local planning panel - wollondilly shire

Agenda

Local Planning Panel notice of meeting and agenda

Thursday 19 April 2018

You are invited to attend the next meeting to be held in the Council Chambers 62-64 Menangle Street, Picton on Thursday 19 April 2018 commencing at 5.30pm.

Local Planning Panel

Reports to the Local Planning Panel meeting held in the Council Chamber, 62-64 Menangle Street, Picton, on Thursday 19 April 2018

OPENING

RECORDING OF THE MEETING

The electronic recording of the Local Planning Panel meeting and the use of electronic media during the proceedings is not permitted. This includes devices such as laptops, mobile phones, tape recorders and video cameras.

WEBCAST NOTICE

Members of the public are advised, that Local Planning Panel meetings are recorded and webcast live in line with provisions under the Environmental Planning & Assessment Act 1979 No. 203. This notice is made as required under Section 18 of the Privacy and Personal Information Protection Act 1998 (PPIPA). The webcasts are publicly available for viewing on Council’s website. Video footage collected is of the panel and registered speakers. If you do not wish your image to be recorded a panel member or Council officer will, upon request, read your submission on your behalf. Your image, voice, personal and health information may be recorded, publicly broadcast and archived if you speak during the meeting and/or don’t remain in the space provided in the public gallery. The webcasts and webcast recordings are protected by copyright and owned by Council. No part of the proceedings of a Local Planning Panel meeting may be recorded, copied or made available to others by members of the public without the authority of the Council. Council may be required to disclose recordings pursuant to the Government Information (Public Access) Act 2009, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

ACKNOWLEDGEMENT OF COUNTRY

APOLOGIES AND LEAVE OF ABSENCE REQUESTS

DECLARATION OF INTEREST

CONFIRMATION OF MINUTES

Local Planning Panel meeting held on Thursday 22 March 2018

LOCAL PLANNING PANEL REPORTS - SUSTAINABLE AND BALANCED GROWTH ............. 3

1 Development Application No. 010.2016.00000817.001 - 110 Brundah Road, Thirlmere ..................................................................................... 3 2 Development Application No. 010.2016.00000412.001 – 1550 Burragorang Road, Oakdale ............................................................................ 31

2


1. Development Application No. 010.2016.00000817.001 110 Brundah Road, Thirlmere 277598 DD010.2016.00000817.001

LOCATION MAP

DEVELOPMENT INFORMATION

Reason for LPP referral Planning Agreement (State Infrastructure) DA No. 010.2016.00000817.001 Subject Site 110 Brundah Road Thirlmere

Lot 5 DP 244682 Proposal Four (4) Lot Subdivision Zoning R5 Large Lot Residential Permissibility Permissible with consent Cost of development Estimated: $150,000 Applicant Rein Warry & Co Owner RL & SA Fletcher Notification 15 December 2016 to 3 January 2017 Submissions Nil Variations Nil Site Inspection 8 February 2018 Recommendation Approval subject to conditions

3


EXECUTIVE SUMMARY

Reason for submission to the Local Planning Panel: Voluntary Planning Agreement for State Infrastructure Satisfactory Arrangements Certificate.

The application seeks approval for a four (4) lot subdivision in two stages. Stage 1 is subdivision of one lot into two, and stage 2 is the subdivision of one lot into 3.

There have not been any disclosures of political donations made in regard to this application.

It is recommended that the application be approved subject to conditions.

REPORT

BACKGROUND

The Development Application was lodged with Council on 3 November 2016. On 24 October 2017, the Department of Planning and Environment advised that a planning agreement between the Minister for Planning and the owner had been executed. On 21 February 2018, Council received advice that the Department of Planning and Environment had issued a Satisfactory Arrangements Certificate for designated State public infrastructure dated 16 February 2018. CONSULTATION

The subject application was notified from 15 December 2016 to 3 January 2017. No submissions were received. Integrated Development Considerations

Authority Outcome NSW RFS Deemed BSA with condition dated 23

December 2016. Subsidence Advisory Approval letter and stamped plans dated 31

October 2016 submitted with application.

Referrals Referral Outcome

Development Engineer Approval subject to conditions. Environment Officer Approval subject to conditions. Environmental Health Officer

Approval subject to conditions.

DoPE Satisfactory Arrangements Certificate dated 16/2/18.

Tharawal No response Cubbitch Barta No response

4


1.1 DESCRIPTION OF SITE AND SURROUNDING AREA

The subject land is known as No 110 Brundah Road, Thirlmere. It is located on the western side of Brundah Road about 150m south of the intersection with Tickle Drive. The site has an area of 2.023ha with a frontage of 121.92m to Brundah Road. Current improvements include a single-storey dwelling detached sheds and a pool. The site contains some existing trees. Brundah Road is bitumen sealed roads with approximately 6 metres of seal. There is no kerb and guttering. The land rises about 10m from the south east corner to the north west corner. The land rises about 3m along the road frontage. The subject land forms part of the area described as Land between Picton, Tahmoor and Thirlmere known as PTTAG. 1.2 DESCRIPTION OF DEVELOPMENT

The application seeks approval for a four (4) lot subdivision in two stages. Stage 1 is subdivision of one lot into two, and stage 2 is the subdivision of one lot into 3.

Stage 1

Final Stage

5


1.3 SECTION 79C ASSESSMENT

1.3.1 PROVISIONS OF RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

State Environmental Planning Policy No. 55 – Remediation of Land Harvest Scientific Services prepared a desktop assessment of potential contamination as part of the rezoning of land in this area. The desktop assessment indicated the potential existence of an orchard on the land, based on aerial imagery analysis. Following a request for additional information, Harvest Scientific Services have provided supplementary advice to the effect that they are now satisfied that the land was not used for orchard activities, and that the site is considered not to have been subject to a contaminating land use and is considered suitable for the development. Site inspection confirmed there are no visible remnants of orchard activities. Sydney Regional Environmental Plan No. 20—Hawkesbury-Nepean River The proposal is considered to be consistent with the aims of the plan and complies with the relevant planning policies and recommended strategies in respect to water quality and water quantity, subject to compliance with conditions of consent. Wollondilly Local Environmental Plan 2011 The land is zoned R5 Large Lot Residential. Clause 2.6 requires consent for subdivision. Clause 4.1 and the Minimum Lot Size Map require a minimum lot size of 4,000m2. The proposed lots range from 4,000m2 to 5,809m2 which comply.

Clause 1.2 Aims of Plan

Objective Comment (a) to provide for the management of natural resources and the protection of the natural landscape character,

The proposal is considered to be consistent with the objective.

(b) to protect, conserve and enhance the built, landscape and Aboriginal cultural heritage


(d) to encourage development that provides for an integrated transport and infrastructure system and adequate facilities and service provision for future growth,


(f) to maintain the separation between towns and villages to retain their unique character and rural and natural settings.


6


Objective Comment R5 • To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.


• To ensure that large residential allotments do not hinder the proper and orderly development of urban areas in the future.

The site has been zoned for rural residential development, and is not identified for future small lot urban development.

• To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

Services, facilities and infrastructure provision are to be provided through SIC and section 94 charges, and under section 73 of the Sydney Water Act 1994.

• To minimise conflict between land uses within the zone and land uses within adjoining zones.

No significant conflicts anticipated.

Clause Comment

Part 2 Permitted or prohibited development 2.6 Subdivision—consent

requirements Applies – consent is being sought by this application.

Part 4 Principal development standards 4.1 Minimum subdivision lot size Complies. All allotments exceed

the minimum 4000sqm lot size requirement.

Part 6 Urban release areas 6.1 Arrangements for designated

State public infrastructure Complies. Satisfactory arrangements have been made.

6.2 Public utility infrastructure Complies. Council is satisfied. 6.3 Development control plan Complies. 6.4 Relationship between Part and

remainder of Plan Noted.

1.3.2 PROVISIONS OF RELEVANT DRAFT ENVIRONMENTAL PLANNING

INSTRUMENTS

Nil 1.3.3 PROVISIONS OF RELEVANT DEVELOPMENT CONTROL PLANS

The development is subject to Wollondilly Development Control Plan 2016 Volume 1 – General, Volume 2 – Urban Release Areas, and Volume 3 – Subdivision of Land. There are no variations to the DCP proposed for this development.

7


Wollondilly DCP 2016

DCP Volume Relevance Volume 1 – General X Volume 2 – Urban Release Areas X Volume 3 – Subdivision of Land X

Volume 1 – General

Relevant Provisions Comment

Part 2 - General considerations for all development

2.1 Objectives 1 To ensure that developments are undertaken with due regard to human

safety. 2 To ensure that developments do not unreasonably impact on their

surrounds. 3 To ensure that developments achieve a satisfactory level of social equity. 2.2 Controls 1 The consent authority shall consider

the following safety and human health risks in assessing a development application under this volume:

Considered

a) Road and traffic hazards; Acceptable subject to conditions

b) Bushfire threat; BSA issued – acceptable subject to conditions

c) Flood risk; Not flood prone d) Noise, vibration, pollution,

odour, radiation or waste from surrounding land uses;

No significant impact

e) Exposure to electricity transmission systems;


f) Exposure to radiation from telecommunications infrastructure;


g) Potential exposure to children of material (including signage) from any nearby restricted premises and/or sex services premises;

No impact

h) Hazards from vehicles within car parking areas; and

No impact

i) Hazard from potential contamination of the land.

No impact – see SEPP 55 assessment.

Part 4 – Community Engagement The purpose of this part is to ensure that members of the public potentially affected by a proposed development have input into the assessment process before a final decision is made on a development application. It outlines Council’s notification and advertising procedure for development applications.

8



Relevant Provisions Comment 4.1 Development applications to be notified Subdivision creating less than 5 lots Yes 4.2 Requirements for notification Notification period

Written notification to adjoining owners.

15 December 2016 to 3 January 2017. Completed.

Part 9 – Environmental protection 9.1 Objectives 1. To improve and maintain environmental outcomes for the areas mapped

as natural resources biodiversity and natural resources water under Wollondilly Local Environmental Plan, 2011.

2. To improve and maintain environmental outcomes for unmapped areas of biodiversity and/or riparian value.

3. To maintain links between identified environmentally sensitive land and provide habitat and riparian corridors and appropriate buffer zones to these areas.

9.2 Interpretation (refer to DCP for further details) 9.3 Controls 5. All stormwater generated from any

development shall be treated to an acceptable standard to maintain water quality. In determining the “acceptable standard” the consent authority shall be mindful of the relevant guidelines of the State and Federal Governments. This treatment must be undertaken outside any areas mapped as sensitive land in the Natural Resources – Water map under Wollondilly Local Environmental Plan, 2011.

Conditions of consent are recommended in accordance with Council’s engineering requirements.

7. Where a development is proposed on sites which do not contain areas mapped on the Natural Resources Water or Natural Resources Biodiversity maps and contain native vegetation, the development shall be located in accordance with the following (in order of preference):

Tree removal is to be minimal. Consent conditions recommended.

i) on cleared parts of the site wherever possible; or

Proposed house sites are predominately cleared.

ii) in locations where the least amount of vegetation removal would be required (e.g. close to roads) if the development is not able to be located wholly in a cleared area; or

Complies.

9



Relevant Provisions Comment iii) If the development is not able to be

located wholly in a cleared area, then the development should be located on parts of the site in which the vegetation is determined as being of the least significance and recovery potential.

NA

This includes consideration of vegetation removal for any main buildings, ancillary buildings, asset protection zones, effluent disposal areas and access driveways that may be required for the development.

NA

8. In cases where native vegetation removal is required a flora and fauna report from an appropriately qualified ecologist may be required to satisfy compliance with any of the controls listed above.

Not required.

Note: Compliance with the above controls does not guarantee that consent would be granted for the development; the requirements of the Threatened Species Act, 1995, Native Vegetation Act, 2003 and the Environmental Protection and Biodiversity Conservation Act, 1999 would need to be satisfied if approval is required under those acts of legislation.

Volume 2 – Urban Release Areas

Relevant Provisions Comment 1.2 Objectives 1 To satisfy the requirements of Clause

6.3 of Wollondilly Local Environmental Plan.

Complies

2 To achieve the objectives of Clause 6.3 of Wollondilly Local Environmental Plan.

Complies

1.3 Parts of this Volume This volume has two parts. The first being this introductory part and the second being the provisions relating to each Urban Release Area.

2.4 Land Between Picton Tahmoor and Thirlmere (commonly known as PTTAG) (refer to DCP for further details of controls) Compliance with LEP requirement for

matters to be addressed in DCP Compliance with section 2.4 is achieved through compliance with other provisions of the DCP.

10


Volume 3 – Subdivision of Land

Relevant Provisions Comment

Part 2 – General Requirements for all Development

2.1 Traffic and Transport Objectives 1. To ensure that new allotments created

by the subdivision of land are provided with adequate public roads.

Complies

2. To ensure that the subdivision of land is only undertaken in locations where the road network is able to provide, or be made capable of providing adequate servicing.

3. To ensure new roads are safe and efficient. 4. To ensure access points for rural subdivisions are located at safe

locations within the road network. 5. To ensure pedestrian and cycle paths are provided where required to

maximise the uptake of healthy and sustainable transport options. 6. To ensure splay corners are dedicated at intersections so that

intersections can be maintained to maximise sight distances and to maximise flexibility to upgrade intersections in the long term.

Controls 2. All access handles must comply with

the following minimum widths: 10m handle, 4m pavement

Complies – consent condition recommended.

3. In the case of an access handle servicing one allotment the access handle must wholly be part of the allotment it is serving.

NA

4. In the case of an access handle servicing more than one allotment the access handle must be part of each of the allotments it is serving with reciprocal rights of carriageway provided.

Complies.

5. Road infrastructure enhancement shall be provided to existing roads in accordance with the following table unless the improvements are already present: (see DCP for further details)

Complies.

7. New street lighting must use only LED type lights.

Consent condition recommended.

11



Relevant Provisions Comment 8. Access handles servicing more than 1

allotment in a rural, residential or environmental zone must be provided with a streetlight within a reasonable proximity (to be determined by Council and imposed as a condition of development consent) to the point where the access handle connects to the public road. Where existing street lighting in the vicinity of the site is deemed to be adequate by Council this condition does not apply.

Consent condition recommended.

2.2 Wastewater Objectives 1. To ensure wastewater generated by development can be managed

without harm to the natural environment or human health. 2. To encourage sustainability in

wastewater disposal by preventing the use of pump out systems which require significant energy inputs for the transport of waste.

Complies

3. To ensure development within the Sydney Drinking Water Catchment has a neutral or beneficial effect on water quality.

Complies

Controls 1. All lots created must have access to

one or more of the following:

c) Sufficient land with the correct physical and chemical characteristics to allow for the wastewater to be treated and disposed of within the boundaries of the lot.

Complies – effluent disposal assessment report submitted.

3. Any subdivision that is carried out on unsewered land (i.e. carried out under control 1(c) above) must meet the requirements of Council’s “On-site Sewage Management System and Grey Water re-use Policy”.

Complies.

2.3 Stormwater Objectives 1. To ensure stormwater is appropriately managed to prevent

environmental harm and to reduce the risk of damage to property and human life.

2. To ensure stormwater is appropriately managed to minimise long term flooding impacts on and from developments.

3. To ensure that development within the Sydney drinking water catchment has a neutral or beneficial effect on water quality.

12



Relevant Provisions Comment Controls 1. Development involving the subdivision

of land must demonstrate that stormwater management arrangements will allow for drainage to be directed to either a natural water body or a constructed stormwater management system without causing significant environmental harm or risks to human health and safety.

Complies.

2.4 Lot Size and Shape Objectives 1. To ensure regular and practical allotments that will encourage the

orderly and economic use of land. Controls 2. Lots in residential zones shall have the

following minimum dimensions: (See the DCP for further details)

Complies.

2.5 Landscape and Character Objectives 1. To ensure subdivisions are designed in a way that maintains or

enhances the landscape character of the surrounding area. Controls 2. The subdivision of land in residential

zones must ensure that there are no two access handles along the same property boundary.

Proposed Lots 51 and 52 share the access handle through reciprocal rights of way.

PART 3 – Controls for Specific Locations

3.8 Land Between Picton, Tahmoor and Thirlmere (commonly known as PTTAG) Objectives 1. To ensure future subdivision of the land has regard to the capacity of

downstream stormwater infrastructure. 2. To ensure aboriginal heritage is appropriately considered in the

assessment of subdivisions in the PTTAG precinct. Controls 1. Prior to the grant of consent for any

subdivision of land to which this clause applies must demonstrate that all downstream stormwater infrastructure, including culverts, are adequate for post development flows or can and will be upgraded to accommodate such flows.

Consent condition recommended requiring no change to stormwater flow rates from the site.

13



Relevant Provisions Comment 2. The consent authority shall consult

with local aboriginal groups as a part of the assessment for any subdivision application within the PTTAG precinct and may require additional archaeological assessment on a site by site basis.

Consultation letters sent. No response received.

1.3.4 DRAFT AND/OR PLANNING AGREEMENTS ENTERED OR OFFERED TO ENTER

INTO

The developer/owner has entered into a Voluntary Planning Agreement with the Minister for Planning in respect to State public infrastructure. 1.3.5 ANY CONTRIBUTIONS PLAN

Wollondilly Development Contributions Plan 2011 applies to the development.

Contributions are calculated based on: New lots = 4 Existing lots = 1 Increase = 3 lots

Rates as at December 2017 Amount Number Contribution

Open Space, Sport & Recreation (Shire) $272 3 $816

Open Space, Sport & Recreation (Precinct) $11,125 3 $33,375

Library & Community Facilities (Shire) $1,284 3 $3,855

Library & Community Facilities (Precinct) 1$,657 3 $4,971

Transport & Traffic (Roads & Intersections) $4,611 3 $13,833

Transport & Traffic (Cycleways) $67 3 $198

Bushfire Protection $32 3 $96

$19,048 $57,144

Admin $953 3 $2,859

Total $20,000 $60,000 1.4 IMPACT OF THE DEVELOPMENT

It is considered that the development will not have a significant impact on the natural or built environment. It is considered that the development will have social and economic impacts consistent with the intent of the zoning of the land. 1.5 SUITABILITY OF THE SITE

It is considered that the site is suitable for the development. The proposed development is considered to be suitable for the site, subject to recommended conditions of consent.

14


1.6 SUBMISSIONS

Nil 1.7 THE PUBLIC INTEREST

The proposed development generally complies with the provisions of WLEP 2011 and WDCP 2016. Subject to conditions of consent, the development is not expected to have any negative impacts on the environment or the amenity of the locality as detailed throughout this report. It is considered the development is appropriate to the zoning and the intended future character of the area and is therefore considered to be in the public interest. FINANCIAL IMPLICATIONS

There are no significant financial implications.

ATTACHMENTS IN SEPARATE BOOKLET

1. Existing Allotment 2. Proposed Allotments Both Stages 3. Stage 1 Plan 4. Stage 2 Plan 5. Preliminary Subdivision Works Plan & Schedule 6. Supplementary Plan

RECOMMENDATION

That consent be granted subject to the following conditions.

1. COMPLIANCE These conditions are imposed to ensure that the development is carried out in accordance with statutory requirements, the conditions of consent and the approved plans to Council’s satisfaction. (1) Development Consent is granted for a 4 lot subdivision at Lot: 5 DP:

244682, 110 Brundah Road THIRLMERE.

(2) Development shall take place in accordance with the following endorsed plans, submitted in respect of Development Application No. 010.2016.00000817.001, except where varied by the following conditions:

15


Plans Prepared Rein Warry and Co. Plan Title Dwg

No. Sheet Rev Date

Existing Allotment 7399 1 of 5 1 24/10/2016 Proposed Allotments Both Stages 7399 2 of 5 1 24/10/2016 Stage 1 Plan 7399 3 of 5 1 24/10/2016 Stage 2 Plan 7399 4 of 5 1 24/10/2016 Preliminary Subdivision Works Plan and Schedule

7399 5 of 5 1 24/10/2016

Supplementary Plan Proposed Allotments Both Stages with Trees

7399 2 of 5 1 24/10/2016#1

#1(submitted 1/12/2016)

(3) Development shall take place in accordance with the recommendations of the following: Bushfire assessment by Building Code & Bushfire Hazard

Solutions dated 6 October 2016, Wastewater Site Assessment by Harvest Scientific Services

Pty Ltd dated 19th October 2016.

(4) Works shall not commence on the site, including the placement of temporary buildings, site excavation, filling, removal of trees or other site preparation works (with the exception of site survey work), prior to the issue of a Construction Certificate by Council or a nominated Accredited Certifier.

(5) Where any work associated with this consent has the potential to disturb

neighbours through the generation of noise, dust, odour, vibration or through deliveries to the site the person with control over the works shall advise the occupants of all adjoining and potentially affected properties of the timing and duration of such works. The land owner has the ultimate responsibility for ensuring that anybody undertaking works under this development consent on their behalf is aware of this requirement and completes the task required by this condition.

2. INTEGRATED DEVELOPMENT These conditions have been imposed to ensure that the development is carried out in accordance with the requirements of other approval authorities:

(1) Rural Fire Service

a. 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:

16


Water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

b. 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: Property access roads shall comply with section 4.1 .3 (2) of 'Planning for Bush Fire Protection 2006'.

c. General Advice

This approval is for the subdivision of the land only. Any further development application for class 1,2 & 3 buildings as identified by the 'Building Code of Australia' must be subject to separate application under section 79BA of the EP & A Act and address the requirements of 'Planning for Bush Fire Protection 2006'.

(2) Subsidence Advisory NSW

Conditions of Approval - letter dated 31 October 2016

a. The number, size and boundaries of lots being substantially as shown on the approved plan.

b. Notification being made to the Subsidence Advisory NSW of any

changes to lot numbering and of the registered DP number. The conditions of approval issued by the Subsidence Advisory NSW (SANSW) dated 31 October 2016 are included as conditions of this Consent.

3. CONSTRUCTION GENERAL

These conditions have been imposed to ensure that all construction work is undertaken to an approved standard and related approvals.

(1) Construction shall not commence until a Construction Certificate has

been obtained from Council or a nominated Accredited Certifier. (2) An appropriate fence preventing public access to the site shall be erected

for the duration of construction works. (3) All construction and building work shall be restricted to between 7:00am

and 6:00pm Mondays to Fridays (inclusive), 8.00am and 1.00pm Saturdays and prohibited on Sundays and Public Holidays unless written approval to vary the hours of work is granted by Council.

17


(4) Toilet facilities are to be provided, at or in the vicinity of the work site on

which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. These facilities are to be provided prior to the commencement of any works and:

a. Must be a standard flushing toilet; and b. Must be connected:

i. to a public sewer, or ii. if connection to a public sewer is not practicable, to an

accredited sewage management facility approved by the Council, or if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the Council.

In this condition:

Accredited sewage management facility means a sewage

management facility to which Division 4 of Part 2 of the Local Government (General) Regulation 2005 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 41 of the Regulation.

Approved by the Council means the subject of an approval in

force under Division 4 of Part 2 of the Local Government (General) Regulation 2005.

Sewage Management Facility has the same meaning as it has in

the Local Government (General) Regulation 2005.

(5) Any damage to the Council footway, road or other land shall be restored in accordance with Council’s specifications prior to the issue of any Subdivision Certificate.

4. SERVICES

These conditions have been imposed to ensure that an adequate level of services and infrastructure are provided for this development.

(1) Electricity supply is to be made available to all proposed lots for each

stage of the development in accordance with the requirements of Endeavour Energy. In this regard, written confirmation from Endeavour Energy that suitable arrangements have been made for the lots in the particular stage shall be submitted to the Principal Certifying Authority prior to the release of the Subdivision Certificate for that stage.

(2) A Section 73 Compliance Certificate under the Sydney Water Act 1994

must be obtained.

18


Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to “Water Servicing Co-ordinator” under “Developing Your Land” or telephone 13 20 92 for assistance.

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to the issue of any Subdivision Certificate for the development.

(3) Prior to the issue of the Subdivision Certificate for each stage, the

developer (whether or not a constitutional corporation) is to provide evidence satisfactory to the Certifying Authority that arrangements have been made for: (i) The installation of fibre-ready facilities to all individual lots and/or

premises in a real estate development project so as to enable fibre to be readily connected to any premises that is being or Department of Planning and Environment – Planning Circular PS 17-005 2 / 3 may be constructed on those lots. Demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre ready facilities are fit for purpose; and

(ii) The provision of fixed-line telecommunications infrastructure in the fibre-ready facilities to all individual lots and/or premises in a real estate development project demonstrated through an agreement with a carrier. (Note real estate development project has the meanings given in section 372Q of the Telecommunications Act).

(4) Prior to the issue of the Subdivision Certificate for Stage 2:

a. Approval shall be obtained from Council for a new on-site wastewater management system (OSWMS) to serve the existing house and shall be contained within the boundaries of proposed Lot 54.

b. Installation of the new OSWMS on proposed Lot 54 in accordance with any conditions of approval for its installation.

c. The existing OSWMS on the property shall be decommissioned in accordance with the NSW Health Advisory Note No 3 (dated 3 May 2006) for Destruction, Removal or Reuse of Septic Tanks, Collection Wells, Aerated Wastewater Treatment Systems and Other Sewage Management Facility Vessels.

(5) Prior to issue of the Subdivision Certificate for Stage 2, submission to

Council of: a. Certification of the satisfactory installation of the new OSWMS on

proposed Lot 54, and b. Certification that decommissioning of the existing OSWMS have

been carried out in accordance with condition 4.(6)(c).l

19


5. WASTE MANAGEMENT

These conditions have been imposed to enquire that wastes are correctly stored, disposed of and controlled at all times to prevent accidents and to maintain clean and tidy premises.

(1) A Waste Management Plan is to be submitted to the Council for approval

prior to the issue of any Construction Certificate. The Waste Management Plan is to be in accordance with the provisions of Council’s Waste Minimisation and Management Guidelines and is to include both the construction and post-construction phases of the development.

6. STREET ADDRESSING

These conditions are imposed in order to ensure the development complies with the requirements of the New South Wales Address Policy as published by the Geographical Names Board of New South Wales.

(1) Prior to the issue of a Construction Certificate for the subdivision an

application for street addresses for all lots within the subdivision shall be submitted to Council in accordance with Section 5.2 of the NSW Address Policy.

(2) A letter from a Registered Surveyor shall be submitted to Council certifying that no services of Public Utility or waste water disposal presently connected to existing buildings straddle proposed boundaries after subdivision.

(3) Submission to Council of the Linen Plan of Subdivision together with nine

(9) copies suitable for certification by the General Manager and lodgement at Land and Property Information. A fee for the release of the Subdivision Certificate applies.

(4) The development shall be completed in accordance with the relevant

plans and conditions of consent prior to the release of the Subdivision Certificate.

7. SECTION 94 CONTRIBUTIONS

These conditions have been imposed to ensure the adequate provision of public facilities required as a result of the development.

(1) Payment of a Contribution in accordance with the Wollondilly Section 94

Contribution Plan 2011, the cost of which will be determined and payable at the time of the release of the Subdivision Certificate.

These figures are reviewed quarterly in accordance with the provisions of the Contributions Plan and an updated figure must be obtained from Council at the time of payment.

20


The current (September 2017) amounts payable are:

Stage 1: contribution for 1 lot:

Amount Number

Open Space, Sport & Recreation (Shire) 272 1 $272.00 Open Space, Sport & Recreation (Precinct) 11124 1 $11,124.00

Library & Community Facilities (Shire) 1284 1 $1,284.00

Library & Community Facilities (Precinct) 1657 1 $1,657.00 Transport & Traffic (Roads & Intersections) 4611 1 $4,611.00

Transport & Traffic (Cycleways) 67 1 $67.00

Bushfire Protection 32 1 $32.00

19048 $19,047.00

Admin 953 1 $953.00

Total 20000 $20,000.00

Stage 2: contribution for 2 lots:

Amount Number

Open Space, Sport & Recreation (Shire) 272 2 $544.00 Open Space, Sport & Recreation (Precinct) 11124 2 $22,248.00

Library & Community Facilities (Shire) 1284 2 $2,568.00

Library & Community Facilities (Precinct) 1657 2 $3,314.00 Transport & Traffic (Roads & Intersections) 4611 2 $9,222.00

Transport & Traffic (Cycleways) 67 2 $134.00

Bushfire Protection 32 2 $64.00

19048 $38,094.00

Admin 953 2 $1,906.00

Total 20000 $40,000.00

8. ENVIRONMENTAL MANAGEMENT

(1) Submission with the Construction Certificate application of a detailed plan that demonstrates that all proposed building envelopes and associated wastewater management areas within each of the four allotments are located to ensure minimisation of the removal of native trees. The detailed plan is to show the following items: a. The location of external roads and any interior roads for each of the

proposed four allotments. b. The intended location of building envelopes, associated ancillary

items as well as the Wastewater Management Area for each of the proposed four allotments.

21


c. Broad locations of intended drainage measures including any

measures on internal roads.

This plan must be approved by Council before the issue of the Construction Certificate.

(2) A detailed landscape plan, drawn to scale by a person with horticultural

qualifications or similar (such qualifications must be endorsed on the plans) shall be submitted to and approved by Council or a nominated Accredited Certifier prior to the issuing of the Construction Certificate. This plan must include the following: a. All existing and proposed site structures b. All existing vegetation c. Details of all proposed earthworks that include d. Location, number and type of proposed plant species e. Details of drainage and watering systems f. Details of compliance with the landscaping requirements of other

conditions of this of other conditions of this consent

(3) The plants utilised as part of landscaping must include native tree, as well as a number of locally endemic shrub and grass species which occur on the site to offset the removal of such species as part of the proposal. The number of different species utilised should be five (5) or less if more than this number of shrub or groundcover species are identified as being impacted by the proposal. These species must be depicted on the Landscaping Plan as ‘occurring on site’.

(4) During construction, no trees are to be cut down, lopped, destroyed or

removed unless the tree: Is located within 3 metres of an approved building; envelope. Separate written approval is obtained from Council. All trees that

are to be retained are to be protected by fencing, firmly staked within the drip line/canopy of the tree and maintained during the duration of the works. The area within the fencing must not be used for stockpiling of any material, nor for vehicle or pedestrian convenience.

(5) Landscaping is to be installed in accordance with the Approved Plan prior

to the release of the Subdivision Certificate.

9. WEED MANAGEMENT

These conditions have been imposed to ensure that noxious and environmental weeds on the subject land are appropriately managed.

22


(1) A Weed Eradication and Management Plan shall be prepared by a

suitable qualified and experienced person(s) and shall be submitted to the Council or a nominated accredited certifier for approval prior to the release of any Construction Certificate and shall include: An inventory of all Noxious and Environmental weeds on the

development site and a site plan indicating the weed infestations with reference to the species and degree of infestation (ie., low, medium, high);

A treatment schedule in tabulated form, specifying for each species: The method of treatment (mechanical, herbicide use or cultural

such as pasture improvement or grazing); The rates of application methods of all herbicide treatments; The primary control treatment to achieve a minimum 70% kill and a

secondary control treatment to achieve a minimum 90% kill; and The timing of treatments. Details of any methods of disposal of weed material;

NOTE: If the suitably qualified and experienced person provides evidence to the satisfaction of Principal Certifying Authority that the site is free of noxious or environmental weeds that evidence will be taken to satisfy this condition.

(1) All preliminary weed treatment measures identified in the weed

eradication and management plan shall be carried out prior to the release of the Subdivision Certificate.


eradication and management plan shall be carried out prior to the release of the Subdivision Certificate.

10. ENGINEERING & CONSTRUCTION SPECIFICATIONS These conditions have been imposed to ensure that developments within the Shire are of a standard which is both safe and acceptable to Council and members of the public. Stage 1

(1) All works are to be designed and carried out in accordance with

Wollondilly Shire Council’s adopted Design and Construction Specification.

(2) Engineering design plans for road shoulder widening, access, and storm

water drainage shall be submitted to Council or nominated accredited certifier for approval. The plans must be approved prior to the issue of a Construction Certificate for any civil works associated with this development. All levels are to be reduced to Australian Height Datum. Road design parameters shall comply with the requirements of Council’s Design Specifications.

23


(3) Where Council’s Construction Specification require that density tests,

beam tests or CBR tests be undertaken, the results shall be forwarded to Council or the nominated Accredited Certifier within 7 days. A NATA registered laboratory shall carry out the tests. When testing for density, the Standard Compaction testing method is to be used.

Failure to submit test results may result in Council refusing to issue completion

certificates and hence may result in additional works being required. (4) A defects liability period of twelve (12) months will apply from the date of

issue of the Certificate of Practical Completion by Council and for Public Roads the twelve (12) months is dated from the date of registration of the road as Public Road. A 10% maintenance bond, or a minimum of $1,000, whichever is greater, is to be lodged in accordance with Council’s Construction Specification for all work that is to become the property of Council.

(5) A certified “Works as Executed” plan from a Chartered Professional

Engineer or Registered Surveyor is to be submitted electronically for all road stormwater lines to the Principal Certifying Authority before the final inspection for the Certificate of Practical Completion. The “Works as Executed” details shall be shown on the approved plans and must certify that the works have been constructed in accordance with the approved drawings and to the levels specified.

(6) A “Soil and Water Management Plan” (SWMP) that outlines the measures

that will be taken to limit and contain sediment laden runoff during construction shall be submitted to Council. The measures shall be in accordance with Council’s Construction Specification and the Department of Housing’s “Blue Book”. The plan is to be approved by Council or the Accredited Certifier with the Engineering Plans.

(7) A “Traffic Management Plan” that details suitable safety measures that

will be implemented whenever work is being undertaken in the public road reserve shall be submitted to Council or a nominated Accredited Certifier. The safety precautions are to be in accordance with the requirements of the “Traffic Control at Work Sites” manual (as published by the RMS). The plan is to be prepared and endorsed by a person with current NSW Roads and Maritime Services (RMS) certification and provided to Council or a nominated Accredited Certifier before the issue of a Construction Certificate for development.

24


11. DRAINAGE/STORMWATER

These conditions have been imposed to ensure drainage/stormwater is appropriately managed. Stage 1 & 2

(1) Stormwater runoff from and through the property is to be appropriately

managed so as to control nuisance, damage and hazard during storm events.

(2) Stormwater runoff from all impervious surfaces on the property shall be

collected and conveyed to a point suitable for integration with either the natural or constructed stormwater drainage system. A piped drainage system shall be provided to convey runoff from storms up to the 5% AEP. Defined overland flow paths shall be provided to safely convey runoff from storm events up to the 1% AEP.

(3) An interallotment drainage system shall be provided for those lots not

able to discharge stormwater by gravity flow to the road gutter or suitable Council drainage system. This system shall be located within a drainage easement not less than 1.5 metres wide which confers appropriate drainage rights.

(4) Stormwater management measures in accordance with Council`s Design

Specification shall be provided to ensure adequate control of water quality and water quantity from the site.

Stormwater control measures shall ensure that post development flow rates from the site are not more than pre development site discharge at each discharge point for all rainfall events up to 1 in 100 year ARI. The measures shall also consider cumulative impacts on critical points downstream. Treatment types could include vegetated swales, infiltration trenches and rain water tanks.

12. ACCESS

These conditions have been imposed to ensure that adequate provision is made for off street parking, appropriate to the volume and turnover of traffic generated by the development. Stage 1

(1) A concrete, asphaltic concrete or 2 coats sealed driveway shall be

provided within the access handle that will facilitate vehicular access from Brundah Road to the proposed lot 51 and 52. The carriageway shall be constructed and sealed 4.0 metres wide and the Right of Carriageway shall be a minimum 10.0m wide. A detailed design of the driveway including associated drainage shall be shown on the engineering plans for approval by the Council or the Nominated Accredited Certifier.

25


13. PUBLIC ROADS These conditions have been imposed to ensure all public road works required by the development are provided to an adequate standard. Stage 1

(1) In accordance with Section 138 of the Roads Act, a 138 Consent

Certificate must be obtained from Council’s Infrastructure Planning Section a minimum 7 days prior to commencement of work within the site or public road. A fee is payable for issue of this Consent Certificate.

(2) The applicant shall provide a 1.5 metre wide sealed road shoulder with

concrete edge strips or 2.0 metres shoulder widening with 1.5 metre seal for the full frontage in Brundah Road including table drains where appropriate. Details shall be included on the engineering plans for approval by the Council or the Nominated Accredited Certifier.

(3) The person having the benefit of this consent shall undertake all

reasonable efforts to protect the public road pavement from damage during the course of construction work. Restoration of any damaged road or footway shall be at the applicant’s expense.

(4) Provision of Vehicular Access to the proposed lot 51 and 52, through the

construction of a combined concrete piped culvert crossing in accordance with Council’s Design & Construction Specifications.

Note: Any adjustment to services shall be at the expense of the applicant. Prior to the construction of the crossing, approval shall be obtained from Council’s Infrastructure Planning Section.

Stage 2

(5) Provision of Vehicular Access to the proposed lot 53 through the

construction of concrete piped culvert crossings including sealed cross over in accordance with Council’s Design & Construction Specifications.

Note: Any adjustment to services shall be at the expense of the applicant. Prior to the construction of the crossing, approval shall be obtained from Council’s Infrastructure Planning Section.

(6) The existing access for lot 54 is substandard. The applicant shall restore

by placing road base and seal this from the bitumen seal in Brundah Road to the property boundary. Details of this shall be shown on the engineering plans for approval prior to issue of Construction certificate.

26


Stage 1& 2

(7) Access gates to individual Lots must be set back no less than 5 metres

inside the front boundary. A restriction to this effect shall be placed on the Title of each Lot.

14. EROSION AND SEDIMENT CONTROL

These conditions have been imposed to minimise the impact of the Development on the environment and on adjoining properties.

Stage 1 & 2

(1) Erosion and sediment control devices are to be installed prior to any

construction activity on the site. These devices are to be maintained for the full period of construction and beyond this period where necessary.

(2) Vehicle access is to be controlled so as to prevent tracking of sediment

onto adjoining roadways, particularly during wet weather or when the site has been affected by wet weather.

(3) Topsoil stripped from the construction site is to be stockpiled and

protected from erosion until re-used during landscaping. (4) All disturbed areas are to be stabilised by turfing, mulching, paving or

otherwise suitably stabilised within 30 days of completion. (5) Kikuyu will not be permitted to be used for turfing of any disturbed area.

15. EARTH FILL

These conditions have been imposed to ensure the safe disposal of fill.

Stage 1 & 2

(1) All filling on the site, including footpath areas, shall be compacted to not

less than 95% Standard Compaction. (2) A Cut/Fill plan shall be prepared and supplied with the Engineering design

plans, showing the exact extent and depth of cut and filling on each lot prior to the issue of the Construction Certificate.

(3) Only fill characterised as VENM or ENM under the guidelines of the NSW

Environmental Protection Authority may be used in this development. Copies of validation reports for all fill used shall be retained and presented to Council on request.

27


16. INSPECTIONS

These conditions have been imposed to ensure that construction works are undertaken to an approved standard.

Stage 1

(1) The engineering works shall be inspected by the Principal Certifying

Authority at the following stages of construction to ensure they comply with Council’s Construction Specification and associated approvals:

Prior to commencement of any construction work on the site, after

erosion and sediment control and traffic control measures are implemented.

When drainage lines have been laid, jointed and bedded, prior to backfilling.

Prior to pouring of the drainage pits, when the formwork and steel is in place.

Prior to pouring of the road drainage culverts, when the formwork and steel is in place.

When roadworks have been excavated to subgrade, prior to placing of pavement.

When subsoil drainage lines have been excavated and drainage pipe laid prior to placing filter material.

After shaping and prior to topsoil/turf placement of overland flow paths.

When part of the pavement depth (as indicated by Principal Certifying Authority) has been placed.

During the roller test, which is to be carried out using a three point roller or approved equivalent?

At sealing At completion of the preparation of all concrete pipe culvert

crossing. Prior to pouring concrete to driveway, when formwork and steel is

in place or prior to sealing pavement in place. At practical completion of works. At final completion of works Note: It is the responsibility of the applicant or contractor to notify the Principal Certifying Authority when inspections are required. Failure to notify may lead to additional work being required prior to issue of inspection certificates. A minimum of 24 hours notice is required for inspections where Council is the Principal Certifying Authority.

17. SUBDIVISION PLANS

These conditions have been imposed:

28


(a) To ensure the submission of Subdivision Plans to the specifications

of Land and Property Information for registration. (b) To submit the required documentation for the creation of property

restrictions and easements as specified.

(1) Building envelopes shall be nominated and indicated on the Linen Plan for each lot. The building envelope is to be the area to accommodate construction of a dwelling and any ancillary buildings as well as the waste water irrigation area, landscaping and active recreation space. A Section 88B Instrument creating appropriate Restrictions as to User on the lots shall be submitted with the linen plan. The Section 88B Instrument shall contain a provision that it may not be extinguished or altered except with the Consent of Wollondilly Shire Council. Details of the Restriction as to User shall be indicated on the Subdivision Certificate and on the Certificate of Title for the land.

(2) Submission of a Section 88B Instrument creating the relevant reciprocal

Rights-Of-Way and easement for services over Lots 52 and 53 and a Restriction As To User preventing any present or subsequent proprietor of the lots from seeking to extinguish, remove, modify or restrict the enjoyment of the Right-Of-Way and easement for services without the prior written consent of Council being obtained.

(3) The development shall be completed in accordance with the relevant

plans and conditions of consent relevant to each stage of the development prior to the release of the Subdivision Certificate for that stage.

18. PRESCRIBED CONDITIONS UNDER THE ENVIRONMENTAL

PLANNING & ASSESSMENT ACT, 1979.

These conditions are imposed as they are mandatory under the Act.

(1) ERECTION OF SIGNS

a. For the purposes of section 80A (11) of the Act, the requirements of subclauses (b) and (c) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.

b. 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:

(i) showing the name, address and telephone number of the principal certifying authority for the work, and

(ii) 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

29


(iii) stating that unauthorised entry to the work site is prohibited.

c. 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.

d. This clause does not apply in relation to building work, subdivision work

or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

e. This clause does not apply in relation to Crown building work that is

certified, in accordance with section 109R of the Act, to comply with the technical provisions of the State’s building laws.

f. This clause applies to a development consent granted before 1 July 2004

only if the building work, subdivision work or demolition work involved had not been commenced by that date.

Note. Certifying Authorities and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A of the Environmental Planning and Assessment Regulation 2000 which currently imposes a maximum penalty of $1,100).

19. ADVICES

Stage 1 & 2

(1) During the course of construction, care must be taken to prevent damage

to any public utility or other service and the applicant will be held responsible for any damage caused by him or his agents, either directly or indirectly. Any mains, services, poles, surface fittings etc., which require alterations shall be altered at the applicants expense and to the satisfaction of Council and the authority concerned.

(2) At all times work is being undertaken within the public road, adequate

precautions shall be taken to warn, instruct and guide road users safely around the work site with a minimum of disruption.

(3) The developer and any contractor or sub-contractor used to carry out any work authorised by or out of this approval on Council owned or controlled land, is to carry the following insurance, copies of which are to be produced to Council upon request:

Motor Vehicle Insurance (comprehensive or property damage) for

all self propelled plant, as well as valid registration or RMS permit (Including CTP insurance). Primary producer’s registration is not registration for use on Public Road construction work.

Workers Compensation Insurance. Twenty Million Dollar Public Liability Insurance.

30


2. Development Application No. 010.2016.00000412.001 1550 Burragorang

Road, Oakdale 278264 TRIM 010.2016.00000412.001

© Wollondilly Shire Council. © NSW Spatial Services

LOCATION MAP N

DEVELOPMENT INFORMATION

Reason for LPP referral Voluntary Planning Agreement DA No. 010.2016.00000412.001 Subject Site Lot: 1 DP: 835288 – 1550 Burragorang Road,

OAKDALE Proposal 124 Lot Torrens Title Subdivision and

associated works Zoning R2 – Low Density Residential Permissibility Permissible with consent Cost of development $7,930,000.00 Applicant CARDNO Pty Ltd. Owner Peter & Joyce MacBeth, Mathew & Angela

MacBeth Notification Advertised (10/08/2016 – 09/09/2016) Submissions Five (5) Variations Nil Site Inspection December 2017 Recommendation Approval subject to conditions

31


EXECUTIVE SUMMARY

The purpose of this report is to address the Torrens Title Subdivision and the method of stormwater treatment and disposal.

This development is subject to a Voluntary Planning Agreement, which is detailed further into the assessment report.

There have not been any disclosures of political donations made in regard to this application.

It is recommended that the application be approved subject to conditions.

REPORT

BACKGROUND

Development consent is requested from Wollondilly Shire Council under Part 4 of the Environmental Planning and Assessment Act 1979 (EP&A Act) for a two phase subdivision of land at 1550 Burragorang Road, Oakdale

This development is subject to a Voluntary Planning Agreement (VPA), which is detailed further into the assessment report. In addition a Biobanking Agreement has been prepared and is with Office of Environment and Heritage (OEH) for execution. CONSULTATION

The proposed development was advertised for 30 days from 10 August 2016 to 9 September 2016. Five submissions were received. Numerous meetings were arranged with Council assessing staff, the applicant, relevant consultants and Water NSW regarding the method of stormwater treatment and the VPA. Water NSW has given their approval to the stormwater treatment method and provided the following conditions;

a two year program of water quality and flow monitoring of inflows to and outflows from the onsite detention basin shall occur with the following requirements as a minimum:

monitoring of inflow and outflow volumes during storm events

monitoring of total suspended solids, total nitrogen and total phosphorous during storm events

annual report and analysis of the inflow and outflow water quality and flow data to be provided to Council and Water NSW

32


1.1 DESCRIPTION OF SITE AND SURROUNDING AREA

The site is located approximately 500m west of Oakdale township. The site is 22.62 ha in size and extends northwards from Burragorang Road. The site has access to Burragorang Road and Blattman Avenue.

Figure 1 – Aerial view of the subject site. Surrounded Areas The subject site is located within an area characterised by rural land uses comprising low density agricultural grazing lands. Residential development includes low density housing within the township of Oakdale and to the west along Steveys Forest Road, with rural residential dwellings outside of the township. The township of Oakdale is serviced by the larger centres of Picton to the south east and Camden to the east. Regional access is achieved via a connection between Burragorang Road and Remembrance Drive, approximately 18 km to the east. The subject site is located within an area characterised by rural land uses comprising low density agricultural grazing lands, along with higher intensity arable land. Residential development includes low density housing within the township of Oakdale and to the west along Steveys Forest Road, with rural residential dwellings outside of the towns and villages. Land surrounding the site is partially cleared grassland with stands of vegetation.

33


Specifically, the site is bound by the following existing land uses: To the north — Phase 2 of the residential subdivision is located immediately to the north, with a heavily vegetated area beyond. To the east — Oakdale Primary School is immediately adjacent to the site's south east boundary. Council owned land (Lot 1540) is located to the north of the Primary School and abuts the eastern boundary of the subject site. Blattman Avenue separates the Site from a residential estate centred on Moore Road of circa 1980's construction, with the wider township of Oakdale beyond. To the south, Burragorang Road runs along the southern site boundary with a low density residential subdivision to the south east and large lot rural properties directly to the south and to the south west. To the west, a private access road provides access to three residential properties, which are located on sites that have been partially cleared, with bushland extending into the sites from a larger extent of vegetation to the north-west. Rezoning History The site has recently been rezoned, with a planning proposal endorsed by the Department of Planning and Environment (DP&E) on 11 March 2016. The planning proposal resulted in the rezoning of the land to R2 Low Density Residential in the central and southern portion of the lot, with the northern portion of the lot zoned E4 Environmental Living. The amendments to WLEP resulting from the planning proposal comprise: Rezoning to a mix of R2 Low Density Residential zoned land in the central

and southern portion of the site and E4 Environmental Living in the northern portion of the site.

Amend the minimum lot size to a mix of 450m 2 — 700m2 lots in the southern R2 zoned portion of the site and 1 ha lots in the E4 portion.

Include a building height of 9m. Include Natural Resources (Water) and Natural Resources (Biodiversity)

layers across parts of the site.

34


Figure 2 – Subject zoning map – (WSC LEP 2011) Site Analysis The site contains an existing dwelling in the south east corner of the property, with a number of sheds surrounding the dwelling. The site is accessed via an unsealed road that connects to Burragorang Road in the south east corner of the site via a short service road that provides access and a bus stop for the Primary School. Historically, the site has been used for low intensity agricultural uses, primarily grazing of livestock. The site has low grades, with a gradual fall away from Burragorang Road, from south to north and from west to east. The land has been historically cleared for grazing with limited stands of vegetation interspersed throughout the site. More extensive vegetated areas are located in the eastern part of the site associated with a watercourse that originates on the site, as well as in the northern portion of the site associated with Phase 2. The small watercourse in the eastern portion of the site runs in a north easterly direction for approximately 100m through the site prior to running to the north west of the Moore Road subdivision and to the rear (west) of properties along Egans Road. The watercourse is mapped as a Category 1 watercourse. The site is located within Sydney Water Catchment land with consideration of ground and surface water quality required. The site includes areas of bushfire prone land due to the vegetation both within the site and around the site periphery. Additionally, the site was identified as having areas of Aboriginal Heritage significance (conditions recommended) based on assessment undertaken during the planning proposal phase.

35


The site currently contains the ability to connect to services, with a sewer main currently running through the site in an east/west orientation. Augmentation of the services (i.e. water, sewer, electricity and telecommunications) are required to service the residential development. 1.2 DESCRIPTION OF DEVELOPMENT

This proposal seeks approval for the residential subdivision of Lot 1, DP 835288). The proposal includes the subdivision of land to create 124 Torrens Title allotments, including: 121 residential allotments (including 1 lot, encompassing the existing

dwelling on site) 1 residual lot 1 lot for stormwater infrastructure 1 lot for a child care centre (proposed lot 129) Bulk Earthworks Provision of roads, drainage and utility infrastructure Associated landscaping works.

Figure 3 – Site Plan & lot design (source – applicant’s SEE)

Floating Wetlands location

Council land

36


The design of subdivision will ensure a range of future housing products can be provided, however, due to the rural context, it is anticipated that detached dwellings will be preferred. The General Arrangement and proposed lot sizes and orientation of lot sizes range from 450m² to 2,766.1m² with an average size of 675m². The orientation of lots results in the majority of lots having a north-south or east-west orientation, with the exception of a limited number of lots fronting Burragorang Road, due to the alignment of the site boundary. The orientation will allow future housing to gain adequate solar access, providing a high level of amenity for residents. The Phase 1 residential subdivision will be developed in four sub-stages, with each stage of the subdivision registered separately. The sub-staging comprises: Stage 1 — 37 lots (inclusive of existing dwelling lot and childcare lot) Stage 2 — 26 lots (inclusive of the proposed stormwater detention basin) Stage 3 — 28 lots Stage 4 — 31 lots. Phase 2 will subject to a separate development application. The following details have been extracted from the Applicant’s Statement of Environmental Effects and are considered satisfactory. Roads and Access A single road (Road 01) would provide access into the subdivision from Burragorang Road. Road 01 would provide a spine with connecting roads to the east and west. Road 01 would then connect with Road 02, which provides secondary access to the subdivision. The secondary access would connect to Blattman Avenue, with access via Moore Road and Egans Road to Burragorang Road. Lots 101 to 111 would have direct frontage and associated access to Burragorang Road via individual driveways. A network of access streets are proposed to interconnect the lots within the subdivision. The proposed roads are detailed in the Figure 4 below.

37


Figure 4: Proposed Lot configuration and road layout Road 01 – within Stage 1&2 Road 01 provides the main north south connection through the Phase 1 area of the development passing through stages 1 and 2. The road runs north south through the development and joins between Burragorang Road and Road 06 which connects with Blattman Avenue. This road will consist of an 18m road reserve with a 10m carriageway and 4m road verges to allow for a 1.5m concrete path. The road would be constructed with AC surfacing on flexible pavement with kerb and gutters on both sides. Road 02 – within Stage 1, 3 & 4 Road 02 provides a crescent from Road 01 allowing access to lots within Stages 3 and 4. Road 02 travels east west from two branches of Road 01 with a north south portion of the road providing a complete circuit with Road 01. Road 02 will consist of a 15m road reserve with an 8m carriageway and 3.5m verges. This also allows for a 1.5m concrete path within the verge and roll kerb and gutters are used on each side of the road. Road 06 – within Stage 2 Road 06 continues west from Blattman Avenue through stage 2 to connect with Road 01. Road 04 also T-junctions with Road 06. Together with Road 01 this road provides the main connection through the Phase 1 site. A with Road 01, Road 06 will consist of a 18m road reserve with a 10m carriageway and 4m road verge. However, due to the proximity of this road to the proposed detention basin, the northern edge of the road will utilise a flush kerb with a swale with a one way cross fall and typical stormwater drainage within the road verge. The southern edge of the road will have a kerb and gutter consistent with Road 01.

38


Remaining Roads – within Stage 3 Road 03 will connect with the two east west alignments of Road 02. Road 04 will follow a southern alignment from Road 06 and curve west to connect with Road 01. Both Road 03 and Road 04 will consist of a 15m road reserve with an 8m carriageway and 3.5m verges. This also allows for a 1.5m concrete path within the verge and roll kerb and gutters are used on each side of the road. Road 05 will connect south east from Road 04 and will end in a cul-de-sac. This road will consist of a 13m road reserve with a 6m carriageway and 3.5m verges. This also allows for a 1.5m concrete path within the verge and roll kerb and gutters are used on each side of the road. Parking Off-street car parking is to be accommodated on each proposed residential lot and will ultimately comply with Council's DCP requirements, subject to a separate development application for each new dwelling. Works The proposal has incorporated a bulk earthworks strategy that aims to minimise the need for earthworks associated with future residential development. The overall bulk earthworks are estimated to result in an overall fill shortage, requiring a net import of material. The site is identified as relatively flat and batters from the proposed lots to the natural ground surface are expected to be gently sloping. A retaining structure is currently proposed along the first 100m of Road 06 from Blattman Avenue on the southern side. However, it is identified that further detailed survey is to be undertaken during the detailed civil design, construction certificate phase, so may remove the need for this retaining wall. Utilities Sydney Water — A 300mm potable water main traverses the southern boundary of the site along Burragorang Road. The proposed water main would connect with this existing 300mm water main on the western verge of the proposed Road 01 and would continue along Road 01 verge to the required adjoining roads. During the construction certificate process consultation will be undertaken with Sydney Water to obtain the necessary approvals for designs and connection to the existing Sydney Water infrastructure. Sewer — Sydney Water A 150mm sewer main currently passes through the site in an east west direction from Steveys Forest Road to Blattman Avenue. This existing main will be amended to suit the approved number of lots and lot layout in accordance with Sydney Water guidelines. The sewer connections to the proposed lots will continue from the amended existing main along the various road verges to service the required lots.

39


Electrical Endeavour Energy — Electricity will be connected to infrastructure currently existing along Burragorang Road. This utility will be supplied to each lot through the road verge. Gas — Jemena As with electricity, gas allocation exists within the road verge, however, gas is currently unavailable in Oakdale. Telecommunication — will be made available to the proposed lots through the services allocated within road verge. Stormwater Stormwater runoff from the site will be conveyed into a tributary of Horse Creek in the upper reaches of Lake Burragorang. These flows contribute to water supplies of the Sydney Catchment Authority's (SCA's) Warragamba System. Given the sensitivity associated with development within the SCA's drinking water catchments, stringent water quality treatment requirements apply to the proposed development. Under the State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 (the SEPP), proposed developments require a Neutral or Beneficial Effect (NorBE) on existing water quality. A NorBE assessment has been included in the Stormwater Management Strategy. The proposed development incorporates a stormwater drainage design that includes a mixture of pits and pipes and inter-allotment drainage, with all stormwater conveyed to an On-Site Detention (OSD) basin and floating wetland before being discharged into the watercourse in the eastern portion of the site. Consequently, the site will generally be graded to the north east, along the line of the existing contours. The lots fronting Burragorang Road will also be graded towards internal roadways which will then flow into the OSD. A minor portion of the proposed access road from the Blattman Avenue intersection has a separate pit and pipe system, associated with a low point that discharges directly to the creek. This small road catchment could not be regraded to the basin due to the natural site topography. Nevertheless, sufficient OSD storage is provided to prevent any increase in pre-development peak flows. Major overland flow-paths are incorporated into the road design with a one-way cross-fall and swale proposed for Road 06 alongside the OSD basin. A minor portion of the proposed access road from the Blattman Avenue intersection will have a separate pit and pipe system, associated with a low point that discharges directly to the creek. This small road catchment could not be regraded to the basin due to the natural site topography. Sediment and erosion controls and stormwater detention will be provided in the open space area to the north east of the Phase 1 residential development. The location will provide ease of access for maintenance and controlled discharge to the creek.

40


Figure 5: Proposed Floating Wetlands (examples) – SPEL Waterclean

Figures 6: Proposed Floating Wetlands (examples) – SPEL Waterclean

41


Figures 7: Proposed Floating Wetlands (examples) – SPEL Waterclean The following additional comments have been provided in relation to the proposed floating wetlands. The floating media, which can be used in any water environment requiring treatment, provide a lush and fertile base for plants and vegetation to grow. As the roots spread down through the fibrous structure of the media, an extraordinarily vast activated surface area is created for microbes and bacteria to take on their role of bio-remediation - the use of micro-organisms to remove pollutants. The microbes and bacteria, which do not swim, and are UV sensitive, adhere to the roots and microscopic root hairs of the plants, and within the fibrous structure of the media themselves, secreting sticky extracellular proteins and exist in the environs of biofilms. It is within these biofilms which microbes and bacteria trap and digest organic matter and nutrients in stormwater, including total suspended solids, biochemical oxygen demand, (BOD) nitrogen and phosphorus. What makes SPEL Environmental’s floating treatment media a unique scientific innovation, with the potential to create 0 revolution within the water treatment industry, is the massive activated surface area they provide for microbes rand bacteria to survive”. (SPEL) “Cardno had commissioned SPEL to carry out modelling for using a new approach to water treatment from the proposed subdivision. In this case Cardno and Council officers have been in numerous meetings to discuss the appropriate nature of this approach to water treatment. This method has been referred to Water NSW for approval, and were present when a SPEL representative gave a power point presentation. After much deliberation, Water NSW have accepted the use of the floating wetland as a stormwater treatment provided further details and further information is provided to Council and Water NSW including:

42


Revised MUSIC model which demonstrates NorBE with removal rates for

FTW of 65, 50 and 25% for TSS, TP and TN respectively for using generic node or traditional wetland node without changing k and C* values

Revised Water Cycle Management Study and associated stormwater drainage plans

Detailed conceptual design of the Floating Treatment Wetland including sections

Maintenance, monitoring and management requirements during construction and operational stages of the development

**Water NSW has given their approval to the stormwater treatment method and provided conditions; A SPEL Floating Wetland is proposed instead of the bio-retention proposed in the WCMP (2014) to minimise capital costs and maintenance burdens. The floating wetland was modelled using the 'Wetland treatment node in Model for urban stormwater improvement conceptualisation (MUSIC) with modified pollutant remove concentrations to reflect the SPEL floating wetland. A permanent pool of 2000m 3 was modelled with a surface area of 2000m 2 and extended detention depth of 0.5m. The maximum depth of the permanent pool will be designed at approximately 2m to exceed the minimum 1.2m depth required to ensure the roots of the floating vegetation component cannot establish in the base of the wetland.”

Figure 8: Proposed stormwater concept plan

proposed basin

43


1.3 SECTION 79C ASSESSMENT

Integrated Development Considerations Section 91 of the EP&A Act identifies development that would be classified as 'integrated development'. Integrated development is development that requires consent and approval from additional legislation identified in the EP&A Act. Additional NSW Legislation that applies to this development, requiring concurrence from government agencies, includes: Water Management Act 2000 Threatened Species Conservation Act 1995. An assessment against the relevant Acts and other relevant NSW legislation is provided below. Heritage Act 1977. There is no listed heritage item or areas within the project area. National Parks & Wildlife Act 1994 The NP&W Act does not affect the proposed subdivision because the land is not within a Park, Reserve or Area designated under Part 4 of the Act. A Biodiversity Offset Strategy was being carried out by Ecoplanning to ensure the proposed activities are in compliance with Parts 7, 8, and 8A of the NP&W Act. The applicant submitted, Biosis (2016) which prepared an Aboriginal Archaeological and Cultural Heritage Assessment to guide this assessment. The assessment comprised a desktop review and site investigations, which did not identify any Aboriginal heritage material for the proposed development in Phase 1. Should items or artefacts of potential heritage value be uncovered during the subdivision works then an Aboriginal Heritage Impact Permit (AHIP) would be sought in consultation with Aboriginal parties and OEH. Furthermore, if an aboriginal artefact is discovered during construction, work will cease and the National Parks and Wildlife Service will be contacted. This form part of the conditions of approval. Council’s environmental services raised no objection subject to appropriate conditions of approval together with those imposed by the Bio-banking Statement. Protection of the Environment Operations Act 1997 Contaminated soil will not be treated on site and therefore, the activity does not apply.

44


Roads Act 1993 Opening and closing a public road can be achieved by an application from the roads authority for that road or by any public authority under Section 138 of the Roads Act. The proposed subdivision will not result in closure to any road. Minor modifications will be made to Burragorang Road at the point of connection with Road 01. Any works undertaken within the Burragorang Road corridor will be undertaken through obtaining the necessary permits under this Act. Threatened Species Conservation Act 1995 The site inspection undertaken by Ecoplanning identified areas of vegetation within the site characteristic of Shale Sandstone Transition Forest (SSTF), which is listed as a Critically Endangered Ecological Community under Schedule 2 of the TSC Act. As removal of this listed community is necessary, offsetting under the Part 7A of the TSC Act is required.

The Applicant has elected to voluntarily enter into a Biobanking arrangement. The effect of issue of biobanking statement is outlined in Section 127ZO of the TSC Act which states: “(1) If development described in a biobanking statement supplied to a consent

authority is development for which consent is required under Part 4 of the Planning Act, the development is taken, for the purposes of that Part, to be development that is not likely to significantly affect any threatened species, population or ecological community under this Act, or its habitat.

(2) If a consent authority grants consent, under Part 4 of the Planning Act, to

the carrying out of development in respect of which a biobanking statement has been issued and supplied to the consent authority, being a statement that specifies conditions, the consent authority must impose (and is taken to be authorised under that Act to impose) a condition on the grant of that consent that requires those conditions to be complied with.

Note. The carrying out of development in contravention of the conditions

of development consent is an offence under section 126 of the Planning Act.

and (5) Despite section 79C of the Planning Act, if a biobanking statement has

been issued in respect of a development, a consent authority is not required to take into consideration the likely impact of the development on biodiversity values.”

Conditions are recommended to be imposed on the development consent which is consistent with s. 127ZO of the TSC Act and s. 80A of the EP&A Act.

45


Water Management Act 2000 A drainage line is located immediately east of the Phase 1 area and within the eastern extent of the Phase 2 area. A referral is required as part of the integrated development process as tie works are located on waterfront land. Consequently, the proposed works are identified as integrated development. The DPI – Water have provided General Terms of Approval (GTAs). Rural Fire Services (RSF) Section 91 of the EPA Act 1979. –Sec 100B of the Rural Fires Act 1997 The applicant was referred to the RFS. The RFS responded on the 28 September 2016 with appropriate GTA’s to be included in any development approval. STATE ENVIRONMNETAL PLANNING POLICIES State Environmental Planning Policy No. 55 – Remediation of Land The proposed development site has been assessed through a Phase 1 Contamination and Salinity Assessment (Coffey, 2013). In accordance with SEPP 55, this assessment identified, at a preliminary level, the potential for limited contamination to be present on the site. The assessment, concluded that the likelihood for contamination was considered low in most areas with isolated areas of moderate to high likelihood. This investigation is suitable for meeting the purposes of SEPP 55. A Phase 2 site investigation and assessment is currently being undertaken. Council’s Senior Planner for Contamination has recommended that a condition be imposed that requires a Site Audit Statement be provide prior to any issue of a Subdivision Certificate.

State Environmental Planning Policy (Infrastructure) 2007 ISEPP Schedule 3 — Traffic Generating Developments identifies development that requires a referral to the Roads and Maritime Authority (RMS). Subdivision to create "200 or more allotments where the subdivision includes the opening of a public road" requires a referral. Phase 1 of the development would comprise 121 residential lots plus three additional lots, consequently, the DA does not require referral to RMS.

46


1.3.1 PROVISIONS OF RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

Wollondilly Local Environmental Plan 2011 (LEP)

Clause 1.2 - Aims of the Plan

Objective Comment

(a) to provide for the management of natural resources and the protection of the natural landscape character,

Subject to conditions of consent, the proposed development would not be contrary to the landscape or current residential character of the area.

(b) to protect, conserve and enhance the built, landscape and Aboriginal cultural heritage

This is addressed under the Biobanking agreement VPA, and the subdivision layout.

(c) to protect water quality in land that is situated within water supply catchments,

Subject to conditions of consent, water quality and quantity has been addressed via the VPA and assessment by Water NSW.

(d) to encourage development that provides for an integrated transport and infrastructure system and adequate facilities and service provision for future growth,

Each allotment will have access to a suitable road frontage, pedestrian and cycle way infrastructure where appropriate.

(e) to recognise, manage and protect rural resource lands for sustainable agriculture and extractive industry practices,

The development would not impact on such lands. This would have also been considered via the previous planning proposal.

(f) to maintain the separation between towns and villages to retain their unique character and rural and natural settings.

The development will be located approximately 500 metres west from Oakdale Town Centre and will not result in loss of the rural character or natural setting of the locality.

Characterisation: Earthworks and Residential lot Subdivision Zone of land: R2 Low Density Residential Permissibility: With consent Zone objectives: refer below:

R2 objectives & relevant clauses

Comment

To provide for the housing needs of the community within a low density residential environment.

The development is considered satisfactory in this regard.

To enable other land uses that provide facilities or services to meet the day to day needs of residents.


47



Comment

2.6 Subdivision—consent requirements

Consent sought

Clause 4.1 Minimum subdivision lot size

The Minimum Lot Size indicated on the Minimum Lot Size Map within the WLEP 2011 is in part 450m² &700m2. The lots proposed of the development application are compliant and will include by way of conditions, building envelopes’ as required by the DCP.

5.9 Preservation of trees or vegetation

Tree removal is proposed as outlined on the subdivision plans. Removal of these trees is considered in the Biobanking Statement that has been prepared and with the OEH for finalisation for the overall study area. Council’s Environmental Services have provide conditions of approval. The Biobanking Statement was submitted to OEH in August2016 and is currently being assessed. A condition of approval will require its execution and compliance.

5.10 Heritage conservation

NIL issues arise

5.11 Bush fire hazard reduction

The New South Wales Rural Fire Service has issued General Terms of Approval (dated 28 September 2016) in regards to the development. The consent is to be conditioned to comply with the requirements imposed by the RFS.

6.1 Arrangements for designated State public infrastructure

Not applicable

7.1 Essential services Essential services are available and conditions are recommended for the persons having the benefit of the consent to provide documentary evidence prior to the issue of any Subdivision Certificate that services have been provided in accordance with the authority’s requirements.

7.2 Biodiversity protection

The subject site is identified as “sensitive land” on the Biodiversity Map. The development is supported by a Biobanking Statement issued by the OEH. Having considered the Statement, Council is satisfied that sub-clauses (3) and (4) are satisfied and Council has considered any adverse impact of the proposed development on the following: (a) native ecological communities,

48



Comment

(b) the habitat of any threatened species, populations or ecological community,

(c) regionally significant species of fauna and flora or habitat,

(d) habitat elements providing connectivity, (e) water quality within drinking water catchments.

A detailed EPBC Act Preliminary report has been prepared by ecoplanning that satisfies this requirement.

Furthermore, Section 127ZO(5) of the TSC Act states that “if a biobanking statement has been issued in respect of a development, a consent authority is not required to take into consideration the likely impact of the development on biodiversity values.”

7.3 Water protection The subdivision development is designed and will be managed by conditions to avoid any significant adverse environmental impact.

7.4 Flood planning Not applicable. 7.5 Earthworks Conditions are recommended to ensure that all cut

and filling works associated with this development be undertaken without any adverse impact on the adjoining land.

R2 objectives Comment

To provide for the housing needs of the community within a low density residential environment.


To enable other land uses that provide facilities or services to meet the day to day needs of residents.


49


1.3.2 PROVISIONS OF RELEVANT DEVELOPMENT CONTROL PLANS

Volume 1 – General Controls DCP 2016- relevant provision discussed

Relevant Provisions Comment 1.2 objectives of Plan Noted - complies Part 2 – General considerations for all development

Controls are noted – complies.

Part 4 – Community engagement

The application was notified and advertised for 28 days. Five (5) submissions received.

Part 7 – Aboriginal Heritage

Standard conditions of consent in regard to notifying the National Parks and Wildlife Service will apply should any artefacts and the like being found during site works. Conditions are recommended in this regard, as are conditions regarding compliance with any of The NSW Office of Environment and Heritage requirements.

Part 8 - Flooding Although the site is not tagged as flood prone land, stormwater treatment would be achieved through a combination of rainwater tanks, gross pollutant traps, onsite detention and floating wetlands located to the east of the site. Subject to the implementation of interim measures no additional adverse effects on adjoining properties are anticipated.

Part 9 – Environmental protection

Detailed Ecology investigations have been carried out by Eco planning. Satisfactory Biobanking agreement will be finalised and form part of the conditional approval.

10 – Tree removal Ecoplanning undertook a site inspection and assessment of the site with the purpose of completing a Flora and Fauna Assessment for the proposed development. Satisfactory

11 - Landscaping Tree removal is proposed as outlined on the subdivision plans. The proposal is supported by a Biobanking Statement, yet to be finalised. A VPA has been completed between Council and the applicant. The statement seeks to address the loss of biodiversity values, including threatened species on the subject site. The Biobanking Statement was voluntarily adopted by the applicant as an alternative to the threatened species “assessment of significance” process under Part 5A of the EP&A Act. The statement specifies the number and class of credits to be retired for the proposed development. Conditions will apply. Council’s Environmental Services have raised no objections subject to conditions.

50


Relevant Provisions Comment 2.5 Biodiversity The development is supported by a Biobanking

Statement to be finalized by OEH. In this regard, Council is satisfied that sub-clauses (3) and (4) are satisfied and Council has considered any adverse impact of the proposed development on the following:

(a) native ecological communities, (b) the habitat of any threatened species,

populations or ecological community, (c) regionally significant species of fauna and

flora or habitat, (d) habitat elements providing connectivity, (e) water quality within drinking water

catchments. Furthermore, Section 127ZO(5) of the TSC Act states that “if a biobanking statement has been issued in respect of a development, a consent authority is not required to take into consideration the likely impact of the development on biodiversity values.”

2.5 Water It is considered that the subdivision development is designed, sited and will be managed to avoid any adverse environmental impact.

2.7 Flood affected land Not applicable 2.8 Bushfire prone land

General Terms of Approval from the New South Wales Rural Fire Service have been received. Conditions are recommended in this regard and will apply.

2.9 Contaminated land and Land filling

A Phase 2 report has been carried out. Council’s Contamination Officer has recommended an appropriate condition requiring a Category A Site Audit Statement be prepared prior to the issue of any Subdivision Certificate.

2.10 Land slip and subsidence

The subject site is not identified and being within an identified Mine

2.11 Development in Sydney’s Drinking Water Catchments

The site is t within the catchment and conditions will apply.

2.12 Site waste minimisation and management

2.12 Site waste minimisation and management will be conditioned

2.13 Salinity A Preliminary Salinity Report prepared by Martens and Associates was lodged, dated April 2014 in support of the application. The report recommends standard measures for the proposed subdivision and subsequent development. Conditions are imposed.

2.14 Water Management

Conditions are recommended to ensure that post development flows are adequate.

51


Relevant Provisions Comment 2.15 Transport and Movement

A hierarchy and networks of roads are acknowledged by the applicant. Council Engineers have provided conditions to this effect.

2.16 Landscape and Scenic Quality

Environmental services have imposed conditions to address provisions for landscaping

Volume 3 –Subdivision of Land - DCP 2016

Relevant Provisions Comments Part 2 - General Requirements for all Development - objectives

Noted - complies

2.1 Traffic & Transport The access to the proposed road for the subdivision must suit the numbers of vehicles accessing the sites. Roads must include shoulder, kerb and gutter for all frontages; street lights must also be included and shared foot paths. Corner splays of are required for corner lots in the proposed development. This will form part of conditions of approval.

2.2 Waste Water Connection to sewer for each site will be required. A condition is recommended that the future lots be connected to a reticulated sewerage system.

2.3 Stormwater Stormwater is to be managed through the provision of stormwater and drainage infrastructure to service the site. Where water cannot be drained to the street, easements are proposed. Refer to Engineering conditions.

2.4 Lot size and shape The proposed lots comply with the minimum lot depths and widths including the proposed corner lots.

2.5 Landscape and Character The subdivision layout has been designed to maintain the existing rural landscape character of the area.

2.6 Delivery of Housing Variety in Residential Zones

The proposed subdivision will ensure a range of future housing product being generally detached housing on lots in accordance with the minimum density requirements of this control.

52


Relevant Provisions Comments 2.7 Corner Allotments The proposed development has

been assessed by Council’s development engineers and appropriate access conditions are recommended to ensure appropriate driveway locations on minor roads.

2.9 Environmental protection Tree removal is proposed as outlined on the subdivision plans and by the RFS for an APZ. The proposal is supported by a Biobanking Statement. The Biobanking Statement seeks to address the loss of biodiversity values, including threatened species on the subject site. The Biobanking Statement was voluntarily adopted by the applicant as an alternative to the threatened species “assessment of significance” process under Part 5A of the EP&A Act. The statement specifies the number and class of credits to be retired for the proposed development.

1.3.4 DRAFT PLANNING AGREEMENTS

The Letter of Offer commits the applicant to enter into a Planning Agreement with Council as condition of development consent to provide the following key benefits: (1) Construction of a bio-retention system (consisting of floating wetlands)

and an OSD facility in accordance with Plans approved by Council; (2) Dedication of the above works to Council; (3) Dedication of an allotment of land to Council including the

OSD/bioretention works to Council. The land that is surplus to these requirements is to be dedicated for uses as a passive recreation and riparian/bushland area;

(4) Provision to Council of maintenance contributions, in the following amounts and as calculated in accordance with Councils Dedication of Land Policy; a. $603,541 for the maintenance of the floating wetlands and /OSD

system; b. $92,521 for the maintenance and minor embellishment of the

bushland/passive recreational area ; (5) Dedication also to Council of the road corridors and drainage networks

a. The Letter also includes a commitment for the resulting planning agreement to be prepared so that is consistent with Council’s Planning Agreements Policy

53


The Letter of Offer proposes to create an allotment of 1.43 hectares (lot 227) for dedication to Council. The land proposed for dedication is shown in Figure 9.

Figure 9: proposed transfer of lot 227 to Council at completion of stage 2

The land dedication Council is proposed for the following purposes: Construction and Dedication of Stormwater management Infrastructure:

Water quality is proposed to be managed through a floating wetlands system. This system has not previously been used to manage water quality in Wollondilly. However, it has been agreed to by Council’s engineers and it and it has also been approved by NSW Office of Water. The floating wetland system will be constructed on this land and dedicated to Council. The applicant also proposes to contribute an amount of $603,541 to Council which will be used to fund the maintenance of the system for 30 years, which is the estimated life of the system.

Dedication of passive recreation and bushland/riparian land.

Councils Recreation Officer and Environmental Assessment Officer have both supported the dedication of the land for passive recreational purposes. The land also has some environmental values, and its dedication would safeguard a stand of Shale Sandstone Transition Forest by bringing it into Council ownership. Recreationally the site could form a link via a Crown Road to a nearby Council reserve, and the applicant has also agreed to fund some the low level embellishment works on the site,

54


such as an informal pathway and seating. The use of this area as a passive recreation area would also help to offset the deficiency in open space that has been identified in this locality and as a result it would clearly provide a public benefit. The applicant has not requested a Section 94 offset for the dedication of this land. He has also agreed to pay a cost of $57,521 to cover maintenance of this area as well as an additional $35,000 for the embellishment mentioned above.

The letter of offer for the VPA was developed through a process involving: Internal staff consultation in relation to the suitability of the FTW system

and the amount of maintenance money to be paid; Internal staff consultation regarding the acceptance of land for recreation

and environmental purposes Review of land dedications by Councils Land and Property Panel and

making amendments or carrying out further consultations where necessary;

Ensuring that the Letter addresses Councils Planning Agreements Policy and the Dedication of land Policy

Legal review of letter of offer and requiring amendments based on comments of the legal advisors;

Endorsement by Council’s Executive of the inclusion of the final letter of offer in any consent issued for the DA;

The benefits being offered under the Agreement will not be offset against the Section 94 contributions payable for the development. As a result, Council will still receive approximately $1,512,000 in Sec 94 contributions The Letter has been reviewed by Council’s legal advisors and amendments have been made to it based on the legal advisors comments. The letter has also confirmed that the resulting Planning Agreement would be prepared in a way that is consistent with Council’s Planning Agreements Policy and the Dedication of land Policy. There are no adverse financial implications associated with this Letter of Offer. Council will still be paid the Sec 94 Contributions payable for this e development and which are estimated at approximately $1,512,000. There is a potential risk that as this water quality treatment option has not been used in Wollondilly before that the maintenance costs cannot be predicted with as much confidence as with the more customary approaches to water quality management. Nevertheless, the water quality management system has been agreed to by Council engineers, and the $603,000 to be provided as a maintenance contribution will certainly provide for a significant amount of maintenance to be undertaken. Furthermore, the opportunity to obtain some recreational land in this area at no cost is also a good one and will mean that Council will not have to spend its own money in acquiring recreational land in this location. In accordance with Councils Planning Agreements Policy, all letters of offer are to be submitted to Council’s Executive.

55


1.4 IMPACT OF THE DEVELOPMENT

It considered that the overall proposal meets with Council‘s underlying objectives for subdivision of land and will accommodated additional land for future housing, without any significant environmental impact. 1.5 SUITABILITY OF THE SITE

The site is suited for subdivision in terms of Council development standards and controls. 1.6 SUBMISSIONS

During the notification period, five (5) submission were received. They are discussed below.

Concern Comment Oakdale does not have the infrastructure or resources to cater for this development & increased traffic.

Consideration was given to the increased density and traffic when the site was rezoned and considered acceptable. The proposal now before Council meets with the intent and objectives of the LEP zoning.

The proposed 450m² lot size does not relate to lifestyle blocks of 1,000m².

The intended lot sizes range from a minimum of 450m² to 750m², which is consistent with the previous rezoning controls.

There are two roads in and out of Oakdale, I’m concerned of the impact during bushfire.

The RFS and Council have given consideration of these issues and no objections are raised, subject to GTAs/conditions.

There are too many blocks and some are unnecessarily small. The development is not sympathetic to its surroundings.

The lot numbers and lot sizes are considered reasonable and will positively contribute to the housing needs of the broader community. The biobanking agreement and VPA covers the environmental protection of the site and surrounding bushland.

The increase in population will place stress on existing infrastructure including Oakdale Public School.

Although it is acknowledged that the increase in density may potentially place a strain on schools, this issue will be a matter for the NSW Education Department when the subject site is developed overtime.

Oakdale does not have the infrastructure or resources to cater for this development & increased traffic.

Consideration was given to the increased density and traffic when the site was rezoned and considered acceptable. The proposal now before Council meets with the intent and objectives of the LEP zoning.

56


1.7 THE PUBLIC INTEREST

In considering the public submissions, it is the view of Council that the development proposal for subdivision and the implementation of the wetlands approach to stormwater treatment, is acceptable and not in conflict with the public interest. FINANCIAL IMPLICATIONS

The developer contributions payable are through an agreed VPA, Biobanking statement and Section 94 contributions. ATTACHMENTS IN SEPARATE BOOKLET

Nil

RECOMMENDATION

That Development Application 010.2016.00000412.001 for the subdivision of land and associated works at 1550 Burragorang Road, OAKDALE be approved subject to the following conditions: 1. COMPLIANCE

These conditions are imposed to ensure that the development is carried out in accordance with statutory requirements, the conditions of consent and the approved plans to Council's satisfaction. (1). Development Consent is granted for a one hundred and twenty Two (122)

Lot Subdivision and Associated works at Lot 1 in DP 835288, 1550 Burragorang Road, OAKDALE.

(2). Prior to the issue of a Subdivision Certificate all physical works the subject

of Development Application 010.2016.00000412.001 shall be completed in full.

(3). Development shall take place in accordance with the following endorsed

plans prepared by Cardno submitted in respect of Development Application No. 010.2016.00000412.001 except where varied by the following conditions:

(4). Development shall take place in accordance with the recommendations

of the following reports except where amended by conditions of consent:

Letter offer to Council dated 30 January 2018, your reference: 8201608501-01 Letter 002 Ver 8, except where varied by the following conditions.

Statement of Environmental Effects, attached Environmental Impact Assessments, and Appendices prepared by Cardno in relation to the 122 lot subdivision.

Bio-Banking Statement ID 0076/2016/3624D.

57


(5) The applicant is informed that this approval shall be regarded as being

otherwise in accordance with the information and particulars set out and described in the Development Application registered in Council’s records as Development Application No. 010.2016.00000412.001 except where varied by the following conditions of consent.

(6) Where any work associated with this consent has the potential to disturb

neighbours through the generation of noise, dust, odour, vibration or through deliveries to the site the person with control over the works shall advise the occupants of all adjoining and potentially affected properties of the timing and duration of such works. The land owner has the ultimate responsibility for ensuring that anybody undertaking works under this development consent on their behalf is aware of this requirement and completes the task required by this condition.

(7) Each residential allotment must be connected to the reticulated sewerage

scheme and documentary evidence shall be provided to Council with the Subdivision Certificate application.

No allotment created by the terms and/or conditions of this development consent shall dispose of any effluent by an onsite sewage management system and/or a pump out system.

(8) Unless permitted by another condition of this consent, there shall be no

tree clearing unless the vegetation is: (a) Within the footprint of an approved building, access driveway or

other structure; or (b) Within three (3) metres of the footprint of an approved building; or (c) Preventing the achievement of the minimum asset protection zone

requirements under the relevant planning for bushfire protection guidelines.

(9) The development shall be undertaken in accordance with the provisions

of Council’s Tree Preservation Order. Under the Order a person shall not, except with the consent of Council, ringbark, cut down, top, lop or wilfully destroy any tree which:

(a) Is greater than 3m in height; (b) Has a girth greater than 45cm at a height of 1m from the ground; (c) Has a branch spread greater than 3m. Any further clearing must be approved either through Council. All trees must be planted with root guards and these are to be visually inspected by council officers prior to the signoff of the linen release.

58


(10) All trees greater than 3 metres in height or with a branch spread greater

than 3 metres are to be clearly marked on the Engineering Plans. The road layout and lot boundaries shall be adjusted as necessary to maximise the retention of healthy significant trees (i.e. lot boundaries shall be adjusted so that the erection of dwellings won't inevitably result in tree removal). No trees are to be removed without Council approval outside the work area.

(11) Prior to the commencement of any work all mature trees shall be

inspected by a qualified arborist/bush regenerator. Those trees that are considered are to be clearly marked and are to be inspected by a Council Officer prior to work commencing.


eradication and management plan shall be carried out prior to the release of the consent the timing of when primary weed treatment measures are required, Subdivision Certificate.

(13) All weeds environmental or noxious shall be removed from the area

nominated significant vegetation and evidence of this weed reduction program be made available upon inspection or request.

(14) Prior to the issue of any Subdivision Certificate for the development

Council shall be provided with a Category “A” Site Audit Statement under the Contaminated Land Management Act, 2008 which confirms that the site is suitable for “Residential with accessible soil, including garden (minimal home grown produce contributing less than 10% fruit and vegetable intake), excluding poultry”.

2. VOLUNTARY PLANNING AGREEMENT

This condition has nee imposed to ensure that prior to the issue of any construction certificate, the persons having the benefit of this consent undertake the necessary legal requirements for the creation of a planning agreement for the dedication of land and works and the payment of a monetary contribution for maintenance purposes associated with the development of Lot 74.

(1) Prior to the issue of any Construction Certificate, the person(s) having the

benefit of this consent shall provide a draft planning agreement pursuant to Section 7.4 of the Environmental Planning and Assessment Act 1979, reflecting the applicant’s letter of offer dated 30 January 2018.

The draft planning agreement will be provided to Council in a form suitable for public exhibition (together with any applicable exhibition fees) subject to Council obtaining its own legal advice on the content of the Voluntary Planning Agreement.

The applicant and Council will use their best endeavours to ensure that the planning agreement is executed within ninety (90) days of the date of this consent.

59


The planning agreement shall make provision for any works or the like made under the planning agreement to be to the satisfaction of Council prior to the issue of a Subdivision Certificate, as provided for in letter dated 30 January 2018 from Cardno.

3. CONTRIBUTIONS

(1) Payment of a Contribution for 121 (121) additional lots in accordance with the Wollondilly Section 94 Contribution Plan 2011, the cost of which will be determined and payable at the time of the release of the “Subdivision Certificate”.

The current amount payable is: (i) Open Space, Sport & Recreation (Shire) $33,759.00 (ii) Open Space, Sport & Recreation (Precinct) $641,421.00 (iii) Library & Community Shire $159,357.00 (IV) Library & Community Facilities (Precinct) $17,424.00 (v) Transport & Traffic (Roads & Intersections) $571,846.00 (VI) Transport & Traffic (Cycleways) $23,595.00 Bushfire Protection Shire $3993.00 Plan Administration $72,600.00 Linen Release Fee: $11,073.00 TOTAL – $1,535,068.00

These figures are reviewed quarterly in accordance with the provisions of the Contributions Plan and an updated figure must be obtained from Council at the time of payment.

4. BIOBANKING STATEMENT

These conditions have been imposed to ensure that the development is carried out in accordance with the conditions of a current Biobanking Statement issued under Part 7A of the Threatened Species Conservation Act 1995:

(1) The development must comply with all the conditions relating to the

retirement of all required biodiversity credits (ecosystem and species credits) specified in the Biobanking Statement (executed Biobanking Statement ID: 0076/2016/3624D) prior to the release of a Construction Certificate by Council or a nominated Accredited Certifier.

(2) The development must comply with all the conditions relating to the

retirement of all required 306 biodiversity credits (ecosystem and species credits) specified in the Biobanking Statement (Biobanking Statement ID:XX) prior to the release of a Construction Certificate by Council or a nominated Accredited Certifier.

60


(3) The development cannot commence until the credits required in the

statement have been purchased and retired by the proponent. Written proof is to be provided to Council or the Principal Certifier prior to any works or the release of the subdivision certificate.

5. PRESCRIBED CONDITIONS

These conditions are imposed as they are mandatory under the Act.

(1) Compliance with NCC and insurance requirements under the Home

Building act 1989. (a) For the purposes of section 80A (11) of the Act, the following

conditions are prescribed in relation to a development consent for development that involves any building work: (i) that the work must be carried out in accordance with the

requirements of the Building Code of Australia, (ii) in the case of residential building work for which the Home

Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

(b) For the purposes of section 80A (11) of the Act, it is prescribed as a condition of a development consent for a temporary structure that is used as an entertainment venue, which the temporary structure must comply with Part B1 and NSW Part H102 of Volume One of the Building Code of Australia .

(c) This clause does not apply: (i) to the extent to which an exemption is in force under clause

187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

(ii) to the erection of a temporary building, other than a temporary structure to which subclause (b) applies.

(d) In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application is made for the relevant: (i) development consent, in the case of a temporary structure

that is an entertainment venue, or (ii) Construction Certificate, in every other case.

(2) Prior to the issue of the Subdivision or Construction Certificate in

connection with a development, the developer (whether or not a constitutional corporation) is to provide evidence satisfactory to the Certifying Authority that arrangements have been made for: (i) the installation of fibre-ready facilities to all individual lots and/or

premises in a real estate development project so as to enable fibre to be readily connected to any premises that is being or may be constructed on those lots. Demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre ready facilities are fit for purpose. and

61


(ii) the provision of fixed-line telecommunications infrastructure in the

fibre-ready facilities to all individual lots and/or premises in a real estate development project demonstrated through an agreement with a carrier. (Note real estate development project has the meanings given in section 372Q of the Telecommunications Act).

Note: There are no relevant provisions in the Building Code of Australia in respect of temporary structures that are not entertainment venues.

6. INTEGRATED DEVELOPMENT

These conditions have been imposed to ensure that the development is carried out in accordance with the requirements of other Approval Authorities:

The following General Terms of Approval issued by the NSW Rural Fire Service, (correspondence dated 28 September 2016. Reference: D16081503321 DD is included as conditions of this Consent:

Asset Protection Zone The intent of measures is to provide sufficient space for fire fighters and other emergency services personnel, ensuring radiant heat levels permit operations under critical conditions of radiant heat, smoke and embers, while supporting or evacuating occupants. To achieve this, the following conditions shall apply:

(1) At the issue of subdivision certificate and in perpetuity the entire area of

Phase 1 shall be managed 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'.

(2) A 50 metre asset protection zone (APZ) is to be provided from the southern boundary of proposed Phase 2 including the area of land for Road 06 and the proposed drainage basin of the development. In accordance with section 88B of the 'Conveyancing Act 1919' a restriction to the land use shall be placed on these lots requiring the provision of this APZ which shall be maintained 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'. This restriction can be extinguished upon commencement of any future proposed residential development on the adjacent lot, but only if the hazard is removed as part of the proposal.

62


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: (3) Water, electricity and gas are to comply with the following requirements

of section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

Access The intent of measures for public roads is to provide safe operational access to structures and water supply for emergency services, while residents are seeking to evacuate from an area. To achieve this, the following conditions shall apply:

(4) Public road access shall comply with section 4.1.3 (1) of 'Planning for

Bush Fire Protection 2006'.

(5) All roads should be through roads. Where road construction is staged with dead end roads a suitable turning head will be installed for the duration of the stage.

General Advice

(6) This approval is for the subdivision of the land only. Any further

development application for class 1,2 & 3 buildings as identified by the 'Building Code of Australia' must be subject to separate application under section 79BA of the EPP & Act and address the requirements of 'Planning for Bush Fire Protection 2006’.

(7). The General Terms of Approval issued by the Department of

Primary Industries, (correspondence dated 7 October 2016. Reference: 10 ERM2011/1261) are attached as conditions to this Consent:

7. SUBDIVISION

These conditions have been imposed to ensure;

(a) To outline the minimum development standards and provide design

guidelines for the subdivision of land in the Shire. (b) To outline Council’s requirements on work standards for the

construction of land subdivision:

63


(1) Building envelopes shall be nominated and indicated on the Linen Plan

for each corner lot. The building envelope is to be the area to accommodate construction of a dwelling and any ancillary buildings. A Section 88B Instrument creating appropriate Restrictions as to User on the lots shall be submitted with the linen plan. The Section 88B Instrument shall contain a provision that it may not be extinguished or altered except with the Consent of Wollondilly Shire Council. Details of the Restriction as to User shall be indicated on the Subdivision Certificate and on the Certificate of Title for the land.

(2) Prior to the issue of a Subdivision Certificate for the subdivision an

application to name all roads within the development (public and private) shall be submitted to Council in accordance with Section 5.3 of the NSW Address Policy.

(3) All services to each lot and within the site are to be provided underground.

Details are to be submitted to Council with the Subdivision Certificate application prepared by an appropriate practising consultant as to compliance with this condition.

8. NOISE AND VIBRATION IMPACT

These conditions have been imposed to mitigate potential adverse social and amenity impacts of the development from adjoining infrastructure.

(1) The development shall comply with the relevant noise sensitive use

requirements of Development near Rail Corridors and Busy Roads - Interim Guideline 2008. In particular, Section 6 Excavation, earthworks and other construction related issues is to be met by the person or entity acting on this consent with confirmation being submitted to Principal Certifying Authority prior to the issue of any Construction Certificate. This shall include a geotechnical assessment or structural assessment for the earthworks, particularly for the works in close proximity to the rail corridor.

(2) Due to the close proximity of the Railway Corridor future building/s are to

be acoustically treated in order to achieve acceptable interior noise levels as recommended by AS/NZS 2107 Acoustics - recommended design sound levels and reverberation times for building interiors and as required by Clause 87 of the Infrastructure SEPP. A report shall be provided to Council or the nominated Accredited Certifier by a suitably qualified acoustic consultant confirming that the recommended standards can be achieved.

9. ENGINEERING & CONSTRUCTION SPECIFICATIONS

These conditions have been imposed to ensure that developments within the Shire are of a standard which is both safe and acceptable to Council and members of the public:-

64


All Stages

(1) All works are to be designed and carried out in accordance with

Wollondilly Shire Council’s adopted Design and Construction Specification.

(2) Prior to the commencement of any works, a Construction Certificate for

civil works associated with all stages of the development shall be issued by Council or nominated Accredited Certifier for the development.

(3) Engineering Design plans and stormwater drainage calculations, for civil

works associated with all stages of this development including roads, drainage, driveways, pathways, cut and fill, stormwater control and treatment measures and public facilities, shall be submitted to Council or a nominated Accredited Certifier for approval prior to the issue of a Construction Certificate. All levels are to be reduced to Australian Height Datum.

(4) Prior to issue of Construction Certificate, Engineering design plans for infrastructure to be vested in Council for all stages, including roads, road drainage, footpaths, public facilities and stormwater control and treatment infrastructure shall be submitted to Council, as the roads authority and asset owner, for approval.

(5) Here Council’s Construction Specification require that density tests,

beam tests or CBR tests be undertaken, the results shall be forwarded to the Principal Certifying Authority within 7 days. A NATA registered laboratory shall carry out the tests. When testing for density, the Standard Compaction testing method is to be used.

Failure to submit test results may result in Council refusing to issue completion certificates and hence may result in additional works being required.

(6) A defects liability period of twelve (12) months will apply from the date of

issue of the Certificate of Practical Completion by Council and for Public Roads the twelve (12) months is dated from the date of registration of the road as Public Road. A 10% maintenance bond is to be lodged prior to issue of Subdivision Certificate in accordance with Council’s Construction Specification for all work that is to become the property of Council.

(7) A certified “Works as Executed” plan from a Chartered Professional

Engineer or Registered Surveyor is to be submitted electronically in a XML format in accordance with the ADAC requirement as setout in the Wollondilly Shire Council Design and Construction Specifications, including CCTV recording for all road stormwater lines to Council before the final inspection for the Certificate of Practical Completion. The “Works as Executed” details shall be shown on the approved plans and must certify that the works have been constructed in accordance with the approved drawings and to the levels specified.

65


(8) All reasonable efforts shall be taken to protect the public footway and road

pavement from damage during the course of construction. Restoration of any damaged road or footway shall be at the applicant’s expense. Any costs incurred by Council as a result of repairing damages caused directly or indirectly by the development will be deducted from the security deposit.

(9) A “Soil and Water Management Plan” (SWMP) that outlines the measures

that will be taken to limit and contain sediment laden runoff during construction shall be submitted to Council or a nominated Accredited Certifier. The measures shall be in accordance with Council’s Construction Specification and the Department of Housing’s “Blue Book”. The plan is to be approved by Council or a nominated Accredited Certifier with the Engineering Plans.

(10) A “Traffic Management Plan” that details proposed construction traffic

movements and suitable safety measures that will be implemented whenever work is being undertaken in the public road reserve shall be submitted to Council or a nominated Accredited Certifier. The safety precautions are to be in accordance with the requirements of the “Traffic Control at Work Sites” manual (as published by the RMS). The plan is to be prepared and endorsed by a person with current NSW Roads and Maritime Services (RMS) certification and be provided to Council or a nominated Accredited Certifier prior to issue of the Construction Certificate for development.

(11) Prior to issue of Subdivision Certificate a Certificate of Practical

Completion shall be obtained from Council in relation to the construction of all works within the public road reserve and construction of all works to be vested in Council.

(12) Prior to issue of Construction Certificate, a Controlled Activity Approval

(CAA) for works within 40 metres of the watercourse and including works within the watercourse shall be issued by the Department of Primary Industries (Office of Water).

10. PUBLIC ROADS

These conditions have been imposed to ensure all public road works required by the development are provided to an adequate standard.

All Stages

(1) The person or Company having the benefit of this consent shall, at no

cost to Council, construct and dedicate to Council suitable roads to ensure all lots have access to an appropriate public road.

66


(2) Prior to issue of the Subdivision Certificate by the Principal Certifying

Authority, a Plan of Survey shall be prepared that is suitable for registration with the NSW Land and Property Information, of the land proposed to be dedicated and shall bear the Council approved road name and a statement of intention to dedicate the specified land as public road.

(3) Prior to issue of the Construction Certificate, Engineering Design plans

for all new road and road rehabilitation works shall be approved by Council as the Roads Authority.

(4) New roads shall be constructed to the following road categories as

outlined in Wollondilly Shire Council’s Design Specification:

Road 01 – Category D2 Local Street, 10.0 metre carriageway with roll profile kerb and gutter. Road 02 – Category D1 Minor Local Street, 8.0 metre carriageway with roll profile kerb and gutter. Road 03 – Category D1 Minor Local Street, 8.0 metre carriageway with roll profile kerb and gutter. Road 04 – Category D1 Minor Local Street, 8.0 metre carriageway with roll profile kerb and gutter. Road 05 – Category B Minor Cul-de-sac, 6.0 metre carriageway with roll profile kerb and gutter. Road 06 - Category D2 Local Street, 10.0 metre carriageway with roll profile kerb and gutter along the southern side and concrete edge strip and table drain drainage on the northern side.

(5) The person or company having the benefit of this consent shall, at no cost

to Council, upgrade Burragorang Road, along the full development lot frontage, to Councils Road Category D3 Local Street, 11.0 metre wide carriageway with barrier profile kerb and gutter.

The upgrade works shall make provision for full depth pavement widening, verge regrading, kerb and gutter, piped road drainage and minimum 40mm Asphaltic Concrete wearing course from the lip of gutter to the road centreline. Pavement marking shall be reinstated where removed by the works.

(6) Provision for vehicular access to the existing dwelling on lot 137 through

the construction of a concrete footway crossing in accordance with Council’s Design Specification. Details to be provided on the Engineering Design plans.

67


(7) Provision of concrete pathway a minimum 1.5 metre wide, in accordance

with Council’s Design and Construction Specification along all new public roads. The surface and grades of all pathways shall comply with the relevant sections of AS1428 Access and Mobility and be constructed to residential driveway standard.

(8) If at the time of the application for subdivision Certificate for any stage

there is no public road link constructed in the adjoining stages, a temporary vehicle turning area shall be constructed suitably sized to allow a 9.4 metre Waste Recovery Vehicle to make a 180° turn, within the turning area, through a maximum three point manoeuvre. Temporary vehicle turning areas shall be constructed of full depth pavement with a minimum 50mm Asphaltic Concrete wearing course.

(9) Street Lighting shall be provided using LED LIGHTING within the

subdivision along all new roads and the Montpelier Drive frontage to comply with the current Australian Standard and certified by an Endeavour Energy approved design consultant.

(10) In accordance with Section 138 of the Roads Act a 138 Consent

Certificate must be obtained from Council’s Infrastructure Planning Section a minimum 7 days prior to commencement of work. A fee is payable for issue of this Consent Certificate.

Stage 1 only (11) The person or company having the benefit of this consent shall, at no cost

to Council, upgrade Burragorang Road, along the full development lot frontage, to Councils Road Category D3 Local Street, 11.0 metre wide carriageway with barrier profile kerb and gutter.

The upgrade works shall make provision for full depth pavement widening, verge regrading, kerb and gutter, piped road drainage and minimum 40mm Asphaltic Concrete wearing course from the lip of gutter to the road centreline. Pavement marking shall be reinstated where removed by the works.


to Council, upgrade the road pavement wearing course at the intersection of Burragorang Road and proposed Road 01 with a minimum 50mm Asphaltic Concrete.

The upgrade works shall extent for a minimum 20 metre both sides of the intersection for the fill width of Burragorang Road. Pavement marking shall be reinstated where removed by the works.


to Council, reconstruct the existing concrete pathway, where required, along Burragorang Road to ensure the pathway grades and alignment are suitable for the Burragorang Road pavement and verge upgrade works.

68


Stage 2 only


to Council, upgrade Blattman Avenue, at the intersection with proposed Road 06, to Councils Road Category D3 Local Street, 11.0 metre wide carriageway with barrier profile kerb and gutter.

The upgrade works shall make provision for full depth pavement widening, kerb and gutter returns and minimum 50mm Asphaltic Concrete wearing course from the lip of gutter to the road centreline. Pavement marking shall be reinstated where removed by the works.

(15) Provision for vehicle access to the On-site Detention and floating wetland

facility through the construction of a commercial duty concrete footway crossing in accordance with Council’s Design Specification. Details to be provided on the Engineering Design plans.

11. ACCESS These conditions have been imposed to:

(a) Ensure that adequate provision is made for off street parking,

appropriate to the volume and turnover of traffic generated by the development.

(b) Ensure that adequate manoeuvring space is provided for parking

areas, loading bays and entry to facilities.

Stage 1 only (1) Provision of vehicular access to the existing dwelling on proposed lot 137

shall be provided through the construction of a coloured concrete driveway a minimum 3.0 metres wide, including appropriate drainage. Details of the driveway and associated drainage shall be provided on the Engineering Plans for approval.

Stage 2 only

(2) Provision of vehicular access to the On-site Detention and Floating

Wetland facility shall be provided through the construction of a commercial duty concrete driveway a minimum 4.0 metres wide, including appropriate drainage. Details of the driveway and associated drainage shall be provided on the Engineering Plans for approval.

12. DRAINAGE/STORMWATER

These conditions have been imposed to ensure drainage/stormwater is appropriately managed. All Stages

69


(1) Stormwater runoff from and through the property is to be appropriately managed so as to control nuisance, damage and hazard during storm events.

(2) Road drainage shall be provided as generally shown in the concept plans

by Cardno (NSW/ACT) Pty Ltd Project 82016085, Issue B dated 05.06.20147 with the following variations to be included in the design prior to issue of Construction Certificate:

All road drainage to be designed to cater for the 10% AEP critical

storm event in accordance with the Wollondilly Shire Council Design Specification.

(3) Stormwater runoff from all impervious surfaces on the property shall be

collected and conveyed to a point suitable for integration with either the natural or constructed stormwater drainage system. A piped drainage system shall be provided to convey runoff from storms up to the 10% AEP. Defined overland flow paths shall be provided to safely convey runoff from storm events up to the 1% AEP. Drainage details, including drainage modelling, shall be shown on the Engineering Design plans for approval by the nominated Accredited Certifier prior to the issue of a Construction Certificate.

(4) Drainage calculations and modelling for all stormwater drainage and

water quality treatment infrastructure to be vested in Council shall be submitted to Council, as the roads authority and asset owner, for approval prior to the issue of the Construction Certificate.

(5) An interallotment drainage system shall be provided for those lots not

able to discharge stormwater by gravity flow to the road gutter or suitable Council drainage system.

A pit shall be provided in each lot for the interallotment drainage system. Defined overland flow paths shall be provided to safely convey runoff from storm events up to the 1% AEP.

(6) The extent and depth of the 1% AEP overland flow path(s) through the

development shall be determined and shown on the Engineering design plans. A Flood Planning Level (FPL) to A.H.D., and being a level 0.5m above the calculated overland flow path level, shall be determined for each lot affected by any overland flow path.

A Restriction on the Use of Land shall be registered on the Certificate of Title of each affected lot prohibiting the construction of any dwelling with a finished habitable floor level below the determined Flood Planning Level (FPL).

(7) The stormwater discharge from the site shall have adequate control measures installed to ensure the post-development discharge has no adverse impact on the flooding potential of upstream and downstream properties and infrastructure for all storm events upto and including the 100 year ARI storm even.

70


Stormwater control measures shall be provided as generally outlined in the Stormwater Management Strategy prepared by Cardno (NSW/ACT) Pty Ltd, Project Number 8201608501 dated 5th June 2017. Details of the stormwater quantity control measures shall be shown on the Engineering Design plans.

(8) The stormwater discharge from the site shall have an adequate

stormwater quality treatment measures installed for the control of litter, sediment pollution and dissolved pollutants.

Details of the stormwater quality treatment measures, as generally outlined in the Stormwater Management Strategy prepared by Cardno (NSW/ACT) Pty Ltd, Project Number 8201608501 dated 5th June 2017, and supporting computer modelling shall be provided with the Engineering Design plans for approval prior to issue of the Construction Certificate.

(9) Prior to issue of Construction Certificate, a Risk Assessment shall be

undertaken on the design and operation of the On-site Detention and Floating Wetlands infrastructure to determine the appropriate level of public safety measure to be provided. Details must be provided with the Engineering Design plans.

(10) Prior to issue of Construction Certificate, the person or entity having the

benefit of this consent shall submit a Maintenance Management Plan to Council for approval, as future the asset owner, for the operation, maintenance and inspection of the proposed On-site Detention and floating Wetland facility that will be vested in Council ownership.

The plan shall include an inspection checklist and risk assessment for all aspects of management of the infrastructure and indicative annual and lifecycle maintenance costs.

(11) Where any drainage structure in which Council has an interest traverses

private property, the applicant shall, at no cost to Council, create and vest in Council drainage easements over the structure. Council drainage easements are to be a minimum 3.0 metre wide but may need to be wider depending on the size of the infrastructure.

(12) Prior to issue of Subdivision Certificate, a Section 88B instrument in

accordance with the Conveyancing Act shall be provided that creates an Easement to Drain Water, a minimum 1.5 metre wide, over all interallotment drainage lines.

(13) Prior to issue of Subdivision Certificate, a Section 88B instrument in

accordance with the Conveyancing Act shall be provided that creates a Restriction on the use of land over all interallotment drainage swales and overland flow paths through private land that prohibit the change of surface levels and the erection of buildings, structures or landscaping that restrict the flow of stormwater.

71





protected from erosion until re-used during landscaping. (16) Stockpiles of construction and landscaping materials, and site debris are

to be located clear of drainage lines and in such position that they are within the erosion containment boundary or are equivalently protected from erosion and do not encroach upon any footpath, natural strip or roadway.

Stage 1 only

(17) On-site detention and floating wetland facilities shall be partly or fully

operational to sufficiently manage, in accordance with the conditions of this consent, the stormwater runoff from the staged works.

(18) Prior to issue of Subdivision Certificate, the land containing the on-site

detention and floating wetland facility shall be proposed to be dedicated to Council as part of stage 1 subdivision release.

13. EROSION AND SEDIMENT CONTROL

These conditions have been imposed to minimise the impact of the Development on the environment and on adjoining properties.

All Stages

(1) All disturbed areas are to be stabilised by turfing, mulching, paving or

otherwise suitably stabilised within 30 days of completion. (2) Vehicle access is to be controlled so as to prevent tracking of sediment

onto adjoining roadways, particularly during wet weather or when the site has been affected by wet weather.




protected from erosion until re-used during landscaping. (5) The installation of the erosion and sediment control devices identified on

the Soil and Water Management Plan shall be completed prior to any construction taking place on the site. These devices are to be maintained so as to prevent the discharge of silt into adjoining bays, rivers, creeks, streams, gutters or drains.

72


(6) Stockpiles of construction and landscaping materials, and site debris are

to be located clear of drainage lines and in such position that they are within the erosion containment boundary or are equivalently protected from erosion and do not encroach upon any footpath, natural strip or roadway.

14. EARTH FILL

These conditions have been imposed to ensure the safe disposal of fill:

All Stages

(1) A Cut and Fill plan shall be included with the Engineering Design plans

showing the exact extent and depth of cut and fill within the site. (2) All filling on the site, including footpath areas, shall be compacted to not

less than 95% Standard Compaction. A report on the site filling is to be submitted in accordance with Wollondilly Shire Council’s Design & Construction Specifications by an appropriately qualified Geotechnical Engineer or Soil Scientist. Such a report shall be supported by a survey plan of the site indicating the areas filled and depth of fill in relation to the lot boundaries.

(3) There shall be no encroachment onto adjoining lands by cut and fill ,

including supporting batters unless consent to do so has been given in writing by the adjoining land owner(s) and a copy of the consent is forwarded to the nominated Accredited Certifier. Cut and fill depths on adjoining properties shall be less than 2.0 metre and 1.0 meter respectively.



(5) There shall be no encroachment onto adjoining lands by fill placed near

boundaries. (6) There shall be no loss of support or encroachment of fill onto adjoining

lands as a result of excavation or filling within the site. (7) No landfilling or works shall be carried out within 40 metres of a

watercourse, as defined by the Water Management Act, 2000 unless a controlled activity permit has been issued by the Department of Water & Energy.

(8) Surface stormwater shall be controlled in such a manner that no significant

alterations to existing flows onto adjoining properties occur.

73




15. DAM Decommissioning /DEWATERING

(1) Dam removal shall be staged to enable any aquatic fauna that may

potentially be utilising these areas as habitat, have the opportunity to seek alternative habitat.

(2) An ecologist must be present to relocate and humanly dispose of fauna from the dewatering of the dam prior to filling.

The dewatering must not leave site and must be disposed off in a manner that dies not impact surrounding watercourses.

16. LANDSCAPING

These conditions have been imposed to reduce the impact of any development activity on the landscape/scenic quality through vegetation works and maintenance.

The development shall be undertaken in accordance with the provisions of Council’s Tree Preservation Order. Under the Order a person shall not, except with the consent of Council, ringbark, cut down, top, lop or wilfully destroy any tree which:

(a) Is greater than 3m in height; (b) Has a girth greater than 45cm at a height of 1m from the ground; (c) Has a branch spread greater than 3m.

Any further clearing must be approved either through Council. All trees must be planted with root guards and these are to be visually inspected by council officers prior to the signoff of the linen release.

17. VEGETATION MANAGEMENT

These conditions have been imposed to protect significant vegetation that has been identified on the subject land.

54VM01 - No works are to be undertaken within 5m radius of the drip zone of the tree(s) or vegetation nominated for retention. 54VM03 - Precautions must be adequately adopted to minimise the impact around the identified significant vegetation. Soil is not to be built up around the drip zone around significant vegetation. 54VM04 - Effluent disposal shall not to be undertaken within 5 metres radius of the drip zone of significant vegetation.

74


54VM05 - Solid or liquid waste materials shall not be deposited in the designated conservation area.

18. WEED MANAGEMENT

These conditions have been imposed to ensure that noxious and environmental weeds on the subject land are appropriately managed.


eradication and management plan shall be carried out prior to the release of the consent the timing of when primary weed treatment measures are required, Subdivision Certificate.

(2) All weeds environmental or noxious shall be removed from the area

nominated significant vegetation and evidence of this weed reduction program be made available upon inspection or request.

19. TREE REMOVAL

These conditions are imposed to ensure that the removal of trees is undertaken in a safe and environmentally sensitive manner.

(1) All trees greater than 3 metres in height or with a branch spread greater

than 3 metres are to be clearly marked on the Engineering Plans. The road layout and lot boundaries shall be adjusted as necessary to maximise the retention of healthy significant trees (i.e. lot boundaries shall be adjusted so that the erection of dwellings won't inevitably result in tree removal).

(2) Prior to the commencement of any work all mature trees shall be

inspected by a qualified arborist/bush regenerator. Those trees that are considered are to be clearly marked and are to be inspected by a Council Officer prior to work commencing

20. INSPECTIONS

These conditions have been imposed to ensure that construction works are undertaken to an approved standard.

All stages

(1) The engineering works shall be inspected by Council at the following

stages of construction to ensure they comply with Council’s Construction Specification and associated approvals:

75


Prior to commencement of any construction work on the site, after erosion

and sediment control and traffic control measures are implemented. When drainage lines have been laid, jointed and bedded, prior to

backfilling. Prior to pouring of the drainage pits, when the formwork and steel is in

place. Prior to pouring of the road drainage culverts, when the formwork and

steel is in place. When roadworks have been excavated to subgrade, prior to placing of

pavement. When subsoil drainage lines have been excavated and drainage pipe laid

prior to placing filter material. After shaping and prior to topsoil/turf placement of overland flow paths. When part of the pavement depth (as indicated by Principal Certifying

Authority) has been placed. During the roller test, which is to be carried out using a three point roller

or approved equivalent. A completion of pavement shaping, prior to priming. At sealing (minimum 24 hours required after priming). At completion of the preparation of kerb and guttering subgrade. At completion of the preparation of all concrete layback gutter crossing

subgrade. Prior to pouring concrete for concrete footpath/cycleway, when formwork

and steel is in place. Prior to pouring vehicle crossing slabs, when formwork and steel is in

place. Prior to pouring concrete to driveway/car park slabs, when formwork and

steel is in place. At practical completion of works. At final completion of works (minimum of 12 months after date of issue of

practical completion certificate).

Note: It is the responsibility of the applicant or contractor to notify the Principal Certifying Authority when inspections are required. Failure to notify may lead to additional work being required prior to issue of inspection certificates. A minimum of 24 hours notice is required for inspections where Council is the Principal Certifying Authority.

21. SYDNEY WATER

The intend of the following conditions are to ensure the requirements and infrastructure of Sydney Water are protected and or adhered too for appropriate operation of the Child Care Centre.

(1) Sydney Water easements are not to be built over or encroached in

without the consent of Sydney Water. If the developer has to construct a new main or deviate existing mains and the mains are not dedicated public road or pathway, the developer will be required to pay, create or release the easements in favour of Sydney Water through the standard e-developer process.

76


(2) A Section 73 Compliance Certificate under the Sydney Water Act 1994

must be obtained from Sydney Water. (3) The developer must have building plans stamped and approved before

any construction is commenced. (4) All properties connected to Sydney Water’s supply must install a testable

Backflow Prevention Containment Device appropriate to the property’s hazard rating. Property with a high or medium hazard rating must have the backflow prevention containment device tested annually. Properties identified as having a low hazard rating must install a non-testable device, as a minimum.

(5) Separate hydrant and sprinkler fire services on non-residential properties,

require the installation of a testable double check detector assembly. The device is to be located at the boundary of the property.

(6) A two year program of water quality and flow monitoring of inflows to and

outflows from the onsite detention basin shall occur with the following requirements as a minimum:

monitoring of inflow and outflow volumes during storm events monitoring of total suspended solids, total nitrogen and total

phosphorous during storm events annual report and analysis of the inflow and outflow water quality

and flow data to be provided to Council and Water NSW.

22. HERITAGE These conditions have been imposed to ensure that development is carried out in a manner sensitive to the heritage values of the locality.

(1) Should any potential archaeological deposit likely contain Aboriginal artefacts be identified during the planning or historical assessment stage, application shall be made by a suitably qualified archaeologist to the National Parks and Wildlife Service (NPWS) for an excavation permit for Aboriginal relics.

(2) Should any historical relics be unexpectedly discovered in any areas of

the site not subject to an excavation permit, then all excavation or disturbance to the area is to stop immediately and the Heritage Council of NSW should be informed in accordance with Section 146 of the Heritage Act 1977.

(3) Should any Aboriginal relics be unexpectedly discovered in any areas of

the site not subject to an excavation permit, then all excavation or disturbance to the area is to stop immediately and the National Parks and Wildlife Service (NPWS) should be informed in accordance with Section 91 of the National Parks and Wildlife Act, 1974.

77


(4) Should any historical relics be unexpectedly discovered in any areas of

the site, then all excavation or disturbance to the area is to stop immediately and the Heritage Council of NSW should be informed in accordance with Section 146 of the Heritage Act

23. ADVICE TO THE APPLICANT

All Stages

(1) At all times work is being undertaken within the public road, adequate

precautions shall be taken to warn, instruct and guide road users safely around the work site with a minimum of disruption.

(2) During the course of construction, care must be taken to prevent damage

to any public utility or other service and the applicant will be held responsible for any damage caused by him or his agents, either directly or indirectly. Any mains, services, poles, surface fittings etc. that require alterations shall be altered at the applicant’s expense and to the satisfaction of Council and the authority concerned.

(3) The developer and any contractor or sub-contractor used to carry out any

work authorised by or out of this approval on Council owned or controlled land, is to carry the following insurance, copies of which are to be produced to Council upon request:

Motor Vehicle Insurance (comprehensive or property damage) for all self propelled plant, as well as valid registration or RMS permit (Including CTP insurance). Primary producer’s registration is not registration for use on Public Road construction work.

Workers Compensation Insurance. Twenty Million Dollar Public Liability Insurance. Only fill characterised as VENM or ENM under the guidelines of the

NSW Environmental Protection Authority may be used in this development. Copies of validation reports for all fill used shall be retained and presented to Council on request.

The developer and or builder should contact Sydney Water to obtain any further detailed information required for the development prior to the commencement of site preparation and or building work.

Should at any point that proposed excavation exceeds 2 metres within 25 metres of the track the application will require additional review and further details will need to be provided to ARTC and a modification of consent would be required.

Mitigation measures should ensure that stormwater and dust during construction cannot affect the rail corridor.

Comprehensive stormwater and dust mitigation measures must be established to ensure that there is no impact on the rail corridor during the construction and in the initial stages of establishing the new landscaping on the site.

78


Endeavour Energy’s further advise are as follows:

Regard must be had to Endeavour Energy’s General Restrictions

for Overhead Power Lines. The following is a summary of the usual/main terms of Endeavour Energy’s electrical easements/protected electrical works requiring that the land owner: No services or structures shall be installed within the

easement site. No alterations to the surface level of any easement onsite. Not cause anything that restricts access to the easement site

without the prior written permission of Endeavour Energy and in accordance with such conditions as Endeavour Energy may reasonably impose.

Reference must be made to Endeavour Energy’s Mains Design Instruction MDI 0044 ‘Easements and Property Tenure Rights. Section 5.5.2 ‘Controlled activities / encroachments’ provides details of activities that may be permitted (if approved in writing by Endeavour Energy’s regional Easement Officer within Endeavour Energy easements, only where appropriate controls are designed and implemented to mitigate safety risks and there is no reasonable alternative option. It should be noted that Endeavour Energy’s preference is to not have any controlled activities / encroachments within its easement areas.

For any controlled activities/encroachments which affect Endeavour Energy’s easements /protected electricity infrastructure contact must first be made with the Endeavour Energy’s Easements Officer.

Network Capacity / Connection - Where development is proposed in the vicinity of electricity infrastructure, Endeavour Energy is not responsible for any acoustic / noise amelioration measures for such noise that may impact on the nearby proposed development.

No trees in the vicinity of electricity infrastructure shall be planted. Low growing shrubs not exceeding 3.0 metres in height, ground covers and smaller shrubs with non-invasive root systems are acceptable. All trees should be planted well away from electricity infrastructure, including underground cables (or installed with a root barrier around the root ball of the plant), as they can restrict safe access by maintenance workers and may damage the electricity network e.g. falling branches (EE).

As the proposed subdivision will involve work near electricity infrastructure, workers run the risk of receiving an electric shock and causing substantial damage to plant and equipment. The public safety training resources are also available via Endeavour Energy’s website via the following link:

http://www.endeavourenergy.com.au/wps/wcm/connect/ee/nsw/nsw+homepage/communitynav/safety/safety+brochures

79


Before commencing any underground activity you is required to

obtain advice from the Dial before You Dig 1100 service in accordance with the requirements of the Electricity Supply Act 1995 (NSW) and associated Regulations. This should be obtained by the applicant not only to identify the location of any underground electrical and other utility infrastructure across the site, but also other underground utility services to identify them as a hazard and to properly assess the risk.

An Emergency/Evacuation Plan is to be prepared detailing the following: 1) under what circumstances will the work site/s be evacuated; 2) where will occupants be evacuated to; 3) roles and responsibilities of persons co-ordinating the evacuation; and 4) a procedure to contact the NSW Rural Fire Service District Office / NSW Fire Brigade and inform them of the evacuation and where they will be evacuated to.

This plan is to be submitted to Council and EE as part of any future construction certificate.

Emergency Contact - In case of an emergency relating to Endeavour Energy’s electrical network, the applicant should note Emergencies Telephone is 131 003 which can be contact 24 hours/7 days.

NOISE - The electricity network is operational 24/7/365 i.e. all day, every day of the year. Overhead power lines can produce an audible sound or buzz as a side effect of carrying electricity. The sound can be louder if there is increased moisture (during rain, fog, frost etc.) or pollutants in the air. The sound usually occurs at the poles at the insulators supporting the power lines. The transformer in substations may emit a hum – especially when under heavy load say in the summer peak when use of air conditioning is at its highest. Where development is proposed in the vicinity of electricity infrastructure, Endeavour Energy is not responsible for any acoustic / noise amelioration measures for such noise that may impact on the nearby proposed development.

Electric and Magnetic Fields (EMF) - Endeavour Energy recognises that a causal link between power-line EMF exposure and demonstrated health effects has not been established, even after much scientific investigation throughout the world. There are no state or federal exposure standards for 50/60- hertz (Hz) EMF based on demonstrated health effects. Nor are there any such standards world-wide. Among those international agencies that provide guidelines for acceptable EMF exposure to the general public, the International Commission on Non-Ionizing Radiation Protection established a level of 1000 milligauss (mG). Endeavour Energy recognises that timely additional research is unlikely to prove the safety of power-line EMF to the satisfaction of all.

80


Endeavour Energy is committed to ensuring that its activities and assets conform to all relevant International and Australian Standards, National Health and Medical Research Council (NH&MRC) Standards, Energy Networks Association (ENA) Standards and NSW legislation. This includes a commitment to a policy of prudent avoidance as endorsed by the ENA with regard to the location of assets and electric and magnetic fields.

During the course of construction, care must be taken to prevent damage to any public utility or other service and the applicant will be held responsible for any damage caused by him or his agents, either directly or indirectly. Any mains, services, poles, surface fittings etc., which require alterations shall be altered at the applicants expense and to the satisfaction of Council and the authority concerned.

81

local planning panel - wollondilly shire

Documents