Unknown
Good morning, ladies and gentlemen. Welcome to the meeting of the Hawkesbury Local Planning Panel. My name is David Ryan. I'm chairing today's meeting. I'll ask my fellow panellists to introduce themselves. John. My name is John Brunton.
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Meeting contents
Agenda item chapter 1
CP - DA0304/18 - Lot 3 in a Crown Subdivision of Lot 7007 DP 1032928,
Unknown
My name is Jane Fielding. Yes,
Graham Edds
And I'm Graham Eds.
Unknown
I'd like to begin by acknowledging the traditional custodians of the land, the Darug people, their elders past and present. Just some housekeeping issues before we commence. Members of the public attending the meeting are advised that in the event of an emergency, you will be asked to proceed in an orderly manner to the nearest exit following the guidance of our warden. I'd like to advise members of the public that Hawkesbury Local Planning Panel meetings are recorded. In the terms of the Privacy and Personal Information Protection Act, this may involve the recording of personal information provided at the meeting. The recordings are made to assist staff in compiling the minutes of the meeting.
The provision of any information that is recorded is voluntary. If any person does not wish to be recorded, they should not address or request to address the meeting. The recordings may be made available to other persons where such access is in accordance with the relevant legislation, regulation. The recordings are stored on Council's record management system. In addressing the meeting, it's expected that you refrain from making any insults, allegations or personal reflections on any person present or not at this meeting. The request relates to both your address at the meeting and any answers given in response to questions from the panel. Finally, it's requested that everyone turn their phones to silent or off.
We have today one item. It relates to, it's DA 304/18, Lot 3 in a Crown subdivision of Lot 7007, DP 1032928, Freeman's Reach Reserve, 361 Kerman Road, Freeman's Reach. Before we commence, we have all panelists have filled out a declaration of interest form. I'll just ask the panelists to confirm that there are no declarations of interest.
Unknown
I have no conflict of interest.
Unknown
I have no conflict of interest.
Unknown
Nor
Unknown
Do I. And nor do I. We have five speakers. We have two speakers against the recommendation and three speakers in favour of the recommendation. The procedure is I'll invite those against the recommendation to speak first. You'll be given five minutes to make your representation to the panel, after which the applicant will be invited to, or sorry, those speaking for the recommendation will be invited to speak. The applicant may have a little bit longer time to speak so that they can properly address any of the matters raised by those speaking against the recommendation. Those I have who have been advised have registered to speak against the recommendation: Robin Woods and Peter Mobbs. Ms Woods, would you like to come over to the lectern over there?
Unknown
And if you could just provide your name and address for the meeting.
Unknown
Thank you. My name is Robin Woods. Hi.
Unknown
Thank you, Chair and panel. I've never come before one of these planning panels before, so thanks for permitting me to speak on the matter of the fireshed placement overlooking the old shale quarry. Briefly, my relevance in this matter: I'm a retired science teacher and also taught conservation and land management at TAFE after completing the four-year course taught by my colleague Peter Mobbs, who is here today. My final science teaching years were at Hawkesbury High from 1994 to 2002, so I got to know the area pretty well, as I also engaged students in bush care and farmers in land care. Then, as a result of curiosity about the silcrete rocks in the area, I met archaeologist Jim Cohen, and later was assisted in bringing together botanist and local Darug elder to understand the trading routes that were probably used right through to the stage when settlement began around Bushrangers Lagoon and the river in 1795.
In fact, the edible bulbs of terrestrial orchids were possibly traded for silcrete between Freeman's Reach and the Georges River. I was told. Cohen told me the tool making site would also have been linked with camps above the river, away from floods, but Bushes Lagoon would have been a prolific food source as well as for fibre. My work with landholders around Bushes Lagoon as part of the Green Army project from 2016 to 2018 has revealed many more stories about that contact period as farms took up the water access. The tribes were ultimately dispersed, but some of their people also worked on some of the lands. Peter Pintermoff has his own story in this situation. He and I were curious about plant diversity and uses and the local history, and did a check on the reserve, the larger reserve, where he identified the rare plant Pimelea spicata, spiked rice flower, back in 2015, and I lodged the record with the Atlas of Living Australia.
At that time, I also wrote to the Metropolitan Aboriginal Group asking about their reserve and got a very brief reply which told me nothing about any plans to maintain it. I've since discussed the situation with Gary Adams because I was very curious about this shell quarry. I'd passed it. Many people who I've taught asked what this area was because it was such a mess. And so when I spoke to Gary, I explained some of the background that I have, including that I've got no particular objection to the placement of the fire shed. So in a way, I'm in both camps. I understand the need for the fire shed, as I discussed that with Gary and realised just how restrictive the existing one is. However, I do.
I do concern that the impacts on the reserve below could really damage any possibility of preservation of the endangered species. But also, I don't see that it needs to have an impact below if it's managed properly in both the preparing of the ground above that reserve, in establishing the fire shed and in maintaining the fire shed afterwards. Drainage is possibly an issue, which I think somebody else had put in in their objection. I am a bit concerned about the possibility of doing the 10.50 burn below the shed to preserve it, because it is a steep area below where the shed will go. I know that the removal of the 51 ironbarks is going to be quite a big change, but they're struggling as it is, and there are ironbarks further down in the shale area.
So my concern is that the impacts are minimised so as to maintain a recovering bushland on the quarry, and that the cultural and historical aspects are respected, shared appropriately through the relevant council committees, including the Cultural Heritage Committee , and that sustainable land management of the reserve is undertaken by council. It's obviously not being undertaken by the Metropolitan Land Council or the Dharawal people. The people that I've negotiated with are Dharug people, and I really feel that there's a need to institute some sort of requirement for their information to be much more widely dispersed amongst the planners in council.
Unknown
The story of the Shell quarry itself needs to be a part of the whole situation. The fact that I could find out absolutely nothing about that Shell quarry, and Gary gave me a really good history of it, was important for me. So that's the end of my submission.
Unknown
Thank you. Thank you very much. Are there any questions?
Graham Edds
Yes, I've got one. Robin, the endangered species that you talk of, the Panilius pinkarda, I think, is that within the site area?
Unknown
No. I believe the flora and fauna study established that it wasn't there. It's below.
Graham Edds
Okay. Okay, thank you. And the next question is, in maintaining the activity of the RFS around there, what do you perceive as being any sort of issue or concern that you might have on that reserve? I
Unknown
Think there may have been some mention in the paper itself, the whole report, about the need to protect the fireshed from fire. So if any burn-off is done, it will be done below the fireshed. And, of course, the fact that fire rises quickly uphill is important to understand. I should mention that I was a bit sort of peeved about the tone of Gary's submission, and that's why I rang him. I'd actually trained in a fire brigade myself up at Bowen Mountain, because where I live, we're in enormous danger if we do have fire. So I do understand the threats of fire in the area generally and what needs to be done to protect assets. Okay
Unknown
Thank you very much. Right,
Unknown
Thank you.
Unknown
Peter Mobbs,
Unknown
If you could just state your name.
Unknown
My name is Peter Mobbs, and a bit of a brief history. I'm a land management teacher and have been for 30 years. I'm also currently a nature conservation fire management rep in New South Wales.
Unknown
Sorry, fire management rep in New South Wales. Is that better?
Unknown
Sorry about that. So I have some experience. I've also been in the fire brigade, but I am an ecologist. And I'm not necessarily, as Robin has said already, I'm not necessarily against any construction, but I do want to see a better outcome than, you know, is the norm within most of Western Sydney. My concerns would be basically that because it's on a steep hill, you've got a slope where the fire can run up, and that requires that you play around with the 10-50 rules and regulations. And my concerns for that is that there will be too much vegetation removed. My experience in fire management, and especially in fire ecology, would indicate to me that a fire regime that was reduced below, or not below, but down to a sort of four- to six-, seven-year cycle could probably keep the fuel level, would keep the fuel level down to a reasonable level that wouldn't impact on the shed.
So we've got a threatened species on the site, of which I have identified with Robin Woods some years ago. I think there was about 20 individual specimens. The species itself is— Easily managed by fire. It's not impacted in a negative, too much of a negative way. It has a ground root system that allows it to reshoot post-fire. So some sort of reduced fire regime to be operated on that site could be very useful at minimising the need to reduce the overall vegetation of that site. The other aspect would be the runoff, urban runoff from the building, et cetera. And I would think that, as council goes into this, that there should be a— it should be looked at that a plan is suitable and approved to actually deal with the runoff.
And because the runoff is going to be a major impact on the plant species down below. So the concerns are around those two aspects. And I feel sure that this fire station could be built, as long as there's some very careful and considerate reasons given or sort of comments made or outcomes that are produced that show that the Hawkesbury Council and the Rural Fire Service and the ecology and environment of the area are maintained. I think that these things can be achieved. And I certainly would, as with Robin, would put my hand up to work closely with both Council and the Rural Fire Service to bring about a positive outcome, because these things can happen. They just need a lot more work and energy put into them.
That's it. Any questions?
Unknown
Any questions? Thanks, Peter. I was going to ask you, speak, excuse me, specifically in regard to the urban runoff, because that's obviously a concern of yours. When we're dealing
Unknown
With fire sheds
Graham Edds
And from
Unknown
My experience there is a fair bit of water in training being sprayed around the fringes
Graham Edds
Of a building, is it that sort of runoff that you're worried about, or is it other things? Well
Unknown
It would be that runoff, as well as the runoff from the construction itself, because being that it's coming off the roof, unless it's trapped, et cetera, et cetera, then it could have an impact and will have an impact. There's no question that if the water is excessive, it will be an impact. So I think that one of the things I would allude to is that there's an opportunity here for the Council, Rural Fire Service and the environment to work together, again, I say that, to achieve an outcome. They're very fortunate to have this species on their property, or on this property. It is listed under both federal and state governments as an endangered species, and there is a full recovery plan available for everyone to look at in terms of how to manage the site better, which includes fire as well. I
Graham Edds
Have one further question. The endangered species that you're talking of, I think from the previous speaker, Robin indicated it wasn't actually on the site of where the fire shed is going
Unknown
No, no, it's not where the actual fire shed is. It's down slope of where the fire shed is. So the impacts are on that plus the actual 1050 regulations, which allows you to clear vegetation, you know, obviously to protect the building. They're the concerns, that it's going to not be the building itself, but the impact the building will have on the location. Okay
Unknown
Thank you.
Unknown
Thank you. Sorry, Mr— can
Unknown
I just ask one question? Sorry. The business paper for us has a series of recommendations that go to flora and fauna, tree removal, bushfire requirements and drainage and the like. Have you had an opportunity to have a look at those conditions? I
Unknown
Have had a look at the conditions, yes.
Unknown
And are there any concerns? So I think your contention is that it's not a fundamental issue, it's a management, ongoing management issue. Do you have any view as to whether the conditions before the panel, recommended conditions, address adequately the concerns you're raising now?
Unknown
Yeah, I think on a general level they are, but my concerns, as I say, is that it's about the specifics and it's about the interpretation that one places on that. I mean, if we were to go to the location and clearly look at those issues, then I'm sure that we could work through what the impact would be so it's clearer to the panel. Okay . Thank you very much
Unknown
Having heard from those against, those submitters, I have three speakers registered speaking for the recommendation: Gary Adams, Naomi Daly and Greg Tesoriero. Is there any particular order that those speakers wish to speak in?
Unknown
All right. I'll invite Gary Adams. Could
Unknown
You state your name?
Unknown
My name is Gary Adams. I've been involved with the Rural Fire Service for 40-plus years, and went to the first fire when I was 12 years old. My father and— okay , my father and other members here were actually the founding members of the brigade. And back in those days, it was an old Fordson tractor with a spray cart on behind, and that's how we went off to do battle. But over the years it progressed, and unfortunately our current fire shed no longer suits the needs. Okay, it's situated in a dangerous location. We are 50 metres from a blind corner in an 80-kilometre zone, and any movement of the truck requires firefighters to get out and stand on the road and try and flag down the speeding cars as the truck backs into the shed.
The shed itself is about the size of a bit bigger than a double garage. So once the trucks are inside, there is no room to move about. You've got a space of so big , no room for maintenance. All maintenance has got to be done outside regardless of weather. And it's really difficult to, when you have such a confined space and such a small area with no parking available, park across the road, walk across the road to get to the shed. It's really difficult to hold members. And, you know, we've got a core group in the brigade that have been there all the time. We have others that come and go, and this is mainly because of the lack of space and lack of amenities. They come to be firefighters, but they don't come to work in a double garage.
Okay. The site that is under contention, well, I used to walk to school. I lived in the area for most of all my life. Used to walk to school, and in those days there was a shale pit there, and this is going back 50, 60 years, and the shale pit had probably been there, you know, maybe five or six years before I started school. It was simply a lunar landscape. Where you see the trees now, there was nothing. Where you see the grass now, there was nothing. It was just a great crater, and they continually took shale out of there for many years after I left the school. And it was simply, they'd set their charges, blow shale all across the road, scrape it up and back again. There were no trees there.
There were no trees up where the fire shed is now. There might have been one or two, or where the fire shed is proposed to go, there might have been one or two. So any vegetation that's there is what you consider new growth. You know, it's in the last 40-plus years . As the site sits now, it is a massive fire danger, not only to the buildings across the road. It's been, despite requests to have it burnt off, we've been unable to get that done. It's always been refused because of the , what would you say, the area of the land. And it's on an upslope, on a hot, windy day, you get someone throw a cigarette out of the car, you would have burning embers travelling, you know, four or 500 metres into opposing bushland.
So it does need to be managed. It does need to be cleared off by burning, by proper controlled burns.
Unknown
And
Unknown
When you go and look at the site, I don't know if anyone's been there and looked at the actual site. It looks terrible that, say, you know, 51 trees to be knocked over. But there are a number of trees in there that are dead. Okay, so they've already been numbered, but they're scraggy little black wattles that only have a limited lifespan before they fall over. And some of these trees, you know, maybe half a dozen or so, have been tagged as being removed. But they're already dead, so rather pointless exercise marking them and numbering them in that situation.
Unknown
And that's about it. Good site for the brigade. It's central, and it puts us closer to the more built-up area of the Freemans Reach, and gives a quicker reaction time.
Unknown
Thank you, Mr. Woods. Any questions, Mr.
Unknown
Woods? I've got a couple of operational questions for you. Yep .
Unknown
The plans show that there's going to be three car parking spaces plus one disabled space.
Unknown
Yes.
Unknown
When you have a big incident, how many cars do you reckon you're going to, or spaces you're going to need?
Unknown
Normally for a turnout, you know, for any brigade activity, because we're only a small brigade but do a lot of work, you'd only have maybe five or so turn up to go out. And then later on, if it's an extended campaign period, you know, you might have another five or so turn up for the next shift. But they make do. There's plenty of areas around that, not specific car parking spaces that are needed. There are other places along the side of the tennis courts or at Carss Family Park if needed. You know, parking's no problem, but in the other place it is a problem.
Unknown
Sorry, could I just clarify, Mr Wood? You're speaking in support of the application not as the applicant? No, no, speaking
Unknown
In support, yeah.
Unknown
Thank you
Unknown
Mr Wood
Unknown
Naomi Daly.
Unknown
I don't know if the panel will allow—we thought we might come together just on behalf of the applicant. So Naomi Daly from Urbis Planning, and
Unknown
Greg Tessarolo, Creative Planning Solutions, the arborist.
Unknown
So largely, I presume your issues will probably be directed at both of us, so I thought it might be for efficiency just address you together if we could. I guess firstly to, I guess, you know, we're available for any questions you may have to respond to some comments by Robin and Peter. I guess there was a lot of these same issues were raised early on in the DA assessment, and the applicant responded by undertaking an independent peer review, particularly on flora and fauna matters. I know that that wasn't until recent times potentially even on the council's website, so I'm not sure if Robin and Peter had actually seen that independent review by Ecological, so they may not have all the information before you, so I just did want to just acknowledge that.
Also on their matters that Robin and Peter raised, I guess a lot of them are related to the Crown, the reserve lot. As you're aware, this is proposed lot number three, and a lot of these issues are—whilst there is a flow-on effect to some degree, we are looking at a development site within a whole broader Crown land reserve. So we've purposely tried to move the building as far as we can away from, you know, flora and fauna and the like. The other, I guess, issue in terms of stormwater, I did see in the consent conditions that the engineer within council had reviewed the details within that submission of the flow-off, and there's, you know, we've got on-site detention and also delaying the runoff on site, which would feed into this crown reserve.
So, I mean, largely, you know, as I said, we're here for any condition questions you might have, but on balance, I think we need to review that, yes, there is a lot of trees removed as part of this. The ecological report said that it was unlikely to result in any impact on the flora and fauna community and any, you know, indigenous species. And on balance, it's really, you know, we're providing a broader community benefit and purpose here, and I think we need to sort of, you know, go back to the first principles of why we're seeking to undertake these works, and it's to safeguard the community against bushfire protection and threat. So, yeah, so I guess, Greg, unless you've got anything to add in terms of submission, but, yeah, any questions open to the floor?
Unknown
Any questions for the
Graham Edds
Applicants' representative
Graham Edds
Yes, Naomi. Some of the other speakers that were not necessarily against the proposal but had some concerns were mainly to do with maintenance and runoff. How would you propose the development of this particular RFS shed be managed then to fulfil the sorts of things that should be done ecologically
Unknown
Yeah, unfortunately I can't, you know, on stormwater, I'm a planner. Unfortunately, it's not my area of expertise to understand how you could better manage it, bar looking at, you know, for me the conditions of consent look reasonable. Yeah
Graham Edds
Thank you.
Unknown
I've got my operational questions. The plans don't clearly show truck manoeuvring. The— well, yeah, it shows the vehicles actually reversing in— sorry, driving forwards into the fire shed and then reversing out. I don't know of any fire units that would do that. So it raises a particular issue about the layout of the area in front of the fire shed and how that's supposed to operate, and how the trucks are supposed to get in and out efficiently , with the consequent implications for where the car parking spaces are. That then has a flow-on effect in the use of the area for— Post-fire event activities where clean-up's happening, how's that going to happen, where's it going to happen?
Unknown
One of the difficulties is that the block of land next door, which has got an informal car parking area on it, is not easily accessible because of the change in level, because this site's being excavated. So you've got a drop in level of about 1.2 metres between the two areas. It just seems to me that there's some operational issues that I'm not quite sure have been adequately resolved. I'm not sure whether you're able to actually answer
Unknown
Any of those questions. Potentially I'm not. I mean, bar that I know that, you know, Barbara, bar doing swept paths and the like to ensure that manoeuvrability was appropriate on the site , and as you obviously had, I don't know, RFS here, if that's available to them to understand the operational aspects of that, how they operate, if that would be an issue, refer it to them.
Unknown
Yeah
Unknown
And then I guess that's on the drawings showing the swept paths. So is your issue that you'll be— I'm just trying to get to the crux of your concern. So in a fire event, it's—
Unknown
In a fire event, they come straight out of the shed and hit the road. Yeah. Well, it's the way the apron is designed. I don't know that it's actually designed for the trucks to get in and out , and to undertake all the other activities that need to be undertaken. I assume that underlying this is a belief that the adjoining area is going to be used conjointly at times when it needs to be, but— There's a difference in level of a metre to a metre and a half. I mean, it is— it's just operational issues that, to me, I'm not sure that they've properly been resolved. That's all
Unknown
Is a way of addressing this potentially putting, I guess, a condition of consent to show, I guess, satisfaction of these turning paths in a little bit more detail prior to, you know, issue of a CC or something like that, as a way of making you satisfied? I don't know. Excuse me,
Unknown
Sir. If you wish to
Unknown
Speak, you'll need to come to the lectern and introduce
Unknown
Yourself and your capacity in the application. Lachlan McClure, the building manager at Council
Unknown
Which we've been
Unknown
Working on this DA for the last 12 months to get through. We engaged Barbara to— Barbara Tadasky to do the plans, and we've been dealing with the RFS basically on a monthly basis to ensure the operational status of the site matches their needs. So we did actually do a turning circle study based on the newest trucks, the future newest trucks that the RFS will be using, and looked carefully at the operational needs. So the brigade have carefully looked at that a number of times, and we've redesigned the site I think three times based on those options, including— Discussions with our Parks people to ensure that we weren't using the park site, because there was a specific need for the park site not to be influenced by the RFS site, and vice versa.
Unknown
Did anyone have any questions for Mr. Lachlan?
Graham Edds
By the park site, do you mean the tennis court, or do you mean the —
Unknown
Yeah, the park site's where the tennis court and the existing toilet is. Originally we looked at combining the two sites, but the plan of management from Parks required that to be separate, and also the RFS had a particular requirement to try to keep those two separate as well because of security, etc. So the two sites basically will work separately. Yeah .
Graham Edds
I've got another question for, David. Lachlan, you said you'd actually redesigned or had this building redesigned a few times. Yeah . Have you actually looked at turning the building at 90 degrees, for instance?
Unknown
We did. We
Graham Edds
Did. And what was the issues that you— Turning circles. Turning circles?
Unknown
Yeah, turning circles was a totally key ingredient for this site, because the turning circles were influencing the parking for the park as well. We didn't want to interfere with the 12 car spaces that are available for the park, and the turning circles also to get on and off the road with that large pole that's on the road there. There's a big County Council electricity pole, which was an issue as well. So we had to make sure that getting a truck in and getting a truck out— Because coming in has a turning circle as well as coming out. And then there's the backing in, the backing into the two garages, not just one. So, oh, it's three bay, three bay. So there was, it was quite an intricate mapping of that turning circle.
And the original design, we had the issues where parks were getting interfered with the turning circles and their car spaces, and also the fact that the trucks were having to back two times. So we made sure that there was just one backing in of the truck rather than a three-point turn, if you like. Yeah. So that was a very important and crucial ingredient of placing the building in its current location, which was right at the back of the site, to give us the biggest apron we could achieve. Because that site was limited to the 30 by 40. That was the only available land we could use based on the Aboriginal land right issue.
Graham Edds
I've just got one other question in regard to that, the actual size of the allotment. Was there any room to move the boundary, for instance, towards Gorex Lane a little?
Unknown
Crown lands gave us, I think, a couple of metres. So we got as much as we could from Crown lands based on the Aboriginal land claim . Okay, thank you. Yeah, we did actually go back to Crown land to get the best margin we could, but we were not doing any work on the allotments other than the allotment we're working, the one allotment allocated for the fire station. Just save another DA, of course.
Unknown
Can I ask another related question? Yep. Projecting the kitchenette area out over the gully and having to support that structure becomes an expensive exercise in building the building. Yeah. Absolutely. And when I also look at it, in some places the local brigade likes to have their office a little bit further forward so that they can actually see what's going on around it.
Unknown
Yeah, I think the office is right at the apron at
Unknown
The front. Yeah, it's at the front
Unknown
Yeah.
Unknown
But it just tweaked in my mind, was there an advantage of pulling that section forward a couple of metres? So partly to save cost at the rear, partly to improve observation at the front. In your examination, did you actually look at something like that?
Unknown
We used a plan that was put together by the RFS. That plan is an approved plan that the RFS are fairly strict on as far... We did move things around to try to get the best option, and we've gone through that with the RFS quite a number of times to make sure that they were happy with that operational need. But we didn't actually change... We actually, we did have a plan, come to think of it, that did split it and push it forward. But the cost of excavation is fairly minimal if we use the piers, and we were trying to minimise any ... Excavations or any importing and exporting of materials on the site. So we basically, once we went to the peer process, we then went back to the original layout to try to keep to their standard requirements, because they use that everywhere.
Yeah, we built one at Tennison the same. Yeah, but totally anywhere we can save, we had looked at the cost plans carefully, and we actually got special work done by the surveyor to make sure we were careful in the way we designed our footings to make them the most economical, together with Accent, the structural engineers. We brought them in early to look at just that item. Yep.
Unknown
I have a question which might have kind of touched on and might go to you and to the RFS as well. The fire service have used, at least in the past, you know, the foam, which has been a bit problematic environmentally. It's probably since improved and maybe it's not so much of an issue these days. I know that the facility will be used for some training-type purposes. Will there be any use of that kind of substance on site, and will that be just within the building, confines of the building, and go to sewer, or will any of that be outside of the building in areas that will go to stormwater?
Unknown
Must have timed out. Sorry, can I ask the RFS to answer that? Because PFAS is, I've been told, I'm under the impression that they don't use it, but they're probably best to say whether they do or not. Can I ask the RFS to come up?
Unknown
If you could just introduce yourself, please.
Unknown
So I'm Bruce Lille, I'm the captain of the Thurimburch Brigade. So we don't train with those foams on site. We basically don't train. Yeah, we might go into paddocks, but we don't use foam in any extent at all. So specifically on site, no, there would be no foam on site at all. So, and in fact, we do very little training on site. So as far as water, gas, runoff, there'd be very, very little from our actual activity.
Unknown
Thank you. Thanks.
Unknown
Any other questions?
Unknown
Thank you very much.
Unknown
Thanks very much for the opportunity to say something.
Unknown
Okay Well, we're still in open session. Is there any questions of the council staff? Okay
Unknown
All right. That closes the public submissions part of the meeting. I will now adjourn the meeting so that we will carry out deliberations on the report and consideration of the submissions made. Thank you for making those submissions. We will, after our deliberations, so the procedure is we will stay in this room and I'll invite you to leave the room while those deliberations take place. We will then open the meeting again to the public where we will make our decisions on the items. You're welcome to stay around. I can't guarantee how long that will be, hopefully not too long. Otherwise, the minutes of the meeting will be available . Tomorrow. So you will be able to find out the decision at that point. So thank you very much. So if you could vacate the room.
Unknown
Thank you
Unknown
Ladies and gentlemen. I'll reopen the meeting, and thank you for your patience. It took a little bit longer than we thought. We've got there. I will put a motion to the panel, which will be voted upon. The motion is that development consent be granted, subject to conditions contained in Council's assessment report, subject to the following amendments.
Unknown
Condition 19G be added: the method of disposal of stormwater drainage
Unknown
Shall minimise the impacts on the adjoining bushland. New condition 22A, amendment to landscape after the amendment to landscape plan: the external materials of the building, including the exposed concrete walls, shall be finished so as to minimise the visual impact of the building as viewed from Gorick's Lane. New condition 28A, operational management plan: preparation and submission of an operational plan for approval by Council, which: one, addresses the means of implementing all relevant conditions of this consent relating to environmental, drainage and other operational management issues; two, provides for arrangements to utilise the adjoining car park area associated with the tennis courts for any events for which additional car parking is required.
And three provides for measures to avoid impacts associated with the use of any hazardous materials on adjoining bushland and endangered species. And new condition 62, operational management plan, ongoing implementation of the approved operational management plan. I'll put that motion to the panel. Those in favour? Those against? None. That becomes the resolution adopted unanimously.
Unknown
The reasons
Unknown
For the panel's decision. I'll just wait till...
Unknown
The local planning panel considers the proposal is acceptable and the proposed development is approved for the following reasons. The proposal is acceptable having regard to the statutory requirements applying to the development. The proposal is in the public interest. The proposed development adequately satisfies the objectives and provisions of the Hawkesbury Local Environmental Plan 2012. The panel has included additional conditions to address issues raised by the public in relation to ongoing operational management of the site, particularly addressing protection of adjoining bushland. So with that, that's the end of the meeting. I hereby close the panel meeting. Thank you for your attendance. Thank you, staff, for your assistance.
Official meeting record
Council decision and source documents
Outcome: Carried
4 Resolution
The Panel unanimously resolved that:
1. DA0304/18, on proposed Lot 3 in a subdivision of Lot 7007, DP1032928 at 361 Kurmond Road, Freemans Reach, be approved subject to the following conditions below; and
2. Those persons whom made submission to this application be advised of the determination.
General Conditions
1. Approved Plans and Supporting Documentation
The development must be carried out generally in accordance with the approved plans and supporting documentation listed below which have been endorsed by Council's approved stamp, except where amended in red on the plans and/or amended by other conditions of consent:
- a) Plans Reference:
| Drawing Number/Name | Prepared by | Date and Revision |
|-------------------------------------|------------------------------|-----------------------------------------------------|
| 180122-01 Site and Landscaping Plan | Barbara Tarnawski Architects | 22 January 2018 - Revision B dated 13 November 2018 |
| 180122-02 Ground Floor Plan | Barbara Tarnawski Architects | 22 January 2018 - Revision B dated 13 November 2018 |
| 180122-03 Roof Plan | Barbara Tarnawski Architects | 22 January 2018 - Revision B dated 13 November 2018 |
| 180122-04 Elevations | Barbara Tarnawski Architects | 22 January 2018 - Revision B dated 13 November 2018 |
| 180122-05 Elevations and Sections | Barbara Tarnawski Architects | 22 January 2018 - Revision B dated 13 November 2018 |
| 180122-06 Sections | Barbara Tarnawski Architects | 22 January 2018 - Revision B dated 13 November 2018 |
b) Document Reference:
| Flora and Fauna Assessment | Fraser Ecological Consulting | 4 July 2018 |
|---------------------------------------------------|--------------------------------|------------------|
| Bushfire Hazard Assessment Report | Control Line Consulting | 23 October 2018 |
| Arboricultural Impact Assessment, Revision A DO64 | Creative Planning Solutions | 6 September 2018 |
No works other than those approved (including the raising or lowering of ground levels on the site or the construction of retaining walls on any property boundary) are permitted by this consent.
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Note: Details of the development shown in the approved plans and documents referenced are altered in the manner indicated by:
- (i) any amendments made by Council on the approved plans or documents;
- (ii) any notes, markings, or stamps on approved plans or documents; and
- (iii) any conditions contained in this consent.
2. Appointment of a Principal Certifying Authority
No work shall commence until:
- a) A Building Construction Certificate is issued by:
2. (i) Council; or
3. (ii) An Accredited Certifier;
- b) A Principal Certifying Authority is appointed for the building/engineering works and the following details relating to the carrying out of the works have been provided:
5. (i) name and licence number of the builder undertaking the construction works; or
6. (ii) name and permit number of the owner-builder (if relevant);
- c) The Principal Certifying Authority has:
8. (i) provided a copy of the notice of its determination to the consent authority, and to Council (within two days after the date of the determination);
9. (ii) notified the person having benefit of the consent of any critical stage inspections and other inspections that it requires to be carried out in relation to the approved work;
10. (iii) notified Council of its appointment (not less than two days before commencement of building work);
- d) The person having benefit of the consent (if not carrying out work as an ownerbuilder) has:
12. (i) appointed a principal contractor who must hold a 'contractor licence' if any residential building work is involved;
13. (ii) notified the Principal Certifying Authority of the appointment of the principal contractor;
14. (iii) notified the principal contractor of any critical stage inspections or any other inspections that are required to be carried out in relation to the approved work;
- e) At least two days' notice are to be provided to Council of the date on which it is proposed to commence work associated with this development consent.
3. Section 6.4 Certificates Required
The accredited certifier shall provide copies of all Section 6.4 Certificates issued under the Environmental Planning and Assessment Act 1979 relevant to this development to Council within seven days of issuing the certificate.
Note:
A registration fee applies.
4. Occupation Certificate Required Prior to the Use Of The Building
The building/structure shall not be occupied or used prior to the issuing of an Interim or Final Occupation Certificate by the Principal Certifying Authority.
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Where an Interim Occupation Certificate has been issued, only that part of the building to which the Certificate applies may be occupied or used.
A copy of the Occupation Certificate shall be submitted to Council within two days of its issue.
5. Sewer Authority - Hawkesbury City Council
This development falls within the Sewerage Scheme controlled by Council. Therefore Council is the approving authority for all sewer works.
6. Prescribed Conditions - Compliance with National Construction Code
All building works must be carried out in accordance with the requirements of the National Construction Code (Building Code of Australia).
7. Excavation - Archaeology
If any object having heritage significance is uncovered during the course of the work:
- a) all work must stop immediately in that area; and
- b) the NSW Office of Environment and Heritage and Council must be advised of the discovery.
Note: Depending on the significance of the object uncovered, an archaeological assessment and excavation permit under the Heritage Act 1997 may be required before further work can continue.
8. Excavation - Aboriginal Relics
If any Aboriginal object (including evidence of habitation or remains) is discovered during the course of the work:
- a) all excavation or disturbance of the area must stop immediately in that area; and
- b) the Office of Environment and Heritage and Council must be advised of the discovery.
All necessary approvals from the NSW Office of Environment and Heritage shall be obtained and a copy provided to Council prior to works recommencing.
Note: If an Aboriginal object is discovered, an Aboriginal heritage impact permit may be required under the National Parks and Wildlife Act 1974.
9. Flora and Fauna
All recommendations in Chapter 6 of the Fora and Fauna Assessment by Fraser Ecological Consulting shall be carried out during all phases of the development.
10. Tree Removal
This consent covers the removal of Tree No's 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 58, 59, 60 (51 trees) to facilitate the development.
All tree pruning and removal work is to be carried out by an experienced Arborist with minimum AQF Level 3 qualifications in accordance with AS4373:2007 'Pruning of
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Amenity Trees', Safe Work Australia Guide for Managing Risks of Tree Trimming and Removal Work (2016) and other applicable legislation.
11. Tree Retention Protection
Tree No's 7, 8, 51, 52, 53, 54, 55, 56, 57 (nine trees) are to be retained and protected in accordance with the Tree Location Plan & Tree Protection Specification detailed in Appendix 2 & 5 of the Arboricultural Impact Assessment, Revision A (Reference No. DO64) prepared by Creative Planning Solutions and dated 6 September 2018, as well as AS497:2009 'Protection of trees on development sites'.
12. Bush Fire Requirements
Bushfire protection measures, as outlined in the stamped Bushfire Hazard Assessment Report and Certification by Control Line Consulting dated 15 September 2018 ref no. 18.10.346 listed in Condition 1, shall be carried out prior to the issue of the Construction Certificate. The principal certifying authority shall be satisfied that the construction certificate is in accordance with the recommendations of the approved bushfire hazard assessment report.
The following recommendations within the Bushfire Hazard Assessment Report by Control Line Consulting dated 15 September 2018 ref no. 18.10.346 are as follows:
- i. That the entire site where not built upon shall have the vegetation reduced where or if necessary to satisfy the requirements of Planning for Bush Fire Protection 2006 and the NSW Rural Fire Service document 'Standards for Asset Protection Zones' for an inner protection area of an asset protection zone and this area shall be maintained at this vegetation level for the lifetime of the development.
- ii. That no future landscaping features, planting of shrubs, trees or other vegetation shall occur in such a manner as to compromise the integrity of the asset protection zone.
- iii. That the external elevations of the building shall be constructed using noncombustible materials and AS 3959- 2009 is not applicable.
- iv. That ember protection is provided for vents and weep in accordance with section 8.4.3 (AS 3959- 2009), screens for windows and doors in accordance with section 8.5.1A (AS 3959-2009) and vehicle access doors section 8.5.5 (AS 3959-2009).
- v. All guttering and roof valley areas shall be fitted with a material or device that will stop leaves collecting in roof valleys, gutters or down pipes and it shall have a flammability index of not greater than 5 when tested in accordance with AS 1530.2-1993 Methods for fire tests on building materials, components and structures. Part 2: Test for flammability of materials.
- vi. That the supply of electricity and telephone to the building shall be under ground where at all possible.
- vii. That if the supply of gas to the subject building shall be installed, it must be undertaken and maintained in accordance with AS 1596-2002 and requirements of relevant authorities.
- viii. Bushfire evacuation procedures for the proposed building should be included within any existing emergency management plan for the station or, if no such plan exists, a bushfire evacuation plan should be prepared in accordance with the NSW RFS Guide to Develop a: Bushfire Evacuation Plan.
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13. Civic Works Specification Compliance
All civic construction works requirement by this consent shall be undertaken in accordance with Hawkesbury Development Control Plan 2002 - Appendix E 'Civic Works Specification'. Inspections shall be carried out and compliance certificates issued by Council or an Accredited Certifier.
Prior to the Issue of Construction Certificate
14. Long Service Levy Payment
The payment of a long service levy as required under Part 5 of the Building and Construction Industry Long Service Payments Act 1986 is required. Evidence that the levy has been paid, is to be submitted to the Principal Certifying Authority prior to the issue of any Construction Certificate.
Note: All building works valued at $25,000 or above are subject to the payment of a Long Service Levy at the rate of 0.35%. Payments can be made at Long Service Payments Corporation offices or most councils.
15. Car Parking and Allocation of Spaces
Car parking shall be provided in accordance with the approved plans and Hawkesbury DCP 2002 and National Construction Code (Building Code of Australia) AS2890.6 'Parking facilities: Off-street parking for people with disabilities'. The minimum number of spaces provided shall be as follows:
- 3 Staff/Visitor Spaces
- 1 Accessible
All car parking spaces are to be identified by line-marking and appropriate signposting.
Details demonstrating compliance with the above requirements must be submitted to the Certifying Authority prior to issue of the Construction Certificate.
16. Driveway Construction - Commercial in Council Road Reserve
An 'Agreement Form for Driveways' must be submitted to Council prior to the issue of a Construction Certificate. Evidence of lodgement and payment for this application shall be provided to the Certifying Authority.
The vehicular crossing must:
- a) Have a minimum width of six metres within the road reserve;
- b) Not interfere with existing public infrastructure;
- c) Have a sealed finish;
- d) Be constructed in accordance with Hawkesbury Council's Driveway Specification' and Hawkesbury DCP 2002 - Appendix E - Civil Works Specification, and
- e) Reconstruct the road shoulder to an acceptable cross fall in the vicinity of the new driveway.
Note: The Agreement Form for Driveways and the Driveway Specification are available from Council's Website.
17. Erosion and Sediment Control Plan
Prior to the issue of the Construction Certificate, the applicant must submit to and obtain the Certifying Authority approval of an Erosion and Sediment Control Plan (ESCP). The ESCP must show the location of site boundaries , adjoining roads, approximate grades,
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vegetation, site access, impervious areas, existing and proposed site drainage and a north point.
The ESCP must take into account the requirements of Landcom's publication 'Managing Urban Stormwater - soils and Construction' (2004). The plan should show the following:
- a) Timing of works
- b) Nature and extent of earthworks, including the amount of any cut and fill;
- c) Where applicable, the diversion of runoff from upslope lands around the disturbed areas;
- d) Location of all soil and other material stockpiles including topsoil storage;
- e) Location and type of proposed erosion and sediment control measures;
- f) Site rehabilitation proposals, and
- g) Frequency and nature of maintenance program.
18. Discharge Location of Stormwater
Drainage is to be discharged to either a level spreader or infiltration trench which runs parallel to the site contours and is a minimum 5 metres from the lower property boundary. The design ensures water from the development is not concentrated and is lawfully discharged. Details to the above affect must be incorporated on to stormwater plans and approved by the Certifying Authority prior to the release of the Construction Certificate
19. Detailed Drainage Design
A detailed drainage design of the site must be submitted to and approved by the Certifying Authority prior to the release of the Construction Certificate. The detailed plan must:
- a) drain to a infiltration trench or level spreader;
- b) indicate the method of disposal of all stormwater and must include existing ground levels, finished surface levels on all paved areas, estimated flow rates, invert levels and sizes of all pipelines;
- c) be to the satisfaction of the Certifying Authority;
- d) be designed to cater for a 1 in 5 year Average Recurrence Interval storm event;
- e) show details of any overflow drainage paths and that they be designed to cater for 1 in 100 year Average Recurrence Interval storm event; and
- f) comply with Council's Hawkesbury Development Control Plan 2002 - Appendix E and Australian Standard AS 3500 - 'Plumbing and Drainage' unless a variation is specifically noted and approved by the Development Application concept drainage plan.
- g) The method of disposal of stormwater drainage shall minimise impacts on the adjoining bushland.
20. Overland Flow
The development shall not create adverse impacts to neighbouring properties in relation to overland flow and must meet the following requirements:
- a) water flowing from the property must not be redirected or concentrated to adjoining properties;
- b) water flowing into the property from adjoining lots shall not be impeded or diverted; and
- c) water flow shall follow the natural flow directions without increasing velocity.
Details demonstrating compliance with the above shall be provided to the Certifying Authority prior to the issue of a Construction Certificate.
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21. Stormwater On-Site Detention
On-Site Detention (OSD) for stormwater is required to be provided for this development. Details including calculations are to be included on plans submitted for the Construction Certificate to the satisfaction of the Certifying Authority. OSD must comply with the following:
- a) OSD shall be provided to maintain all stormwater discharges for storms up to the 1 in 100 Average Recurrence Interval storm event at pre-development levels; and
- b) the OSD system is to be designed in accordance with the Hawkesbury Development Control Plan - Appendix E, Civil Works Specification (Part 1 - Design Specifications and Part 2 - Construction Specifications).
22. Amendment to Landscape Plan
The Landscape Plan shall be amended to provide a 1.5m wide landscape strip and new fencing along the common boundary with the church as to improve the relationship of the new Rural Fire Service facility with the adjoining potential heritage item. The type of fencing shall be approved by Council's Heritage Advisor prior to the release of the Construction Certificate'.
22A. Amendment to Architectural Plans
The external materials of the building including the exposed concrete walls shall be finished so as to minimize the visual impact on the building as viewed from Gorricks Lane.
23. Access for Persons with a Disability
Details demonstrating compliance with Australian Standard AS 1428.1 - 'Design for Access and Mobility and Disability (Access to Premises - Buildings) Standards 2010' in relation to the development are to be submitted to the Certifying Authority prior to issue of a Construction Certificate.
24. Structural Engineer's Design - Concrete and Structural Steel
A qualified Structural Engineer's design for all reinforced concrete and structural steel shall be provided to the Certifying Authority prior to issue of Construction Certificate.
25. Structural Engineer's Design - Retaining Walls
Any retaining walls having a height exceeding 600mm proposed in conjunction with the development are required to be designed by a practicing structural engineer.
Details demonstrating compliance with this requirement must be submitted to the Certifying Authority prior to issue of the Construction Certificate.
26. Requirements of Sewer Management Authority
A Sewer Management Facility System application shall be submitted to Hawkesbury City Council. The treatment system and disposal method is to comply with Australian/New Zealand Standard 1547:2012 'On-site domestic wastewater management'. Evidence of the approval of the application must be submitted to the Principle Certifying Authority prior to the issue of a construction certificate.
27. Council Sewer Authority - Inspection Fees
Council is the sewer authority for this development. As this development involves connection to the existing sewer system or works in connection to an on-site waste
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management facility, payment of the prescribed inspection fee is required to be made prior to the issue of a construction certificate. Evidence of this payment must be provided to the Certifying Authority prior to the issue of the Construction Certificate.
28. On-site Sewage Management - Approval Required
Prior to the issue of the Construction Certificate, approval shall be obtained for the installation of an on-site sewage management system. The application shall be submitted to Council together with the design details, site assessment report and payment of the prescribed fee.
Following installation and prior to use of the approved on-site sewage management system an Application to Operate the system shall be submitted to and approved by Council.
28A Operational Management Plan
Preparation and submission of an operational plan for approval by council which:
1. Addresses the means of implementing all relevant conditions of this consent relating to environmental, drainage and other operational management issues,
2. Provides for arrangements to utlise the adjoining car park area associated with the tennis courts for any events for which additional car parking is required , and
3. Provides for measures to avoid impacts associated with the use of any hazardous materials on adjoining bushland and endangered species.
Prior to Any Works Commencing on Site
29. Notice of Commencement
No work shall commence until a notice of commencement has been provided to Council. This notice is to be provided not less than two days from the date on which it is proposed to commence work associated with this Development Consent. The notice must also contain:
- a) Details of the appointment of a Principal Certifying Authority (PCA) providing name, address and telephone number; and
- b) Details of the name, address and licence details of the Builder.
30. Principal Certifying Authority - Details
The applicant shall advise Council of the name, address and contact number of the Principal certifier, in accordance with Section 6.6(2) of the Environmental Planning and Assessment Act 1979.
31. Road Opening Permit Required
A separate Road Opening Permit under Section 138 of the Roads Act 1993 must be obtained from Council, in the case of local or regional roads, or from Roads and Maritime Services, in the case of State Roads, prior to the commencement of any:
- a) Excavation or disturbance of a road reserve (including footpath), nature strip or road pavement) to access services including sewer, stormwater drains, water mains, gas mains, telecommunications or for any other purpose; or
- b) Erection of a structure or carry out a work in, on or over a public road; or
- c) Removal of interference with any structure, work or tree on a public road; or
- d) Pumping of water into a public road from any land adjoining the rod, or
- e) Connection of a rod (whether public or private) to a public road.
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Any public place affected by works must be kept lit between sunset and sunrise if it is likely to be hazardous.
All precautions must be taken to protect the public while work is in progress. Traffic control shall be undertaken in accordance with Australian Standard AS1742 'Manual Uniform Traffic Control Services - Parts 1, 2 and 3'.
Upon completion of the work, the road reserve shall be restored to its original state and ensure that there are no hazards that may impact on the public.
32. Toilet Facilities
Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons employed at the site.
Each toilet must:
- a) be a standard flushing toilet connected to a public sewer;
- b) be attached to an approved on-site effluent disposal system;
- c) be a temporary chemical closet that is regularly maintained; and
- d) appropriate facilities for the disposal of sanitary items are to be provided within the toilet.
33. Notice of Commencement
No work shall commence until a notice of commencement has been provided to Council. This notice is to be provided not less than two days from the date on which it is proposed to commence work associated with this Development Consent. The notice must also contain:
- a) details of the appointment of a Principal Certifying Authority (PCA) providing name, address and telephone number; and
- b) details of the name, address and licence details of the Builder.
34. Prescribed Conditions - Shoring and Adequacy of Adjoining Property
Development that involves an excavation that extends below the level of the base of the footings of a building, structure or work (including any structure or work within a road or rail corridor) on adjoining land, the person having the benefit of the development consent must, at the person's own expense:
- a) protect and support the building, structure or work from possible damage from the excavation; and
- b) where necessary, underpin the building, structure or work to prevent any such damage.
This condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.
35. Principal Certifying Authority (PCA) Site Sign
A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:
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- a) showing the name, address and telephone number of the Principal Certifying Authority for the work;
- b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours; and
- c) stating that unauthorised entry to the work site is prohibited.
Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.
36. Safety Fencing
The site is to be secured by a fence, in accordance with NSW WorkCover requirements, to prevent unauthorised access during the period of all works.
37. Erosion and Sediment Control for Minor Development
Erosion and sediment control devices are to be installed and maintained until the site is fully stabilised in accordance with Landcom's publication 'Managing Urban Stormwater Soils and Construction (2004)'.
38. Sydney Water - Endorsement of Approved Plans
The approved plans must be submitted to and endorsed by Sydney Water via the 'Sydney Water Tap-in' website to determine whether the development will affect Sydney Water's water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped.
Please refer to Sydney Water's website.
Evidence of the building plan approval must be forwarded to the Principal Certifying Authority prior to the commencement of works.
During Construction
39. Construction Hours
Clearing of land, running of machinery, excavation, and/or earthworks, building works and the delivery of building materials shall be carried out between the following hours:
- a) between 7am and 6pm, Mondays to Fridays inclusive;
- b) between 8am and 4pm, Saturdays;
- c) no work on Sundays and public holidays; and
- d) works may be undertaken outside these hours where:
5. (i) the delivery of vehicles, plant or materials is required outside these hours by the Police or other authorities;
6. (ii) it is required in an emergency to avoid the loss of life, damage to property and/or to prevent environmental harm; and
7. (iii) a variation is approved in advance in writing by Council.
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40. Site Management During Construction
- a) All materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.
- b) Waste materials (including excavation, demolition and construction waste materials) must be managed on the site and then disposed of at a waste management facility.
- c) Copies of receipts stating the following must be given to the principal certifying authority:
5. (i) the place to which waste materials were transported;
6. (ii) the name of the contractor transporting the materials; and
7. (iii) the quantity of materials transported off-site and recycled or disposed of.
- d) Any run-off and erosion control measures required must be maintained within their operating capacity until the completion of the works to prevent debris escaping from the site into drainage systems, waterways, adjoining properties and roads.
- e) During construction:
10. (i) all vehicles entering or leaving the site must have their loads covered;
11. (ii) all vehicles, before leaving the site, must be cleaned of dirt, sand and other materials, to avoid tracking these materials onto public roads; and
12. (iii) any public place affected by works must be kept lit between sunset and sunrise if it is likely to be hazardous to the public.
- f) At the completion of the works, the work site must be left clear of waste and debris.
Note: In the event it is not possible to keep the footpath or road reserve clear during construction works written approval from Council shall be obtained prior to any closing of the road reserve or footpath area. The closure shall take place in accordance with Council's written approval. The area shall be signposted and such signposting be maintained in a way that ensures public safety at all times.
41. Loading and Unloading During Construction
The following requirements apply.
- (a) All loading and unloading associated with construction activity must be accommodated on site.
- (b) If, during excavation, it is not feasible for loading and unloading to take place on site, a Works Zone on the street may be considered by Council.
- (c) A Works Zone may be required if loading and unloading is not possible on site. If a Works Zone is warranted an application must be made to Council at least 8 weeks prior to commencement of work on the site. An approval for a Works Zone may be given for a specific period and certain hours of the days to meet the particular need for the site for such facilities at various stages of construction. The approval will be reviewed periodically for any adjustment necessitated by the progress of the construction activities.
- (d) Where hoisting activity over the public place is proposed to be undertaken including hoisting from a Works Zone, a separate approval must be obtained from Council.
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42. Critical Stage Inspections
Prior to the commencement of building work and at nominated stages during the construction of the building, a minimum of 48 hours' notice is required to be provided to allow the Principal Certifying Authority to ensure that the critical stage inspections are undertaken.
Note: Critical stage inspections are required to be carried out in accordance with Clause 162A of the Environmental Planning & Assessment Regulation 2000.
43. Inspection and Compliance certificates for Sewer Works
Inspection and Compliance Certificates for sewer works can only be conducted and issued by Council.
In the case of:
- a) internal and external (house service connection) drainage, the inspection must be conducted by Council's Development Services Branch, please phone (02) 4560 4444 to arrange inspections and payment of required fees;
- b) sewer work constructed under a Major/Minor Sewer Works application, the inspection must be conducted by Council's Waste Management Branch. A compliance certificate will not be issued under Works as Executed information has been received, assessed and approved by the Waste Management Branch, please phone (02) 4560 4444 to arrange inspections; and
- c) major sewer works where the contractor is allowed to use third party quality control, the third party must be approved by the branch manager of Council's Waste Management Branch.
In all cases inspections must be conducted on the exposed pipes prior to any backfilling including poured concrete or concrete encasement.
44. Management of Overland Flows
The works associated with the development shall ensure that:
- a) all natural water flow from adjoining properties is not impeded or diverted; and
- b) surface and subsurface water flows are not redirected or concentrated onto adjoining properties.
45. Earthworks - General Requirements
All earthworks on site must comply with the following:
- a) topsoil shall be stripped only from approved areas and shall be stockpiled for reuse during site rehabilitation and landscaping;
- b) once the topsoil has been removed the natural batter should be suitably stepped, scarified or roughened to prevent slipping and the fill is to be keyed in to hold the toe of the fill batter in place;
- c) filling shall comprise either uncontaminated Virgin Excavated Natural Material (VENM) or Excavated Natural Material (ENM). Contamination certificates for all source material shall be provided to the Principal Certifying Authority prior to placing any fill on site;
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- d) a ticketing system is to accompany any material being brought to the site. A register is to be kept on site to cross reference against the source records. An independent site auditor is to be engaged to undertake appropriate certification regarding the monitoring and validation of the fill material imported to the site as being sound, suitable for the proposed use and free of contamination;
- e) where batters exceed a ratio of three horizontal to one vertical, retaining walls, stoneflagging or terracing shall be constructed;
- f) all fill within the site shall be placed in layers not exceeding 300mm thickness and compacted to achieve a minimum dry density ratio of 98% when tested in accordance with Australian Standard AS 1289 - 'Methods of testing soils for engineering purposes unless otherwise specified'; and
- g) all disturbed areas are to be stabilised/revegetated, using a minimum 300mm surface layer of topsoil, as soon as practicable after the completion of filling works.
Note: ENM is defined by the Excavated Natural Material Exemption - NSW Environment Protection Authority.
46. Earthworks - Removal, Management and Transportation of Fill
All excavated fill material that is to be removed from the site shall only be sent to:
- a) a NSW Office of Environment and Heritage licensed waste disposal facility. A copy of the receipts from the waste disposal facility shall be kept and shall be provided to the Principal Certifying Authority prior to the issue of an Interim or Final Occupation Certificate, whichever occurs first, or authorised officer of Council upon request; or
- b) a site which has a current development consent for the importation of fill material. A copy of the current development consent for the site to which the material is proposed to be distributed must be provided to the Principal Certifying Authority prior to the issue of an Interim or Final Occupation Certificate, whichever occurs first, or authorised officer upon request.
All removed excavated material shall be transported and disposed of in accordance with the NSW Office of Environment and Heritage guidelines applicable at the time of removal.
47. Placing of Fill
All fill shall be placed in accordance with the standards specified in Table 5.1 of Australian Standard AS 3798 - 'Guidelines on Earthworks for Commercial and Residential Developments'.
48. Compaction - Landfill
All fill; including existing fill must be compacted in accordance with a compaction ratio of 98% as specified in Table 5.1 of Australian Standard AS 3798 - 'Guidelines on Earthworks for Commercial and Residential Developments'.
49. Requirements of Sewer Management Authority
Inspections for sanitary drainage works must be conducted by Hawkesbury City Council. Inspections must be conducted on the exposed pipes prior to covering. In the case of internal and external drainage, the inspection must be conducted by Hawkesbury City Council's Regulatory Services Branch. Please phone (02) 4560-4444 to arrange inspections.
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Prior to Issue of Occupation Certificate
50. Infrastructure Repair and Completion of Works
Prior to the issue of any Occupation Certificate:
- a) All works in the road reserve must be fully completed;
- b) Any public infrastructure damaged as a result of the development must be repaired to the satisfaction of Council.
51. On-site Stormwater Detention - Positive Covenant Required
A positive covenant shall be created on the title of the land providing the following:
- a) the registered proprietors will at all times maintain, repair and keep the on-site stormwater detention facilities in a good and safe condition and state of repair, in accordance with the approved design to the reasonable satisfaction, at all times, of Council, having due regard to the Plan of Management for the operation and maintenance of the on-site stormwater detention facilities;
- b) the liability under the Covenant will jointly and severally bind the registered proprietors of the proposed dwellings; and
- c) council only will be entitled to release or modify the Covenant.
The terms of the positive covenant are to be prepared to Council's standard requirements at the applicant's expense and endorsed by Council prior to lodgement with Land and Property Information.
Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of the Final Occupation Certificate.
52. Survey Certificate at Completion
A Survey Certificate, prepared by a Registered Surveyor, is to certify the location of the building in relation to the boundaries of the allotment.
The certificate is to be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.
53. Bushfire assessment report and certificate. All recommendations in the approved bush fire hazard assessment are to have been complied with to the satisfaction of the principal certifying authority.
54. Suitability of Glazing - Windows and Doors
Glazing materials (e.g. windows, doors, footlights, balustrades and shower screens) are to be installed within the building in accordance with Australian Standards AS1288 'Glass in Buildings - Selection and Installation' and AS2047 'Windows and external glazed doors in buildings'.
A Certificate of Compliance is required to be provided to the Principal Certifying Authority prior to the issue of an Interim Occupation Certificate.
Note:
The certificate is required to be signed by the manufacturer and the installer.
HAWKESBURY LOCAL PLANNING PANEL MEETING
Minutes:
18 April 2019
55. On-site Sewage Management - Approval to Operate
An Approval to Operate the on-site sewage management system shall be obtained prior to the issue of any Occupation Certificate.
56. Telecommunications Provider Certificate
Documentary evidence from a telecommunications carrier confirming that services are available for the development shall be provided to the Principal Certifying Authority prior to issue of the Occupation Certificate.
57. Sydney Water Section 73 Compliance Certificate
A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be provided to the Principal Certifying Authority prior to issue of the Occupation Certificate. For details refer to Sydney Water's website.
58. Energy Provider Certificate
Documentary evidence from an Energy Provider confirming that satisfactory arrangements have been made to serve the proposed development shall be provided to the Principal Certifying Authority prior to the issue of the Occupation Certificate.
59. Compliance Certificate - Connection to On-Site Waste Facility
A written clearance from Council (as the local sewer authority) that the development is suitably connected to the on-site sewerage management system is required to be submitted to the Principal Certifying Authority prior to the issue of an Interim Occupation Certificate.
All landscaping works approved under this consent are to be completed prior to the issue of a Final Occupation Certificate.
Operational Conditions
60. Annual Fire Safety Statement
The owner of the building is responsible for the lodgement with Council of an Annual Fire Safety Statement from a competent person so as to confirm the essential fire safety measures required to be provided in the building exist and are being maintained. The Annual Fire Safety Statement shall be issued within 12 months of the issue of the Final Fire Safety Certificate, and then on an annual basis thereafter.
A copy of the Fire Safety Statement obtained and Fire Safety Schedule shall also be:
- (a) Forwarded to the Commissioner of Fire and Rescue New South Wales by email to afss@fire.nsw.gov.au; and
- (b) Prominently displayed in the building.
61. Lighting
Any lighting shall be managed to minimise glare and light spill onto adjoining properties or roadways. Lighting installations shall comply with Australian Standard AS 4282 'Control of the obtrusive effects of outdoor lighting.'
No flashing, moving or intermittent lighting, visible from any public place may be installed on the premises or external sign associated with the development. Operational
62. Operational Management Plan
Ongoing implementation of the approved Operational Management Plan.
Advisory Notes
(i) Approval Authority
This development falls within the Sewerage Scheme controlled by Council, therefore Council is the approval authority for all sewer works.
The applicant must consult with the Waste Management Branch regarding any possible new work or upgrades to existing Council sewer mains related to this application.
- (ii) Equitable Access
The applicant shall make themselves aware of the Discrimination Against People with Disabilities Act (DDA) and assess their responsibilities and liabilities with regards to the provision of access for all people.
- (iii) Acid Sulfate Soils - Monitoring of Excavation During Works
All excavations are to be monitored to ensure that acid sulphur soils are not encountered during works. Signs that may indicate the presence of acid sulphur soils include:
- a) change in colour of the soil into grey and green tones;
- b) effervescence;
- c) the release of sulphur smelling gases such as sulphur dioxide or hydrogen sulphide; and
- d) lowering of the soil Ph by at least one unit.
Should any of the above indicators be present excavation work on the site is to stop and Council is to be notified to determine what action is required to be taken before work may commence.
- (iv) Site Contamination Discovered During Demolition or Construction
Should any new information come to light during demolition or construction works which has the potential to alter previous conclusions about contamination, then the applicant must be immediately notified and works must cease. Works must not recommence on site until the consultation is made with Council.
- (v) Dial Before You Dig
Prior to commencement of work, the free national community service 'Dial Before You Dig' shall be contacted on 1100 regarding the location of underground services in order to prevent injury, personal liability and even death. Enquiries should provide the property details and the nearest cross street/road.
- (vi) Requirements of 88B Instrument
The applicant shall make themselves aware of any User Restriction, Easements and Covenants to this property and shall comply with the requirements of any Section 88B Instrument relevant to the property in order to prevent the possibility of legal proceedings against them.
HAWKESBURY LOCAL PLANNING PANEL MEETING
Minutes:
18 April 2019
(vii) Works on Public Land - Public Liability Insurance
Any person or contractor undertaking works on public land must take out a Public Risk Insurance policy with a minimum cover of $10 million in relation to the occupation of public land and the undertaking of approved works within Council's road reserve or public land, as approved by this consent.
The policy is to note, and provide protection/full indemnification for Council, as an interested party. A copy of the policy must be submitted to Council prior to commencement of any works. The policy must be valid for the entire period that the works are being undertaken.
(viii) Utilities and Services
Utilities, services and other infrastructure potentially affected by construction and operation shall be identified prior to construction to determine requirements for access to, diversion, protection, and/or support. Consultation with the relevant owner and/or provider of services that are likely to be affected by the proposed development shall be undertaken to make suitable arrangements for access to, diversion, protection, and/or support of the affected infrastructure as required. The cost of any such arrangements shall be borne by the developer.
Reasons for Decision
The Local Planning Panel considers the proposal is acceptable and the proposed development is approved for the following reasons:
- -The proposal is acceptable having regard to the statutory requirements applying to the development.
- -The proposal is in the public interest.
- -The proposed development adequately satisfies the objectives and provisions of the Hawkesbury Local Environmental Plan 2012 (LEP 2012).
- -The Panel has included additional conditions to address issues raised by the Public in relation to ongoing operational management of the site, particularly addressing protection of adjoining bushland.
The meeting closed at 1.40pm.