MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 14 JANUARY 2020 PRESENT

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PAGE 1 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 14 JANUARY 2020

PRESENT

Cameron McKenzie Group Manager – Development & Compliance (Chair) Robert Buckham Acting Manager - Development Assessment

Benjamin Hawkins Manager - Subdivision & Development Certification Angelo Berios Manager – Environment & Health

Craig Woods Manager – Regulatory Services Nicholas Carlton Manager - Forward Planning Kristine McKenzie Principal Executive Planner

APOLOGIES

Paul Osborne Manager – Development Assessment

TIME OF COMMENCEMENT

8:30am

TIME OF COMPLETION

8.42am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 17 December 2019 be confirmed.

ITEM-2 DA 349/2016/ZD/A – A SECTION 4.55(1A) MODIFICATION TO A SUBDIVISION CREATING TEN COMMUNITY TITLE RURAL RESIDENTIAL LOTS AND ONE ASSOCIATION LOT TO AMEND LOT BOUNDARIES FACING MITCHELLS ROAD - 72 MITCHELLS ROAD SACKVILLE NORTH

PUBLIC NOTIFICATION OF THE DETERMINATION PURSUANT TO ITEM 20(2)(c) AND (d) OF SCHEDULE 1 OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979

DECISION:

It is recommended that the modification application be approved subject to the following conditions of consent:

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PAGE 2 GENERAL MATTERS

CONDITION 1 IS AMENDED TO:

1. Approved Plan

The subdivision must be carried out in accordance with the approved plan of subdivision prepared by Group Development Services dated 10/12/2019 Revision B Reference P003443 except where amended by other conditions of consent.

CONDITION 7 IS AMENDED TO:

7. Closure of Crown Road

The closure and acquisition of the two parts of unformed crown road shown on the approved plan of subdivision as Lot 1 DP 1252095 is required before any works are carried out.

PRIOR TO ISSUE OF A SUBDIVISION CERTIFICATE

54. 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) Dedication – Road Widening

The dedication of the proposed road widening must be included on the final plan in accordance with the undertaking submitted relating to dedication.

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.

c) Restriction – Stormwater Management (Rural)

Lots 2 to 11 must be burdened with a restriction using the “stormwater management (rural)”

terms included in the standard recitals.

d) Restriction/ Positive Covenant – Asset Protection Zone

Lots 2 to 11 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.

e) 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.

f) Positive Covenant – Onsite Waste Collection

The subject site/ lot one must be burdened with a restriction and positive covenant relating to onsite waste collection using the “onsite waste collection” terms included in the standards recitals.

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PAGE 3 REASONS FOR THE DECISION:

 Section 4.15 (EP&A Act) – Satisfactory

 The Hills LEP 2019 – Satisfactory

 SEPP 55 – Remediation of Land – Satisfactory

 SREP 20 – Hawkesbury-Nepean River – Satisfactory

 The Hills DCP 2012 – Part B Section 1 – Rural – Satisfactory

 Section 7.12 Contribution: $4,394.50 (no change)

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION:

The development application was notified and four (4) submissions were received. The issues raised were considered in the report.

ITEM-3 DA 1092/2017/ZA/B – A SECTION 4.55(1A) MODIFICATION TO A SUBDIVISION CREATING 27 RESIDENTIAL LOTS TO AMEND LOT BOUNDARIES, ZERO LOT LINE EASEMENTS AND LOT GRADING/

WALLS - LOT 1 DP 1230888 AND LOT 510 DP 1230840, 197 TERRY ROAD AND GEORGE STREET, BOX HILL

PUBLIC NOTIFICATION OF THE DETERMINATION PURSUANT TO ITEM 20(2)(c) AND (d) OF SCHEDULE 1 OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979

DECISION:

It is recommended that the modification 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 North Western Surveys Revision 00 dated 24/06/2019 Reference 15505/203 except where amended by other conditions of consent.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

13. 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”.

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PAGE 4 Works within an existing or proposed public road, or works within an existing or proposed public reserve can only be approved, inspected and certified by Council in accordance with the Roads Act 1993 and the Local Government Act 1993 respectively.

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)

Equinox Drive Road Type:

DCP Local Street 3.5m/ 11m/ 3.5m (18m) Pavement Design:

Access/ Local (Design Guidelines Section 3.12) Canopus Parkway Road Type:

Access/ Local (Design Guidelines Section 3.12) Celestial Street Road Type:

Access/ Local (Design Guidelines Section 3.12)

The following additional/ specific requirements apply:

The detailed design for these roads must tie-in with the approved subdivision to the east covered by Development Consent 181/2016/ZA (under construction).

The design must incorporate a standard kerb return radius of 7.5m based on a 4m splay corner unless otherwise directed by Council.

Roll kerb is to be used for all roads other than sub-arterial roads or roads fronting a park or creek corridor.

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

All civil infrastructures (roads, stormwater drainage and the like) should be built for saline soils.

b) Partial Width Road Construction

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

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PAGE 5

Ceres Way Road Type:

Access/ Local (Design Guidelines Section 3.12)

The detailed design for these roads must tie-in with the approved subdivision to the east covered by Development Consent 181/2016/ZA (under construction).

As partial width construction exists opposite the completed road must comply with the overall requirements outlined in the table above.

Roll kerb is to be used for all roads other than sub-arterial roads or roads fronting a park or creek corridor.

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

All civil infrastructures (roads, stormwater drainage and the like) should be built for saline soils.

c) Partial Width Road Reconstruction

The partial width reconstruction of the existing roads listed below is required, including any necessary service adjustments and ancillary work required to make the construction effective:

Terry Road Road Type:

DCP Collector Road

4.5m/ 11.6m/ 3.5m (19.6m) Pavement Design:

Collector (Design Guidelines Section 3.12) George Street Road Type:

DCP Collector Road

4.5m/ 11.6m/ 3.5m (19.6m) Pavement Design:

Collector (Design Guidelines Section 3.12)

The design for Terry Road must match Council’s 80% detailed concept design for Terry Road.

The design must incorporate a standard kerb return radius of 7.5m based on a 4m splay corner unless otherwise directed by Council.

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PAGE 6 Where partial width reconstruction exists opposite, the completed road must comply with the overall requirements outlined in the table above. Where partial width reconstruction does not exist opposite, you will be responsible for the formation of the footpath verge, kerb and gutter and the reconstruction of 6m of road pavement. This new road pavement must transition into the existing road pavement opposite to provide for a total minimum carriageway width of 10m (which may require additional pavement reconstruction if there is a level difference at the interface between the new work and the existing road pavement).

Any requirements relating to partial width road reconstruction from the relevant section of Council’s DCP must also be complied with. All works must be carried out in accordance with a traffic safety statement required to accompany the detailed design.

Where the existing road reserve width exceeds that required to be provided, the additional width is to be evenly distributed on either side of the road carriageway to provide for a wider footpath verge.

The wider 4.5m verge must be located on the western side of Terry Road correlating with the cycleway required at this location.

The wider 4.5m verge must be located on the southern side of George Street correlating with the cycleway required at this location.

d) 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.

e) Footpath Verge Formation

The grading, trimming, topsoiling and turfing of the Terry Road and George Street 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.

f) Concrete Footpath

A 1.2m wide concrete footpath, including access ramps at all intersections, must be provided on one side of Equinox Drive (western side), Canopus Parkway (northern side), Celestial Street (eastern side) and Ceres Way (southern side) in accordance with the DCP and the above documents.

A 1.5m wide concrete footpath, including access ramps at all intersections, must be provided on the eastern side of Terry Road fronting the site in accordance with the DCP and the above documents.

g) Concrete Cycleway

A 2.5m wide concrete cycleway, including access ramps at all intersections, must be provided on the southern side of George Street in accordance with the DCP and the above documents.

h) Gutter Crossings

Gutter crossings to each of the proposed new lots are required.

i) Disused Layback/ Driveway Removal

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

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PAGE 7 j) 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.

k) Earthworks/ Site Regrading

Earthworks are limited to that shown on the subdivision works concept plan by NWS Revision DD dated 09/10/2019 subject to the additional requirements listed below.

Retaining walls are limited to those locations and heights shown on the subdivision works concept plan by NWS Revision DD dated 09/10/2019 subject to the additional requirements listed below.

Retaining walls between lots must be located on the high side lot that is being retained, save the need for easements for support on the low side lot adjacent.

The following additional requirements apply:

 The temporary batter proposed between lots is to be no steeper than 1(V):2(H) and must be stabilised incorporating whatever stabilisation methods are recommended by a geotechnical engineer in consultation with Council’s Construction Engineer.

 The maximum height of this batter/ the level difference in the finished surface level between adjacent lots is 1m (without exception).

 Where the side of a lot faces a boundary road (secondary frontage) and a batter is proposed along this edge, the maximum height of this batter/ the level difference between the verge level and the finished surface level of the lot is 0.5m (without exception).

 The existing retaining wall along the southern boundary across the back of lots 710 to 727 is to remain as is (excepting the sections required to be removed to make way for Celestial Street and Equinox Drive). The secondary wall inside the lots required to accommodate the approved lot grading must be no higher than 0.5m. This secondary wall must be setback at least 0.5m into the lot away from the boundary and further still (either 1m or 1.5m) where there is an inter-allotment stormwater drainage easement/ pipe as below. Alternatively the wall is to be removed and the rear of the lot graded to match the existing levels along the rear boundary at the top of the existing retaining wall.

 The detailed design must include a plan showing the final/ eventual lot grading of lot 727 temporarily burdened by the detention basin conditioned below. This is a final lot and so the works required to remove this basin later are included as part of this consent.

l) Inter-allotment Stormwater Drainage

Piped inter-allotment stormwater drainage catering for the entire area of each lot must be provided. Each lot must be uniformly graded to its lowest point where a grated surface inlet pit must be provided. All collected stormwater is to be piped to an approved constructed public drainage system.

m) Stormwater Drainage – Temporary Management (Box Hill)

Temporary stormwater management in the form of a detention basin and bio-retention system is to be provided with the development.

This subdivision relies on the temporary basin approved over lot 615 in Development Consent 181/2016/ZA and a second temporary basin over proposed lot 727 in this plan, generally in accordance with the subdivision works concept plan by NWS Revision DD dated 09/10/2019.

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PAGE 8 Design and construction details of the temporary basin must be generally in accordance with the approved concept drawings.

The detailed design must include:

 All of the street drainage system is to be designed to Council’s minor and major design criteria, which requires the pipe network for up to 10 year (20 year for sag) storm event and the flow above up to the design storm managed by overland flow along the street.

 The drainage system is to be designed to convey the flow at ultimate and at interim conditions.

 The ultimate conditions include:

 Site fully developed.

 Site temporary OSD basin decommissioned.

 Upstream catchments fully developed.

 Upstream catchment temporary OSD basin decommissioned.

 The interim conditions include:

 Site fully developed and temporary OSD basin is active.

 This OSD basin is designed to attenuate the post-development flows to pre-existing peak flows at the discharge point.

 The OSD must be designed to manage the internal and external catchment that currently flowing through the subject land.

 If upstream catchment is considered to be fully developed, then it could be assumed that a temporary OSD basin provided in the upstream is active and attenuating the post-development flows to pre-existing peak flows.

 OSD basin shall be designed to have discharge control pit/s with an orifice and weir/s on the pit to release controlled runoff during minor storm events (5 to 20 year storm events) whilst weir/s on OSD basin bund walls controlling the flows at major storm events (20 to 100 year storm events).

 OSD bund walls fronting to public footpath verge must be designed to incorporate rip- rap measures to protect damages on public infrastructure.

 Overland flow behaviour (vxd product) on any street and particularly at the sag point (at all storm events) must be maintained less than 0.4 as per the above documents.

Electronic copy of the revised hydrology and hydraulic models and stormwater management report must be accompanied with the construction certificate documentation.

The purpose of the required temporary stormwater management measures is to ensure there is no impact downstream between the pre-development and post development conditions, both with respect to the volume and quality of runoff, for a range of storm events.

The cost of removing these temporary stormwater management measures and all associated re-work to pits and pipes must be determined at the detailed design stage, with a bond for 150% of the cost of these works submitted to ensure this occurs when the permanent basin/ rain garden planned further south (KC01 and KC02 in the Box Hill Contribution Plan) is constructed and runoff from the subject site is/ can be connected to the same via the development of the intermediary properties downstream. The bond amount must be confirmed with Council prior to payment.

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PAGE 9 Where the design of any temporary stormwater management measure relies on steep batters; the design must incorporate whatever stabilisation methods are recommended by a geotechnical engineer in consultation with Council’s Construction Engineer.

n) Stormwater Drainage – Pipe Extension

New kerb inlet pits and must be provided in George Street and Terry Street and street drainage must be extended from the existing pit downstream. The pipe extension must be located under the existing kerb requiring the removal and reconstruction of the kerb and gutter and road shoulder.

o) Stormwater Drainage – Temporary Works

A separate street drainage system must be provided in George Street to redirect Equinox Drive to the temporary detention basin proposed within lot 615 from Development Consent 181/2016/ZA.

Tail out drains over adjoining properties are required to be provided, where necessary, of sufficient length and width to dissipate stormwater flows to an acceptable level from the end of all stormwater outlets.

Grassed swale drains or temporary piped drainage must be installed to intercept, control and redirect surface stormwater runoff from upstream undeveloped properties

CONDITION 14 IS AMENDED TO:

14. Erosion and Sediment Control/ Soil and Water Management Plan

The detailed design must be accompanied by an Erosion and Sediment Control Plan (ESCP) or a Soil and Water Management Plan (SWMP) prepared in accordance with the Blue Book and Council’s Works Specification Subdivision/ Developments.

A SWMP is required where the overall extent of disturbed area is greater than 2,500 square metres, otherwise an ESCP is required.

An ESCP must include the following standard measures along with notes relating to stabilisation and maintenance:

 Sediment fencing.

 Barrier fencing and no-go zones.

 Stabilised access.

 Waste receptacles.

 Stockpile site/s.

A SWMP requires both drawings and accompanying commentary (including calculations) addressing erosion controls, sediment controls, maintenance notes, stabilisation requirements and standard drawings from the Blue Book.

A SWMP is required for this development.

The stockpile shown on the subdivision works concept plan by NWS Revision DD dated 09/10/2019 must be relocated away from the existing lots/ dwellings to the south on the SWMP submitted with the detailed design. Stockpile locations must consider the impacts of noise, dust and construction activity on adjoining residents.

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PAGE 10 REASONS FOR THE DECISION:

 Section 4.15 (EP&A Act) – Satisfactory

 SEPP (Sydney Region Growth Centres) 2006 – Appendix 11 The Hills Growth Centre Precincts Plan – Satisfactory

 SEPP 55 – Remediation of Land – Satisfactory

 SREP 20 – Hawkesbury-Nepean River – Satisfactory

 Draft SEPP (Sydney Region Growth Centres) 2006 – North West Priority Growth Area Land Use and Infrastructure Implementation Plan – Satisfactory

 Box Hill Growth Centre Precincts Development Control Plan – Complies

 Section 7.11 Contribution – $750,000.00 (no change)

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION:

The development application was notified and two (2) submissions were received. The issues raised were considered in the report.

END MINUTES