PAGE 1 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 21 MARCH 2017:
PRESENT
Cameron McKenzie Group Manager – Environment & Planning (Chair) Paul Osborne Manager – Development Assessment
Andrew Brooks Manager – Subdivision & Development Certification Mark Colburt Manager – Environment & Health
Craig Woods Manager – Regulatory Services Brent Woodhams Forward Planning Co-ordinator Kristine McKenzie Principal Executive Planner
APOLOGIES
Stewart Seale Manager – Forward Planning
TIME OF COMMENCEMENT 8:30am
TIME OF COMPLETION 9:06am
ITEM-1 CONFIRMATION OF MINUTES
RESOLUTION
The Minutes of the Development Assessment Unit Meeting of Council held on 14 March 2017 be confirmed.
ITEM-2 DA NO. 1544/2016/LD/A - SECTION 96 1(A) MODIFICATION TO AN APPROVED TWO STOREY DWELLING AND A FRONT FENCE - LOT 104 DP 1192768 - 58 MALONGA AVENUE, KELLYVILLE
RESOLUTION
The Section 96(1A) Modification Application be approved subject to the following conditions of consent.
GENERAL MATTERS
1. Development in Accordance with Submitted Plans (as amended)
The development being carried out in accordance with the approved plans and details submitted to Council, as amended in red, stamped and returned with this consent.
The amendments in red include: - Upper floor bathroom windows to be obscured glazing.
PAGE 2 REFERENCED PLANS
DRAWING NO DESCRIPTION DATE
1/DAS96 Site Plan January 2017
2/DAS96 Ground Floor Plan January 2017
3/DAS96 First Floor Plan January 2017
4/DAS96 Elevations (Western & Southern)
Plan January 2017
5/DAS96 Elevations (Eastern and Northern )
and Section Plan January 2017
6/DAS96 Landscape Plan January 2017
- External Colours -
No work (including excavation, land fill or earth reshaping) shall be undertaken prior to the issue of the Construction Certificate, where a Construction Certificate is required.
DURING CONSTRUCTION
2. Compliance with BASIX Certificate
Under clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a condition of this Development Consent that all commitments listed in BASIX Certificate No. 721321S_02 are to be complied with. Any subsequent version of this BASIX Certificate will supersede all previous versions of the certificate.
A Section 96 Application may be required should the subsequent version of this BASIX Certificate necessitate design changes to the development. However, a Section 96 Application will be required for a BASIX Certificate with a new number.
ITEM-3 DA NO. 120/2017/HA - TORRENS TITLE SUBDIVISION INTO THREE LOTS WITH A PROPOSED TWO STOREY DWELLING ON EACH LOT - LOT D DP 370382 - 92 OLD NORTHERN ROAD, BAULKHAM HILLS
RESOLUTION
The Development Application be approved subject to a Deferred Commencement consent as follows:
GENERAL MATTERS
CONDITIONS OF CONSENT
Deferred Commencement – Registration of Easement
A. Pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979 deferred commencement consent is granted subject to:
1. The registration of a minimum 1m wide drainage easement over the downstream property, Lot 13 DP 31328 (18 Dobson Crescent, Baulkham Hills).
PAGE 3 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 conditions as set out in the report.
The wording within Condition 1 require the provision of a 1.8 metre high privacy screen on the southern side of the alfresco area between the rear of the dwelling and the end of the alfresco area.
NB: A late submission was tabled and discussed at the meeting.
ITEM-4 DA 1225/2016/ZD/A - SECTION 96(1A)
MODIFICATION TO A SUBDIVISION CREATING EIGHT COMMUNITY TITLE RURAL RESIDENTIAL LOTS AND ONE COMMUNITY ASSOCIATION LOT INCLUDING DEMOLITION (RURAL CLUSTER) - LOT 11 DP 749608, 46 IDLEWILD ROAD, GLENORIE RESOLUTION
The Section 96(1A) Modification Application be approved subject to the following conditions of consent:
GENERAL MATTERS
CONDITION 1 IS AMENDED TO:
1. Approved Plan
The subdivision must be carried out in accordance with the approved plan of subdivision prepared by GDS Drawing 101 Revision J dated 30/11/2016 and other supporting documentation except where amended by other conditions of consent. With respect to this approved plan:
The fire trail location, extent and width must comply with the conditions relating to the subdivision works included in this consent.
The extent of crown road/ Idlewild Road being dedicated is that section east of the rear boundary of lot 9 extending all the way to Old Northern Road.
CONDITION 3 IS AMENDED TO:
3. Compliance with Department of Primary Industries – Water/ Office of Environment and Heritage/ Rural Fire Service/ Roads and Maritime Services Requirements
Compliance with the requirements of the Rural Fire Service throughout all stages of the subdivision as outlined in their letter dated 17/06/2016 Ref D16/0674 attached to this consent as Appendix A.
Compliance with the requirements of the Office of Environment and Heritage throughout all stages of the subdivision as outlined in their letter dated 20/04/2016 Ref SF16/16744 attached to this consent as Appendix B.
PAGE 4 Compliance with the requirements of the Department of Primary Industries – Water throughout all stages of the subdivision as outlined in their letter dated 05/04/2016 Ref 10 ERM2016/0096 attached to this consent as Appendix C.
Compliance with the requirements of the Roads and Maritime Services throughout all stages of the subdivision as outlined in their letters dated 26/10/2016 and 24/03/2016 Ref SYD16/00345/01 attached to this consent as Appendix D.
CONDITION 15A IS ADDED:
15A. Tree Removal
Approval is granted for the removal of trees required for the construction of roads and installations of services required for subdivision only.
All other trees are to remain and are to be protected during all works. Suitable replacement trees are to be planted upon completion of construction.
PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE CONDITION 19 IS AMENDED TO:
19. Engineering Works and Design
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” as categorised below:
1. Works within an existing or proposed public road, or works within an existing or proposed public reserve. These works can only be approved, inspected and certified by Council in accordance with the Roads Act 1993 and the Local Government Act 1993 respectively.
2. Works within the development site, or an adjoining private property, that relates to existing or proposed Council infrastructure assets, such as the laying of a stormwater pipeline or the formation of an overland flow path within a public drainage easement.
These works can only be approved, inspected and certified by Council because Council will have an ongoing risk exposure and management/ maintenance liability with respect to these assets once completed. A “compliance certificate” as per Section 109(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 can be issued certifying that the detailed design for these works complies with the requirements listed and the above documents. This “compliance certificate” can be issued by Council’s Manager – Subdivision and Development Certification and not a private certifier, as discussed. Once approved, the works must be carried out under the supervision of Council’s Construction Engineer in accordance with the terms attached to the issued “compliance certificate”. Post construction, a further
“compliance certificate” as per Section 109(1)(a)(i) of the Environmental Planning and Assessment Act 1979 can be issued certifying that the as-built infrastructure and associated works have been carried out to the satisfaction of Council’s Construction Engineer. Alternatively, these works can be incorporated into any construction approval granted under category (1) above.
PAGE 5 3. Works within the development site, or adjoining private properties, that do not relate to existing or proposed Council infrastructure assets, such as water sensitive urban design elements or inter-allotment drainage pipelines. Such works can be approved, inspected and certified by either Council or a private certifier, so long as the private certifier is accredited to do so. This certification must be included with the documentation approved as part of any Construction Certificate. The designer of the engineering works must be qualified, experienced and have speciality knowledge in the relevant field of work.
The following engineering works are required:
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) Idlewild Road Standard Drawing 42
5m/ 1.75m/ 6.5m/ 1.75m/ 5m (20m) Pavement Design:
Rural (Standard Drawing 42)
The design must incorporate a standard 4m splay corner unless otherwise directed by Council.
All roads are to have a two-way cross fall with a crown in the middle of the carriageway.
The extent of reconstruction of Idlewild Road relates to the section being dedicated to the public by this consent, along with a suitable transition to the existing roadway as it extends further west beyond.
The design of Idlewild Road needs to address the following with respect to the two sag/
trapped low points identified on the concept plan prepared by GDS (Revision J). At the trapped low points at chainages 45 and 122 table drains and the associated concentration of stormwater runoff to a point must be avoided, so that there are no nuisance stormwater or flooding impacts on the adjoining properties on either side of the road here.
The maximum permitted road grade is 15.4%. Intersections or bends must be sized to accommodate the swept path of a HRV design service vehicle.
b) Full Width Road Construction (Rural Cluster)
The full width construction of the roads listed below is required including all other ancillary work to make this construction effective:
Road Name: Formation:
(Footpath/ Carriageway/ Footpath) (m) Private Road 1 Road Type:
Standard Drawing 42 2m/ 8m/ 2m (12m) Pavement Design:
Rural (Standard Drawing 42) Private Road 2 Road Type:
Standard Drawing 42
2m/ 0.75m/ 6.5m/ 0.75m/ 2m (12m) Pavement Design:
Rural (Standard Drawing 42)
PAGE 6 Private Roads 1 and 2 are delineated from one another on the approved subdivision plan.
This is one road, with two different formations at different locations either side of the bend fronting lot 5. The concept plan prepared by GDS (Revision J) notes it as a single road numbered one consistent with this intent.
At trapped low points, for blind (dead end) roads or where a table drain is required in line with the notes included with Standard Drawing 42 a tail-out drain/s to dissipate runoff from the private road/ table drain must be provided clear of building platforms and sensitive areas. Where a piped outlet/ headwall is proposed the piped outlet must be extended into the affected lot/s to a point beyond the building platform to protect this future dwelling/s from flooding impacts associated with this road runoff.
The design of this private road needs to address the following, with respect to the two such outlets identified on the concept plan prepared by GDS (Revision J):
At the trapped low point at chainage 165 fronting lot 7, the pipe must be extended to the fire trail. It must then run south along the fire trail through lots 6 and 7 to the mapped natural watercourse within the community association lot at the rear boundary of lots 5 and 6.
At the trapped low point at the end of the road/ cul-de-sac, the pipe must be extended beyond the headwall location currently shown within lot 4 to the back of the fire trail within lot 5 adjacent. It must then run north along the fire trail through lot 5 to the same mapped natural watercourse within the community association lot at the rear boundary of lots 5 and 6 referred to above.
Where the private road intersects with a public road the crossing needs to delineate the public road from the private road through the inclusion of a gutter crossing rather than a kerb return, pavement threshold treatment or similar. All private roads must include a second sign underneath which reads “private road”.
The maximum permitted road grade is 15.4%. Intersections or bends must be sized to accommodate the swept path of a HRV design service vehicle.
c) Fire Trails
Fire trails must be provided generally in accordance with the concept plan prepared by GDS (Revision J) and the general terms of approval from the Rural Fire Service. The concept plan prepared by GDS (Revision J) must be amended as follows:
Gates are to be provided across the three entrances; Old Northern Road (lot 1), Idlewild Road (lot 9) and the private road (lot 1 fronting lot 2).
Gates or grids are required where the fire trail crosses the boundaries between lots 5 through 9.
The interface/ boundary between lots 2 and 3 and the fire trail along the western and southern boundaries of these lots must be fenced.
This fencing is in addition to any and all fencing required by the VMP. This fencing (and gates) must comply with the same requirements of the VMP also.
Fire trails must be constructed in a way that limits the impact as much as possible.
Under no circumstances are the works within the community association lot to extend beyond the area of affect identified on the concept plan. No trees are to be removed for these fire trails unless approved, in writing, by Council. The location/ alignment of the fire trail within lots 5 to 9 must be design with this in mind.
A passing bay is required next to the existing dam within the community association lot behind lots 2 and 3 as per the RFS conditions.
PAGE 7
A turning head is required behind lot 3 at the end of the fire trail as per the RFS conditions.
The required formation is as follows, as per Section 4.1.3(3) from Planning for Bushfire Protection 2006:
Road Name: Formation:
(Footpath/ Carriageway/ Footpath) (m)
Fire Trail Road Type:
Fire Trail
1m/ 4m/ 1m/ (6m)
d) Turning Heads
A cul-de-sac turning head must be provided at the end of all blind/ dead-end roads. The cul-de-sac must have a diameter of 24m measured from the edge of bitumen.
A turning head is required at the western end of the private road fronting lots 3, 4 and 5.
e) Street Names Signs
Street name signs and posts are required in accordance with the above documents and Council’s Standard Drawing 37. Details for all signage and line-marking must be submitted to Council for checking prior to works commencing.
All private roads must include a second sign underneath which reads “private road”.
f) Disused Layback/ Driveway Removal
All disused laybacks and driveways must be removed together with the restoration and turfing of the adjoining footpath verge area.
g) Driveway Construction – Rural
A 3m wide (minimum) formed all weather driveway built to Council’s rural standard must be provided between the proposed private road and the existing dwelling house on lot 3 in accordance with the above documents and Council’s driveway specifications.
h) 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.
i) Earthworks/ Site Regrading
Earthworks are limited to that shown on the approved plans. Where earthworks are not shown on the approved plan the topsoil within lots must not be disturbed.
j) Stormwater Drainage – Creek Outlets
Piped stormwater outlets/ connections to a natural watercourse must comply with the requirements of Council and the Department of Primary Industries – Water (even where the receiving waterbody is not a natural watercourse).
k) Stormwater Drainage – Rural
Stormwater runoff from the existing dwelling on lot 3 is to be dispersed over the rear of the lot via a level spreader/ absorption trench or similar, in lieu of a formal legal point of stormwater discharge via a piped connection/ outlet to a natural watercourse.
PAGE 8 CONDITION 21A IS ADDED:
21A. Aboriginal Cultural Heritage Assessment Report/ AHIP
Before a Construction Certificate can be issued further survey and reporting is required to be undertaken to determine whether an Aboriginal Heritage Impact Permit (AHIP) is required, in line with the comments provided by the Office of Environment and Heritage attached to this consent. This further reporting must incorporate an Aboriginal Cultural Heritage Assessment Report undertaken in accordance with the Office of Environment and Heritage Code of Practice for Archaeological Investigation of Aboriginal Objects in New South Wales and the Aboriginal Cultural Heritage Consultation Requirements for Proponents 2010, to determine whether Aboriginal objects are present within the application area.
If Aboriginal objects will be harmed as a result of this development, a Section 90 AHIP under the National Parks and Wildlife Act 1974 must be sought. Appropriate management and mitigation for harm must form part of the AHIP application to the Office of Environment and Heritage. The AHIP application must be accompanied by appropriate documentation and mapping as outlined on page six of Applying for an Aboriginal Heritage Impact Permit Guide for Applicants. Consultation with the Aboriginal community undertaken as part of an AHIP application must be in accordance with the Aboriginal Cultural Heritage Community Consultation Requirements for Proponents 2010.
Long term management of Aboriginal objects must also be considered as part of the AHIP application.
PRIOR TO ISSUE OF A SUBDIVISION CERTIFICATE CONDITION 67 IS AMENDED TO:
67. 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.
a) 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.
b) 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.
c) Easement – Right of Access
A right of access must be created over the fire trail within lots 5 to 9 in favour of lot 1.
d) Restriction – Restricted Access
Lot 9 must be burdened with a restriction precluding access to Idlewild Road using the
“restricted access” terms included in the standard recitals.
e) Restriction – Stormwater Management (Rural)
Lots 2 to 9 must be burdened with a restriction using the “stormwater management (rural)” terms included in the standard recitals.
f) Covenant – Onsite Waste Collection
Lot 1 must be burdened with a positive covenant relating to onsite waste collection using the “onsite waste collection” terms included in the standard recitals.
PAGE 9 g) Restriction/ Covenant – Asset Protection Zone
Lots 2 to 9 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.
Lot 3 needs to be listed separately from the others/ managed as an IPA rather than an OPA as per the RFS conditions.
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.
h) Restriction/ Covenant – Vegetation Management Plan
Lot 1 must be burdened with a restriction and a positive covenant using the “vegetation management plan/ restricted development area” terms included in the standard recitals.
THE USE OF THE SITE CONDITION 69 IS ADDED:
69. Management of Area Subject to Vegetation Management Plan (VMP)
Any area that is subject to a Vegetation Management Plan (VMP) shall be managed in accordance with the approved VMP in perpetuity by the property owner/s.
ITEM-5 DA NO. 376/2010/HA/B - SECTION 96 (1A) MODIFICATION TO AN APPROVED CARE CHILD CARE CENTRE FOR 50 (2-5 YR) CHILDREN - LOT D DP 164591 - 774 OLD NORTHERN ROAD, MIDDLE DURAL
RESOLUTION
The Section 96(1A) Modification Application be approved subject to the following:
Conditions Nos. 1 be deleted and replaced as follows:
1. Development in Accordance with Submitted Plans (as amended)
The development being carried out in accordance with the approved plans and details submitted to Council, as amended in red, stamped and returned with consent 376/2010/HA, 376/2010/HA/A and as amended by plans stamped 376/2010/HA/B returned with this consent. No work (including excavation, land fill or earth reshaping) shall be undertaken prior to the issue of the Construction Certificate, where a Construction Certificate is required
The amendments in red include:-
High visibility fencing is to be installed along a 1 metre buffer around the existing well as marked prior to works commencing and until works are completed. No works are to be undertaken within the buffer area.
Acoustic Fencing 1.8 metres high be of lapped and capped timber paling and be of a green or grey colour that is sympathetic to the surrounding environment.
A pool fence is required to be installed in accordance with the Swimming Pools Regulation 2008. The fence is to comply with AS 1926.1-2007.
PAGE 10 REFERENCED PLANS – 376/2010/HA
DRAWING NO DESCRIPTION SHEET REVISION DATE
6364A Site Plan and Section 1 of 2 - 16/03/2010
6364A Floor Plan and
Elevations
2 of 2 - 16/03/2100
L-01 Landscape Plan - C 20/08/2009
- Signage Detail - - -
REFERENCED PLANS – 376/2010/HA/A
DRAWING NO DESCRIPTION SHEET REVISION DATE
6364B Site Plan and Section 1 of 2 - October 2012
6364B Floor Plan and
Elevations
2 of 2 - October 2012
REFERENCED PLANS – 376/2010/HA/B
DRAWING NO DESCRIPTION SHEET REVISION DATE
1985 Plan Package 1 to 9 I 22//02/2017
