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PRESENT Cameron McKenzie Group Manager

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PAGE 1 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 2 DECEMBER 2014:

PRESENT

Cameron McKenzie Group Manager – Environment & Planning (Chair) Paul Osborne Manager – Development Assessment

Andrew Brooks Manager – Subdivision & Development Certification Daniel Giffney Acting Manager – Environmental Health & Sustainability Craig Woods Manager – Regulatory Services

Stewart Seale Manager – Forward Planning Kristine McKenzie Principal Executive Planner APOLOGIES

Mark Colburt Manager – Environmental Health & Sustainability TIME OF COMMENCEMENT

8:30am

TIME OF COMPLETION 9:32am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 25 November 2014 be confirmed.

ITEM-2 DA NO. 44/2015/HA - TWO STOREY DWELLING, A DETACHED SECONDARY DWELLING AND ASSOCIATED RETAINING WALLS - LOT 11 DP 270804 - 8 ROGANS RISE, CASTLE HILL

RESOLUTION

The application be approved subject to conditions as set out in the report.

ITEM-3 DA 127/2015/HA - A SECONDARY DWELLING UNDER SEPP (AFFORDABLE RENTAL HOUSING) 2009 - LOT 2 DP 261440 2 MOUTRIE PLACE, CASTLE HILL

RESOLUTION

The application be approved subject to conditions as set out in the report.

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PAGE 2 ITEM-4 DA NO. 79/2015/HA - INTENSIVE PLANT AGRICULTURE - LOT 31 DP 1078250, NO. 29 ANNANGROVE ROAD (NOS. 1-3 SEDGER ROAD), KENTHURST

RESOLUTION

The application be approved subject to the conditions outlined in the report with the exception of Condition 15 which is amended to read as follows

15. Landscaping Requirement

A landscape plan is to be submitted to Council’s Development Assessment Manager for approval prior to issue of any construction certificate. The plan must demonstrate landscape screening a minimum 5m high within three years of the commencement of operations. Lilly Pilly (Syzygium australe) in 75 litre pots at 4m centres are required adjacent to the Annangrove Road and Sedger Road frontages as indicated on the site plan . Additional Lilly Pilly screening (25 litre pots at 4 metre centres) shall be provided adjacent to the eastern side of hail net 4 and the southern side of hail net 5 as marked on the site plan.

ITEM-5 DA NO. 444/2015/HA - OCCUPATION AND FIT-OUT FOR AN INDOOR RECREATION FACILITY (GYM) AND ASSOCIATED SIGNAGE - LOT 7075 DP 1016973, NOS. 1-3 MERIDIAN PLACE, BELLA VISTA

RESOLUTION

The application be approved subject to conditions as set out in the report.

ITEM-6 DA NO. 920/2014/HA/A - SECTION 96(1A) MODIFICATION TO AN APPROVED INDOOR RECREATION FACILITY - LOT 1 DP 566279, NOS. 7- 9 KENTHURST ROAD, DURAL

RESOLUTION

The Section 96 modification application be approved subject to the following amended and additional conditions of consent.

1. Condition No. 1 to 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, stamped and returned with consent 920/2014/HA and as amended by plans as amended in red, stamped 920/2014/HA/A and returned with this consent.

The amendments in red include:

 Deletion of references to ‘office’ space and internals walls (to be used as ‘storage space’).

REFERENCED PLANS AND DOCUMENTS

DRAWING NO. DESCRIPTION ISSUE DATE

- Car Park Plan - -

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.

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PAGE 3 Condition No. 8 to be deleted and replaced as follows:

8. Fire Safety Schedule for Building Upgrades or Change of Use

The following conditions have been imposed to ensure that adequate fire safety measures are included in the building.

a) Upon completion of works or prior to the commencement of a change of use, a Final Fire Safety Certificate is to be issued by the owner of the building to the effect that each essential fire safety measure installed within the building and specified in the attached fire safety schedule:

i. has been assessed by a properly qualified person, and

ii. was found, when it was assessed, to be capable of performing to at least the standards required by the current fire safety schedule for the building.

b) A Final Fire Safety Certificate must be provided before a Final Occupation Certificate can be issued under Clause 153 of the Environmental Planning &

Assessment Regulation 2000.

As soon as practicable after a Final Fire Safety Certificate is issued, the owner of the building to which it relates:

a) Shall submit a copy of the Certificate (together with a copy of the current fire safety schedule) to the Commissioner of NSW Fire Brigades, AND

b) Shall ensure that the Certificate (together with a copy of the current fire safety schedule) is prominently displayed in the building.

The following is a schedule of existing and/or new essential fire or other safety measures required to be installed, and the minimum standards to which these measures must be designed, installed and/or maintained under Part 9 of the Environmental Planning &

Assessment Regulation:

Property Address: Nos. 7-9 Kenthurst Rd, Kenthurst Essential Fire Safety

Measure Minimum Standard of Performance

Building Code of Australia Australian Standard Existing Proposed Emergency lighting E4.2, E4.4,H101.20 2293.1 -1998

293.1-2005  

Exit Signs E4.5-4.8 2293.1-1998 

Fire Hydrant systems Ordinance 70 Ministerial Specification

No.10 

Hose reel systems Ordinance 70 E1.4

Ministerial Specification No.10

2441-2005





Portable fire extinguishers

(including fire blankets) E1.6 2444 - 2001  

2. The addition of the following conditions:

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PAGE 4 GENERAL MATTERS

1A. Application for Building Certificate

As building works have commenced, an application for a building certificate is to be lodged with Council within 30 days of the determination date of Section 96 Modification No. 920/2014/HA/A.

5A. Clause 94 Considerations

Under clause 94 of the Environmental Planning & Assessment Regulation, the following fire safety/Building Code of Australia (BCA) works are to be undertaken and are to be completed prior to the issue of the Building Certificate:

i. A structural engineer is to certify the structural adequacy of the mezzanine that has been loaded with the storage container. The engineer is to also nominate the maximum storage load permitted. Appropriate signage is to be displayed nominating the maximum loading capacity permitted on the mezzanine.

ii. The existing stairway providing access to the storage area is to be demolished and rebuilt in accordance with D2.13 of the BCA. Landings and balustrades are to be provided in accordance with D2.14 and D2.15 of the BCA.

iii. Stair treads are to have a surface with a slip-resistance classification not less than that listed in Table D2.14 when tested in accordance with AS 4586 or a nosing strip with a slip-resistance classification not less than that listed in Table D2.14 when tested in accordance with AS 4586.

iv. Emergency lighting is to be provided over the required stairway in accordance with AS 2293.1 and E4 of the BCA. A fire safety certificate is to be submitted to Council verifying the installation of the lighting.

v. The section of damaged floor material near the existing steel column is to be repaired.

vi. Door handles on the first floor are to be changed to lever type handles.

vii. A Portable fire extinguisher is to be provided to cover the storage area in accordance with AS 2444 and E1.6 of the BCA.

viii. A glazing certificate is to be submitted indicating compliance with AS 1228.

ix. A fire safety certificate is to be submitted for the installation of the additional hose reel added outside of the main entry of the gym. The certificate is to also certify that hose reel coverage is available to all parts of the storage area.

5B. Use of 1st Floor Area

The upstairs portion of the premises is to be used for storage purposes only.

ITEM-7 DA 1435/2014/ZD - SUBDIVISION CREATING EIGHT COMMUNITY TITLE RURAL RESIDENTIAL LOTS AND ONE COMMUNITY ASSOCIATION LOT - LOT 368 DP 752047, 31 NEICH ROAD, GLENORIE RESOLUTION

The application be approved subject to conditions as set out in the report.

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PAGE 5 ITEM-8 DA NO. 321/2015/HB - CONSTRUCTION OF A NEW DWELLING AND CONVERSION OF AN EXISTING DWELLING INTO AN ANIMAL BOARDING ESTABLISHMENT (CATTERY) AND SECONDARY DWELLING - LOT 1 DP 241412, NO. 5 WANDARRI ROAD, KENTHURST

RESOLUTION

The application be approved subject to conditions as set out in the report.

ITEM-9 DA NO. 1364/2014/HB - A MULTI DWELLING HOUSING DEVELOPMENT CONTAINING 3 UNITS COMPRISING 2 X TWO BEDROOM AND 1 X THREE BEDROOM UNITS INCLUDING DEMOLITION OF THE EXISTING DWELLING - LOT 70 DP 28285 - 19 JAMES STREET, BAULKHAM HILLS

RESOLUTION

The application be approved subject to conditions as set out in the report.

ITEM-10 DA 781/2005/HC/A - SECTION 96(1A)

MODIFICATION TO CHANGE BUILDING CONFIGURATION - LOT 32 DP 834050 NO. 324 ANNANGROVE ROAD, ROUSE HILL

RESOLUTION

Pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act 1979, the modification be approved as follows:-

Conditions Nos. 1, 9, 38, 39 and 84 be deleted and replaced as follows:

1. Development in accordance with submitted plans

The development being carried out in accordance with the approved plans and details returned with development consent 781/2005/HC and as further modified by the following plans approved with Development Consent No. 781/2005/HC/A, except where amended by other conditions of consent.

REFERENCED PLANS

PLAN NO. TITLE DRAWN BY SHEET DATE

6734A Site Plan Regency Design Centre 1 April 2014

6734A Elevations Regency Design Centre 2 April 2014 6734A Basement Floor Plan

Block A Regency Design Centre 3 April 2014 6734A Ground Floor Plan

Block A Regency Design Centre 4 April 2014 6734A Upper Floor Plan

Block A Regency Design Centre 5 April 2014 6734A Basement Floor Plan

Block B Regency Design Centre 6 April 2014

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PAGE 6 6734A Ground Floor Plan

Block B Regency Design Centre 7 April 2014 6734A Upper Floor Plan

Block B Regency Design Centre 8 April 2014 6734A Ground Floor Plan

Block C

Regency Design Centre 9 April 2014 6734A First Floor Plan Block

B

Regency Design Centre

10 April 2014 No works (including excavation) shall be undertaken prior to the release of the Construction Certificate

9. Vehicular Access and Parking

The formation, surfacing and drainage of all driveways, parking modules, circulation roadways and ramps are required, with their design and construction complying with:

a) AS/ NZS 2890.1 b) AS/ NZS 2890.6 c) AS 2890.2

d) Council’s DCP Part C Section 1 – Parking e) Council’s Driveway Specifications

Where conflict exists the Australian Standard must be used.

The following must be provided:

i. All driveways and car parking areas must be prominently and permanently line marked, signposted and maintained to ensure entry and exit is in a forward direction at all times and that parking and traffic circulation is appropriately controlled.

ii. All driveways and car parking areas must be separated from landscaped areas by a low level concrete kerb or wall.

iii. All driveways and car parking areas must be concrete or bitumen. The design must consider the largest design service vehicle expected to enter the site. In rural areas, all driveways and car parking areas must provide for a formed all weather finish.

iv. All driveways and car parking areas must be graded, collected and drained by pits and pipes to a suitable point of legal discharge.

v. Bollards in the exposed corners of parking spaces 29, 39, 40 and 56 to protect these spaces from large vehicle movements in the vicinity of the said spaces.

38A. Section 94 Contribution Stage 1 (Block A and C - Basement and Ground Floor)

The following monetary contributions must be paid to Council in accordance with Section 94 of the Environmental Planning and Assessment Act, 1979, to provide for the increased demand for public amenities and services resulting from the development.

Payments comprise of the following:-

The contributions above are applicable at the time this consent was issued. Please be aware that Section 94 contributions are updated quarterly.

Development Category

Rate per add. m2 of

GFA: 5,482.6 TOTAL S94 Land $ 11.45 $ 62,775.77 Capital $ 63.23 $ 346,664.80 Total $ 74.68 $ 409,440.57

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PAGE 7 Prior to payment of the above contributions, the applicant is advised to contact Council’s Development Contributions Officer on 9843 0268. Payment must be made by cheque or credit/debit card. Cash payments will not be accepted.

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

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

38B. Section 94 Contribution Stage 2 (Block B – Basement and Ground Floor) The following monetary contributions must be paid to Council in accordance with Section 94 of the Environmental Planning and Assessment Act, 1979, to provide for the increased demand for public amenities and services resulting from the development.

Payments comprise of the following:-

The contributions above are applicable at the time this consent was issued. Please be aware that Section 94 contributions are updated quarterly.

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

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

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

38C. Section 94 Contribution Stage 3 (Block A – Construction of Internal First Floor)

The following monetary contributions must be paid to Council in accordance with Section 94 of the Environmental Planning and Assessment Act, 1979, to provide for the increased demand for public amenities and services resulting from the development.

Payments comprise of the following:-

The contributions above are applicable at the time this consent was issued. Please be aware that Section 94 contributions are updated quarterly.

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

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

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

Development Category

Rate per add. m2 of

GFA: 4,236 TOTAL S94 Land $ 11.45 $ 48,502.20 Capital $ 63.23 $ 267,842.28 Total $ 74.68 $ 316,344.48

Development Category

Rate per add. m2 of

GFA: 2,118 TOTAL S94 Land $ 11.45 $ 24,251.10 Capital $ 63.23 $ 133,921.14 Total $ 74.68 $ 158,172.24

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PAGE 8 38D. Section 94 Contribution Stage 4 (Block B – Construction of Internal First Floor)

The following monetary contributions must be paid to Council in accordance with Section 94 of the Environmental Planning and Assessment Act, 1979, to provide for the

increased demand for public amenities and services resulting from the development.

Payments comprise of the following:-

The contributions above are applicable at the time this consent was issued. Please be aware that Section 94 contributions are updated quarterly.

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

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

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

39. Engineering Works and Design

In order to provide satisfactory servicing of the development, engineering design and construction works are to be provided by the applicant in accordance with;

a) Council’s “Design Guidelines - Subdivisions/Developments” (June 1997).

b) Council’s “Works Specifications - Subdivisions/Developments” (November 2001).

Such works require an Engineering Construction Certificate to be obtained and are to include:-

i. Heavy Duty Crossings – Medium Density/Commercial Development

Heavy duty gutter and footpath crossing at all points of vehicular access to the site.

ii. Flooding and Drainage Works

In order to ensure the proposed development does not have adverse impact on the existing flood behaviour and provision of adequate flood protection to the development based on best engineering practices of floodplain management and infrastructure assets, submission of detailed design prepared in accordance with the approved concept drawings “C00.01, C01.01, C02.01, C02.02 and C02.03 prepared by Engineering Studio, Job Number 14191, Revision B, Dated 02 September 2014. This shall include:

 Design and construction details of the 1200mm diameter pipe extension from the existing outlet of the culvert under Annangrove Road to the proposed pit P2 via P1 and then continued with a minimum of 825 diameter pipe to the rear of the site within the proposed overland flow path adjacent to the Northern boundary.

Pipes shall be located closer to the building,1m setback from the proposed building instead of centre line to ensure provisions are made for future drainage upgrading works.

Development Category

Rate per add. m2 of

GFA: 2,118 TOTAL S94 Land $ 11.45 $ 24,251.10 Capital $ 63.23 $ 133,921.14 Total $ 74.68 $ 158,172.24

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PAGE 9

 The overland flowpath associated with the piped drainage system is to be designed and constructed so as to convey a peak flow of 1.4 m3/s (100 year ARI peak overland flow) between P2 and to the rear of the site.

Construction of appropriate retaining walls providing a minimum of 4.5m wide effective flow path including a wall along the southern side extended from the front boundary for such distance as is necessary to maintain the freeboards required by this condition.

 Floor levels of the proposed industrial buildings and carpark are to be a minimum of 500mm and 200mm respectively above the predicted 100 year ARI water surface levels in the overland flowpath based on the peak flow mentioned above.

 Provision of open type fencing across the street frontage of the property and across the overland flow path to enable the safe, unrestricted conveyance of flood water through the overland flow path.

 Construction of all walls adjacent to overland flow path with an impervious membrane so as to contain the overland flows.

84. Hours of Operation

The hours of operation for the industrial units are to be between the hours of 7.00am and 6.00pm Monday to Saturdays, with no work or activity being carried out on Sundays or Public Holidays.

The hours of operation· of the storage facilities shall be 24 hours Monday – seven days per week.

ITEM-11 DA NO. 1506/2014/LD - A THREE STOREY DWELLING AND RETAINING WALLS - LOT 102 DP 1002677 - 16 LOMANDRA CIRCUIT, CASTLE HILL

RESOLUTION

The application be approved subject to conditions as set out in the report.

END MINUTES

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