The proposed development is in accordance with the above objectives in that: it will provide retail and office/business uses that will meet the needs of people who live, work and visit the local area.;. it will provide employment opportunities in the town centre, accessible by public transport;. the retail and office space is located in a town center and will encourage the use of public transport, walking and cycling; and. the development is of an appropriate scale for the North Kellyville center will contribute to the vibrancy of the local center by providing land retail to activate the street frontage and office space for local employment opportunities. Development consents have already been issued for the remainder of the B2 zoned land within the Local centre.
Issues Raised in Submission
The shape of the buildings in the local center will be urban and compact in character with no front or side setbacks. The SEE must refer to the current contaminated state of the country, by including a baseline (phase 1) or detailed (phase 2) environmental assessment report.
Development in Accordance with Submitted Plans
The proposed development is consistent with the planning principles, vision and objectives set out in "Hills 2026 - Looking to the Future" as the proposed development provides satisfactory urban growth without detrimental environmental or social impacts and ensures a consistent built environment form with respect to the streetscape and the neighbourhood. External finishes and colors must be in accordance with the details submitted with the development application and approved with this permission.
Compliance with NSW Police Force Requirements
Planting Requirements
Protection of Public Infrastructure
Vehicular Access and Parking
All driveways and car parking areas shall be separated from landscaped areas by a low level concrete curb or wall. All roads and car park areas must be graded, collected and drained by pits and pipes to a suitable legal discharge point.
Minor Engineering Works
The entire site must be leveled, collected and drained through pits and pipes to an appropriate legal discharge point. f) Water-sensitive urban development elements. The design should be guided, informed and supported by detailed water quality and quantity modelling.
Excavation/ Anchoring Near Boundaries
The detailed plans must be suitable for construction and contain detailed and representative longitudinal and cross-sections of the proposed infrastructure. Information demonstrating compliance with the above must be submitted to the primary certifying authority and included as part of any building or business certificate issued.
Street Trees
A plan must be prepared, together with all associated structural details and certification, identifying the location and number of proposed anchors.
Road Opening Permit
Construction Certificate
Building Work to be in Accordance with BCA
Contamination
Litter Control
Acoustic Requirements
Development applications for prospective residents prepared and submitted to Council with noise assessments to demonstrate compliance with approval conditions.
Adherence to Waste Management Plan
Construction of Garbage Storage Area
Management of Construction and/or Demolition Waste
Disposal of Surplus Excavated Material
Receipts for all waste/recycling fees must be kept on site at all times and presented in a legible form to any authorized officer of the Council who asks to see them.
Property Numbering
Separate application for signs
Separate Development Application for Occupations
Waste and Recycling Collection Contract
Section 7.12 Contribution
Special Infrastructure Contribution – Growth Centres
Onsite Stormwater Detention
The system must be connected to the on-site stormwater detention system before the runoff is discharged to the street (or other legal discharge point) along with the remaining on-site runoff under the influence of gravity. All plans, calculations, hydraulic details and manufacturer's specifications for the pump must be submitted with a certificate from the designer confirming compliance with the above requirements.
Security Bond – Road Pavement and Public Asset Protection
Security Bond Requirements
Landscape Plan - Irrigation
Erosion & Sediment Control Plan
A building plan approval must be obtained from Sydney Water Tap in™ to ensure that the approved development will not impact on Sydney Water infrastructure. A copy of the building plan approval and receipt from Sydney Water Tap in™ (if not already provided) must be submitted to the Chief Certifying Authority on request before works commence.
Separate OSD Detailed Design Approval
For guidance on preparing the Plan refer to 'Managing Urban Stormwater Lands and Construction' produced by the NSW Department of Housing). Please refer to the website http://www.sydneywater.com.au/tapin/index.htm, Sydney Water Tap in™, or telephone 13 20 92.
Public Infrastructure Inventory Report
Traffic Control Plan
Adjoining Property Dilapidation Report
Management of Building Sites – Builder’s Details
In the case of a privately certified development, the name and contact number of the Chief Certification Authority.
Consultation with Service Authorities
Principal Certifying Authority
Approved Temporary Closet
Stabilised Access Point
Builder and PCA Details Required
Erosion and Sedimentation Controls
Site Water Management Plan
Erosion & Sediment Control Plan Kept on Site
Standard of Works
Hours of Work
Roof Water Drainage
Survey Report and Site Sketch
Compliance with Critical Stage Inspections and Inspections Nominated by the PCA Section 6.5 of the Environmental Planning and Assessment Act 1979 requires critical stage
Stockpiles
Dust Control
Upon receipt of a justified complaint relating to noise pollution arising from rock breaking as part of the excavation and construction processes, rock breaking will be restricted to between the hours of 09:00 to 15:00, Monday to Friday. Details of noise mitigation measures and likely duration of the activity will also be required to be submitted to Council's Manager - Environment and Health within seven (7) days of receipt of notice from Council.
Construction Noise
Contamination
Section 73 Certificate must be submitted to the Principal Certifying Authority before the issuing of an Occupation Certificate
Landscaping Prior to Issue of any Occupation Certificate
Completion of Engineering Works
Before an occupation certificate is issued, an updated public infrastructure inventory report must be prepared and submitted to the Council. The updated report shall identify any damage to public assets and remedies for Council approval.
Pump System Certification
OSD System Certification
Creation of Restrictions/ Positive Covenants
Registration of Subdivision
Adjoining Property Dilapidation Report Post Construction
A regulated system must be registered with Council by submitting a Regulated Cooling/Hot Water Systems Registration Application available on Council's website www.thehills.nsw.gov.au prior to commencement of operation.
Acoustic Compliance Report
Lighting
Final Acoustic Report
Hours of operation of the loading dock
The use of the installed premises and/or hardware must not create offensive noise that would disturb the amenity of neighboring properties. If an objectionable noise complaint is received and investigated by Council staff, an acoustic assessment must be carried out (by a suitably qualified consultant) and an acoustic report submitted to the Council Manager - Environment and Health for review.
Waste and Recycling Management
Servicing of Bins
Waste and Recycling Collection
Operational Noise Level Limits – Across entire site
A controlled outlet on the downstream side of the main basin that restricts stormwater runoff into Cataract Creek to the north. A total of eight temporary sediment basins, one adjacent to the west basin, three around the main lake, two within the south basin and two along the spur exit south of Red Gables Road.
Environmental Planning And Assessment Regulation 2000
Comments from both Water NSW and the Natural Resources Access Regulator have been sought and obtained as part of the review of the development application, as discussed in more detail later in the report. After the advertising period for the development application expired, the matter was referred to the Department of Planning and Environment, who responded by advising that they had reviewed the submissions, noting that there are no issues of state or regional concern that apply , and with the request that the terms and conditions of approval from the Natural Resources Access Regulator be included as part of any approval granted by the Council.
Water Management Act 2000
They also pointed out the relevant section of the Water Management Act 2000 to the Council and the applicant, being section 60A Taking water without, or otherwise as authorized by, an access licence, section 60B Breach of terms and conditions of access licence, section 60C Taking water for which there is no, or insufficient, water allocation and section 60D Take water other than through or from a water supply work or withdrawal point nominated in access licence. It should also be noted that the "recreational function" component of the lake referred to in the correspondence from Water NSW no longer forms part of the development application and is in no way supported by Council staff, as per the recommended conditions attached hereto is. report.
Dam Safety Act 1978
State Environmental Planning Policy (Infrastructure) 2007
The proposal therefore does not require a referral to road and maritime services within the framework of the SEPP infrastructure. However, he was deployed to road and maritime services as requested by SEARs.
Threatened Species Conversation Act 1995
The development application has been assessed in this regard and deemed to be consistent with the Master Plan. Under the SEAR and the conditions of the approved master plan, compliance with the species impact statement is required between works.
Notwithstanding this, all biodiversity matters relating to the subject area and development application have previously been adequately addressed and can be enforced by complying with a species impact statement as included as part of the recommended conditions incorporated later herein the report. All significant biodiversity matters relating to this proposal were previously approved as part of the Master Plan, with the Environment and Heritage Office giving its consent through a species impact statement prepared under the Endangered Species Act. in 1995.
State Environmental Planning Policy No 55 – Remediation of Land
Further, Council's Environment and Health Team has specifically considered this matter in terms of compliance with the Species Impact Statement and accompanying Masterplan and has confirmed that the required offset areas are proposed to be provided and are appropriately located. Although comments on the proposal from the Office of Environment and Heritage in relation to biodiversity would be ideal (noting in particular that they provided input to the SEARs to the Department of Planning and Environment), their endorsement is not required until the development application is determined.
There are no major development standards included in Part 4 of the LEP relevant to the development application; noting again that the proposal concerns development works specifically aimed at facilitating the eventual development of the site concerned in accordance with the zone objectives. In accordance with the SEARs and the terms of the approved master plan, compliance with the AHIP is required during works.
The Hills Development Control Plan 2012
Subject to the recommended conditions below requiring further changes leading to construction, the technical reports and concept design details set out above are considered acceptable with respect to clause 7.3 of the LEP. Subject to the recommended conditions below requiring further changes leading to construction, the technical reports and concept design details set out above are deemed acceptable in relation to clause 2.11 of the DCP.
Planning Agreement
However, this is consistent with dedication dates and/or events listed in Schedule 1 of the Planning Agreement. The planning agreement requires the workers in Area E before 3,500 lots are created, while the workers in Area C are required in connection with the planned development of the residential area adjacent to the creek corridor.
Issues Raised in Submissions
The development application provides for all 12 of the water cycle control points mentioned above, noting that there are more than two rain gardens. This objection stems from concerns with construction impacts on surrounding land as a result of works associated with the development more widely to date, mostly in Precinct H and along Janpieter Road (which is now complete).
Internal Referrals
The relevant recommended conditions requiring these existing management plans and practices to be continued and upgraded as part of the proposed development works are included below. Implementation of most stormwater management functions (water quality retention and treatment) to facilitate the wider development subject to the Master Plan.
External Referrals
This is included as part of the recommended conditions later in this report. The development application was referred to the Environmental Protection Authority as recommended in the SEARs.
Compliance with Master Plan
That the Local Planning Panel as consenting authority under section 4.16 of the Environmental Planning and Assessment Act 1979 consents to development application 1824/2017/ZB for development works involving bulk earthworks, creek rehabilitation and a series of detention basins comprising an in-line lake/ prescribed dam under the conditions below.
Planning Agreement
Parks/ Bushland Maintenance Handover
Primary or Secondary Contact
Scope/ Separate Approvals Required
The planned road crossings (bridges) at Red Gables Road, Fontana Drive, Valletta Drive and Chadwick Drive. The landscaping, beautification, use and maintenance of the RE1 Public Recreation zoned around the lake (including the interface with the planned town center between the lake and Red Gables Road further south).
Stormwater and Waterways Requirements
On the upstream/lake side, the rock armor must be extended past the standing water level and keyed in (similar to the downstream side). The data used in the model must be consistent with the design detail to be disclosed: .. k) The two precinct D border crossings (BdyCulV9a and BdyCulV9b).
Compliance with Office of Environment and Heritage Requirements/ AHIP
In the same section, the statement is qualified with further clarification, such as stating that the downstream impacts for the purposes of this sensitivity analysis are the difference in flood levels between the final developed zero-blockage case and the existing zero-blockage case. Further explanation is required in this regard. g) Figures A3 and A5 – Rise in sea level must be explained.
Compliance with Natural Resources Access Regulator Requirements
Compliance with Rural Fire Service Requirements
Compliance with Roads and Maritime Services Requirements
Compliance with Water NSW Requirements
Construction Certificate – Subdivision Works
Process for Council Endorsement of Legal Documentation
Water Sensitive Urban Design Handover Process
All constructed WSUD elements within public areas, being roads or drainage reserves, must be transferred to Council at the end of the project. The developer will be responsible for maintaining the item for a specified maintenance period agreed to by the Council.
Road Opening Permit
Protection of Public Infrastructure
Imported ‘Waste Derived’ Fill Material
Dam Dewatering Requirements
Acoustic Requirements
Contamination
Contamination Assessment and Site Remediation
Adherence to Waste Management Plan
Management of Construction and/ or Demolition Waste
Disposal of Surplus Excavated Material
Engineering Works and Design
If earthworks are not shown on the approved plan, the top layer of soil within the lots must not be disturbed.
Dams Safety Committee – Separate Approval Needed
Security Bond Requirements
Be equal to the amount to be paid in accordance with the relevant condition;. If the Council must lift the security bond, written notice will be sent to the applicant 14 days in advance.
Security Bond – Road Pavement and Public Asset Protection
Controlled Activity Authority – Department of Primary Industries - Water
Works on Adjoining Land
Soil and Water Management Plan
Construction Management Plan
Vegetation Management Plan
The plan must be prepared by a suitably qualified and experienced ecological consultant with relevant experience in flora and fauna survey and rescue. The person preparing and approving the plan must have the appropriate accreditation to do so.
Erection of Signage – Supervision of Subdivision Work
The Fauna Action Plan should contain appropriate details for pre-screening and fauna protection, rescue and relocation relevant to each area. If there are changes to the plan, they must be submitted to the Council before implementation.
Contractors Details
Prior to the issue of the Construction Certificate, a Wildlife Action Plan is submitted for written approval to the Council's Manager – Environment and Health.
Erosion and Sediment Control/ Soil and Water Management
Public Infrastructure Inventory Report
Service Authority Consultation – Subdivision Works
Soil and Water Management
Erosion and Sediment Control Plan Kept on Site
Dust Management Plan
Covering stocks with rubber fabrics or vegetation should also be considered where justified by the duration of the stock. Community engagement plan and complaint management system that demonstrates how dust complaints will be received, recorded, resolved and responded to.
Demolition Works and Asbestos Management
Weather forecasting systems to predict adverse weather conditions and enable early action to manage dust and prevent dust-causing activities when weather conditions are adverse. The plan must also show how dust management controls will be regularly monitored, reviewed and revised to ensure their continued effectiveness.
Discontinuation of Domestic Waste Services
Control of dust at the source, such as machine-mounted sprinklers, ground-mounted water cannons where material is excavated, loaded and deposited, and measures to ensure loads are covered. Stock management such as location, orientation, volume and height should be carefully considered to minimize impacts on neighboring properties.
Standard of Works
Critical Stage Inspections – Subdivision Works
Subdivision Earthworks – Lot Topsoil
Aboriginal Archaeological Sites or Relics
Aboriginal Heritage Impact Permit
European Sites or Relics
Working Hours
Lighting
Construction Noise
The existing underground wastewater storage and all associated wastewater infrastructure must be removed and backfilled with excavated natural material (ENM). Any redundant septic tank, sump or aerated wastewater treatment system must be disposed of or reused in accordance with NSW Health' Advisory Note 3 - Revised January 2017 - Destruction, disposal or reuse of septic tanks, collection sumps and aerated wastewater treatment systems (AWTS) and other wastewater management facilities (SMF)”.
Contamination
Stockpiles
Dust Control
Tree Removal and Fauna Protection
PAGE 104 In addition to the above, the procedures within the approved Fauna Action Plan must be followed and adhered to at all times.
Dam Decommissioning – Ecology Requirements
Public Infrastructure Inventory Report - Post Construction
Completion of Subdivision Works/ Satisfactory Final Inspection
Subdivision Works – Submission Requirements
A letter from the Department of Primary Industries - Water must be submitted confirming that all work related to the Controlled Activity Authority has been completed to their satisfaction.
Performance/ Maintenance Security Bond
Section 73 Compliance Certificate
Provision of Electrical Services
Provision of Telecommunication Services
A Certificate of Practical Completion may not be issued prior to the completion of elements of the WSUD previously conditioned upon this consent. Certificate of Structural Adequacy from a suitably qualified structural engineer certifying that any structural element of the WSUD system is structurally sound and capable of carrying all loads that may be imposed during their lifetime.
Validation Report
Biodiversity Compliance
Vegetation Management Plan (VMP) Implementation
Management of Area Subject to Vegetation Management Plan
The development application proposes a variation of the development standard in relation to the minimum required density for the area as set out in the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 - Appendix 11 Hills Growth Center Area Plan (SEPP). PAGE 123 The subject site has an area of 37,270m2 and is located on land designated as R2 low density residential development under the State Environmental Planning Policy (Growth Centers in the Sydney Region) 2006.
Determine that the objectives of the development standard are achieved regardless of non-compliance with the standard. That the objectives of the development standard are achieved regardless of non-compliance with the standard.
Draft North West Priority Growth Area Land Use and Infrastructure Implementation Plan
On this basis, the proposal is considered to be in accordance with the provisions of point 5.10 of the SEPP. A Native Heritage Due Diligence Assessment was submitted with the application as the site is identified as a low to medium Aboriginal archaeological site.
Internal Referrals
7.2 – Aboriginal Heritage (5) Areas of moderate archaeological sensitivity, as shown in Figure 53, warrant an Aboriginal archaeological due diligence assessment. The application has been referred to the RFS who issued their General Terms of Approval without any specific conditions.
External Referrals Integrated Development
While a change is proposed in relation to the minimum density development standard specified in the SEPP, draft SEPP and DCP, the written request of Clause 4.6 of the applicant to change the development standard is considered to be properly made and well founded. That the Local Planning Panel as consent authority pursuant to section 4.16 of the Planning and Environmental Assessment Act 1979 consent to Development Application 1249/2018/ZB for a subdivision creating 33 residential lots and a remainder including the alteration of the new road, demolition and one according to a development standard (minimum density), subject to the following conditions.
Street Naming
Before any works are carried out, a Construction Certificate must be obtained and a Chief Certifying Authority appointed. The plans and associated information submitted with the Construction Certificate must comply with the conditions included in this consent.
Street Trees
Under the Environmental Planning and Assessment Act 1979, only the council can issue a certificate of subdivision, meaning that only the council can be appointed as the main approval authority for subdivision works.
Recycled Water – Rouse Hill/ Sydney Water
Road Opening Permit
Compliance with TransGrid Requirements
Before submitting an application for a Subdivision Certificate, a draft copy of the final plan, administration sheet and section 88B instrument (where included) must be submitted to demonstrate that all conditions have been met. Street addresses for lots within this subdivision will be allocated as part of this preliminary screening process, to be included on the administration sheet.
Process for Council Endorsement of Legal Documentation
Tree Removal and Fauna Protection
Contamination Assessment and Site Remediation
Dam Dewatering Requirements
Tree Removal
Management of Construction Waste
Disposal of Surplus Excavated Material
Erosion and Sediment Control/ Soil and Water Management Plan
Construction Management Plan
Works on Adjoining Land
Engineering Works and Design
The reverse/one-way intersection for Edwards Road shown on the concept layout plan is to be replaced with a two-way intersection and a crown in the center of the (final/future) carriageway. A cul-de-sac must exist at the end of all cul-de-sacs/cul-de-sacs.
Traffic Control Plan
Erection of Signage – Supervision of Subdivision Work
Contractors Details
Erosion and Sediment Control/ Soil and Water Management
Service Authority Consultation – Subdivision Works
PAGE 147 Provision of telecommunications services to the non-residual lots created by the subdivision, which typically requires the installation of pits and pipes that meet the standard specifications for NBN Co power at the time of installation. The Telecommunications Act 1978 (Cth) specifies where the roll-out of optical fiber and the installation of fibre-ready facilities is required.
Pavement Design
Protection of Existing Trees
Waste Management Details Required
This includes the undergrounding of existing overhead services, except where a specific written exemption has been granted by the Council. The subdivision works must be inspected by the Council in accordance with the schedule included in the Council's Works Specification Subdivisions/ Developments.
Subdivision Earthworks – Lot Topsoil
Aboriginal Archaeological Sites or Relics
Aboriginal Heritage Impact Permit
European Sites or Relics
Working Hours
Removal of Septic Tank and Effluent Disposal Area
Contamination
PAGE 149 must be notified, and a pollution investigation of the site must be carried out in accordance with the State's Environmental Planning Policy 55 – Cleanup of land. The report must be submitted to the Council's manager - Environment and Health for review before work begins on site.
Dam Decommissioning – Fauna Requirements
Completion of Subdivision Works/ Satisfactory Final Inspection
Once the subdivision works have been completed, the following documentation (where relevant/ . required) must be prepared in accordance with the Council's Design Guidelines Subdivisions/. The works as executed plans must be prepared by a suitably qualified engineer or registered surveyor.
Performance/ Maintenance Security Bond
All stormwater drainage systems through pipes and associated structures that become public property must be inspected by CCTV.
Confirmation of Pipe Locations
Section 73 Compliance Certificate
Provision of Electrical Services
The provision of fixed line telecommunications infrastructure in the fiber ready facilities to all individual plots and/or sites in a real estate development project demonstrated by an agreement with a carrier. For facilities that are not fiber ready, either an agreement advice or a network infrastructure letter must be issued by Telstra confirming that satisfactory arrangements have been made for the provision of telecommunications services.
Site/ Lot Classification Report – Vacant Residential Lots
Installation of fibre-ready facilities to all individual plots and/or premises in a property development project so that fiber can be easily connected to premises that are being or may be constructed on those plots. Demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre-ready facilities are fit for purpose; and.
Final Plan and Section 88B Instrument
All residential lots must be charged with a restriction using the terms "rainwater tanks" included in the standard considerations. i) Limitation – Stock Lot. Plots INSERT must be charged with a constraint referencing the acoustics report submitted with the development application using the terms "acoustic requirements" included in the standard considerations. m) Restriction/Covenant – Acoustic treatment.
Security Bond – Temporary Turning Head
A right of access/service easement should be created over the access handle of proposed lots 1 and 4, 9 and 10, 15 and 16 and 27 and 28. f) Positive Covenant – Maintenance/Repair of Common Road .. maintenance /repair shared access terms” included in the standard recitals. g) Restriction - Access Restricted. Anywhere else in the building (except garage, kitchen, bathroom or hallway)—40 dB(A) at all times.
Validation Report
PAGE 153 This connection is not required if the temporary dead-end head does not need to be built.
Connection to the Sewer of the Original House
Acoustic Treatment for Dwellings
Boundary Fencing – Edwards Road
Subdivision Certificate Application
The Sales and Information Center was formerly used as part of the Rouse Hill Regional Center real estate sale. The Sales and Information Center was on hand to support the sales and marketing of the residential development within the Rouse Hill Regional Centre.
SEPP 55 – Remediation of Land
Remove the garage along the west side of dwelling 1 and enlarge the garage along the east side to become a tandem garage.
Background to the Proposal
