PAGE 1 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 9 FEBRUARY 2016
PRESENT
Cameron McKenzie Group Manager – Environment & Planning (Chair) Paul Osborne Manager – Development Assessment
Andrew Brooks Manager – Subdivision & Development Certification Angelo Berios Acting Manager – Health & Environment
Craig Woods Manager – Regulatory Services Bronwyn Smith Principal Forward Planner Kristine McKenzie Principal Executive Planner APOLOGIES
Mark Colburt Manager – Health & Environment Stewart Seale Manager – Forward Planning TIME OF COMMENCEMENT
8:30am
TIME OF COMPLETION 9:00am
ITEM-1 CONFIRMATION OF MINUTES
RESOLUTION
The Minutes of the Development Assessment Unit Meeting of Council held on 2 February 2016 be confirmed.
ITEM-2 DA 250/2016/ZD – SUBDIVISION CREATING 30 COMMUNITY TITLE RURAL RESIDENTIAL LOTS AND ONE COMMUNITY ASSOCIATION LOT (RURAL CLUSTER) – LOTS 101 & 102 DP 802862 AND LOT 7 DP 63853, 579-593 HALCROWS ROAD, CATTAI RESOLUTION
The Development Application be refused for the following reasons:
1. The application does not sufficiently investigate and clarify the site’s suitability for the proposed residential use as required by Clause 7 of the State Environmental Planning Policy No. 55 – Remediation of Land. Pursuant to Clause 1(a)(i) of Section 79C of the Environmental Planning and Assessment Act, 1979.
2. The development is inconsistent with the key strategies relating to environmentally sensitive lands and flora and fauna communities in the Sydney Regional Environmental Plan No. 20 – Hawkesbury Nepean River (No. 2).
Pursuant to Clause 1(a)(i) of Section 79C of the Environmental Planning and Assessment Act, 1979.
3. The development is not consistent with the objectives of the RU2 Rural Landscape zone in that it necessitates vegetation removal and earthworks which will significantly impact upon the landscape character of the land. Pursuant to Clause 1(a)(i) of Section 79C of the Environmental Planning and Assessment Act, 1979.
PAGE 2 4. The application has not sufficiently demonstrated compliance with Clause 4.1AA(3b)(a) of The Hills Local Environmental Plan 2012 in that no vegetation management and/or protection measures for terrestrial biodiversity have been provided. Pursuant to Clause 1(a)(i) of Section 79C of the Environmental Planning and Assessment Act, 1979.
5. The development is not consistent with the rural cluster subdivision objectives listed under Clause 4.1AA of The Hills Local Environmental Plan 2012 in that it will significantly impact upon biodiversity, threatened species and their habitats.
Pursuant to Clause 1(a)(i) of Section 79C of the Environmental Planning and Assessment Act, 1979.
6. The development is inconsistent with the objectives and provisions relating to tree protection and retention of significant biodiversity under Clause 5.9 of The Hills Local Environmental Plan 2012. Pursuant to Clause 1(a)(i) of Section 79C of the Environmental Planning and Assessment Act, 1979.
7. The application has not suitably investigated the potentially adverse impacts to Aboriginal heritage in accordance with the requirements under Clause 5.10 of The Hills Local Environmental Plan 2012. Pursuant to Clause 1(a)(i) of Section 79C of the Environmental Planning and Assessment Act, 1979.
8. The application has not been supported by a detailed engineering design which reflects the extent of earthworks likely required to provide for suitable building platforms, private roads and infrastructure and hence has not suitably addressed the requirements of Clause 7.2 of The Hills Local Environmental Plan 2012.
Pursuant to Clause 1(a)(i) of Section 79C of the Environmental Planning and Assessment Act, 1979.
9. The development is inconsistent with the provisions of Clause 7.4 of The Hills Local Environmental Plan 2012 in that it will significantly impact upon biodiversity, threatened species and their habitat. Pursuant to Clause 1(a)(i) of Section 79C of the Environmental Planning and Assessment Act, 1979.
10. The development does not comply with provision 3.4(b) of Part B Section 1 of The Hills Development Control Plan 2012 in that nominated building envelopes are situated over natural gradients which exceed 20%. Pursuant to Clause 1(a)(iii) of Section 79C of the Environmental Planning and Assessment Act, 1979.
11. The development does not comply with provision 3.32.2(c) of Part B Section 1 of The Hills Development Control Plan 2012 in that the subdivision will not result in a better biodiversity outcome and will impact upon threatened species and their habitats. Pursuant to Clause 1(a)(iii) of Section 79C of the Environmental Planning and Assessment Act, 1979.
12. The application has not clearly demonstrated compliance with provision 3.32.5(d) of Part B Section 1 of The Hills Development Control Plan 2012 in regards to the provision of safe and compliant driveway access from the private roads to the nominated building platforms. Pursuant to Clause 1(a)(iii) of Section 79C of the Environmental Planning and Assessment Act, 1979.
13. The application has not clearly demonstrated compliance with provision 3.32.5€
of Part B Section 1 of The Hills Development Control Plan 2012 regarding onsite sewer management systems. Pursuant to Clause 1(a)(iii) of Section 79C of the Environmental Planning and Assessment Act, 1979.
14. The proposal will result in unacceptable impacts on the rural landscape and amenity of the locality. Pursuant to Clause 1(b) of Section 79C of the Environmental Planning and Assessment Act, 1979.
PAGE 3 15. The proposal will result in detrimental and significant environmental impacts to biodiversity, threatened species and their habitats. Pursuant to Clause 1(b) of Section 79C of the Environmental Planning and Assessment Act, 1979.
16. The development as proposed is not suitable for the subject site. Pursuant to Clause 1(c) of Section 79C of the Environmental Planning and Assessment Act, 1979.
17. The application has not suitably addressed the concerns raised across a number of submissions opposing the proposal. Pursuant to Clause 1(d) of Section 79C of the Environmental Planning and Assessment Act, 1979.
18. The development as proposed is not in the interests of the general public.
Pursuant to Clause 1(e) of Section 79C of the Environmental Planning and Assessment Act, 1979.
19. The application does not provide sufficient information and detail required for the consent authority to carry out a full and proper assessment of the application.
20. The NSW Rural Fire Service have not issued a Bush Fire Safety Authority for the proposed development pursuant to Section 100B of the Rural Fires Act, 1997.
ITEM-3 DA 798/2016/HA – A CARPARKING SPACE WITHIN A VILLA DEVELOPMENT AND PARTITION WITHIN A GARAGE – LOT 17 SP 32412, NO. 17/7 CHAPEL LANE, BAULKHAM HILLS
RESOLUTION
The Development Application be refused for the following reasons:
1. The proposed permanent alterative car parking space is located on Common Property and the applicant does not have written consent from the Owners Corporation to lodge the Development Application.
(Section 79C (a)(i) of the Environmental Planning and Assessment Act, 1979 and Section 49(1)(b) Environmental Planning and Assessment Regulations, 2000).
2. The proposal is contrary to Aim 1.2(2)(a) of the Local Environmental Plan 2012 as the proposal does not provide for orderly development and will result in an undesirable precedent.
(Section 79C (a)(i) of the Environmental Planning and Assessment Act, 1979).
3. The development is unsatisfactory with regard to car parking provisions in DCP Part B Section 4 – Multi Dwelling Housing and DCP Part C Section 1 – Parking.
The unauthorised internal partition wall will result in the loss of the required private car parking provision for the subject unit. The provision of a private parking space on Common Property will result in an undesirable precedent.
(Section 79C (a)(iii) Environmental Planning and Assessment Act, 1979).
4. The proposal is likely to result in an unreasonable impact on the built environment of the immediate locale given the provision of an external parking space.
(Section 79C (a)(b) of the Environmental Planning and Assessment Act, 1979).
