The proposed development does not comply with the setbacks and landscape controls of The Hills DCP 2012. There is another red ironwood tree (7 meters high) located fronting the Victoria Avenue site.
DCP Non-Compliance Assessment
DCP Non-Compliance Assessment
DCP Non-Compliance Assessment
DCP Non-Compliance Assessment
The at grade parking for the pub use is proposed to be located between two existing
The proposed pub will have a capacity of 850 patrons and will typically employ up to
The proposed development is considered to result in an overdevelopment of the subject site
3. Issues Raised in Submissions
Conciliation Conference
In accordance with the Council's DCP, a conciliation conference is required when more than 10 submissions are received during the notice period.
Internal Referrals
No objection subject to the imposition of conditions should the application be
External Referrals Transport for NSW
The Victoria Avenue/Packard Avenue intersection is located near the traffic signals on Windsor Road. In response to TfNSW's comments, the applicant's transport consultant submitted a revised transport impact assessment for the proposed development (ref: 1367r02v2 dated 01/06/2021).
Application of this rate to the Proposal’s publicly accessible GFA suggests the Site
Of concern, the report highlights that “on-street parking locations are expected to provide
The landscaping for the proposed development will not result in an acceptable outcome and
Section 4.15 1(a)(iii) of the NSW Environmental Planning and Assessment Act
ATTACHMENT 1 – LOCALITY PLAN
ATTACHMENT 2 – AERIAL PHOTOGRAPH - SITE
ATTACHMENT 3 – AERIAL PHOTOGRAPH – WIDER LOCALITY
ATTACHMENT 4 – SITE PLAN – PROPOSED DEVELOPMENT
ATTACHMENT 5 – GROUND FLOOR PLAN
Reason for Referral to LPP The development is subject to 10 or more unique
Compliance with the Hills Local Environment Plan 2019 (LEP) a. Permissibility
The relevant aims of Clause 1.2 of the LEP are
Compliance with The Hills Development Control Plan 2012 (DCP)
The proposal has been assessed against the relevant provisions of The Hills Development
For a dwelling with a gross floor
Amended Front Facade
Issues Raised in Submissions
As described in this report, the proposed development is considered satisfactory and in line with the DCP's objectives and development standards. The proposed development is considered appropriate to the low-threshold residential character of the area and the scale is in proportion to the existing development in the area.
Development in Accordance with Submitted Plans
External Finishes
Construction Certificate
Building Work to be in Accordance with BCA
5. Air Conditioner Location
Adherence to Waste Management Plan
Management of Construction and/or Demolition Waste
Commencement of Domestic Waste Service
A domestic waste service must be commenced with Council and its Contractor. The service
Provision of Domestic Waste Storage Areas
House Numbering
Section 7.11 Contribution
The contributions above are applicable at the time this consent was issued. Please be aware
Management of Building Sites
Consultation with Service Authorities
Approved Temporary Closet
Erosion and Sedimentation Controls
Stabilised Access Point
Urban Stormwater – Soils and Construction produced by the NSW Department of Housing
Details and Signage - Principal Contractor and Principal Certifier Details
Roof Water Drainage
Survey Report and Site Sketch
Deepened Edge Beam
Compliance with BASIX Certificate
Critical Stage Inspections and Inspections Nominated by the Principal Certifier Section 6.6 of the Environmental Planning and Assessment Act 1979 requires critical stage
Landscaping Works
Dust Control
Acoustics
Section 73 Certificate must be submitted to the Principal Certifier before the issuing of an Occupation Certificate
30. Maintenance of Landscaping Works
ATTACHMENT 1 – LOCALITY PLAN
ATTACHMENT 2 – AERIAL MAP
ATTACHMENT 3 – SITE PLAN
ATTACHMENT 4 – ELEVATIONS
Eastern Side Elevation
ATTACHMENT 5 – LANDSCAPE PLAN
ATTACHMENT 6 – SHADOW DIAGRAMS
ATTACHMENT 7 – PHOTOGRAPHS
91 Thomas Boulton Circuit
STRATEGY: 5.1 The Shire's natural and built environment is well managed through strategic land use and urban planning that reflects our values and aspirations.
Number Advised 1st Notification: 261
The constraints of the site have resulted in a number of engineering issues raised by
Compliance with The Hills Local Environmental Plan 2019
The Hills Local Environmental Plan 2019, which supersedes LEP 2012, commenced on 6
The following table addresses the relevant principal development standards of LEP 2012
State Environmental Planning Policy No. 55 Remediation of Land
State Environmental Planning Policy (Infrastructure) 2007
With respect to (3)(b)(iii), the proposal has been reviewed by Transport for NSW and
Compliance with The Hills Development Control Plan DCP 2012
DEVELOPMENT
Issues Raised in Submissions
The look and feel of the development in the proposed architectural plans is in stark contrast to the semi-rural area of Dural and the surrounding area. Roadworks associated with the development of the site are proposed and required as part of Phase 1.
Internal Referrals
This development application is dependent on the construction of a new road (Road 2) which will cross Old Northern Road opposite the existing junction of Franlee Road. Council should not approve this development application, which includes the construction of 'Road 2' and the new junction at Old Northern Road, until the impact on our client's existing driveway is resolved.
External Referrals Transport for NSW
The architectural plans clearly show Phase 2 and 3 in the site plans, FSR calculations and refer to the Phase 2 works on the Phase 1 plan. 486 Old Northern Road to facilitate a new driveway through the site and to the existing dwelling on the site subject to changes in grade adjacent to the site and the impact on existing access from Old Northern Road.
The application was referred to the Transport for NSW (TfNSW) (formerly known as RMS)
The developer must submit design drawings and documents relating to the excavation of the site and support structures to TfNSW for assessment, in accordance with Technical Direction GTD2012/001. Pursuant to the provisions of Section 4.15 of the Environmental Planning and Evaluation Act 1979, the application is approved as follows:-.
C. Upon compliance with the requirements of Part A1, a full consent will be issued subject
Development in Accordance with Submitted Plans (as amended)
3. Compliance with Transport for NSW Requirements
The developer is to submit all documentation at least six (6) weeks prior to
Tree Removal
Planting Requirements
All trees planted as part of the approved landscape plan for the Sydney Turpentine Forest
Protection of Existing Trees and Native Vegetation
Irrigation
Provision of Parking Spaces
Separate Development Application for Occupations
Separate application for signs
11. Amended Subdivision Plan
- Separate Application for Strata Subdivision
- Protection of Public Infrastructure
- Structures Adjacent to Piped Drainage Easements
- Requirements for Council Drainage Easements
- Vehicular Access and Parking
- Vehicular Crossing Request
- Excavation/ Anchoring Near Boundaries
- Security Bond Requirements
- Subdivision Certificate Preliminary Review
- Proposed Street Naming
- Street Trees
- Process for Council Endorsement of Legal Documentation
- Road Opening Permit
- Acoustic Requirements
A written application for street naming must be submitted to Council for approval, together with the applicable fee in accordance with Council's Schedule of Fees and Charges. A street tree planting plan demonstrating compliance with the above must be submitted for written approval before street trees are planted.
The recommendations of the Acoustic Assessment prepared by Koikas Acoustics Pty Ltd,
Control of early morning noise from trucks
Control of Noise from Trucks
Property Numbering
Ventilation for Basement Carpark
Management of Construction and/or Demolition Waste
Disposal of Surplus Excavated Material
Construction of Waste Storage Area(s)
Waste disposal areas must be adequately ventilated (mechanically if located within the building footprint). Waste storage areas must have appropriate waste and recycling signage (EPA-approved designs can be found on the NSW EPA website), mounted in a visible location on internal walls, and must be permanently maintained by the site owner(s).
Access and Loading for Waste Collection
The waste storage areas must be provided with a hose tap (hot and cold mixer), connected to a water supply. The waste storage areas should be provided with internal lighting such as automatic sensor lights.
Waste and Recycling Collection Contract
Construction Certificate
Building Work to be in Accordance with BCA
Bushfire Requirements
Notice of Requirements
Onsite Stormwater Detention – Hawkesbury River Catchment Area
Stormwater Pump/ Basement Car Park Requirements
Works in Existing Easement
Works on Adjoining Land
LOCAL PLANNING PANEL MEETING OCTOBER 20, 2021 THE HILLS SHIRE . PAGE 99 a) The OSD tank should be designed to control the runoff generated throughout the site, and the.
Security Bond – External Works
Engineering Works
PAGE 102 Road name signs and poles must be provided in accordance with the above documents and the Council's standard drawing 37. A ditched surface inlet well must be provided in the lower corner of the subject site.
Construction Management Plan – Major Subdivision Works
The design and construction of this stormwater drainage work must be provided in accordance with the Council's Subdivision/Development Planning Guidelines and Subdivision/Development Works Specifications. Once the stormwater drainage works have been completed, a works as execution plan must be prepared in accordance with Council's Subdivision/Development Planning Guidelines and submitted to Council's Civil Engineer for written approval.
Detailed Geotechnical Report/ Design and Peer Review Requirements
be equal to the amount payable under the relevant term; Should the Council have to lift the bond, the applicant will be notified in writing 14 days in advance.
Erosion and Sediment Control/ Soil and Water Management Plan
Section 7.12 Contribution
This amount must be adjusted at the time of actual payment in accordance with the terms of the Hills Section 7.12 Contribution Plan. The contribution must be paid before the issue of the Construction Certificate or Adequate Development Certificate.
Acoustic Certification prior to Construction Certificate
Attention is drawn to the fact that the maximum percentage of the charge for development in accordance with § 7.12 of the Act with a proposed construction sum is within the range indicated in the table below.
Shopping Trolley Management
Tree Protection Signage
Mulching within Tree Protection Zone
Trenching within Tree Protection Zone
Project Ecologist
Health must be notified in writing of the reason for the change and the details of the new Project Ecologist within 7 days.
Engagement of a Project Arborist
Tree Removal & Fauna Protection
Property Condition Report – Public Assets
Property Condition Report – Public Assets
Erosion and Sediment Control/ Soil and Water Management
Dust Management Plan – Major Subdivision Works
A community engagement plan and complaints management system that shows how dust complaints will be received, recorded, resolved and responded to. How dust management controls will be regularly monitored, reviewed and audited to ensure their continued effectiveness.
Traffic Control Plan
Property Condition Report – Private Assets
Service Authority Consultation – Subdivision Works
Transport for NSW Design Approval
Pavement Design
Erection of Signage – Supervision of Subdivision Works
Name and telephone number (including after hours) of the person responsible for performing the works; Under the Planning and Environmental Assessment Act 1979, only the Council can issue a Subdivision Certificate which means that only the Council can be appointed as the Lead Certifier for subdivision works.
Contractors Details - Subdivision Works
This signage must be maintained while the subdivision work is being carried out and must be removed on completion.
Construction Noise and Vibration Plan
Construction Waste Management Plan Required
Details and Signage - Principal Contractor and Principal Certifier Details
Approved Temporary Closet
Placing appropriate fencing or other measures to restrict public access to the site and construction work, materials or equipment when construction work is not in progress or the site is otherwise unoccupied. Placing a sign in a prominent location stating that unauthorized entry to the location is not permitted and providing a name and telephone number for after-hours contact.
Dilapidation Survey
Critical Stage Inspections – Subdivision Works
Subdivision Earthworks – Lot Topsoil
Working Hours
Rock Breaking Noise
Dust Control
Dust screens must be erected around the perimeter of the site and maintained in good condition for the duration of the construction;. All stock of materials likely to generate dust must be kept damp or covered.
Tree Removal & Fauna Protection
All dusty surfaces must be wetted and suppressed using a fine water spray.
Protection of Existing Vegetation
Project Arborist
Aboriginal Archaeological Sites or Relics
European Sites or Relics
Contamination – Soil waste disposal
PAGE 113 and submitted as part of the development application must be implemented as part of this approval. Findings should be provided to the Lead Certifying Authority and any recommendations implemented.
Contamination
For soil identified as not VENM to be scraped back to a depth of approximately 0.4m.
Constriction Noise and Vibration
Acoustic compliance
Critical Stage Inspections and Inspections Nominated by the Principal Certifier Section 6.6 of the Environmental Planning and Assessment Act 1979 requires critical stage
Provision of Electricity Services
The submission of a Certificate of Conformity from the relevant telecommunications provider, authorized under the Telecommunications Act, confirming that satisfactory arrangements have been made for the provision of or movement of telecommunications services, including telecommunications cables and associated infrastructure. This includes laying aerial telecommunications lines and cables underground if required by the relevant telecommunications company.
Landscaping Prior to Issue of any Occupation Certificate
Completion of Engineering Works
Property Condition Report – Public Assets
Public Road/ Road Widening Dedication
If the Council is not the lead certifier, a copy of the above documentation must be submitted to the Council. Arrangements for the separation of recyclable materials and waste should be made in all areas of development.
Biodiversity Conservation Act 2016
PAGE 164 On 16 June 2021, further changes to the Biodiversity Development Assessment Report and Arborist Report were requested. The proposed development seeks to enter into the Biodiversity Compensation Scheme to offset the impacts of Blue Gum High Forest and Narrow-leaved Black Peppermint.
State Environmental Planning Policy No. 55 – Remediation of Land
PAGE 166 The Biodiversity Development Assessment Report submitted as part of this application, which describes the requirements of the Biodiversity Assessment Method and the Biodiversity Offset Scheme, has been reviewed by the Council's Environment Group. Consent conditions were imposed on biodiversity offset claims; which stipulates that offset credits must be withdrawn prior to each clearing of vegetation.
The proposed development will comply with clause 7.3 of the BCA Act after the withdrawal of these loans. The proposed earthworks have been considered as part of the assessment of the application by Council staff.
The Hills Development Control Plan 2012
The applicant has requested a change to Control 2.13.1 point (c) of the DCP regarding the minimum lot depth requirements. The applicant has requested an amendment to Control 2.13.2 point (a) of the DCP regarding the minimum construction platform requirements.
Issues Raised in Submissions
It was feared that construction of the development would affect access to adjacent properties. Concerns have been raised that the noise generated by the construction of the proposed development will affect adjacent properties.
External Referrals
Based on amended plans and additional information submitted during the assessment, there are no outstanding issues/objections subject to a deferred commencement and conditions included below. The proposed development is consistent with the planning principles, vision and objectives outlined in Hills 2026 – Looking Towards the Future as the proposed development provides for satisfactory urban growth without negative environmental or social amenity impacts and ensures a consistent built form in terms of streetscape and general locality.
Deferred Commencement – Road Closure
The building platforms for lots 1, 9 and 14 must have a setback of 6 m to the secondary frontage; as indicated by the backlash key on the plan of constraints. However, the building platforms do not illustrate a 6 m setback and must be updated as part of the Subdivision Certificate/final plan as conditioned below.
Compliance with Integrated Development/ Concurrence Referrals
LOCAL PLANNING PANEL MEETING 20 OCTOBER 2021 THE HILLS SHIRE .. PAGE 177 a) Reference to phase one should be removed from both plans.
Subdivision Certificate Preliminary Review
Street Trees
Tree Removal
Protection of Public Infrastructure
Minor Engineering Works
All unused landings and paths should be removed and replaced with curb and gutter along with restoration and turfing of the adjacent path edge area. Service conduits are required for each of the proposed new lots, located in full compliance with the requirements of the appropriate service authority.
Approved Street Naming
PAGE 178 The design and construction of the engineering works listed below must be provided in accordance with the Council's Design Guidelines Subdivisions/Developments and Building Specifications Subdivisions/Developments. A 1.2m wide concrete footpath, including access ramps at all intersections, shall be provided across the street frontage of the construction site, transitioning into the existing adjacent footpath in accordance with the above documents.
Subdivision Works Approval
If the subdivision/development necessitates the installation or upgrading of utility services or other works on the council's land beyond the immediate road frontage in the development area, and these works are not covered by a subdivision works certificate issued by the Council pursuant to this permit, a separate road must be applied for opening permit and the works must be inspected by the Council's maintenance team. Contact the municipality's building engineer if it is unclear whether a separate road opening permit is required.
Demolition Notification
Demolition Inspections (Subdivision Applications)
Contamination Assessment and Site Remediation
Imported Waste Derived Fill Material
Tree Removal on Public Land
The contractor is responsible for instructing subcontractors or service providers of this requirement. The grass verge must be repaired with any holes filled to existing natural ground level.
Management of Construction and/ or Demolition Waste
Disposal of Surplus Excavated Material
Security Bond – Road Pavement and Public Asset Protection
The above amount is calculated at the per square meter rate set out by the Council's Schedule of Fees and Charges, with the area calculated based on the road frontage in the area concerned plus an additional 50m on each side (275m) multiplied by the width of the road (10m) but reduced to be commensurate with the extent/scope of the work. If the cost of restoring a damage exceeds the value of the deposit, the municipality will undertake the work and issue an invoice for the recovery of these costs.
Security Bond – External Works
PAGE 181 In accordance with Section 4.17(6) of the 1979 Land Planning and Assessment Act, a bond must be filed with the Council to protect the road surface and other public assets in the vicinity of the site during construction guarantee works. The bond is repayable upon written application to the Council and is subject to restoration of all work to the satisfaction of the Council.
Engineering Works
Street name signs and posts shall be provided in accordance with the above documents and Council's standard drawing 37. d) Path edge formation. A storm water drainage pipe supply shall be provided for the entire area of each lot.
Security Bond Requirements
Each batch shall be graded evenly to the lowest point where an entrance pit shall be provided with a grated surface. Note that OSD is required for future batches as stipulated later.
Erosion and Sediment Control/ Soil and Water Management Plan
PAGE 184 The stormwater concept plan prepared by GDS, Project P00365, Drawing 300, Revision F, dated is for development purposes only and must not be used for construction. k) Middle garden Storm water drainage. Where on-site stormwater detention is required, there shall be a minimum level difference of 800 mm measured between the surface level and the outlet pipe invert.
Biodiversity Offsetting Requirements
PAGE 185 In order to offset the loss of biodiversity from the site from the development, the following ecosystem and species credits listed in the tables below must be withdrawn prior to any clearing of vegetation. A pension certificate from the NSW Department of Planning, Industry and Environment and/or statement confirming payment to the Biodiversity Conservation Trust from.
Construction Management Plan
Road Safety Audit for Oratava Avenue
Design and Construction of Kerb and Gutter
Pursuant to section 4.17 (1) of the Planning and Environmental Assessment Act 1979 and Section 7.12 Hills Contribution Plan, a contribution will be paid to the Council. A property condition report should be prepared and submitted to Council recording the condition of all public assets in the immediate vicinity of the development site.
Dust Management Plan – Major Subdivision Works
This includes, but is not limited to, the road in front of the site along with any access roads used by heavy vehicles. If there is any uncertainty as to the necessary scope of this report, it should be clarified with the Council before work begins.
Traffic Control Plan
Weather forecasting Systems to predict adverse weather conditions and allow for early action for dust management and to avoid dust generating activities when weather conditions are adverse.
Erection of Signage – Supervision of Subdivision Work
Contractors Details
Erosion and Sediment Control/ Soil and Water Management
Property Condition Report – Private Assets
Service Authority Consultation – Subdivision Works
Pavement Design
Notification of Asbestos Removal
Engagement of a Project Arborist
Demolition Works and Asbestos Management
Discontinuation of Domestic Waste Services
Construction and Demolition Waste Management Plan Required
Critical Stage Inspections – Subdivision Works
Subdivision Earthworks – Lot Topsoil
Aboriginal Archaeological Sites or Relics
Aboriginal Heritage Impact Permit
European Sites or Relics
All work must be limited to 7:00 a.m. to 5:00 p.m., Monday through Saturday. Upon receipt of a reasonable complaint regarding local traffic impacts arising from roadworks carried out on existing public roads, such roadworks will be restricted to the hours between 9.00am and 3.00pm, Monday to Friday, or as directed by Council staff .
Asbestos Removal
Requests to carry out roadworks on existing public roads at night to avoid impacts to local traffic will also be considered on a site-by-site basis and must be approved in writing by the Township Manager - Subdivision and Development Certification.
Removal of Septic Tank and Effluent Disposal Area
Contamination
Contamination – Remedial Action Plan
PAGE 192 a) Evaluation of the soils under the post-demolition site features (for example dwellings and sheds) and areas that were inaccessible during the Phase 2 contamination assessment.
Completion of Subdivision Works/ Satisfactory Final Inspection
Subdivision Works – Submission Requirements
Performance/ Maintenance Security Bond
PAGE 193 A performance/maintenance bond of 5% of the total cost of the subdivision works must 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.
Confirmation of Pipe Locations
The bond is redeemable upon written application to the Board and is subject to a final inspection.
Section 73 Compliance Certificate
Provision of Electrical Services
Building Adjacent to Proposed Boundary
Building Services
Property Condition Report – Private Assets
Provision of Telecommunication Services
PAGE 194 For facilities that are not fiber ready, either an agreement advice or network infrastructure letter must be issued by Telstra confirming that satisfactory arrangements have been made for the provision of telecommunications services. A copy of the works as executed (WAE) plans for the telecommunications infrastructure must also be submitted.
Final Plan and Section 88B Instrument
Subdivision Certificate Application
Site/ Lot Classification Report – Vacant Residential Lots
Validation Report
This includes the undergrounding of existing overhead services, unless the Council has granted a specific exception in writing.
Compliance with Rural Fire Service Requirements
LOCAL PLANNING PANEL MEETING OCTOBER 20, 2021 THE HILLS SHIRE .. PAGE 195 a) The degree of contamination originally present;.
