It is estimated that the primary use of the premises will remain as a bakery cafe. The benefits and impacts of the extended opening hours are outlined in this report.
Internal Referrals
The noise measurements are background measurements taken to establish a baseline noise level to determine the impact of the proposed use. A condition is recommended to ensure that lighting on the site is designed not to cause a nuisance to other residences in the area or to motorists on nearby roads and to ensure that the quality of life of the area is not compromised by light flooding .
External Referrals - NSW Police
Not being experts in the field, we cannot understand why the readings would take place on a Friday night when the venue is closed. The proposed development is consistent with the planning principles, vision and objectives outlined in the "Hills 2026 – Looking to the Future" as the proposed development ensures satisfactory urban growth without detrimental environmental or social benefits and provides a consistent built form while respecting the streetscape and general locality .
Hours of Operation
Notification to Council
The use of the property is allowed for 6 other occasions per year until 0:00. A log must be kept of the six additional occasions.
Noise criteria
Acoustic compliance report
Noise controls
Lighting
Mechanical plant from the ground floor is proposed to be moved to the center of the roof to support services to the building. Replace windows and doors with an exterior wall for the pub's function room; and.
The amendment increases the overall height of the building by 850mm which represents a 2.35m or 19.58% variation to the 12m height limit applicable to the site.
Compliance with the development standard is unreasonable or unnecessary in the circumstances. The proposed development is in the public interest by being consistent with the objectives of the development standard (hotel height is consistent with neighboring development and streetscape and does not result in loss of amenity to neighboring properties) and land use zoning (promotes businesses along main roads with a mix of compatible uses [hotel]) as discussed above.
Issues Raised in Submissions
Many of the modifications are internal to the site and will not be visible from Windsor Road. As no objection has been raised by the NSW Heritage Council, future planning raises no objection to the proposed modification.
External Referrals
The proposed changes will not significantly alter the overall volume and scale of the development or the character of the development as viewed from Windsor Road, the main view of the heritage item. The changed design is not expected to have any adverse effect on the important eucalyptus tree.
Development in Accordance with Submitted Plans
No work (including excavation, backfilling or land reclamation) shall be undertaken prior to the issue of the Construction Certificate, where a Construction Certificate is required.
Compliance with Heritage Council of NSW Requirements
Alternative tree protection measures must be installed as required by the arborist. a) All excavations within the canopy/identified protection zone of the eucalyptus must be done by hand. An application in terms of section 60 of the Heritage Act 1977 must be submitted to and approved by the Delegate of the Heritage Council of NSW before work commences.
Provision of Parking Spaces
The new fence along Windsor Road in front of the proposed hotel is to be behind a 1.2m high screen of vegetation. Depending on the nature of the discovery, further assessment and approval may be required before work can proceed in affected areas. c) If any Aboriginal artefacts are discovered in the area during work, excavation or disturbance, the Environment Agency must stop immediately.
Section 7.12 Contribution
When excavating in fill areas, site contractors should be briefed on the site prior to commencing work, including being made aware of the possibility of Aboriginal and historic archaeological remains surviving at the site and how to address them . b) . The applicant must ensure that if substantial intact archaeological deposits and/or significant relics are discovered, work in the affected area(s) must be stopped and the Heritage Council of NSW notified.
Construction Certificate
All building work must be carried out in accordance with the provisions of the Building Code of Australia. Compliance with the requirements of the Heritage Council of NSW General Terms of Approval Ref.
Compliance with NSW Police Requirements
Unless the facilities are subject to a valid local heritage impact permit, work should not resume until approval to do so has been granted by the Environment and Heritage Office. If required, the applicant may be required to participate in Heritage Council approvals audits to confirm compliance with the terms of the consent.
Compliance with NSW Roads and Maritime Service Requirements
Signage is recommended on all fire doors to show that doors are alarmed and used only in case of emergency. If space is left between each paling, it must be of a width that limits physical access.
Tree Removal
Planting Requirements
Separate application for signs
Protection of Public Infrastructure
Vehicular Access and Parking
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
Road Opening Permit
Reflective Qualities
External Finishes
Acoustic Requirements
In particular: Noise Criteria as stated in Section 4.8 Project Specific Noise Criteria and Section 6 Noise Control Recommendations.
Construction of Garbage Room(s)
Management of Construction and/or Demolition Waste
Clause 94 Considerations
Retaining Wall Construction
The planned/future road widening area along Windsor Road shown "Y" on the plans attached to the RMS comments referred to in this permission shall be included/shown on the construction drawings to ensure that it is taken into account in connection with these works.
Service Vehicle Access/ Plan of Management
Security Bond Requirements
Be equal to the amount payable in accordance with the relevant condition;. Should the Council need to raise the security, written notice will be sent to the applicant 14 days before.
Erosion & Sediment Control Plan
Section 94A Contribution
Sydney Water Building Plan Approval
Tree Protection Fencing
Tree Protection Signage
Mulching within Tree Protection Zone
Trenching within Tree Protection Zone
Public Infrastructure Inventory Report
Traffic Control Plan
NSW Roads and Maritime Services Design Approval
Management of Building Sites – Builder’s Details
Consultation with Service Authorities
Principal Certifying Authority
Approved Temporary Closet
Stabilised Access Point
Builder and PCA Details Required
Erosion and Sedimentation Controls
Hours of Work
Survey Certificate
Compliance with Critical Stage Inspections and Other Inspections Nominated by the Principal Certifying Authority
NOTE: You are advised that inspections may only be carried out by the PCA, unless with the prior agreement of the PCA and subject to that person being an accredited certifier.
Stockpiles
Dust Control
Project Arborist
Section 73 Certificate must be submitted to the Principal Certifying Authority before the issuing of an Occupation Certificate
Landscaping Prior to Issue of 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.
Maximum Capacity Signage to be Displayed in the Premises
Maximum Capacity of Venue
Maintenance of Landscaping Works
Lighting
Final Acoustic Report
Hours of operation for Deliveries and the Collection of Waste from the Hotel Delivery of goods and the collection of waste shall be restricted to the following times;
Waste and Recycling Collection
Landscaping, associated planting and construction of retaining walls must be effectively maintained at all times and throughout the life of the development. Written proof of a valid and up-to-date collection contract must be kept on site at all times and presented in legible form to any authorized officer of the municipality who requests it.
Use of Site
The applicant's planning consultant has submitted an amended written request to amend Section 4.6 to address the concerns raised. This Supplemental Report considers the amended written Article 4.6 Amendment Request (see Appendix 2) and provides an updated assessment against The Hills Local Environmental Plan 2012 (LEP) regarding the proposed amendment.
The development application was accompanied by an amended written request to amend this development standard using clause 4.6 of the LEP and is discussed in more detail below. Each of the proposed development lots exceeds the minimum allotment size (0.4 ha) required by clause 4.1AA(3A)(d) of the LEP.
Assessing Planning Officer’s Comment
On this basis, the proposed amendment to the development standard under Article 4.1AA(3A)(c) of the LEP deserves support. The development application has been assessed in accordance with Section 4.15 of the 1979 Spatial Planning and Assessment Act, The Hills 2012 Local Environmental Plan and The Hills Development Control 2012 Management Plan.
Approved Plan
Compliance with Department of Primary Industries – Water/ Rural Fire Service/
Subdivision Certificate Preliminary Review
Australia Post Mailbox Requirements
Construction Certificate – Subdivision Works
Tree Removal
Proposed Street Naming
Process for Council Endorsement of Legal Documentation
Association Lot
Road Opening Permit
Transfer/ Dedication of Crown Road
Protection of Existing Trees and Native Vegetation
Any other waste-derived material that is the subject of an exemption for resource recovery under clause 93 of the Protection of the Environment Operations (Waste) Regulation 2014 that may be used as backfill material. All waste material obtained at the development site that is subject to an exemption for resource recovery must be accompanied by documentation demonstrating that the material meets the exemption requirements and must be provided to the Lead Certifying Authority upon request.
Management of Construction and/ or Demolition Waste
Disposal of Surplus Excavated Material
Alternate Bin Storage Area
Erosion and Sediment Control Plan
Works on Adjoining Land
Stormwater Discharge Acceptance
Engineering Works and Design
Street name signs and posts must be provided in accordance with the above documents and standard drawing 37. e) Fire lanes. Fire paths should be provided generally in accordance with the approved concept plan prepared by SEEC Revision 04 and the conditions provided by the Rural Fire Service in relation to this matter (attached).
Vegetation Management Plan
If earthworks are not shown on the approved plan, the top layer of soil within the lots must not be disturbed. k) Drainage of storm water - stream outlets. Piped stormwater drains/connections to natural watercourses must meet the requirements of the Council, Ministry of Primary Industry - Water.
Section 7.12 Contribution
All areas within the root protection zone should be mulched with composted leaf mulch to a depth of not less than 100mm. The installation of services within the root protection zone may not be performed without the prior approval of the Council.
Traffic Control Plan
The trees to be preserved must be protected during all works in strict accordance with AS4970-2009 Protection of trees on development sites.
Roads and Maritime Services Design Approval
Erection of Signage – Supervision of Subdivision Work
Contractors Details
Erosion and Sediment Control
Service Authority Consultation – Subdivision Works
Bushland Protection Fencing
Erosion and Sedimentation Controls
Critical Stage Inspections – Subdivision Works
Subdivision Earthworks – Lot Topsoil
Aboriginal Archaeological Sites or Relics
Aboriginal Heritage Impact Permit
European Sites or Relics
Working Hours
Protection of Existing Vegetation
Tree Removal and Fauna Protection
This must be carried out by a qualified and experienced arborist, under the direction of the Project Ecologist. Any injured fauna must be placed in the hands of a zookeeper (please note that only properly vaccinated staff should handle bats).
Contamination
Tree hollows must be recovered from trees that have been removed and placed in the bushland areas of the allotment(s).
Dust Control
Compliance with Department of Primary Industries – Water Requirements
Compliance with Roads and Maritime Services Requirements
Completion of Subdivision Works/ Satisfactory Final Inspection
Subdivision Works – Submission Requirements
Works such as executed plans must be prepared by a qualified engineer or registered surveyor. All piped stormwater drainage systems and ancillary structures that will become public property must be inspected by CCTV.
Performance/ Maintenance Security Bond
Confirmation of Pipe Locations
Section 73 Compliance Certificate
Provision of Electrical Services
Provision of Telecommunication Services
For non-fibre ready equipment, either an advice of agreement or a network infrastructure letter must be issued from Telstra confirming that satisfactory arrangements have been made for the provision of telecommunications services. A copy of the plans of executed works (WAE) for the telecommunications infrastructure must also be submitted.
Stormwater CCTV Recording
Demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre-ready facilities are fit for purpose; and. 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.
Public Asset Creation Summary
property development project has the meaning given by section 372Q of the Telecommunications Act 1978 (Cth). For small developments, NBN Co will issue a Provision of Telecommunications Services – Confirmation of Final Payment.
Building Adjacent to Proposed Boundary
For medium and large developments, NBN Co will issue a Certificate of Practical Completion of Developer Activities.
Building Services
Final Plan and Section 88B Instrument
Lots 3, 4 and 5 are to be encumbered with a restriction excluding access to Old Northern Road using the "restricted access" terms included in the standard considerations. h) Restriction – Rainwater management (Rural districts). Lots 3, 4 and 5 shall be subject to a restriction using the terms "classified road construction setback" included in the standard considerations. j) Restriction/Agreement – Asset Protection Zone.
Vegetation Protection – Association Lot
A right of access/easement for services is to be created over the access handle of proposed lots 4 and 5 in this plan (doubles as the fire track, which requires a separate service provision below). e) Positive Covenant – Maintenance/ Repair of Shared Driveway. A positive covenant must be placed on the title of proposed lots 4 and 5 in this plan to ensure the maintenance/repair of the shared driveway using the "maintenance/repair of shared access" provisions included in the standard considerations is included. f) Heritage Service – Fire marks.
Vegetation Management Plan (VMP) Implementation
Biodiversity Compliance
Validation Report (if applicable)
Management of Area Subject to Vegetation Management Plan (VMP)
PROJECT MANAGEMENT – WINIM PTY LTD PLANNING – WILLOWTREE PLANNING PTY LTD ARCHITECTURE/URBAN DESIGN – ROTHELOWMAN LANDSCAPE DESIGN – AECOM. THAT THE PLANNING PROPOSAL BE FORWARDED TO THE DEPARTMENT OF PLANNING AND ENVIRONMENT FOR DETERMINATION OF THE GATE.
THE SITE
There is an existing General Concept/Masterplan development approval in Box Hill North Precinct JP - issued February 2016). If changes to planning controls were to proceed, the developer would need to amend this concept/master plan with a section 4.55 (formerly section 96) variation application following completion of the proposed changes.
PLANNING PROPOSAL
The current controls will allow approximately 64,000 m2 of gross floor area within the city center (comprising residential, retail and commercial floor space - final composition subject to detailed design and development assessment). Proposed Box Hill North Town Center Indicative Layout Plan (area boundaries drawn by Council officers).
STRATEGIC CONTEXT
- Aim, Vision and
The planning proposal would not reduce the potential for commercial and retail space and would support the vitality of the future Box Hill North Town Centre. It is believed that the proposed built form (including buildings up to 8 stories high) would not be unreasonable in the context of the Box Hill North Town Centre.
DESCRIPTION OF THE PLANNING PROPOSAL
A planning proposal is sent to the Department of Planning and Environment for a Gateway Determination to amend Clause 4.1A of LEP 2012 to include a minimum lot size of 900m2 for mansions in the R3 Medium Density Residential zone. Zone R1 General Residential 1,800 square meters Zone R3 Medium Density Residential 1,800 square meters Zone R4 High Density Residential 1,800 square meters.
STRATEGIC CONTEXT Greater Sydney Region Plan
Zone R1 General Housing 1,800 square meters Zone R2 Low density housing 700 square meters Zone R3 Medium density Housing 700 square meters Zone R4 High density Housing 1,800 square meters Multi housing. Zone R1 General Residential 4,000 square meters Zone R4 High Density Residential 4,000 square meters Zone B2 Local Center 4,000 square meters Zone B4 Mixed Use 4,000 square meters.
