Page 1 MINUTES OF THE LOCAL PLANNING PANEL

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MINUTES OF THE LOCAL PLANNING PANEL – 17 JUNE 2020 THE HILLS SHIRE COUNCIL

PRESENT:

Julie Walsh Chair

Alf Lester Expert

Scott Barwick Expert

Rohan Toner Community Representative

COUNCIL STAFF:

Cameron McKenzie Group Manager – Development & Compliance Ben Hawkins Manager – Subdivision & Development Certification Robert Buckham Acting Manager – Development Assessment

Gannon Cuneo Senior Town Planner James Gibbeson Senior Town Planner

MEETING COMMENCED:

1:15pm

MEETING FINISHED:

1:50pm

DECLARATIONS OF INTEREST:

There are no conflicts of interest declared.

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ITEM 1: DA 1007/2020/ZB – SUBDIVISION CREATING 16 RESIDENTIAL LOTS AND ONE RESIDUE LOT INCLUDING DEMOLITION, CONTAMINATION REMEDIATION AND NEW ROAD OVER THREE STAGES – LOT A DP 367230 AND LOT 2 D 1249525, 66 TERRY ROAD, BOX HILL

SPEAKERS Nil

COUNCIL OFFICER’S RECOMMENDATION

The development application be approved subject to a Deferred Commencement consent.

PANEL’S DECISION

1. The panel accepts the proposed departure from the development standard relating to residential density under clause 4.1B SEPP (Sydney Region Growth Centres) 2006 – Appendix 11 The Hills Growth Centre Precincts Plan as it is satisfied that the applicant’s clause 4.6 written request has adequately addressed the matters required to be demonstrated by clause 4.6(3) and that the development will be in the public interest because it is consistent with the objectives of the standard and the objectives of the R2 Low Density Residential zone under the SEPP.

2. The development application is approved subject to the conditions contained in the Council officer’s report amended as follows:

• Condition 1 is amended as follows:

1. Concurrence from NSW Environment, Energy and Science

A. Pursuant to Section 4.16(3) of the Environmental Planning and Assessment Act 1979 deferred commencement consent is granted subject to:

1. An Aboriginal Heritage Impact Permit (AHIP) from NSW Environment, Energy and Science must be obtained under Section 90 of the National Parks and Wildlife Act 1974.

B. The applicant must provide Council with written evidence demonstrating that the matters listed under Part A1 above have been satisfactorily addressed no later than four weeks before the notice of expiry date.

C. Upon compliance with the requirements of Part A1, a full consent will be issued subject to the following conditions:

2. Approved Plan

The subdivision must be carried out in accordance with the approved plans of subdivision listed below and other supporting documentation submitted with the application including the undertaking in the Statement of Environmental Effects dated January 2020 relating to the dedication of Monmouth Drive and Hedgewood Drive as public road at no cost to Council, except where amended by other conditions of consent.

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Title Reference Issue Author Date

Stage 2A 23749-PS2A E Proust &

Gardner

19/11/2019

Stage 3A 23749-PS3A D Proust &

Gardner

20/09/2019

Stage 3B 23749-PS3B D Proust &

Gardner

20/09/2019

• Condition 9 is deleted.

12. Contamination Assessment and Site Remediation

The recommendations of the Detailed Contamination Assessment and Remedial Action Plan prepared by Geotechnique Pty Ltd Reference 14332/4-AA dated 30 November 2018 and submitted as part of the Development Application are to be implemented as part of this approval. In particular:

- Remediation of the asbestos impacted soils in the vicinity of TP1, by excavation and disposal at a licensed landfill facility.

- Remediation of the Cu Zn impacted soils in the vicinity of TP4, by excavation and disposal at a licensed landfill facility.

- Assessment of the soils in the footprints of existing site features after demolition and removal. Sampling and testing will be required to determine the contamination status of soils in the footprints of site features. In the event of contamination, detailed assessment, remediation and validation will be required.

- Following completion of the remediation works, validation sampling and testing plan as outline in section 16 of the report must be implemented.

- Onsite burial and containment is not permitted.

28. Works on Adjoining Land

Where the engineering works included in the scope of this approval extend into adjoining land, written consent from all affected adjoining property owners must be obtained and submitted to Council before a Subdivision Works Certificate is issued.

Specifically:

a) The reconstructed outlet from the temporary basin on Lot 35 DP 1215572 must be designed and constructed as per the condition titled “engineering works and design”

below.

b) The temporary/ transition work in Terry Road must maintain access to/ from 253-245 Terry Road until such time as that property is developed and the existing dwelling house removed.

c) Any work on Lot 1 DP 1249525 must be carried out in accordance with the requirements of Council.

• Condition 29 is amended as follows:

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29. Engineering Works

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”.

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.

Depending on the development type and nature and location of the work the required certificate or approval type will differ. The application form covering these certificates or approvals is available on Council’s website and the application fees payable are included in Council’s Schedule of Fees and Charges.

The concept engineering plans prepared by Proust and Gardner Revision A dated October 2019 (Stage 2A) and Revision A dated December 2019 (Stages 3A and 3B) are for development application purposes only and are not to be used for construction. The design and construction of the engineering works listed below must reflect the concept engineering plan and the conditions of consent.

• All three stages of this development rely upon the temporary basin and road construction approved by 126/2019/ZB (as amended) occurring first.

• The temporary basin and temporary channel/ diversion approved by 126/2019/ZB must be amended to account for the following before a Subdivision Works Certificate can be issued.

• The existing pre-developed case TUFLOW modelling undertaken by JWP must be re-run to include the temporary basin and temporary channel/ diversion. This modelling must inform the detailed design and construction of the temporary basin and temporary channel/ diversion and demonstrate no nuisance flooding impacts upstream or downstream of the development (until the permanent/ regional basin is constructed here).

• The detailed design and construction of the temporary channel/ diversion must include a 0.3m freeboard below the edge/ berm of the temporary basin.

• The detailed design and construction of the temporary channel/ diversion must demonstrate how the upstream overland flows are proposed to be safely diverted into the bypass channel. This includes a physical transition as well as appropriate energy dissipation works designed using the hydraulic data. The main design objective of a transition in open channel is to avoid excessive energy losses and to minimize surface waves, turbulence and erosion potential. The transition should be designed to achieve a smooth water-surface profile between areas upstream and downstream of the transition.

The occurrence of critical flow or hydraulic jumps should be avoided.

• Information addressing the above design/ modelling matters must be submitted to and approved in writing by Council’s Manager – Subdivision and Development Certification before a Subdivision Works Certificate is issued.

• The temporary pavement reconstruction in Terry Road fronting the subject site must be provided for generally in accordance with the concept engineering plan prepared by Proust and Gardner Revision A dated October 2019 (Stage 2A). The final road level/

reconstruction is reliant on the completion of the culvert crossing under Terry Road by others/ Council. The developer is responsible for the partial width road reconstruction to the northern edge the intersection between Monmouth Drive/ Terry Road only, commensurate with the residential zoned land/ the subject site. The reconstruction further north through the transition and above the culvert is the responsibility of others.

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• The vertical geometry of Terry Road must provide for complying vertical curves/

transitions based on a design speed 10km/h above the sign-posted speed limit regardless of the temporary nature of this work.

• The construction of Hedgewood Drive in Stage 3A relies on the western extension of this road approved by 1839/2018/ZB occurring first. Where this has not occurred in Stage 3A a temporary cul-de-sac turning head is required as conditioned below. The level difference at the boundary needs to be addressed and may require additional bonded/

outstanding work.

• The filling/ lot grading for the lots in Stage 3B relies on the construction and dedication of Meydan Street approved by 1839/2018/ZB occurring first.

• The temporary stormwater line/ outlet through the Stage 3B area proposed in Stage 3A from the temporary basin over Lot 35 DP 1215572 must be included with the detailed design and construction of the subdivision works in Stage 3A. This temporary stormwater line/ outlet requires a 2.5m wide easement in gross (contrary to the subdivision plan which shows a 1.5m wide easement). This temporary stormwater line/ outlet and associated easement must be removed as part of the detailed design and construction of the subdivision works in Stage 3B. The temporary stormwater line/ outlet must instead connect to the street drainage in Meydan Street approved by 1839/2018/ZB.

• The separate stormwater line (G) under Hedgewood Drive associated with this temporary stormwater line/ outlet must be removed and consolidated with permanent stormwater line (A). The final detail relating to this staged approach to directing runoff from the upstream temporary basin to the SP2 zoned land downstream will need to be finalised in coordination with Council’s Manager – Subdivision and Development Certification at the detailed design stage for the Stage 3B works, pending the status of the temporary basin, permanent basin and Meydan Street approved by 1839/2018/ZB.

• The top water level along the permanent basin/ creek channel in the post developed case is RL 37.4 and not RL 37.0 as shown on the concept engineering plans and the stormwater management strategy report prepared by JWP dated 21/10/2019 associated with 126/2019/ZB (as amended).

• The sag level in Monmouth Drive must be set no lower than RL 37.57 to provide a 0.17m freeboard to the above top water level as per the concept engineering plan prepared by Proust and Gardner Revision A dated October 2019 (Stage 2A).

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) Monmouth Drive Road Type:

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

Access/ Local (Design Guidelines Section 3.12)

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Pinto Street Road Type:

Access/ Local (Design Guidelines Section 3.12) Hedgewood Drive Road Type:

Access/ Local (Design Guidelines Section 3.12)

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.

b) 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:

Road Name: Formation:

(Footpath/ Carriageway/ Footpath) (m)

Terry Road Road Type:

DCP Collector Road

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

Collector (Design Guidelines Section 3.12)

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

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 8m (which may require additional pavement reconstruction in the case of a level difference as noted on the concept engineering plan prepared by Proust and Gardner Revision A dated October 2019 (Stage 2A).

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 the submitted traffic safety statement.

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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.

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.

Council has commissioned a detailed concept design for Terry Road that needs to be used in preparing the detailed design for these works. Contact Council’s Construction Engineer for a copy of this design.

c) Temporary Turning Heads

A temporary cul-de-sac turning head must be provided at the end of all roads that will be extended into adjoining properties if/ when they are developed. The cul-de-sac must have a diameter of 19m measured from the edge pavement.

A temporary turning head is required at the western end of Hedgewood Drive in Stage 3A extending into proposed lot 306 adjacent.

d) Signage and Line Marking Requirements/ Plan

A signage and line marking plan must be submitted with the detailed design. This plan needs to address street name signs and posts, regulatory signs and posts (such as no parking or give way signs), directional signs and posts (such as chevron signs), speed limit signs and posts and line marking, where required.

Thermoplastic line marking must be used for any permanent works. Any temporary line marking must be removed with a grinder once it is no longer required, it cannot be painted over.

Details for all signage and line-marking must be submitted to Council’s Construction Engineer for checking prior to works commencing. For existing public roads, signs and line marking may require separate/ specific approval from the Local Traffic Committee.

Street name signs and posts must be provided in accordance with the above documents and Council’s Standard Drawing 37.

e) Footpath Verge Formation

The grading, trimming, topsoiling and turfing of the Terry Road 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 all three local roads in accordance with the DCP and the above documents.

g) Concrete Cycleway/ Shared Path

A 2.5m wide concrete cycleway/ shared path, including access ramps at all intersections, must be provided on the western side of Terry Road fronting the subject site in accordance with the DCP and the above documents.

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h) Gutter Crossings

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

Gutter crossings are not required where roll kerb has been provided/ permitted.

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.

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 and retaining walls are limited to those locations and heights shown on the concept engineering plans prepared by Proust and Gardner Revision A dated October 2019 (Stage 2A) and Revision A dated December 2019 (Stages 3A and 3B). Where earthworks are not shown on the approved plan the topsoil within lots must not be disturbed. 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.

l) Stormwater Drainage – Temporary Works

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

m) Stormwater Drainage – Creek Outlets

Piped stormwater outlets/ connections to a natural watercourse must comply with the requirements of Council and the Natural Resources Access Regulator.

n) 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.

• Condition 52 is deleted

•

• Condition 53 is deleted

•

• Condition 59 is amended as follows:

59. Compliance with NSW Environment, Energy and Science Requirements

Where the Aboriginal Heritage Impact Permit includes conditions requiring compliance; a letter from NSW Environment, Energy and Science must be submitted confirming that all conditions have been complied with to their satisfaction.

74. 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.

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a) Dedication – New Road

The dedication of the proposed public roads must be included on the final plan in accordance with the undertaking in the Statement of Environmental Effects dated January 2020 submitted relating to dedication.

b) Easement – Temporary Public Access

A temporary public access easement must be created within proposed lot 306 in Stage 3A over the temporary cul-de-sac turning head using the “temporary public access easement”

terms included in the standard recitals.

c) 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.

d) 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.

e) Easement – Temporary Public Stormwater Drainage/ Outlet

Temporary drainage easements, minimum 5m wide and 30m long, must be created over all temporary outlets within the property or on adjoining land using the “temporary public stormwater outlet” terms included in the standard recitals.

A reduction in width down to a minimum of 2.5m is permitted for the temporary line/ outlet from the basin on Lot 35 DP 1215572 as per the condition titled “engineering works and design” included above.

f) Easement – Repairs/ Zero Lot Line Dwellings

A 900mm wide (minimum) easement for repairs is required over those lots adjacent to the zero-lot line dwellings identified on the approved plan using the “zero lot line dwellings” terms included in the standard recitals.

g) Restriction – Flood Planning Level

All lots on Hedgewood Drive and Monmouth Drive facing/ opposite the creek channel/ basin must be burdened with a restriction that refers to the flood information submitted with the development application using the “flood planning level” terms included in the standard recitals.

h) Restriction – Rainwater Tanks

All residential lots must be burdened with a restriction using the “rainwater tanks” terms included in the standard recitals.

i) Restriction – Residue Lot

Lot 207 in Stage 2A must be burdened with a restriction using the “residue lots” terms included in the standard recitals.

The terms must be amended to specifically require that this lot be further developed in conjunction with residue lot 32 created by 126/2019/ZB (as amended) to the south without exception.

j) Restriction/ Covenant – Asset Protection Zone

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All affected lots must be burdened with a restriction and a positive covenant using the

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

• Lots required to be managed as an asset protection zone require a positive covenant affecting the entire lot.

• Lots with a defined asset protection zone measured to a boundary or restricted development area (see below) require a restriction and a positive covenant that refers to an area defined on the plan.

• Lots with a defined approved dwelling footprint require a separate restriction (see above) within the nominated asset protection zone.

• The restriction and positive covenant must specifically identify that the asset protection zone referred to earlier has been determined based on a performance based solution as noted in the Rural Fire Service comments attached to this consent.

REASONS

The Panel generally agrees with the Council Officer’s report. Some of the conditions have been amended for clarity.

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The development application was notified and no submissions were received.

VOTING:

Unanimous

ITEM 2: DA 93/2020/HC – A COMMERCIAL & LIGHT INDUSTRIAL DEVELOPMENT – LOT 32 DP 268633, NO. 324 ANNANGROVE ROAD, ROUSE HILL

SPEAKERS

• Kendall Mackay, Town Planner for Applicant (DFP Planning)

• David Robertson, Cumberland Ecology

COUNCIL OFFICER’S RECOMMENDATION

The application be approved subject to conditions in the report.

PANEL’S DECISION

1. The panel accepts the proposed departure from the development standard relating to floor space ratio under clause 4.4 of The Hills Local Environmental Plan 2012 (the LEP) as it is satisfied that the applicant’s written request has adequately addressed the matters required to be demonstrated by clause 4.6 (3) of the LEP and that the development will be in the public interest because it is consistent with the objectives of

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the development standard and the objectives of the B6 Enterprise Corridor zone and SP2 Infrastructure (Local Road Widening ) zone under the LEP.

2. The development application is approved subject to the conditions in the council officer’s report amended as follows:

Condition nos. 86,113,115 and 118 and are amended as follows:

86. Section 7.11 Contribution

The following monetary contributions must be paid to Council in accordance with Section 7.11 of the Environmental Planning and Assessment Act, 1979, to provide for the increased demand for public amenities and services resulting from the development.

Payments comprise of the following:- Stage 1

The contributions above are applicable at the time this consent was issued. Please be aware that Section 7.11 contributions are updated quarterly.

Prior to payment of the above contributions, the applicant is advised to contact Council’s Development Contributions Officer on 9843 0268. Payment must be made by cheque or credit/debit card. Cash payments will not be accepted.

This condition has been imposed in accordance with Contributions Plan No 11.

113. Section 7.11 Contribution

Payments comprise of the following:

Stage 2

Development Category

Rate per add. m² of Floor Space:

5,401.4m² TOTAL S7.11

Land $ 13.10 $ 70,758.34

Capital $ 76.42 $ 412,774.99 Total $ 89.52 $ 483,533.33 Stage 1

3,429.8m² TOTAL S7.11

Land $ 13.10 $ 44,930.38

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Council’s Contributions Plans can be viewed at www.thehills.nsw.gov.au or a copy may be inspected or purchased at Council’s Administration Centre.

115. Section 7.11 Contribution

Payments comprise of the following:

Stage 3

118. Section 7.11 Contribution

Payments comprise of the following:- Stage 4

2,836.4m² TOTAL S7.11

Land $ 13.10 $ 37,156.84

3,267.2m² TOTAL S7.11

Land $ 13.10 $ 42,800.32

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Marked plans are shown in attachment 1 depicting the calculation of floor space under the contributions plans.

Condition 109 is amended as follows:

109. Registration of Drainage Easement

A 5m wide drainage easement must be created in favour of the public/ Council along the northern site boundary, prior to an Occupation Certificate being issued. The width of the drainage easement must comply with Council’s Design Guidelines Subdivisions/

Developments and the terms must nominate each lot burdened and benefited. A copy of the registered easement plan and associated documents must be submitted to Council.

Condition 111A is added under the “Stage 1” and “Prior to the issue of an Occupation Certficate” headings:

111A. Registration of Easement for Batter/ Support

A variable width easement for batter/ support in favour of Council must be created over the SP2 zoned land along the front of the subject site to accommodate the eventual reconstruction/ upgrade of Annangrove Road by Council later. The terms for an easement for batter/ support as included in Council’s standard recitals (available on Council’s website) must be used.

REASONS

The Panel generally agrees with the reasons in the Council Officer’s report together with the supplementary memo dated 17 June 2020 (regarding the Section 7.11 contribution.) In relation to the section 7.11 contribution, the Panel notes it has no power to levy a contribution other than in accordance with the Contributions Plan.

Some of the conditions have been amended for clarity.

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The development application was notified and no submissions were received.

VOTING:

Unanimous