Ordinary Meeting of Council

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Ordinary Meeting of Council

Tuesday, 23 June 2015

THE HI LL S SH IRE C O UN CI L

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ORDINARY MEETING OF COUNCIL 23 JUNE, 2015

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES

THE FOLLOWING ITEMS 2 AND 3 ARE DEFINED AS PLANNING MATTERS PURSUANT TO THE LOCAL GOVERNMENT & PLANNING LEGISLATION AMENDMENT (POLITICAL DONATIONS) ACT 2008

ITEM-2 REVIEW OF DEVELOPMENT CONTROL PLAN 2012 - INTRODUCTION AND RURAL SECTIONS (FP179)

27

ITEM-3 REVIEW OF DELEGATIONS 86

ITEM-4 PROPERTY DEALINGS RELATING TO

DEVELOPMENT MATTERS

97

ITEM-5 FIT FOR THE FUTURE SUBMISSION 102

ITEM-6 BUDGET REVIEW AS AT 31 MAY 2015 168

ITEM-7 DRAFT HILLS SHIRE PLAN 2015/16 - 2018/19 199

ITEM-8 TELECOMMUNICATIONS LEASE - LOT 60

MEMORIAL AVENUE, KELLYVILLE

448

ITEM-9 COUNTRY WOMEN'S ASSOCIATION - 2A ANGUS ROAD, KENTHURST

451

ITEM-10 COUNCILLOR ATTENDANCE AT CONFERENCES 454 ITEM-11 APPLICATIONS FOR DONATIONS UNDER SECTION

356 OF THE LOCAL GOVERNMENT ACT - JUNE 2015

457

ITEM-12 APPOINTMENTS AND RESIGNATIONS FROM

VOLUNTEER COMMITTEES 461

ITEM-13 TENDER REPORT T15-27 - PROVISION OF CLEANING SERVICES TO VARIOUS COUNCIL PROPERTIES

463

ITEM-14 PROPOSED DRAINAGE EASEMENT WITHIN

KELLYVILLE NETBALL COMPLEX RESERVE, WELLGATE AVENUE & WITHERS ROAD, KELLYVILLE

465

ITEM-15 INFORMATION AND STATUS REPORTS 469

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CONFIDENTIAL MATTERS 501

ITEM-16 PURCHASE OF PART 34 HEZLETT ROAD,

KELLYVILLE FOR PUBLIC RECREATION

1

ITEM-17 PURCHASE OF LAND FOR ROAD WIDENING AT 57-

69 SAMANTHA RILEY DRIVE, KELLYVILLE 4

………..

ACTING GENERAL MANAGER

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 June 2015

The is Page 1 of the Minutes of the Ordinary Meeting of The Hills Shire Council held

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

PETITION 3

COMMUNITY FORUM 3

ITEM-2 NOTICE OF RESCISSION - POST EXHIBITION REPORT - PLANNING PROPOSAL SPURWAY DRIVE, BAULKHAM HILLS (10/2013/PLP)

5

ITEM-3 POST EXHIBITION - RECLASSIFICATION OF 5 JACKSON PLACE, KELLYVILLE TO OPERATIONAL LAND (9/2015/PLP)

21

ITEM-4 DA 340/2015/ZD - SUBDIVISION CREATING FOUR COMMUNITY TITLE RURAL RESIDENTIAL LOTS AND ONE COMMUNITY ASSOCIATION LOT - LOT 1 DP 774629, 118 CATTAI RIDGE ROAD, GLENORIE

5

ITEM-5 DEED OF CONSENT - LEASE OF GROUND FLOOR, BUILDING C, 3 COLUMBIA COURT, BAULKHAM HILLS

22

ITEM-6 HILLS DISTRICT BASKETBALL ASSOCIATION INC - PROPOSED CONTRACT AND LEASE

22

QUESTIONS WITHOUT NOTICE 23

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 9 June 2015

269 PRESENT

Clr A C Jefferies (Mayor, in the Chair)

Clr Dr M R Byrne Adjunct Professor (Deputy Mayor) Clr P J Gangemi

Clr R K Harty OAM Clr A J Hay OAM Clr A N Haselden Clr Y D Keane Clr Dr J N Lowe Clr R A Preston Clr M O Taylor Clr M G Thomas Clr R M Tracey

7.12pm Councillor Hay OAM arrived at the meeting during theprayer.

270 APOLOGIES Nil.

271 TIME OF COMMENCEMENT 7.08pm

272 TIME OF COMPLETION 8.57pm

273 DECLARATIONS OF INTEREST Nil.

274 ARRIVALS AND DEPARTURES

7.12pm Councillor Hay OAM arrived at the meeting during the prayer.

7.25pm Councillor Dr Lowe left the meeting and returned at 7.29pm during Community Forum.

8.15pm Councillor Thomas left the meeting and returned at 8.16pm during Item 2.

8.27pm Councillor Dr Lowe left the meeting and returned at 8.30 during Item 2.

8.52pm Councillor Preston left the meeting and returned at 8.53pm during Item 3.

275 DISSENT FROM COUNCIL'S DECISIONS Nil.

276 ADJOURNMENT & RESUMPTION Nil.

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ITEM-1 CONFIRMATION OF MINUTES

A MOTION WAS MOVED BY COUNCILLOR DR BYRNE ADJUNCT PROFESSOR AND SECONDED BY COUNCILLOR PRESTON THAT the Minutes of the Ordinary Meeting of Council held on 26 May 2015 be confirmed.

THE MOTION WAS PUT AND CARRIED.

277 RESOLUTION

The Minutes of the Ordinary Meeting of Council held on 26 May 2015 be confirmed.

PETITIONS

278 OBJECTIONS TO DA 1410/2015/JP- WINSTON HILL SHOPPING CENTRE, LOT 101, DP1170464

Councillor Taylor tabled a Petition from the residents regarding this matter.

7.25pm Councillor Dr Lowe left the meeting and returned at 7.29pm during Community Forum.

COMMUNITY FORUM

279 MANAGEMENT PLAN - BELLA VISTA FARM PARK

Ms Diane Foster of Baulkham Hills requested clarification about a few issues, namely:

Whether or not the correct processes and protocols have been followed by Council when granting, allowing, allocating, the present Mackillop Drive Reserve to be used as a sports ground when it is actually categorised as a park.

The Mayor replied that this question was answered twice by the General Manager at the last two meetings. There was also an article in the paper about this matter. The Mayor then requested the General Manager to answer the question again.

The General Manager replied that this question has been answered twice before. The General Manager acknowledged that strictly speaking the plan of management should have been changed before the relevant allocation but the reasons as to why that sports ground was allocated has previously been given, and that’s why the matter is now being advertised. The General Manager noted the area being used, represents 6,000 square metres out of 75,000 square metres in area. The General Manager confirmed that for the third time as General Manager, the Management Plan perhaps should have been advertised before the allocation was given. The General Manager concluded by requesting any further aspects on the matter be taken on notice.

Ms Foster then asked wouldn’t it be morally correct for the Council to reverse its decision to allow the sports group to play on the park land because due process wasn’t followed?

The General Manager replied as was explained on the first occasion, there was a need to accommodate sports for up to 80 to 100 young children. Could you imagine the community outcry if Council said that it cannot allocate the grounds? The 1994 plans, for this particular area, clearly indicate that it is a playing field, and the plans clearly indicate it was to be marked out as a playing field. Coolock Crescent is a very wide

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avenue and a very wide street, so it was obviously planned for parking but for some reason back in 1994, prior to my time, whether it was through community angst or whatever reason, the lining and marking of that field never happened, but it’s obviously been sculpted to be a playing field and I acknowledge that it probably would have been better to have advertised the plan and management firstly but I can imaging the community outcry from the balance of the 180,000 people in this Shire, if 80 or 100 young children could not play sport on the grounds. Council is not abrogating our responsibility, but have taken the approach and advertised the Plan of Management for comment.

280 MEMBERS OF COMMUNITY ASSISTANCE WITH COUNCIL’S SPORTS CHALLENGES Ms Christine Giuliano of Baulkham Hills asked how does a member of the public become involved to try and help solve some of the Council’s challenges. There are many challenges that are coming up and after speaking to other mothers and residents that are quite active in the local community and schools, they have asked how do they become more active with the Council to help solve some of the challenges, whether it be sports or other things For example, a close friend who is on the fundraising committee of the Pacific Hills School advised that some of the areas of the school perhaps can be looked at being utilised. Is there a community forum or is there some way the residents know that they can utilise existing school facilities for different needs. There are plenty residents in the community who are on the Board of a school or community, who have good ideas and are able to help some of the short term challenges a Council like yourself have.

The General Manager replied that if there is any indication of any school that would like Council to share their facilities, Council would be more than welcome to hear directly from them. One of the most frustrating things is getting schools to cooperate and allow Council access to their facilities. Council has recently made arrangements with two government schools and one private school to use their facilities. Council had put some money towards upgrading their playing fields. When there is a change of Principals, the Principal often indicates that Council will not get access to their toilets or playing fields, so the money Council has invested is put to no fruitful use. So if there is a particular school that would be interested in allowing Council access, please request the school to the contact the General Manager, the Councillors or the Manager, Community Services who would be more than happy to go and meet them on site as Council needs plenty of playing fields .

8.15pm Councillor Thomas left the meeting and returned at 8.16pm during Item 2.

8.27pm Councillor Dr Lowe left the meeting and returned at 8.30 during Item 2.

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ITEM-2 NOTICE OF RESCISSION - POST EXHIBITION REPORT - PLANNING PROPOSAL SPURWAY DRIVE, BAULKHAM HILLS (10/2013/PLP)

Proceedings in Brief

Mr David Workman of Knights Frank representing land owner/applicant addressed Council regarding this matter.

A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR HAY OAM THAT the decision of the Ordinary Meeting of Council on Tuesday 26 May 2015 for Item 4 – Post Exhibition Report – Planning Proposal Spurway Drive, Baulkham Hills (10/2013/PLP) be rescinded.

THE MOTION WAS PUT AND LOST.

Being a Planning Matter, the Mayor called for a Division to record the votes on this matter.

VOTING FOR THE MOTION Clr Jefferies

Clr Dr Byrne Clr Thomas Clr Dr Lowe Clr Preston Clr Keane Clr Haselden Clr Taylor

VOTING AGAINST THE MOTION Clr Hay OAM

Clr Tracey Clr Gangemi Clr Harty OAM

ITEM-4 DA 340/2015/ZD - SUBDIVISION CREATING FOUR COMMUNITY TITLE RURAL RESIDENTIAL LOTS AND ONE COMMUNITY ASSOCIATION LOT - LOT 1 DP 774629, 118 CATTAI RIDGE ROAD, GLENORIE Proceedings in Brief

Mr Robert Mostafavi, the owner addressed Council regarding this matter.

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

THE MOTION WAS PUT AND CARRIED UNANIMOUSLY

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281 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 DJ Hore Pty Ltd, Drawing Ref: 13136, dated 28.04.2014 and other supporting documentation except where amended by other conditions of consent.

2. Compliance with NSW Office of Water Requirements

Compliance with the requirements of the NSW Office of Water throughout all stages of the subdivision as outlined in their letter dated 17 October 2014, Ref 10 ERM2014/0871 attached to this consent as Appendix A.

3. Compliance with NSW Rural Fire Service Requirements

Compliance with the requirements of the NSW Rural Fire Service throughout all stages of the subdivision as outlined in their letter dated 15 January 2015, Ref D14/2703 attached to this consent as Appendix B.

4. Subdivision Certificate Pre-Lodgement Meeting/ Check

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. Community Association Lot

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

6. Heritage Assessment for Future Dwellings

All future development applications lodged for the construction of dwellings or ancillary structures on the proposed lots must be accompanied by statements which assess the potential impacts upon those established nearby heritage items listed as follows:

‘Abergeldie’ – No. 95 Cattai Ridge Road

Single storey residence: Part of the late Victorian development of Cattai Ridge Road in the middle of Nelson Parish.

‘Hillside School’ – 124 Cattai Ridge Road

Because existing school buildings are new, the house used by the school master is the only physical evidence of the earlier existence of a school on this site.

7. Adherence to Waste Management Plan

All requirements of the Waste Management Plan submitted to and approved by Council must be implemented during the construction and/ or demolition phases of the development, as well as the ongoing management phase. The information submitted can change provided that the same or a greater level of reuse and recycling is achieved as detailed in the plan. Any material moved offsite is to be transported in accordance with the requirements of the Protection of the Environment Operations Act 1997 and only to a place that can lawfully be used as a waste facility. Receipts of all waste/ recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them.

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8. Tree Removal

Approval is granted for the removal of trees 95-96, 98-100, 114-123, and 125-126 as per tree numbering on existing trees plan prepared by DJ Hore Pty Ltd.

All other trees are to remain and are to be protected during all works. Suitable replacement trees are to be planted upon completion of construction.

9. 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.

10. Management of Construction Waste

Any waste generated as a result of construction 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.

11. Surplus Excavated Material

The disposal of surplus excavated material, other than to a licenced waste facility, is not permitted without the formal approval of Council prior to works commencing onsite. Any unauthorized disposal of waste, which includes excavated material, is a breach of the Protection of the Environment Operations Act 1997 and subject to substantial penalties.

Receipts of all waste/ recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them.

12. Contamination

Any new information, that may come to light during construction works, which has the potential to alter previous conclusions about site contamination, shall be immediately notified to Council’s Manager – Environment and Health.

13. Protection of Public Infrastructure

Council must be notified of any damage to public infrastructure caused by the development. Adequate protection must be provided prior to work commencing and maintained during building operations. Any damage caused must be made good, to the satisfaction of Council, before a Subdivision Certificate can be issued. Public infrastructure includes the road pavement, kerb and gutter, concrete footpaths, drainage structures, utilities and landscaping fronting the site.

14. Structures Adjacent to Piped Drainage Easements

Buildings and structures, including footings and brick fences, adjacent to existing or proposed drainage easements must be located wholly outside the easement. A design must be provided by a structural engineer certifying that the structure will not impart a load on the pipe in the easement.

15. Requirements for Council Drainage Easements

No works are permitted within existing or proposed public drainage easements unless approved by Council. Where works are permitted, the following requirements must be adhered to:

a) Provision for overland flow and access for earthmoving equipment must be maintained.

b) The existing ground levels must not be altered. No overland flow is to be diverted out of the easement.

c) No fill, stockpiles, building materials or sheds can be placed within the easement.

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d) Open style fencing must be used. New or replacement fencing must be approved by Council.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 16. Controlled Activity Authority – NSW Office of Water

A copy of the Controlled Activity Authority required to be obtained from the NSW Office of Water must be submitted to Council before a Construction Certificate is issued.

17. Engineering Works and Design

The design and construction of the engineering works listed below must be provided for in accordance with the following documents and requirements:

a) Council’s Design Guidelines Subdivisions/ Developments b) Council’s Works Specifications Subdivisions/ Developments

Variation from these documents can only be approved by Council’s Manager – Subdivision and Development Certification.

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. For Council to issue this approval the following must be provided:

a) A completed application form.

b) An electronic copy of the design plans and accompanying documentation.

c) Payment of the applicable application and inspection fees.

d) Payment of any required security bonds.

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.

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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:

i. Footpath Verge Formation

The grading, trimming, topsoiling and turfing of the footpath verge fronting the development site is required to ensure a gradient between 2% and 4% falling from the boundary to the top of kerb is provided. This work must include the construction of any retaining walls necessary to ensure complying grades within the footpath verge area. All retaining walls and associated footings must be contained wholly within the subject site.

Any necessary adjustment or relocation of services is also required, to the requirements of the relevant service authority. All service pits and lids must match the finished surface level.

ii. Gutter Crossings

Gutter crossings to each of the proposed new lots are required. The crossings must be to the rural road standard and to be designed to convey stormwater runoff from the upstream footpath verge.

iii. Service Conduits

Service conduits to each of the proposed new lots, laid in strict accordance with the relevant service authority’s requirements, are required. Services must be shown on the engineering drawings.

iv. Stormwater Drainage

Provision of stormwater drainage structures to convey the public stormwater runoff from Cattai Ridge Road shall be in accordance with the amended Drawing No. 1589-P04 Sheet 04 Revision dated 23/10/2014.

This shall also include a separate drainage piping along the eastern boundary of lot 4 or alternatively construction of street drainage including pits and piping or table drain across the frontage of lot 4 and connection to the proposed storm water system on the western boundary of lot 4.

v. Stormwater Drainage – Creek Outlets

Piped stormwater outlets/ connections to a natural watercourse must comply with the requirements of Council and the NSW Office of Water (as well as Sydney Water, in the case of stormwater management land).

18. 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 $775.00 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 or Complying Development 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 19. Protection of Existing Trees

The trees that are to be retained within 10m of any approved subdivision works are to be protected during all works strictly in accordance with AS4970- 2009 Protection of Trees on Development Sites.

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

 Stockpiling of materials within the root protection zone,

 Placement of fill within the root protection zone,

 Parking of vehicles within the root protection zone,

 Compaction of soil within the root protection zone.

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

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

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

20. 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.

21. Erection of Signage – Supervision of Work

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

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

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

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

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

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22. 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.

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

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

b) Documentary evidence, including a notice of requirements from Sydney Water, must be submitted confirming that satisfactory arrangements have been made for the provision of water and sewerage facilities.

c) Consultation with the relevant telecommunications provider authorised under the Telecommunications Act regarding the installation of telephone conduits is required.

The design and construction of these works must comply with current NBN standards, where applicable.

24. 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.

DURING CONSTRUCTION 25. 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.

26. 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.

27. 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 hours’ notice is required for inspections. No works are to commence until the first inspection has been carried out.

PRIOR TO ISSUE OF A SUBDIVISION CERTIFICATE 28. 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

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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/Restricted Development Area.

 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.

29. Vegetation Management Plan (VMP) Implementation

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

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

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

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

30. Completion of Subdivision Works

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

31. 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.

32. 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.

33. 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.

34. Public Asset Creation Summary

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

35. 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

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authorised Water Servicing Coordinator. The certificate must refer to this development consent and all of the lots created.

36. 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 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.

37. 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.

38. 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.

39. 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.

40. Final Plan and 88B Instrument

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

i. Easement – Public Stormwater Drainage

Drainage easements 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.

ii. Restriction – Location of Vehicular Access

Lots 4 and 5 must be burdened with a restriction limiting access to the locations shown on Drawing No 1589-P05 Sheet 05 dated 16/06/2014 prepared by Storm Consulting.

iii. Restriction – Stormwater Management (Rural)

Lots 2 to 5 must be burdened with a restriction using the “stormwater management (rural)” terms included in the standard recitals.

iv. Restriction/ Positive Covenant – Asset Protection Zone

Lots 2-5 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.

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

v. Restriction/Positive Covenant – Vegetation Management Plan

Lot 1 must be burdened with a restriction and a positive covenant using the “Vegetation Management Plan/ Restricted Development Area” terms included in the standard recitals.

vi. Restriction/Positive Covenant – Building Platform

Lots 2 to 5 must be burdened with a restriction using the “building platform” terms included in the standard recitals.

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APPENDIX A

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APPENDIX B

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Clr Dr Byrne Clr Thomas Clr Dr Lowe Clr Preston Clr Keane Clr Haselden Clr Taylor Clr Hay OAM Clr Tracey Clr Gangemi Clr Harty OAM

VOTING AGAINST THE MOTION None

8.52pm Councillor Preston left the meeting and returned at 8.53pm during Item 3.

ITEM-3 POST EXHIBITION - RECLASSIFICATION OF 5 JACKSON PLACE, KELLYVILLE TO OPERATIONAL LAND (9/2015/PLP)

A MOTION WAS MOVED BY COUNCILLOR HASELDEN AND SECONDED BY COUNCILLOR TAYLOR THAT the Recommendation contained in the report be adopted.

THE MOTION WAS PUT AND CARRIED UNANIMOUSLY.

282 RESOLUTION

1. The planning proposal to reclassify 5 Jackson Place from ‘community’ land to

‘operational’ land in accordance with the Local Government Act 1993 be adopted and progressed to finalisation.

2. Amendments to Development Control Plan 2012 Part D Section 5 – Kellyville/Rouse Hill Release Area to reflect the revised cycleway route and remove the ‘open space’ notation from 5 Jackson Place, Kellyville be adopted and come into force following the notification of the planning proposal.

3. Council consent to the release of restrictions on the use of land numbered 11 on the 88B Instrument for DP862283 and numbered 6 on the 88B Instrument for DP1083182 with a ‘Release or Extinguishment of Restriction on the Use of the Land’ document authorised for execution under Council seal.

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Clr Dr Byrne Clr Thomas Clr Dr Lowe Clr Preston Clr Keane Clr Haselden Clr Taylor Clr Hay OAM Clr Tracey Clr Gangemi Clr Harty OAM

VOTING AGAINST THE MOTION None

CALL OF THE AGENDA

A MOTION WAS MOVED BY COUNCILLOR DR LOWE AND SECONDED BY COUNCILLOR KEANE THAT Items 5 and 6 be moved by exception and the recommendations contained in the reports be adopted.

THE MOTION WAS PUT AND CARRIED.

283 RESOLUTION

Items 5 and 6 be moved by exception and the recommendations contained in the reports be adopted.

ITEM-5 DEED OF CONSENT - LEASE OF GROUND FLOOR, BUILDING C, 3 COLUMBIA COURT, BAULKHAM HILLS

284 RESOLUTION

Council agree to enter into a ‘Deed of Consent – Lessor’ with the National Australia Bank Limited ABN 12 004 044 937 for both leases for the Ground Floor, Building C, 3 Columbia Court, Baulkham Hills with both deeds authorised for execution under seal.

ITEM-6 HILLS DISTRICT BASKETBALL ASSOCIATION INC - PROPOSED CONTRACT AND LEASE

285 RESOLUTION

1. The four components of the agreements with the Hills Basketball Association being the Agreement to Lease, Short Term Lease, Lease, and Remuneration Deed be authorised for execution under Seal.

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2. Hills Basketball Association be instructed to permit the General Manager, or his delegate, attendance at the Committee of Management as an observer, particularly when the annual budget is determined and the annual accounts are signed off.

3. The General Manager be authorised to create a governance structure during the construction period to ensure that the project is properly managed.

QUESTIONS WITHOUT NOTICE

286 ASSISTANCE FROM PUBLIC REGARDING VANDALISM – WAR MEMORIAL AT CENTENARY OF ANZAC RESERVE

Councillor Dr Lowe thanked the press for the article on the vandalism that occurred at the War Memorial at Centenary of Anzac Reserve. Councillor Dr Lowe also thanked the General Manager and his staff for making sure that the CCTV footage was given to the Local Area Command as soon as possible. Councillor Dr Lowe requested the Mayor to put out a plea for assistance to the public on behalf of the Hills Shire Council to the vandalism of the War Memorial at Centenary of Anzac Reserve between the hours of 1.16am and 1.39am on Saturday 6 June 2015 when this deplorable act took place.

287 MAINTENANCE OF FOOTPATH ALONG OLD CASTLE HILL ROAD (IN FRONT OF DAVID JONES)

Councillor Dr Lowe asked whether Council is responsible for the maintenance of the footpath along Old Castle Hill Road in front of the David Jones bus stop area. Concerns have been raised about the conditions of the pavements. Can Council please make some temporary repairs as there are concerns for less mobile persons getting in and around the area?

The General Manager replied yes, and Council is about to do some maintenance on the footpath. It’s also an issue we shall be taking up with QIC. If QIC are not going to do any effective work during Stage 3. Council will have to look at what the footpath is constructed of.

288 STREET SWEEPING – WITHERS ROAD, ROUSE HILL

Councillor Dr Lowe passed on thanks to Council staff from Mrs S Hillel of Rouse Hill for marvellous clean-up job by the crew earlier today.

289 MARKED TREE FOR REMOVAL – 8 IRONBARK ROAD, BELLA VISTA

Councillor Harty advised that a tree on the nature strip is lifting the driveway. This was inspected by the Council Officers. The tree has been marked for removal for a long time.

The situation is getting worse. Can Council please follow-up this matter.

The General Manager replied that he would take the question on notice and would look into the matter.

The Minutes of the above Meeting were confirmed at the Meeting of the Council held on 23 June 2015.

MAYOR GENERAL MANAGER

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ITEM-2 REVIEW OF DEVELOPMENT CONTROL PLAN 2012 - INTRODUCTION AND RURAL SECTIONS (FP179) THEME: Balanced Urban Growth

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

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

MEETING DATE: 23 JUNE 2015 COUNCIL MEETING

GROUP: STRATEGIC PLANNING

AUTHOR: FORWARD PLANNING COORDINATOR

ANNE BANYAI

RESPONSIBLE OFFICER: MANAGER FORWARD PLANNING STEWART SEALE

EXECUTIVE SUMMARY

This report recommends that changes to the Introduction and Rural sections of Council’s Development Control Plan be publicly exhibited. It is further recommended that a planning proposal be forwarded to the Department of Planning and Environment to remove ‘rural workers dwellings’ as a permissible use across all rural zones in the Shire.

The review of the Development Control Plan has been undertaken as part of Council’s initiative to reduce red tape in planning and development. Key changes involve reducing development application advertising to that required under legislation for major development types. This will remove the requirement for advertisement in a local paper and placing a notice on site for a range of local development (refer Attachment 1), however written notification to adjoining and adjacent land owners will still be undertaken for such developments.

It is also proposed to remove the requirement for written notification to adjoining and adjacent landowners for certain low impact developments such as rural sheds, fencing, tennis courts and strata subdivisions that comply with all applicable development controls. Rural development controls have been reduced and simplified and additional flexibility has been introduced for rural sheds, secondary dwellings and rural cluster subdivision.

The amendment of the Local Environmental Plan to remove rural workers dwellings as a permitted use is considered warranted given that such development is not appropriate and unable to be justified given the proximity to the urban area. The Department of Primary Industry policy guidance indicates such uses are appropriate for large scale rural enterprises in locations remote from major population centres.

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APPLICANT Council initiated HISTORY

14/04/2015 Council considered a briefing report on the review of rural development controls.

BACKGROUND

One of the core values of Council is to improve the level of service to the customer and improve their experience when dealing with Council. An area where Council receives a high volume of phone and over the counter enquiries is the development area. Typically Development Control Plans and Local Environmental Plans are complex documents developed in technical jargon that can be difficult to interpret for residents looking to carry out basic property development such as building a new house or shed.

On 10 September 2014 the government announced the ‘Fit for the Future’ package that seeks to reform the way in which local government operates. The reform package includes a commitment to reducing regulation and red tape. As part of red tape reduction initiatives, it is proposed that Council’s Development Control Plan be simplified to assist in the delivery of an online self-service planning enquiry system and ultimately allow for online lodgement of development applications. The first phase is a review of the Introduction and Rural Sections of the Plan.

REPORT

The purpose of this report is to outline proposed changes to the Introduction and Rural sections of Council’s Development Control Plan.

1. REVIEW OF INTRODUCTION SECTION

The current Introduction Section of the Development Control Plan currently contains information relating to advertising and neighbour notification requirements, the development application process, definitions and an explanation of submission requirements including guidance on the content of studies prepared to support development applications. This section has been reviewed and changes are proposed to make amendments to the advertising and notification procedures for certain development applications and simplify the information required for a development application.

(a) Legislative Context – Advertising and Notification

In regards to development application advertising Section 79A(1) of the Environmental Planning and Assessment Act 1979 (the Act) requires that notice of a development application for consent to carry out advertised development is to be given in accordance with the Act, the Environmental Planning and Assessment Regulation 2000 (the Regulations) a relevant environmental planning instrument or a relevant development control plan. Notice essentially means an advertisement in a local newspaper, and the Act identifies some categories of development that must be advertised. These are generally major development types and include:

• State significant development (development identified by the NSW Government as being either of State or regional significance);

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• Designated development (development where an Environmental Impact Statement is required for example mining, chemical storage, agricultural produce industries);

• Most aquaculture development;

• Certain integrated development (development when the approval of a public authority is required)

• Certain threatened species development (that is likely to significantly affect threatened species, populations or ecological communities).

For these categories the Regulations also specify various requirements relating to site notices and written notification to adjoining owners.

Section 79A(2) of the Act then goes on to state that a development application for a specified development (other than the major development types identified above) must be notified or advertised in accordance with the provisions of a development control plan if the development control plan provides for the notification or advertising of the application. Therefore the Act provides councils with the discretion to identify local development types that require advertising or notification. As with development identified as ‘advertised development’ under the Act, the regulations then specify the parameters of the notification including contents of newspaper and written notices.

(b) Current Situation

An extract of the current advertising and notification requirements is provided in Attachment 1.

Advertised development

Currently the Shire’s Development Control Plan 2012 identifies a category of development as ‘Notifiable Development’ and specifies that these types of development are advertised in a local newspaper, and a notification sign is erected on the property. To meet costs, applicants must pay an additional advertising fee at time of lodgement.

There are 28 development types contained in this list including entertainment facilities, multi dwelling housing, residential flat buildings and tourist and visitor accommodation.

Written notification of development

The Development Control Plan 2012 specifies that landowners that adjoin and are directly opposite any development proposals will be provided with written notification, except for where there will be no impacts or the site does not adjoin a residential property. The plan also permits nil notification in cases where all adjoining and adjacent landowners have noted on the plans that they have no objection to the application. In addition, notification is generally not undertaken for boundary adjustments where no additional lots are created.

For low impact telecommunications facilities, the plan summarises consultation and notification requirements for proponents under the Australian Communications Industry Forum (ACIF) Code (now known as the Communications Alliance Ltd Industry Code - Mobile Phone Base Station Deployment) which has legal effect under the Telecommunications Act 1997.

(c) Proposed Changes to Advertising and Notification

Changes are proposed to simplify advertising and notification procedures. For advertising, it is proposed that this is limited to applications where a newspaper notice is required under legislation (refer item 1(a) - legislative context). This change is considered to have minimal impact given that Council’s online application tracking

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system enables the community to search for development applications in their area at any time. In addition, Council’s community notices page provides weekly updates on received development applications. It is important to note that written notification to adjoining and adjacent land owners will still be undertaken for development types that are currently advertised, for example apartment buildings or shop top housing.

The views of neighbouring landowners are important in the planning process and it is proposed to retain written notification of proposals to owners of adjoining and adjacent properties for the majority of development types. Neighbour notification is however proposed to be removed for certain low impact developments where the proposal complies with the relevant development standards and controls. These development types include rural sheds (ancillary to residential use), new rural fencing, tennis courts (ancillary to residential use), strata subdivisions and where development will have no impacts to adjoining properties. Where these development types do not meet standards and controls, they will continue to be notified.

Current policy prescribing no notification for boundary adjustments where no new lots are created and where a site does not adjoin a residential property shall be retained.

Where a development application is not notified by Council in accordance with the above provisions, adjoining and adjacent property owners will be sent a courtesy letter advising that an application has been received that is in accordance with the requirements of the development control plan. The letter will state Council will not be formally notifying or inviting submissions for this type of application which will be determined within the requirements of the Environmental Planning and Assessment Act, 1979 no sooner than 14 days from the date of the letter.

The changes will facilitate faster approvals across the Shire for routine, low impact developments that meet all of Council’s development controls. Whilst it represents a policy change for Council, it is consistent with the approach taken for complying development and will encourage development that meets Council’s standards.

Given difficulties in verifying the authenticity of signatures it is proposed to not carry over provisions relating to nil notification in cases where adjoining and adjacent landowners have noted on the plans that they have no objection to an application.

For low impact telecommunications facilities, given specific requirements are identified under the provisions of the Telecommunications Act and Industry code, it is proposed to not reproduce such requirements within the plan.

(d) Other changes

Information required with a development application such as studies and reports have been removed and will be included in a revised Development Application Lodgement Guide. Information on the pre-lodgement process is also proposed to be provided in a guidance document rather than the development control plan. A revised glossary has been included and a number of other minor changes are also proposed to minimise duplication, remove unnecessary references to other plans and legislation, and reorganise the information into a simplified and more user-friendly format. A copy of the proposed draft Introduction section is provided in Attachment 2.

(e) Growth Centres

Given the above changes are proposed to update Council policy with respect to the advertising and notification of development applications, it is proposed that the relevant sections of the Growth Centre Development Control Plans (North Kellyville and Box Hill) also be amended to reflect the new provisions as specified above. This will ensure a

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consistent approach across the Shire and avoid confusion for applicants and the community.

2. REVIEW OF RURAL DEVELOPMENT CONTROLS

The Rural Development Control Plan contains controls relating to subdivision and development in the rural area including controls relating to extractive industries. The aim of the plan is to ensure development not impact on the rural character, amenity and environmental features of the land.

(a) Structure and Format

Generally, development is proposed to be guided by a 'Statements of Outcomes’ and

‘Development Controls’. Statement of Outcomes set out the key intent of each control.

Development controls are then listed in a tabular format and numeric controls are utilised where possible. Redundant or out of date controls have been deleted and the use of excess commentary or background details around controls has been minimised.

In some specific circumstances, known potential variations to a development control are identified to allow flexibility in the application of the control where the variation sought would meet the intended outcome. This would be in cases such as acknowledging an existing building location when applying setback controls for a dwelling extension. It would still be open to consider other variations to the controls as part of a merit assessment, as per the existing practice, which would be evaluated against the

‘Statement of Outcomes’ for that control.

(b) Key Policy Changes

Some controls have been removed or significantly reduced, and additional flexibility has also been introduced for some land uses such as sheds and rural cluster subdivision. An outline of the key changes to controls in the plan is set out below:

Rural Sheds

Controls for rural sheds have been simplified to better respond to provisions under complying development and the Local Environmental Plan (LEP). This includes the removal of a height limit in the Development Control Plan (given height is controlled by the LEP) and an increase in the maximum size of a shed in the RU6 Transition zone from 200m² to 300m² as this is more consistent with the size of sheds generally sought by customers and subsequently approved by Council. Requirements around the degree of roof pitch, design features and colours and materials for sheds have been removed given the standard nature of shed manufacturing. Remaining controls relating to setbacks and landscaping will ensure visual impacts are minimised.

Rural Cluster Subdivision

Controls relating to rural cluster subdivision have been reviewed and simplified. To improve flexibility in development outcomes the minimum number of cluster lots has been reduced from four (4) to three (3) lots. With regard to environmental outcomes, the requirement for the submission of a Community Management Statement at the development application stage has been removed and clearer controls around requirements for Vegetation Management Plans will provide clarity for applicants seeking to carry out this type of development.

Rural Workers Dwellings

Rural workers dwellings are currently permissible with consent in all the rural zones across the Shire and controls govern the maximum size of such dwellings and require significant justification as to why one is necessary to support agricultural activity

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occurring on the site. The intent for rural workers dwellings is to allow a small-scale accommodation option for rural workers in isolated areas to prevent them from having to travel long distances to access their employment, and to ensure that the worker is within close proximity to the agricultural activity. The NSW Department of Primary Industries provide strategic policy guidance on rural workers dwellings and advise they are appropriate in isolated locations more than 200km from major population centres. In general, rural workers dwellings are warranted when the scale and nature of the farm necessitates on site workers or managers to meet animal welfare requirements, such as large scale intensive livestock enterprises.

Existing rural workers dwellings in the Shire have been approved subject to conditions relating to occupation only by a person engaged in agricultural activity on that land. In recent times however, there has been limited interest in rural workers dwellings in this Shire. This is generally because of the proximity of the Shire’s rural lands to the urban area and requirements relating to the financial evidence and locational justification.

The introduction of secondary dwellings in the rural areas as part of Local Environmental Plan 2012 provides opportunities for all landowners in rural areas to construct an additional dwelling without the required justification relating to rural workers dwellings.

It is therefore proposed that the controls relating to rural workers dwellings be deleted from the Development Control Plan and a planning proposal to prohibit rural workers dwellings under the Local Environmental Plan be progressed. Should an existing rural workers dwelling cease to be occupied for its approved purpose a landowner may seek approval for its use as a secondary dwelling. Such an approach has been implemented in other Council areas, most recent being Lismore City Council.

Private open space for secondary dwellings

The requirement for a private open space area for secondary dwellings has been removed given sufficient area is available for such in rural locations.

Site coverage controls for plant agriculture

A provision has been added to acknowledge commonly approved variations to site coverage controls for intensive plant agriculture development involving light weight structures such as greenhouses. The variation allows flexibility in the assessment and simplifies the application process for customers. Controls such as landscape screening are maintained to ensure visual impacts are appropriately managed.

On-site sewerage management controls

It is proposed to remove controls relating to on-site sewerage management and move this to a local approvals policy to reduce upfront application requirements and approval time frames for customers.

Extractive Industries

The controls have been reduced to simplify requirements and remove duplication, unnecessary references and images.

A copy of the proposed draft Rural Section of the Development Control Plan controls is provided in Attachment 3.

CONCLUSION

The proposed Development Control Plan changes simplify controls for development thereby reducing red tape and providing for more timely preparation and processing of development applications. Changes to advertising will reduce costs for applicants whilst enabling Council to meet its statutory obligations. The proposed changes to the Rural

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and Introduction sections provide a more user friendly document to assist residents in designing and gaining approval for rural/residential developments.

Amended rural controls provide additional flexibility and improved clarity around development requirements including sheds and rural cluster subdivision. The generally tabulated and numeric format of controls enable future translation to an online enquiry system that will enable customers to easily search for development rules for their property and development type.

A policy change to remove rural workers dwellings as a permissible land use and delete all relevant development controls ensures the appropriate strategic management of the Shire’s rural lands.

IMPACTS Financial

This matter has no direct financial impact upon Council's adopted budget or forward estimates.

The Hills Future - Community Strategic Plan

The review of Council’s DCP will improve development controls and the overall development approval process, ensuring a robust framework that is in line with the community’s needs and expectations.

RECOMMENDATION

1. Proposed amendments to Part A - Introduction and Part B Section 1 - Rural of Development Control Plan 2012 be publicly exhibited.

2. North Kellyville and Box Hill Development Control Plans be amended to include the same advertising and notification procedures as proposed for the rest of the Shire and be exhibited concurrently with The Hills Development Control Plan 2012.

3. A planning proposal to amend Council’s Local Environmental Plan to prohibit rural workers dwellings in all rural zones within the Shire be prepared and forwarded to the Department of Planning Environment for a Gateway Determination.

ATTACHMENTS

1. Extract of current advertising and notification requirements under The Hills Development Control Plan 2012 (4 Pages).

2. Draft Introduction Section (18 Pages).

3. Draft Rural Section (30 Pages).

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ATTACHMENT 1 EXTRACT OF CURRENT DEVELOPMENT CONTROL PLAN POLICIES – ADVERTING AND NOTIFICATION

NOTIFIABLE DEVELOPMENT (SECTION 2.1)

“Notifiable development” refers to a classification for specific development permissible with consent that is not complying development, exempt development or nominated integrated development.

Additional notification of adjoining owners/properties is required to consider the broader public interest in terms of the potential size, nature and/or impact of proposed development. Notifiable development shall be advertised in the local newspaper and the consent authority will erect a notification sign advertising the proposed development at the proposed location. An advertising fee, to cover the cost of advertising, must be paid upon the lodgement of a development application in accordance with Council’s Fees and Charges.

The following development is considered notifiable development and will attract an additional advertising fee:

• Animal boarding or training establishments

• Caravan parks

• Charter and boating tourism facilities

• Correctional centres

• Educational establishments

• Entertainment facility

• Exhibition villages

• Extractive Industries

• Forestry

• Function centres

• Hospitals

• Hotel or motel accommodation

• Liquid fuel depots

• Multi dwelling housing

• Neighbourhood shops

• Registered clubs

• Research stations

• Residential flat buildings

• Restaurants or cafes (in rural zones)

• Service stations in the RU2 Rural Landscape zone and SP3 Tourist zone

• Sex services premises

• Shop top housing

• Small lot housing (Refer to Clause 4.1B Exceptions to minimum lot sizes for certain residential development of The Hills Local Environmental Plan 2012)

• Telecommunication facilities

• Tourist and visitor accommodation

• Waste disposal facility

• Waste or resource management facility

• Waste or resource transfer station