This is page 2 of the minutes of the ordinary meeting of Hills Shire Council held on 26 July 2016. This is page 5 of the minutes of the ordinary meeting of Hills Shire Council held on 26 July 2016.
ITEM-2 NOTICE OF MOTION - POLYSTYRENE WASTE
DWELLING WITH BASEMENT GARAGE AND LOFT, POOL AND SPA, LIGHTED TENNIS COURT, HORSE STABLE, FRONT FENCE, RETAINING WALLS AND ASSOCIATED LANDSCAPING - LOT 4 DP CLARKE WAY, KENTHURST. The development application is for a three-storey dwelling with basement garage, detached outbuilding, in-ground swimming pool and spa, floodlit tennis court, horse stables, front fencing, retaining walls and associated landscaping on vacant land.
The proposal has been designed to ensure that impacts to adjoining properties are
The home's lower floor level consists of a basement garage with two storage rooms and a pool pump equipment room. The first floor level of the home consists of the main bedroom, ensuite and walk in robe, upper lounge and storage area.
ISSUES FOR CONSIDERATION
Compliance with Local Environmental Plan 2012 Clause 4.3(1) of the LEP states the following objectives
The proposed departure to the building height development standard will not cause
Compliance with DCP Part B Section 1 - Rural
DEVELOPMENT
STATEMENT OF OUTCOMES (new development)
The tennis court is proposed to have a side setback of 1.6 metres from the community
The proposed retaining walls are set back 1 metre from the common allotment
Cut and fill
Issues Raised in Submissions
The issues raised are summarised below
The objector's property is situated high and contains a 3 meter high rock stone retaining wall along the common boundary with the subject property. The retaining wall heights are detailed on the plans and correspond to those listed on the objector's property.
The entertainment
The Hills Future Community Strategic Plan
- Development in Accordance with Submitted Plans (as amended)
- Building Work to be in Accordance with BCA
- Adherence to Waste Management Plan
- Management of Construction Waste
All building work must be carried out in accordance with the provisions of the Building Code of Australia. All requirements of the waste management plan submitted to and approved by the Council must be implemented during the construction and/or demolition phase of the development, as well as during the ongoing management phase.
Commencement of Domestic Waste Service
Restriction on Building Use
External Finishes
Light Restriction – Tennis Court
Private Use of Tennis Court
Chainwire Fencing
Absorption Trench
Tree Removal
13. Planting Requirements
Builder and PCA Details Required
Management of Building Sites – Builder’s Details
Consultation with Service Authorities
Approved Temporary Closet
Erosion and Sedimentation Controls
Stabilised Access Point
Sydney Water Building Plan Approval
Protection of Existing Trees
A sign is to be erected indicating the trees are protected
Dust Control
Survey Report
Compliance with BASIX Certificate
Compliance with Critical Stage Inspections and Other Inspections Nominated by the Principal Certifying Authority
NOTE: You are advised that inspections may only be carried out by the PCA
Roof Water Drainage
Filtration Motor Noise
Pool Discharge Water
Pool not to be Filled Until Occupation
Temporary Fencing of Pools
Swimming Pool Safety Fencing
Resuscitation Warning Notice
Bushfire Construction Requirements Asset Protection Zones
6. New construction on the Out Building and Horse Stable shall comply with section 9
9. New construction on the northern, eastern and western elevations as well as the
Approval to Install an On-site Sewage Management System
Safety Glazing for Pool Fencing
Installation/Amendment of System of Sewage Management
41. Absorption Trench
ATTACHMENT 1 – LOCALITY PLAN
ATTACHMENT 2 – AERIAL PHOTOGRAPH (NEARMAP)
ATTACHMENT 3 – SITE PLAN
ATTACHMENT 4 – DWELLING ELEVATIONS
ATTACHMENT 4 – DWELLING ELEVATIONS
ATTACHMENT 5 – DWELLING SECTION
ATTACHMENT 6 – ENTERTAINMENT OUTBUILDING ELEVATIONS
ATTACHMENT 7 – HORSE STABLE ELEVATIONS
ATTACHMENT 7 – HORSE STABLE ELEVATIONS
ATTACHMENT 8 – TENNIS COURT ELEVATIONS
ATTACHMENT 9 – FRONT/SIDE FENCE ELEVATIONS
ATTACHMENT 10 – TENNIS COURT LIGHT SPILL DIAGRAM
ATTACHMENT 11 – PHOTO MONTAGE
ATTACHMENT 12 – SITE PHOTOGRAPHS
ATTACHMENT 12 – SITE PHOTOGRAPHS
ATTACHMENT 12 – SITE PHOTOGRAPHS
ATTACHMENT 12 – SITE PHOTOGRAPHS
ATTACHMENT 12 – SITE PHOTOGRAPHS
The proposed works include ten additional undercover parking spaces within the front setback with new access ramp to Highs Road, a further 12 parking spaces throughout the site, tree removal, a new footpath, four new lifts, an elevated walkway, seven new lounges. areas, extension of the community center building, four balcony extensions, new stone entrance walls with signage along the existing driveway to replace existing and a new stone entrance wall with signage along the new driveway. A 1.24 meter (13.7%) variation to the 9 meter LEP building height control is proposed and is accompanied by a Clause 4.6 objection. The proposed variation is considered satisfactory as it is for a lift to serve the existing building and the lift will be below the ridge height of that building.
The lift is to improve access for residents and is in line with the height of the existing building. The proposal was notified to neighboring property owners and two submissions were received, one from a village resident and one from a resident along Highs Road. The issues raised in the submissions relate to the removal of trees and landscaped area as a result of the new front car parking area, solar access, safety and pedestrian and vehicular traffic.
19/04/2016 Email received from the applicant asking if consent could be
Compliance with State Environmental Planning Policy (Housing for Seniors or People with a Disability (SEPP)
Although it is noted that the proposed lifts are all 8 meters high, they are stand-alone structures attached to the existing buildings via walkways.
Compliance with Local Environment Plan 2012 (LEP)
Figure 1 – Location of proposed Lift 1 within the site
In relation to objective (a) of clause 4.3 of the LEP, the proposed new lift shafts are located within the existing residential village for the elderly, towards the eastern part of the site away from the site frontage with Highs Road. Neighboring buildings are mostly two-story, but some are three-story to overcome the slope of the site. Therefore, in our view, the proposal is compatible with existing neighboring development and will not change the existing character of the streetscape and therefore meets objective (a).
The changes will improve the condition of existing housing for older people, which contributes to supporting older people's housing needs and services within the local community, within a high quality landscaped environment. Additionally, changes and additions will improve the overall appearance of the site for the benefit of the wider community. Therefore, the proposed development is in keeping with the bulk, scale, streetscape and existing character of the locality.
Environmental Effects. In our opinion, the proposal satisfies the relevant zoning
Issues Raised in Submissions
The proposed works have been reviewed by the Council's Chief Roads and Transport Coordinator who has no objection to the proposal. The proposed ramp to Highs Road is located close to an existing pedestrian shelter. Two of the new plots will have a shared driveway to Highs Road which is close to the new driveway for the parking area.
As detailed above, the proposed access to Highs Road is located in close proximity to the existing pedestrian refuge. The proposal was reviewed by a Council engineer who raised no objection to the proposed works subject to conditions. Eighteen trees are proposed to be removed to make way for a car park and new driveway to Highs Road.
CONCLUSION
External Finishes
External finishes and colors must be in accordance with the details submitted with the development application and approved with this permission.
Tree Removal
Replacement Planting Requirements
Angophora costata Smooth barked Apple
Vehicular Access and Parking
7. Minor Engineering Works
Construction Certificate
Building Work to be in Accordance with BCA
Retention of Trees
Adherence to Waste Management Plan
12. Management of Construction and/ or Demolition Waste
Clause 94 Considerations
Separate application for other signs
Onsite Stormwater Detention – Upper Parramatta River Catchment Area Onsite Stormwater Detention (OSD) is required in accordance with Council’s adopted
Drainage calculations and details, including those for all weirs, overland flow paths
Security Bond – Road Pavement and Public Asset Protection
Security Bond Requirements
Section 94A Contribution
PRIOR TO WORK COMMENCING ON THE SITE
Protection of Existing Trees
Sydney Water Building Plan Approval
Trenching within Tree Protection Zone
Separate OSD Detailed Design Approval
Public Infrastructure Inventory Report
Management of Building Sites – Builder’s Details
Consultation with Service Authorities
Principal Certifying Authority
Structural Certificate/Existing Building
Erosion and Sedimentation Controls
Stabilised Access Point
Builder and PCA Details Required
Engagement of a Project Arborist
DURING CONSTRUCTION
Hours of Work
Roof Water Drainage
Compliance with Critical Stage Inspections and Other Inspections Nominated by the Principal Certifying Authority
Project Arborist
37. Public Infrastructure Inventory Report - Post Construction
OSD System Certification
Creation of Restrictions / Positive Covenants
ATTACHMENT 1 – LOCALITY PLAN
ATTACHMENT 2 – AERIAL PHOTOGRAPH
ATTACHMENT 3 – SITE PLAN
ATTACHMENT 4 – CAR PARK AND DRIVEWAY PLAN
ATTACHMENT 5 – LIFT ELEVATIONS
ATTACHMENT 6 – SIGNAGE DETAIL
New Signage and Entry Wall for Proposed New Driveway and Car Park
ITEM-5 PLANNING PROPOSAL REPORT 1-13 BARRAWARN
THE HILLS LOCAL ENVIRONMENTAL PLAN 2012
THE SITE
Figure 2
Figure 4
2. The proposal is inconsistent with The Hills Corridor Strategy and Castle Hill North
Recommended Amendments to The Hills Local Environmental Plan
Height of Buildings Map
Floor Space Ratio
Streetscape
In order to facilitate the development scheme of the planning proposal, these submissions recommend that the following changes be made to the Hills Local Environmental Plan. The top floor is cut further from the front and side boundaries and will be constructed of lightweight material which further reduces the mass and scale presented to Barrawarn Place.
Consistency with The Hills Corridor Strategy
Proximity to the Railway Station
Solar Access
Landscape Area and Communal Open Space
Barrawarn Place to the north of the subject site and will provide additional recreational space for future residents. To increase the level of privacy for the adjacent public school, there are no shared open spaces on the roof.
Traffic Impacts
Conclusion
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. The proposal is not supported on the basis that it is contrary to the Council's strategic planning objectives for the future development of Castle Hill North Precinct. The Council has decided to support the Castle Hill North Precinct Plan and the planning proposal to amend the Council's LEP to reflect the outcome of the Corridor Strategy.
24/11/2015 Adoption of the Hills Corridor Strategy and Council's recommendation to forward the Castle Hill North Precinct Plan to determine the gateway. 29/01/2016 The Castle Hill North planning proposal has been forwarded to the Department of Planning and Environment for a gateway designation. The site is located in the eastern part of the northern precinct of Castle Hill and is approximately 500 meters from Castle Towers Shopping Center and the future train station.
STRATEGIC CONTEXT
In 2013, the State Government approved The North West Rail Link Corridor Strategy, which identifies the site as suitable for short term 'Medium Density Apartment Living' redevelopment (Figure 6). The strategy identifies the site as suitable for terraced houses/terraces with a housing density of 39 dwellings per still well above the built form and density envisaged and considered appropriate for the site.
The Council undertook detailed planning of the Castle Hill North Precinct to identify suitable residential development that supports the role and function of Castle Hill Town Center and takes advantage of its proximity to the future railway station. As the plot does not offer any consolidation possibilities and is affected by the above plot restrictions, it is identified with a medium density (terrace/terrace) of 39 dwellings per square meter. hectares, as seen in Figure 8. The proposed changes under the Castle Hill North Planning Proposal will result in an appropriate yield of 27 townhouses or terraces on the site.
MATTERS FOR CONSIDERATION
- Streetscape
- Consistency with the Hills Corridor Strategy
- Photomontages
- Conclusion
Garthowen Crescent has an eight (8) meter carriageway and parking is currently only permitted on one (1) side of the street. The planning proposal scheme has been changed by reducing the height and scale of the proposal. While the back of the building has a 10 storey presentation to the properties north of the site.
No other shadows cast on the heritage item for the rest of the day. The reduction in the height of the building has significantly reduced the amount of shade on the rear properties in Winchcombe Place. 19/4/2016 Approval received from Planning and Environment Department to proceed with public exhibition of the planning proposal.
SUMMARY OF PROPOSAL
28/07/2015 Additional permitted use of 'residential housing' notified prior to proposal at applicant's request. 11/19/2015 Circa Seniors Housing Gateway decision issued containing floodplain conditions to be addressed prior to exhibit. 21/12/2015 Letter sent to Ministry of Planning and Environment seeking consent for Circa Seniors Housing Exhibition.
15/02/2016 Request for further information received from the Department of Planning and Environment regarding land at risk of flooding. The purpose of this report is to consider submissions to the public exhibition to allow. PAGE 143 permitted on the land, the applicant has requested to include the additional permitted use for the subject land to provide certainty with the development of the area.
PUBLIC AUTHORITY SUBMISSIONS
PAGE 144 Roads and Maritime Services and Transport for New South Wales both advised that the planning proposal should be supported by a traffic/transport study which addresses the proposal's compliance with section 117 Guideline 3.4 – Integration of land use and transport and car parking and infrastructure. The requirement to overlap the traffic/transport assessment with the planning proposal is therefore unnecessary and will not provide any improved social benefit. The parking requirements for the development should be more in line with the requirements of the State Environmental Planning Policy - Housing for Seniors and People with Disabilities 2004, rather than The Hills DCP 2012.
PAGE 145 The Transport and Parking Assessment prepared for the Development Application (992/2016/JP) provides details of the proposed car parking charges for the development. Appropriate car parking provision will be determined in the assessment of the Development Application. The Transport and Parking Assessment prepared for the Development Application (992/2016/JP) provides an assessment of existing traffic conditions and the anticipated traffic generated by the development.
PUBLIC SUBMISSIONS
The urban planning proposal only allows 'senior homes' on the site, not all housing. The planning proposal states that the development will allow for 120 jobs, but at the conciliation conference, the developer stated that only 35 jobs would be created. Since the Council has no delegation to make the plan, it is recommended that the planning proposal be forwarded to the Department of Planning and Environment to resolve the outstanding concerns of the government and finalize the planning proposal.
As detailed in the report, the issues raised in the submissions do not warrant any changes to the planning proposal. It is recommended that the regulation proposal be forwarded to the Department for Spatial Planning and Environment for resolution of open objections of the public authority and finalization. That the planning proposal to include senior housing as an additional permitted use at 26-30 Norbrik Drive, Bella Vista be forwarded to the Department of Planning and Environment for finalisation.