Development Assessment Unit

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Development Assessment Unit

Tuesday, 03 May 2016

THE HI LLS SHIR E C OUNCI L

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DEVELOPMENT ASSESSMENT UNIT MEETING 03 MAY, 2016

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 552/2016/ZD - SUBDIVISION CREATING NINE RURAL RESIDENTIAL LOTS AND ONE COMMUNITY ASSOCIATION LOT (RURAL CLUSTER) - LOT 1 DP 880471 AND LOT 3822 DP 860067, 49 AND 147 HALCROWS ROAD, GLENORIE

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PAGE 3 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILS SHIRE COUNCIL ON TUESDAY, 26 APRIL 2016

PRESENT

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

Ben Hawkins Subdivision Co-ordinator

Craig Bourke Environmental Health Co-ordinator Craig Woods Manager – Regulatory Services Megan Munari Principal Forward Planner Kristine McKenzie Principal Executive Planner APOLOGIES

Andrew Brooks Manager – Subdivision & Development Certification Mark Colburt Manager – Environment & Health

Stewart Seale Manager – Forward Planning TIME OF COMMENCEMENT

8:30am

TIME OF COMPLETION 8:39am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 26 April 2016 be confirmed.

ITEM-2 DA NO. 931/2016/HA - ADDITIONAL CAR PARKING AND RELOCATION OF THE BIN BAY FOR AN EXISTING MULTI DWELLING HOUSING DEVELOPMENT - SP 71013 - COMMON PROPERTY, 291-293 NORTH ROCKS ROAD, NORTH ROCKS

RESOLUTION

The Development Application be refused on the following grounds:

1. The proposed works do not comply with the minimum landscaped area required by DCP Part B Section 4 – Multi Dwelling Housing. The development will no longer provide a satisfactory relationship between the built form, hardstand and landscaped areas within the site.

(Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979).

2. The proposed works do not provide any common open space as required by DCP Part B Section 4 – Multi Dwelling Housing. The development will not be provided with a functional area within the development for the informal recreation of residents and children’s play.

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PAGE 4 3. The proposed works do not provide sufficient setbacks between the proposed car parking spaces and the property boundary as required by DCP Part B Section 4 – Multi Dwelling Housing. The setback of the proposed car parking spaces from the property boundary will not permit landscaping to be planted to screen the car spaces from the adjoining lots.

4. The proposed works do not adequately demonstrate compliance with the aims and objectives of DCP Part B Section 4 – Multi Dwelling Housing. The loss of the common open space area would result in the development no longer providing a high level of amenity for residents. The setback proposed for the additional car parking spaces does not allow for landscape screening and therefore cannot ensure the development will not detrimentally affect the amenity of the adjoining lots. The proposed car spaces are directly adjacent to the private open space areas on the adjoining lots.

(Section 79C(1)(a)(iii) and (b) of the Environmental Planning and Assessment Act 1979).

5. The applicant has not obtained the written consent of the benefitting authority of an easement over the lot for the proposed bin bay.

(Section 79C(1)(b) and(c) of the Environmental Planning and Assessment Act 1979).

6. The proposal has attracted three submissions raising objection to the works.

(Section 79C(1)(d) of the Environmental Planning and Assessment Act 1979).

ITEM-3 DA NO. 327/2016/HA - DA NO. 327/2016/HA - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A MULTI-DWELLING HOUSING DEVELOPMENT - LOT 10 DP 39083 - 14 - 16 BLENHEIM ROAD, CARLINGFORD

RESOLUTION

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

END MINUTES

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PAGE 5 ITEM-2 DA 552/2016/ZD - SUBDIVISION CREATING NINE RURAL RESIDENTIAL LOTS AND ONE COMMUNITY ASSOCIATION LOT (RURAL CLUSTER) - LOT 1 DP 880471 AND LOT 3822 DP 860067, 49 AND 147 HALCROWS ROAD, GLENORIE

THEME: Balanced Urban Growth

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

STRATEGY: 7.1 The Shire’s natural and built environment is well managed through strategic land use and urban planning that reflects our values and aspirations.

MEETING DATE: 3 MAY 2016

DEVELOPMENT ASSESSMENT UNIT

GROUP: ENVIRONMENT AND PLANNING

AUTHOR: SENIOR TOWN PLANNER

SIMON TURNER

RESPONSIBLE OFFICER:

MANAGER SUBDIVISION AND DEVELOPMENT CERTIFICATION

ANDREW BROOKS

EXECUTIVE SUMMARY

The development application is for a “rural cluster” subdivision creating nine community title rural-residential lots and one community association lot. The community association lot comprises 60% of the total site area and includes the majority of the site’s biodiversity which will be retained and managed in perpetuity.

The proposal is Integrated Development under Section 91 of the Environmental Planning and Assessment Act 1979 as the site is mapped as bushfire prone land. The NSW Rural Fire Service has issued their general terms of approval subject to conditions.

The application complies with The Hills Local Environmental Plan 2012 and proposes variations to The Hills Development Control Plan 2012 regarding the frontage width of one lot, the clustering of lots and the need for access via an internal private road as the proposed lots front Halcrows Road rather than accessed via an internal private road. The variations are considered acceptable as the layout responds to the constraints of the site, minimises impact on the ecologically sensitive parts of the site and does not detract from the streetscape or prevailing rural character of the area.

Three submissions were received raising concerns with the use of the community association property and impacts relating to noise and stormwater runoff. The concerns raised have been addressed in the report and do not warrant further amendment or refusal of the application.

Approval of the application is recommended.

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BACKGROUND MANDATORY REQUIREMENTS

Applicant: Group

Development Services

1. LEP 2012 – Complies

Owner: Mrs Antoun and Mr

and Mrs Arthur 2. DCP 2012 – Variations sought, see report

Zoning: RU2 Rural

Landscape 3. SEPP 55 – Satisfactory

Area: 18.3 hectares 4. SREP 20 – Satisfactory

Existing Development: Two dwelling

houses and

ancillary structures (one on each existing property)

5.

6.

Section 79C (EP&A Act) – Satisfactory

Section 94A - $3,388.00

SUBMISSIONS REASONS FOR REFERRAL TO DAU

1. Exhibition: N/A 1. Submissions received

2. Notice Adj Owners: Yes 2. Variations to DCP 3. Number Advised: 11

4. Submissions Received: Three

POLITICAL DONATION – None disclosed HISTORY

06/10/2015 The subject application was lodged.

07/10/2015 Contamination report requested from the applicant.

13/10/2015 Contamination report provided.

25/11/2015 Additional stormwater detail requested.

30/11/2015 Amended plan requested from the applicant increasing the size of the retained biodiversity within the community association lot.

21/12/2015 Amended plan and updated bushfire and ecology reporting provided.

23/12/2015 The Rural Fire Service provided their general terms of approval.

22/01/2016 Amended plan complying with the requirements of the updated bushfire and ecology reporting requested from the applicant.

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PAGE 7 28/01/2016 Further amended plan provided.

10/02/2016 Feedback on the amended plan provided to the applicant.

04/03/2016 Further amended plan provided.

13/03/2016 The Rural Fire Service provided updated comments in response to the amended plan and reporting.

PROPOSAL

The development application is for a “rural cluster” subdivision creating nine community title rural residential lots (lots 2 to 10) and one community association (lot 1). Access to each lot will be directly via Halcrows Road. The existing dwelling houses are to be retained on proposed lots 5 and 10, whilst proposed lots 4 and 6 will contain existing sheds which are also proposed to be retained. Proposed lots 2, 3, 7, 8 and 9 will be vacant. All existing structures located within the proposed community association lot will be demolished as part of the subdivision works.

The proposed plan of subdivision is provided in Attachment 4.

The installation of electricity and telecommunications services will be undertaken as part of the subdivision works. Water and sewer are not available and each lot will require tank water and on-site waste water management. As all lots front Halcrows Road, the required subdivision works are minor.

The subject site is identified as bush fire prone land. As a result, the proposal was referred to the Rural Fire Service who has raised no objection subject to conditions.

ISSUES FOR CONSIDERATION

1. THE HILLS LOCAL ENVIRONMENTAL PLAN 2012

Clause 1.2 outlines the aims of The Hills Local Environmental Plan 2012 (LEP). Of particular relevance is aim (2)(e) which is to preserve and protect the natural environment of The Hills and to identify environmentally significant land for the benefit of future generations. In respect to this particular aim the proposal seeks to undertake a rural cluster subdivision which will result in a large portion of the site being contained in the community lot for protection and management which will be enforced through the community management statement. The proposal is generally consistent with the aims of the LEP.

Subdivision is permissible with consent pursuant to Clause 2.6.

The property is zoned RU2 Rural Landscape. The objectives of the zone are:

 To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

 To maintain the rural landscape character of the land.

 To provide for a range of compatible land uses, including extensive agriculture.

 To encourage innovative and sustainable tourist development, sustainable agriculture and provision of farm produce directly to the public.

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PAGE 8 In respect to the first and fourth objectives the proposal does not seek approval for primary industry, sustainable tourist development, sustainable agriculture or provision of farm produce directly to the public and as such the objectives are not relevant.

In respect to the second objective, the proposal seeks to create additional rural residential lots on the cleared portion of the site. Only minor vegetation clearing will be required to provide for the asset protection zones associated with these lots. The rural landscape, in respect to vegetation, will be relatively consistent if the application is approved. If approved, the application will ultimately lead to the erection of dwellings which will alter the rural landscape. However, the proposal is consistent with the form of development permitted within the LEP and as such no objections are raised in respect to this matter.

In respect to the third objective, the proposal does not seek approval for a land use (subdivision only at this stage) and as such this objective is not relevant to the application.

Clause 4.1 and the associated LEP minimum lot size map identifies that subdivision in the locality is to result in lots no smaller than 10 hectares. However, the application has been made pursuant to Clause 4.1AA which promotes a type of development known as

“rural cluster” subdivision. Clause 4.1AA allows the minimum lot size specified by clause 4.1 to be set aside provided that:

(a) The land to be subdivided under the community plan is not less than 10 hectares, and

Comment:

The site, which is known as Lot 1 DP 880471 and Lot 3822 DP 860067, has a combined area exceeding 10 hectares. The proposal is consistent with the LEP in respect to this matter.

(b) The land to be subdivided under the community plan includes land identified as

“Biodiversity” on the Terrestrial Biodiversity Map or a suitably qualified professional has assessed the relevant land and certified that the development will provide a better biodiversity outcome; and

Comment:

The site contains land mapped under the Terrestrial Biodiversity Map. The applicant has submitted a report from an environmental consultant which concludes that the proposed development will result in an acceptable environmental outcome through management of the site in accordance with the vegetation management plan. The management of the site involves both the community lot and the private lots and includes weed removal and suppression, planting of appropriate species and protection of the community lot in perpetuity.

(c) After the subdivision, there will be no more than 1 lot (other than a lot comprising association property within the meaning of the community Land Development Act 1989) for each 2 hectares subdivided, and

Comment:

The proposal seeks approval for nine rural residential lots on a site with an area of 18.324 hectares. The proposal is consistent with the clause listed above.

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PAGE 9 (d) The size of any lot resulting from the subdivision (other than a lot comprising association property within the meaning of the Community Land Development Act 1989), is not less than 0.4 hectares or greater than 1 hectare.

Comment:

The proposed lots range in size from 0.680 hectares to 0.999 hectares which is consistent with the clause listed above.

The objectives of Clause 4.1AA are:

(a) to ensure that land to which this clause applies is not fragmented by inappropriate subdivisions that would create additional dwelling entitlements, (b) to encourage rural cluster subdivision that will ensure the land is developed,

managed and conserved in a holistic and sensitive manner where affected by biodiversity.

The proposed subdivision is consistent with the controls contained in the LEP relating to rural cluster subdivision. The proposal does seek to vary The Hills Development Control Plan 2012 (DCP) however these variations are considered reasonable as discussed later in this report. The proposal is consistent with objective (a) as the proposal does not seek to fragment land by an inappropriate subdivision.

The community lot will contain a large area of remnant vegetation. The community land is to be managed in accordance with a Council approved Vegetation Management Plan.

The proposal is consistent with objective (b) as the proposal has demonstrated that the development will not have a detrimental impact upon the environment.

Clause 3B states that consent must not be granted unless the consent authority is satisfied that:

(a) Appropriate management measures will be in place that will ensure the protection of the landscape, biodiversity and rural setting of the land; and

(b) Productive agricultural land will not be lost.

In respect to (a), a Vegetation Management Plan is to be established over the community association lot which details how the vegetation is to be managed on an ongoing basis.

In respect to (b), the applicant has demonstrated that the site is not suited to agricultural activities. Accordingly, productive agricultural land will not be lost.

The proposal is generally consistent with the LEP and accordingly no objections are raised.

Clause 7.4 deals with the preservation of certain mapped land for biodiversity purposes.

The proposal does not seek to develop the land being mapped by Clause 7.4 as this land is being contained (and retained) in the community lot. Accordingly, the proposal is consistent with the aims of Clause 7.4.

The proposal is compliant with the LEP and accordingly no objections are raised.

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PAGE 10 2. THE HILLS DEVELOPMENT CONTROL PLAN 2012

The Hills Development Control Plan 2012 (DCP) Part B Section 1 – Rural applies. Section 3.32 of the DCP provides detailed provisions with respect to rural cluster subdivisions.

The proposal includes three variations to these controls, which are addressed below:

CONTROL PROPOSED COMPLIES

3.32.4(a) - Dwelling houses are to be clustered and grouped. Isolation of individual lots and row or gun barrel arrangements should be avoided.

Lots 2-8 are clustered together, however Lots 9 and 10 are separately located further to the south on Halcrows Road.

No, see below

3.32.4(b) For lots fronting a public road, a minimum 60 metres frontage is required.

Lot 9 – 55 metres No, see below

Clause 3.32.5(a) - Access to be provided to lots via shared driveway

All lots to have direct frontage/

access onto Halcrows Road.

No, see below

The non-compliances are addressed below:

Grouping (clustering) of Lots

Clause 3.32.4(a) recommends lots in a rural cluster subdivision to be clustered or grouped together around an internal access road or driveway to minimise the extent of impacts upon the biodiversity land whilst also avoiding the isolation of individual lots and row or gun-barrel arrangements.

The proposal groups proposed Lots 2-8 together with each lot having direct frontage via Halcrows Road, however due to existing site conditions proposed Lots 9 and 10 are situated further to the south, also with direct access via Halcrows Road.

The objectives of this control are as follows:

i. To provide for housing that is grouped together with a mix of lot sizes so as to maintain and enhance the rural character.

ii. To provide for a viable number of dwellings to facilitate the effective operation of a community scheme.

iii. To prevent over development and reduced the impact of clearing.

The proposal is consistent with the objectives of the control as the development locates the rural-residential lots in the predominantly cleared portions of the site outside of those more densely vegetated areas. Whilst Lots 9 and 10 are not grouped with Lots 2- 8, they are located with direct access to public roads within a portion of the site which comprises disturbed bushland and is largely flat to undulating. Furthermore, the proposed lot layout rationally responds to the unique shape and frontage of the site. The proposal limits impacts of clearing to those predominantly existing disturbed areas of the property and will ensure that the rural character of the area is maintained. For these reasons it is considered that the proposed variation achieves the underlying intent and objectives of the control and supported.

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PAGE 11 Minimum Lot Frontage

The intent of this control is to maintain the rural character for this type of development when viewed from a public road/ area. The proposal seeks to vary the recommended 60m lot frontage width control for lot 9 to Halcrows Road. Proposed lot 9 is located on a bend in Halcrows Road and effectively has two fronatges, one of which is 55m. The lot contains a compliant land area and is capable of accommodating a compliant building envelope, building setbacks, bushfire setbacks and on-site wastewater disposal area.

The variation is acceptable as the rural character of the area will not be diminished due to the curvature of the road in this location and as the lot design provides opportunity for sufficient building separation.

Common Vehicular Access:

Clause 3.32.5(a) anticipates vehicular access to the site via a common driveway/ private road. Lot 5 will be the only lot provided with direct vehicular access to Maguires Road.

The direct access in this instance is the result of the applicant locating this lot closer to Maguires Road, clear of the biodiversity area which is consistent with the underlying objectives of rural cluster development. If the plan was to be amended to comply with this requirement it would require the relocation of this lot further into the site, which will have a greater impact on ecology. In addition a number of similar “rural cluster” lots nearby have been approved with direct frontages to Maguires Road.

DCP REQUIREMENT PROPOSED DEVELOPMENT Dwelling houses are to be clustered and

grouped.

The following must be avoided:

- isolation of individual lots, - row or gun barrel arrangements.

The proposal seeks to locate the development footprint within the existing cleared parts of the site and around the existing dwelling houses. There are two separate groupings of lots proposed, one of which consists of seven lots (lots 2 to 8) and the other consists of two lots (lots 9 and 10). Providing the development lots in these areas is consistent with the intent of the DCP controls.

The objectives under which this control exists are:

(i) To provide for housing that is grouped together with a mix of lot sizes so as to maintain and enhance the rural character.

(ii) To provide for a viable number of dwellings to facilitate the effective operation of a community scheme.

(iii) To prevent over development and reduce the impact of clearing.

With respect to (i) above, there are two distinct clusters. Within those clusters there are a range of lot sizes than help preserve the rural character of the locality.

The proposal seeks to provide a range of lot sizes with frontages that, on a whole, are consistent with the DCP.

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PAGE 12 With respect to (ii) above, the proposal complies with the DCP with respect to the minimum number of lots required to be provided to ensure that the community is viable.

With respect to (iii) above, the proposed number of lots is consistent with the LEP requirement of one dwelling per two hectares. The proposal does not necessitate clearing of the land in order to undertake the development of the site.

The proposal is consistent with the objectives of the control and no objections are raised to the proposal.

For lots fronting a public road, a minimum

60 metres frontage is required. Proposed lot 9 is located on a bend in Halcrows Road and has two frontages, one of which is 55 metres. The intent of the control is to maintain building separation and rural character. Whilst the proposal does not numerically comply, it achieves the objectives of the control.

Vehicular access to the site must be via a common driveway, with secondary access to individual dwellings.

The DCP recommends that vehicular access to the site be via a common private road, with secondary access from that private road to the individual lots. The proposed subdivision lot layout provides a row of development lots all having frontage and access to McClymonts Road. One objective of the control is to ensure that any proposed subdivision protects the biodiversity value of the land by minimising the extent of vegetation clearing and site disturbance for access, future building platforms and bushfire asset protection zones. Other objectives relate to providing an acceptable level of access safety and convenience for all users.

Separate access to individual dwellings to an existing public road will only be considered where:

- A single common driveway is not achievable due to the particular site constraints, or

- To facilitate access and egress for emergency services and residents.

Separate access for each dwelling is proposed via Halcrows Road. The shape of the site, being long and narrow, is not conducive to providing separate access.

The development lots are provided with direct access to Halcrows Road rather than being incorporated into the site away from the public road into the vegetated part of the site. The proposed development area is largely cleared.

The objectives of the control are:

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PAGE 13 (i) To provide an acceptable level of access, safety and convenience for all users.

(ii) To ensure access does not impact on the biodiversity values of the land.

(iii) To ensure safe access and egress for emergency services and residents is available.

The proposed development is consistent with the objectives of the control. In this instance, strict compliance with the control to provide a centralised access point would not be appropriate and no objections are raised.

The access driveway shall be incorporated into the association property and located clear of the biodiversity area.

A common access way is not proposed by the application. See above.

The proposal is generally consistent with the DCP in respect to rural cluster subdivision and no objections are raised.

3. ISSUES RAISED IN SUBMISSIONS

Three submissions were received in response to notification of the application. The concerns raised are considered below:

ISSUE/ OBJECTION COMMENT OUTCOME

An objector wanted to ensure that guns and gunfire are not allowed on this development.

This matter was put to the applicant who declined to incorporate this matter into a by- law that would form part of the

Community Management

Statement relating to the ongoing use of the site/ subdivision. The applicant felt a blanket restriction on the use of guns in a rural area was unreasonable.

There are no planning grounds upon which such a condition or control could be included in the

Community Management

Statement.

Issue addressed.

An objector wanted to ensure motorbikes were not allowed to be used on the site/ subdivision.

The community association lot is to be set aside and managed in accordance with a Council approved Vegetation Management Plan and Community Management Statement. These types of uses would not be permitted in those

Issue addressed.

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PAGE 14 areas that contain remnant

vegetation and those two documents will include requirements to this effect.

However, the use of motorbikes, or passive recreation more generally, would still be permitted within the existing cleared areas not required to be revegetated and managed.

Noise arising from such activities can be regulated separately under the Protection of the Environment Operations (POEO) Act if required.

Concern raised regarding flooding and the impacts on adjoining site from the

existing street

drainage/table drain. An additional eight lots would worsen this issue by increasing the amount of stormwater runoff.

The concerns relating to the existing street drainage/ table drain were referred to Council’s Place Management team who met with the objector and resolved to undertake works to alleviate those concerns. With respect to the subdivision, Halcrows Road follows the ridgeline, which means any stormwater runoff generated by the development of the lots created in this plan will most likely be directed away from Halcrows Road towards the rear of the site, away from the objector’s property. There are a number of tail-out drains within the subject site currently, these will be kept and easements created over them as recommended in Condition 45 below. These tail-out drains are located clear of the proposed building areas, which means the newly created lots will not be affected by nuisance stormwater impacts.

Issue addressed.

FLORA AND FAUNA COMMENTS

The flora and fauna reporting submitted in support of the application concludes that the subdivision will not cause a significant impact on vegetation communities, threatened species or their habitat. This assessment includes and considers the future impacts of the development of the lots being created, in addition to the subdivision works. It is considered that the proposal achieves a balance between the development potential of the site envisaged under the LEP and the environmental assessment requirements under Section 5 of the Environmental Planning and Assessment Act 1979. It delivers an overall environmental benefit by concentrating development within predominantly cleared areas whilst protecting critical vegetation patches and linkages under title and securing their viability in perpetuity by binding all land owners within the community scheme to contribute to the maintenance and improvement of the vegetation.

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PAGE 15 Ecological values within the community association lot will be enhanced by a Vegetation Management Plan, which will need to be prepared, approved and implemented in accordance with the requirements of Council staff as recommended below.

CONCLUSION

The application has been evaluated in accordance with Section 79C of the Environmental Planning and Assessment Act, 1979 and against the NSW Land and Environment Court

‘Criteria for the assessment of impacts on neighbouring properties’ and is considered satisfactory. Whilst variations to the DCP have been identified, those variations have been addressed and it is considered that the application is worthy of support. The issues raised within the submissions have been considered and 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 comprise the character of the locality and the Shire as a whole.

RECOMMENDATION

The Development Application be approved subject to the following conditions:

GENERAL MATTERS 1. Approved Plan

The subdivision must be carried out in accordance with the approved plan of subdivision prepared by Group Development Services Drawing 101 Revision D dated 22/01/2016 and other supporting documentation except where amended by other conditions of consent.

2. Compliance with NSW Rural Fire Service Requirements

Compliance with the requirements of the NSW Rural Fire Service throughout all stages of the subdivision as outlined in their letter dated 17 December 2015 Ref D15/3174 attached to this consent as Appendix A.

3. Subdivision Certificate Preliminary Review

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.

4. 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:

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PAGE 16 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. 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.

ii. 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.

iii. 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.

iv. Driveway Construction – Rural

A 3m wide (minimum) formed all weather driveway built to Council’s rural standard must be provided between Halcrows Road and the building platform nominated on proposed vacant lots in accordance with the above documents and Council’s driveway specifications.

5. 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.

6. Construction Certificate

Before any works are carried out a Construction Certificate must be obtained. The plans and accompanying information submitted with the Construction Certificate must comply with the conditions included with this consent.

7. Contamination Assessment and Site Remediation

The recommendations of the Site Assessment and Report prepared by DLA Pty Ltd, referenced as DL3635_S003480, dated October 2015 and submitted as part of the Development Application are to be implemented as part of this approval. In particular:

 The bitumen found at test pit 11 is removed from site prior to future civil works and redevelopment. A clearance sample of the underlying soils should then be collected to confirm the source of BaP TEQ has been removed from site.

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PAGE 17 8. Tree Removal and Fauna Protection

Approval is granted for the removal of trees required for the approved subdivision. All other trees are to remain, including all hollow bearing trees as identified within the Flora and Fauna Assessment and Bushfire Hazard Assessment (Eco Logical Australia March 2016 v4).

Trees in the vicinity of subdivision works that are to be kept must be suitably identified and protected during any work to ensure they are not inadvertently damaged during construction works.

Details demonstrating compliance with the Tree Removal and Fauna Protection condition of this consent must be submitted to Council’s Manager – Environment and Health.

9. Imported Waste Derived Fill Material

The only waste derived fill material that may be received at the development site is:

 virgin excavated natural material (within the meaning of the Protection of the Environment Operations Act 1997); or

 any other waste-derived material the subject of a resource recovery exemption under clause 51A of the Protection of the Environment Operations (Waste) Regulation 2005 that is permitted to be used as fill material.

Any waste-derived material the subject of a resource recovery exemption received at the development site must be accompanied by documentation as to the material’s compliance with the exemption conditions and must be provided to the Principal Certifying Authority on request.

10. 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 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.

Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square metres or more of asbestos sheeting) must provide information to the NSW EPA regarding the movement of waste using their WasteLocate online reporting tool www.wastelocate.epa.nsw.gov.au.

11. 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.

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PAGE 18 PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

12. Security Bond Requirements

A security bond may be submitted in lieu of a cash bond. The security bond must:

a) Be in favour of The Hills Shire Council;

b) Be issued by a financial institution or other accredited underwriter approved by, and in a format acceptable to, Council (for example, a bank guarantee or unconditional insurance undertaking);

c) Have no expiry date;

d) Reference the development application, condition and matter to which it relates;

e) Be equal to the amount required to be paid in accordance with the relevant condition;

f) Be itemised, if a single security bond is used for multiple items.

Should Council need to uplift the security bond, notice in writing will be forwarded to the applicant 14 days prior.

13. Sediment and Erosion Control Plan

A sediment and erosion control plan prepared in accordance with Council’s Works Specification Subdivision/ Developments must be submitted. The plan must include:

a) Lot boundaries;

b) Roads;

c) Contours;

d) Existing vegetation;

e) Existing site drainage;

f) Critical natural areas;

g) Location of stockpiles;

h) Erosion control practices;

i) Sediment control practices; and j) A maintenance program.

14. Vegetation Management Plan

A Vegetation Management Plan must be prepared in accordance with Council’s Guidelines for preparing a Vegetation Management Plan (available on Council’s website http://www.thehills.nsw.gov.au). The Plan must be prepared by a suitably qualified bush regenerator or restoration ecologist with a minimum Certificate IV in Conservation Land Management. The Plan must be submitted to Council’s Manager – Environment and Health for approval.

The Vegetation Management Plan must include details relating to:

 The rehabilitation and management of native vegetation within the Community Association Lot.

 Specify acceptable land uses for watch management zone within Lot 1. No motorised recreational vehicles, livestock or horse riding within native vegetation zones is permitted.

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PAGE 19

 Clearly define and map the section of the Community Association Lot that will be accessible to horses, and provide specific measures in relation to the design, construction, operation and ongoing management of the area to ensure that biodiversity within the lot is protected, maintained and enhanced.

 Incorporate, where relevant, the environmental mitigation measures identified within the Flora and Fauna Assessment (Eco Logical Australia March 2016 v4).

 The production of an information fact sheet (maximum 1 page double sided) prepared in accordance with Council’s Guidelines for preparing Information Fact Sheet (available on Council’s website).

 The wording and erection of signage at key locations.

 The location and type of fencing required, including fencing of any portion of the Community Association Lot to be accessible to horses.

15. Section 94A Contribution

Pursuant to section 80A (1) of the Environmental Planning and Assessment Act 1979, and The Hills Section 94A Contributions Plan, a contribution of $3,388.00 shall be paid to Council. This amount is to be adjusted at the time of the actual payment in accordance with the provisions of the Hills Section 94A Contributions Plan.

The contribution is to be paid prior to the issue of the Subdivision Certificate.

You are advised that the maximum percentage of the levy for development under section 94A of the Act having a proposed construction cost is within the range specified in the table below;

Proposed cost of the development Maximum percentage of the levy

Up to $100,000 Nil

$100,001 - $200,000 0.5 %

More than $200,000 1%

16. Tree Removal/ Retention

A Tree Removal/Retention Plan must be submitted to Council’s Manager – Environment and Health for approval prior to works commencing.

The Plan is to detail:

- the trees proposed for retention/ removal

- the type and location of proposed tree protection measures

- the location of all hollow bearing trees that are required to be retained.

- the collection of floristic material prior to clearance of the vegetation in the development area for use in landscaping and rehabilitation works on site. The bush regeneration contractor shall collect all available seed from native species present on site prior to clearing of the site. In the event that insufficient material is collected, the bush regenerator shall order all local provenance plants that are required to be planted as part of the Council approved Vegetation Management Plan and any landscape plan.

Details demonstrating compliance with the Local Provenance Planting Stock condition, including seed collection information and invoices detailing the procurement of local provenance species used in any landscaping/ bush regeneration works shall be submitted to The Hills Shire Council’s Manager – Environment and Health.

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PAGE 20 PRIOR TO WORK COMMENCING ON THE SITE

17. Protection of Existing Trees

The trees that are to be retained are to be protected during all works strictly in accordance with AS4970- 2009 Protection of Trees on Development Sites.

At a minimum a 1.8m high chain-wire fence is to be erected at least three (3) metres from the base of each tree and is to be in place prior to works commencing to restrict the following occurring:

 Stockpiling of materials within the root protection zone,

 Placement of fill within the root protection zone,

 Parking of vehicles within the root protection zone,

 Compaction of soil within the root protection zone.

All areas within the root protection zone are to be mulched with composted leaf mulch to a depth of not less than 100mm.

A sign is to be erected indicating the trees are protected.

The installation of services within the root protection zone is not to be undertaken without prior consent from Council.

18. 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; and

 Damage to tree crown.

19. Tree Protection Signage

Prior to any works commencing on site a Tree Protection Zone sign must be attached to the Tree Protection Fencing stating “Tree Protection Zone No Access” (The lettering size on the sign shall comply with AS1319). Access to this area can only be authorised by the project arborist or site manager.

20. Mulching within Tree Protection Zone

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

21. Trenching within Tree Protection Zone

Any trenching for installation of drainage, sewerage, irrigation or any other services shall not occur within the Tree Protection Zone of trees identified for retention without prior notification to Council (72 hours notice) or under supervision of a project arborist.

If supervision by a project arborist is selected, certification of supervision must be provided to the Certifying Authority within 14 days of completion of trenching works.

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PAGE 21 22. Traffic Control Plan

A Traffic Control Plan is required to be prepared and submitted to Council for approval.

The person preparing the plan must have the relevant accreditation to do so. Where amendments to the plan are required post approval, they must be submitted to Council for further approval prior to being implemented.

A plan that includes full (detour) or partial (temporary traffic signals) width road closure requires separate specific approval from Council. Sufficient time should be allowed for this to occur.

23. Erection of Signage – Supervision of Work

In accordance with Clause 98A(2) of the Environmental Planning and Assessment Regulations 2000, a sign is to be erected in a prominent position displaying the following information:

a) The name, address and telephone number of the Principal Certifying Authority;

b) The name and telephone number (including after hours) of the person responsible for carrying out the works;

c) That unauthorised entry to the work site is prohibited.

This signage must be maintained while the subdivision work is being carried out and must be removed upon completion.

24. Contractors Details

In accordance with Section 109E(3) of the Environmental Planning and Assessment Act 1979, the contractor carrying out the subdivision works must have a current public liability insurance policy with an indemnity limit of not less than $10,000,000.00. The policy must indemnify Council from all claims arising from the execution of the works. A copy of this insurance must be submitted to Council prior to works commencing.

25. Sediment and Erosion Control

The approved sediment and erosion control measures, including a stabilised all weather access point, must be in place prior to works commencing and maintained during construction and until the site is stabilised to ensure their effectiveness. For major works, these measures must be maintained for a minimum period of six months following the completion of all works.

26. Service Authority Consultation – Subdivision Works Before subdivision works commence:

a) Documentary evidence must be submitted confirming that satisfactory arrangements have been made for the relocation, undergrounding and provision of electrical services for the non-residue lots created by the subdivision.

b) Documentary evidence must be submitted confirming that satisfactory arrangements have been made for the provision of water and sewerage facilities.

c) Consultation with the relevant telecommunications provider regarding the installation of telecommunication pits and pipes is required. The design and construction of these works must comply with current NBN standards, where applicable. Development within the area affected by the publically announced rollout maps by NBN must be registered with NBN via their website.

27. Engagement of a Project Arborist

Prior to works commencing, a Project Arborist (minimum AQF Level 5) is to be appointed and the following details provided to The Hills Shire Council’s Manager – Environment &

Health:

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PAGE 22 a) Name:

b) Qualification/s:

c) Telephone number/s:

d) Email:

If the Project Arborist is replaced, Council is to be notified in writing of the reason for the change and the details of the new Project Arborist provided within 7 days.

28. 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. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction (Blue Book) produced by the NSW Department of Housing.

This will include, but not be limited to a stabilised access point and appropriately locating stockpiles of topsoil, sand, aggregate or other material capable of being moved by water being stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

29. Demolition Works and Asbestos Management

The demolition of any structure is to be carried out in accordance with the Work Health and Safety Act 2011. All vehicles transporting demolition materials from the site are to have covered loads and are not to track any soil or waste materials on the road. Should demolition works obstruct or inconvenience pedestrian or vehicular traffic on adjoining public road or reserve, a separate application is to be made to Council to enclose the public place with a hoard or fence. All demolition works involving the removal and disposal of asbestos (of an area more than 10 square metres) must only be undertaken by a licenced asbestos removalist who is licenced to carry out the work. Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square metres or more of asbestos sheeting) must provide information to the NSW EPA regarding the movement of waste using their WasteLocate online reporting tool www.wastelocate.epa.nsw.gov.au.

Asbestos removal must be carried out in accordance with the WorkCover, Environment Protection Authority and Office of Environment and Heritage requirements. Asbestos to be disposed of must only be transported to waste facilities licenced to accept asbestos.

No asbestos products are to be reused on the site.

30. Waste Management Plan Required

Prior to the commencement of works, a Waste Management Plan for the construction and/ or demolition phases of the development must be submitted to and approved by Council. The plan should be prepared in accordance with The Hills Development Control Plan 2012 Appendix A. The plan must comply with the waste minimisation requirements in the relevant Development Control Plan. All requirements of the approved plan must be implemented during the construction and/ or demolition phases of the development. The plan must address the following, but not limited to:

(1) The type and estimated quantity of waste material to be removed from the site;

(2) The location of waste disposal and recycling;

(3) The company name of the skip bin hire company or transport contractor(s); and (4) The proposed reuse or recycling methods for waste remaining onsite.

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PAGE 23 DURING CONSTRUCTION

31. Standard of Works

All work must be carried out in accordance with Council’s Works Specification Subdivisions/ Developments and must include any necessary works required to make the construction effective. All works, including public utility relocation, must incur no cost to Council.

32. Subdivision Earthworks – Lot Topsoil

Where earthworks are not shown on the engineering drawings, the topsoil within lots must not be disturbed. Where earthworks are shown, a 150mm deep layer of topsoil must be provided, suitably compacted and stabilised in accordance with Council’s Works Specification Subdivisions/ Developments.

33. Working Hours

All work must be restricted to between the hours of 7.00am and 5.00pm, Monday to Saturday. No work can occur outside the hours specified above on Sundays or public holidays. The contractor must instruct sub-contractors regarding the hours of work.

34. Asbestos Removal

Asbestos containing material, whether bonded or friable, shall be removed by a licenced asbestos removalist. A signed contract between the removalist and the person having the benefit of the development application is to be provided to the Principle Certifying Authority, identifying the quantity and type of asbestos being removed. Details of the landfill site that may lawfully receive the asbestos is to be included in the contract.

Once the materials have been removed and delivered to the landfill site, receipts verifying the quantity received by the site are to be provided to the Principle Certifying Authority.

Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square metres or more of asbestos sheeting) must provide information to the NSW EPA regarding the movement of waste using their WasteLocate online reporting tool www.wastelocate.epa.nsw.gov.au.

35. 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 or covered.

36. Further Contamination Assessment

A contamination assessment of the soils shall be carried out in areas that were inaccessible at the time of the initial contamination assessment. A copy of the assessment shall be submitted to Council’s Manager – Environment & Health.

37. Contamination

Ground conditions are to be monitored and should evidence such as, but not limited to, imported fill and/ or inappropriate waste disposal indicate the likely presence of contamination on site, works are to cease, Council’s Manager- Environment and Health is to be notified and a site contamination investigation is to be carried out in accordance with State Environmental Planning Policy 55 – Remediation of Land.

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PAGE 24 The report is to be submitted to Council’s Manager – Environment and Health for review prior to works recommencing on site.

38. Aboriginal Archaeological Sites or Relics

If, during activities involving earthworks and soil disturbance, any evidence of an Aboriginal archaeological site or relic is found, all works on the site are to cease and the NSW Office of Environment and Heritage must be notified immediately.

39. National Parks and Wildlife Act 1974

Should any artefacts be uncovered in the course of any works, all works should cease and comply with Part 6 of the National Parks and Wildlife Act 1974, in particular Section 90 regarding permits to destroy.

40. European Sites or Relics

If, during the earthworks, any evidence of a European archaeological site or relic is found, all works on the site are to cease and the NSW Office of Environment and Heritage must be contacted immediately. All relics are to be retained in situ unless otherwise directed by the NSW Office of Environment and Heritage.

PRIOR TO ISSUE OF A SUBDIVISION CERTIFICATE 41. Completion of Subdivision Works

A Subdivision Certificate cannot be issued prior to the completion of all subdivision works covered by this consent.

42. Compliance with NSW Rural Fire Service Requirements

A report/ letter from a qualified bushfire consultant must be submitted confirming that the requirements of the NSW Rural Fire Service have been complied with.

43. Subdivision Certificate Application

When submitted, the Subdivision Certificate application must include:

a) One copy of the final plan.

b) The original administration sheet and Section 88B instrument.

c) All certificates and supplementary information required by this consent.

d) An AutoCAD copy of final plan (GDA 1994 MGA94 Zone56).

44. Works as Executed Plans

Works as executed (WAE) plans prepared by a suitably qualified engineer or registered surveyor must be submitted to Council when the subdivision works are completed. The WAE plans must be prepared in accordance with Council’s Design Guidelines Subdivisions/ Developments.

The plans must be accompanied by pavement density results, pavement certification, concrete core test results, site fill results, structural certification, CCTV recording, signage details and a public asset creation summary, where relevant.

45. Final Plan and 88B Instrument

The final plan and Section 88B Instrument must provide for the following. Council’s standard recitals must be used.

i. Easement – Public Stormwater Drainage

Drainage easements minimum 5m wide and 30m long must be created over all stormwater drainage pipelines and structures which convey public stormwater runoff through proposed Lot 1, in accordance with the requirements of Council. Easement widths must comply with Council’s Design Guidelines Subdivisions/ Developments.

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PAGE 25 ii. Easement – Private Stormwater Drainage

Inter-allotment drainage easements must be created to ensure each and every lot is provided with a legal point of discharge. Easement widths must comply with Council’s Design Guidelines Subdivisions/ Developments.

iii. Restriction – Stormwater Management (Rural)

Lots 2 to 10 must be burdened with a restriction using the “stormwater management (rural)” terms included in the standard recitals.

iv. Restriction/ Positive Covenant – Asset Protection Zone

Lots 2 to 10 must be burdened with a restriction and a positive covenant using the

“bushfire requirements/ asset protection zone” terms included in the standard recitals:

- Lots with a defined asset protection zone require a restriction and a positive covenant that refers to an area defined in the plan.

- Lots required to be managed as an asset protection zone require a positive covenant.

v. Restriction/ Positive Covenant – Vegetation Management Plan

Lot 1 must be burdened with a restriction and a positive covenant using the “vegetation management plan/ restricted development area” terms included in the standard recitals.

46. Validation Report

A validation report shall be submitted to Council’s Manager – Environment and Health and the Certifying Authority (if not Council). The validation report must include the following:

 The degree of contamination originally present;

 The type of remediation that has been completed; and

 A statement which clearly confirms that the land is suitable for the proposed use.

47. Vegetation Management Plan (VMP) Implementation

All performance criteria for the establishment phase of the VMP (5 years) must be complied with prior to the issue of a Subdivision Certificate.

A statement certifying such compliance must be provided by the author of the VMP or an equally qualified and experienced person.

Consideration may be given to early release of a Subdivision Certificate in lieu of this by agreement with Council’s Manager – Subdivision and Development Certification, based on alternative arrangements to secure the completion of works.

Such agreement must comply with s109J(2) of the EP&A Act and will be conditional upon there being no circumstances prohibiting the issuing of a Subdivision Certificate contained within s109J(1) of the EP&A Act at the time of any such agreement.

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PAGE 26 APPENDIX A

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PAGE 27

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PAGE 28 ATTACHMENTS

1. Locality Plan 2. Aerial Photo 3. Zoning Plan

4. Terrestrial Biodiversity Map 5. Proposed Plan of Subdivision

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PAGE 29 ATTACHMENT 1 – LOCALITY PLAN

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PAGE 30 ATTACHMENT 2 – AERIAL PLAN

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PAGE 31 ATTACHMENT 3 – ZONING PLAN

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PAGE 32 ATTACHMENT 4 – TERRESTRIAL BIODIVERSITY MAP (LEP)

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PAGE 33 ATTACHMENT 5 – PROPOSED PLAN OF SUBDIVISION