Compliance with the requirements of the National Fire Service at all stages of the subdivision as set forth in their letter dated Ref D16/0674 attached to this authorization as Attachment A. Compliance with the requirements of the Bureau for Environment and Heritage at all stages of the subdivision as set out in their letter dated Ref SF16/16744 attached to this consent as Attachment B. Compliance with the requirements of the Roads and Maritime Services at all stages of the subdivision as set forth in their letters dated and Ref SYD attached to this consent as Attachment D .
The design and construction of the engineering works listed below must be provided in accordance with the Subdivisions/Developments Design Council Guidelines and Subdivisions/Developments Works Specifications. The location/extent of the fire trail within lots 5 to 9 should be designed with this in mind. A swivel head is required after part 3 at the end of the fire trail as per RFS conditions.
Management of Area Subject to Vegetation Management Plan (VMP)
Development in Accordance with Submitted Plans (as amended)
The acoustic fences, 1.8 meters high, are made of wooden panels and are green or gray, which is friendly to the environment. Childcare centers are permitted with consent in the R3 zone but are not permitted in the R2 zone. The proposal includes variations to the DCP in relation to congestion, the location of outdoor pitches and basement parking.
The concerns raised in the submissions related to traffic congestion, noise pollution, speeding drivers on the new road, car parks, ventilation in the car park, the width of the centre's 'entrance', over development, development not permitted in R3 medium density zoning, adequate child care centers in the locality, setbacks, damage to properties and/or existing rainwater infrastructure, insufficient rainwater measures and maintenance of fences and nature strips. These issues are dealt with in the report and do not warrant rejection of the application. 31/10/2016 Letter sent to the applicant requesting additional information and changes to meet the requirements of the DCP.
12/01/2017 Further letter sent to the applicant requesting outstanding
Compliance with Local Environmental Plan 2012
The site is part zoned R3 Medium Density Residential under The Hills Local
Minor incursions of land uses into neighbouring zones are permitted through Clause 5.3
Compliance with DCP 2012
DEVELOPMENT
A side setback of 2m is provided to the north-west boundary. Uses located adjacent to
Comment
Issues Raised in Submissions
The proposal was reviewed by the Council's transport department and concluded that the additional journeys at peak times are expected to have a negligible impact on the operational efficiency of the surrounding road network or nearby junctions. The development of the subject site requires the construction of a road in accordance with the requirements of the DCP street plan, therefore the proposal includes the construction of a new road connecting Acres Road with Golden Grove Avenue. The proposed childcare is not expected to increase the use of the surrounding infrastructure beyond capacity.
There were concerns about possible noise pollution from the new road, vehicles entering and leaving the site and from the daycare center itself. An acoustics report submitted as part of the application determined that the proposal is not expected to significantly increase noise levels. Consent conditions are recommended to ensure that the recommendations of the acoustic assessment and report submitted as part of the development application are implemented; in particular the recommendations to achieve background plus 5dB operating noise, per clause E2.10 of DCP part B section 6.
Concerns were raised that there is already a childcare center in the locality (800m away on Acres Road) and there is no need for another. The childcare center is permitted within the R3 medium density zone and the R2 component of the plot is within 20m of the R3 component and is permitted under clause 5.3 of the LEP 2012. The proposed design of the childcare center is considered satisfactory and integrates with the existing street and a lower density of development in the locality.
The proposed childcare setbacks are not expected to cause damage to surrounding properties. It appears that the objector has interpreted the new road as the childcare entrance. Concerns have been raised about the status and upgrading of the existing fence between the subject plot and no.
Clarification is being sought as to who will be responsible for the maintenance of the nature strip for the new road.
ENVIRONMENTAL HEALTH & SUSTAINABILITY COMMENTS
Development in Accordance with Submitted Plans
External Finishes
Tree Removal
Planting Requirements
Provision of Parking Spaces
Separate application for other signs
7. Protection of Public Infrastructure
Vehicular Access and Parking
Street Trees
Road Opening Permit
11. Construction Certificate
Demolition Notification
Building Work to be in Accordance with BCA
Demolition Inspections
Acoustic Requirements
Contamination Assessment & Site Remediation
Control of early morning noise from trucks
Control of Noise from Trucks
Management of Construction and Demolition Waste
Council to locate a building waste container in a public place. Any material moved offsite
Disposal of Surplus Excavated Material
Commencement of Business Waste Service
Construction of Bin Room
8. The room must be provided with an internal automatic sensor light
Fencing Requirements
Damage to Adjoining Properties
Ventilation for the Basement Carpark
Engineering Works and Design
Council will have an ongoing risk exposure and management/ maintenance liability
- Security Bond Requirements
- Sediment and Erosion Control Plan
- Landscape Bond
- Tree Protection Fencing
be equal to the amount payable under the relevant term; If the council should raise the deposit, 14 days' written notice will be given to the applicant. A Sediment and Erosion Control Plan prepared in accordance with Council's Works Specification Subdivision/Developments must be submitted.
It will be refunded 6 months after the final certificate of occupation has been issued and a certificate from a qualified landscape architect or the Council's tree management team has been submitted to Council that the works have been maintained in accordance with the approved landscape plan. Planning approval must be obtained from Sydney Water Tap in™ to ensure that the approved development will not impact on Sydney Water infrastructure. A copy of the Sydney Water Tap in™ Construction Plan Approval Certificate must be submitted to the Principal Approval Authority on request prior to commencement of work.
Reference is made to the website http://www.sydneywater.com.au/tapin/index.htm, Sydney Water Tap in™, or phone 13 20 92. Before any work commences on site, wooden protective fencing must be in place approx. trees or groups of trees nominated for retention. In order of priority, the location of fences must be according to the tree protection plan according to the arborist report for the project.
34. Tree Protection Signage
- Mulching within Tree Protection Zone
- Traffic Control Plan
- Erection of Signage – Supervision of Work
- Contractors Details
- Service Authority Consultation – Subdivision Works
- Consultation with Service Authorities
- Principal Certifying Authority
- Stabilised Access Point
- Builder and PCA Details Required
- Notification of Asbestos Removal
- Erosion and Sedimentation Controls
Setting up suitable fencing or other measures to restrict public access to the site and construction work, materials or equipment when construction work is not in progress or the site is otherwise unoccupied. Placing a sign in a prominent place stating that unauthorized access to the site is not permitted and stating a contact name and telephone number after business hours. In the case of a private certified development, name and contact number of the primary certifying authority.
There must be unimpeded access for the electricity supply authority during and after construction to electricity meters and measuring equipment. The building plans must be submitted to the relevant Sydney Water office to determine whether the development will affect Sydney Water's sewer and water mains, stormwater drains and/or easements. A sign must be erected in accordance with § 98 A, subsection 2, in the Environmental Plan and Assessment Regulations 2000.
A stabilized all-weather access point must be provided prior to the commencement of site works, and must be maintained during construction activities until the site is stabilized. The controls must be in accordance with the requirements with the details approved by the Council and/or as prescribed by the Council officers. These requirements will be in accordance with Urban Stormwater Management – Lands and Construction produced by the NSW Department of Housing (Blue Book).
Written notice of the builder's name, address, telephone number and fax number to be submitted to the principal authority for approval prior to commencing work. Two days before the start of work, the Council is notified of the main certifying body in accordance with the regulations. Erosion and sedimentation control must be established prior to the start of construction work on the construction site and maintained throughout construction until the land is rehabilitated and/or properly restored.
These requirements must be in accordance with Urban Stormwater Management - Soils and Construction (Blue Book) prepared by the NSW Department of Housing.
47. Site Water Management Plan
Demolition Works and Asbestos Management
Discontinuation of Domestic Waste Services
Construction and Demolition Waste Management Plan Required
Construction Management Plan
Hazardous Materials Survey
Adjoining Property Dilapidation Report
Critical Stage Inspections – Subdivision Works
Aboriginal Archaeological Sites or Relics
National Parks and Wildlife Act 1974
European Sites or Relics
Working Hours
60. Survey Report
Compliance with Critical Stage Inspections and Other Inspections Nominated by the Principal Certifying Authority
Landscaping Works
Additional Hand Wash Basin in Bottle preparation area
Asbestos Removal
Dust Control
66. Construction and Fit-out of Food Premises
Further contamination assessment
Rock Breaking Noise
Construction Noise
Contamination
PRIOR TO ISSUE OF AN OCCUPATION AND/OR SUBDIVISION CERTIFICATE
Completion of Engineering Works
Pump System Certification
Completion of Subdivision Works
Works as Executed Plans
Performance/ Maintenance Security Bond
Confirmation of Pipe Locations
Section 73 Compliance Certificate
Provision of Electrical Services
80. Provision of Telecommunication Services
Final Plan and Section 88B Instrument
Stormwater CCTV Recording
Public Asset Creation Summary
Validation report
Food shop registration requirements
86. Food Premises Final Inspection
Occupational Hygienist Report for Asbestos Removal
Noise Management Plan
Final Dilapidation Survey
The Use of the Child Care Centre
Maintenance of Landscaping Works
Offensive Noise
Noise to Surrounding Area
Lighting
95. Final Acoustic Report
Number of Children
ATTACHMENT 1 – LOCALITY PLAN
ATTACHMENT 2 – AERIAL PHOTOGRAPH
ATTACHMENT 3 – SITE PLAN
ATTACHMENT 4 – ELEVATIONS
ATTACHMENT 5 – ELEVATIONS AND SECTIONs
ATTACHMENT 6 – LANDSCAPE PLAN
ATTACHMENT 7 – SUBDIVISION PLAN
ATTACHMENT 8 – ZONING OVERLAY MAP
The development application is for the use of Shop 6 at Glenhaven Shops as a gym known as 'F45 Glenhaven'. Parking is provided in a communal car park which includes 47 spaces required by the Glenhaven Shops Basic Consent. The report concludes that the proposed operating time will not have a negative impact on the orderliness of neighboring residential buildings, if physical and operational measures are implemented to reduce noise emissions.
Six submissions opposing the application and 46 submissions in support of the application were received in response to the first notice period. Three submissions opposing the application and 32 submissions in support of the application were received in response to the second notification period. These concerns have been addressed in the report and do not warrant further modification or rejection of the application.
07/06/2016 Show Cause Letter issued to F45 Fitness warning that noise complaints were received and that the premises were operating beyond the hours of operation permitted by the CDC.
14/07/2016 Letter sent to the applicant requesting additional information in
ISSUES FOR CONSIDERATION
Compliance with LEP 2012
Compliance with the SEPP (Exempt and Complying Development Codes) 2008
Issues Raised in Submissions
Operating from 5.30am is too early for a residential area and people living in the immediate vicinity will be greatly affected by the noise inside and outside the facility. In addition to the music, you can hear the noise of people coming and going, with people milling around and talking in the parking lot while their motorbikes are running. Noise emanating from the parking lot cannot be attributed solely to the proposed gym during normal business hours.
A parking management plan is proposed before 7 a.m. to limit the use of parking spaces closest to residential receivers. Noise is caused by the opening and closing of the fire door at the rear of the complex, which starts early in the morning and does not stop until late in the evening. It appears that this door is permanently open and swings in the wind when not in use.
The Acoustic Report recommends that the windows and doors of the proposed gym be closed at all times during operation. Therefore, the proposed use is considered to have adequate measures to limit noise propagation. However, a condition of consent restricting customer and staff entry and exit to the main entrance (except in an emergency) constitutes a recommended condition of this consent.
The gymnasium has the potential to affect the prices of adjacent residential properties in the future or at least deter potential buyers. Concerns have been raised that the oval is becoming a hub for commercial enterprise, with several 'personal trainers' setting up their training sessions in various locations around the oval. Concerns regarding the use of Glenhaven Oval have been referred to the Council's community, economic development and venues section for separate consideration.
FIRE SAFETY COMMENTS
Construction Certificate
Building Work to be in Accordance with BCA
Separate application for signs
Clause 94 Considerations
Offensive Noise - Acoustic Report
Acoustic requirements
The music shall not be audible in any neighbouring premises;
Hours of Operation
ATTACHMENT 1 – LOCALITY PLAN
ATTACHMENT 2 – AERIAL PHOTOGRAPH
ATTACHMENT 3 – FLOOR PLAN
ATTACHMENT 4 – CAR PARK MANAGEMENT PLAN
