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Development Assessment Unit

Tuesday, 23 February 2016

THE HI LLS SHIR E C OUNCI L

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DEVELOPMENT ASSESSMENT UNIT MEETING 23 FEBRUARY, 2016

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA NO. 1587/2014/HB - MULTI UNIT HOUSING DEVELOPMENT CONTAINING 28 UNITS - LOT 46 DP 650442, RMB 57 WINDSOR ROAD, BAULKHAM HILLS

4

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DEVELOPMENT ASSESSMENT UNIT MEETING 23 FEBRUARY, 2016

PAGE 3 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 16 FEBRUARY 2016

PRESENT

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

Andrew Brooks Manager – Subdivision & Development Certification Angelo Berios Acting Manager – Environment & Health

Craig Woods Manager – Regulatory Services Stewart Seale Manager – Forward Planning Kristine McKenzie Principal Executive Planner APOLOGIES

Mark Colburt Manager – Environment & Health TIME OF COMMENCEMENT

8:30am

TIME OF COMPLETION 8:42am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 9 February 2016 be confirmed.

ITEM-2 DA 751/2016/ZD – SUBDIVISION CREATING FIVE COMMUNITY TITLE RURAL RESIDENTIAL LOTS AND ONE COMMUNITY ASSOCIATION LOT (RURAL CLUSTER) – LOT 2 DP 557887 NO. 315 MAGUIRES ROAD, MARAYLYA

RESOLUTION

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

ITEM-3 DA 1645/2015/HA – PROPOSED HAND CAR WASH AND DETAILING BUSINESS – LOT 3 DP 550411 NO. 2 ACRES ROAD, KELLYVILLE

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

NB: Late submissions lodged by an adjoining landowner were tabled and discussed at the meeting.

END MINUTES

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DEVELOPMENT ASSESSMENT UNIT MEETING 23 FEBRUARY, 2016

PAGE 4 ITEM-2 DA NO. 1587/2014/HB - MULTI UNIT HOUSING DEVELOPMENT CONTAINING 28 UNITS - LOT 46 DP 650442, RMB 57 WINDSOR ROAD, BAULKHAM HILLS

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: 23 FEBRUARY 2016

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR TOWN PLANNER

SANDA WATTS

RESPONSIBLE OFFICER: PRINCIPAL EXECUTIVE PLANNER KRISTINE MCKENZIE

EXECUTIVE SUMMARY

The proposal is for the demolition of existing structures and the construction of a multi dwelling housing development. The proposal also includes the construction of a portion of Stone Mason Drive. The development comprises 28 x 3 bedroom units.

LEP 2012 requires a 10 metre height limit. The proposal has a maximum height of 10.93 metres which is a variation of 0.93 metres or 9.3%. Roof elements or parapet/feature walls and stair elements associated with the proposed roof terraces (not covered) on the northern side of the site generate the non-compliance. The non-compliance does not result in an adverse impact to amenity or streetscape. The bulk and scale of the development is appropriate.

The proposed development includes variations to DCP Part B Section 4 - Multi Dwelling Housing, including second storey side setbacks, floor levels above natural ground level, landscaped area, visitor parking and solar access to private open space requirements.

The non-compliances to the DCP mainly occur due to the slope, layout and location of the development, however the variations do not result in any significant amenity impacts to neighbouring properties or future occupants of the development.

The proposal was referred to Roads and Maritime Services (RMS) given that a temporary road access is proposed to Windsor Road which will be used until Stone Mason Drive is constructed. RMS have raised no objection to the proposal subject to conditions.

The application was notified and advertised for 14 days and no submissions were received.

The application is recommended for approval subject to a Deferred Commencement consent condition requiring the registration of an easement for drainage purposes.

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DEVELOPMENT ASSESSMENT UNIT MEETING 23 FEBRUARY, 2016

PAGE 5

BACKGROUND MANDATORY REQUIREMENTS

Applicant: Gelder Architect

Group 1. LEP 2012 – Permissible with consent. Variation to LEP height standard.

Owner: Greenview Homes

Development Pty Ltd

2. SEPP Infrastructure 2007 – Satisfactory.

Zoning: R3 Medium

Density and SP2 Infrastructure

3. DCP Part B Section 4 – Multi Dwelling Housing – Variations required, see report.

Area: 9,479m² 4. DCP Part D Section 7 – Balmoral

Road Release Area – complies.

Existing Development: Single dwelling house

5. Section 79C (EP&A Act) – Satisfactory.

6. Section 94 Contribution – Currently

$810,000.00.

SUBMISSIONS REASONS FOR REFERRAL TO DAU

1. Exhibition: Yes, 14 days. 1. Variation to LEP 2012 Development Standard between 7-10%.

2. Notice Adj Owners: Yes, 14 days 3. Number Advised: Seven 4. Submissions

Received: Nil POLITICAL DONATION – None disclosed

HISTORY

30/06/2014 Subject Development Application lodged.

10/10/2014 Letter sent to the applicant requesting further information in relation to building height, setbacks, private open space, landscaping, common open space, visitor parking, treatment at boundaries, engineering and drainge, fencing and waste storage and collection.

03/12/2014 Additional information received from applicant in relation to bin storage.

17/06/2015 Emails between applicant’s engineer and Council’s engineer.

22/09/2015 Email sent to the applicant requesting an update on the provision of the additional information. Response from applicant received advising that engineering details are still required before all the outstanding information can be submitted.

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DEVELOPMENT ASSESSMENT UNIT MEETING 23 FEBRUARY, 2016

PAGE 6 12/10/2015 Letter sent to applicant requesting the outstanding information

be submitted with 14 days.

19/10/2015 20/10/2015 26/10/2015

Emails and discussions between applicant’s engineer and Council’s engineer.

27/10/2015 Outstanding information submitted.

27/01/2016 BASIX Certificate submitted.

PROPOSAL

The proposal is for the demolition of existing structures and the construction of a multi dwelling housing development. The development comprises 28 x 3 bedroom units, with 12 of the units being provided with uncovered roof top terraces. Each unit is provided with a double garage, with some units including underfloor parking. Eight visitor car parking spaces are provided.

The proposal also includes the construction of a part of Stone Mason Drive. The construction of this part of Stone Mason Drive will continue the development of this new public road. The site will also be subdivided into two lots as part of the proposal to facilitate the public road construction. A temporary road access is proposed to Windsor Road until the permanent road access has been constructed.

Fencing along the Windsor Road frontage is masonry construction to match the development and is set back 2 metres from future property boundary to allow for landscaping. In this regard a portion of the site fronting Windsor Road is zoned SP2 Infrastructure. All works are located clear of the SP2 Infrastructure zoned land. This is consistent with other recent developments along Windsor Road.

Temporary access is proposed from Windsor Road as part of the application. However it is considered that temporary access may not be required, as the development to the south of the site, at RMB 49A-55 Windsor Road is currently under construction which includes a portion of Stone Mason Drive that connects to Spurway Drive, which provides access to Windsor Road. However, in the event that the development to the south is not completed and dedication of Stone Mason Drive has not occurred, temporary access from Windsor Road has been approved by the RMS on the southern side of the site which involves the delayed construction of one unit to provide the temporary driveway access.

ISSUES FOR CONSIDERATION 1. Compliance with LEP 2012 a) Permissibility

The site is zoned R3 Medium Density Residential and SP2 Infrastructure under Local Environmental Plan 2012. Under LEP 2012, the proposed development is defined as

‘multi dwelling housing’ as follows:

“multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.”

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DEVELOPMENT ASSESSMENT UNIT MEETING 23 FEBRUARY, 2016

PAGE 7 The proposal is for 28 attached dwellings with ground level access.

The development is wholly located within the portion of the site zoned R3 Medium Density Residential. “Multi dwelling housing” is a permissible form of development on land zoned R3 Medium Density Residential under LEP 2012 subject to consent.

LEP 2012 requires a minimum lot size of 1,800m² for multi dwelling developments. The subject site has a total site area of 9,479m², and an area of 7964.42m2 when excluding the SP2 Infrastructure zoned land.

b) Variation to Height

The LEP limits the height of the development to 10 metres. The proposal has a maximum height of 10.929 metres which is a variation of 0.929 metres or 9.3%.

Clause 4.6 Exceptions to Development Standards states as follows:

(1) The objectives of this clause are:

a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and

b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2) Consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3) 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.

(4) 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

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

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DEVELOPMENT ASSESSMENT UNIT MEETING 23 FEBRUARY, 2016

PAGE 8 (5) In deciding whether to grant concurrence, the Director-General must consider:

a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

b) the public benefit of maintaining the development standard, and

c) any other matters required to be taken into consideration by the Director- General before granting concurrence.

(6) Consent must not be granted under this clause for a subdivision of land within Zone E4 Environmental Living if:

a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or

b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

(7) After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

(8) This clause does not allow consent to be granted for development that would contravene any of the following:

a) a development standard for complying development,

b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated listed in the table to this clause,

c) clauses 4.1A, 4.1B, 5.4, 6.2 and 6.4 of this Precinct Plan.

The applicant has reviewed this matter and has concluded that:

 The proposed breaches of the maximum height standard are minor and limited.

 The development complies with Council’s design controls and there are considered to be no unreasonable amenity, density or streetscape impacts.

 The proposal is a practical balance between planning controls. Strict compliance would not materially change the proposal nor result in a better outcome.

 The proposal provides for: orderly and economic development of land, high quality housing and environmental protection.

 The development is consistent with the objectives of Clause 4.6, to provide flexibility. The merits have been demonstrated and a letter planning outcome is considered to be achieved.

 The proposal upholds the objectives of the zoning, Clause 4.3 and Clause 4.6 and is worthy of Council’s support.

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DEVELOPMENT ASSESSMENT UNIT MEETING 23 FEBRUARY, 2016

PAGE 9 Comment:

The height objectives of the LEP are:

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.

The maximum height variation relates to unit 8 within the internal elevation, with a breach of 929mm above the 10 metre height limit. Unit 17 breaches the height limit on the northern elevation by 656mm, unit 18 breaches the height limit by 600mm on an internal elevation and unit 9 is 830mm above the height limit on an internal elevation.

Roof elements or parapet/feature walls and stair elements associated with the proposed roof terraces on the northern side of the site generally contribute to the breach in height limit. The non-compliance does not result in any significant adverse impact to amenity or streetscape. The overall bulk and scale of the development is appropriate.

The proposed height of the buildings is considered satisfactory given the variations are minor and are generally internal to the site with either an internal road or side setback between the units and the neighbouring property to the north.

The design of the proposed development, particularly in terms of the materials, colours, and articulation as well as the building configuration provide appropriate articulation and modulation of the building mass. The urban form is considered to be appropriate for the area and of a modern design. The proposal presents as a compatible element within the future desired character of the locality.

There will be no unreasonable loss of privacy or amenity as a result of the variation.

Accordingly, the proposed height is considered satisfactory and can be supported in this instance.

It is also noted that in accordance with the Departments Circular PS 08-003 that Director General’s concurrence can be assumed in respect of any Environmental Planning Instrument that adopts Clause 4.6 Exceptions to Development Standards of the Standard Instrument or a similar clause.

2. Compliance with DCP Part B Section 4 – Multi Dwelling Housing and Part D Section 7 – Balmoral Road Release Area

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

 Part B Section 4 – Multi Dwelling Housing

 Part D Section 7 – Balmoral Road Release Area

The proposed development achieves compliance with the relevant requirements of DCP Part D Section 7 – Balmoral Road Release Area, however the following non-compliances with DCP Part B Section 4 - Multi Dwelling Housing have been identified:

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DEVELOPMENT ASSESSMENT UNIT MEETING 23 FEBRUARY, 2016

PAGE 10 DEVELOPMENT

STANDARD DCP 2012

REQUIREMENTS PROPOSED

DEVELOPMENT COMPLIANCE

Setbacks The 2nd storey

component is to have a setback of 6 metres to

the side/rear

boundaries.

The second storey balconies of Units 1- 4 encroach into the 6 metre rear setback, and Units 4, 5, 12, 17, 22 and 28 encroach into the 6 metre side setback. The maximum

encroachment is 2.1 metres (Unit 5).

No, however there are no adverse

impacts to

adjoining property owners.

Building Height

Floor Levels Floor levels are not to exceed 1 metre above or below natural ground level

Ground floor level of habitable rooms is a

maximum 1.9

metres above natural ground level due to the proposed underfloor car parking to Units 5- 8, 13 -17 and 22 – 28.

No, however the proposed design responds to the slope of the site.

Landscaped Area A minimum of 50% of the site to be provided with landscaping areas, exclusive of access driveways and parking.

The site provides a landscaped area of 45.2%

No, however adequate private open space is provided for each unit.

Solar Access to Private Open Space

At least 80% of dwellings are to have private open spaces that receive direct sunlight to 50% of the required courtyard area between 9am and 3pm on 21 June. For the remaining 20% of units 50% of each private open space area is to receive direct sunlight for 3 hours between 9am and 3pm on June 21.

Of the 28 units, two (7.1%) units receive full sun to 50% of their required open space, and 23 of the 28 (82.1%) units receive 3 hours or more to their private open space, and 5 of the 28 (17.9%) units receive less than 3 hours to 50% of their required open space.

No, however the solar access

outcome is

considered

satisfactory in this instance given the orientation of the site.

Visitor Parking Visitor parking is to be provided at a rate of 2 spaces per 5 dwellings.

There are a total of 28 units proposed, therefore a total of 12 visitor spaces are required. A total of 8 visitor

spaces are

provided, a shortfall of 4 spaces.

No, however some

units can

accommodate visitor parking in front of their garages.

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DEVELOPMENT ASSESSMENT UNIT MEETING 23 FEBRUARY, 2016

PAGE 11 a) Setbacks

The DCP requires the following in relation to setbacks:

Second storey component to have a setback of 6 metres to the side/rear boundaries.

The second storey balconies of Units 1-4 encroach into the 6 metre rear setback, and Units 4, 5, 12, 17, 22 and 28 encroach into the 6 metre side setback by a maximum of 2.1 (Unit 5) metres.

The applicant has provided the following justification for the variation to the setback control:

 Setbacks are designed to retain mature trees.

 The setbacks are varied with limited sections not complying. These are limited in extent and retain area for landscaping.

 External walls do not contain window openings.

 The position of the houses are staggered so as not to create extensive breaches.

Built form is relieved.

 The proposal will not generate unreasonable impacts on privacy, scale or shadowing despite the numerical breach. Basement garages do not encroach into the front setbacks (new/existing roads).

Comment:

The objectives of the DCP are:

(i) To provide an open streetscape with substantial areas for landscaping and screen planting.

(ii) To minimise overshadowing of adjoining properties.

(iii) To protect privacy and amenity of any adjoining land uses in accordance with Council’s ESD objective 7.

(iv) To ensure developments are compatible with the character of surrounding housing areas in respect of the quantity and quality of open space.

The proposed setbacks are considered satisfactory for the following reasons:

 The non-compliance to the second storey component for Units 1-4 relate to the balconies at the rear of the dwellings which look out to Castle Pines Drive and the golf course beyond. It is considered that no significant privacy impacts result from the second story balconies which are accessed from bedrooms, apart from unit 4 which is accessed from a family room. Over 30 metres separates Units 1-4 from residential development (Castle Pines) to the west.

 Units 4, 5 and 12 which encroach into the southern side setback on the second storey do not have any openings and therefore there are no privacy impacts.

Unit 22 has a small highlight window to a bedroom which will also not adversely impact on privacy.

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DEVELOPMENT ASSESSMENT UNIT MEETING 23 FEBRUARY, 2016

PAGE 12

 Units 17 and 28 encroach into the second storey northern side setback by 0.8m and 1.5m respectively. These units have highlight windows to the northern elevation which do not result in any significant privacy impacts.

 Overall, the non-compliances with the side setback control are considered satisfactory as they do not result in any significant adverse amenity impacts such as overlooking or overshadowing. Landscaping is proposed which will assist in the overall streetscape and presentation of the development and will minimise privacy impacts.

Accordingly, the proposed setbacks are considered satisfactory.

b) Finished Floor Levels

The DCP requires that developments on sloping sites are to be stepped so that the floor level of habitable rooms does not exceed one metre above or below natural ground level when measured at any point on the ground floor, and that underfloor car parking is to be considered on merit.

The development proposes the ground floor level of habitable rooms being a maximum 1.9 metres above natural ground level due to the proposed underfloor car parking to Units 5-8, 13 -17 and 22 – 28.

The applicant has provided the following justification:

 The development is stepped down the site.

 Some basement level parking is incorporated and is considered appropriate for the site, given the sloping topography.

 Minimal rise of buildings out of the ground, limited excavation to provide some basement parking.

 Considered site responsive.

 The dwellings and parking will be nestled into the hill and this arrangement will reduce the visibility of parking to the street and increase amenity.

Comment:

The objective of the DCP is:

(i) To ensure that buildings reflect the existing landform of the neighbourhood, including ridgelines and drainage depressions.

The subject site has a fall of over 18 metres from the eastern boundary to the western boundary of the site (from Windsor Road to the rear).

The proposed development has responded to the existing fall on the site and provides underfloor parking to the dwellings on the high side of the internal roads and to Stone Mason Drive (Units 5-8, 13 -17 and 22 – 28).

As the underfloor level provides only car parking spaces and does not include any habitable areas, and the design and location of Units 5-8, 13 -17 and 22 – 28 does not result in adverse privacy or amenity impacts for neighbouring properties, the proposed development and DCP variation is considered appropriate in this instance.

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DEVELOPMENT ASSESSMENT UNIT MEETING 23 FEBRUARY, 2016

PAGE 13 In respect to privacy, the development has been designed to minimise privacy impacts to adjoining properties to the north and south with adequate side setbacks, minimise window openings and the use of landscaping.

The applicant has proposed cut and fill works to ensure that the internal living areas are directly accessible from the courtyards.

In view of the above, the development reflects the size and scale of the future development envisaged in the area and the proposed variation to finished floor level is considered satisfactory.

c) Landscaped Area

The DCP requires a minimum of 50% of the site to be provided with landscaping areas, exclusive of access driveways and parking. The site is 9,479m2 which includes the SP2 Infrastructure area. As this area will be used for road widening purposes in the future, this area has been excluded from the calculations. The area of the site zoned R3 Medium Density Residential is 7964.42m2.

Based on a site area of 7964m2, the development requires a landscaped area of 3,982m2. The development provides a proposed landscaped area of 3601.5m2 (45.2%) resulting in a shortfall of 380.5m2 (4.8%).

The applicant submitted the following justification in support of the variation:

 Useable turf areas, ornamental street streets and 95% native Cumberland Woodland and some endemic street trees are proposed. Over 30% deep soil planting proposed.

 Setback areas are landscaped.

 The ratio of the site is 40%, which allows a reasonable site density whilst also providing a new road.

 Numerous existing trees to be retained.

 Other necessary utilities are provided (garbage, storage, roads, pathways, etc)

 The proposal is a reasonable balance.

 Planting is consistent with safety objectives and will provide amenity.

Comment:

The objectives of the DCP are:

(i) To provide a satisfactory relationship between buildings, landscaped areas and adjoining developments.

(ii) To minimise stormwater runoff and provide the opportunity for on-site groundwater recharge in accordance with Council’s ESD objective 3.

(iii) To ensure a high standard of environmental quality in multi dwelling housing developments and the overall visual amenity and character of the neighbourhood in accordance with Council’s ESD objective 7.

(iv) To ensure that landscaped areas can be efficiently maintained.

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DEVELOPMENT ASSESSMENT UNIT MEETING 23 FEBRUARY, 2016

PAGE 14 (v) To ensure that existing trees are given every opportunity to be incorporated into

the final design.

(vi) To ensure that vegetation removed as part of the land development process is replaced by suitable endemic species in accordance with Council’s ESD objective 4.

(vii) To avoid the creation of drainage and runoff problems through minimising the amount of impervious area.

(viii) To minimise bulk and scale of the development.

The proposed landscape works will assist in providing a vegetation screen and will soften the visual appearance of the development. The proposal will include tree planting within the front setback and a variety of planting within the private open space areas.

Furthermore, the proposal complies with common open space, and private open space landscape requirements.

The proposed development has been reviewed by Council’s Senior Biodiversity Officer and Tree Management Officer who have no objections to the proposal subject to conditions of consent requiring an amended landscape plan to be submitted prior to the issue of the Construction Certificate to consist of at least 80% local provenance and Cumberland Plain Woodland Canopy trees to be planted. It is also considered that the proposed development has a satisfactory relationship between buildings, landscaped areas and adjoining developments and does not detract from the environmental amenity of the locality.

In view of the above, it is considered that the development is satisfactory.

d) Solar Access to Private Open Space

The DCP requires the following in relation to private open space:

Multi dwelling housing developments are to be designed to ensure that at least 80% of dwellings have a private open space that receives direct sunlight to 50% of the required courtyard area between 9am and 3pm on 21 June. For the remaining 20% of units 50%

of each private open space area is to receive direct sunlight for 3 hours between 9am and 3pm on June 21.

The proposal results in two of the 28 units (7.1%) receiving full sun to 50% of their required open space, and 23 of the 28 (82.1%) units receiving 3 hours or more to their private open space, and five of the 28 (17.9%) units receiving less than 3 hours to 50%

of their required open space

The applicant has provided the following justification to the variation to solar access to private open space:

It should be noted that the solar access achieved by the development exceeds the minimum requirements for SEPP 65 and that the DCP requirement is unreasonable.

Comment:

The DCP contains the following objectives:

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DEVELOPMENT ASSESSMENT UNIT MEETING 23 FEBRUARY, 2016

PAGE 15 (i) To provide outdoor living space that is an extension of the dwelling for the

enjoyment of residents.

(ii) To provide private outdoor living space that receives a reasonable quality of sunshine during the winter months of the year.

(iii) To provide a service space for clothes drying.

The proposed solar access to the private open spaces is considered satisfactory for the following reasons:

 Over 80% of the units achieve a minimum of 3 hours or more solar access to 50% of their required private open space in winter.

 Twelve of the 28 units have been provided a roof top terrace (which is not calculated in the solar access to private open space requirements as it is not accessed directly accessible from the living area) which provides an alternative private open space to residents of the dwellings which will have unimpeded solar access.

 The slope of the site (18m drop from Windsor Road to the rear) results in overshadowing occurring from units within the development.

 Private open spaces with a high level of landscaping provides for an inviting and useable private open space for future residents.

It may also be noted that SEPP 65 relates to apartment building development and is not applicable to the proposal.

The proposed solar access is considered satisfactory.

e) Visitor Parking

The DCP requires the following in relation to visitor parking:

Visitor Parking – 2 spaces per 5 dwellings

A total of 28 dwellings are proposed, therefore 12 visitor spaces are required. The proposal provides for 8 visitor spaces, a shortfall of 4 spaces.

The applicant has provided the following justification to the variation to visitor car parking:

8 visitor parking spaces are provided for lots fronting internal roads and the other properties have visitor spaces on the driveway.

Comment:

The DCP contains the following objectives:

(i) To ensure that all car parking demands generated by the development are accommodated on site.

(ii) To protect the free flow of traffic into and out of the multi dwelling housing developments and the surrounding street network in accordance with Council’s ESD objective 7.

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DEVELOPMENT ASSESSMENT UNIT MEETING 23 FEBRUARY, 2016

PAGE 16 The proposed visitor parking rate is considered satisfactory for the following reasons:

 Of the 28 units, 8 dwellings can accommodate visitor parking within their driveway, therefore, when considering the visitor parking rate on 20 units, a total of 8 spaces are required, which have been provided on site.

 Greater visitor car parking can potentially be provided on the site, however it would likely be at the expense of landscape planting and open space.

 All units are provided with a double garage for resident parking, with some units fronting a public road (Stone Mason Drive) which will allow on-street parking.

The proposed variation to visitor parking is supported.

3. Roads and Maritime Services Comments

The application was referred to RMS and concurrence for the temporary road access was granted in accordance with Section 138 of the Road Act, 1993. A number of conditions were provided in relation to the construction of the temporary access driveway, design of the development and the mitigation of traffic noise for habitable rooms under SEPP Infrastructure 2007 (See Condition 3).

ENGINEERING COMMENTS

The proposal has been assessed by Council’s Senior Subdivision Engineer and no objection is raised to the proposal subject to conditions of consent addressing engineering, subdivision, vehicular access and parking and road construction and a deferred commencement condition requiring the creation of an easement for drainage.

Stormwater concept plans and a stormwater report along with associated models demonstrate the water quantity and quality control within the site comply with the Balmoral Road Release Area DCP and Council’s design guideline requirements. The creation of the 5m wide (minimum) drainage easement over the downstream properties is to extend north along the planned alignment of Stone Mason Drive, all the way to a legal point of stormwater discharge, namely the natural watercourse within the golf course.

The development is required to construct full width Stone Mason Drive and dedicate it as a public road at no cost to Council whilst reserving the strip of land fronting Windsor Road for future road widening by NSW RMS.

TREE MANAGEMENT COMMENTS

The proposal has been assessed by Council’s Tree Management Section and no objection is raised to the proposal subject to conditions of consent addressing tree removal, tree retention, planting requirements and protection of existing trees.

FLORA AND FAUNA COMMENTS

The proposal has been assessed by Council’s Ecology Section and no objection is raised to the proposal subject to conditions of consent addressing an amended landscape plan with at least 80% plans to be grown from local provenance seed and cuttings of Cumberland Plain Woodland, Cumberland Plain Woodland trees to be planted, trees to be removed in a way to minimise risk of injury or mortality to fauna, and an experienced wildlife handler/ecologist to be in attendance during the felling of trees on the site in order to rescue any injured wildlife.

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DEVELOPMENT ASSESSMENT UNIT MEETING 23 FEBRUARY, 2016

PAGE 17 ENVIRONMENTAL HEALTH & SUSTAINABILITY COMMENTS

The proposal has been assessed by Council’s Health and Environmental Protection Section and no objection is raised to the proposal subject to conditions of consent addressing the demolition of the septic tank, contamination, stockpiles, asbestos removal, acoustic requirements, contamination, erosion and sedimentation, stabilised access point, and dust control.

RESOURCE RECOVERY COMMENTS

The proposal was assessed by Council’s Resource Recovery Section and no objection is raised to the proposal subject to conditions of consent addressing waste storage, collection and management.

CONCLUSION

The Development Application has been assessed against the provisions of Section 79C of the Environmental Planning and Assessment Act, 1979, Local Environmental Plan 2012, Development Control Plans Part B Section 4 - Multi Dwelling Housing and Part D Section 7 – Balmoral Road Release Area and is considered satisfactory. The proposed variation to the LEP height limit and the DCP requirements are reasonable and are supported.

Accordingly, the application is recommended for approval subject to conditions including a Deferred Commencement condition.

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

DEFERRED COMMENCEMENT

Deferred Commencement – Registration of Easement

A1. Pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979 deferred commencement consent is granted subject to:

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DEVELOPMENT ASSESSMENT UNIT MEETING 23 FEBRUARY, 2016

PAGE 18 1. The creation of a 5m wide (minimum) drainage easement over the downstream properties, Lot 45 DP 215026, Lot 17 DP 1200327, SP 44999 and SP 67643. The easement must extend north along the planned alignment of Stone Mason Drive within Lot 45 DP 215026 and along the northern boundary of Lot 45 DP 215026 between Stone Mason Drive and Lot 17 DP 1200327, all the way to a legal point of stormwater discharge, namely the natural watercourse within SP 44999 and SP 67643.

2. As the easement will drain stormwater runoff from a public road (Stone Mason Drive); it must be an easement in gross in favour of Council. The total catchment this easement will service includes 57, 59, 61, 63 and 65 Windsor Road as well as Lot 17 DP 1200327.

3. The easement must not be created until the design of the associated stormwater system, which will include both a piped and overland flow component according to the minor/ major design criteria outlined in Council’s Design Guidelines for Subdivision/ Development, has progressed to the stage that the location, alignment, width and extent of the easement is known, as approved by Council’s Manager – Subdivision and Development Certification, in consultation with the affected property owners listed. The design criteria relating to these works are set out under the condition entitled “engineering works and design” included later in this consent.

4. The creation of a second 1.5m wide private/ inter-allotment drainage easement along the western boundary of Lot 45 DP 215026 extending from the subject site to the easement required to be created under point (1) above.

A2. The applicant must provide Council with written evidence demonstrating that the matters listed under Part A1 above have been satisfactorily addressed no later than four weeks before the notice of expiry date.

B. Upon compliance with the requirements of Part A1, a full consent will be issued subject to the following conditions:

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. 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: - Masonry wall to Windsor Road frontage with 2m landscape screening.

REFERENCED PLANS

DRAWING NO. DESCRIPTION ISSUE DATE

DA01 Site Plan D 22/10/2015

DA02 Lower Ground and Ground Floor Plan D 22/10/2015

DA03 First Floor and Terrace Plan D 22/10/2015

DA04 Elevations D 22/10/2015

DA05 Sections and Elevations D 22/10/2015

DA09 Cut and Fill Plan D 22/10/2015

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PAGE 19 2. 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.

3. Compliance with Roads and Maritime Services Requirements

Compliance with the following requirements of the Roads and Maritime Services (RMS) (a) The subject property is affected by a road proposal, all new buildings and

structures are to be erected clear of the land required for the road (unlimited in height or depth) together integrated to the future use of the site.

(b) The area required for road should be identified as a separate lot in any plan of subdivision.

(c) The proposed access of Windsor Road shall be temporary access until the site can be accessed via the proposed road south of the site The applicant should ensure that the access off Windsor Road to this site is closed when the proposed road construction (south of the site) is completed.

(d) The design and construction of the gutter crossing off Windsor Road shall be in accordance with Road and Maritime requirements. All redundant driveways shall be removed and replaced with kerb and gutter to match existing. Details of these requirements should be obtained from Roads and Maritime Sydney Projects on 8849 2138.

Detailed design plans of the gutter crossing are to be submitted to the Roads and Maritime for approval prior to the issue of a Construction Certificate and commencement of any road works.

It should be noted that a plan checking fee (amount to be advised) and lodgement of a performance bond may be required from the applicant prior to the release of the approved road design plans by Roads and Maritimes.

(e) A Construction Traffic Management Plan detailing construction routes, number of trucks and hours of operation, access arrangements and traffic control should be submitted to Council prior to the issue of a Construction Certificate.

(f) The applicant is to obtain a Road Occupancy Licence by contacting the Transport Management Centre’s Planned Incidents Unit on (02) 8396 1513 for any proposed temporary/partial road closure of Windsor Road.

(g) The layout of the proposed car parking areas associated with the subject development (including driveways, grades, turn paths, sight distance requirements, aisle widths, aisle lengths and parking bay dimensions) should be in accordance with AS 2890.1-2004.

(h) All demolition and construction vehicles are to be contained wholly within the site and vehicles must enter the site before stopping. A construction zone will not be permitted on Windsor Road.

(i) Detailed design plans and hydraulic calculations of any changes to the stormwater drainage system are to be submitted to Roads and Maritimes for approval, prior to the commencement of any works.

Details should be forwarded to:

The Sydney Asset Management Roads and Maritime Services PO Box 973 Parramatta CBD 2124

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PAGE 20 (j) A plan checking fee will be payable and a performance bond may be required before Roads and Maritime approval is issued. With regard to the Civil Works requirement please contact Roads and Maritime Project Engineer, External Works Ph: 8849 2114 or Fax: 8849.

(k) The proposed development should be designed such that road traffic noise from Windsor Road is mitigated by durable material in order to satisfy the requirements for habitable rooms under Clause 102(3) of State Environmental Planning Policy (Infrastructure) 2007.

(l) All works associated with the proposal are to be at no cost to Roads and Maritime.

4. 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.

5. Acoustic Requirements

The recommendations of the Acoustic Assessment and Report prepared by Far West Consulting Engineers Pty Ltd, referenced as 142895, dated 4 June 2014 and submitted as part of the Development Application are to be implemented as part of this approval.

In particular: Section 8 – Sound Insulation & Section 9 Construction Materials Recommendation.

6. Contamination Assessment & Site Remediation

The recommendations of the Site Assessment and Report prepared by Geotechnique Pty Ltd, referenced as Report No. 13185/1-AA, dated 12 June 2014 and submitted as part of the Development Application are to be implemented as part of this approval.

7. Tree Removal

Approval is granted for the removal of thirty three (33) trees numbered 7-14, 20, 22, 24-37, 40-45, 49, 50 as marked in Arborist report prepared by Tristan Bradshaw dated 18th February 2014.

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.

8. Planting Requirements

All trees planted as part of the approved landscape plan are to be minimum 45 litre pot size. All shrubs planted as part of the approved landscape plan are to be minimum 200mm pot size. Groundcovers are to be planted at 5/m².

9. Replacement Planting Requirements

To maintain the treed environment of the Shire (30) advanced (45 litres) replacement trees from the following list are to be planted elsewhere within the property.

Acacia decurrens Sydney Green Wattle

Eucalyptus tereticornis Forest Red Gum 10. Retention of Trees

All trees not specifically identified on the approved plans for removal are to be retained with remedial work to be carried out in accordance with the Arborist report by Tristan Bradshaw dated 18th February 2014 and the following requirements:

Trees 2, 3, 4, 16 and 19 - these trees are located close to the proposed masonry sound barrier. It is recommended that the sound barrier be constructed using posts of a suitable material, sunk into the ground and prefabricated panels slotted between the posts. Wallmark walls (4) have examples of this type of sound barrier fencing.

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PAGE 21 Any product or design can be used for this wall provided it is erected using posts and segments supported by these posts. Concrete footings are not recommended as substantial amounts of the root systems of these trees would be severed causing the trees to die and removal would be required.

Tree 15 - This tree is located on the line of a proposed sound barrier. The tree is of a significant nature and in excellent health and condition. The sound barrier as for trees 2, 3, and 4 should be constructed in the same manner. In this case the wall must deviate around the tree. An arborist AQF Level 5 must be present when excavating within the SRZ of this tree. There must be allowances for the wall to be shifted to accommodate tree roots encountered.

Tree 38 - This tree is proposed for retention, however there may be some decline in the health of this tree. The proposed house to be constructed will be outside the SRZ for this tree, however approximately 20% of the TPZ will be affected. To minimise health effects to this tree it is required that this tree is irrigated during construction and protected as per appendix B in Arborist Report. Irrigation set out and quantity of water applied is at the discretion of the sites consulting arborist.

11. Tree Removal and Fauna Protection

Trees shall be lopped in such a way that the risk of injury or mortality to fauna is minimised, such as top-down lopping, with lopped sections gently lowered to the ground, or by lowering whole trees to the ground with the “grab” attachment of a machine.

An experienced wildlife handler/ecologist shall be in attendance during the felling of trees on this site in order to rescue any injured wildlife. Potential hollows in lowered trees or sections of trees shall be searched by an experienced ecologist and any fauna shall be removed and, if uninjured, either released into roost boxes on the site or fed, warmed and released in the evening, or, if injured, transferred to the care of a wildlife carer and released on the site when re-habilitated. (Please note that microchiropteran bats should only be handled by appropriately vaccinated persons).

12. Adherence to Waste Management Plan

All requirements of the Waste Management Plan submitted to and approved by Council must be implemented during the construction and/ or demolition phases of the development. 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 onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them.

13. Management of Construction and/ or Demolition Waste

Waste materials must be appropriately stored and secured within a designated waste area onsite at all times, prior to its reuse onsite or being sent offsite. This includes waste materials such as paper and containers which must not litter the site or leave the site onto neighbouring public or private property. A separate dedicated bin must be provided onsite by the builder for the disposal of waste materials such as paper, containers and food scraps generated by all workers. Building waste containers are not permitted to be placed on public property at any time unless a separate application is approved by Council to locate a building waste container in a public place. 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. The separation and recycling of the following waste materials is required:

metals, timber, masonry products and clean waste plasterboard. This can be achieved by source separation onsite, 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

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DEVELOPMENT ASSESSMENT UNIT MEETING 23 FEBRUARY, 2016

PAGE 22 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 onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them 14. Surplus Excavated Material

The disposal of surplus excavated material, other than to a licenced waste facility, is not permitted without the formal approval of Council prior to works commencing onsite. Any unauthorized disposal of waste, which includes excavated material, is a breach of the Protection of the Environment Operations Act 1997 and subject to substantial penalties.

Receipts of all waste/ recycling tipping must be kept onsite 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 Services

The property owners or agents acting for the owners must ensure to arrange the commencement of a domestic waste service with Council. The service is to be arranged no earlier than two days prior to occupancy and no later than two days after occupancy of their unit. All requirements of Council’s domestic collection service must be complied with at all times. Please telephone Council on (02) 9843 0310 for the commencement of waste services.

16. Construction of Communal Bin Hides and Paved Access Path

All work involving construction of the two communal bin hides must comply with the requirements of Council’s ‘Bin Storage Facility Design Specifications’. The bin hide furthest from Windsor Road must accommodate a minimum of 15 x 240L bins, and the bin hide closest to Windsor Road must accommodate a minimum of 20 x 240L bins. The side boundaries closest to the bin hides must incorporate a paved access path to enable residents to transport their waste direct to the bin hides opposed to having to walk via the driveway and then along the street frontage.

240L bin: 735mm (d) 580mm (w) 1080mm (h)

17. Subdivision Certificate Pre-Lodgement Meeting/ Check

Prior to the submission of a Subdivision Certificate application a draft copy of the final plan, administration sheet and Section 88B instrument (where included) must be submitted in order to establish that all conditions have been complied with.

Street addresses for the lots within this subdivision will be allocated as part of this preliminary check process, for inclusion on the administration sheet.

18. Approved Street Naming

Street naming must comply with Council’s approved map which can be found on Council’s website.

19. Street Trees

Street trees must be provided for the section of Stone Mason Drive within or fronting the development site spaced between 7m and 10m apart and with a minimum of one tree per lot frontage. The location of street trees must be considerate of driveways, services, drainage pits and sight lines at intersections. The species and size of street trees must comply with the requirements of Council. Details demonstrating compliance with the above must be submitted for approval before any street trees are planted.

The establishment of street tree planting is included in the maintenance bond required to be paid. Alternatively, street trees can be planted by Council subject to payment of the applicable fee as per Council’s Schedule of Fees and Charges.

20. Recycled Water

The subject site must be connected to Sydney Water’s Rouse Hill Recycled Water Scheme, unless written evidence from Sydney Water is submitted advising that this service is not available.

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PAGE 23 21. Water Sensitive Urban Design Handover Process

An operations and maintenance plan must be prepared for all WSUD proposals. The operations and maintenance plan must include:

a) The location and type of each WSUD element, including details of its operation and design;

b) A brief description of the catchment characteristics, such as land uses, areas etc;

c) Estimated pollutant types, loads and indicative sources;

d) Intended maintenance responsibility, Council, landowner etc;

e) Inspection method and estimated frequency;

f) Adopted design cleaning/ maintenance frequency;

g) Estimate life-cycle costs;

h) Site access details, including confirmation of legal access, access limitations etc;

i) Access details for WSUD measure, such as covers, locks, traffic control requirements etc;

j) Description of optimum cleaning method and alternatives, including equipment and personnel requirements;

k) Landscape and weed control requirements, noting that intensive initial planting is required upfront to reduce the requirement for active weed removal;

l) A work method statement;

m) A standard inspection and cleaning form.

For the purposes of complying with the above a WSUD treatment system is considered to include all functional elements of the system as well as any landscaped areas directly surrounding the system.

22. Road Opening Permit

Should the subdivision/ development necessitate the installation or upgrading of utility services or any other works on Council land beyond the immediate road frontage of the development site and these works are not covered by a Construction Certificate issued by Council under this consent then a separate road opening permit must be applied for and the works inspected by Council’s Maintenance Services team.

The contractor is responsible for instructing sub-contractors or service authority providers of this requirement. Contact Council’s Construction Engineer if it is unclear whether a separate road opening permit is required.

23. 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.

24. Structures Adjacent to Piped Drainage Easements

Buildings and structures, including footings and brick fences, adjacent to existing or proposed drainage easements must be located wholly outside the easement. A design must be provided by a structural engineer certifying that the structure will not impart a load on the pipe in the easement.

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PAGE 24 25. Requirements for Council Drainage Easements

No works are permitted within existing or proposed public drainage easements unless approved by Council. Where works are permitted, the following requirements must be adhered to:

a) Provision for overland flow and access for earthmoving equipment must be maintained.

b) The existing ground levels must not be altered. No overland flow is to be diverted out of the easement.

c) No fill, stockpiles, building materials or sheds can be placed within the easement.

d) Open style fencing must be used. New or replacement fencing must be approved by Council.

26. Vehicular Access and Parking

The formation, surfacing and drainage of all driveways, parking modules, circulation roadways and ramps are required, with their design and construction complying with:

a) AS/ NZS 2890.1 b) AS/ NZS 2890.6 c) AS 2890.2

d) Council’s DCP Part C Section 1 – Parking e) Council’s Driveway Specifications

Where conflict exists the Australian Standard must be used.

The following must be provided:

i. All driveways and car parking areas must be prominently and permanently line marked, signposted and maintained to ensure entry and exit is in a forward direction at all times and that parking and traffic circulation is appropriately controlled.

ii. All driveways and car parking areas must be separated from landscaped areas by a low level concrete kerb or wall.

iii. All driveways and car parking areas must be concrete or bitumen. The design must consider the largest design service vehicle expected to enter the site. In rural areas, all driveways and car parking areas must provide for a formed all weather finish.

iv. All driveways and car parking areas must be graded, collected and drained by pits and pipes to a suitable point of legal discharge.

27. 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.

28. 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.

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PAGE 25 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/ internal roads must be built to Council’s medium duty standard, except for the driveway/ internal road between Stone Mason Drive and Windsor Road, which must be built to Council’s heavy duty standard. The requirement to provide for a heavy duty crossing only applies where the temporary access to/ from Windsor Road will be constructed, otherwise a medium duty crossing will suffice for both.

The driveways must be 6m wide at the boundary splayed to 7m wide at the kerb in Stone Mason Drive. The driveway must be a minimum of 6m wide for the first 6m into the site, measured from the boundary. On high level sites a grated drain must be provided on the driveway at the property boundary.

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. Site Stormwater Drainage

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

29. Approved Subdivision Plan

The subdivision component of the development must be carried out in accordance with the approved plan of subdivision prepared by Gelder Drawing DA08 Revision D dated 22/10/2015 except where amended by other conditions of consent and as follows:

a) The area of lot 2 needs to exclude the SP2 zoned road widening along Windsor Road.

This area needs to instead either be shown as a separate lot for future acquisition, which can only occur as exempt development due to the resultant lot size, or dedicated as public road on the final plan.

b) Stone Mason Drive cannot be dedicated as public road until such time as it is connected/ linked to the existing public road network, requiring one or more properties to either the north or south to occur first. In the event that this requirement is not met and an Occupation Certificate is otherwise able to be issued for this development, Stone Mason Drive must be incorporated into a single, larger, residue lot containing lots 1 and 2 on either side also. A positive covenant must be created on the title of this resultant lot requiring the dedication of this road upon the above criteria being satisfied. The positive covenant must be in favour of Council and the terms agreed to in advance by Council’s Manager – Subdivision and Development Certification. The temporary road bond required by this consent will be retained until this road is dedicated and the temporary road/ access to Windsor Road removed.

30. Property Numbering for Multi Unit Housing Developments The responsibility for property numbering is vested solely in Council.

The property addresses for this development are: -

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DEVELOPMENT ASSESSMENT UNIT MEETING 23 FEBRUARY, 2016

PAGE 26 Townhouse1 1 ‘Proposed Road 1’ Baulkham Hills

Townhouse 2 3 ‘Proposed Road 1’ Baulkham Hills Townhouse 3 5 ‘Proposed Road 1’ Baulkham Hills Townhouse 4 7 ‘Proposed Road 1’ Baulkham Hills Townhouse 5 8 ‘Proposed Road 1’ Baulkham Hills Townhouse 6 6 ‘Proposed Road 1’ Baulkham Hills Townhouse 7 4 ‘Proposed Road 1’ Baulkham Hills Townhouse 8 2 ‘Proposed Road 1’ Baulkham Hills Townhouse 9 44 Stone Mason Drive Baulkham Hills Townhouse 10 42 Stone Mason Drive Baulkham Hills Townhouse 11 40 Stone Mason Drive Baulkham Hills Townhouse 12 38 Stone Mason Drive Baulkham Hills Townhouse 13 33 Stone Mason Drive Baulkham Hills Townhouse 14 35 Stone Mason Drive Baulkham Hills Townhouse 15 37 Stone Mason Drive Baulkham Hills Townhouse 16 39 Stone Mason Drive Baulkham Hills Townhouse 17 41 Stone Mason Drive Baulkham Hills Townhouse 18 7 ‘Proposed Road 2’ Baulkham Hills Townhouse 19 5 ‘Proposed Road 2’ Baulkham Hills Townhouse 20 3 ‘Proposed Road 2’ Baulkham Hills Townhouse 21 1 ‘Proposed Road 2’ Baulkham Hills Townhouse 22 2 ‘Proposed Road 2’ Baulkham Hills Townhouse 23 4 ‘Proposed Road 2’ Baulkham Hills Townhouse 24 6 ‘Proposed Road 2’ Baulkham Hills Townhouse 25 8 ‘Proposed Road 2’ Baulkham Hills Townhouse 26 10 ‘Proposed Road 2’ Baulkham Hills Townhouse 27 12 ‘Proposed Road 2’ Baulkham Hills Townhouse 28 14 ‘Proposed Road 2’ Baulkham Hills

Street naming procedure must be followed and after assessment by Council and approval by Geographical Names Board, these names will be applied and properties numbered as above.

Please refer to approved numbering plan. These numbers, unless otherwise approved by Council in writing, are to be displayed clearly on all door entrances. It is essential that all numbering signage is clear to assist emergency service providers locate a destination with ease and speed.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 31. Privacy Screening

Appropriate privacy screening is required between the roof terraces to ensure mutual privacy between units. Details are required to be provided to the Private Certifying Authority prior to issue of the Construction Certificate.

32. Special Infrastructure Contribution – Growth Centres

The applicant is to make special infrastructure contribution in accordance with any determination by the Minister administering the Environmental planning and Assessment Act 1979 under Section 94EE of the Act that is in force on the date of this consent, and must obtain a certificate to that effect from the Growths Centres Commission before a Construction certificate or subdivision certificate is issued in relation to any part of the development to which this consent relates

More information on the Special Infrastructure Contribution can be found at the Growth Centres Commission’s website at www.gcc.nsw.gov

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