plans

The development to be carried out in accordance with the plans stamped and returned with Development Consent 450.2007/HC and 450/2007/HC/A with the following plans and details, except where amended by other conditions of consent.

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 4 REFERENCED DEVELOPMENT PLANS AND DOCUMENTS

DRAWING NO. DESCRIPTION REVISION DATE

4579 Lower Ground Plan A 19/03/2014

4579 Ground Floor Plan A 19/03/2014

4579 First Floor Plan A 19/03/2014

4579 South West Elevation A 19/03/2014

4579 South East Elevation A 19/03/2014

4579 North West Elevation B 12/08/2014

4579 North East Elevation A 19/03/2014

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.

2. The following conditions be added.

GENERAL MATTERS

27A. Application for Building Certificate

As building works that form part of the modified consent have commenced, an application for building certificate is to be lodged with Council within 30 days of the determination date of the D/A.

The information that is required to be submitted with the Building Certificate application includes:

i. Survey report.

ii. Plans clearly indicating the variations from the approved Development Application plans.

iii. Documentation indicating certification of the development (All certification that would be submitted with an occupation certificate for the premises such as structural certification, list of critical stage inspections and dates, BASIX compliance, glazing certificates, Fire Safety certificates etc).

iv. Any other information which may assist in the favourable determination of the application.

27B. Clause 94 Considerations

Under clause 94 of the Environmental Planning & Assessment Regulation, the following fire safety/Building Code of Australia (BCA) works are to be undertaken and completed prior to the issue of the building certificate:

i. The space below the non-fire isolated stairway enclosed to form a cupboard or other enclosed space is to be modified so that the enclosing walls and ceilings have a fire resistance level (FRL) of not less than 60/60/60 and the access doorway to the enclosed space is fitted with a self-closing -/60/30 fire door.

ii. Penetrations through the floors/walls under the stair enclosure that require an FRL are to be protected in accordance with Part C3 of the BCA.

iii. Openings within 3m of the boundary are to be protected in accordance with the C3.4 of the BCA. In this regard, the front entry doors are to be protected with wall wetting drenchers with self-closing or automatic closing doors.

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 5 iv. The toilets facilities on the first floor are to be completed in accordance with AS

1428.1 – 2001.

v. Sanitary compartments are to be constructed in accordance with the BCA.

vi. Smoke detection coverage is to be provided to the modified areas forming part of this consent in accordance with AS 1670.1 -2005.

PRIOR TO ISSUE OF BUILDING CERTIFICATE

38A. 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 commencement of a change of use, 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:

Property Address: 25 Windsor Rd Kellyville

Essential Fire Safety

Measure Minimum Standard of Performance

Building Code of Australia Australian Standard Existing Proposed

Fire doors C3.4 and Spec 3.4 1905.1-2005 

Fire seals protecting openings in fire–

resisting construction

C3.12, C3.15, Spec C3.15

4072.1-2005 

Wall wetting sprinkler

and drencher system C3.4 2118.2-1999 

Automatic fire detection and alarm systems

E 2.2, Spec E2.2a 1670.1-2004 

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 6

ITEM-3 DA NO. 13682014/HA - A 24/7 INDOOR

RECREATION FACILITY (GYM) - LOT 74A DP 382589 - 25 WINDSOR ROAD, KELLYVILLE

RESOLUTION

The application be approved subject to conditions as set out in the report Condition 16 being amended to read as follows:

16. Restriction on Use

The number of persons including any staff using the gym between the hours of 10.00pm and 7.00am is limited to six (6). During these times all parking is to occur in the marked spaces fronting Windsor Road. In the event of a verified complaint regarding parking nuisance, the applicant shall explore alternative management strategies to ensure the nuisance is abated.

ITEM-4 DA 1450/2014/ZB - SUBDIVISION CREATING 18 RESIDENTIAL LOTS AND TWO RESIDUE LOTS INCLUDING NEW ROAD AND DEMOLITION - LOT 2 DP 1102727 AND LOT 202 DP 1131725, 17A TO 19 MEMORIAL AVENUE, KELLYVILLE

RESOLUTION

The application be approved subject to conditions as set out in the report.

ITEM-5 DA NO. 956/2014/HA - CONSTRUCTION OF A SHED FOR USE AS A HOME INDUSTRY AND STORAGE, HORSE ARENA AND HORSE STABLE WITH FOUR (4) BAYS - LOT 8 DP 260257 - 4 GUNDAWARRA PLACE, KENTHURST

RESOLUTION

The application be approved subject to conditions as set out in the report with the following amendment to Condition 1 shown in red:

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. 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.

The amendments in red include:

 Amendment to the site plan to result in balanced cut and fill for the horse arena.

The cut is to be increased to 700mm in the south eastern corner, resulting in a maximum of 400mm fill in the south western corner and 600mm fill in the north western corner.

 Amendment of the shed floor plan to limit the area to be used for home industry.

 Additional landscaping screening to be planted between the driveway and northern boundary.

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 7 REFERENCED PLANS

DRAWING NO DESCRIPTION SHEET REVISION DATE

20805-68206 Site Plan 1 A 29/11/2013

1 Floor Plan 1 A 02/12/2013

2 Elevations 2 A 02/12/2013

3 Elevations 3 A 02/12/2013

4 Section 4 A 02/12/2013

ITEM-6 DA NO. 1335/2014/HA - OCCUPATION OF UNIT 30 AS A RECREATION FACILITY (INDOOR) - LOT 30 SP 35872 - 30/5 SALISBURY ROAD, CASTLE HILL RESOLUTION

The application be approved subject to conditions as set out in the report.

END MINUTES

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 8 ITEM-2 DA NO. 827/2014/LD - A THREE STOREY DWELLING - LOT 317 DP 883985, NO. 10 KIRRILY WAY, 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.

LODGEMENT DATE: 20 DECEMBER 2013

AUTHOR: DEVELOPMENT ASSESSMENT COORDINATOR JAMES MCBRIDE

RESPONSIBLE OFFICER: PRINCIPAL EXECUTIVE PLANNER KRISTINE MCKENZIE

EXECUTIVE SUMMARY

The Development Application is for the construction of a three storey dwelling on a vacant allotment. The dwelling will contain four bedrooms with a triple garage.

The proposal complies with the Hills Local Environmental Plan 2012 (LEP) with the exception of a variation to building height. Clause 4.3 of the LEP limits building height to a maximum of 9 metres for the subject site. The proposed dwelling will comprise a maximum building height of 9.685 metres which represents a variation of 7.6%. The variation is considered to be satisfactory as the built form will not cause undue impact upon the amenity of adjoining properties and responds appropriately to the constraints of the site.

The proposal complies with Development Control Plan Part B Section 2 - Residential with the exception of variations to the maximum dwelling width, garage width, building setbacks and the extent of fill. The proposed variations are considered satisfactory as the built form outcome responds appropriately to the established and desired character of the locality and will not cause undue impact upon the amenity of adjoining properties.

One submission was received to the application raising concerns with respect to privacy and overlooking. The proposed design of the dwelling is considered satisfactory and will not unreasonably result in a loss of privacy to adjoining properties.

The proposal is considered satisfactory and approval is recommended.

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 9

BACKGROUND MANDATORY REQUIREMENTS

Applicant: R & A Blinman 1. LEP 2012 - Variation requested, see report.

Owner: R & A Blinman 2. The Hills DCP 2012 - Variations requested, see report.

Zoning: E4 Environmental

Living 3. Section 79C (EP&A Act) -

Satisfactory

Area: 2,001m2 4. Section 94 Contribution - Nil

Existing Development: Vacant Allotment

SUBMISSIONS REASON FOR REFERRAL TO DAU

1. Exhibition: Not required 2. First Notification

Period: 14 days 1. Variation to LEP 2012 Development

Standard between 7-10%.

3. Second Notification

Period: 14 days

4. Number Advised: Six 2. Submission received.

5. Submissions Received:

One submission received to the first notification period.

POLITICAL DONATION – None disclosed HISTORY

20/12/2013 Subject Development Application lodged.

14/01/2014 Letter sent to the applicant requesting additional information with respect to planning and engineering matters.

23/01/2014 Meeting held with applicant on site to discuss request for information.

06/03/2014 Letter sent to the applicant requesting the outstanding information within 14 days.

07/04/2014 The applicant seeks an extension of time and a further 14 days is provided to the applicant to submit the outstanding information.

27/05/2014 The applicant submits additional information which includes amended plans lowering the overall height and finished floor levels of the dwelling and the deletion of windows to mitigate privacy impacts.

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 10 26/08/2014 The applicant was requested to provide additional information

to mitigate privacy impacts and to reduce the extent of fill proposed outside of the building platform.

02/09/2014 The applicant submits additional information detailing the reduction of a window servicing a dining room and the imposition of privacy screens to the rear balcony.

PROPOSAL

The Development Application is for the construction of a three storey dwelling on a vacant allotment. The dwelling will contain four bedrooms with a triple garage.

Given the fall of the land and the inclusion of a lower ground floor level, the dwelling will present as a two storey dwelling to Kirrily Way and as three storeys at the side and rear elevations. The dwelling will comprise of a pitched roof design with brick base and cement rendered finish on the ground floor and first floor. The triple garage has a colorbond steel finish.

Associated site works include fill of approximately 1.8 metres proposed to the rear of the dwelling with approximately 2.1 metres of cut proposed to the mid-section of the dwelling.

Stormwater is proposed to be discharged to an on-site detention system with overflow to be directed to an existing drainage easement located to the rear of the property.

The site is burdened by an easement to drain water which was created as part of a preceding subdivision. The easement is located to the rear of the property. The proposed development will not encroach upon the easement.

ISSUES FOR CONSIDERATION 1. Statutory Consideration

(i) Permissibility under The Hills Local Environmental Plan 2012

The subject site is zoned E4 Environmental Living pursuant to The Hills Local Environmental Plan 2012 (LEP).

The objectives of the E4 zone are as follows:

• To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.

• To ensure that residential development does not have an adverse effect on those values.

The proposal seeks approval for the construction of a dwelling house. A ‘dwelling house’

is defined as:-

dwelling house means a building containing only one dwelling.

The proposed development is consistent with the definition for a ‘dwelling house’ which is permitted with consent in the E4 Environmental Living Zone.

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 11 (ii) Height

Clause 4.3 provides that the height of any building is not to exceed the maximum height shown for the land on the height of buildings map. A maximum building height of 9 metres applies to the subject site. The proposed development will comprise a maximum building height of 9.685 metres and therefore exceeds the development standard by 0.685 metres or 7.6%. Attachment 4 shows the proposed height.

Clause 4.3 of the LEP states the following objectives:

“(a) to ensure the height of buildings is compatible with that of adjoining development and the overall streetscape.

(b) to minimise the impact of overshadowing, visual impact, and loss of privacy on adjoining properties and open space areas.”

Clause 4.6(3) of LEP 2012 states:

Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating:

(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening the development standard.

The applicant has provided the following written request seeking a Clause 4.6 variation to the development standard for building height:

The proposed development incorporates sound site planning and design skill in achieving a development that is compatible and responsive to its context. The proposed setbacks, combined with the overall site coverage provide consistency in the massing and scale of buildings to the street. The quality of the streetscape is retained through design expression that presents a building element to the street that is appropriate to its context.

Strict compliance with the numeric height standard would not result in any reduced impact on loss of views from adjoining dwellings.

Strict compliance with the numeric height standard would not result in any reduce impact on the solar access of adjoining dwellings.

Strict compliance with the numeric height standard would not result in any reduced impact on the privacy of adjoining dwellings.

Windows facing adjoining dwellings have been kept to a minimum and positioned so that they do not have any impact on privacy. Bedroom windows have been purposely located to minimise the amount of glass facing side boundaries.

In conclusion, the proposed maximum height standard in this case is considered unreasonable in that the proposal complies with all the other objectives of the Hills Local Environmental Plan 2012 and Council’s Development Control Plan (DCP). With consideration given to the topography of Lot 317, the compliance of the driveway grade,

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 12 the non-obstruction of views, solar access or privacy and the proposed dwelling height compatible with that of adjoining developments and the overall streetscape, it is therefore requested that Council recognise the validity of this case and agree to this Clause 4.6 Variation.

Comment:

The proposed dwelling will comprise a building height of 9.685 metres which exceeds the development standard of 9 metres by 7.6%. The non-compliance occurs at the mid- section of the roof and is attributed to the sloping nature of the site and the design of the dwelling at the rear elevation. The site has a gradient of approximately 21% falling from the front boundary to the rear of the proposed dwelling.

The objective of Clause 4.3 is to ensure that the height of buildings is compatible with that of adjoining development and the streetscape. Additionally, the building height development standard aims to minimise the impact of overshadowing, visual impact, and loss of privacy on adjoining properties and open space areas. As such, the development standard for building height and the development controls for building setbacks, building design, solar access and overshadowing have been considered with respect to the merits of a variation.

The proposed dwelling will not unreasonably overshadow adjoining properties given the orientation and topography of the site. Adjoining properties will receive at least 4 hours of solar access to private open space areas during 9am and 3pm of the winter solstice as required by the DCP. Attachment 6 shows the shadow diagrams.

With respect to bulk and scale, the dwelling will present as a two storey dwelling from Kirrily Way. However given the sloping nature of the site and the inclusion of a lower ground floor area, the dwelling will present as three storeys at the side and rear elevations. It is noted that the proposed dwelling will provide a setback in excess of 60 metres to the rear boundary and will be screened by dense vegetation located within the riparian corridor. The combination of the substantial setback and existing landscaping will reduce the perceived bulk and scale of the dwelling to adjoining properties at the rear. It is further noted that the bulk and scale of the dwelling is comparable to the bulk and scale of established dwellings within the locality.

The potential privacy and overlooking impacts have been considered in the design of the proposed dwelling. Given the sloping nature of the site and the inclusion of a lower ground floor, the finished ground floor level at the rear elevation will be approximately 3 metres above finished ground level and will service the primary living areas of the dwelling. Given the potential for privacy impacts, the proposal was amended to delete and reduce the size of windows on the south western side elevation of the ground floor to minimise overlooking to adjoining properties. It is noted that the ground floor does not contain windows on the northern side elevation that service living areas.

Additionally, the size of the rear balcony servicing the ground floor has been reduced in size and offset from the side boundaries to minimise overlooking. In addition, a 1.8 metre high privacy screen has been incorporated along the side elevations of the rear balcony.

The dwelling has been designed to respond appropriately to the sloping nature of the site. The design adopts a split ground floor level with the dwelling being 350mm lower than the garage. The level of the garage is limited by the requirement to comply with Council’s Design Guidelines for driveway gradients.

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 13 The proposed departure to the building height development standard will not cause undue impact on the amenity of adjoining properties with respect to overshadowing, privacy, view loss and perceived bulk and scale.

Clause 4.6 (4) of LEP 2012 states:

Development consent must not be granted for development that contravenes a development standard unless:

(a) the consent authority is satisfied that:

(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

Comment: The applicant has adequately addressed the matters required to be addressed by subclause (3).

(ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and Comment: As detailed above, the proposal is an appropriate development outcome in regard to public interest and is consistent with the objectives of the E4 Environmental Living zone.

(b) the concurrence of the Director-General has been obtained.

Comment: Council has assumed concurrence under the provisions of Circular PS 08–003 issued by the Department of Planning and infrastructure.

The applicant has adequately demonstrated that the proposed development is in the public interest and is consistent with the objectives of Clause 4.3 ‘Height of Buildings’

and the E4 Environmental Living zone. In this regard, the variation to building height will not create a building of excessive height, bulk or scale nor will it cause undue impacts upon the amenity of adjoining residential properties. A variation to the building height in this instance is considered to be satisfactory given that the application of the development standard in this instance is considered to be both unreasonable and unnecessary. In this regard, the variation can be supported.

(iii) Development Control Plan Part B Section 2

The proposal has been assessed having regard to the requirements of DCP Part B Section 2 and complies with the exception of the front setback, dwelling width, garage location and fill. These matters are detailed below:

DCP STANDARD REQUIRED PROPOSED COMPLIANCE Front Setback 10 metres 8.59 metres No, however the

setback will not

adversely impact on the streetscape.

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 14 Max Dwelling Width

Width of allotment at the building line:

Percentage of width at the building line:

Greater than 18m 75%

The dwelling is 17.6m wide which is 82%

No, however the design of the dwelling is considered satisfactory.

Garage

Location Garages should be no more than 6.5m in width and should not extend across more than 50% of the width of the property (measured at the required building line setback).

9.1 metres and

51% of façade No, however the design of the garage relative to the façade is considered satisfactory.

Cut and Fill Maximum 600mm of filling without a concealed dropped edge beam.

Maximum of 1.5 metres with a concealed dropped edge beam.

1800mm of fill

proposed No, however the extent of fill is considered to be satisfactory.

The proposed variations to the DCP are addressed below:

a. Front Setback

The DCP requires a minimum front setback of 10 metres. The proposed dwelling will comprise a front setback of 8.59 metres to Kirrily Way representing a variation of 14%.

The objectives of the building setback control are detailed below:

(i) To provide setbacks that complements the streetscape and protects the privacy and sunlight to adjacent dwellings in accordance with ESD Objective 7.

(ii) To ensure that new development is sensitive to the landscape setting, site constraints and established character of the street and locality.

(iii) To ensure that the appearance of new development is of a high visual quality and enhances the streetscape.

The applicant has provided the following justification to vary the front setback control:

The proposed development incorporates sound site planning and design skill in achieving a development that is compatible and responsive to its context. The proposed setbacks, combined with the overall site coverage provide consistency in the massing and scale of buildings to the street. The quality of the streetscape is retained through design expression that presents a building element to the street that is appropriate to its context.

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 15 Comment:

The objective of the front set back control is to enhance the separation of dwelling houses from the street in order to minimise bulk and scale. The variation in this instance is considered to be satisfactory given the constraints of the site with respect to the steep topography. The garage location is limited given the fall of the site from Kirrily Way and the requirement for the proposed driveway to comply with Council’s Design Guidelines for driveway gradients. In this respect, increasing the set back of the garage to comply would result in a driveway that would be non-compliant with Council’s Design Guidelines.

The finished ground floor level of the dwelling is sited below Kirilly Way by approximately 2 metres which reduces the perceived bulk and scale of the dwelling. Furthermore, the site is located at the head of the cul-de-sac with the proposed front building line being consistent with the alignment of adjoining properties.

The frontage is also irregular in shape with the minimum set back of 8.59 metres not being entirely representative of the predominant street set back of the dwelling which exceeds 10 metres for a portion of the façade.

In this regard, a variation is considered to be satisfactory given that compliance with the development control would not result in an improved streetscape outcome.

b. Dwelling Width

The DCP restricts the maximum width at the building line to be no more than 75% of the allotment width, where the allotment is 18 metres wide or more. The proposed dwelling will have a width of 17.6 metres which represents 82% of the allotment width. A variation of 7% is sought in this regard.

The objectives of the dwelling width control are detailed below:

(i) To provide setbacks that complements the streetscape and protects the privacy and sunlight to adjacent dwellings in accordance with ESD Objective 7.

(ii) To ensure that new development is sensitive to the landscape setting, site constraints and established character of the street and locality.

(iii) To ensure that the appearance of new development is of a high visual quality and enhances the streetscape.

The applicant has provided the following justification to vary the dwelling width:

The proposed development incorporates sound site planning and design skill in achieving a development that is compatible and responsive to its context. The proposed setbacks, combined with the overall site coverage provide consistency in the massing and scale of buildings to the street. The quality of the streetscape is retained through design expression that presents a building element to the street that is appropriate to its context.

Comment:

The objective of the control is to ensure that sufficient separation is provided between the property boundaries and adjoining properties. In this regard, the proposed dwelling provides a setback to the northern side boundary of 2.3 metres and a setback to the

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 16 southern side boundary of 1.5 metres. The setbacks are compliant with the DCP with respect to the setbacks required for three storey dwellings which is 1.5 metres.

Furthermore, the bulk and scale of the dwelling with respect to the streetscape presentation is considered to be satisfactory. It is worth noting that the first floor is offset from the ground floor which further minimises perceived bulk and scale when considered in conjunction with the dwelling being sited 2 metres below the level of the street.

In this regard, the variation is considered to be satisfactory.

c. Garage Location

The DCP requires that garages be no more than 6.5 metres in width and should not extend across more than 50% of the dwelling façade. The proposed triple garage will comprise a width of 9.1 metres which represents 51% of the width of the façade.

The objectives of the garage location control are detailed below:

(i) To ensure that dwellings are designed with regard to site conditions and constraints such as drainage easements.

(ii) To ensure that dwelling design and siting have regard to the existing streetscape and character of the area, and the amenity of adjoining development.

(iii) To protect existing trees on the site.

(iv) To ensure that the appearance of housing is of a high visual quality and enhances the streetscape and the urban environment.

The applicant has provided the following justification to vary the garage location control as follows:

There is a triple garage proposed within the dwelling. The residents are able to park their car off the street keeping congestion to a minimum. The garage design compliments the dwelling and is consistent with garages in the street.

Comment:

The objective of the control is to minimise the visual dominance of garages from the streetscape. The articulated façade treatment for the dwelling results in the separation of the garage with a single garage component being recessed 600mm behind the double garage component. The articulation of the garage and the separation of garage doors minimises the visual dominance of the garage when viewed from the street. In addition, the garage is setback behind the front entry and is finished in recessive colours.

In this regard, the variation is considered satisfactory.

d. Cut and Fill

The DCP restricts filing to 600mm without a concealed drop edge beam and 1.5 metres with a concealed drop edged beam. The proposal results in fill of approximately 1.8 metres to the rear of the dwelling to provide a level private open space area (See Attachment 5).

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 17 (i) To ensure that dwellings are designed with regard to site conditions and minimise

the impact on landform.

The applicant has provided the following justification to vary the extent of fill proposed:

It is the intention of the owners to allow a section of the rear yard to be landscaped and benched for the enjoyment of residents and guests. Visual and noise impact will be reduced by the distances the body of the dwelling is setback from their respective boundaries.

Comment:

It is noted that the extent of fill is wholly outside the building platform and is proposed as benching to provide an at-grade private open space area directly to the rear of the dwelling. The extent of fill will be contained by a retaining wall with the site dropping away to natural contours. A variation in this instance is considered to be satisfactory as the extent of fill will provide a relatively small area of useable private open space and will not result in the adverse overlooking of adjoining properties given that properties to the rear are located in excess of 60 metres on the opposite side of the riparian corridor and are screened by dense vegetation. With respect to immediately adjoining properties, it is noted that the finished level of the private open space area will be comparable to the level of adjoining private open spaces, particularly that of No. 9 Kirrilly Way which will be in the order of 500mm higher than the levels proposed by the subject application.

Refer to Attachment No. 8 which illustrates the finished levels of the adjoining private open space area of No. 9 Kirrilly Way.

In this regard, the variation is considered satisfactory.

2. Issues Raised in Submissions

The application was notified to adjoining properties on two separate occasions. One submission was received during the first notification period. The comments made within the submission are addressed below.

ISSUE/OBJECTION COMMENT OUTCOME

Concern is raised that the proposed dwelling will result in overlooking into the living areas of an adjoining dwelling given the placement of two windows.

The design of the proposed dwelling has been amended to remove two ground floor windows on the south western elevation that were previously facing the adjoining property. In addition, the window servicing the dining room on the south elevation has been reduced to incorporate a raised sill height. Further, 1.8 metre high privacy screens have been erected on the side elevations of the rear balcony.

As a result, the proposed dwelling will not result in unreasonable opportunities for overlooking and is considered to maintain the privacy of adjoining properties.

Issued addressed.

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 18 ENGINEERING COMMENTS

The Development Application was referred to Council’s Development Engineer for review.

No objections were raised to the proposed development.

TREE MANAGEMENT COMMENTS

The Development Application was referred to Council’s Tree Management Officer for review. No objections were raised to the proposed development.

RESOURCE RECOVERY COMMENTS

The Development Application was referred to Council’s Resource Recovery Officer for review. No objections were raised to the proposed development.

NSW RURAL FIRE SERVICE COMMENTS

The Development Application was referred to the NSW Rural Fire Service. No objections were raised subject to conditions of consent.

CONCLUSION

This application has been assessed in accordance with Section 79C of the Environmental Planning and Assessment Act, 1979 and LEP 2012 and is considered satisfactory. The proposed variation to LEP 2012 in regard to height is reasonable and is supported.

Variations to The Hills Development Control Plan 2012 are proposed and have been addressed in this report. It is considered that the application is worthy of support. The concerns raised in the submission received do not warrant further amendment or refusal of the application.

IMPACTS Financial

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

The Hills Future - Community Strategic Plan

The social and environmental impacts have been identified and addressed in the report.

The proposal offers a reasonable design that does not compromise the character of the locality and the Shire as a whole.

RECOMMENDATION

The Development Application be approved subject to the following conditions of consent.

GENERAL MATTERS

1. Development in Accordance with Submitted Plans

The development being carried out in accordance with the following approved plans and details, stamped and returned with this consent except where amended by other conditions of consent.

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PAGE 19 REFERENCED PLANS AND DOCUMENTS

DESCRIPTION SHEET REVISION DATE

Site Plan & Analysis – Lot 317, 10 Kirrily Way Castle Hill prepared by Buildcraft Constructions

2 F 2 September 2014

Lower Floor Plan – Lot 317, 10 Kirrily Way Castle Hill prepared by Buildcraft Constructions

4 F 2 September 2014

Ground Floor Plan – Lot 317, 10 Kirrily Way Castle Hill prepared by Buildcraft Constructions

5 F 2 September 2014

First Floor Plan – Lot 317, 10 Kirrily Way Castle Hill prepared by Buildcraft Constructions

6 F 2 September 2014

Front and Side Elevation - Lot 317, 10 Kirrily Way Castle Hill prepared by Buildcraft Constructions

7 F 2 September 2014

Rear Elevation - Lot 317, 10 Kirrily Way Castle Hill prepared by Buildcraft Constructions

8 F 2 September 2014

Side Elevation - Lot 317, 10 Kirrily Way Castle Hill prepared by Buildcraft Constructions

9 F 2 September 2014

Section Through - Lot 317, 10 Kirrily Way Castle Hill prepared by Buildcraft Constructions

10 F 2 September 2014

Landscape Plan prepared by

Outdoor Living Constructions 1 N/A April 2014

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.

2. Compliance with NSW Rural Fire Service Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

a. At the commencement of building works and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section

4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

Water and Utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following

conditions shall apply:

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 20 b. Water, electricity and gas are to comply with the following requirements of section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

 In recognition that an unreliable reticulated water supply exists, a 5000 litre water supply shall be provided for fire fighting purposes.

 The water tank if located above ground shall be of a non-combustible material.

 All associated fittings to the tank shall be non-combustible.

 Gas cylinders kept close to the building shall have release valves directed away from the building. Connections to and from gas cylinders are to be metal. Polymer sheathed flexible gas supply lines to gas meters adjacent to building are not to be used.

 Reticulated or bottled gas is to be installed and maintained in accordance withAustralian Standard AS/NZS 1596:2014: 'The storage and handling of LP gas' and the requirements of relevant authorities. Metal piping is to be used.

Access

The intent of measures for internal roads is to provide safe operational access for emergency services personnel in suppressing a bush fire, while residents are accessing or egressing an area. To achieve this, the following conditions shall apply:

c. To aid in fire fighting activities, unobstructed pedestrian access to the rear of the property shall be provided and is to be maintained at all times.

Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

d. All exposed/external timber used in the development shall be bushfire-resisting timber species as identified within AS3959-2009 Appendix F.

These species include: Silvertop Ash, Blackbutt, River Red Gum, Spotted Gum, Red ironbark, Kwila (Merbau) and Turpentine.

e. All new fencing shall be non-combustible.

f. New construction on the northern and western elevations shall comply with Sections 3 and 7 (BAL 29) Australian Standard AS3959-2009 'Construction of buildings in bush fire- prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'

g. New construction on the eastern and southern elevations shall comply with Sections 3 and 8 (BAL 40) Australian Standard AS3959-2009 'Construction of buildings in bush fire- prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'

Landscaping

h. Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'. In this regard the following landscaping principles are to be incorporated into the development:

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 21

 Suitable impervious areas being provided immediately surrounding the building such as courtyards, paths and driveways;

 Grassed areas/mowed lawns/ or ground cover plantings being provided in close proximity to the building;

 Restrict planting in the immediate vicinity of the building which may over time and if not properly maintained come in contact with the building;

 Maximum tree cover should be less than 30%, and maximum shrub cover less than 20%;

 Planting should not provide a continuous canopy to the building (i.e. trees or shrubs should be isolated or located in small clusters);

 When considering landscape species consideration needs to be given to estimated size of the plant at maturity;

 Avoid species with rough fibrous bark, or which retain/shed bark in long strips or retain dead material in their canopies;

 Use smooth bark species of trees species which generally do not carry a fire up the bark into the crown;

 Avoid planting of deciduous species that may increase fuel at surface/ ground level (i.e. leaf litter);

 Avoid climbing species to walls and pergolas;

 Locate combustible materials such as woodchips/mulch, flammable fuel stores away from the building;

 Locate combustible structures such as garden sheds, pergolas and materials such timber garden furniture way from the building; and

 Use of low flammability vegetation species.

3. Replacement Planting Requirements

To maintain the treed environment of the Shire (5) advanced (45 litres) replacement trees from the following list are to be planted elsewhere within the property.

Syncarpia glomulifera Turpentine

Angophora costata Smooth barked Apple Eucalyptus pilularis Blackbutt

4. Protection of Existing Vegetation

Any excavated material not used in the construction of the subject works is to be removed from the site and under no circumstances is to be deposited in bushland areas.

5. Tree Removal

Approval is granted for the removal of twelve (12) trees as marked on site plan &

analysis prepared by Buildcraft constructions dated 02/12/2013.

All other trees are to remain and are to be protected during all works. Suitable replacement trees are to be planted upon completion of construction.

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PAGE 22 6. Protection of Public Infrastructure

Council must be notified of any damage to public infrastructure caused by the development. Adequate protection must be provided prior to work commencing and maintained during building operations. Any damage caused must be made good, to the satisfaction of Council, before an Occupation Certificate can be issued. Public infrastructure includes the road pavement, kerb and gutter, concrete footpaths, drainage structures, utilities and landscaping fronting the site.

7. Gutter and Footpath Crossing Application

Each driveway requires the lodgement of a separate gutter and footpath crossing application, accompanied by the applicable fee as per Council’s Schedule of Fees and Charges.

8. Minor Engineering Works

The design and construction of the engineering works listed below must be provided for in accordance with the following documents and requirements:

a) Council’s Design Guidelines Subdivisions/ Developments b) Council’s Works Specifications Subdivisions/ Developments

Any variance from these documents requires separate approval from Council.

Works on existing public roads or any other land under the care and control of Council must be approved and inspected by Council in accordance with the Roads Act 1993 or the Local Government Act 1993. A separate minor engineering works application and inspection fee is payable as per Council’s Schedule of Fees and Charges.

i. Driveway Requirements

The design, finish, gradient and location of all driveway crossings must comply with the above documents and Council’s Driveway Specifications.

- The proposed driveways must be built to Council’s residential standard.

Driveway gradient and transition gradients are to be in line with Council’s Design Guidelines and Specifications.

A separate driveway application fee is payable as per Council’s Schedule of Fees and Charges.

ii. Disused Layback/ Driveway Removal

All disused laybacks and driveways must be removed and replaced with kerb and gutter together with the restoration and turfing of the adjoining footpath verge area.

iii. Footpath Verge Formation

The grading, trimming, topsoiling and turfing of the footpath verge fronting the development site is required to ensure a gradient between 2% and 4% falling from the boundary to the top of kerb is provided. This work must include the construction of any retaining walls necessary to ensure complying grades within the footpath verge area. All retaining walls and associated footings must be contained wholly within the subject site.

Any necessary adjustment or relocation of services is also required, to the requirements of the relevant service authority. All service pits and lids must match the finished surface level.

iv. Site Stormwater Drainage

The entire site area must be graded, collected and drained by pits and pipes to a suitable point of legal discharge.

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 23 v. Earthworks/ Site Regrading

Earthworks are limited to that shown on the approved plans. Where earthworks are not shown on the approved plan the topsoil within lots must not be disturbed.

vi. Service Conduits

Service conduits to each of the proposed new lots, laid in strict accordance with the relevant service authority’s requirements, are required. Services must be shown on the engineering drawings.

9. Public Liability Insurance

All contractors working in the road reserve must have a current public liability insurance policy with an indemnity limit of not less than $10,000,000.00. A copy of this insurance must be submitted to Council prior to works commencing in the road reserve.

10. External Finishes

External finishes and colours shall be in accordance with the details submitted with the development application and approved with this consent.

11. Construction Certificate

Prior to construction of the approved development, it is necessary to obtain a Construction Certificate. A Construction Certificate may be issued by Council or an Accredited Certifier. Plans submitted with the Construction Certificate are to be amended to incorporate the conditions of the Development Consent.

12. Building Work to be in Accordance with BCA

All building work must be carried out in accordance with the provisions of the Building Code of Australia.

13. Adherence to Waste Management Plan

The Waste Management Plan submitted to and approved by Council must be adhered to at all stages in the demolition/construction/design of facilities and on-going use phases.

The information submitted can change provided that the same or a greater level of reuse and recycling is achieved as detailed in the plan. Any material moved offsite is to be transported in accordance with the requirements of the Protection of the Environment Operations Act (1997) and only to a place that can lawfully be used as a waste facility.

Receipts of all waste/ recycling tipping must be kept on site at all times and produced in a legible form to any authorised officer of the Council who asks to see them.

14. Management of Construction and Demolition Waste

Waste materials must be appropriately stored and secured within a designated waste area on site at all times, prior to its reuse on site or being sent off site. Building waste containers are not permitted to be placed on the public way at any time unless a separate application is approved by Council to locate a building waste container in a public place. Any material moved off site must be transported to a place that can lawfully be used as a waste facility or to facilities that can otherwise lawfully receive waste. The separation and recycling of the following waste materials is required: metals, timber, masonry products, clean waste plasterboard and mixed plastics and cardboard. This can be achieved by source separation on site, that is, a bin for metal waste, a bin for timber, a bin for bricks and so on. Alternatively, mixed waste may be stored in one or more bins and sent to a waste contractor or transfer/ sorting station that will sort the waste on their premises for recycling. Receipts of all waste/ recycling tipping must be kept on site at all times and produced in a legible form to any authorised officer of the Council who asks to see them.

15. Commencement of Domestic Waste Service

The property owner or agent acting for the owner must ensure to arrange the commencement of a domestic waste service with Council no later than two days after occupancy and no earlier than two days prior to occupancy of the development. The

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 24 service is to be arranged by telephoning Council on (02) 9843 0310. All requirements of Council’s waste collection service must be complied with at all times.

PRIOR TO THE ISSUE OF CONSTRUCTION CERTIFICATE

16. Onsite Stormwater Detention – Upper Parramatta River Catchment Area Onsite Stormwater Detention (OSD) is required in accordance with Council’s adopted policy for the Upper Parramatta River catchment area, the Upper Parramatta River Catchment Trust OSD Handbook.

The stormwater concept plan prepared by ALW Design Drawing SW13471-S2 Revision B dated 26 April 2014 is for development application purposes only and is not to be used for construction. The detailed design must reflect the approved concept plan.

Comprehensive design plans showing full construction details must be prepared by an accredited OSD designer and submitted with:

- A completed OSD Drainage Design Summary Sheet;

- Drainage calculations and details, including those for all weirs, overland flow paths and diversion (catch) drains, catchment areas, times of concentration and estimated peak run-off volumes;

- A completed OSD Detailed Design Checklist;

- A maintenance schedule.

The design and construction of the OSD system must be approved by either Council or an accredited certifier. This certification must be included with the documentation approved as part of any Construction Certificate.

A Design Compliance Certificate (DCC) certifying the detailed design of the OSD system can be issued by Council subject to the following being provided:

i. A completed application form;

ii. Four copies of the design plans and specifications;

iii. Payment of the applicable application and inspection fees.

17. Works in Existing Easement

All adjoining properties either benefited or burdened by the existing easement must be notified of the proposed works within the easement in writing, including commencement and completion dates, before a Construction Certificate is issued.

18. Approved Plans to be Submitted to Sydney Water

The approved plans must be submitted to a Sydney Water Quick Check agent to

determine whether the development will affect any Sydney Water wastewater and water mains, stormwater drains and/or easement, and if any requirements need to be met.

Plans will be appropriately stamped.

Please refer to the web site www.sydneywater.com.au for:

 Quick Check agents details – See building and Developing then Quick Check and

 Guidelines for Building Over/Adjacent to /Sydney Water Assets – see Building and Developing then Building and Renovating.

or telephone 13 20 92.

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PAGE 25 PRIOR TO WORK COMMENCING ON THE SITE

19. Tree Protection Fencing

Prior to any works commencing on site Tree Protection Fencing must be in place around trees or groups of trees nominated for retention. In order of precedence the location of fencing shall be a) As per Tree Protection Plan as per Arborist report for project or b) Tree Protection Zone (TPZ) as calculated under AS4970 (2009) Protection of trees on development sites c) A minimum of 3m radius from trunk.

The erection of a minimum 1.8m chain-wire fence to delineate the TPZ is to stop the following occurring:

 Stockpiling of materials within TPZ

 Placement of fill within TPZ

 Parking of vehicles within the TPZ

 Compaction of soil within the TPZ

 Cement washout and other chemical or fuel contaminants within TPZ

 Damage to tree crown 20. Tree Protection Signage

Prior to any works commencing on site a Tree Protection Zone sign must be attached to Tree Protection Fencing clearly indicating no access to area without authorisation from the project arborist or site manager. There is an example of an appropriate sign on p16 AS4970 (2009) Protection of trees on development sites.

21. Mulching within Tree Protection Zone

Prior to any works commencing on site all areas within the TPZ are to be mulched with composted leaf mulch to a depth of 100mm.

22. Separate OSD Detailed Design Approval

No work is to commence until a detailed design for the OSD system has been approved by either Council or an accredited certifier.

23. Management of Building Sites – Builder’s Details

The erection of suitable fencing or other measures to restrict public access to the site and building works, materials or equipment when the building work is not in progress or the site is otherwise unoccupied.

The erection of a sign, in a prominent position, stating that unauthorised entry to the site is not permitted and giving an after hours contact name and telephone number. In the case of a privately certified development, the name and contact number of the Principal Certifying Authority.

24. Consultation with Service Authorities

Applicants are advised to consult with Telstra, NBN Co and Australia Post regarding the installation of telephone conduits, broadband connections and letterboxes as required.

Unimpeded access must be available to the electricity supply authority, during and after building, to the electricity meters and metering equipment.

The building plans must be submitted to the appropriate Sydney Water office to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements. If the development complies with Sydney Water’s requirements, the building plans will be stamped indicating that no further requirements are necessary.

25. Principal Certifying Authority

A sign is to be erected in accordance with Clause 98 A (2) of the Environmental Planning and Assessment Regulations 2000.

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 26 26. Approved Temporary Closet

An approved temporary closet connected to the sewers of Sydney Water, or alternatively an approved chemical closet is to be provided on the land, prior to building operations being commenced.

27. Erosion and Sedimentation Controls

Erosion and sedimentation controls shall be in place prior to the commencement of site works; and maintained throughout construction activities until the site is landscaped and/or suitably revegetated. The controls shall be in accordance with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

28. Stabilised Access Point

A stabilised all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised. The controls shall be in accordance with the requirements with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

29. Builder and PCA Details Required

Notification in writing of the builder’s name, address, telephone and fax numbers to be submitted to the Principal Certifying Authority prior to work commencing.

Two days before work commences, Council shall be notified of the Principal Certifying Authority in accordance with the Regulations.

DURING CONSTRUCTION 30. Privacy Screen

A 1.8m high privacy screen is to be provided along the southern and northern side of the ground floor rear balcony. The screen is to be provided prior to the occupation or use of the structure.

31. Hours of Work

Work on the project to be limited to the following hours: - Monday to Saturday - 7.00am to 5.00pm;

No work to be carried out on Sunday or Public Holidays.

The builder/contractor shall be responsible to instruct and control sub-contractors regarding the hours of work. Council will exercise its powers under the Protection of the Environment Operations Act, in the event that the building operations cause noise to emanate from the property on Sunday or Public Holidays or otherwise than between the hours detailed above.

32. Roof Water Drainage

Gutter and downpipes to be provided and connected to an approved drainage system upon installation of the roof covering.

33. Survey Report

Survey Certificate to be submitted to the Principal Certifying Authority at footings and/or formwork stage. The certificate shall indicate the location of the building in relation to all boundaries, and shall confirm the floor level prior to any work proceeding on the building.

34. 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

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 27 No 511634S     be 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.

35. Compliance with Critical Stage Inspections and Other Inspections Nominated by the Principal Certifying Authority

Section 109E(d) of the Act requires certain specific inspections (prescribed by Clause 162A of the Regulations) and known as “Critical Stage Inspections” to be carried out for building work. Prior to permitting commencement of the work, your Principal Certifying Authority is required to give notice of these inspections pursuant to Clause 103A of the Regulations.

N.B. An Occupation Certificate cannot be issued and the building may not be able to be used or occupied where any mandatory critical stage inspections or other inspections required by the Principal Certifying Authority are not carried out.

Where Council is nominated as Principal Certifying Authority, notification of all inspections required is provided with the Construction Certificate approval.

NOTE: You are advised that inspections may only be carried out by the PCA unless by prior agreement of the PCA and subject to that person being an accredited certifier.

36. Landscaping Works

Landscaping works, associated plantings and the construction of any retaining walls are to be undertaken generally in accordance with the approved plans.

37. Dust Control

The emission of dust must be controlled to minimise nuisance to the occupants of the surrounding premises. In the absence of any alternative measures, the following measures must be taken to control the emission of dust:

 Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the construction work.

 All dusty surfaces must be wet down and suppressed by means of a fine water spray. Water used for dust suppression must not cause water pollution; and

 All stockpiles of materials that are likely to generate dust must be kept damp of covered.

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE 38. Completion of Engineering Works

An Occupation Certificate must not be issued prior to the completion of all engineering works covered by this consent, in accordance with this consent.

39. OSD System Certification

The Onsite Stormwater Detention (OSD) system must be completed to the satisfaction of the Principal Certifying Authority (PCA) prior to the issuing of an Occupation Certificate.

The following documentation is required to be submitted upon completion of the OSD system and prior to a final inspection:

a) Works as executed plans prepared on a copy of the approved plans;

b) A certificate of hydraulic compliance (Form B.11) from a suitably qualified engineer or surveyor verifying that the constructed OSD system will function hydraulically;

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 28 c) A certificate of structural adequacy from a suitably qualified structural engineer

verifying that the structures associated with the constructed OSD system are structurally adequate and capable of withstanding all loads likely to be imposed on them during their lifetime.

Where Council is not the PCA a copy of the above documentation must be submitted to Council.

THE USE OF THE SITE

40. Maintenance of Landscaping Works

The landscaping works, associated plantings and construction of retaining walls are to be effectively maintained at all times and throughout the life of the development.

ATTACHMENTS

1. Locality Plan 2. Aerial Photo 3. Site Plan 4. Elevations 5. Landscape Plan 6. Shadow Diagrams 7. Site Photos

8. Photo of Adjoining Private Open Space Area

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PAGE 29 ATTACHMENT 1 – LOCALITY PLAN

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PAGE 30 ATTACHMENT 2 – AERIAL PHOTOGRAPH

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PAGE 31 ATTACHMENT 3 – SITE PLAN

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PAGE 32 ATTACHMENT 4 – ELEVATION PLANS

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PAGE 33 ATTACHMENT 4 – ELEVATION PLANS

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PAGE 34 ATTACHMENT 4 – ELEVATION PLANS

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PAGE 35 ATTACHMENT 5 – LANDSCAPE PLAN

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PAGE 36 ATTACHMENT 6 – SHADOW DIAGRAMS 9AM

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PAGE 37 ATTACHMENT 6 – SHADOW DIAGRAMS 12PM

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PAGE 38 ATTACHMENT 6 – SHADOW DIAGRAMS 3PM

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 39 ATTACHMENT 7 – SITE PHOTOS

Photo 1 – Subject site looking south-east from Kirrily Way

Photo 2 – Subject site looking south-east towards No. 9 Kirrily Way

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DEVELOPMENT ASSESSMENT UNIT MEETING 09 SEPTEMBER, 2014

PAGE 40 ATTACHMENT 7 – SITE PHOTOS

Photo 3 – Subject site looking south-east towards No. 8 Kirrily Way

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PAGE 41 ATTACHMENT 8 – PHOTO OF ADJOINING PRIVATE OPEN SPACE AREA

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