Draft Minutes - 10 January 2013

MINUTES of the duly convened Delegated Authority Meeting of The Hills Shire Council held in the Council Chambers on 10 January 2013

This is of the Minutes of the Delegated Authority Meeting of The Hills Shire Council held on 10 January 2013

ITEM SUBJECT PAGE ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA NO. 278/2008/HA/C - SECTION 96(1A) MODIFICATION TO AN APPROVED CAR WASH - LOT 2 DP 120022, LOT 81 DP 1017048 - 255-257 OLD NORTHERN ROAD, CASTLE HILL

37

ITEM-3 DA NO. 441/2013/MA - A CARPORT - LOT 1 DP 537402 - 109A CECIL AVENUE, CASTLE HILL

39

ITEM-4 DA 14/2013/ZB - SUBDIVISION CREATING 58 RESIDENTIAL LOTS OVER TWO STAGES - LOT 1 DP 510983, LOT 2 DP 510983, LOT 1 DP 575062, LOT 3 DP 575062, LOT 3 DP 581603 – 1, 3, 3A, 5 AND 11A BARRY ROAD KELLYVILLE

3

ITEM-5 DA 1210/2011/HB - PROPOSED CENTRAL PRECINCT PLAN - LOTS 8 AND 23 DP 270520 WINDSOR ROAD, ROUSE HILL

42



1 PRESENT

Clr Dr M R Byrne (Mayor, in the Chair) General Manager - Dave Walker

2 IN ATTENDANCE

Group Manager Strategic Planning - Michael Edgar Group Manager Business Services - Stewart Bates Group Manager Customer Services - Mark Stanton Acting Group Manager Environment & Planning - Mark Colburt

3 APOLOGIES

Nil.

4 TIME OF COMMENCEMENT

11.00am

5 TIME OF COMPLETION

11.12am

6 DECLARATIONS OF INTEREST

Nil.

7 ARRIVALS AND DEPARTURES

Nil.

8 DISSENT FROM COUNCIL'S DECISIONS

Nil.

9 ADJOURNMENT & RESUMPTION

Nil.



ITEM-1 CONFIRMATION OF MINUTES A MOTION WAS MOVED BY GENERAL MANAGER DAVE WALKER AND SECONDED BY MAYOR COUNCILLOR DR BYRNE THAT the Minutes of the Delegated Authority Meeting held on 19 December 2012 be confirmed. THE MOTION WAS PUT AND CARRIED.

10 RESOLUTION

The Minutes of the Delegated Authority Meeting held on 19 December 2012 be confirmed.

ITEM-4 DA 14/2013/ZB - SUBDIVISION CREATING 58 RESIDENTIAL LOTS OVER TWO STAGES - LOT 1 DP 510983, LOT 2 DP 510983, LOT 1 DP 575062, LOT 3 DP 575062, LOT 3 DP 581603 1, 3, 3A, 5 AND 11A BARRY ROAD KELLYVILLE

Proceedings in Brief Rob Allen of Kellyville (Objector) addressed Council regarding this matter. Warwick Morgan (Applicant) of Group Development Services addressed Council regarding this matter. A MOTION WAS MOVED BY GENERAL MANAGER DAVE WALKER AND SECONDED BY MAYOR COUNCILLOR DR BYRNE THAT the Recommendation contained in the report be adopted. THE MOTION WAS PUT AND CARRIED.

11 RESOLUTION

The development application be approved subject to the following conditions: ALL STAGES GENERAL MATTERS 1. Approved Plan The subdivision must be carried out in accordance with the approved master plan prepared by Group Development Services Pty Ltd Drawing DA01 Revision E dated 17 December 2012 except where amended by other conditions of consent.

Where a Construction Certificate is required, no work is to be undertaken before it has been issued.

2. Compliance with NSW Office of Water/ Rural Fire Service/Sydney Water Requirements Compliance with the requirements of the NSW Office of Water throughout all stages of the subdivision as outlined in their letter dated 13 August 2012 Ref 10ERM2012/0564 attached to this consent as Appendix A.

Compliance with the requirements of the NSW Rural Fire Service throughout all stages of the subdivision as outlined in their letter dated 7 December 2012 Ref D12/1558 attached to this consent as Appendix B.



Compliance with the requirements of Sydney Water throughout all stages of the subdivision as outlined in their advice below:

- The proponent is to liaise with the Sydney Water Stormwater Group (Ray Parsell 8849 4182) in order to identify the preferred location and means of discharge of stormwater into the Sydney Water trunk drainage corridor.

- The written approval of Sydney Water for the design of proposed stormwater discharge is to be obtained prior to the issue of any Construction Certificate for works related to or dependent upon any stormwater drainage system.

- It should be noted that this process may necessitate significant changes to stormwater drainage systems as proposed in the DA submission documents.

3. Contamination Assessment The recommendations of the Phase 1 Preliminary Site Assessment prepared by DLA Environmental, referenced as report No DL2920, dated July 2012 and Phase 2 Detailed Environmental Site Assessment prepared by DLA Environmental, referenced as Report No DL2920_S000014, dated 7 September 2012 and submitted as part of the Development Application.

All of the recommendations within both of these reports are to be implemented as part of this approval. 4. Salinity Assessment compliance The development must be undertaken in accordance with the Salinity and Aggressivity Assessment conducted by DLA Environmental, referenced as DL2920 and dated August 2012. All of the recommendations within the report are to be implemented as part of this approval. 5. Subdivision Certificate Pre-Lodgement Meeting/ Check Prior to the submission of a Subdivision Certificate application a final plan pre-lodgement meeting is required to establish that all conditions have been completed to the satisfaction of Council. Prior to a final plan pre-lodgement meeting a copy of the final plan and 88B Instrument must be submitted for checking.

6. Separate Application for Residue Lots A separate application must be submitted for any proposed development of the residue lots created by this subdivision.

7. Existing Dwelling – Connection to Sewer Should the existing dwelling be serviced by an on-site sewage management/wastewater system, the system must be removed and the dwelling connected to Sydney Water’s sewer network.

Should the existing dwelling be demolished this condition is deemed to be satisfied.

8. Street Naming Street naming must comply with Council’s approved street names map, a copy of which is available on Council’s website:

http://www.thehills.nsw.gov.au/

9. Street Trees (North Kellyville) Street trees must be provided for the section of Kinglake Street (proposed road one), Lakefield Avenue (proposed road two), Springbrook Boulevard (proposed road three) and Barry Road (existing) within or fronting the development site at a spacing of between 7m and 10m with a minimum of one tree per lot frontage. Corner lots must have a minimum of two trees and normally three trees. The location of street trees must



compliment driveway locations. The species and size of all street trees must comply with Council’s requirements and Section 3.5 and Appendix B from the North Kellyville DCP. Street trees can be provided by Council subject to payment of the applicable fee as per Council’s Schedule of Fees and Charges.

Further, street tree planting is required to be provided within the front yard/ setback of the community titled lots in the second stage, as there is no room within the road reserve itself to locate these trees. A minimum of one tree per lot is required, increasing to two lots (minimum) on corner lots.

10. Upgrading of Existing Water and Sewerage Services Should the development necessitate the installation or upgrade of water or sewerage services within an area that is either heavily vegetated or traversed by a natural watercourse, services must be located in a route that causes the least amount of impact on the natural environment. Excavation by hand or small machinery is required where the ecological impact would otherwise be considered excessive.

11. Recycled Water The subject site must be connected to Sydney Water’s Rouse Hill Recycled Water Scheme, unless written evidence from Sydney Water is submitted advising that this service is not available.

12. 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. This process includes the preparation of a report and the execution of the documents by Council. Sufficient time should be allowed before lodging a Subdivision Certificate application.

13. Water Sensitive Urban Design Handover Process An operations and maintenance plan must be prepared for all WSUD proposals. The operations and maintenance plan must include:

a) The location and type of each WSUD element, including details of its operation and design;

b) A brief description of the catchment characteristics, such as land uses, areas etc;

c) Estimated pollutant types, loads and indicative sources;

d) Intended maintenance responsibility, Council, landowner etc;

e) Inspection method and estimated frequency;

f) Adopted design cleaning/ maintenance frequency;

g) Estimate life-cycle costs;

h) Site access details, including confirmation of legal access, access limitations etc;

i) Access details for WSUD measure, such as covers, locks, traffic control requirements etc;

j) Description of optimum cleaning method and alternatives, including equipment and personnel requirements;

k) Landscape and weed control requirements, noting that intensive initial planting is required upfront to reduce the requirement for active weed removal;

l) A work method statement;

m) A standard inspection and cleaning form.



All constructed WSUD elements within public areas, being roads or drainage reserves, are to be transferred to Council at the end of the project. The following is required in order to facilitate this handover process:

n) The developer will be responsible for the maintenance of the item for a defined maintenance period agreed to by Council. For example, the consultation draft document entitled Managing Urban Stormwater: Urban Design prepared by the SMCMA and the then NSW DECCW suggests that the developer maintain WSUD elements within a subdivision until a given proportion of the dwellings on the lots created, say 80%, are erected and occupied.

o) The operations and maintenance plan for this element (above) is submitted to Council for review/ revision and subsequent approval.

p) Council staff inspects the WSUD measure to confirm that it is being maintained in accordance with the approved maintenance plan.

q) A whole of life assessment is provided for the WSUD measure which is based upon the expenses incurred during the maintenance period, and documentation is provided to confirm these expenses.

r) WAE drawings and any required engineering certifications are provided to Council.

s) Where water quality monitoring has been determined by Council as being required, monitoring results must be submitted to Council for review.

t) Details of all incidents including OHS incidents, public safety, WSUD performance and complaints received should be provided.

If Council determines that the WSUD measure is not complying with the conditions of this approval or monitoring identifies that it is not performing as anticipated, Council may request that alterations be made to the WSUD element prior to transfer.

For the purposes of complying with the above a WSUD treatment system is considered to include all functional elements of the system as well as any landscaped areas directly surrounding the system.

Refer to the consultation draft document entitled Managing Urban Stormwater: Urban Design (October 2007) prepared by the SMCMA and the then NSW DECCW for more information.

14. Road Opening Permit Should the subdivision/ development necessitate the installation or upgrading of utility services or any other works on Council land beyond the immediate road frontage of the development site and these works are not covered by a separate Engineering Construction Certificate required to be obtained by Council, as outlined elsewhere in this consent, then a separate road opening permit must be applied for and the works inspected by Council’s Restorations Coordinator.

The contractor is responsible for instructing sub-contractors or service authority providers of this requirement. Contact Council’s Construction Engineer if it is unclear whether a separate road opening permit is required or not.

15. Separate Development Application for Demolition of Buildings / Structures A separate development application or complying development certificate is required for the demolition of any existing buildings and/or structures within the subject site. This application is required to provide assessment against:

State Environmental Planning Policy No. 55

Local Environmental Plan 2012; and

The Hills Development Control Plan 2011



16. Tree Removal Approval is granted for the removal of those trees that are impacted by road and drainage works.

All other trees are to remain and are to be protected during all works and will be assessed as part of future development applications. Suitable replacement trees are to be planted upon completion of construction.

PRIOR TO THE ISSUE OF CONSTRUCTION CERTIFICATE 17. Bank Guarantee Requirements (Subdivision) Should a bank guarantee be proposed in lieu of works or for another purpose in order to facilitate release of the Subdivision Certificate it must:

a) Have no expiry date;

b) Be forwarded direct from the issuing bank with a cover letter that refers to this consent;

c) Specifically reference the items and amounts being guaranteed. If a single bank guarantee is submitted for multiple items it must be itemised.

Should it become necessary for Council to uplift the bank guarantee, notice in writing will be forwarded to the applicant fourteen days prior to such action being taken. No bank guarantee will be accepted that has been issued directly by the applicant.

18. Sediment and Erosion Control Plan A sediment and erosion control plan prepared in accordance with Council’s Works Specification Subdivision/ Developments must be submitted. The plan must include:

a) Allotment boundaries;

b) Adjoining roads;

c) Contours;

d) Existing vegetation;

e) Existing site drainage;

f) Critical natural areas;

g) Location of stockpiles;

h) Erosion control practices;

i) Sediment control practices; and

j) A maintenance program for the erosion and sediment controls.

19. Construction Management Plan A construction management plan must be submitted demonstrating how the potential for conflict between resident and construction traffic is to be minimised and managed throughout all stages of the development. The construction management plan must be submitted before a Construction Certificate is issued and complied with for the duration of works.

The construction management plan must also deal with:

a) The protection of the environmentally sensitive parts of the site during construction, specifically as part of the second stage.

b) Access for construction traffic to/ from the site. Unless specifically agreed to in writing, the existing access handle associated with 11A Barry Road is not to be used



for construction access due to its limited width and the high potential for impacts on adjoining land.

20. Works on Adjoining Land Where the engineering works included in the scope of this approval extend into adjoining land, written consent from all affected adjoining property owners must be obtained and submitted to Council before a Construction Certificate is issued.

21. Stormwater Discharge Acceptance Where the engineering works included in the scope of this approval necessitate the discharge of stormwater onto adjoining land, written consent from all affected adjoining property owners must be obtained and submitted to Council before a Construction Certificate is issued.

22. Stormwater Discharge to Trunk Drainage Land Stormwater connections to Sydney Water owned trunk drainage land must be approved by Sydney Water.

23. Stormwater Drainage to Natural Watercourse Stormwater connections to a natural watercourse must be approved by the NSW Office of Water.

PRIOR TO WORK COMMENCING ON THE SITE 24. Stormwater Management All existing stormwater pits to the site will be covered with geofabric sediment fencing to prevent sediment runoff into the stormwater system. To prevent sediment contamination the filters will be regularly inspected and replaced during the duration of the works.

25. Erosion and Sedimentation Controls – Minor Works Erosion and sedimentation controls shall be in place prior to the commencement of site works; and maintained throughout construction activities until the site is landscaped and/or suitably revegetated. The controls shall be in accordance with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

26. Stabilised Access Point A stabilised all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised. The controls shall be in accordance with the requirements with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

27. Erosion & Sediment Control Plan Kept on Site A copy of the Erosion and Sediment Control Plan must be kept on site at all times during construction and made available to Council officers on request.

28. Traffic Control Plan A Traffic Control Plan is required to be prepared in strict compliance with the requirements of AS 1742.3 and the current RMS Traffic Control and Work Sites Manual and submitted to Council for approval. The person preparing the plan must have the relevant RMS accreditation to do so. Where amendments to the approved plan are required, they must be submitted to Council for approval prior to being implemented.

29. Erection of Signage – Supervision of Work In accordance with Clause 98A(2) of the Environmental Planning and Assessment Regulations 2000, a sign is to be erected in a prominent position displaying the following information:



a) The name, address and telephone number of the Principal Certifying Authority (PCA). Where Council is the nominated PCA for the development, the following is to be displayed:

The Hills Shire Council

PO Box 75

CASTLE HILL NSW 1765

Phone (02) 9843 0555

b) The name of the person responsible for carrying out the works;

c) A telephone number on which the person responsible for carrying out the works can be contacted after hours;

d) That unauthorised entry to the work site is prohibited.

This signage must be maintained while the subdivision work is being carried out and must be removed upon completion.

30. Approved Plans to be Submitted to Sydney Water The approved plans must be submitted to a Sydney Water Quick Check agent to determine whether the development will affect any Sydney Water wastewater and water mains, stormwater drains and/or easement, and if any requirements need to be met. Plans will be appropriately stamped.

Please refer to the web site www.sydneywater.com.au for:

Quick Check agents details - See building and Developing then Quick Check

and

Guidelines for Building Over/Adjacent to /Sydney Water Assets - see Building and Developing then Building and Renovating.

or telephone 13 20 92.

31. Sediment and Erosion Control The approved sediment and erosion control measures, including a stabilised all weather access point, 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.

32. Protection of Existing Trees The trees that are to be retained are to be protected during all works strictly in accordance with AS4970- 2009 Protection of Trees on Development Sites.

At a minimum a 1.8m high chain-wire fence is to be erected at least three (3) metres from the base of each tree or group of trees and is to be in place prior to works commencing to restrict the following occurring:

Stockpiling of materials within the root protection zone, Placement of fill within the root protection zone, Parking of vehicles within the root protection zone, Compaction of soil within the root protection zone.

All areas within the root protection zone are to be mulched with composted leaf mulch to a depth of not less than 100mm.

A sign is to be erected indicating the trees are protected.

The installation of services within the root protection zone is not to be undertaken without prior consent from Council.



DURING CONSTRUCTION 33. Construction Noise The emission of noise from the construction of the development shall comply with the Interim Construction Noise Guideline published by the Department of Environment and Climate Change (July 2009).

34. Dust Control The emission of dust must be controlled to minimise nuisance to the occupants of the surrounding premises. In the absence of any alternative measures, the following measures must be taken to control the emission of dust:

Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the construction work.

All dusty surfaces must be wet down and suppressed by means of a fine water spray. Water used for dust suppression must not cause water pollution; and

All stockpiles of materials that are likely to generate dust must be kept damp of covered.

35. Stockpiles Stockpiles of topsoil, sand, aggregate or other material capable of being moved by water shall be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

36. Aboriginal Archaeological Sites or Relics (North Kellyville) If, during activities involving earthworks and soil disturbance, any evidence of an Aboriginal archaeological site or relic is found, all works on the site are to cease and the NSW Department of Environment, Climate Change and Water and the NSW Office of Environment and Heritage must be notified immediately.

37. National Parks and Wildlife Act 1974 (North Kellyville) Should any artefacts be uncovered in the course of any works, all works should cease and comply with Part 6 of the National Parks and Wildlife Act 1974, in particular Section 87 and 90 regarding permits to destroy.

38. European Sites or Relics (North Kellyville) If, during the earthworks, any evidence of a European archaeological site or relic is found, all works on the site are to cease and the NSW Office of Environment and Heritage contacted immediately. All relics are to be retained in situ unless otherwise directed by the NSW Heritage Branch.

39. Standard of Works All work must be completed in accordance with this consent and Council’s Works Specification Subdivisions/ Developments and must include any necessary works required to make the construction effective. All works and public utility relocation must incur no cost to Council.

40. Engineering Construction Inspections Construction inspections are required for the engineering works included in this consent at the completion of the following inspection stages:

a) Prior to commencement of work;

b) Traffic control to AS 1742-3;

c) Bedding of pipes in trenches;

d) Trench backfill within roads;

e) Formwork for concrete structures;

f) Sub-grade proof roller test;



g) Proof roller test for kerb;

h) Sub-base course proof roller test;

i) Base course proof roller test;

j) Prior to placing of fill;

k) Road crossing;

l) Final inspection; and

m) Asphaltic concrete surfacing.

The inspection of works approved by Council can only be carried out by Council. An initial site inspection is required prior to commencement of works. 24 hours notice must be given for all inspections.

41. Subdivision Earthworks – Allotment Topsoil Where earthworks are not shown on the engineering drawings, the topsoil within lots must not be disturbed. Where earthworks are shown, a 150mm deep layer of topsoil must be provided, suitably compacted and stabilised in accordance with Council’s Works Specification Subdivisions/ Developments.

42. Documentation A copy of the following documents must be kept on site and made available upon request:

a) Arborist Report/ Tree Management Plan

b) Waste Management Plan

c) Sediment and Erosion Control Plan

d) Traffic Control Plan

e) Salinity Management Plan

f) Construction Management Plan

43. Working Hours All work associated with the subdivision must be restricted to between the hours of 7.00am and 5.00pm, Monday to Saturday. No work can occur outside the hours specified above or on Sundays or public holidays. The contractor must instruct sub-contractors regarding the hours of work.

PRIOR TO ISSUE OF A SUBDIVISION CERTIFICATE 44. Compliance with NSW Rural Fire Service Requirements A letter from a qualified bushfire consultant must be submitted confirming that the requirements of the NSW Rural Fire Service have been complied with as outlined in their letter dated 7 December 2012 Ref D12/1558 attached to this consent as Appendix 1.

45. Compliance with NSW Office of Water Requirements A letter from the NSW Office of Water must be submitted confirming that all works associated with the Controlled Activity Authority have been completed to their satisfaction and that no objection is raised to the issuing of a Subdivision Certificate.

46. Completion of Subdivision Works A Subdivision Certificate must not be issued prior to the completion of all subdivision works covered by this consent, in accordance with this consent.

47. Works as Executed Plans Works as Executed (WAE) plans prepared by a suitably qualified engineer or registered surveyor must be submitted to Council when the engineering works are complete. The WAE plans must be prepared in accordance with Council’s Design Guidelines



Subdivisions/ Developments on a copy of the approved engineering plans. An electronic copy of the WAE plans, in “.dwg” or “.pdf” format, must also be submitted.

Where applicable, the plans must be accompanied by pavement density results, pavement certification, concrete core test results and site fill results.

48. Performance/ Maintenance Security Bond A performance/ maintenance bond of 5% of the total cost of the engineering works is required to be submitted to Council. The bond will be held for a minimum defect liability period of one year and may be extended to allow for the completion of necessary maintenance or in the case of outstanding works. The minimum bond amount is $5,000.00. The bond is refundable upon written application to Council along with payment of the applicable bond release fee, and is subject to a final inspection.

49. Confirmation of Pipe Locations A letter from a registered surveyor must be provided certifying that all pipes and drainage structures are located within the proposed drainage easements.

50. Removal of Sediment and Erosion Control Measures A $5,000.00 bond must be submitted to Council to ensure the satisfactory removal of all sediment and erosion control measures, including the removal of any collected debris.

51. Section 73 Compliance Certificate 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. A list can be found by following this link:

http://www.sydneywater.com.au/BuildingDevelopingandPlumbing/SupplierInformation/wsc/waterserv_ext_print.htm

The certificate must refer to the issued consent, all of the lots created and Development Consent DA 14/2013/ZB.

52. 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.

53. Provision of Telecommunication Services Submission of a telecommunications infrastructure provisioning confirmation certificate issued by the relevant telecommunications provider authorised under the Telecommunications Act, or a design compliance certificate and an as-built compliance certificate from the company engaged to design and construct the pit and pipe infrastructure, confirming satisfactory arrangements have been made for the provision, or relocation, of telecommunication services including telecommunications cables and associated infrastructure. This must include the under-grounding of the existing telecommunication 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.

54. Geotechnical Report (Lot Classification) Submission of a lot classification report, prepared by a suitably qualified geotechnical engineer, following the completion of all subdivision works confirming that all residential allotments are compliant with AS2870 and are suitable for residential development. The lot classification report must be accompanied by a separate table which clearly shows the classification of all lots created as part of the subdivision.

55. Stormwater CCTV Recording



All piped stormwater drainage systems and ancillary structures which will become Council assets must be inspected by a CCTV and a report prepared. A hard copy of the report must be submitted along with a copy of the CCTV inspection on either VHS or DVD (in WMA format).

56. Public Asset Creation Summary A completed public asset creation summary form must be submitted with the WAE plans. A blank form can be found on Council’s website.

57. 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 website:

http://www.planning.nsw.gov.au/PlanningSystem/DevelopmentContributionsSystem/tabid/75/language/en-US/Default.aspx

Please contact the NSW Department of Planning and Infrastructure regarding arrangements for the making of a payment.

58. Compliance with Sydney Water Requirements A letter from Sydney Water must be submitted confirming that the works have been completed to their satisfaction and that no objection is raised to the issuing of a Subdivision Certificate.

59. Final Subdivision Fees All outstanding fees must be paid before a Subdivision Certificate can be issued. The final fees that remain outstanding will be assessed following the submission of written advice confirming all works have been completed.

60. Subdivision Certificate Application When submitted, the Subdivision Certificate application must include:

a) The final plan and administration sheet, along with seven copies of both.

b) The original plus one copy of the 88B Instrument.

c) All certificates and supplementary information as required by this consent.

d) A completed copy of the attached checklist confirming compliance with all conditions.

e) An electronic copy of the final plan on disk in “.dwg” format.

f) One copy of the strata or community titled subdivision plan that includes house/ unit numbering consistent with numbering issued by Council.

g) Two copies of the community or precinct management statement.

Council will not accept a Subdivision Certificate application without all the items listed above.

61. Existing Building Adjacent to Proposed Boundary Where any part of an existing building is located within 2m of a proposed boundary the location of such must be determined by a registered surveyor and shown on a separate copy of the final plan.

62. Existing Building Services A letter from a registered surveyor must be submitted certifying that all facilities servicing the existing buildings are located wholly within their respective lot or are otherwise contained within a suitable easement.



63. Residue Lot 135 – Road Construction The section of Nangar Crescent within residue lot 135 is unable to be constructed at this time as it cannot be connected to the existing public road network, due to the fragmented ownership of land in the immediate area. Accordingly, the applicant must prepare and submit a tendered cost for the design and construction of this road to Council for checking. Once the tendered cost has been agreed to, a security bond for 150% of this agreed amount must be submitted to Council before a Subdivision Certificate can be issued for the first stage to guarantee the eventual construction of this road when this residue lot is developed in conjunction with 7, 9 and/ or 13 Barry Road adjacent.

STAGE 1

GENERAL MATTERS 64. Approved Plan The development must be carried out in accordance with the approved plans and details listed below, except where amended by other conditions of consent:

Drawing: Description: Prepared: Sheet: Revision: Date: DA02 Stage 1 Plan of

Subdivision Group Development Services Pty Ltd

1 of 2 E 17 December 2012

BRNK2-M-03

Building Massing Diagram for Lot 121

Group Development Services Pty Ltd

3 A 20 November 2012

BRNK2-M-04

Building Massing Diagram for Lot 121

Group Development Services Pty Ltd

4 A 20 November 2012

65. Temporary Turning Heads A temporary cul-de-sac turning head with a minimum diameter of 19m is required at the termination point in all public roads. Where the cul-de-sac head cannot be accommodated wholly within the road reserve:

a) Additional adjacent land is to be dedicated as temporary public road; or

b) An easement for public access and services must be created over an appropriate part of the adjacent land.

- A temporary turning head is required at the northern end of Kinglake Street (proposed road one) fronting lot 106 and extending into lot 104 adjacent. The construction of this road must extend to the site’s northern boundary fronting 105, beyond the temporary turning head.

- A temporary turning head is required at the southern end of Kinglake Street (proposed road one) fronting lot 116 and extending into lots 117 and 139 adjacent.

- A temporary turning head is required at the southern end of Springbrook Boulevard (proposed road three) fronting lots 132 and 139. This temporary turning head is able to be contained within the 22.6m wide road reserve.

A security bond must be provided in order to guarantee the maintenance, removal, restoration and closure of the temporary cul-de-sac turning head. The bond amount must be based on 150% of the total value of carrying out such works or $20,000.00, whichever is the greater. The value of this bond shall be confirmed with Council prior to submission and may be in the form of cash or an unconditional bank guarantee. The



bond is refundable upon written application to Council along with payment of the applicable bond release fee, and is subject to all work being removed, restored and documentary evidence being provided confirming closure of the temporary public road or removal of the easement for public access and services. The bond release application form is available on Council’s website. Should Council be required to maintain, remove, restore or close the temporary cul-de-sac head, costs will be deducted from the security bond. Should costs exceed the value of the bond, Council will issue an invoice for the recovery of these remaining costs.

A temporary turning head is not required where the extension of a proposed road into an adjoining property, as part of a separate development application, is constructed and dedicated concurrently. This will require the concurrent issuing of a Subdivision Certificate and plan registration for both subdivisions.

66. Temporary Public Road A security bond must be provided in order to guarantee the maintenance, removal, restoration and closure of the temporary public road linking Barry Road to proposed road one (Kinglake Street). The bond amount must be based on 150% of the total value of carrying out such works or $20,000.00, whichever is the greater. The value of this bond shall be confirmed with Council prior to submission and may be in the form of cash or an unconditional bank guarantee. The bond is refundable upon written application to Council along with payment of the applicable bond release fee, and is subject to all work being removed, restored and documentary evidence being provided confirming closure of the temporary public road. The bond release application form is available on Council’s website. Should Council be required to maintain, remove, restore or close the temporary road, costs will be deducted from the security bond. Should costs exceed the value of the bond, Council will issue an invoice for the recovery of these remaining costs.

67. Stormwater Management Land Before a Subdivision Certificate is issued, written confirmation must be submitted from Sydney Water confirming their acceptance of the area/ location of the stormwater management lot (proposed lot 101) intended to be created for future acquisition under this stage.

PRIOR TO THE ISSUE OF CONSTRUCTION CERTIFICATE 68. Engineering Works and Design The design and construction of the engineering works listed below must be provided for in accordance with the following documents and requirements:

a) Council’s Design Guidelines Subdivisions/ Developments

b) Council’s Works Specifications Subdivisions/ Developments

Variation from these documents can only be approved by Council’s Manager – Subdivision and Development Certification.

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. For Council to issue this approval the following must be provided:

a) A completed application form.

b) Four copies of the design plans and specifications.

c) Payment of the applicable application and inspection fees.



d) Payment of any required security bonds.

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 flowpath 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.

3. Works within the development site, or an adjoining private property, 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:

i. 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.

Proposed roads must be constructed to the following requirements:

Road Name: Formation:

(Footpath/ Carriageway/ Footpath) (m)

Traffic Loading:

N(ESA)

Kinglake Street

(Proposed Road 1)

Road Type:

DCP Minor Street (Figure 11A)

3.5m/ 8.3m/ 4m/ 2m (17.8m total)

5 x 10 (5)

Lakefield Avenue

(Proposed Road 2)

Road Type:

DCP Minor Street (Figure 11A)

3.5m/ 8.3m/ 4m/ 2m (17.8m total)

5 x 10 (5)

Springbrook Boulevard

(Proposed Road 3)

Road Type:

DCP Park Street (Figure 9)

3.5m/ 5.3m/ 4m/ 5.3m/ 4.5m (22.6m total)

5 x 10 (5)



The design must incorporate a standard kerb return radius of 7.5m based on a 4m splay corner unless otherwise directed by Council.

The wider 4.5m verge must be located on the western side of Springbrook Boulevard correlating with the cycleway required at this location.

The roadside swale must be located on the low (southern) side of Lakefield Avenue to limit the amount of earthworks associated with this road construction.

The roadside swale must be located on the low (western) side of Kinglake Street to limit the amount of earthworks associated with this road construction.

ii. Partial Width Road Reconstruction

The partial width reconstruction of the existing roads listed below is required, including any necessary service adjustments and ancillary work required to make the construction effective.



Traffic Loading:

N(ESA)

Barry Road Road Type:

DCP Collector Road (Figure 7)

3.5m/ 12m/ 4.5m (20m total)

1 x 10 (6)


The wider 4.5m verge must be located on the eastern side of Barry Road correlating with the cycleway required at this location.

Where partial width reconstruction exists opposite, the completed road must comply with the overall requirements outlined in the table above. Where partial width reconstruction does not exist opposite, you will be responsible for the formation of the footpath verge, kerb and gutter and the reconstruction of 6m of road pavement. This new road pavement must transition into the existing road pavement opposite to provide for a total minimum carriageway width of 10m. Additional pavement reconstruction may be necessary to provide for this carriageway width.

Any requirements relating to partial width road reconstruction from the relevant section of Council’s DCP must also be complied with. All works must be carried out in accordance with the submitted traffic safety statement.

Where the existing road reserve width exceeds that required to be provided, the additional width is to be evenly distributed on either side of the road carriageway to provide for a wider footpath verge.

The longitudinal grading of Barry Road must consider the reconstruction of this road further north and south of the site, generally in accordance with the concept design prepared by GDS and submitted in support of the development application.

iii. Temporary Public Road Construction

A 6m wide sealed temporary public road with a 3.5m verge on both sides along with all associated temporary drainage measures must be provided between Barry Road and Kinglake Street (proposed road one) over proposed lots 140 and 141. The temporary public road is to be constructed to a standard complying with the above documents.

Any requirements relating to temporary road construction from the relevant section of Council’s DCP must also be complied with.

iv. Temporary Turning Heads



Temporary cul-de-sac turning heads must be provided at the end of all roads that will be extended into adjoining properties. The cul-de-sac must have a 19m diameter at its widest point measured from the face of kerb on each side.

Three separate temporary turning heads are required in the locations identified earlier in this consent.

v. Concrete Footpath Paving

A 1.5m wide concrete footpath, including access ramps at all intersections, must be provided on the western side of Barry Road fronting the site in accordance with the DCP and the above documents.

A 1.5m wide concrete footpath, including access ramps at all intersections, must be provided on the eastern side of Springbrook Boulevard in accordance with the DCP and the above documents.

A 1.5m wide concrete footpath, including access ramps at all intersections, must be provided on both sides of Kinglake Street and Lakefield Avenue in accordance with the DCP and the above documents.

vi. Concrete Cycleway

A 2.5m wide concrete cycleway, including access ramps at all intersections, must be provided on the western side of Springbrook Boulevard in accordance with the DCP and the above documents.

vii. Footpath Verge Formation

The grading, trimming, topsoiling and turfing of the Barry Road footpath verge fronting the development site is required to ensure a gradient between 2% and 4% falling from the boundary to the top of kerb is provided. This work must include the construction of any retaining walls necessary to ensure complying grades within the footpath verge area. All retaining walls and associated footings must be contained wholly within the subject site. Any necessary adjustment or relocation of services is also required, to the requirements of the relevant service authority. All service pits and lids must match the finished surface level.

viii. Gutter Crossings

Gutter crossings to each of the proposed new lots are required.

ix. Disused Layback/ Driveway Removal

All disused laybacks and driveways must be removed and replaced with full kerb and gutter together with the restoration and turfing of the adjoining footpath verge area.

x. Street Names Signs

Street name signs and posts are required, as approved by Council.

xi. Service Conduits

Service conduits to each of the proposed new allotments, laid in strict accordance with the relevant service authority’s requirements, are required. Services must be shown on the engineering drawings.

xii. Inter-allotment Stormwater Drainage – Rain Gardens (North Kellyville)

Rain gardens and rainwater reuse tanks are required for each lot as per this consent. To allow for these rain gardens, the following requirements apply:

- For those lots that fall away from the street, inter-allotment drainage designed for a 1 in 10 year ARI storm event catering for the entire area of each lot must be provided. Each lot must be uniformly graded to its lowest point where a grated



surface inlet pit must be provided. All collected inter-allotment stormwater is to be piped to an approved constructed public drainage system.

- For those lots that fall towards the street, direct connections to the kerb are not permitted. Each lot must be uniformly graded to its lowest point where a grated surface inlet pit must be provided. This pit must be connected to the street drainage under the kerb fronting the lot, not the kerb opposite. For roads with a one-way cross fall, this will require road drainage and kerb inlet pits on both sides of the road carriageway. Direct individual connections or a combined inter-allotment drainage connection are permissible.

A minimum level difference of 800mm measured between the surface level and the invert of the outlet pipe must be provided in the stormwater pit on each lot to allow for the required rain garden.

xiii. Stormwater Drainage – Temporary Pipe Extension

Stormwater runoff from the southern end of Kinglake Street and Springbrook Boulevard must be collected via pits and pipes and directed towards the watercourse at the rear of the site via a temporary drainage pipeline, designed and constructed in accordance with the above documents, along residue lot 139 and 133. The design and construction of the stormwater outlet to the natural watercourse must comply with the requirements of both Council and the NSW Office of Water.

xiv. Stormwater Drainage – Temporary Management

Grassed swale drains or temporary piped drainage must be installed to intercept, control and redirect surface stormwater runoff from upstream undeveloped properties.

xv. Stormwater Drainage – Temporary Discharge

Tail out drains over adjoining properties are required to be provided, where necessary, of sufficient length and width to dissipate stormwater flows to an acceptable level from the end of all stormwater outlets.

xvi. Water Sensitive Urban Design Elements (North Kellyville)

Water sensitive urban design elements, consisting of bio-retention swales in roads and rain gardens and rainwater reuse tanks within lots, are required generally in accordance with the plans and information submitted with the application. The bio-retention swales in roads are to be provided as part of the subdivision works and the rain gardens and rainwater reuse tanks when the lots are developed. For integrated housing developments both are required.

Detailed plans for the water sensitive urban design elements must be submitted to Council for approval, including a “standard” detail for the rain garden and rainwater reuse tank that can be adopted and shaped at the dwelling design stage for each lot without the need for further design work. The detailed plans must be suitable for construction, and include detailed and representative longitudinal and cross sections of the proposed infrastructure. The design must be accompanied, informed and supported by detailed water quality and quantity calculations that demonstrate compliance with the environmental targets prescribed in the North Kellyville DCP. The following requirements apply:

1. Each of the 33 residential lots (102 to 132 and 140 to 141) must provide a rain garden with a storage volume of 1.38m3 and a surface area of 9.42m2 based on a residential net developable area of 2.39ha and the requirements applying to the Smalls Creek catchment area from Section 6.1 of the North Kellyville DCP.

2. Each of the 33 residential lots (102 to 132 and 140 to 141) lots must provide for a 3000L (minimum) rainwater reuse tank that must be plumbed specifically for washing machine use. External use is also permitted however the recycled water



system supplied by Sydney Water must be connected to all toilets for flushing purposes, and at least one external tap as per Section 6.1 Control 9 on Page 129 of the North Kellyville DCP.

3. The bio-retention swales in roads must be 4m wide and yield a detention volume of 0.75m3 per linear metre.

All calculations are to be provided to Council.

These elements must be designed and constructed in accordance with best practice water sensitive urban design techniques and guidelines. Such guidelines include, but are not limited to, the following:

- Water Sensitive Urban Design – Technical Guidelines for Western Sydney, 2004, h]ttp://www.wsud.org/tools-resources/index.html; and

- Australian Runoff Quality – A Guide to Water Sensitive Urban Design, 2005, http://www.ncwe.org.au/arq/.

xvii. Local Pavement Widening – Right Turning Vehicles

The existing road pavement in Barry Road in the vicinity of the proposed temporary road must be widened to account for vehicles turning right into the subdivision from the existing road and to minimise inconvenience to through traffic.

xviii. Local Pavement Widening – Deceleration Lane

The existing road pavement in Barry Road in the vicinity of the proposed temporary road must be widened to account for vehicles turning left into the subdivision from the existing road and to minimise inconvenience to through traffic.

PRIOR TO ISSUE OF A SUBDIVISION CERTIFICATE 69. Final Plan and 88B Instrument The final plan and 88B Instrument must provide for the following. Standard wording is available on Council’s website and must be used.

a) Dedication of Public Roads

The proposed roads within the subdivision must be dedicated as public road at no cost to Council. All lots shown on the final plan must be provided with access to the public road network.

b) Dedication of Temporary Public Road

The plan must provide for the dedication of the proposed temporary public road at no cost to Council.

c) Temporary Public Access Easement

A temporary public access easement must be created over the two temporary cul-de-sac turning heads at either end of Kinglake Street (proposed road one).

d) Drainage Easements – Council

Suitable drainage easements must be created over all stormwater drainage pipelines and structures which convey public stormwater runoff, in accordance with the requirements of Council. Easements are only required for stormwater drainage pipelines and structures that are not located within a public road or drainage reserve. Easement widths must comply with Council’s Design Guidelines Subdivisions/ Developments.

e) Drainage Easements – Inter-allotment/ Private

Inter-allotment drainage easements must be provided to ensure each and every lot is provided with a legal point of discharge. The width of all inter-allotment drainage



easements must comply with Council’s Design Guidelines Subdivisions/ Developments and the terms must nominate each lot burdened and benefited.

f) Temporary Public Stormwater Outlet Easements

Creation of suitable temporary drainage easements, minimum 5m wide and 30m long, from the outlet of any culverts located within the property or on adjoining land.

g) Restriction – Earthworks

Restricting cut or fill on all residential lots in accordance with the DCP.

h) Restriction – Site Slope 6% or Greater

A restriction must be placed on the title of all lots with a grade of 6% or greater. Where there are no lots that fall into this category this restriction is not required, as determined by the works as executed drawings.

i) Restriction – Site Coverage

Restricting development of all residential lots to reinforce the maximum site coverage from the North Kellyville DCP, being 60% for single storey or 50% for two storey or more.

j) Restriction – Vehicular Access

A restriction must be created restricting access to/ from the temporary public road for lots 104, 108, 109 and 113 adjacent.

k) Restriction – Rainwater Tanks

Restricting residential development of all residential lots to ensure a 3000L rainwater tank is provided on each lot in the Smalls Creek catchment in accordance with the North Kellyville DCP.

l) Restriction – Residue Lots

Restricting development of proposed lot 104 until it has been re-subdivided in conjunction with 7 Barry Road adjacent in accordance with the requirements of Council.

Restricting development of proposed lot 139 until it has been re-subdivided in conjunction with 17, 19, 21 and 23 Withers Road adjacent in accordance with the requirements of Council.

Restricting development of proposed lots 136, 137 and 138 until it has been re-subdivided in conjunction with one another and 7 Barry Road adjacent in accordance with the requirements of Council.

Restricting development of proposed lot 135 until it has been re-subdivided in conjunction with 9 or 13 Barry Road adjacent in accordance with the requirements of Council. The road within this lot must also be provided as part of any such subdivision.

m) Restriction – Building and Siting Control Plan (North Kellyville)

A restriction must be placed on the title of proposed lot 121 to ensure that any dwelling built on the affected lot complies with the building and siting control plan for the affected lot approved as part of this subdivision. The restriction must specifically reference the plan, a copy of which must be provided to the purchaser when the lot is sold.

n) Restriction – Rain Garden Requirement (North Kellyville)

A restriction must be placed on the title of proposed lots 102 to 132 and 140 to 141 restricting residential development until the proprietor has constructed, or made provision for the construction of, a rain garden with a storage volume of 1.38m3 and an element surface area of 9.42m2 based on the requirements of Section 6.1 from the North Kellyville DCP. The restriction must specifically reference the “standard” rain



garden design required to be provided by this consent, a copy of which must be provided to the purchaser when the lot is sold.

o) Restriction – WSUD Modification (North Kellyville)

A restriction must be placed on the title of proposed lots 102 to 132 and 140 to 141 restricting development over or the varying of any finished levels and layout of the constructed rain garden and rainwater reuse tank on each lot. The purpose of creating this restriction at the subdivision stage is to remove the need to create restrictions on a lot by lot basis at the dwelling DA stage.

p) Positive Covenant – WSUD Maintenance (North Kellyville)

A positive covenant must be placed on the title of proposed lots 102 to 132 and 140 to 141 to ensure the ongoing maintenance of the constructed rain garden and rainwater reuse tank on each lot. The purpose of creating this positive covenant at the subdivision stage is to remove the need to create positive covenants on a lot by lot basis at the dwelling DA stage.

q) Restriction – Bushfire Construction Requirements

A restriction must be placed on the title of all proposed lots to ensure that any dwelling built on the affected lot is considerate of the bushfire prone nature of the land, in accordance with the approved bushfire report and the requirements of both Council and the NSW Rural Fire Service.

r) Restriction – Salinity

A restriction must be placed on the title of all proposed lots to ensure that any dwelling built on the affected lot is considerate of the saline nature of the site, in accordance with the approved salinity report and the requirements of Council.

s) Positive Covenant – Waste Collection/ Bin Presentation

A positive covenant must be placed on the title of proposed lot 105 to ensure garbage bins are presented to the temporary cul-de-sac head fronting lot 106, rather than their frontage to proposed road one, until such time as this road is extended north into 9 Barry Road.

70. Section 94 Contribution – North Kellyville 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:-

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.13

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.

Stage 1 40 5

Purpose: Dwelling or Subdivision or Dual Occ

Purpose: Credit No. of Lots : 40 No. of Credits: 5 Total S94

Open Space - Land 13,908.38 $ 13,908.38$

556,335.20 $

69,541.90$ 486,793.30 $

Open Space - Capital 2,172.81 $ 2,172.81 $

86,912.40 $ 10,864.05$

76,048.35$ Transport Facilities - Land 1,099.30 $

1,099.30 $ 43,972.00 $

5,496.50 $ 38,475.50$

Transport Facilities - Capital 8,183.67 $ 8,183.67 $

327,346.80 $

40,918.35$ 286,428.45 $

Water Management - Land 2,035.76 $ 2,035.76 $

81,430.40 $ 10,178.80$

71,251.60$ Water Management - Capital 894.75 $

894.75 $ 35,790.00 $

4,473.75 $ 31,316.25$

Community Facilities - Land 464.38 $ 464.38 $

18,575.20 $ 2,321.90 $

16,253.30$ Community Facilities - Capital 1,131.33 $

1,131.33 $ 45,253.20 $

5,656.65 $ 39,596.55$

Administration 109.62 $ 109.62 $

4,384.80 $ 548.10 $

3,836.70$ Total 30,000.00$

30,000.00$ 1,200,000.00$

150,000.00 $ 1,050,000.00 $



STAGE 2

GENERAL MATTERS 71. Approved Plan The subdivision must be carried out in accordance with the approved plan of subdivision prepared by Group Development Services Drawing DA03 Revision F dated 17 December 2012 except where amended by other conditions of consent.

Where a Construction Certificate is required, no work is to be undertaken before it has been issued.

72. Flora and Fauna Requirements Vegetation Management Pan The VMP prepared by Hayes Environmental dated 2012 is to be implemented for the proposed community title Lot 1. This must be managed by a suitably qualified bush regenerator or restoration ecologist who is to be a vegetation management specialist and to have at least 4 years experience in the management of native bushland and at least a TAFE Certificate III in Bush Regeneration or Conservation and Land Management – Natural Area Restoration qualifications. Maintenance visits are to be conducted at monthly intervals for the first year after planting and 2-monthly intervals for the second year and then six-monthly intervals thereafter. The formal maintenance period is completed after 5 years from commencement of site works and is contingent upon achievement of the six performance criteria set out in Chapter 5.3 of the VMP. It is a requirement that weed maintenance activities continue on an ongoing basis, to prevent reinfestation of the site from adjacent weed-infested areas. There is to be a lodgement of a $70,000.00 security bond in favour of Council to ensure satisfactory completion and maintenance of the vegetation works.

1. Submission of progress reports at (annually) intervals within the 5 year maintenance period. The progress reports shall indicate compliance with the Council-approved VMP. The progress reports shall be prepared by a professional ecologist.

2. Progressive release of the security bond at various stages subject to submission of satisfactory completion in accordance with the Council approved VMP detailing progress & maintenance from a professional ecologist & Council verification as per the following criteria:

Release of 50%, 12 months after Council certified completion; Release of a further 25%, 24 months after Council certified completion; Final release of 25%, 60 months after Council certified completion.

Landscaping To protect the natural bushland only native plants are to be used for landscaping purposes with at least 50% of all plants used to be species of local provenance. No invasive exotic species are to be used for landscaping purposes. Details prepared by the project ecologist in writing demonstrating compliance is to be submitted to the Principal Certifying Authority. Bushland Protection Fencing Prior to the commencement of any onsite building works or commencement of vegetation clearance, the boundary between the adjoining bushland and the construction



area is to be marked clearly on the ground. A temporary 2.0 metre steel mesh fence is to be erected on this boundary for the duration of construction work. This is to include protection fence along the western edge of the proposed temporary access road on the edge of the Riparian Zone. Details prepared by the project ecologist in writing demonstrating compliance is to be submitted to the Principal Certifying Authority. Fauna and Tree Hollow re-location During the vegetation clearance for construction works the applicants Project Ecologist is to be present to re-locate any displaced fauna that may be disturbed during this activity. Trees shall be lopped in such a way that the risk of injury or mortality to fauna is minimised, such as top-down lopping, with lopped sections gently lowered to the ground, or by lowering whole trees to the ground with the "grab" attachment of a machine. Potential hollows in lowered trees or sections of trees shall be searched by an experienced ecologist and any fauna shall be removed and, if uninjured, either released locally into roost boxes or fed, warmed and released in the evening, or, if injured, transferred to the care of a wildlife carer and released when re-habilitated. Details prepared by the project ecologist in writing demonstrating compliance is to be submitted to the Principal Certifying Authority. Weeds No noxious or environmental weeds, as listed on the Hills Shire Council’s website are to be imported on to the site. Any noxious weeds or environmental weeds on the site are to be managed continuously, in accordance with the Noxious Weeds Act 1993 and the Vegetation Management Plan for this development. All weeds cleared during the course of building works should be removed off site to an appropriate facility. Mitigation measures should be put in place to prevent the spread of weeds as a result of soil disturbance during earthworks. Piling of soil that may contain seeds of exotic species must be located at least 50m away from the creek and other areas of native vegetation to prevent transportation to adjacent areas during rainfall or wind events. Details prepared by the project ecologist in writing demonstrating compliance is to be submitted to the Principal Certifying Authority. Erosion Measures must be implemented to prevent indirect impacts from the proposal such as runoff and sedimentation and potential spread of weeds into adjacent areas, the creek and the riparian corridor. All erosion and sedimentation control devices should be regularly monitored, cleared and repaired, particularly after periods of heavy rainfall. 73. Temporary Private Road A security bond must be provided in order to guarantee the maintenance, removal, restoration and closure of the temporary private road over proposed lots 1, 10 and 28 linking private road one and private road two. The bond amount must be based on 150% of the total value of carrying out such works or $20,000.00, whichever is the greater. The value of this bond shall be confirmed with Council prior to submission and may be in the form of cash or an unconditional bank guarantee. The bond is refundable upon written application to Council along with payment of the applicable bond release fee, and is subject to all work being removed, restored and documentary evidence being provided confirming closure of the temporary private road. The bond release application form is available on Council’s website. Should Council be required to maintain, remove, restore or close the temporary road, costs will be deducted from the security bond. Should costs



exceed the value of the bond, Council will issue an invoice for the recovery of these remaining costs.

74. Community Association Lot (Community Title Subdivision) All lots or dwellings within the community scheme must be entitled to utilise the community allotment and share in the costs associated with its upkeep.

75. Street Naming (North Kellyville) Street naming must comply with Council’s approved street names map for North Kellyville, a copy of which is available on Council’s website.

Further, written approval is required from Council for any proposed naming of the two private roads included in this stage of the proposal. This application must comply with Guidelines for the Naming of Roads produced by the NSW Geographical Names Board. The application must nominate three suggested names per street, in order of preference, and must relate to the physical, historical or cultural character of the area as well as the established “theme” applying to this part of the release area.

76. Private Road Status The community management statement must define proposed private roads one and two as either an “open access way” or a “private access way”. Based on the subdivision configuration, these roads would better meet the definition of a “private access way”. Should an “open access way” be proposed, the reasons for such must be outlined in writing in an application to Council.

77. Private Roads/ Association Property Connectivity Proposed lots 10 and 28 are residue lots incapable of being developed until such time as the temporary private road linking private road one and private road two is removed, which is triggered by the construction of the public road within residue lot 135 created in the first stage of this approval.

Once this temporary road is removed, a physical link between proposed private road and the association lot must be provided over lot 10 so that the “southern” part of the community titled development is afforded the same connectivity to the association lot as the “northern” part of the community titled development, similar to the link provided between lots 18 and 19. This link must be contained within either:

a) Association land, similar to the link between lots 18 and 19; or

b) Via an easement in favour of the association property.

This can be provided either in place of, or in addition to, the easement over proposed lot 28 shown on the approved plan.

PRIOR TO THE ISSUE OF CONSTRUCTION CERTIFICATE 78. Engineering Works and Design The design and construction of the engineering works listed below must be provided for in accordance with the following documents and requirements:

a) Council’s Design Guidelines Subdivisions/ Developments

b) Council’s Works Specifications Subdivisions/ Developments

Variation from these documents can only be approved by Council’s Manager – Subdivision and Development Certification.

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. For Council to issue this approval the following must be provided:

a) A completed application form.

b) Four copies of the design plans and specifications.

c) Payment of the applicable application and inspection fees.

d) Payment of any required security bonds.

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 flowpath 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.

3. Works within the development site, or an adjoining private property, 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:

i. 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.

Proposed roads must be constructed to the following requirements:



Traffic Loading:

N(ESA)

Private Road 1 Road Type: Private Road

1.5m/ 8.35m/ 0.15m (10m total)

5 x 10 (5)

Private Road 1 Road Type: Private Road

1.5m/ 8.35m/ 0.15m (10m total)

5 x 10 (5)




The roadside swale must be located on the low (western) side of proposed private road two to limit the amount of earthworks associated with this road construction.

ii. Temporary Private Road Construction

A 6.5m wide (minimum) sealed temporary road with a 1.75m verge on both sides along with all associated temporary drainage measures must be provided between proposed private roads one and two over proposed lots 1, 10 and 28. The temporary road is to be constructed to a standard complying with the above documents.

Any requirements relating to temporary road construction from the relevant section of Council’s DCP must also be complied with.

iii. Turning Heads

Cul-de-sac turning heads must be provided at the end of both private roads within the site. The cul-de-sac must have a 19m diameter at its widest point measured from the face of kerb on each side, requiring a minimum road reserve width of 19.3m to account for the width of the kerb.

iv. Concrete Footpath Paving

A 1.5m wide concrete footpath, including access ramps at all intersections, must be provided on one side of both proposed private roads, extending to the association property via the physical link provide between lots 18 and 19 and over lot 10, as outlined earlier in this consent, as well as in accordance with the DCP and the above documents.

v. Gutter Crossings

Gutter crossings to each of the proposed new lots are required.

vi. Access Handle Driveway Construction

A 5m wide (minimum) reinforced concrete driveway over the shared access handle of proposed lots 6, 7, 8 and 9 is required in accordance with the above documents and Council’s driveway specifications.

Proposed lots 5 and 10 must access directly to/ from proposed private road one and not this access handle.

vii. Street Names Signs

Street name signs and posts are required, as approved by Council.

viii. Service Conduits

Service conduits to each of the proposed new allotments, laid in strict accordance with the relevant service authority’s requirements, are required. Services must be shown on the engineering drawings.

ix. Inter-allotment Stormwater Drainage – Rain Gardens (North Kellyville)

Rain gardens and rainwater reuse tanks are required for each lot as per this consent. To allow for these rain gardens, the following requirements apply:

- For those lots that fall away from the street, inter-allotment drainage designed for a 1 in 10 year ARI storm event catering for the entire area of each lot must be provided. Each lot must be uniformly graded to its lowest point where a grated surface inlet pit must be provided. All collected inter-allotment stormwater is to be piped to an approved constructed public drainage system.



- For those lots that fall towards the street, direct connections to the kerb are not permitted. Each lot must be uniformly graded to its lowest point where a grated surface inlet pit must be provided. This pit must be connected to the street drainage under the kerb fronting the lot, not the kerb opposite. For roads with a one-way cross fall, this will require road drainage and kerb inlet pits on both sides of the road carriageway. Direct individual connections or a combined inter-allotment drainage connection are permissible.

A minimum level difference of 800mm measured between the surface level and the invert of the outlet pipe must be provided in the stormwater pit on each lot to allow for the required rain garden.

The two separate stormwater connections/ outlets to the natural watercourse within the site must be designed and constructed in accordance with the requirements of both the NSW Office of Water and Council.

x. Stormwater Drainage – Temporary Management

Grassed swale drains or temporary piped drainage must be installed to intercept, control and redirect surface stormwater runoff from upstream undeveloped properties.

xi. Stormwater Drainage – Temporary Discharge

Tail out drains over adjoining properties are required to be provided, where necessary, of sufficient length and width to dissipate stormwater flows to an acceptable level from the end of all stormwater outlets.

xii. Water Sensitive Urban Design Elements (North Kellyville)

Water sensitive urban design elements, consisting of bio-retention swales in roads and rain gardens and rainwater reuse tanks within lots, are required generally in accordance with the plans and information submitted with the application.

The bio-retention swales in roads are to be provided as part of the subdivision works and the rain gardens and rainwater reuse tanks when the lots are developed. The only exception to this is the rain gardens on the larger (750m2 or greater) lots with an asset protection zone in the rear yard. For these lots, the rain gardens are larger than typically required for a residential dwelling to offset the lack of communal bio-retention areas provided as part of this application. For those lots, listed below, the rain garden must be constructed at the subdivision stage, to minimise the financial cost on the end purchaser (and to more appropriately attribute this cost to the subdivider of the land, which would be the case normally).

Detailed plans for the water sensitive urban design elements must be submitted to Council for approval, including a “standard” detail for the rain garden and rainwater reuse tank that can be adopted and shaped at the dwelling design stage for each lot without the need for further design work. The detailed plans must be suitable for construction, and include detailed and representative longitudinal and cross sections of the proposed infrastructure. The design must be accompanied, informed and supported by detailed water quality and quantity calculations that demonstrate compliance with the environmental targets prescribed in the North Kellyville DCP. The following requirements apply:

1. Each of the 14 larger (750m2 or greater) lots with an asset protection zone in the rear yard (namely, lots 8 to 10, 14 to 23 and 28) must provide a rain garden with a surface area of 120m2 based on the requirements applying to the Smalls Creek catchment area from Section 6.1 of the North Kellyville DCP. As above, these rain gardens must be constructed with the subdivision works.

2. Each of the 14 smaller (generally 600m2) lots (namely, lots 2 to 7, 11 to 13 and 24 to 27) must provide a rain garden with a surface area of 32m2 based on the requirements applying to the Smalls Creek catchment area from Section 6.1 of



the North Kellyville DCP. As above, these rain gardens must be constructed when the lots are subsequently developed.

3. Each of the 28 lots must provide for a 3000L (minimum) rainwater reuse tank that must be plumbed specifically for washing machine use. External use is also permitted however the recycled water system supplied by Sydney Water must be connected to all toilets for flushing purposes, and at least one external tap as per Section 6.1 Control 9 on Page 129 of the North Kellyville DCP.

4. The single bio-retention swale within proposed private road two extending into the physical link between this road and the association lot between lots 18 and 19 must be 4m wide and yield a detention volume of 0.75m3 per linear metre.

All calculations are to be provided to Council.


- Water Sensitive Urban Design – Technical Guidelines for Western Sydney, 2004, http://www.wsud.org/tools-resources/index.html; and


PRIOR TO ISSUE OF A SUBDIVISION CERTIFICATE 79. Section 94 Contribution – North Kellyville 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:-

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.13

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.

80. Final Plan and 88B Instrument The final plan and 88B Instrument must provide for the following. Standard wording is available on Council’s website and must be used.

a) Drainage Easements – Inter-allotment/ Private

Inter-allotment drainage easements must be provided to ensure each and every lot is provided with a legal point of discharge. The width of all inter-allotment drainage easements must comply with Council’s Design Guidelines Subdivisions/ Developments and the terms must nominate each lot burdened and benefited.

Stage 2 27 2

Purpose: Dwelling or Subdivision or Dual Occ

Purpose: Credit No. Lots: 27 No. of Credits: 2 Total S94

Open Space - Land 13,908.38 $ 13,908.38$

375,526.26 $

27,816.76$ 347,709.50 $

Open Space - Capital 2,172.81 $ 2,172.81 $

58,665.87 $ 4,345.62 $

54,320.25$ Transport Facilities - Land 1,099.30 $

1,099.30 $ 29,681.10 $

2,198.60 $ 27,482.50$

Transport Facilities - Capital 8,183.67 $ 8,183.67 $

220,959.09 $

16,367.34$ 204,591.75 $

Water Management - Land 2,035.76 $ 2,035.76 $

54,965.52 $ 4,071.52 $

50,894.00$ Water Management - Capital 894.75 $

894.75 $ 24,158.25 $

1,789.50 $ 22,368.75$

Community Facilities - Land 464.38 $ 464.38 $

12,538.26 $ 928.76 $

11,609.50$ Community Facilities - Capital 1,131.33 $

1,131.33 $ 30,545.91 $

2,262.66 $ 28,283.25$

Administration 109.62 $ 109.62 $

2,959.74 $ 219.24 $

2,740.50$ Total 30,000.00$

30,000.00$ 810,000.00 $

60,000.00$ 750,000.00 $



b) Temporary Right of Carriage way/ Easement for Services

A temporary right of carriage way/ easement for services must be created over the temporary private road within lots 1, 10 and 28 in favour of lots 1 and 11 to 28.

c) Positive Covenant – Maintenance/ Repair of Temporary Shared Access

A positive covenant must be placed on the title of proposed lots 1 and 11 to 28 to ensure the maintenance/ repair of the shared driveway.

d) Right of Carriage way/ Easement for Services

A right of carriage way/ easement for services must be created over the access handle of proposed lots 6, 7, 8 and 9.

e) Positive Covenant – Maintenance/ Repair of Shared Access

A positive covenant must be placed on the title of proposed lots 6, 7, 8 and 9 to ensure the maintenance/ repair of the shared driveway.

f) Restriction – Earthworks

Restricting cut or fill on all residential lots in accordance with the DCP.

g) Restriction – Site Slope 6% or Greater

A restriction must be placed on the title of all lots with a grade of 6% or greater. Where there are no lots that fall into this category this restriction is not required, as determined by the works as executed drawings.

h) Restriction – Flood Levels

Restricting excavation on proposed lots 8 to 10, 14 to 22 and 28 to ensure the floor level of any dwelling or garage erected is a minimum of 500mm above the 1 in 100 year ARI flood level associated with the adjacent drainage system or easement in accordance with the DCP. The terms of the restriction must nominate the required Flood Planning Level (FPL) for each lot along with the source of the flood data relied upon in deriving these values.

This restriction is not required where the finished level of the lot (at the lowest point where development is possible on that lot, as per the WAE plans submitted) is at least 1.5m above the 1 in 100 year ARI flood level, as the restrictions relating to cut (above) will preclude a development below that level in any instance.

i) Restriction – Site Coverage (North Kellyville)

Restricting development of all residential lots to reinforce the maximum site coverage from the North Kellyville DCP, being 60% for single storey or 50% for two storey or more.

j) Restriction – Vehicular Access

A restriction must be created restricting access to lots 5 and 10 to/ from the shared driveway servicing lots 6 to 9. These two lots must access to/ from proposed private road one.

k) Restriction – Rainwater Tanks (North Kellyville)

Restricting residential development of all lots to ensure a 3000L rainwater tank is provided on each lot in the Smalls Creek catchment in accordance with the North Kellyville DCP.

l) Restriction – Temporarily Undevelopable Lots

Restricting development of proposed lots 10 and 28 until the temporary road has been removed and a link provided over lot 10 to the community association, as outlined earlier in this consent, in accordance with the requirements of Council.



Restricting development of proposed lots 2, 7 and 8 until such time as the temporary public drainage easement along the southern boundary of these lots, created in the first stage, has been removed. A permanent inter-allotment drainage easement over lots 7 and 8 will also be necessary.

m) Restriction – Rain Garden Requirement (North Kellyville)

A restriction must be placed on the title of proposed lots 2 to 7, 11 to 13 and 24 to 27 restricting residential development until the proprietor has constructed, or made provision for the construction of, a rain garden with an element surface area of 32m2 based on the requirements of Section 6.1 from the North Kellyville DCP and the conditions imposed earlier in this consent. The restriction must specifically reference the “standard” rain garden design required to be provided by this consent, a copy of which must be provided to the purchaser when the lot is sold.

n) Restriction – WSUD Modification (North Kellyville)

A restriction must be placed on the title of proposed lots 1 to 28 restricting development over or the varying of any finished levels and layout of the constructed rain garden and rainwater reuse tank on each lot. The purpose of creating this restriction at the subdivision stage is to remove the need to create restrictions on a lot by lot basis at the dwelling DA stage.

In the case of proposed lot 1, this restriction relates to the bio-retention swale.

o) Positive Covenant – WSUD Maintenance (North Kellyville)

A positive covenant must be placed on the title of proposed lots 1 to 28 to ensure the ongoing maintenance of the constructed rain garden and rainwater reuse tank on each lot. The purpose of creating this positive covenant at the subdivision stage is to remove the need to create positive covenants on a lot by lot basis at the dwelling DA stage.

In the case of proposed lot 1, this positive covenant relates to the bio-retention swale.

p) Restriction – Asset Protection Zone

A restriction must be placed on the title of proposed lots 1, 8 to 10, 14 to 23 and 28 to ensure that any dwelling built on the affected lot is located outside of the asset protection zone, which must be shown on the final plan, in accordance with the approved bushfire report and the requirements of both Council and the NSW Rural Fire Service.

q) Positive Covenant – Asset Protection Zone

A positive covenant must be placed on the title of proposed lots 1, 8 to 10, 14 to 23 and 28 to ensure the ongoing maintenance of the asset protection zone, which must be shown on the final plan, in accordance with the approved bushfire report and the requirements of both Council and the NSW Rural Fire Service.

r) Restriction – Bushfire Construction Requirements

A restriction must be placed on the title of all proposed lots to ensure that any dwelling built on the affected lot is considerate of the bushfire prone nature of the land, in accordance with the approved bushfire report and the requirements of both Council and the NSW Rural Fire Service.

s) Restriction – Riparian Corridor

A restriction must be placed on the title of proposed lot 1 to ensure that any development on the affected lot is located outside of the riparian corridor, which must be shown on the final plan, in accordance with the requirements of both Council and the NSW Office of Water.

t) Positive Covenant – Riparian Corridor



A positive covenant must be placed on the title of proposed lot 1 to ensure the ongoing maintenance of the riparian corridor, which must be shown on the final plan, in accordance with the requirements of both Council and the NSW Office of Water.

u) Restriction – Restricted Development Area

A restriction must be placed on the title of proposed lot 1 to ensure no development of clearing occurs within the native vegetation/ riparian corridor mapped parts of this lot, which must be shown on the final plan, in accordance with the requirements of Council.

v) Positive Covenant – Environmental Management Plan

A positive covenant must be placed on the title of proposed lot 1 to ensure the environmental management plan relating to the restricted development area (see above) is complied with, in accordance with the requirements of Council.

w) Restriction – Salinity

A restriction must be placed on the title of all proposed lots to ensure that any dwelling built on the affected lot is considerate of the saline nature of the site, in accordance with the approved salinity report and the requirements of Council.

x) Positive Covenant – Waste Collection/ Bin Presentation

A positive covenant must be placed on the title of proposed lots 5 to 10 to ensure garbage bins are presented to proposed private road one, and not the shared access handle servicing lots 6 to 9.

81. Prior or Concurrent Registration of Preceding Subdivision A Subdivision Certificate cannot be issued for this subdivision before a Subdivision Certificate has been registered with the NSW Land and Property Information for the preceding stage/ subdivision pursuant to Stage 1 of this development consent unless the two are issued and registered concurrently.



APPENDIX A - LETTER FROM NSW OFFICE OF WATER



APPENDIX B - LETTER FROM RURAL FIRE SERVICE



Being a planning matter, the Mayor called for a division to record the votes on this matter VOTING FOR THE MOTION Councillor Dr Byrne General Manager Dave Walker VOTING AGAINST THE MOTION Nil

ITEM-2 DA NO. 278/2008/HA/C - SECTION 96(1A) MODIFICATION TO AN APPROVED CAR WASH - LOT 2 DP 120022, LOT 81 DP 1017048 - 255-257 OLD NORTHERN ROAD, CASTLE HILL

A MOTION WAS MOVED BY GENERAL MANAGER DAVE WALKER AND SECONDED BY MAYOR COUNCILLOR DR BYRNE THAT the Recommendation contained in the report be adopted. THE MOTION WAS PUT AND CARRIED.

12 RESOLUTION

The Development Application be approved subject to the following conditions of consent. a) Condition No. 1 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 278/2008/HA, as amended by Development Consent No. 278/2008/HA/A and as further modified by the following plans and details returned with this consent except where amended by other conditions of consent.

REFERENCED PLANS AND DOCUMENTS

DRAWING NO. DESCRIPTION REVISION DATE A 01 Car Wash Site Plan P10 15/12/2011

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. b) Condition Nos. 1(a), 1(b), 50, 51, 52, 53, 54, 55, 56, 57, 58 and 59 be added as follows: 1(a). First Flush System Details Within 28 days of the date of this consent, details are to be submitted to Council regarding the First Flush System including;

- Site specific design details of the first flush system installed on site;

- Details of the stormwater and polluted water runoff calculations;

- Details of the maintenance requirements of the system; and

- Details of the emergency procedures in place to ensure that polluted waters do not enter the stormwater drainage system.



1(b). Carwash Operational Management Plan / Emergency Response Management Plan A Carwash Operational Management Plan/Emergency Response Management Plan shall be prepared and submitted to Council’s satisfaction within 28 days from the date of this consent. The plan shall include the following:

- List of chemicals and maximum quantities to be stored at the site;

- Identification of potentially hazardous situations;

- Procedure for incident reporting;

- Emergency response details in case of system failure;

- Details of spill stations and signage;

- Operational guidelines for the use of the First Flush System;

- The roles of all staff in the Plan and Operation of the first flush system and details of staff training;

- Servicing inspection reports for the Fox Environmental First Flush System; and

- Containment and clean-up facilities and procedures

50. Agreement Between Owner and Operator The operation of the facility shall comply with the terms of the binding agreement between the owner and operator of the car wash, as attached to this consent.

51. Use of Facilities The staff of the car wash shall use the toilet facilities located on the subject site.

52. Storage of Vehicles to be Collected All vehicles to be collected following washing are to be stored in a single queue between the Cecil Avenue boundary and the service station building.

53. Site Maintenance Plan The Site Maintenance plan submitted with the application is to be updated to include details of the first flush device operation and maintenance. This plan is required to be submitted to Council within 28 days from the date of the consent.

54. Vehicle Washing All vehicle washing is to be conducted within the two vehicle wash bays that are connected to the sewer. This area is to be bunded to prevent wastewater entering the stormwater system.

The applicant is to contact Sydney Water, in regards to their requirements and to obtain a trade waste permit for this discharge.

55. Use of Vacuum Zone The vacuum zone as outlined on the submitted plans is only to be used as an area to vacuum cars. No liquids are to be applied to cars within this area.

56. Use of Finishing and Pick Up Zone The Finishing and Pick Up Zone area can be used for the purposes of the following activities only; - Drying of cars; - Applying tyre black to cars; - Cleaning the inside of the cars; - Applying window cleaner and car polish; and - Customers picking up their cars.



There is to be no washing of cars within this area.

57. Offensive Noise The use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to “offensive noise” as defined under the provisions of the Protection of the Environment Operation Act 1997.

58. Liquid Spill Clean-up Equipment Sufficient supplies of appropriate absorbent materials and/or other spill cleanup equipment shall be kept on site to cover any liquid spillage. Liquid spills shall be cleaned up using dry methods only. Any contaminated materials are to be disposed of appropriately.

59. Carwash Operational Management Plan/ Emergency Response Plan kept on site

The Carwash Operational Management Plan/ Emergency Response Management Plan must be kept on site at all times and be available for inspection by an officer of Council as requested. Being a planning matter, the Mayor called for a division to record the votes on this matter VOTING FOR THE MOTION Councillor Dr Byrne General Manager Dave Walker VOTING AGAINST THE MOTION Nil

ITEM-3 DA NO. 441/2013/MA - A CARPORT - LOT 1 DP 537402 - 109A CECIL AVENUE, CASTLE HILL


13 RESOLUTION

The Development Application be approved subject to the following conditions. 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. 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: - 1. Deletion of hair dressing salon and glass sliding doors from the floor plan and

elevations.



REFERENCED PLANS

DRAWING NO DESCRIPTION SHEET REVISION DATE DA1 Site plan Sept 2012 DA2 floor plan Sept 2012 DA3 Elevation plan Sept 2012

2. Building Work to be in Accordance with BCA All building work must be carried out in accordance with the provisions of the Building Code of Australia.

3. Adherence to Approved Waste Management Plan The Waste Management Plan submitted to and approved by Council must be adhered to at all stages in the demolition/construction/design of facilities and on-going use phases. All waste material nominated for recycling must be reused or recycled. 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 used as a waste facility. Dockets/receipts verifying recycling/disposal must be kept and presented to Council when required.

4. Waste Storage and Separation - Construction and Demolition The reuse and recycling of waste materials must be maximised during construction and demolition. The separation and recycling of the following waste materials is required:

1) masonry products (bricks, concrete, concrete roof tiles) to be sent for crushing/recycling;

2) timber waste to be separated and sent for recycling;

3) metals to be separated and sent for recycling;

4) clean waste plasterboard to be returned to the supplier for recycling (excluding plasterboard from demolition); and

5) mixed waste (plastic wrapping, cardboard etc) to be sent to a licenced recycling or disposal facility

This can be achieved by constructing a minimum of five trade waste compounds on-site. Each waste compound must be adequately sized to enclose the waste. Alternatively, mixed waste may be stored in one or more adequately sized waste compounds and sent to a waste contractor/waste facility that will sort the waste on their site for recycling. Waste must be adequately secured and contained within designated waste areas and must not leave the site onto neighbouring public or private properties. Personal waste must not litter the site. Copies of actual weighbridge receipts verifying recycling/disposal must be kept and presented to Council when required.

PRIOR TO WORK COMMENCING ON THE SITE 5. Council as Principal Certifying Authority A sign is to be erected displaying the following information;-

Principal Certifying Authority The Hills Shire Council P.O. Box 75 CASTLE HILL NSW 1765 Ph 9843 0555

The name of the person in charge of the work, a contact phone number outside of work hours and a statement that unauthorised entry to the work site is prohibited. Such sign be maintained while the building work is carried out and removed on completion.



6. Builder and PCA Details Required Notification in writing of the builder’s name, address, telephone and fax numbers to be submitted to the Principal Certifying Authority prior to work commencing.

Two days before work commences, Council shall be notified of the Principal Certifying Authority in accordance with the Regulations.

7. Management of Building Sites – Builder’s Details The erection of suitable fencing or other measures to restrict public access to the site and building works, materials or equipment when the building work is not in progress or the site is otherwise unoccupied.

The erection of a sign, in a prominent position, stating that unauthorised entry to the site is not permitted and giving an after hours contact name and telephone number. In the case of a privately certified development, the name and contact number of the Principal Certifying Authority.

8. Consultation with Service Authorities Applicants are advised to consult with Telstra and Australia Post regarding the installation of telephone conduits and letterboxes respectively.

Unimpeded access must be available to the electricity supply authority, during and after building, to the electricity meters and metering equipment.

The building plans must be submitted to the appropriate Sydney Water office to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements. If the development complies with Sydney Water’s requirements, the building plans will be stamped indicating that no further requirements are necessary.

9. Erosion and Sedimentation Controls Erosion and sedimentation controls shall be in place prior to the commencement of site works; and maintained throughout construction activities until the site is landscaped and/or suitably revegetated. The controls shall be in accordance with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

10. Approved Plans to be Submitted to Sydney Water The approved plans must be submitted to a Sydney Water Quick Check agent to determine whether the development will affect any Sydney Water wastewater and water mains, stormwater drains and/or easement, and if any requirements need to be met. Plans will be appropriately stamped.

Please refer to the web site www.sydneywater.com.au for:

Quick Check agents details - See building and Developing then Quick Check

and

Guidelines for Building Over/Adjacent to /Sydney Water Assets - see Building and Developing then Building and Renovating.

or telephone 13 20 92.

DURING CONSTRUCTION 11. 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. Council will exercise its powers under the Protection of the Environment Operations Act, in the event that the building operations cause noise to emanate from the property on Sunday or Public Holidays or otherwise than between the hours detailed above.

12. Compliance with Critical Stage Inspections and Other Inspections Nominated by the Principal Certifying Authority Section 109E(d) of the Act requires certain specific inspections (prescribed by Clause 162A of the Regulations) and known as “Critical Stage Inspections” to be carried out for building work. Prior to permitting commencement of the work, your Principal Certifying Authority is required to give notice of these inspections pursuant to Clause 103A of the Regulations.

N.B. An Occupation Certificate cannot be issued and the building may not be able to be used or occupied where any mandatory critical stage inspections or other inspections required by the Principal Certifying Authority are not carried out.

Where Council is nominated as Principal Certifying Authority, notification of all inspections required is provided with the Construction Certificate approval.

NOTE: You are advised that inspections may only be carried out by the PCA unless by prior agreement of the PCA and subject to that person being an accredited certifier.

13. Roof Water Drainage Gutter and downpipe and/or rainwater tank overflow, to be provided and connected to an approved lawful discharge point (ie. kerb, inter-allotment drainage easement or OSD) upon installation of roof coverings.

Being a planning matter, the Mayor called for a division to record the votes on this matter VOTING FOR THE MOTION Councillor Dr Byrne General Manager Dave Walker VOTING AGAINST THE MOTION Nil

ITEM-5 DA 1210/2011/HB - PROPOSED CENTRAL PRECINCT PLAN - LOTS 8 AND 23 DP 270520 WINDSOR ROAD, ROUSE HILL


14 RESOLUTION

1. The Design Guidelines as provided in Attachment 8 of this report be endorsed.



2. The Development Application be approved subject to the following conditions of consent.

1. Development in Accordance with Submitted Plans The development being carried out in accordance with the following approved plans and details, stamped and returned with this consent except where amended by other conditions of consent.

REFERENCED PLANS AND DOCUMENTS DRAWING NO. DESCRIPTION 01 Location Plan 02 Land Use Context 03 Structure Plan 04 Pedestrian and Cycle Network 05 Open Space

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.

2. Planning Agreement Payment of any Monetary Contributions shall be payable in accordance with the Rouse Hill Regional Centre Planning Agreement dated 29 December 2006.

3. Compliance with Conditions of Masterplan Compliance with all relevant conditions of consent imposed upon Development Consent No. 1604/04/HC relating to the Masterplan except where superseded by conditions of this consent.

4. Level 3 Development Applications for Construction Works Separate Development Applications (known as Level 3 DAs) are to be submitted for any construction works within the Central Residential Precinct and are to be generally in accordance with the approved Masterplan and Central Residential Precinct Plan. All Level 3 Development Applications are to be in accordance with the endorsed Design Guidelines.

5. Mungerie House Curtilage All buildings/dwellings within the 70 metre curtilage of Mungerie House as shown in the Design Guidelines are limited to single storey in height.

6. External Colours The colours detailed within the design guidelines are generally acceptable, but the use of colours such as ‘fluorescent fire’, ‘soft amber’, ‘bean counter’, ‘paler pumpkin’, ‘bridge water’, ‘grilled’ ‘bahama blue’, ‘fresco blue’, ‘jaded’, ‘rich red violet’, ‘bright lady’, ‘divine’ ‘genglana’, ‘high priest’, ‘orange keeper’ and ‘deep garnet’ in the Mungerie House curtilage is to be supported by an approved heritage impact statement submitted and approved by Council. All Level 3 Development Applications are required to be accompanied by a schedule of materials and colours.

7. Cycleways & Pedestrian Links The proposed cycleway and pedestrian links are to connect into the proposed network within the adjoining precincts.

8. Trees Suitable for Street and Park Planting A landscape plan is required to accompany all Level 3 Development Applications. Landscape works within the Central Residential Precinct are to promote the growth of indigenous plantings which are endemic to the area wherever possible in combination with other appropriate species and are to be consistent with the approved Street Tree Masterplan. The submission of the landscaping plan shall include a statement indicating how the landscaping principles of the ESD initiatives will be achieved.



9. Tree Removal In principle approval is granted for the removal of the trees as described in the Masterplan. However, the physical removal of any trees must be addressed in any Level 3 Development Application or Tree Removal Application and where possible trees will be retained.

10. Acoustic report – apartments facing north along Tributary 3 Stage 3 Applications for apartments and/or dwellings facing north along Tributary 3 shall be accompanied by an acoustic report assessing the impact of noise from loading docks to determine if specific construction methods are necessary to ensure that acoustic amenity is achieved.

11. Acoustic report – Shop-top housing Level 3 applications for ground floor retail and commercial uses in conjunction with shop-top housing shall be accompanied by an acoustic report.

12. Waste Collection Vehicles Roads are to be designed with the following considerations in mind with regards to garbage collection vehicles;

- Should be of adequate width for council’s collection vehicles to service the bins (consideration should be given to placement of median strips, vehicle street parking and trees planted on roadside as these reduce accessibility of trucks on the road).

- Reversing of collection vehicles is not permitted under any circumstances and trucks must always be moving in a forward direction.

- Ensure adequate manoeuvring around corners – in one single turn. - Street trees with low or overhanging branches can create a hazard for the swing

arm of the garbage truck and should be avoided where regular servicing is necessary.

Full specifications of Council’s garbage collection vehicles can be found on Council’s website (http://www.thehills.nsw.gov.au/Construction-and-Demolition-Waste.html). 13. Waste Management Plans Each Level 3 Development Application submitted for the Central Residential Precinct must be accompanied by a waste management plan detailing arrangements for both construction and occupancy of the dwellings. The waste management plan following the precinct plan must address the following:

(i) Estimates of the types and quantities of waste that will be generated during construction as well as details of recycling/disposal contractors and facilities. Copies of actual weighbridge receipts verifying recycling/disposal must be kept and presented to Council upon request.

(ii) The location where household waste will be stored on a weekly or fortnightly basis

must be shown on plan drawings. Designated bin storage areas must not be located in garages or be visible from the road. A suitable path must be provided from the storage area to the kerbside that is not hindered by steps or landscaping.

14. Design of facilities/on-going management For multi storey buildings the design of facilities/on-going management section of the Waste Management Plan is to include and operational waste management plan detailing specific procedures/strategies for the management of waste from the development. Separate bin storage areas for residential and commercial uses are essential.



15. Street Naming The road network varies from that previously approved. A written application for street naming responding to these changes must be submitted to Council for approval.

The street names proposed must comply with Guidelines for the Naming of Roads produced by the NSW Geographical Names Board. The guidelines can be obtained from the Boards website:

http://www.gnb.nsw.gov.au/

The application must nominate three suggested names per street, in order of preference, and must relate to the physical, historical or cultural character of the area.

16. Recycled Water The subject site must be connected to Sydney Water’s Rouse Hill Recycled Water Scheme, unless written evidence from Sydney Water is submitted advising that this service is not available.

17. Waterways Requirements The Applicant is to provide a report on the application of Water Sensitive Urban Design (WSUD) infrastructure in all future Level 3 Development Applications for subdivsion, to demonstrate compliance with the water quality targets contained within the document “Rouse Hill Regional Centre - Central Residential Precinct Design Guidelines September 2012”. Such report is to be supported by the submission of all relevant water quality modelling data and result files.

18. Water Sensitive Urban Design Requirements The WSUD elements within the precinct must be designed and constructed, as part of each subsequent Level 3 DA, in accordance with:

i. The requirements of Development Consent DA 1604/2004/HC;

ii. The requirements of this precinct approval;

iii. The overarching stormwater management targets established in the Rouse Hill Regional Centre Southern Residential Precinct Stage 4 WSUD Report prepared by Hyder Consulting and dated 15 October 2009;

iv. The Rouse Hill Regional Centre Central Residential Precinct Stage 1 WSUD Report prepared by Hyder Consulting and dated 25 March 2011;

v. The requirements of Sydney Water concerning works in their Caddies Creek corridor;

vi. Any other requirements of Council for each Level 3 DA.

The WSUD elements within the subject site are to be located generally in accordance with the plans and information submitted with this application.


- Water Sensitive Urban Design – Technical Guidelines for Western Sydney, 2004, http://www.wsud.org/tools-resources/index.html; and




19. Water Sensitive Urban Design Handover Process The precinct plan includes a number of WSUD elements. As part of each subsequent Level 3 DA, an operations and maintenance plan must be prepared for all WSUD proposals. The operations and maintenance plan must include:

a. The location and type of each WSUD element, including details of its operation and design;

b. A brief description of the catchment characteristics, such as land uses, areas etc;

c. Estimated pollutant types, loads and indicative sources;

d. Intended maintenance responsibility, Council, landowner etc;

e. Inspection method and estimated frequency;

f. Adopted design cleaning/ maintenance frequency;

g. Estimate life-cycle costs;

h. Site access details, including confirmation of legal access, access limitations etc;

i. Access details for WSUD measure, such as covers, locks, traffic control requirements etc;

j. Description of optimum cleaning method and alternatives, including equipment and personnel requirements;

k. Landscape and weed control requirements, noting that intensive initial planting is required upfront to reduce the requirement for active weed removal;

l. A work method statement;

m. A standard inspection and cleaning form.

All constructed WSUD elements within public areas, being roads or drainage reserves, are to be transferred to Council at the end of the project. The following is required in order to facilitate this handover process:

n. The developer will be responsible for the maintenance of the item for a period of two years following the issuing of a Subdivision Certificate.

o. The operations and maintenance plan for this element (above) is submitted to Council for review/ revision and subsequent approval.

p. Council staff inspects the WSUD measure to confirm that it is being maintained in accordance with the approved maintenance plan.

q. A whole of life assessment is provided for the WSUD measure which is based upon the expenses incurred during the maintenance period, and documentation is provided to confirm these expenses.

r. WAE drawings and any required engineering certifications are provided to Council.

s. Where water quality monitoring has been determined by Council as being required, monitoring results must be submitted to Council for review.

t. Details of all incidents including OHS incidents, public safety, WSUD performance and complaints received should be provided.

If Council determines that the WSUD measure is not complying with the conditions of this approval or monitoring identifies that it is not performing as anticipated, Council may request that alterations be made to the WSUD element prior to transfer.



For the purposes of complying with the above a WSUD treatment system is considered to include all functional elements of the system as well as any landscaped areas directly surrounding the system.

Refer to the consultation draft document entitled Managing Urban Stormwater: Urban Design (October 2007) prepared by the SMCMA and the then NSW DECCW for more information.

20. Relocation of Cycle Route The proposed ‘on-road signposted cycle route’ shown on Plan 04 is to be amended in terms of its location to an off-road cycle link through the neighbourhood park. The cycle link is to be extended along Bond Street to Civic Way to ensure a link is provided from Caddies Creek to Civic Way. 21. Vehicular Access and Parking The formation, surfacing and drainage of all driveways, parking modules, circulation roadways and ramps is required as part of each Level 3 DA, with their design and construction complying with:

a) AS/ NZS 2890.1:2004

b) AS/ NZS 2890.6:2009

c) AS 2890.2:2002

d) DCP Part D 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 pavement design must consider the largest design service vehicle expected to enter the site.

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

22. Engineering Works – Design and Construction Approval Process The design certification and construction approval of the engineering works required as part of each subsequent Level 3 DA require separate approval prior to the commencement of any works.

Works on existing public roads or any other land under the care and control of Council require an Engineering Construction Certificate (ECC) in accordance with the Roads Act 1993 or the Local Government Act 1993. This includes the construction of new roads which are to be dedicated as public road. An ECC can only be issued by Council.

All other engineering works must be approved by either Council or an accredited certifier. 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.

23. Consistency with Aboriginal Heritage Impact Permit All proposed works are to be consistent with Aboriginal Heritage Impact Permit (AHIP) #2368.



Being a planning matter, the Mayor called for a division to record the votes on this matter VOTING FOR THE MOTION Councillor Dr Byrne General Manager Dave Walker VOTING AGAINST THE MOTION Nil The Minutes of the above Meeting were confirmed at the Meeting of Council held on 12 February 2013.

MAYOR GENERAL MANAGER

Draft Minutes - 10 January 2013

Documents

Transcript of Draft Minutes - 10 January 2013