Development Assessment Unit - The Hills Shire · ORIGINAL REFERENCED PLANS AND DOCUMENTS – 1278/2012/JP DRAWING NO. DESCRIPTION DATE DA00 Issue J Drawing List, Context and Summary

Development Assessment

Unit

Tuesday, 28 June 2016

THE H

ILLS S

HIR

E C

OU

NC

IL

DEVELOPMENT ASSESSMENT UNIT MEETING 28 JUNE, 2016

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 1097/2016/HD - CONSTRUCTION OF A

VETERINARY HOSPITAL – LOT 1 DP 536803, NO.

45 BLUE GUM ROAD, KENTHURST

7


PAGE 3

MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE

HILLS SHIRE COUNCIL ON TUESDAY, 21 JUNE 2016

PRESENT

Cameron McKenzie Group Manager – Environment & Planning (Chair)

Paul Osborne Manager – Development Assessment

Andrew Brooks Manager – Subdivision & Development Certification

Mark Colburt Manager – Environment & Health

Craig Woods Manager – Regulatory Services

Brent Woodhams Forward Planning Co-ordinator

Kristine McKenzie Principal Executive Planner

APOLOGIES

Stewart Seale Manager – Forward Planning

TIME OF COMMENCEMENT

8:30am

TIME OF COMPLETION

8:37am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 14 June

2016 be confirmed.

ITEM-2 DA 1278/2012/JP/A – SECTION 96(1A)

MODIFICATION TO AN APPROVED MIXED USE

DEVELOPMENT – LOT 100 DP 1208535 NO. 2 SEVEN

HILLS ROAD, BAULKHAM HILLS

RESOLUTION

The Section 96(1A) modification application be approved subject to the following

amended conditions:

1. Condition 1 be deleted and replaced with:

1. Development in Accordance with Submitted Plans

The development being carried out in accordance with the following approved plans and

details, stamped 1278/2012/JP and amended by 1278/2012/JP/A and returned with this

consent except where amended by other conditions of consent.


PAGE 4

ORIGINAL REFERENCED PLANS AND DOCUMENTS – 1278/2012/JP

DRAWING NO. DESCRIPTION DATE

DA00 Issue J Drawing List, Context and Summary June 2014

DA01 Issue A Site Analysis and Demolition Plan November 2011

DA02 Issue F Site, Roof and Height Plan February 2014

DA03 Issue F Ground Floor Plan February 2014

DA04 Issue E Level 01 Plan November 2013







DA11 Issue E Level 08-10 Typical Plan November 2013

DA12 Issue E Level 011-14 Typical Plan November 2013

DA13 Issue F Lower Ground Floor Plan February 2014

DA14 Issue G Basement 01 Plan February 2014


DA16 Issue H Basement 03 Plan April 2014


DA18 Issue H Basement 05 Plan February 2014

DA19 Issue E Sections A + B November 2013

DA20 Issue E Sections C + D November 2013

DA21 Issue E Section E + Windsor Road Elevation November 2013

DA22 Issue G Seven Hills Road + West Elevation April 2014

DA23 Issue E South East Elevation + External Finishes November 2013

DA24 Issue C Shadow Diagrams: 21st June February 2013

DA25 Issue B Shadow Diagrams: 21st December October 2012

DA27 Issue B Setback Plans February 2013

LS01-DA Landscape Plan Ground Floor 07/03/13 Issue B

LS02-DA Landscape Plan Roof Levels 16/12/11 Issue A

5776/02 Plan showing Details and Levels

Sheet 1 of 7 Sheets

24/1/02


Sheet 5 of 7 Sheets

24/1/02


Sheet 6 of 7 Sheets

24/1/02


Sheet 7 of 7 Sheets

24/1/02

--- Photomontages (4 Sheets) Lodged with Council

05/06/2012


PAGE 5

AMENDED REFERENCED PLANS AND DOCUMENTS – 1278/2012/JP/A


DA02 Site, Roof + Height Plan Dec. 2015 Rev H

DA03 Ground Floor Plan Dec. 2015 Rev J

DA04 Level 1 Plan Dec. 2015 Rev J

DA05 Level 2 Plan Dec. 2015 Rev G






DA11 Level 8-10 Typical Plan Dec. 2015 Rev G

DA12 Level 11-14 Typical Plan Dec. 2015 Rev G

DA13 Lower Ground Floor Plan Dec. 2015 Rev J

DA14 Basement B01 Plan Dec. 2015 Rev K

DA15 Basement B02 Plan Dec. 2015 Rev K

DA16 Basement B03 Plan Dec. 2015 Rev L

DA17 Basement 04 Plan Dec. 2015 Rev J

DA18 Basement B05 Plan Dec 2015 Rev K

DA19 Section A + B Dec. 2015 Rev F

DA19.1 Section A.1 & Section B.1 Dec. 2015 Rev A

DA 19.2 Section A.2 Dec. 2015 Rev A

DA20 Section C + D Dec. 2015 Rev G

DA20.1 Section C.1 & Section D.1 Dec. 2015 Rev A

DA21 Section E + Windsor Rd Elevation Dec. 2015 Rev F

DA21.1 Section E.1 & Windsor Rd Elevation 2 Dec. 2015 Rev A

DA22 Seven Hills Road + West Elevation Dec. 2015 Rev J

DA22.1 Seven Hills Road 2 & West Elevation 2 Dec. 2015 Rev A

DA23 South East Elevation Dec. 2015 Rev. G

DA23.1 South East Elevation 2 Dec. 2015 Rev B

DA40 Ground Floor Plan Column Comparison Dec. 2015 Rev A

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. The deletion of Conditions 67, 68, 69, 70, 71 and 95.

3. The addition of the following Conditions 98a and 98b:

98a. Public Road/ Road Widening Dedication

A Final Occupation Certificate must not be issued until the proposed public roads/ road

widening have been dedicated in accordance with the Preliminary Property Line Drawing

CC101-2 Revision A dated 01/07/2015 relating to dedication of Windsor Road, Seven

Hills Road and Yattenden Crescent widening at no cost to Council.

The applicant must apply to Council for a subdivision Certificate.


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When submitted, the application must include:

a) One copy of the final plan.

b) The original administration sheet and Section 88B instrument.

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

d) An AutoCAD copy of final plan (GDA 1994 MGA94 Zone56).

98b. Final Plan and Section 88B Instrument

The final plan and Section 88B instrument must provide for the following. Council’s

standard recitals must be used.

a) Dedication – Road Widening

The dedication of the proposed road widening on Windsor Road, Seven Hills Road and

Yattenden Crescent must be included on the final plan in accordance with the preliminary

subdivision plan CC101-2 Revision A dated 01/07/2015 at no cost to Council or the RMS.

b) Positive Covenant – Maintenance/ Repair of Overhanging/ Encroaching

Structure

A positive covenant must be placed on the title of the subject site to ensure the

maintenance/ repair of the building elements that encroach into the public road reserve/

footpath. The encroachments must be identified on the final plan/ survey and the terms

of the positive covenant must satisfy Council.

END MINUTES


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ITEM-2 DA 1097/2016/HD - CONSTRUCTION OF A

VETERINARY HOSPITAL – LOT 1 DP 536803, NO. 45

BLUE GUM ROAD, KENTHURST

THEME: Balanced Urban Growth

OUTCOME: 7 Responsible planning facilitates a desirable living

environment and meets growth targets.

STRATEGY:

7.1 The Shire’s natural and built environment is well

managed through strategic land use and urban planning

that reflects our values and aspirations.

MEETING DATE: 28 JUNE 2016

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: PRINCIPAL EXECUTIVE PLANNER

KRISTINE MCKENZIE

RESPONSIBLE OFFICER: MANAGER – DEVELOPMENT ASSESSMENT

PAUL OSBORNE

EXECUTIVE SUMMARY

The proposal is for a veterinary hospital which will include one consulting room. The two

storey building will be constructed in the location of an existing tennis court.

The proposal complies with the provisions of DCP Part B Section 1 Rural, DCP Part C

Section 1 Parking and DCP Part C Section 2 Signage with the exception of a variation to

the setback between the proposed driveway and eastern (side) boundary. The DCP

requires a 2 metre landscape setback, however a setback of 1.5-4.7m is proposed. The

proposed setback is considered satisfactory given the existing landscape works along the

side boundary.

The proposal was notified to adjoining property owners and two submissions were

received. The issues raised relate to signage, hours of operation, traffic, sight distance,

impacts on amenity. The applicant has reduced the proposed hours of operation and

deleted an illuminated light box cube in response. The proposal will generate minimal

traffic and the sight distance is considered satisfactory. A number of conditions have

been recommended to ensure that the proposal will operate in a satisfactory manner in

order to mitigate amenity impacts.

The proposal is considered satisfactory and approval is recommended subject to

conditions.


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BACKGROUND MANDATORY REQUIREMENTS

Applicant: Home Plan

Architects

1. LEP 2012 – Permissible with

consent.

Owner: S and M McCusker 2. SREP 20 –Hawkesbury Nepean River

– Satisfactory.

Zoning: RU6 Transition 3. DCP Part B Section 1 Rural -

Satisfactory.

Area: 2.023 hectares 4. DCP Part C Section 1 Parking –

Variation Required, see report

Existing Development: Existing Dwelling

and Associated

Works

5. DCP Part C Section 2 Signage –

Satisfactory.

6. Section 79C (EP&A Act) –

Satisfactory.

7. Section 94A Contribution - $2585

SUBMISSIONS REASONS FOR REFERRAL TO DAU

1. Exhibition: Not required 1. Variation to DCP

2. Notice Adj Owners: Yes, 14 days

2. Two submissions

3. Number Advised: 11

4. Submissions

Received:

Two POLITICAL DONATION – None disclosed

HISTORY

28/01/2016 Subject application lodged.

17/02/2016 Letter sent to the applicant requesting additional information

regarding external materials and colours, signage, rainwater

tank location, landscape plans, acoustic report, wastewater

disposal, drainage, parking and BCA compliance.

11/03/2016 Additional information submitted by the applicant.

22/03/2016 Email to the applicant regarding the status of the previously

requested acoustic report.

31/03/2016 Acoustic report submitted.

14/04/2016 Email sent to the applicant requesting additional information

regarding wastewater disposal, tree retention, drainage and

BCA compliance.


PAGE 9

09/05/2016 Additional information submitted by the applicant.

30/05/2016 Email sent to the applicant requesting additional information to

satisfy BCA compliance.

06/06/2016 Request from the applicant that the CC be dealt with separately

from the DA. This was agreed to.

PROPOSAL

The proposal is for a veterinary hospital. The proposal includes the following:

A new two storey veterinary hospital for operation by the resident/owner who is a

vet, constructed over the existing tennis court area within the front setback.

• Provision of 1 veterinary consulting room and all the necessary accompanying

facilities including reception, office, pharmacy/lab, surgery, library, laundry, staff

room, animal holding rooms, toilet/bathroom facilities.

• Provision of sealed driveway access from Blue Gum Road (through an existing gate

access) and a parking area containing five parking spaces which includes one

disabled space.

The veterinary hospital will employ three staff members. The employees comprise a vet

and two other staff members. The proposed hours of operation are:

Monday – Friday 9am – 6pm

Saturday 9am – 12 noon

Note: the original proposed hours of operation (previously 9am-6pm Monday to Friday

and 9am – 12 noon on weekends and Public Holidays) were reduced by the applicant.

The proposed building will be constructed of:

Roof – colourbond, ‘Gully Grey’.

External walls ground floor – fibre cement sheeting, ‘Hogs Bristle’ (medium brown).

External walls upper floor – weatherboard profile, ‘Hogs Bristle Half’ (light brown/cream).

The applicant has advised that the veterinary hospital does not include any boarding

kennels. Holding kennels for animal recovery are provided but will only be used for post

treatment recuperation, which may include an overnight stay.

One sign is proposed which will be attached to the existing fence beside the entry

driveway. The sign is 1.2m x 0.9m (area 1.08m2).

ISSUES FOR CONSIDERATION

1. Compliance with LEP 2012

The subject site is zoned RU6 Transition under LEP 2012. The proposal is best defined as

follows:


PAGE 10

veterinary hospital means a building or place used for diagnosing or surgically or

medically treating animals, whether or not animals are kept on the premises for the

purpose of treatment.

The proposed veterinary hospital is a permissible use in the zone.

The proposal satisfies the above definition. It may be noted that the proposal includes

holding kennels for overnight stays for animals in recovery, however boarding of animal

is not proposed.

The proposal is satisfactory in regard to LEP 2012.

2. Compliance with DCP Part B Section 1 – Rural and DCP Part C Section 2 -

Signage

There are no clauses within the DCP which are specific to a veterinary hospital. The

proposal has been considered having regard to the general provisions relating to all

development. The proposal complies with the front setback requirement of 10 metres

and site coverage requirements.

The proposal will utilise grey, brown and cream colours which are in keeping with the

rural character of the area. Existing landscape works will be retained along the front and

side boundaries to assist with screening the development, with additional landscape

works proposed.

The proposal also includes one non-illuminated sign which will be attached to the

existing fence beside the entry driveway. The sign is 1.2m x 0.9m (area 1.08m2). The

proposed sign is satisfactory in regard to the DCP requirements.

It is noted that the original proposal included a blue cube light box however this has

been deleted by the applicant.

The proposal is considered satisfactory in regard to the DCP requirements.

3. Compliance with DCP Part C Section 1 - Parking

a. Parking Spaces

The DCP contains the following rate for a vet hospital:

3 spaces per consulting room plus

1 space/10 cats or dogs accommodated overnight

The proposal contains one consulting room. There are 16 cages for overnight

accommodation. As such five spaces are required based on the DCP requirements. This

includes one disabled space.

It is also noted that the vet and one other staff member reside on the property.

Notwithstanding this arrangement, there is adequate parking provided in accordance

with the DCP requirements.

The proposal is satisfactory in regard to the DCP requirements.


PAGE 11

b. Setback to Driveway

The DCP requires that a 2 metre landscape setback be provided between the boundary

and the driveway. The driveway has a setback of 1.5-4.7 metres. The applicant has

submitted the following as justification:

The proposed driveway has been relocated to avoid, retain and provide clearance space

to an existing large gum tree located adjacent to the existing tennis court and gravel

track. This has resulted in a 1.55m driveway setback from the eastern site boundary for

a very small portion of the new driveway – only 4.2m of the 38.6m driveway length is

closer than the DCP guideline setback - with the majority of the driveway provided with a

generous 4.7m setback. The setback in this area already contains established screen

planting.

The proposed location of the new driveway has been carefully considered to optimise

privacy (with retention of existing screen planting adjacent to the boundary), provides

sufficient width for vehicle and waste truck access/manoeuvring as required by Council,

and to provide the necessary root protection zone clearance from the existing large gum

tree to the proposed asphalt driveway.

We submit that the proposed minor 45cm variation to the 2m DCP driveway setback

guideline (which only extends for 4.2m of the whole driveway length) is a reasonable

minor variation and seek council support for this to allow for the retention of the existing

large gum tree in the proposed new vet hospital.

Comment:

The objectives of the DCP are:

(i) To provide appropriate landscaping for external and uncovered car parks so that

they do not detract from the surrounding area.

(ii) To provide shade and improve amenity of loading, service and parking areas and

to provide a buffer to neighbouring properties.

(iii) To utilise landscaping to provide amenity to neighbouring properties in

accordance with Council’s ESD objective 7.

In regard to the variation, the original plans submitted with the application did not

proposed a variation to the landscape setback. However in response to concerns raised

by Council’s tree Management Officer regarding the retention of a large tree adjacent to

the driveway, the applicant amended the plans. This resulted in the driveway being

relocated to the east.

There is existing landscape planting located along the eastern boundary. The species

used includes ‘Leighton Greens’ hedging, Lilly Pillys and viburnum. These species will

have a mature height of 5-6m, 3-5m and 3-4m respectively, however it is noted that

currently the planting has a height of approx. 1.2 metres. The proposed variation is

along one part of the side boundary only and is considered minor.

The proposed variation is considered satisfactory and can be supported.

4. Draft DCP Requirements

On 14 June 2016 Council considered a report which reviewed the RU6 Transition zone

objectives and permitted land uses and resolved that Council publicly exhibit draft

amendments to The Hills Development Control Plan. The report outlined that certain

uses may have a ‘higher impact’ with increased potential to result in land use conflict

and impact on lifestyle. The report identified that veterinary hospitals are one of the


PAGE 12

potential higher impacts uses. The report outlined new DCP requirements for vet

hospitals. Council resolved as follows:

The Draft DCP requirements have not yet been placed on exhibition. The application was

lodged on the 28 January 2016. Notwithstanding this, the following table outlines the

draft requirements:

Draft DCP Requirement Comment

Proposals to demonstrate that they will not

give rise to offensive odour and demonstrate

appropriate measures to reduce the impacts

of odours on adjoining properties.

The applicant has appropriately

addressed waste management on the

site. Should any future impacts arise,

action may be taken under POEO Act.

Proposal to comply with the objectives and

controls of Clause 2.22 Waste Management

Storage and Facilities in Part B Section 6 –

Business of the DCP.

The application includes the provision of

a waste management area. In addition

a number of conditions have been

recommended to ensure appropriate

waste management – see Conditions

14, 16, 39 and 40.

Proposals must demonstrate they will not give

rise to offensive noise as defined in the

Protection of the Environment Operations Act

and shall comply with the NSW Industrial

Noise Policy.

The application included an acoustic

report which is satisfactory. In addition

a number of conditions have been

recommended to ensure appropriate

acoustic outcomes – see Conditions 19,

26 and 41.

Any structure or area associated with the

activity (including parking or manoeuvring

areas) to be setback a minimum distance of

15 metres from the property boundary.

The parking DCP requires a 2 metre

setback to the boundary for parking and

driveway areas. A variation has been

identified to the proposed DCP

amendment requirement – see Section

3.

All animal lodging areas must be internal and

used only for temporary or short-term lodging

associated with medical procedures

administered on-site.

The proposal does not include the

boarding of animals. Only animals under

care ie: as part of treatment or

recuperation are permitted overnight -

see Condition 38.

Dense landscape screening must be

incorporated into side and rear setbacks to

effectively screen all components of the

development from adjoining property

boundaries.

The proposal includes the retention of

existing landscape screen planting a

new planting. This will provide an

appropriate landscape screen.

Light spill outside the property boundary is to

be avoided. For additional guidance refer to

AS 4282 - Control of the obtrusive effects of

outdoor lighting.

A condition has been recommended

which requires that any lighting be

designed so as not to create nuisance to

adjoining properties – see Condition 42.

The calculation of site coverage includes all

structures associated with the activity, all

outdoor areas utilised by the activity (either

frequently or infrequently) as well as all

parking areas, manoeuvring areas, and any

associated dwellings, outbuildings, hard-

surface areas, fenced in areas or ancillary

items.

The DCP limits site coverage for sites

between 2 - 10 ha: 15% or 2500m2

(whichever is the lesser). The 2500m2

criteria is applicable. The proposed site

coverage is 2109.6m2.

Requirements with respect to wastewater

treatment and ‘wash-down water’.

The proposal includes a separate

wastewater system for the vet use

which will cater for all wastewater

generated by the use.


PAGE 13

5. Submissions

The proposal was notified to adjoining property owners for 14 days. Two submissions

were received. The following outlines the matters raised in the submissions.

ISSUE COMMENT OUTCOME

With regard to the proposed

hours of operation on

Sundays and Public

Holidays. The area is one of

private residences and

increased traffic and noise

at those times would impact

on the quiet enjoyment of

our home.

The applicant has reduced the

proposed hours of operation to:

Monday – Friday 9am –

6pm


It is acknowledged that a staff

member may visit the site outside

of these hours to attend to

animals in overnight care.

Issue addressed.

The 0.3 x 0.3 m illuminated

blue glass box “VET”

identification light would not

be in keeping with the area

which has no street lights or

other illuminated signs.

The light box cube has been

deleted from the proposal.

The remaining sign to be erected

is not illuminated.

Issue addressed.

The proposed driveway into

the Veterinary Hospital is

located on Blue Gum Road,

a road which is relatively

narrow, with poor visibility

of traffic travelling towards

Pitt Town Road. The

driveway is close to

residential driveway which

could create problems with

vehicle egress. Due to

driveway level changes,

residential vehicles are

requires to stop before

turning into driveways.

Council’s Principal Co-ordinator

Roads and Transport has

reviewed the proposal and has

advised that the location of the

proposed driveway provides

sufficient sight distances for

vehicles entering/exiting the site

in accordance with Austroads and

RMS Guidelines.

Issue addressed.

General increased traffic

into the street, with cars

stopping, turning into and

pulling out of the proposed

Veterinary Hospital will

create a lot of noise and

traffic flow problems on a

small roadway.

Unfortunately many vehicles

using Blue Gum Road treat

it as a ‘race track’ and travel

well over the speed limit on

this section of road.




advised that the proposed

operations will have a negligible

impact on operational efficiency of

the road network or nearby

intersections.

Should speeding or unsafe driving

occur, this is a Police matter.

Issue addressed.


PAGE 14

The two storey dwelling

proposed will not be

screened from the street by

existing vegetation due to

its height.

The proposal is for a vet, not a

dwelling. The landscape plan

submitted indicates that existing

screen planting along the front

boundary will be retained, with

additional screen planting

undertaken. The planting includes

trees with a mature height of 3-

5m. Whilst the upper floor of the

building will be visible, the

external colours chosen (grey,

brown and cream) are in keeping

with the rural character of the

area.

Issue addressed.

The location of the proposed

building may well afford

privacy to the owners but as

neighbours we feel it will

impact on our privacy, being

close to the front boundary

of the property. Our home

is almost directly opposite

the proposed site.

The objector is located opposite

the subject site, across Blue Gum

Road. The separation is approx.

46 metres from the objectors

dwelling to the location of the

proposed vet building. Given the

separation, there is unlikely to be

any reasonable impacts on

privacy.

Issue addressed.

General increased traffic

into the street, with cars

stopping, turning into and

pulling out of the proposed

Veterinary Hospital will

create a lot of noise and

traffic flow problems on a small roadway.




advised that the proposed

operations will have a negligible

impact on operational efficiency of

the road network or nearby

intersections.

In regard to noise from vehicles,

given the scale of the operation,

there is unlikely to be

unreasonable noise from vehicles

on the site.

Location of the proposed

driveway and parking

spaces in close proximity to

adjoining properties. The

parking spaces will create

dust, dirt, litter and will be an eye sore.

The driveway is located beside

the eastern (common) boundary

however the car parking spaces

are located approx. 11 metres

away from the eastern boundary.

The proposed driveway will be

sealed to minimise dust. The

driveway is set back 1.5 -4.7m

from the boundary. The proposed

setback to the driveway is

addressed above in Section 3.

Issue addressed.


PAGE 15

Noise impact from animals

which will disturb the

peaceful serenity.

The proposal has been reviewed

by Council’s Environmental Health

Co-ordinator who has advised

that the proposal will not create

offensive noise impacts. A

number of conditions have been

recommended which require the

construction is undertaken to

ensure that acoustic requirements

are met. In addition, noise

management requirements will be

required to be met.

Conditions imposed

– see Conditions 19,

26, and 46.

The building will block views

to the Blue Mountains.

LEP 2012 has a height limit in this

area of 10 metres. The proposed

height of the building is 7.1

metres to the ridge. It is

acknowledged that the proposed

building will change the current

views, however the impact is

considered reasonable.

Issue addressed.

The proposed building

should be located to the

opposite side of the owner’s

property which has

sufficient drive way and

parking or down the back of

his property where the land

has been sufficiently cleared

and has driveway access,

which is lower down in the

gully and will reduce noise

and disturbance to all

neighbours.

The proposed location of the

works has been reviewed on

merit and is considered

satisfactory. The proposal

complies with front setback

requirements and will utilise an

existing cleared area used as a

tennis court.

Issue addressed.

Loss of property values. This is not a matter for

consideration.

Issue addressed.

BUILDING SURVEYOR’S COMMENTS

No objection raised to the proposal subject to conditions. Relevant conditions are

included in the recommendation.

ENGINEERING COMMENTS



TRAFFIC COMMENTS

Council’s Principal Co-ordinator Roads and Transport has reviewed the proposal. Based

on a client turnover of 30 min/client over a six hour period, plus 3 additional movements

for pathology etc, this equates to a total of 15 daily vehicle movements. This relatively

minor increase in traffic generation will have negligible impact on the operational

efficiency of the surrounding road network or nearby intersections. Similarly the location


PAGE 16

of the proposed driveway provides sufficient sight distances for vehicles entering and

leaving the site consistent with the relevant Austroads and RMS Guidelines.

In this regard there are no objections raised from a traffic engineering perspective to the

proposed development.

TREE MANAGEMENT COMMENTS ‘



ENVIRONMENTAL HEALTH & SUSTAINABILITY COMMENTS

Council’s Environmental Health Co-ordinator has reviewed the proposal and has advised

that the acoustic report presents three models for acoustics, including one where all six

dogs were barking for 15 minutes. The noise modelling predicts that the noise levels

from dogs and mechanical ventilation will not exceed the noise criteria established by the

methodology in the NSW Industrial Noise Policy.

Given the noise levels from 6 dogs and the orientation of the building, it is considered

that offensive noise will not be emitted.

RESOURCE RECOVERY COMMENTS



CONCLUSION

The proposal has been assessed having regard to the provisions of Section 79C of the

Environmental Planning and Assessment Act, 1979, SREP 20 – Hawkesbury Nepean

River and DCP Part B Section 1 Rural, DCP Part C Section 1 Parking and DCP Part C

Section 2 Signage. The proposed variation to the landscape setback has been reviewed

and is considered satisfactory. There were two submissions received to the proposal. The

issues raised have been addressed in the report and do not warrant refusal of the

application.

Approval of the application subject to conditions is recommended.

IMPACTS

Financial

This matter has no direct financial impact upon Council's adopted budget or forward

estimates.

The Hills Future Community Strategic Plan

The proposal is considered satisfactory in regard to The Hills Future Community Strategic

plan and will provide diversity within the Shire through the provision of a facility for

nearby residents which will promote local business opportunities.

RECOMMENDATION

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


PAGE 17

GENERAL MATTERS

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


34701 Site and Stormwater Plan May 2016 Rev. A

34702 Design Drawings June 2016 Rev. B

34703 Shadow Diagrams January 2016

34704 Landscape Plan May 2016 Rev. A

--- Schedule of Finishes January 2016

215403 Survey Plan Sheet 1 South 18/11/2015

215403 Survey Plan Sheet 2 North 18/11/2015

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. Tree Removal

Approval is granted for the removal of one (1) Eucalyptus spp. (Ironbark) tree as shown

on the Landscape Concept Plan prepared by Homeplan Architects, dated May 2016.

All other trees are to remain and are to be protected during all works. Suitable

replacement trees are to be planted upon completion of construction.

3. Signage

Approval is granted for one non-illuminated sign with dimensions of 1.2m x 0.9m (area

1.08m2) as shown on the approved plans.

A separate application is required to be submitted to, and approved by Council prior to

the erection of any advertisements or advertising structures other than the sign

approved in this consent.

4. Planting Requirements

All trees planted as part of the approved landscape plan are to be minimum 75 litre pot

size. All shrubs planted as part of the approved landscape plan are to be minimum

200mm pot size. Groundcovers are to be planted at 5/m2.

5. Protection of Public Infrastructure

Council must be notified of any damage to public infrastructure caused by the

development. Adequate protection must be provided prior to work commencing and

maintained during building operations. Any damage caused must be made good, to the

satisfaction of Council, before an Occupation Certificate can be issued. Public

infrastructure includes the road pavement, kerb and gutter, concrete footpaths, drainage

structures, utilities and landscaping fronting the site.

6. Vehicular Access and Parking

The formation, surfacing and drainage of all driveways, parking modules, circulation

roadways and ramps are required, with their design and construction complying with:

- AS/ NZS 2890.1

- AS/ NZS 2890.6

- AS 2890.2

- DCP Part C Section 1 – Parking

- Council’s Driveway Specifications


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Where conflict exists the Australian Standard must be used.

The following must be provided:

a) 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.

b) All driveways and car parking areas must be separated from landscaped areas by

a low level concrete kerb or wall.

c) All driveways and car parking areas must be concrete or bitumen. The design

must consider the largest design service vehicle expected to enter the site. In

rural areas, all driveways and car parking areas must provide for a formed all

weather finish.

d) All driveways and car parking areas must be graded, collected and drained by pits

and pipes to a suitable point of legal discharge.

7. Gutter and Footpath Crossing Application

Each driveway requires the lodgement of a separate gutter and footpath crossing

application, accompanied by the applicable fee as per Council’s Schedule of Fees and

Charges.

8. Minor Engineering Works

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

Any variance from these documents requires separate approval from Council.

Works on existing public roads or any other land under the care and control of Council

must be approved and inspected by Council in accordance with the Roads Act 1993 or

the Local Government Act 1993. A separate minor engineering works application and

inspection fee is payable as per Council’s Schedule of Fees and Charges.

i. Driveway Requirements

The design, finish, gradient and location of all driveway crossings must comply with the

above documents and Council’s Driveway Specifications. The proposed driveway must be

built to Council’s medium duty rural standard.

The driveway must be 6m wide at the boundary and may be splayed to the existing edge

of road bitumen. The driveway must be a minimum of 6m wide for the first 6m into the

site, measured from the boundary. On high level sites a grated drain must be provided

on the driveway at the property boundary.

A separate driveway application fee is payable as per Council’s Schedule of Fees and

Charges.

ii. Footpath Verge Formation

The grading, trimming, topsoiling and turfing of the 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.


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iii. Site Stormwater Drainage

The entire site area must be graded, collected and drained by pits and pipes to a suitable

point of legal discharge.

Stormwater runoff from the site is to be directed and dispersed in a controlled manner

so that there are no impacts on adjoining properties or existing dwellings on-site, over

the rear of the site via a level spreader/ absorption trench or similar, in lieu of a formal

legal point of stormwater discharge via a piped connection/ outlet to a natural

watercourse.

Two rainwater tanks with a combined capacity of 10,000L must be provided which are to

capture all roof water from the veterinary hospital.

iv. Earthworks/ Site Regrading

Earthworks are limited to that shown on the approved plans. Where earthworks are not

shown on the approved plan the topsoil within lots must not be disturbed.

v. Service Conduits

Service conduits, laid in strict accordance with the relevant service authority’s

requirements, are required. Services must be shown on the engineering drawings.

vi. Driveway Construction – Rural

A 6m wide (minimum) formed all weather driveway built to Council’s rural standard must

be provided between the boundary and the existing edge of road bitumen in accordance

with the above documents and Council’s driveway specifications.

9. 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 Construction Certificate issued

by Council under this consent then a separate road opening permit must be applied for

and the works inspected by Council’s Maintenance Services team.

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.

10. Construction Certificate

Prior to construction of the approved development, it is necessary to obtain a

Construction Certificate. A Construction Certificate may be issued by Council or an

Accredited Certifier. Plans submitted with the Construction Certificate are to be amended

to incorporate the conditions of the Development Consent.

11. 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.

12. Separate Waste Storage Areas

The property must incorporate separate waste storage areas to facilitate the separation

of commercial waste and recycling from residential waste and recycling. The commercial

waste bin storage shelter must be constructed in accordance with requirements of

Council’s ‘Commercial/Industrial Waste Storage Area Specifications’.

13. Adherence to Waste Management Plan

All requirements of the Waste Management Plan submitted as part of this Development

Application must be implemented during construction and the ongoing management of

the development, unless where amended by other conditions consent. The information

submitted can change provided that the same or a greater level of reuse and recycling is

achieved as detailed in the plan. Any material moved offsite is to be transported in


PAGE 20

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. Receipts of all

waste/ recycling tipping must be kept onsite at all times and produced in a legible form

to any authorised officer of the Council who asks to see them.

14. Clinical Waste

Adequate yellow sharps containers that comply with AS 4031-1992 must be provided at

the premises for the storage and disposal of clinical and sharps waste. Clinical and

sharps waste must be collected and disposed of by an authorised waste contractor in

accordance with the Protection of the Environment Operations (Waste) Regulation 2005.

15. Management of Construction and Demolition Waste

Any waste generated as a result of construction and demolition for the development is to

be reused and recycled where possible, and any residual waste is to be disposed of at a

licenced waste facility. Waste materials must be appropriately stored and secured within

a designated waste area onsite at all times, prior to its reuse onsite or being sent offsite.

Building waste containers are not permitted to be placed on public property at any time

unless a separate application is approved by Council to locate a building waste container

in a public place. Receipts of all waste/ recycling tipping must be kept onsite at all times

and produced in a legible form to any authorised officer of the Council who asks to see

them.

16. Waste and Recycling Collection Contract

There must be a contract with a licenced contractor(s) for the removal of all waste

generated at the veterinary hospital. Written evidence of a valid and current collection

contract must be held on site at all times and produced in a legible form to any

authorized officer of the Council who asks to see it.

17. NSW Rural Fire Service Requirements

The development is required to be undertaken in accordance with the following

requirements:

a. Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so

as to ensure radiant heat levels of buildings are below critical limits and to prevent direct

flame contact with a building. To achieve this, the following conditions shall apply:

i. At the commencement of building works and in perpetuity the property around

the vet hospital to a distance of:

● 60 metres on the southern elevation and

● the distance between the hospital and northern, eastern and western

property boundaries, shall be maintained as an inner protection area (IPA)

as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire

Protection 2006' and the NSW Rural Fire Service's document 'Standards

for asset protection zones'.

b. Water and Utilities

The intent of measures is to provide adequate services of water for the protection of

buildings during and after the passage of a bush fire, and to locate gas and electricity so

as not to contribute to the risk of fire to a building. To achieve this, the following

conditions shall apply:


PAGE 21

i. Water is to comply with the following requirements of section 4.1.3 of 'Planning

for Bush Fire Protection 2006'.

● In recognition that an unreliable water supply exists, the existing 48 000

litre swimming pool shall be provided for fire-fighting purposes.

● minimum 5hp or 3kW petrol or diesel powered pump shall be made

available to the water supply. A 19mm (internal diameter) fire hose and

reel shall be connected to the pump.

● An 'SWS' marker shall be obtained from the local NSW Rural Fire Service

and positioned for ease of identification by brigade personnel and other

users of the SWS. In this regard:

a) Markers must be fixed in a suitable location so as to be highly visible; and

b) Markers should be positioned adjacent to the most appropriate access for the

static water supply.

c. Access

The intent of measures for property access is to provide safe access to/from the public

road system for fire fighters providing property protection during a bush fire and for

occupants faced with evacuation. To achieve this, the following conditions shall apply:

i. The driveway into the property shall comply with the following requirements;

● The driveway shall be a two wheel drive, all weather road which is capable

of loading of 15 tonnes.

● A minimum carriageway width of 4 metres.

● A minimum vertical clearance of 4 metres to any overhanging obstruction,

including tree branches.

d. Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the

potential impacts of bush fire attack. To achieve this, the following conditions shall

apply:

i. New construction of the vet hospital on the southern elevation shall comply with

Sections 3 and 7 (BAL 29) Australian Standard AS3959-2009 'Construction of

buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of

'Planning for Bush Fire Protection 2006'.

ii. New construction of the vet hospital on the northern, eastern and western

elevations shall comply with Sections 3 and 6 (BAL 19) Australian Standard

AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7

Addendum Appendix 3 of 'Planning for Bush Fire Protection 2006'.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

18. Section 94A Contribution

Pursuant to section 80A (1) of the Environmental Planning and Assessment Act 1979,

and The Hills Section 94A Contributions Plan, a contribution of $2585 shall be paid to

Council. This amount is to be adjusted at the time of the actual payment in accordance

with the provisions of the Hills Section 94A Contributions Plan.


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The contribution is to be paid prior to the issue of the Construction Certificate or

Complying Development Certificate.

You are advised that the maximum percentage of the levy for development under

section 94A of the Act having a proposed construction cost is within the range specified

in the table below;

Proposed cost of the development Maximum percentage of the levy

Up to $100,000 Nil

$100,001 - $200,000 0.5 %

More than $200,000 1%

PRIOR TO WORK COMMENCING ON THE SITE

19. Acoustic design requirements

Materials used in the construction of the veterinary clinic shall meet or exceed the

following Weighted Sound Reduction Index (Rw) levels:

Windows for the dog and cat kennel rooms – 30 Rw

Exterior door for isolating the kennel and dog kennel room – 30 Rw

Roof – 45 Rw

Wall – 45 Rw

Details are to be provided to the Principal Certifying Authority prior to work commencing

on the site.

20. 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 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.

21. 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.


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22. 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.

23. Approved Temporary Closet

An approved temporary closet connected to the sewers of Sydney Water, or alternatively

an approved chemical closet is to be provided on the land, prior to building operations

being commenced.

24. 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).

25. 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).

DURING CONSTRUCTION

26. Acoustic construction requirements

Windows shall be sealed between the frame and the supporting wall to prevent sound

emissions.

All glazing shall be sealed air tight when closed.

Air conditioning units shall have a sound power level of 70 dB(A) or less.

The air conditioner shall be installed on the western side of the building and shall be

outside of the line of sight from the residence at 47 Blue Gum Road.

27. Standard of Works

All work must be carried out in accordance with Council’s Works Specification

Subdivisions/ Developments and must include any necessary works required to make the

construction effective. All works, including public utility relocation, must incur no cost to

Council.

28. 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.


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29. Approval to Install an On-site Sewage Management System

An application under Section 68 of the Local Government Act 1993 is to be made to

install or alter a system of sewage management. The application shall comply with:

a) Local Government (General) Regulation 2005;

b) Part B, Section 1 – Rural of The Hills Development Control Plan (DCP) 2012;

Appendix C – On-site Sewage Management Systems

c) AS/NZS 1547:2000 – On-site Domestic Wastewater Management; and

d) The Environment and Health Protection Guidelines – On-site Sewage Management

for Single Households.

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE

30. Section 73 Certificate must be submitted to the Principal Certifying

Authority before the issuing of an Occupation Certificate

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained

from Sydney Water Corporation.

Make early application for the certificate, as there may be water and sewer pipes to be

built and this can take some time. This can also impact on other services and building,

driveway or landscape design.

Application must be made through an authorised Water Servicing Coordinator. For help

either visit www.sydneywater.com.au > Building and developing > Developing your land

> water Servicing Coordinator or telephone 13 20 92.

The Section 73 Certificate must be submitted to the Principal Certifying

Authority before occupation of the development/release of the plan of

subdivision.

31. Landscaping Prior to Issue of Occupation Certificate

Landscaping of the site shall be carried out prior to issue of the Final Occupation

Certificate in accordance with the approved Landscape Concept Plan. All landscaping is to

be maintained at all times in accordance with THDCP Part C, Section 3 – Landscaping

and the approved landscape plan.

32. Completion of Engineering Works

An Occupation Certificate must not be issued prior to the completion of all engineering

works covered by this consent, in accordance with this consent.

33. Final Inspection

A final inspection shall be carried out to ensure compliance with all the conditions of the

Development Consent, prior to the issue of an Occupation Certificate. Such certificate

shall be issued prior to the occupation/use of the development.

34. Installation/Amendment of System of Sewage Management

The on-site sewage management system shall be installed or amended in accordance

with an approval issued pursuant to an application made under section 68 of the Local

Government Act 1993.

THE USE OF THE SITE

35. Hours of Operation

The hours of operation of the facility are limited to:

Monday – Friday 9am – 6pm


Closed on Sunday and Public Holidays.

Outside of the above hours of operation, a vet or other employee is permitted to attend

the building to attend to animals who are in care in the building.


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Any change to the proposed hours of operation will require the further approval of

Council.

36. Maximum Number of Employees

The vet hospital is limited to a maximum of three employees being on site at any one

time.

37. Use of the Building for Vet Only

The proposed building is limited to use as a vet hospital. The building is not to be used

for residential purposes.

38. No Boarding of Animals

The building is restricted to the keeping of animals overnight only where they are in care

ie: for animal recovery as part of treatment and recuperation. The building is not to be

used for the general boarding of animals.

39. Waste and Recycling Management

To ensure the adequate storage and collection of waste from the occupation or use of

the premises, all garbage and recyclable materials emanating from the premises must be

stored in a designated waste storage area, which includes provision for the storage of all

waste generated on the premises between collections. Arrangement must be in place in

all areas of the development for the separation of recyclable materials from garbage. All

waste storage areas must be screened from view from any adjoining residential property

or public place. Under no circumstances should waste storage containers be stored in

locations that restrict access to any of the car parking spaces provided onsite.

40. Waste and Recycling Collection

All waste generated on the site must be removed at regular intervals. The collection of

waste and recycling must not cause nuisance or interfere with the amenity of the

surrounding area. Garbage and recycling must not be placed on public property for

collection without the previous written approval of Council. Waste collection vehicles

servicing the development are not permitted to reverse in or out of the site.

41. Noise Management Controls

The following noise management controls shall be followed:

The contact phone number for the clinic shall be made available to neighbours.

Doors and windows of the dog kennel room shall remain closed.

Dogs shall be mainly kept indoors. There shall be no exercising of dogs on the property.

The dog kennel shall be well ventilated.

42. Lighting

Any lighting on the site shall be designed so as not to cause a nuisance to other

residences in the area or to motorists on nearby roads and to ensure no adverse impact

on the amenity of the surrounding area by light overspill. All lighting shall comply with

the Australian Standard AS 4282:1997 Control of Obtrusive Effects of Outdoor Lighting.

ATTACHMENTS

1. Locality Plan

2. Aerial Photograph

3. Site Plan

4. Elevations

5. Floor Layout Plan – Ground Floor

6. Floor Layout Plan – Upper Floor

7. Landscape Plan


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ATTACHMENT 1 – LOCALITY PLAN


PAGE 27

ATTACHMENT 2 – AERIAL PHOTOGRAPH


PAGE 28

ATTACHMENT 3 – SITE PLAN


PAGE 29

ATTACHMENT 4 – ELEVATIONS


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ATTACHMENT 4 –ELEVATIONS


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ATTACHMENT 5 –FLOOR LAYOUT PLAN – GROUND FLOOR


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ATTACHMENT 6 –FLOOR LAYOUT PLAN – UPPER FLOOR


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ATTACHMENT 7 –LANDSCAPE PLAN

Documents

Development Assessment Unit - The Hills Shire · ORIGINAL REFERENCED PLANS AND DOCUMENTS – 1278/2012/JP DRAWING NO. DESCRIPTION DATE DA00 Issue J Drawing List, Context and Summary