MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 August 2016

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 August 2016

The is Page 1 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 23 August 2016

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 4

COMMUNITY FORUM 4

ITEM-2 DA 1225/2016/ZD - SUBDIVISION CREATING EIGHT COMMUNITY TITLE RURAL RESIDENTIAL LOTS AND ONE COMMUNITY ASSOCIATION LOT (RURAL CLUSTER) - LOT 11 DP 749608, 46 IDLEWILD ROAD, GLENORIE

7

ITEM-3 VOLUNTARY PLANNING AGREEMENT - 7 MAITLAND PLACE, BAULKHAM HILLS (5/2016/PLP AND FP187)

34

ITEM-4 POST EXHIBITION - LEP 2012 HOUSEKEEPING 3 - TO UPDATE SCHEDULE 5 - ENVIRONMENTAL HERITAGE AND ASSOCIATED MAPS (18/2016/PLP)

35

ITEM-5 POST EXHIBITION - PROPOSED SUBURB RENAMING PART OF KELLYVILLE TO BALMORAL HILLS

6

ITEM-6 PURCHASE OF LAND FOR ROAD WIDENING AT 71- 83 SAMANTHA RILEY DRIVE, KELLYVILLE

36

ITEM-7 LOCAL TRAFFIC COMMITTEE RECOMMENDATIONS - JULY 2016

36

ITEM-8 TENDER T17/1 - CONSTRUCTION OF BRODRICK BOULEVARD BRIDGE OVER STRANGERS CREEK IN KELLYVILLE

38

ITEM-9 MINUTES OF AUDIT COMMITTEE MEETING - 16 AUGUST 2016

36

ITEM-10 FINANCIAL YEAR 2015/16 BUDGET RESULT &

DRAFT STATUTORY FINANCIAL REPORTS

6

ITEM-11 BUDGET REVIEW AS AT 31 JULY 2016 36

ITEM-12 ADOPTION OF DRAFT POLICY FOR THE PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO MAYOR AND COUNCILLORS

36

ITEM-13 LOCAL GOVERNMENT NSW ANNUAL CONFERENCE DELEGATES

38

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 August 2016

The is Page 2 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 23 August 2016

ITEM-14 SIGNING OF DEALINGS AND PLANS BY COUNCIL 37 ITEM-15 PROPOSED ROAD CLOSURE CASTLE PLACE &

CASTLE STREET, CASTLE HILL

39

ITEM-16 PURCHASE OF 4-6 HILLVIEW ROAD, KELLYVILLE FOR PUBLIC RECREATION

37

ITEM-17 PURCHASE OF 12 BALMORAL ROAD, KELLYVILLE FOR PUBLIC RECREATION

37

ITEM-18 PURCHASE OF LOT 129, 3 WHITE GUM PLACE, KELLYVILLE

37

ITEM-19 PROPOSED LEASE OF PART CRESTWOOD RESERVE,

BAULKHAM HILLS FOR OPTUS

TELECOMMUNICATIONS FACILITY

37

ITEM-20 POST EXHIBITION - LOCAL APPROVALS POLICY SKIP BINS, ON-SITE SEWAGE MANAGEMENT, DOMESTIC SOLID FUEL HEATERS AND MOBILE FOOD VANS

38

ITEM-21 PROPOSED TRANSFER OF COUNCIL OWNED SES VEHICLES TO THE NSW SES

40

ITEM-22 APPLICATIONS & DONATIONS UNDER SECTION 356 OF THE LOCAL GOVERNMENT ACT - AUGUST 2016

40

ITEM-23 INFORMATION AND STATUS REPORTS 38

QUESTIONS WITHOUT NOTICE 40

CLOSED COUNCIL 41

ITEM-24 PROPERTY MATTER 42

ITEM-25 POTENTIAL PROPERTY PURCHASE 42

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 August 2016

The is Page 3 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 23 August 2016

411 PRESENT

Clr Dr M R Byrne (Mayor, in the Chair) Clr Y D Keane (Deputy Mayor)

Clr Dr P J Gangemi Clr R K Harty OAM Clr A J Hay OAM Clr A N Haselden Clr R A Preston Clr M G Thomas Clr R M Tracey

412 APOLOGIES Clr Dr J N Lowe

413 TIME OF COMMENCEMENT 7.11pm

414 TIME OF COMPLETION 10.22pm

415 DECLARATIONS OF INTEREST Item 24 Councillor Keane

416 ARRIVALS AND DEPARTURES

8.27pm Councillor Tracey left the meeting and returned at 8.28pm during Item 5.

9.25pm Councillor Thomas left the meeting during Item 22 and returned at 9.27pm during Questions Without Notice

417 DISSENT FROM COUNCIL'S DECISIONS Nil.

418 ADJOURNMENT & RESUMPTION Nil.

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ITEM-1 CONFIRMATION OF MINUTES

A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR PRESTON THAT the Minutes of the Ordinary Meeting of Council held on 9 August 2016 be confirmed.

THE MOTION WAS PUT AND CARRIED.

419 RESOLUTION

The Minutes of the Ordinary Meeting of Council held on 9 August 2016 be confirmed.

APOLOGIES

A MOTION WAS MOVED BY COUNCILLOR HAY OAM AND SECONDED BY COUNCILLOR HASELDEN THAT the apology from Councillor Dr Lowe be accepted and leave of absence granted.

420 RESOLUTION

The apology from Councillor Dr Lowe be accepted and leave of absence granted.

COMMUNITY FORUM 421 HILLS DOG CLUB INC.

Ms Genevieve Young from The Hills Dog Club Inc. noted that 59% of dogs are surrendered because of behavioural issues. The Hills Dog Club volunteers help dog owners to teach their dog basic obedience to become well-mannered members of their community. The club teaches puppies through to grand champions and also runs training courses for instructors. The club aims to educate dog owners about health care and humane training practices and the NSW Legislation regarding responsible pet ownership.

The club provides the only place for community dog activities in the Hills Shire and is also a sporting club affiliated with an Australian National body.

The Hills Dog Club requires grounds large enough to accommodate the 24 classes run every week, including an undercover area, open area, rings, meeting rooms, disabled access and parking and these facilities are already in place at the Showground. The club has put a great deal of effort into the care of the grounds as well as significant monetary investment over 37 years to achieve the amenities for the dog fraternity.

Ms Young advised the club was concerned about losing progress and wanted to enlist Council’s help to secure their future and issued an invitation to visit the club and discuss this further.

The Mayor thanked the Hills Dog Club and all communities groups that use the Showground and noted these groups cater for different interests among the community and all are important. The Mayor confirmed Council would work with community groups and other stakeholders and every group would be looked after.

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 23 August 2016

The is Page 5 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 23 August 2016

422 WAVES POOL GYM EQUIPMENT

Ms Denise Hofman of Baulkham Hills advised she was representing a large group of seniors who train at Waves at Roxborough Park Road, Baulkham Hills. This seniors program has continued to grow and on some days up to 60 seniors attend the gym at Waves to exercise. There are many health benefits to seniors from regular exercise and socialising. Ms Hofman advised there was some uncertainty about whether Council or the Lessee, Belgravia, was responsible for updating the gym equipment. The gym equipment was installed in the 1980’s and a lot of it was now broken, unusable or posed a safety risk.

Ms Hofman said a letter was forwarded to Council in December 2015 signed by all the seniors and to date they have not received a response. The seniors group met with Belgravia a few months ago and were promised the equipment would be renewed. A meeting was also held with the General Manager on 25 May 2016 and again they were assured that broken equipment would be removed and an engineer would attend the pool to discuss requirements in the gym. That meeting has not occurred.

The Acting General Manager, Mr Michael Edgar, confirmed Waves was a Council facility leased to Belgravia and he was aware of the meeting in May. Mr Edgar confirmed the upgrade would cost about $300,000 and this may require Council going to tender. Mr Edgar assured these concerns were being taken seriously and will be reported back to Council in due course.

The Mayor requested an update be provided as soon as possible. Mr Edgar advised he would bring the matter to the next Councillor briefing session.

423 DA 59/2017/HA – ST. MADELEINE’S CATHOLIC CHURCH, 20-28 ANNANGROVE ROAD, KENTHURST

Ms Angela Paki spoke to Council on behalf of the Parents Action Group against a DA for the building of a cemetery within the school grounds of St Madeleines Catholic Primary School and Marion College. The Parish Council have only notified the parents of the school in the last week.

Ms Paki noted the application appeared to be prepared in isolation and did not show the impact on the students, teachers and school community. Their concerns relate primarily to the safety and welfare of the students, including the traffic, school buses, unauthorised car spaces and removal of the second access driveway. Ms Paki believed any proposal for expansion should include adequate and safe parking for 1,800 students, teachers and visitors who attend this campus on a daily basis as well as members of the church attending mass.

Ms Paki noted the geotech report raised many environmental issues that will be encountered if the cemetery was to go ahead. Strong evidence suggests that a large percentage of Kenthurst is sandstone rock based and heavy machinery would be required to dig the graves and many gum trees would need to be removed. There are already two (2) cemeteries located within 10kms and this application provides too many safety risks to the children and local residents.

Group Manager – Environment & Planning, Mr Cameron McKenzie advised the development application was lodged in mid-July and Council staff have sought clarification and additional information from the Applicant and are waiting on a response.

Approximately 130 submissions have been received and accordingly a Conciliation

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Conference will be arranged. All issues raised will be considered by staff and residents will have an opportunity to forward their submission to the Applicant for a response at the Conference, which may occur in the second week of October.

Ms Elizabeth Green, a long term resident of Kenthurst, also raised concerns about the traffic conditions, funeral processions, trucks required for rock removal, installation of headstones, extra visitors and the lack of car parking that would occur in respect of this development application. Ms Green also noted the fact that there would only be one entry/exit point to the property in the case of an emergency.

Ms Green enquired about the noise levels that would be suffered by neighbours whilst 3,000 cemetery plots were dug into rock. There appears to be a lack of consideration to the community, with many residents unable to live near a cemetery for cultural reasons and this is causing stress and anxiety.

ITEM-10 FINANCIAL YEAR 2015/16 BUDGET RESULT &

DRAFT STATUTORY FINANCIAL REPORTS Proceedings in Brief

Mr Dennis Banicevic, Auditor PriceWaterhouseCoopers addressed Council regarding this matter.

A MOTION WAS MOVED BY COUNCILLOR THOMAS AND SECONDED BY COUNCILLOR HAY OAM THAT the Recommendation contained in the report be adopted.

424 RESOLUTION

1. The presentation from Auditor Dennis Banicevic be received.

2. The attached Statutory Financial Statements as required by Section 413 of the Local Government Act, 1993 and the Local Government Code of Accounting Practice be adopted and signed by the Mayor, Deputy Mayor, General Manager and the Responsible Accounting Officer.

3. Upon Council receiving the Auditor’s subsequent written Report:-

(a) the Financial Statements be advertised and forwarded to the NSW Office of Local Government;

(b) following advertising, be presented to the next available Meeting of Council.

4. The Recurrent and Capital Carryover Funds and Proposed Transfers to Reserves as detailed in Attachment 1 Pages 2 – 5 be adopted.

5. Capital Improvement Budget Variations as detailed in Attachment 1 Pages 6 to 14 be adopted.

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8.27pm Councillor Tracey left the meeting and returned at 8.28pm during Item 5.

ITEM-5 POST EXHIBITION - PROPOSED SUBURB RENAMING PART OF KELLYVILLE TO BALMORAL HILLS

Proceedings in Brief

Martin Van Eyk of Kellyville (in favour) addressed Council regarding this matter.

Greg Elhen of Kellyville (objector) addressed Council regarding this matter.

A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR PRESTON THAT the Recommendation contained in the report be adopted.

425 RESOLUTION

Council not proceed with the proposed renaming of part of the suburb of Kellyville to

‘Balmoral Hills’.

ITEM-2 DA 1225/2016/ZD - SUBDIVISION CREATING EIGHT COMMUNITY TITLE RURAL RESIDENTIAL LOTS AND ONE COMMUNITY ASSOCIATION LOT (RURAL CLUSTER) - LOT 11 DP 749608, 46 IDLEWILD ROAD, GLENORIE

A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR PRESTON THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.

426 RESOLUTION

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

GENERAL MATTERS 1. Approved Plan

The subdivision must be carried out in accordance with the approved plan of subdivision prepared by GDS Drawing 101 Revision H dated 14/06/2016 and other supporting documentation except where amended by other conditions of consent. With respect to this approved plan:

 The note “including part lot” under the area of lot 9 needs to be removed. The part lot in question/ opposite forms part of the community association lot (1).

 The fire trail location, extent and width must comply with the conditions relating to the subdivision works included in this consent.

 The extent of crown road/ Idlewild Road being dedicated is that section east of the rear boundary of lot 9 extending all the way to Old Northern Road.

2. 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.

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3. Compliance with NSW Department of Primary Industries – Water/ NSW Office of Environment and Heritage/ NSW Rural Fire Service/ NSW Roads and Maritime Services Requirements

Compliance with the requirements of the NSW Rural Fire Service throughout all stages of the subdivision as outlined in their letter dated 17/06/2016 Ref D16/0674 attached to this consent as Appendix A.

Compliance with the requirements of the NSW Office of Environment and Heritage throughout all stages of the subdivision as outlined in their letter dated 20/04/2016 Ref SF16/16744 attached to this consent as Appendix B.

Compliance with the requirements of the NSW Department of Primary Industries – Water throughout all stages of the subdivision as outlined in their letter dated 05/04/2016 Ref 10 ERM2016/0096 attached to this consent as Appendix C.

Compliance with the requirements of the NSW Roads and Maritime Services throughout all stages of the subdivision as outlined in their letter dated 24/03/2016 Ref SYD16/00345/01 attached to this consent as Appendix D.

4. 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.

5. Proposed Street Naming

A written application for street naming must be submitted to Council for approval, along with the applicable fee as per Council’s Schedule of Fees and Charges. The street names proposed must comply with requirements of the NSW Geographical Names Board and Council.

The application must nominate three suggested names per street, in order of preference, and the source of the names proposed.

6. Community Association Lot

All lots or dwellings within the community scheme must be entitled to utilise the community lot and share in the costs associated with its upkeep.

7. 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.

8. Australia Post Mailbox Requirements

Australia Post has specific requirements for mail deliveries on private roads. Separate approval from Australia Post is required before installing individual mailboxes for this development.

9. Transfer/ Dedication of Crown Road

The transfer of Idlewild Road (between the rear/ western boundary of lot 9 to the intersection with Old Northern Road) from crown road to public road is required before any works are carried out on the road. Transfer proceedings can be initiated by Council upon written request by the applicant.

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Should the transfer proceed and this development subsequently lapse or not proceed, the road will be transferred back to crown ownership in accordance with the relevant provisions of the Interpretations Act 1987.

The applicant/ developer will be responsible for all costs associated with this process, which must occur at no cost to Council.

10. Demolition Notification

Both Council and any adjoining properties must be notified in writing five days before demolition works commence.

11. Demolition Inspections

Before demolition works commence, a pre-demolition inspection must be arranged with Council’s Development Certification team. All conditions required to be addressed before works commence must be satisfied. Once demolition works are complete, a post demolition inspection must be arranged with Council’s Development Certification team.

12. Management of Construction and/ or Demolition Waste

Any waste generated as a result of construction and/ or demolition for the development is to be reused and recycled where possible, and any residual waste is to be disposed of at a licenced waste facility. 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. 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. 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. Surplus Excavated Material

The disposal of surplus excavated material, other than to a licenced waste facility, is not permitted without the previous written approval of Council prior to works commencing on the site. 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.

14. Protection of Existing Trees and Native Vegetation

No additional native vegetation (trees and understorey) is to be removed for the creation of an Asset Protection Zone or otherwise without prior consent of Council.

15. 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.

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PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 16. Security Bond Requirements

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

 Be in favour of The Hills Shire Council;

 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);

 Have no expiry date;

 Reference the development application, condition and matter to which it relates;

 Be equal to the amount required to be paid in accordance with the relevant condition;

 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.

17. Controlled Activity Authority – NSW Department of Primary Industries - Water

A copy of the Controlled Activity Authority must be submitted before a Construction Certificate is issued.

18. 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:

 Lot boundaries;

 Roads;

 Contours;

 Existing vegetation;

 Existing site drainage;

 Critical natural areas;

 Location of stockpiles;

 Erosion control practices;

 Sediment control practices; and

 A maintenance program.

19. Engineering Works and Design

The design and construction of the engineering works listed below must be provided for in accordance with Council’s Design Guidelines Subdivisions/ Developments and Works Specifications Subdivisions/ Developments.

Engineering works can be classified as either “subdivision works” or “building works” as categorised below:

1. Works within an existing or proposed public road, or works within an existing or proposed public reserve. These works can only be approved, inspected and certified by Council in accordance with the Roads Act 1993 and the Local Government Act 1993 respectively.

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2. Works within the development site, or an adjoining private property, that relates to existing or proposed Council infrastructure assets, such as the laying of a stormwater pipeline or the formation of an overland flow path within a public drainage easement.

These works can only be approved, inspected and certified by Council because Council will have an ongoing risk exposure and management/ maintenance liability with respect to these assets once completed. A “compliance certificate” as per Section 109(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 can be issued certifying that the detailed design for these works complies with the requirements listed and the above documents. This “compliance certificate” can be issued by Council’s Manager – Subdivision and Development Certification and not a private certifier, as discussed. Once approved, the works must be carried out under the supervision of Council’s Construction Engineer in accordance with the terms attached to the issued “compliance certificate”. Post construction, a further

“compliance certificate” as per Section 109(1)(a)(i) of the Environmental Planning and Assessment Act 1979 can be issued certifying that the as-built infrastructure and associated works have been carried out to the satisfaction of Council’s Construction Engineer. Alternatively, these works can be incorporated into any construction approval granted under category (1) above.

3. Works within the development site, or adjoining private properties, that do not relate to existing or proposed Council infrastructure assets, such as water sensitive urban design elements or inter-allotment drainage pipelines. Such works can be approved, inspected and certified by either Council or a private certifier, so long as the private certifier is accredited to do so. This certification must be included with the documentation approved as part of any Construction Certificate. The designer of the engineering works must be qualified, experienced and have speciality knowledge in the relevant field of work.

The following engineering works are required:

a) Full Width Road Construction

The full width construction of the roads listed below is required, including footpath paving and other ancillary work to make this construction effective:

Road Name: Formation:

(Footpath/ Carriageway/ Footpath) (m) Idlewild Road Standard Drawing 42

5m/ 1.75m/ 6.5m/ 1.75m/ 5m (20m) Pavement Design:

Rural (Standard Drawing 42)

The design must incorporate a standard 4m splay corner unless otherwise directed by Council.

All roads are to have a two-way cross fall with a crown in the middle of the carriageway.

The extent of reconstruction of Idlewild Road relates to the section being dedicated to the public by this consent, along with a suitable transition to the existing roadway as it extends further west beyond the site.

The design of Idlewild Road needs to address the following, with respect to the three sag/ trapped low points identified on the concept plan prepared by GDS (Revision G):

 At the trapped low points at chainages 45 and 122 table drains and the associated concentration of stormwater runoff to a point must be avoided, so that there are no

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nuisance stormwater or flooding impacts on the adjoining properties on either side of the road here.

 At the trapped low point at chainage 456 fronting lot 9 the same requirement applies, but to avoid the same impacts on that lot. Where this is not possible however, noting the increased catchment here, a piped connection must be provided through lot 9 extending all the way to the mapped natural watercourse within the community association lot west of lot 9.

b) Full Width Road Construction (Rural Cluster)

The full width construction of the roads listed below is required including all other ancillary work to make this construction effective:

(Footpath/ Carriageway/ Footpath) (m) Private Road 1 Road Type:

Standard Drawing 42 3m/ 8m/ 3m (14m) Pavement Design:

Rural (Standard Drawing 42) Private Road 2 Road Type:

Standard Drawing 42

2m/ 0.75m/ 6.5m/ 0.75m/ 2m (12m) Pavement Design:

Rural (Standard Drawing 42)

Private Road 1 and 2 are delineated from one another on the approved subdivision plan.

This is one road, with two different formations at different locations either side of the bend fronting lot 5. The concept plan prepared by GDS (Revision G) notes it as a single road numbered one consistent with this intent.

At trapped low points, for blind (dead end) roads or where a table drain is required in line with the notes included with Standard Drawing 42 a tail-out drain/s to dissipate runoff from the private road/ table drain must be provided clear of building platforms and sensitive areas. Where a piped outlet/ headwall is proposed the piped outlet must be extended into the affected lot/s to a point beyond the building platform to protect this future dwelling/s from flooding impacts associated with this road runoff.

The design of this private road needs to address the following, with respect to the two such outlets identified on the concept plan prepared by GDS (Revision G):

 At the trapped low point at chainage 165 fronting lot 7, the pipe must be extended beyond the headwall location currently shown within this lot to the fire trail. It must then run south along the fire trail through lots 6 and 7 to the mapped natural watercourse within the community association lot at the rear boundary of lots 5 and 6.

 At the trapped low point at the end of the road/ cul-de-sac, the pipe must be extended beyond the headwall location currently shown within lot 4 to the back of the fire trail within lot 5 adjacent. It must then run north along the fire trail through lot 5 to the same mapped natural watercourse within the community association lot at the rear boundary of lots 5 and 6 referred to above.

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Where the private road intersects with a public road the crossing needs to delineate the public road from the private road through the inclusion of a gutter crossing rather than a kerb return, pavement threshold treatment or similar. All private roads must include a second sign underneath which reads “private road”.

c) Fire Trails

Fire trails must be provided generally in accordance with the concept plan prepared by GDS (Revision G) and the general terms of approval from the RFS. The concept plan prepared by GDS (Revision G) must be amended as follows:

 The existing track constructed along the eastern site boundary between Idlewild Road and the private road within the small, triangular part of the community association lot must be removed and the area restored in accordance with the Vegetation Management Plan.

 Gates are to be provided across the three entrances; Old Northern Road (lot 1), Idlewild Road (lot 9) and the private road (lot 1 fronting lot 2).

 Gates or grids are required where the fire trail crosses the boundaries between lots 5 through 9.

 The interface/ boundary between lots 2 and 3 and the fire trail along the western and southern boundaries of these lots must be fenced.

 This fencing is in addition to any and all fencing required by the VMP. This fencing (and gates) must comply with the same requirements of the VMP also.

 Fire trails must be constructed in a way that limits the impact as much as possible.

Under no circumstances are the works within the community association lot to extend beyond the area of affect identified on the concept plan. No trees are to be removed for these fire trails unless approved, in writing, by Council. The location/ alignment of the fire trail within lots 5 to 9 must be design with this in mind.

 A passing bay is required next to the existing dam within the community association lot behind lots 2 and 3 as per the RFS conditions.

 A turning head is required behind lot 3 at the end of the fire trail as per the RFS conditions.

 The required formation is as follows, as per Secton 4.1.3(3) from Planning for Bushfire Protection 2006:

(Footpath/ Carriageway/ Footpath) (m)

Fire Trail Road Type:

Fire Trail

1m/ 4m/ 1m/ (6m)

d) Turning Heads

A cul-de-sac turning head must be provided at the end of all blind/ dead-end roads. The cul-de-sac must have a diameter of 24m measured from the edge of bitumen.

A turning head is required at the western end of the private road fronting lots 3, 4 and 5.

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e) Street Names Signs

Street name signs and posts are required in accordance with the above documents and Council’s Standard Drawing 37. Details for all signage and line-marking must be submitted to Council for checking prior to works commencing.

All private roads must include a second sign underneath which reads “private road”.

f) Disused Layback/ Driveway Removal

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

g) Driveway Construction – Rural

A 3m wide (minimum) formed all weather driveway built to Council’s rural standard must be provided between the proposed private road and the existing dwelling house on lot 3 in accordance with the above documents and Council’s driveway specifications.

h) 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.

i) 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.

j) Stormwater Drainage – Creek Outlets

Piped stormwater outlets/ connections to a natural watercourse must comply with the requirements of Council and the Department of Primary Industries – Water (even where the receiving waterbody is not a natural watercourse).

k) Stormwater Drainage – Rural

Stormwater runoff from the existing dwelling on lot 3 is to be dispersed over the rear of the lot via a level spreader/ absorption trench or similar, in lieu of a formal legal point of stormwater discharge via a piped connection/ outlet to a natural watercourse.

20. Internal Pavement Structural Design Certification

Prior to a Construction Certificate being issued, a Certified Practicing Engineer (CPEng) must submit a letter to Council confirming the structural adequacy of the internal pavement design. The pavement design must be adequate to withstand the loads imposed by a loaded heavy rigid waste collection vehicle (28 tonne gross vehicle mass) from the boundary to the waste collection point including any manoeuvring areas.

21. 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 $10,110.00 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 Construction 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:

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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%

PRIOR TO WORK COMMENCING ON THE SITE 22. 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.

23. Discontinuation of Domestic Waste Services

Council provides a domestic waste service to the property subject to this Development Application. This service must be cancelled prior to demolition of the existing dwelling or where the site ceases to be occupied during works, whichever comes first. You will continue to be charged where this is not done. No bins provided as part of the domestic waste service are to remain on site for use by construction workers, unless previous written approval is obtained from Council. To satisfy this condition, the Principal Certifying Authority must contact Council on (02) 9843 0310 at the required time mentioned above to arrange for the service to be discontinued and for any bins to be removed from the property by Council.

24. Demolition Waste Management Plan Required

A Waste Management Plan (WMP) for demolition has not been approved as part of this consent. Prior to the commencement of works, a WMP for the demolition phase 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.

25. Bushland Protection Fencing

Prior to any works commencing on site temporary Bushland Protection Fencing must be in place at the following locations:

 At the boundary of Lot 1 and Private Road 1.

 At the boundary of Lot 1 and Idlewild Road where road construction or upgrade is proposed.

 Within one metre of the outer edge of the fire trail construction footprint within Lot 1.

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The temporary fence is to be a minimum parrawebbing or similar and be suitable to restricted unauthorised entry.

The temporary fence is to stop the following occurring:

 Stockpiling of materials within significant bushland.

 Placement of fill within significant bushland.

 Parking of vehicles within significant bushland.

 Compaction of soil within significant bushland.

 Cement washout and other chemical or fuel contaminants within significant bushland.

 Damage to threatened plants and their habitat.

26. 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.

27. NSW Roads and Maritime Services Design Approval

The design and construction of the relevant works associated with the upgrade of the intersection at Idlewild Road/ Old Northern Road must be approved by the NSW Roads and Maritime Services (RMS) before any works commence on that road.

A copy of the RMS stamped approved construction plans must be submitted to Council before any Construction Certificate can be issued.

28. 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:

 The name, address and telephone number of the Principal Certifying Authority;

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

 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.

29. 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.

30. 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.

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

 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.

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

 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.

DURING CONSTRUCTION

32. Protection of Existing Vegetation

Vegetation not authorised for removal by this consent shall be protected during construction to ensure that natural vegetation and topography on the subject site is not unnecessarily disturbed.

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

33. Tree Removal and Fauna Protection

Trees with hollows 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.

Any injured fauna is to be placed into the hands of a wildlife carer (please note only appropriately vaccinated personnel are to handle bats).

34. Dam Decommissioning – Fauna Requirements

The decommissioning of the dam is to be undertaken in accordance with the Dam Dewatering Procedure (DLA Environmental Services 23/05/2016) and the following requirements:

 A fine mesh is to be placed around intake pumps used to drain the dam water to prevent the uptake and spread of carp eggs, juvenile pest species or eggs into the catchment.

 Water is to be pumped from the dam and irrigated onto adjacent grassed areas to minimise the risk of invasive and exotic pest species from entering natural waterways.

 The intake pipe for the irrigation is to be monitored to prevent injury to aquatic fauna.

 The dewatered dam must be inspected for fauna which may be buried in the sediments on the bottom of the dam.

 Following dewatering, fauna is to be provided with an opportunity to relocate prior to reshaping. A minimum of 72 hours is to be provided.

 Any rescued fauna is to be released at a suitable nearby location or if injured, placed into the care of a wildlife carer.

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35. 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.

36. Critical Stage Inspections – Subdivision Works

The subdivision works must be inspected by Council in accordance with the schedule included in Council’s Works Specification Subdivisions/ Developments. A minimum of 24 hour’s notice is required for inspections. No works are to commence until the first inspection has been carried out.

37. 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.

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.

41. 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.

42. Breaching and Filling of Dam Dam Dewatering

 Water is to be pumped from the dam and irrigated onto the site so as to minimise the risk of invasive and exotic pest species from entering natural waterway.

 The water is to be pumped at a rate suitable for the soil to be adequately absorbed by the soil. No water from the dam is to be discharged into the local waterway, any adjoining properties, or any other option without the prior approval of Council’s Manager – Environment and Health.

 72 hours prior to dewatering the dam, Council’s Manager – Environment and Health is to be notified.

Fauna Monitoring

 An appropriately qualified aquatic ecologist is to oversee the decommissioning of the dam.

 The de-watering dam process is to cease immediately and an appropriately qualified aquatic ecologist is to be made available at the subject site should evidence of aquatic or terrestrial fauna be present. The aquatic ecologist is to ensure that any

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native species (such as eels and eastern snake-necked turtles) are captured and relocated to a suitable waterway and pest species (such as carp) are humanely removed and euthanased in a manner consistent with the Prevention of Cruelty to Animals Act, 1979.

 If the aquatic ecologist is required to relocate any terrestrial or aquatic fauna, then a licence under the Fisheries Management Act, 1994 or the National Parks and Wildlife Act, 1974 must be obtained.

 The intake pipe for the irrigation is to be protected and monitored to prevent injury to aquatic fauna.

 The dewatered dam must be inspected for fauna which may be buried in the sediments on the bottom of the dam by the aquatic ecologist.

 Following dewatering, fauna is to be provided with an opportunity to relocate prior to reshaping. A minimum of 72 hours is to be provided.

 If large numbers of predatory fish (e.g. Long-finned Eels) are recovered, additional release points must be considered so that the increased risk of predation on exiting fauna at release sites is reduced.

 Any rescued fauna is to be released at a suitable nearby location or if injured placed into the care of a wildlife carer.

 The fauna ecologist is to submit a report to The Hills Shire Council’s Manager - Environment and Health following their site inspection and any subsequent action taken relating to the development. The report is to include tallies of fauna removed from the dam with details of their relocation destination (or destruction).

Filling of the dam

 All fill is to be placed according to geotechnical advice and compacted in layers to achieve a standard suitable for residential development.

 Any fill brought onto the site must be Excavated Natural Material (ENM), must not be saline affected or contain contaminants such as demolition material or organic wastes. The source of the ENM material and relevant certificates are to be obtained and provided to Council.

43. Construction Noise

The emission of noise from the construction of the development shall comply with the Interim Construction Noise Guideline published by the Department of Environment and Climate Change (July 2009).

44. 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.

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

45. Stockpiles

Stockpiles of topsoil, sand, aggregate or other material capable of being moved by water shall be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

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46. 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.

47. 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 and Health.

PRIOR TO ISSUE OF A SUBDIVISION CERTIFICATE 48. Internal Pavement Construction

Prior to Subdivision Certificate being issued, a Certified Practicing Engineer (CPEng) must submit a letter to Council confirming that the internal pavement has been constructed in accordance to the approved plans, and is suitable for use by a loaded heavy rigid waste collection vehicle.

49. 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.

 Maintenance of the proposed Fire Trail.

 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.

50. 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.

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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.

51. Completion of Subdivision Works

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

52. 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.

53. Compliance with NSW Roads and Maritime Services Requirements

A letter from the NSW Roads and Maritime Services must be submitted confirming that all relevant works have been completed in accordance with their requirements.

54. Compliance with NSW Department of Primary Industries – Water Requirements

A letter from the NSW Department of Primary Industries – Water must be submitted confirming that all works associated with the Controlled Activity Authority have been completed to their satisfaction.

55. Compliance with NSW Office of Environment and Heritage Requirements A letter from the NSW Office of Environment and Heritage must be submitted confirming that the works have been completed to their satisfaction.

56. 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.

57. Performance/ Maintenance Security Bond

A performance/ maintenance bond of 5% of the total cost of the subdivision works is required to be submitted to Council. The bond will be held for a minimum defect liability period of six months from the certified date of completion of the subdivision works. The minimum bond amount is $5,000.00. The bond is refundable upon written application to Council and is subject to a final inspection.

58. Confirmation of Pipe Locations

A letter from a registered surveyor must be provided with the WAE plans certifying that all pipes and drainage structures are located within the proposed drainage easements.

59. Section 73 Compliance Certificate

A Section 73 Compliance Certificate issued under the Sydney Water Act 1994 must be obtained from Sydney Water confirming satisfactory arrangements have been made for the provision of water and sewer services. Application must be made through an authorised Water Servicing Coordinator. The certificate must refer to this development consent and all of the lots created.

Sydney Water’s guidelines provide for assumed concurrence for the strata subdivision of a development approved by an earlier consent covered by a compliance certificate.

60. Provision of Electrical Services

Submission of a notification of arrangement certificate confirming satisfactory arrangements have been made for the provision of electrical services. This must include the under-grounding of the existing electrical services fronting the site and removal of all

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redundant poles and cables, unless otherwise approved by Council in writing. The certificate must refer to this development consent and all of the lots created.

61. Provision of Telecommunication Services

Submission of a telecommunications infrastructure provisioning confirmation certificate issued by the relevant telecommunications provider authorised under the Telecommunications Act, or a design compliance certificate and an as-built compliance certificate from the company engaged to design and construct the pit and pipe infrastructure, confirming satisfactory arrangements have been made for the provision, or relocation, of telecommunication services including telecommunications cables and associated infrastructure. This must include the under-grounding of the existing telecommunication services fronting the site and removal of all redundant poles and cables, unless otherwise approved by Council in writing. The certificate must refer to this development consent and all of the lots created.

62. Subdivision Certificate Application

When submitted, the Subdivision Certificate application must include:

 One copy of the final plan.

 The original administration sheet and Section 88B instrument.

 All certificates and supplementary information required by this consent.

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

63. Stormwater CCTV Recording

All piped stormwater drainage systems and ancillary structures which will become public assets must be inspected by CCTV. A copy of the actual recording must be submitted electronically for checking.

64. Public Asset Creation Summary

A public asset creation summary must be submitted with the WAE plans. A template is available on Council’s website.

65. Building Adjacent to Proposed Boundary

Where any part of an existing/ partially constructed building is located within 2m of a proposed boundary the location of such must be determined by a registered surveyor and shown on the final plan.

66. Building Services

A letter from a registered surveyor must be submitted certifying that all facilities servicing the existing/ partially constructed buildings are located wholly within their respective lot or are otherwise contained within a suitable easement.

67. Final Plan and Section 88B Instrument

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

a) Easement – Public Stormwater Drainage

Drainage easements must be created over all stormwater drainage pipelines and structures which convey public stormwater runoff, in accordance with the requirements of Council. Easement widths must comply with Council’s Design Guidelines Subdivisions/

Developments.

b) 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.

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c) Easement – Right of Access

A right of access must be created over the fire trail within lots 5 to 9 in favour of lot 1.

d) Restriction – Restricted Access

Lot 9 must be burdened with a restriction precluding access to Idlewild Road using the

“restricted access” terms included in the standard recitals.

e) Restriction – Stormwater Management (Rural)

Lots 2 to 9 must be burdened with a restriction using the “stormwater management (rural)” terms included in the standard recitals.

f) Covenant – Onsite Waste Collection

Lot 1 must be burdened with a positive covenant relating to onsite waste collection using the “onsite waste collection” terms included in the standard recitals.

g) Restriction/ Covenant – Asset Protection Zone

Lots 2 to 9 must be burdened with a restriction and a positive covenant using the

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

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

 Lot 3 needs to be listed separately from the others/ managed as an IPA rather than an OPA as per the RFS conditions.

h) Restriction/ 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.

68. Vegetation Protection – Community Association Lot

To protect against the clearing of vegetation within the community association lot identified for retention and protection by this consent, the community management statement must include an additional by-law using the “vegetation protection” terms included in Council’s standard recitals.

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APPENDIX A

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APPENDIX B

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APPENDIX C

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