LOCAL PLANNING PANEL - The Hills Shire - Wednesday, 16 June 2021 - The Hills Shire Council
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LOCAL PLANNING
PANEL – The Hills Shire
Wednesday, 16 June 2021
Document Set ID: 19523257
Version: 1, Version Date: 09/06/2021
LOCAL PLANNING PANEL MEETING 16 JUNE, 2021 THE HILLS SHIRE
ITEM SUBJECT PAGE
ITEM-1 DA 909/2021/ZE - SMALL LOT HOUSING 3
DEVELOPMENT AND SUBDIVISION CREATING TWO
RESIDENTIAL LOTS/ SEMI-DETACHED DWELLINGS -
LOT 36 DP 1233988, 1 DRESSAGE STREET, BOX HILL
Document Set ID: 19523257
Version: 1, Version Date: 09/06/2021
LOCAL PLANNING PANEL MEETING 16 JUNE, 2021 THE HILLS SHIRE
ITEM-1 DA 909/2021/ZE - SMALL LOT HOUSING
DEVELOPMENT AND SUBDIVISION CREATING TWO
RESIDENTIAL LOTS/ SEMI-DETACHED DWELLINGS -
LOT 36 DP 1233988, 1 DRESSAGE STREET, BOX HILL
THEME: Valuing our Surroundings
5 Well planned and liveable neighbourhoods that meets
OUTCOME:
growth targets and maintains amenity.
9.3 Manage new and existing development with a robust
STRATEGY: framework of policies, plans and processes that is in
accordance with community needs and expectations.
16 JUNE 2021
MEETING DATE:
LOCAL PLANNING PANEL
SUBDIVISION PLANNER
AUTHOR:
ALEXANDRA HOPKINS
MANAGER – SUBDIVISION & DEVELOPMENT
RESPONSIBLE OFFICER: CERTIFICATION
BEN HAWKINS
Applicant Universal Property Group
Consultants Universal Property Group – Planning
Universal Property Group – Architecture
Universal Property Group – Landscaping
SDG Land Development Solutions – Survey
Mr M. J. Aslan – Stormwater
Notification 21 days
Number Advised Four
Number of Submissions 18
Zoning R2 Low Density Residential
Site Area 500.1m2
List of all relevant Section 4.15 of the Environmental Planning and Assessment
s4.15(1)(a) matters Act 1979 – Satisfactory
SEPP (Sydney Region Growth Centres) 2006 – Appendix 11
The Hills Growth Centre Precincts Plan – Satisfactory
SEPP 55 – Remediation of Land – Satisfactory
SEPP (Building Sustainability Index: BASIX) 2004 –
Satisfactory
SREP 20 – Hawkesbury-Nepean River (No 2 – 1997) –
Satisfactory
North West Priority Growth Area Land Use And Infrastructure
Plan – Satisfactory
Box Hill Growth Centre Precincts Development Control Plan
– Satisfactory
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Document Set ID: 19523257
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LOCAL PLANNING PANEL MEETING 16 JUNE, 2021 THE HILLS SHIRE
Section 7.11 Contribution – $49,206.77
Political Donation None disclosed
Reason for Referral to LPP 18 unique submissions received
Recommendation Approval
EXECUTIVE SUMMARY
The development application is for a small lot housing development and subdivision creating
two residential lots and an associated semi-detached dwelling on each lot. The lots are
proposed to have areas of 250m2 and 250.1m2. Both dwellings face Dressage Street and
have frontages of 9.9m and 14.5m. The development complies with State Environmental
Planning Policy (Sydney Region Growth Centres) 2006 – Appendix 11 The Hills Growth
Centre Precincts Plan and includes variations to the Box Hill Growth Centre Precincts
Development Control Plan relating to the upper level site coverage and upper level window
location for proposed lot/ dwelling 362. The proposed variation to site coverage is minor and
will not have a significant adverse impact on streetscape and amenity or the solar access
and privacy of adjoining properties to the north and east. The variation to the upper level
window location will not significantly adversely impact on the privacy of those adjoining
properties either. The development application also includes minor subdivision works
relating to stormwater, earthworks and servicing.
The development application was notified and 18 unique submissions from the owners and/
or occupiers of 14 adjoining properties were received. The issues raised primarily relate to
expectations around development in the R2 Low Density Residential zone, traffic, impacts
on street trees, noise, privacy, overshadowing, streetscape, lack of parking provided on site/
on-street parking impacts, driveway locations, orientation of the dwellings, compliance with
the Development Control Plan, stormwater impacts, adequacy of services, amenity, impacts
on the planned park opposite and impacts on property value. These concerns have
addressed in the report and do not warrant further amendment or refusal of the development
application.
The development application is recommended for approval subject to conditions.
BACKGROUND
The subdivision that created this site as one of 72 residential lots on the corner of George
Street/ Terry Road was approved on 31 May 2016.
On 18 December 2020, the subject development application was lodged.
The development application was notified between 11 January and 2 February 2021. A total
of 18 unique submissions were received in response which is why the matter is being
reported to the Local Planning Panel for determination.
On 21 January 2021, Council staff issued a request for information letter seeking additional
information relating to dwelling orientation, stormwater, earthworks and waste management.
On 15 February 2021, Council staff issued a further request for information letter relating to
landscaping and earthworks/ retaining walls.
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LOCAL PLANNING PANEL MEETING 16 JUNE, 2021 THE HILLS SHIRE
On 18 February 2021, the applicant provided a preliminary response to the request for
information addressing the landscaping concerns.
On 8 March 2021, the applicant submitted a further response to the request for information.
On 12 May 2021, a further request for information was issues relating to stormwater
management.
On 17 May 2021, the applicant provided a response to the stormwater management
concerns raised.
PROPOSAL
The development application is for a small lot housing development and subdivision creating
two residential lots with a semi-detached dwelling on each from one existing vacant lot. The
proposed plan of subdivision is provided in Attachment 6.
The subject site has an area of 500.1m2 and is located on land zoned R2 Low Density
Residential by the State Environmental Planning Policy (Sydney Region Growth Centres)
2006 – Appendix 11 The Hills Growth Centre Precincts Plan (Growth Centres SEPP).
Subdivision is permitted with consent in accordance with Clause 2.6 of the Growth Centres
SEPP.
The proposed lots are 250m2 and 250.1m2 in size. There is no minimum lot size based on
the Lot Size Map included with the Growth Centres SEPP however applicable minimum lot
sizes for various forms of development are specified in Clause 4.1A of the Growth Centres
SEPP. For a subdivision in the R2 Low Density Residential zone with semi-detached
dwellings included the applicable minimum lot size is 200m2. Both lots comply in this
respect.
ISSUES FOR CONSIDERATION
1. State Environmental Planning Policy (Sydney Region Growth Centres) 2006 –
Appendix 11 The Hills Growth Centre Precincts Plan
(i) Permissibility
The subject site is zoned R2 Low Density Residential under the Growth Centres SEPP.
Subdivision is permissible under Clause 2.6 of the Growth Centres SEPP.
(ii) Zone Objectives
The subject site is zoned R2 Low Density Residential. The zone objectives are as follows.
To provide for the housing needs of the community within a low density residential
environment.
To enable other land uses that provide facilities or services to meet the day to day needs
of residents.
To allow people to carry out a reasonable range of activities from their homes, where
such activities are not likely to adversely affect the living environment of neighbours.
To support the well-being of the community, by enabling educational, recreational,
community, religious and other activities where compatible with the amenity of a low
density residential environment.
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The development application is consistent with the objectives of the R2 Low Density
Residential zone. The proposal creates two residential lots of a size permitted by the Growth
Centres SEPP and commensurate with lot sizes delivered as part of similar corner lot
developments nearby. A semi-detached dwelling generally compliant with the Growth
Centres SEPP and the Box Hill Growth Centre Precincts Development Control Plan (DCP)
has been provided on each lot providing a variety of housing types.
(iii) Development Standards
The following development standards (or applicable clauses) from the Growth Centres SEPP
apply to the site/ development.
Clause 4.1A establishes the minimum lot size applying to the site in conjunction with the
associated minimum density map. The minimum lot size applying to the site/ development
(given a semi-detached dwelling is also proposed on each lot) is 200m2. The proposed lots
are 250m2 and 250.1m2.
Clause 4.1B establishes the minimum density applying to the site in conjunction with the
associated residential density map. The minimum density applying to the site/ development
is 15 dwellings per hectare (refer to Attachment 4). The residential net developable area of
the subdivision block is 1.1 hectares providing for a minimum resultant density of 16 lots/
dwellings. This development results in a total of 19 lots/ dwellings over the street block and
so the development application complies with the minimum density required.
The proposed development is considered satisfactory with respect to the above
development standards (or applicable clauses) from the Growth Centres SEPP.
2. State Environmental Planning Policy 55 – Remediation of Land
State Environmental Planning Policy 55 – Remediation of Land contains guidelines and
prescriptive measures with regard to site contamination and remediation requirements for all
land-based development across the State. In considering a development application for new
development the consent authority is to have regard for the prescriptive requirements of
Clause 7 of the SEPP provided below:
A consent authority must not consent to the carrying out of any development on land
unless:
(a) it has considered whether the land is contaminated, and
(b) if the land is contaminated, it is satisfied that the land is suitable in its
contaminated state (or will be suitable, after remediation) for the purpose for which
the development is proposed to be carried out, and
(c) if the land requires remediation to be made suitable for the purpose for which the
development is proposed to be carried out, it is satisfied that the land will be
remediated before the land is used for that purpose.
The contamination status of the site was considered under the parent subdivision
development application in 2016 referred to earlier. A Stage 2 Detailed Site Investigation
Report prepared by Geotest Services concluded that the site was considered suitable for
future residential land uses from a contamination perspective. Soils at the subject site
contain concentration of contaminants at less than the relevant guidelines and the site is
suitable for the proposed residential subdivision. Council’s Environmental Health team
reviewed this reporting and raised no objection subject to conditions that were complied with
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at the time. The majority of the surrounding lots within the parent subdivision have been
developed for residential purposes since.
Issues with potential contamination for this site have been considered. Given the
contamination status of the site has been addressed previously as above the site is
considered suitable for the proposed development and future residential uses.
Council’s Environment Health team have reviewed this development application and raise no
objection from a contamination perspective.
3. North West Priority Growth Area Land Use And Infrastructure Plan
Section 117 Ministerial Directions were amended on 22 May 2017 to add:
7.4 Implementation of North West Priority Growth Area Land Use and Infrastructure
Implementation Plan
The development application was lodged after 22 May 2017 and so needed to consider the
new 117 Direction (relating to maximum density primarily).
The draft amendments to the SEPP propose to amend Clause 4.1B and the associated
density maps to include both a minimum and maximum density for residential zoned land as
below.
R2 Low Density Residential (minimum 15 dwellings per hectare currently):
Proposed minimum: 15 dwellings per hectare
Proposed maximum: 20 dwellings per hectare
The residential net developable area is 1.1 hectares providing for a minimum resultant
density of 16 dwellings as above (and a maximum of 22 dwellings based on the draft SEPP).
19 residential lots are proposed as above complying with this clause.
The draft amendments to the SEPP propose to amend Clause 4.1 and the associated lot
size map to include a minimum lot size for residential zoned land. The minimum lot size
applying to the site as shown on the draft lot size map is 300m2, which the proposed lots do
not comply with. However the same exceptions included in Clause 4.1A of the Growth
Centres SEPP now are retained meaning the proposal complies with respect to minimum lot
size as above.
The proposed development is considered satisfactory with respect to the above
development standards (or applicable clauses) from the draft SEPP.
4. Box Hill Growth Centre Precincts Development Control Plan
The development application has been assessed against the provisions of the DCP. The
proposed development does not comply with the following requirements of the DCP.
Control Comment Compliance
Site coverage Lot 361: No, variation considered
acceptable
> 9m and < 15m Ground floor: 39.8%
First floor: 37.1%
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Single storey dwellings: 60%
Lot 362:
Lots < 375m2, upper level no
more than 40% of lot area Ground floor: 47.8%
First floor: 44.6%
The upper floor of lot 362 is
111.5m2 which equates to a
site coverage of 44.6%. This
minor increase in floor area
of 11.5m2 is comparable to
the size of a small bedroom.
The proposed dwelling
complies with the setback
and landscaped area
controls of the DCP and
meets the objectives of the
zone. There are no
significant solar access
impacts on adjoining
properties to the north or
east as demonstrated by
Attachment 7. The minor
variation to the upper floor
site coverage of lot 362 is
considered acceptable.
Visual and acoustic privacy The window located in the No, variation considered
centre of the second storey acceptable
Habitable room windows northern (side) setback of lot
with a direct sightline to the 362 is a bedroom window.
habitable room windows in Bedrooms are considered
an adjacent dwelling within 9 low use/ activity rooms
metres are to: during daylight hours. The
potential for overlooking is
be obscured by fencing, minimal and the location and
screens or appropriate size of the windows are
landscaping; or considered appropriate (see
Attachment 7). The sill
be offset from the edge height of the window is
of one window to the above the ceiling height of
edge of the other by a the adjoining single storey
distance sufficient to limit dwelling and will not have an
views into the adjacent adverse privacy impact. The
window; or location of the upper storey
window is therefore
have a sill height of 1.7 considered acceptable
metres above floor level; despite the non-compliance.
or
have fixed obscure
glazing in any part of the
window below 1.7
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metres above floor level;
or
Second storey windows
on side elevations are
only to be located at the
rear or front of the
dwelling.
The DCP also includes a control relating to the orientation of corner lots/ dwellings which is
considered below.
Control Comment
3.1.3 Corner Lots The subject application proposes two semi-
detached dwellings with both entrances and
Garages on corner lots are encouraged to garages oriented towards Dressage Street.
be accessed from the secondary street or Whilst the DCP encourages corner lots to be
rear lane accessed from the secondary street the
most suitable outcome of this development
is to orient both garages and entry points
towards Dressage Street. Due to the lot
depth and shape proposed lot 361 would not
be able to provide for a garage with
complying front and rear setbacks if it was
orientated towards George Street sufficiently
clear of the intersection as required by AS
2890.1. The garage fronting Dressage
Street is able to comply with all DCP
controls and Australian Standards relating to
garages. Lastly, George Street is a collector
road whilst Dressage Street is a local road.
The garage location is therefore considered
acceptable for the reasons above.
5. Issues Raised in Submissions
The proposal was notified to nearby and adjoining properties between 11 January 2021 and
1 February 2021. A total of 18 submissions were received in response to the notification
period. Due to the number of submissions received and similar concerns raised in those
submissions, the issues/ concerns raised are summarised below.
Issue/ Objection Comment
Concern is raised from an infrastructure Sydney Water will be notified of the
perspective with the following comments determination of this development
provided: application Sydney Water would be required
for sewer and water services to be upgraded
Current infrastructure will not have the if and where required.
capacity to manage stormwater runoff as
well as electricity, Sydney Water, NBN and The site is zoned for residential development
gas services. The proposed dwelling may which was considered as part of the broader
affect the delivery of services to houses zoning of the Box Hill area and associated
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Issue/ Objection Comment
already existing on the street. lot servicing. The development of this site
was considered at that time and the number
Having two properties on a block that was of lots/ dwellings would have been
designed for one singular dwelling will create considered at that time by each service
nuisance flooding. The rainwater tank size provider.
should be increased to manage this.
Stormwater runoff and associated nuisance
Objector wishes to ensure the protection of flooding has been addressed through the
footpaths, stormwater systems and streets/ assessment of the application which is
vehicles during construction works. required to drain to the temporary basin
located at 17 Dressage Street and 16
Brindle Parkway which was created for the
purposes of Stormwater Management of the
parent site until the regional basin is
complete. The design of stormwater runoff is
to be in accordance with Council’s
requirements and will not cause any
increased flood impacts.
Conditions of consent have been imposed to
ensure to protection of public assets during
construction.
Concern is raised from a zoning perspective The subject site forms part of the Box Hill
with the following comments provided in a growth centres area which was established
number of submissions: in December 2012.
Land purchased in a low residential area The development of the land for residential
where lots cannot be subdivided below properties over the site began at the end of
300m2. Result is two small blocks with high2016 following the approval of the parent
density housing. residential subdivision in May 2016. The
proposed subdivision and construction of
Does not meet R2 zoning objectives. semi-detached dwellings are a permissible
uses in the R2 zone which applies to the
Does not meet zoning requirements of the subject site.
area.
The zoning of land and permissible uses
Understanding of the area to have a mix of within Box Hill are based on extensive
medium density houses on one side of the studies and planning which identifies that the
street and high density dwellings on the R2 zoned land can accommodate for semi-
other which the development is not in line detached and dual occupancy dwellings and
with. meet all the requirements of the R2 zone
without compromising the intended low
density character.
It is agreed that there is little difference in
the controls that apply to this form of
development in the R2 and R3 zones in
Section 4 of the Growth Centres SEPP.
Concern is raised from a traffic and parking Clause 3.1.4 of the DCP requires each
perspective with the following comments dwelling to address each street frontage but
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Document Set ID: 19523257
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Issue/ Objection Comment
provided in a number of submissions: does not require dwellings to be oriented
towards each frontage. Proposed lot/
Clause 3.1.4 of the DCP requires corner lots dwelling 361 is able to positively address
to address both street frontages. The George street through the use of colours,
application does not address this. Each finishes and architectural features.
dwelling should be oriented towards a
different street. This will minimise traffic and The additional dwellings proposed on the
will allow cars and pedestrians to proceed street block will not result in the exceedance
with safety through reduced crossovers and of the draft maximum density requirement as
maximise on street car parking spaces. per the draft SEPP and has been detailed
above. One additional dwelling will create a
Adding a duplex to the street will result in negligible impact on traffic generation in the
higher density and more traffic, making it area and is not expected to create any
unsafe for children and families living on the increased safety risk. Driveways are not able
street and those using Equinox Reserve. to be oriented towards George Street
Driveways should face George street where without varying setback controls and
the road is wider and allows for more traffic. creating privacy impacts. Both driveways
oriented towards Dressage Street which is
People will use their garage for storage and considered the most suitable outcome for
park in the driveway/ on the street. The this form of proposed development on this
proposed development will bring an site.
additional four cars to the street.
Council is unable to enforce that garages be
The proposal only allows for a single car used to park cars. Each dwelling is provided
garage, this is not seen on Dressage Street, with adequate space to park two cars which
there will be cars on the street, making the comply with the DCP parking requirements.
parking situation worse than already is.
Several existing dwellings within the locality
No visitor parking – parking for children if have single garages such as those on
density is increased. numbers 4, 6 and 12 Dressage Street. The
proposed dwellings allow for adequate
Most driveways cannot fit cars so cars will driveway space to accommodate for a
park on the street. stacked parking arrangement.
In addition to the development on 71 George Separate/ specific visitor parking is not
Street, the street will become dangerous and required to be provided for semi-detached
cluttered, creating blind spots for vehicles. dwelling houses.
Fence to be constructed (lapped and capped The proposed driveways have been
or colourbond) may be issue when reversing designed to Australian Standards and are
car out of driveway creating a blind spot. able to accommodate for the parking of cars.
The development application at 71 George
street is currently under assessment and
has not been approved.
The application has been assessed against
Australian Standard 2890.1. Specifically
Section 3.2.4 Sight Distance at Access
Driveway and the sight distance from a car
reversing from 67 George Street is
adequate. Timber slatted decorative fencing
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Issue/ Objection Comment
has been recommended as per Condition 1
below.
Concern is raised from a residential amenity The window referred to in the submission is
perspective with the following comments a bedroom window. Bedrooms are
provided in a number of submissions: considered low use/ activity rooms during
daylight hours. The potential for overlooking
Windows north east – privacy issue into is minimal and the location and size of the
single storey house. windows are considered appropriate (see
Attachment 7). The proposed double storey
Noise pollution will be created by the dwellings are located adjacent to single
development. storey dwellings at 3 Dressage Street and
67 George Street. Therefore all upper storey
Duplex developments bring down the windows do not allow for overlooking into the
aesthetic of the area and increase feel of living spaces of the adjoining dwellings. All
overcrowding. ground floor windows facing neighbouring
properties are obscured by a 1.8m high
The development will have unacceptable fence.
overshadowing and privacy impacts.
Two additional dwellings are not expected to
The rear and side fencing will block the create an unreasonable amount of noise
street view of 67 George Street. pollution in an R2 zoned area.
Concern is raised from a DCP compliance The applicant has corrected the description
perspective with the following comments from Liverpool to Box Hill. The application is
provided in a number of submissions: compliant with the requirements of the Box
Hill DCP with the exception of first floor site
Reference is made to Liverpool DCP and not coverage and window location.
Box Hill. The applicant is trying to get around
the requirements of our Council. The applicant has indicated that 59m is a
typo and has been corrected to 5.9m.
Page 2 of SEE indicates a rear setback of
59m. Proposed lot 362 has a minor variation to
the site coverage as discussed above. This
Thought that both lots will not be compliant variation is considered minor in nature.
with site coverage.
Retaining wall details have been provided on
Proposed retaining wall details not provided. the submitted elevations (refer to
Attachment 7).
Street trees not shown on landscape plan.
All setbacks are compliant with the Box Hill
It is thought the setbacks are non-compliant DCP.
with the DCP.
The FFL and GFL has been assessed and
FFL and GFL need to be checked with the do not create unacceptable building heights.
requirements of the DCP.
The application is subject to the controls of
Does not comply with the requirements of the Box Hill DCP rather than The Hills DCP.
the fact sheet for dual occupancy The fact sheet for dual occupancy
development in the hills, requiring 600m2 development in The Hills is not applicable to
blocks. 250m2 block are small and do not this site. Both lots comply with the minimum
comply with the requirements of the R2 lot size as discussed in prior sections of this
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Issue/ Objection Comment
zone. report.
Concern is raised from a streetscape Dwellings houses are permitted in the R2
perspective with the following comments zone and semi-detached dwelling houses
provided in a number of submissions: are permitted as per the Box Hill DCP,
providing the same visual outcome as an
Site is not suitable for dual occupancy as it is attached dual occupancy, permissible in the
not in line with the streetscape. Separation R2 zone under the Growth Centres SEPP.
between buildings should be provided.
Landscaped/ pervious areas are provided for
I know this is an R2 approved dwelling and both proposed dwellings in excess of the
the streetscape will suffer if a dual minimum requirement of the Box Hill DCP.
occupancy is permitted.
No existing approvals are present over the
Having both entrances on dressage street site.
not supported. If this is approved the
developer will do the same on the opposite There are numerous attached dual
lot and there will be 4 houses in a small area. occupancies within the locality that are
located on corner blocks. Such as 2 Brindle
The development does not conform with the Parkway located 14m east of the subject
surrounding neighbourhood, I don’t agree to site.
have any shared driveway in my
neighbourhood. The two abutting single car driveways
proposed provide the same outcome as a
The streetscape will be compromised with double car driveway. There are several
minimal landscaped area on the property, examples of driveways of a similar width
filled with brick and concrete. such as numbers 9, 13 and 15 Dressage
Street.
Not keeping with the plan of the surrounding
area, surrounding streets all single titled The each lot created under the subject
homes, the master plan has accommodated application is individually titled and complies
for higher density housing options. with the minimum lot size requirement. The
R2 zone permits semi-detached dwellings/
dual occupancies.
Concern is raised from a financial There is no mechanism for Council to
perspective with the following comments substantiate, quantify or consider perceived
provided in a number of submissions: financial impacts on property values arising
from the development of surrounding land
The value of property will be reduced in the nor is this a planning issue.
locality as a result of this development.
Real estate agents will not sell these houses
because of how bad their work is.
Concern is raised that the block was The lot was created under the parent
designed to have two houses facing towards application free from any restriction
George Street. precluding the lot being further subdivided or
restricting the orientation/ entry of dwellings
towards George Street. The reasoning
behind the proposed orientation and access
arrangements have been considered in the
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Issue/ Objection Comment
report.
Concern is raised by multiple objectors that The lot was created under the parent
the development should be a single dwelling application free from any restriction
facing George Street as the site is only pertaining to future subdivision or
suitable for this form of development and development otherwise permitted by the
dual occupancies on corner blocks should Growth Centres SEPP.
not be approved. It is it unfair for those
moving into the area expecting it to be a Dual occupancies and semi-detached
single residential dwelling area to have a mix dwellings are permissible in the R2 zone and
of dual occupancy dwellings. have been since the gazettal of the Growth
Centres SEPP in December 2012 prior to
any residential development occurring.
Concern is raised that a 4 to 5 year old street The street tree proposed to be removed
tree will be removed where the driveway is must be replaced. Refer to recommended
proposed. Condition 15 below.
6. Internal Referrals
The development application was assessed by Council staff with respect to the following.
Engineering
Building
Landscaping
Waste Management
No objections were raised with the development application (as amended) subject to
conditions.
7. External Referrals
The application was referred to Sydney Water as the proposal involves development within a
growth centre area where development activity/ demand needs to be tracked from a
provision of services perspective. A response from Sydney Water dated 1 February 2021
provided comments relating to the servicing needs of the development that are captured by
recommended conditions included below. A copy of the response from Sydney Water is
provided in Attachment 8.
CONCLUSION
The development application has been assessed against the relevant heads of
consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979,
State Environmental Planning Policy (Sydney Region Growth Centres) 2006 – Appendix 11
The Hills Growth Centre Precincts Plan and the Box Hill Growth Centre Precincts
Development Control Plan and is considered satisfactory subject to conditions. The
variations to the Development Control Plan are minor and have been addressed in the
report. The development application was notified locally and 18 unique submissions were
received. The concerns raised in those submissions have been addressed in the report and
do not warrant further amendment or refusal of the development application.
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IMPACTS
Developer Contributions
The Forward Planning team have recommended payment of a Section 7.11 contribution.
The proposal is also subject to payment of a State Infrastructure Contribution. Relevant
recommended conditions relating to Section 7.11 and State Infrastructure Contributions have
been imposed (refer to Conditions 16 and 21 below).
Financial
This matter has no direct financial impact upon Council’s adopted budget or forward
estimates.
The Hills Future Community Strategic Plan
The proposed development is consistent with the planning principles, vision and objectives
outlined within Hills 2026 – Looking Towards the Future as the proposed development
provides for satisfactory urban growth without adverse environmental or social amenity
impacts and ensures a consistent built form is provided with respect to the streetscape and
general locality.
RECOMMENDATION
It is recommended that the application be approved subject to the following conditions.
GENERAL MATTERS
1. Approved Plan
The development must be carried out in accordance with the approved plans and other
supporting documentation listed below, except where amended by other conditions of
consent:
Drawing: Description: Prepared: Revision: Date:
8322-36 Plan of Victoria Tester - 24 November
Subdivision 2020
A.01 Location Plan The Bathla B 1 March 2021
Site Analysis Group
Roof Plan
A.02 Site Plan The Bathla B 1 March 2021
Group
A.03 Ground Floor The Bathla B 1 March 2021
Plan Group
A.04 First Floor Plan The Bathla A 1 March 2021
Group
A.05 Elevations 01 The Bathla B 1 March 2021
Group
A.06 Elevations 02 The Bathla B 1 March 2021
Group
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A.07 Sections and The Bathla B 1 March 2021
Window Group
Schedule
A.08 Sections The Bathla A 1 March 2021
Group
LP.01 Landscape Plan The Bathla B 1 March 2021
Group
Where a Construction Certificate or Subdivision Works Certificate is required no work is to
be undertaken before it has been issued.
The following additional requirements apply.
a) The secondary street fencing for lot 361 is to be of a decorative style. Decorative style
fencing is typically made of high quality materials, such as a timber-slat design between
masonry piers or a horizontally slatted fence. Incorporating landscaping into the design
of the fence or in front of the fence to screen it is also required. The fencing and
landscaping is to be amended in line with this requirement and included on plans
submitted with any application for a Construction Certificate.
2. Construction Certificate
Prior to construction of the approved development, it is necessary to obtain a Construction
Certificate. A Construction Certificate may be issued by Council or a Registered Certifier.
Plans submitted with the Construction Certificate are to be amended to incorporate the
conditions of the development consent.
3. Subdivision Certificate Preliminary Review
Prior to the submission of a Subdivision Certificate application a draft copy of the final plan,
administration sheet and Section 88B instrument (where included) must be submitted in
order to establish that all conditions have been complied with.
Street addresses for the lots within this subdivision will be allocated as part of this
preliminary check process, for inclusion on the administration sheet.
4. Process for Council Endorsement of Legal Documentation
Where an encumbrance on the title of the property is required to be released or amended
and Council is listed as the benefiting authority, the relevant release or amendment
documentation must be submitted along with payment of the applicable fee as per Council’s
Schedule of Fees and Charges. Sufficient time should be allowed for the preparation of a
report and the execution of the documents by Council.
5. BCA Compliance
All building work must be carried out in accordance with the provisions of the Building Code
of Australia.
6. Management of Construction and/ or Demolition Waste
Waste materials must be appropriately stored and secured within a designated waste area
onsite at all times, prior to its reuse onsite or being sent offsite. This includes waste materials
such as paper and containers which must not litter the site or leave the site onto
neighbouring public or private property. A separate dedicated bin must be provided onsite by
the builder for the disposal of waste materials such as paper, containers and food scraps
generated by all workers. Building waste containers are not permitted to be placed on public
property at any time unless a separate application is approved by Council to locate a
building waste container in a public place.
Any material moved offsite is to be transported in accordance with the requirements of the
Protection of the Environment Operations Act 1997 and only to a place that can lawfully be
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used as a waste facility. The separation and recycling of the following waste materials is
required: metals, timber, masonry products and clean waste plasterboard. This can be
achieved by source separation onsite, that is, a bin for metal waste, a bin for timber, a bin for
bricks and so on. Alternatively, mixed waste may be stored in one or more bins and sent to a
waste contractor or transfer/sorting station that will sort the waste on their premises for
recycling. Receipts of all waste/recycling tipping must be kept onsite at all times and
produced in a legible form to any authorised officer of the Council who asks to see them.
Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10m2 or more
of asbestos sheeting) must provide information to the NSW EPA regarding the movement of
waste using their WasteLocate online reporting tool:
www.wastelocate.epa.nsw.gov.au
7. Disposal of Surplus Excavated Material
The disposal of surplus excavated material, other than to a licenced waste facility, is not
permitted without the previous written approval of Council prior to works commencing on
site. Any unauthorized disposal of waste, which includes excavated material, is a breach of
the Protection of the Environment Operations Act 1997 and subject to substantial penalties.
Receipts of all waste/ recycling tipping must be kept onsite at all times and produced in a
legible form to any authorised officer of the Council who asks to see them.
8. Commencement of Domestic Waste Service
A domestic waste service must be commenced with Council and its Contractor. The service
must be arranged no earlier than two days prior to occupancy and no later than seven days
after occupancy of the development. All requirements of Council’s domestic waste
management service must be complied with at all times. Contact Council’s Resource
Recovery Team on (02) 9843 0310 to commence a domestic waste service.
9. Provision of Kitchen Waste Storage Cupboard
Waste storage facility must be provided in each unit/ dwelling to enable source separation of
recyclable material from residual garbage. Each unit/ dwelling must have a waste storage
cupboard provided in the kitchen with at least two removable indoor bins with a minimum
capacity of 15 litres each. The bins provided should allow convenient transportation of waste
from the kitchen to the main household bins or waste disposal point. The Principal Certifier
must visually confirm in person, or receive photographic evidence validating this requirement
prior to the issue of any Occupation Certificate.
10. Provision of Domestic Waste Storage Area/s
A bin storage area sized for a minimum of three 240 litre bins must be provided within the lot
boundaries. Two areas are required where there is a secondary dwelling. The area/s must
be screened from view from public land and neighbouring residential property and are to be
located behind the building line in the rear courtyard, side access path or a dedicated area in
the garage. A flat or ramped bin transfer path must be provided leading directly from the bin
storage area/s to the approved bin collection point along the kerbside. The path must have a
minimum clear floor width of 820mm, must not exceed a grade of 7% (1:14), be free of steps
and must be external to the dwelling (excludes garage). An associated clear nature strip
length of 1.66m must be dedicated along the kerbside for each dwelling for bin presentation.
The dimensions of a 240 litre bin are 735mm deep, 580mm wide and 1080mm high.
11. Protection of Public Infrastructure
Adequate protection must be provided prior to work commencing and maintained during
building operations so that no damage is caused to public infrastructure as a result of the
works. Public infrastructure includes the road pavement, kerb and gutter, concrete footpaths,
drainage structures, utilities and landscaping fronting the site. The certifier is responsible for
inspecting the public infrastructure for compliance with this condition before an Occupation
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Certificate or Subdivision Certificate is issued. Any damage must be made good in
accordance with the requirements of Council and to the satisfaction of Council.
12. Minor Engineering Works
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.
Works within an existing or proposed public road, or works within an existing or proposed
public reserve can only be approved, inspected and certified by Council. The application
form for a minor engineering works approval is available on Council’s website and the
application and inspection fees payable are included in Council’s Schedule of Fees and
Charges.
a) Driveway Requirements
The design, finish, gradient and location of all driveway crossings must comply with the
above documents and Council’s Driveway Specifications.
The proposed driveway/s must be built to Council’s residential standard.
A separate vehicular crossing request fee is payable as per Council’s Schedule of Fees and
Charges.
b) Site Stormwater Drainage
The entire site area must be graded, collected and drained by pits and pipes to a suitable
point of legal discharge.
c) 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.
A detailed design plan showing full construction details must be prepared by a hydraulic
engineer. This plan must be included with the documentation approved as part of any
Construction Certificate.
13. Vehicular Crossing Request
Each driveway requires the lodgement of a separate vehicular crossing request
accompanied by the applicable fee as per Council’s Schedule of Fees and Charges. The
vehicular crossing request must be lodged before an Occupation Certificate is issued. The
vehicular crossing request must nominate a contractor and be accompanied by a copy of
their current public liability insurance policy. Do not lodge the vehicular crossing request until
the contactor is known and the driveway is going to be constructed.
14. Planting Requirements
All trees planted as part of the approved landscape plan are to be minimum 75 litre pot size.
All shrubs planted as part of the approved landscape plan are to be minimum 200mm pot
size. Groundcovers are to be planted at 5/m2.
15. Street Tree Removal and Replacement
Approval is granted for the removal of one street tree located on the Dressage Street
frontage that will be impacted by works associated with the driveway crossovers.
To maintain the streetscape a minimum 75L replacement tree of the same species is to be
planted on the Council nature strip fronting Dressage Street. An additional street tree of the
same size is also to be planted on the George Street frontage (of the same species as the
existing street tree on George Street).
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All tree works are to be undertaken by the owner/ applicant at their cost. Prior to any works
commencing on site, the owner/ applicant must provide the following details to Council’s
Manager – Environment and Health:
Time and date of when the tree works will occur.
Full details of the contractor who will be undertaking tree works.
Current copy of the contractors Public Liability Insurance (minimum $10,000,000).
The owner/ applicant is to keep a photographic record pre and post tree removal works of
the tree and surrounding Council infrastructure (concrete footpath, kerb and gutter) and
provide these to Council upon request. The grass verge must be reinstated with any holes
filled to existing natural ground level.
PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE/ SUBDIVISION WORKS
CERTIFICATE
16. Western Sydney Growth Areas – Payment of Special Infrastructure Contribution
A special infrastructure contribution is to be made in accordance with the Environmental
Planning and Assessment (Special Infrastructure Contribution – Western Sydney Growth
Areas) Determination 2011, as in force when this consent becomes operative.
Information about the special infrastructure contribution can be found on the Department of
Planning and Environment website:
http://www.planning.nsw.gov.au/
Please contact the Department of Planning and Environment regarding arrangements for the
making of a payment.
17. Security Bond Requirements
A security bond may be submitted in lieu of a cash bond. The security bond must:
Be in favour of The Hills Shire Council;
Be issued by a financial institution or other accredited underwriter approved by, and in a
format acceptable to, Council (for example, a bank guarantee or unconditional insurance
undertaking);
Have no expiry date;
Reference the development application, condition and matter to which it relates;
Be equal to the amount required to be paid in accordance with the relevant condition;
Be itemised, if a single security bond is used for multiple items.
Should Council need to uplift the security bond, notice in writing will be forwarded to the
applicant 14 days prior.
18. Security Bond – Road Pavement and Public Asset Protection
In accordance with Section 4.17(6) of the Environmental Planning and Assessment Act
1979, a security bond of $10,000.00 is required to be submitted to Council to guarantee the
protection of the road pavement and other public assets in the vicinity of the site during
construction works. For low scale, low impact residential development a reduced amount
based on a rate of $5,000.00 per unit/ dwelling is instead used.
The bond must be lodged with Council before a Construction Certificate is issued.
The bond is refundable upon written application to Council and is subject to all work being
restored to Council’s satisfaction. Should the cost of restoring any damage exceed the value
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of the bond, Council will undertake the works and issue an invoice for the recovery of these
costs.
19. Erosion and Sediment Control Plan
The detailed design must be accompanied by an Erosion and Sediment Control Plan
(ESCP) prepared in accordance with the Blue Book and Council’s Works Specification
Subdivision/ Developments.
An ESCP must include the following standard measures along with notes relating to
stabilisation and maintenance:
Sediment fencing.
Barrier fencing and no-go zones.
Stabilised access.
Waste receptacles.
Stockpile site/s.
20. Engineering Works
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”.
Works within an existing or proposed public road, or works within an existing or proposed
public reserve can only be approved, inspected and certified by Council.
Depending on the development type and nature and location of the work the required
certificate or approval type will differ. The application form covering these certificates or
approvals is available on Council’s website and the application fees payable are included in
Council’s Schedule of Fees and Charges.
The earthworks plan prepared by Bathla Group Revision B dated 01/03/2021 is for
development application purposes only and is not to be used for construction. The design
and construction of the engineering works listed below must reflect the concept engineering
plan and the conditions of consent.
a) Earthworks/ Site Regrading
Earthworks and retaining walls are limited to those locations and heights shown on the
earthworks plans prepared by Bathla Group Revision B dated 01/03/2021. Where
earthworks are not shown on the approved plan the topsoil within lots must not be disturbed.
Retaining walls between lots must be located on the high side lot that is being retained, save
the need for easements for support on the low side lot adjacent.
21. Section 7.11 Contribution
The following monetary contributions must be paid to Council in accordance with Section
7.11 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:
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Purpose: Purpose: No. of
Subdivision Credit No. of Lots: 2 Credits: 1 Total S7.11
Open Space - Land $14,535.20 $14,535.20 $ 29,070.39 $ 14,535.20 $ 14,535.20
Open Space - Capital $8,836.38 $8,836.38 $ 17,672.76 $ 8,836.38 $ 8,836.38
Transport Facilities - Land $3,764.85 $3,764.85 $ 7,529.71 $ 3,764.85 $ 3,764.85
Transport Facilities - Capital $9,492.65 $9,492.65 $ 18,985.29 $ 9,492.65 $ 9,492.65
Administration $363.92 $363.92 $ 727.84 $ 363.92 $ 363.92
Water Management - Land (KCP) $5,782.10 $5,782.10 $ 11,564.19 $ 5,782.10 $ 5,782.10
Water Management - Capital (KCP) $6,431.68 $6,431.68 $ 12,863.35 $ 6,431.68 $ 6,431.68
Total $ 49,206.77 $49,206.77 $ 98,413.53 $ 49,206.77 $ 49,206.77
The contributions above are applicable at the time this consent was issued. Please be aware
that Section 7.11 contributions are updated at the time of the actual payment in accordance
with the provisions of the applicable plan.
Prior to payment of the above contributions, the applicant is advised to contact Council’s
Development Contributions Officer on 9843 0555. 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 15 – Box Hill
(Killarney Chain of Ponds).
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.
PRIOR TO WORK COMMENCING ON THE SITE
22. Builder and Principal Certifier Details
The builders name, address, telephone and fax numbers must be submitted to the Principal
Certifier before building works commence. Where Council is not the Principal Certifier,
Council must be notified of the Principal Certifier in writing two days before building works
commence in accordance with the Regulations.
23. Construction Waste Management Plan Required
Prior to the commencement of works, a Waste Management Plan for the construction and/
or demolition phases of the development must be submitted to and approved by the
Principal Certifier. The plan should be prepared in accordance with The Hills Development
Control Plan 2012 Appendix A. The plan must comply with the waste minimisation
requirements in the relevant Development Control Plan. All requirements of the approved
plan must be implemented during the construction and/ or demolition phases of the
development.
24. Property Condition Report – Public Assets
A property condition report must be prepared and submitted to Council recording the
condition of all public assets in the direct vicinity of the development site. This includes, but
is not limited to, the road fronting the site along with any access route used by heavy
vehicles. If uncertainty exists with respect to the necessary scope of this report, it must be
clarified with Council before works commence. The report must include:
Planned construction access and delivery routes; and
Dated photographic evidence of the condition of all public assets.
25. Erosion and Sediment Control
The approved ESCP measures must be in place prior to works commencing and maintained
during construction and until the site is stabilised to ensure their effectiveness. For major
works, these measures must be maintained for a minimum period of six months following the
completion of all works.
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DURING CONSTRUCTION
26. Hours of Work
Work on the project to be limited to the following hours:
Monday to Saturday 7:00am to 5:00pm.
No work to be carried out on Sunday or Public Holidays.
The builder/ contractor shall be responsible to instruct and control sub-contractors regarding
the hours of work.
27. Standard of Works
All work must be carried out in accordance with Council’s Works Specification Subdivisions/
Developments and must include any necessary works required to make the construction
effective. All works, including public utility relocation, must incur no cost to Council.
28. Compliance with BASIX Certificate
Under Clause 97A of the Environmental Planning and Assessment Regulation 2000, all
commitments listed in the following BASIX Certificates (and any subsequent revisions of the
same certificate number) submitted with the application must be complied with:
Lot/ Dwelling No. BASIX Certificate No.
1 Dressage Street 1157709M
PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE/ SUBDIVISION CERTIFICATE
29. Subdivision Certificate Application
When submitted, the Subdivision Certificate application must include:
One copy of the final plan.
The original administration sheet and Section 88B instrument.
All certificates and supplementary information required by this consent.
An AutoCAD copy of final plan (GDA2020/ MGA Zone 56).
30. Landscaping
The landscaping of the site must be finalised as per the approved plan. Landscaping must
be maintained at all times.
31. Satisfactory Final Inspection
A final inspection must be carried out before an Occupation Certificate if issued. An
Occupation Certificate must be issued before the dwellings are occupied.
32. Maintenance of BASIX Commitments
All BASIX requirements must be implemented before an Occupation Certificate is issued and
maintained throughout the life of the proposed development in accordance with the
approved BASIX Certificates.
33. Property Condition Report – Public Assets
Before an Occupation Certificate is issued, an updated property condition report must be
prepared and submitted to Council. The updated report must identify any damage to public
assets and the means of rectification for the approval of Council.
34. Completion of Engineering Works
An Occupation Certificate must not be issued prior to the completion of all engineering works
covered by this consent, in accordance with this consent.
35. Section 73 Compliance Certificate
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A Section 73 Compliance Certificate issued under the Sydney Water Act 1994 must be
obtained from Sydney Water confirming satisfactory arrangements have been made for the
provision of water and sewer services. Application must be made through an authorised
Water Servicing Coordinator. The certificate must refer to this development consent and all
of the lots created.
36. Provision of Telecommunication Services
The developer (whether or not a constitutional corporation) is to provide evidence
satisfactory to the Certifying Authority that arrangements have been made for:
The installation of fibre-ready facilities to all individual lots and/ or premises in a real estate
development project so as to enable fibre to be readily connected to any premises that is
being or may be constructed on those lots. 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 fibre-ready facilities to all
individual lots and/ or premises in a real estate development project demonstrated through
an agreement with a carrier.
Real estate development project has the meanings given in Section 372Q of the
Telecommunications Act 1978 (Cth).
For small developments, NBN Co will issue a Provisioning of Telecommunications Services
– Confirmation of Final Payment. For medium and large developments, NBN Co will issue a
Certificate of Practical Completion of Developers Activities.
For non-fibre ready facilities, either an agreement advice or network infrastructure letter must
be issued by Telstra confirming satisfactory arrangements have been made for the provision
of telecommunication services. This includes the undergrounding of existing overhead
services, except where a specific written exemption has been granted by Council.
A copy of the works as executed (WAE) plans for the telecommunications infrastructure
must also be submitted.
37. Provision of Electrical Services
Submission of a notification of arrangement certificate confirming satisfactory arrangements
have been made for the provision of electrical services. This must include the under-
grounding of the existing electrical services fronting the site and removal of all redundant
poles and cables, unless otherwise approved by Council in writing. The certificate must refer
to this development consent and all of the lots created.
38. Site/ Lot Classification Report
A site/ lot classification report prepared by a geotechnical engineer must be prepared and
submitted following the completion of all subdivision works confirming that all residential lots
are compliant with AS 2870 and are suitable for development. The report must be
accompanied by a table which summarises the classification of all lots created as part of the
subdivision.
39. Landscaping and Street Tree Planting Prior to Issue of any Occupation Certificate
Landscaping of the site, including street tree planting, shall be carried out prior to issue of an
Occupation Certificate. The street tree planting and landscaping shall be certified to be in
accordance with the approved plan and any additional conditions of this consent by an
Accredited Landscape Architect.
All landscaping is to be maintained at all times in accordance with DCP Part C, Section 3 –
Landscaping and the approved landscape plan.
THE USE OF THE SITE
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Document Set ID: 19523257
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