Development Assessment Unit · Function Centres, Pubs, Registered Clubs and Restaurant shall have a...
Transcript of Development Assessment Unit · Function Centres, Pubs, Registered Clubs and Restaurant shall have a...
Development Assessment
Unit
Tuesday, 16 June 2015
THE H
ILLS S
HIR
E C
OU
NC
IL
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
ITEM SUBJECT PAGE
ITEM-1 CONFIRMATION OF MINUTES 3
ITEM-2 DA NO. 888/2015/HA - A CHANGE OF USE FOR
THE PURPOSES OF A CHILDCARE CENTRE (105
PLACES) - LOT 1016 DP 1063033 - 3 COLUMBIA
COURT, BAULKHAM HILLS
6
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
PAGE 3
MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE
HILLS SHIRE COUNCIL ON TUESDAY 9 JUNE 2015
PRESENT
Cameron McKenzie Group Manager – Environment & Planning (Chair)
Paul Osborne Manager – Development Assessment
Andrew Brooks Manager – Subdivision & Development Certification
Mark Colburt Manager – Environment & Health
Craig Woods Manager – Regulatory Services
Jim Davies Principal Forward Planner
Kristine McKenzie Principal Executive Planner
APOLOGIES
Stewart Seale Manager – Forward Planning
TIME OF COMMENCEMENT
8:30am
TIME OF COMPLETION
8:39am
ITEM-1 CONFIRMATION OF MINUTES
RESOLUTION
The Minutes of the Development Assessment Unit Meeting of Council held on 2 June
2015 be confirmed.
ITEM-2 DA NO. 912/2015/HA - PROPOSED OUTDOOR
SEATING FOR 48 PATRONS FOR EXISTING
RESTAURANT AND ALTERATIONS TO EXISTING
PARKING - COMMON PROPERTY SP 48562 - 'THE
VILLAGE GREEN', NO. 22-24 KENTHURST ROAD,
DURAL
RESOLUTION
The application be approved subject to conditions as set out in the report with the
exception of the following amendments:
Amend condition No. 28 to include 96 patrons plus 8 staff – total 104 maximum
capacity of the venue.
28. Maximum Capacity Signage to be Displayed in the Premises
With effect from 26 January 2010, it is a Prescribed Condition under Clause 98D of the
Environmental Planning and Assessment Regulation 2000 that Entertainment Venues,
Function Centres, Pubs, Registered Clubs and Restaurant shall have a Maximum Capacity
Signage on display. The following signage is ready for use and shall be displayed in a
prominent position in the building:
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
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Delete Condition No. 30
Amend Condition No. 32 to read;
32. Hours of Operation and Maximum Number of Patrons
The hours of operation and the maximum number of patrons for the restaurant and
outdoor seating area (combined) are restricted to:
48 patrons between the hours of 12pm and 6pm, 7 days per week; and
96 patrons between the hours of 6pm and 10pm, 7 days per week.
The maximum patron capacity for the outdoor seating area is limited to 48
patrons at any time.
The outdoor seating area is to be vacated by patrons and staff by 10:00pm each
night.
Any alteration to the above patron numbers or hours of operation will require the further
approval of Council.
Delete Condition No. 37.
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
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ITEM-3 DA NO. 1074/2010/HC - ENVIRONMENTALLY
INTEGRATED HOUSING AND SUBDIVISION - LOT 7
DP 270109 THE GLADE, WEST PENNANT HILLS
RESOLUTION
The application be approved subject to conditions as set out in the report with the
exception that condition Nos. 52 and 88 be amended as follows:
52. Private Infrastructure Inventory Report within The Glade Estate – Pre
Construction
Prior to work commencing, an infrastructure inventory report must be prepared and
submitted to the Community Association DP 270109 recording the condition of all
Community Association property, including private roads within The Glade Community
Estate. This includes any access routes to be used by construction and delivery vehicles
associated with this development. If uncertainty exists with respect to the necessary
scope of this report, it must be clarified with Community Association before works
commence.
88. Private Infrastructure Inventory Report within The Glade Estate - Post
Construction
Before an Occupation Certificate is issued, an updated infrastructure inventory report
recording the condition of all Community Association property, including all private roads
within The Glade Estate must be prepared and submitted to the Community Association
DP 270109. The updated report must identify any damage to Community Association
property and the means of rectification to the satisfaction of the Community Association
DP 270109.
END MINUTES
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
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ITEM-2 DA NO. 888/2015/HA - A CHANGE OF USE FOR THE
PURPOSES OF A CHILDCARE CENTRE (105 PLACES)
- LOT 1016 DP 1063033 - 3 COLUMBIA COURT,
BAULKHAM HILLS
THEME: Balanced Urban Growth
OUTCOME: 7 Responsible planning facilitates a desirable living
environment and meets growth targets.
STRATEGY:
7.2 Manage new and existing development with a robust
framework of policies, plans and processes that is in
accordance with community needs and expectations.
MEETING DATE: 16 JUNE 2015
DEVELOPMENT ASSESSMENT UNIT
AUTHOR: DEVELOPMENT ASSESSMENT CO-ORDINATOR
JAMES MCBRIDE
RESPONSIBLE OFFICER: MANAGER DEVELOPMENT ASSESSMENT
PAUL OSBORNE
EXECUTIVE SUMMARY
The Development Application is for the occupation and fit-out of a vacant office premises
for the purposes of a child care centre with an associated administration office. The
proposed child care centre will accommodate a maximum of 105 children (0-5 years of
age) and 17 staff members.
The proposal includes the removal of 15 at-grade car parking spaces adjacent to Building
C and the removal of the existing glazing of the façade of the building to form an
outdoor play area. Given that the outdoor play area is immediately located adjacent to
an internal access way, traffic safety measures such as bollards of suitable strength and
spaced at adequate intervals will be incorporated into the design to minimise the risk of
errant vehicles colliding into the outdoor play area from the internal access way.
The outdoor play area (282m2) technically increases gross floor area and the proposal
seeks a variation to Clause 4.4 of the Hills Local Environmental Plan 2012 which permits
a maximum Floor Space Ratio (FSR) of 1:1 for the subject site. The proposal will produce
an FSR of 1.029:1 for the site which represents a variation of 2.9% to the development
standard. The applicant has provided a written request seeking a Clause 4.6 variation to
the development standard. The variation is addressed in the body of the report and is
considered to be satisfactory as the additional gross floor area does not contribute to
additional bulk and scale.
The proposal seeks a variation to DCP 2012 Part B Section 6 – Business, Appendix E –
Child Care Centres with respect to car parking. The base parking provision approved with
the parent building was provided at a rate of 1 space per 25 square metres of gross floor
area. In this regard, the ground floor level of Building C comprises a gross floor area of
1,215m2 thereby resulting in the allocation of 49 car parking spaces. The DCP requires
43 car parking spaces which results in a surplus of 6 car parking spaces. However given
that the proposal will result in the removal of 15 at-grade car parking spaces, the use
creates a deficit of 9 spaces. However this needs to be considered in the context of the
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
PAGE 7
282 car spaces available on site on the B2 basement level for shared use. The variation
is addressed in the body of the report and is considered to be satisfactory given the
operational nature of the child care centre.
It is noted that signage does not form part of the subject Development Application
however consideration of future signage will be considered in a future Development
Application and a condition of consent is recommended to be imposed to reflect this
requirement.
The Development Application was notified to adjoining property owners for a period of
14 days. In response, one submission was received objecting to the application and
raising concerns with respect to parking, traffic, noise and pollution. These concerns
have been considered in the report and do not warrant further amendment or refusal of
the application.
As Council is the owner of Lot 1016 DP 1063033, 3 Columbia Court Baulkham Hills, an
independent town planning peer review of the application has been undertaken. The peer
review concluded that the judgement and conclusions reached in this report are
reasonably made and the conditions to be imposed reasonable. It was recommended
that a condition of consent pertaining to compliance with the NSW Children (Education
and Care Services) Supplementary Provisions Regulation 2012 be applied to any consent
granted. Such a condition is recommended.
The proposal is considered acceptable and approval is recommended.
BACKGROUND MANDATORY REQUIREMENTS
Applicant: Young Scholars Pre
School Pty Ltd
1. The Hills Local Environmental Plan
2012 – Permissible with consent.
2. The Hills Development Control Plan
2012 – Variations proposed.
3. Section 79C (EPA Act) – Satisfactory
4. Section 94 Contribution – $6,030.00
Owner: The Hills Shire Council
Zoning: B7 Business Park
Area: 1.678 ha
Existing
Development:
The Hills Shire Council
Administration
Building and future
Medical Centre
SUBMISSIONS REASONS FOR REFERRAL TO DAU
1. Exhibition: Yes, 14 days
1. Submission received.
2. Notice Adj
Owners:
Yes, 14 days
3. Number
Advised:
105
2. Variation to DCP.
4. Submissions
Received:
One submission
received.
POLITICAL DONATION – None disclosed.
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
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HISTORY
02/12/2014
Pre-lodgement meeting held (99/2015/PRE)
08/01/2015 Subject application was lodged.
18/02/2015 The applicant was requested to provide additional information in
relation to planning and health matters. The planning matters
related to the quality of the outdoor play area, traffic safety and
car parking. The health matters related to the assumptions of the
acoustic assessment and the kitchen fit-out.
22/04/2015 The applicant provided additional information to address planning
and health matters.
30/04/2015
The applicant was requested to provide additional information
relating to the Health Hazard Assessment.
01/05/2015 The applicant submits revised Health Hazard Assessment with
respect to traffic safety.
29/05/2015 Independent Peer Review received.
02/06/2015 The applicant was requested to submit a Clause 4.6 Variation to
the development standard for floor space ratio.
04/06/2015 The applicant submits a Clause 4.6 Variation.
THE PROPOSAL
The Development Application is for the occupation and fit-out of a vacant office premises
for the purposes of a child care centre with an associated administration office. The
proposed child care centre will accommodate a maximum of 105 children (0-5 years of
age) and 17 staff members.
The proposed hours of operation are 7:00am to 6:00pm Monday to Friday. A maximum
of 17 staff will be employed at the premises. A total of 105 children will be
accommodated in five playrooms at the centre comprising of the following:
Age Number of Places
0-2 31
2-3 31
3-5 43
Total 105
The proposal includes internal works to create a cot room, toilet facilities, laundry, staff
room, food preparation areas and internal play areas. The proposal will also involve an
administration office comprising an area of 70m2. A learning space with an area of
125m2 is proposed adjacent to the indoor play area and office. It is noted that a
condition of consent is recommended to ensure that a separate application is lodged
should the learning space be used for an administration office.
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
PAGE 9
The proposal includes the removal of 15 at-grade car parking spaces adjacent to Building
C and the removal of the existing glazing of the façade of the building to form an
outdoor play area. A portion of the internal gross floor area will also be converted to an
outdoor play area. The surface of the outdoor play area will comprise of permeable
artificial soft fall turf and mounds. Additionally, sand pits, garden beds, chalkboards and
musical instruments will feature within the outdoor play area to promote the
development of motor skills. The outdoor play area will be enclosed by a glazed fence
with a height of 1.8 metres. The fence will be finished in a patterned motif screen with
planter boxes being located in front of the fence.
Given that the outdoor play area is immediately located adjacent to an internal access
way, traffic safety measures such as bollards of suitable strength and spaced at
adequate intervals will be incorporated into the design to minimise the risk of errant
vehicles colliding into the outdoor play area from the internal access way. A walkway
with a width of 1 metre is also proposed between the bollards and the fence of the
outdoor play area to accommodate pedestrian movements from the proposed set-down
and collection areas.
The set-down and collection area is proposed in two locations at-grade to the entry point
of the proposed child care centre. The first location of the set-down and collection area is
proposed to the northern boundary and will comprise an area of 11 car spaces. The
second location of the set-down and collection area is proposed adjacent to Building C
and will comprise an area of 6 car spaces.
It is noted that 17 car parking spaces are allocated at-grade with 17 car parking spaces
provided in the access controlled B1 level basement car park for staff. The proposed use
will also have access to a shared allocation of car parking located within the B2 level
basement.
Vehicle access to the site will be from a combined entry and exit point to Columbia
Court.
ISSUES FOR CONSIDERATION
1. Statutory Consideration
(i) The Hills Local Environmental Plan 2012
The subject site is zoned B7 Business Park pursuant to The Hills Local Environmental
Plan 2012 (LEP).
The proposed development is consistent with the definition of a ‘child care centre’ and is
permissible with consent under the B7 Business Park zone.
The objectives of the B7 zone are as follows:
• To provide a range of office and light industrial uses.
• To encourage employment opportunities.
• To enable other land uses that provide facilities or services to meet the day to day
needs of workers in the area.
• To make provision for high technology industries that use and develop advanced
technologies, products and processes.
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
PAGE 10
The proposed use as a child care centre is considered to provide a service that will
accommodate the day to day needs of workers in the area. The proposal is considered to
be acceptable with regard to the objectives of the B7 zone.
The proposed use is defined as a ‘child care centre’ as follows:
child care centre means a building or place used for the supervision and care of
children that:
(a) provides long day care, pre-school care, occasional child care or out-of-school-
hours care, and
(b) does not provide overnight accommodation for children other than those related
to the owner or operator of the centre,
but does not include:
(c) a building or place used for home-based child care, or
(d) an out-of-home care service provided by an agency or organisation accredited by
the Children’s Guardian, or
(e) a baby-sitting, playgroup or child-minding service that is organised informally by
the parents of the children concerned, or
(f) a service provided for fewer than 5 children (disregarding any children who are
related to the person providing the service) at the premises at which at least one
of the children resides, being a service that is not advertised, or
(g) a regular child-minding service that is provided in connection with a recreational
or commercial facility (such as a gymnasium), by or on behalf of the person
conducting the facility, to care for children while the children’s parents are using
the facility, or
(h) a service that is concerned primarily with the provision of:
(i) lessons or coaching in, or providing for participation in, a cultural, recreational,
religious or sporting activity, or
(ii) private tutoring, or
(i) a school, or
(j) a service provided at exempt premises (within the meaning of Chapter 12 of the
Children and Young Persons (Care and Protection) Act 1998), such as hospitals,
but only if the service is established, registered or licensed as part of the
institution operating on those premises.
Clause 4.4 provides that a floor space ratio for a building on any land is not to exceed
the floor space ratio shown for the land on the floor space ratio map. The floor space
ratio is 1:1 for the subject site. The proposal will result in the removal of the existing at-
grade car spaces directly adjacent to Building C for the purposes of an outdoor play
area. Accordingly, given that the fence treatment will involve an enclosed glazed fence to
a height of 1.8 metres, the outdoor play area will be defined as gross floor area in
accordance with the definition of gross floor area under LEP 2012. The proposal will
result in an increase of 282 square metres. The building was approved with a gross floor
area of 16,995m2 representing an FSR of 1.012:1. The subject application seeks to
increase the GFA by 282m2 (total 17,277m2). This equates to an FSR of 1.029:1 and
resulting in a variation of 2.9%.
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
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The applicant has provided the following written request seeking a Clause 4.6 variation
to the development standard for floor space ratio:
The development is to utilise existing space within an existing commercial suite
and at-grade car parking spaces that resides within the Norwest Business Park to
operate a child care centre that will provide valuable child care services to
workers within the business park;
The proposal is consistent with the desired future character of the locality noting
the controls contained within the HLEP 2013 and associated HDCP 2013, noting
that the objectives of the B7 Business Park Zone permits with Council consent
other land uses including child care centre that provide facilities or services to
meet the day to day needs of workers in the area.;
The additional floor space is a result of a technical interpretation of the calculation
of the gross floor area, which includes enclosed glazed fencing around at-grade
car parking space that is to be converted into outdoor play area as countable floor
space. The incorporation of glazed fence treatment will not result in an increase in
the bulk, mass and scale of the existing building nor will it have an impact to the
existing built form.
The development proposal presents a suitable density on the site noting that
there is no additional increase in the building footprint of the existing building and
car parking area. This indicates that the density of the proposal is appropriate for
the development site;
The minor non-compliance does not fundamentally change the presentation of the
existing development to the street, with the subject commercial suite going to
continue to present a quality built form on the site that is compatible with the
character of the locality;
No changes to the height or setback of the existing building, ensuring that the
privacy enjoyed by neighbouring properties is maintained; and
The additional floor area does not result in additional variations to planning
controls in terms of setbacks, parking requirements, and any other matters.
Comment:
The objectives of Clause 4.4 Floor Space Ratio of the LEP are:
(a) To ensure development is compatible with the bulk, scale and character of
existing and future surrounding development.
(b) To provide for a built form that is compatible with the role of town and major
centres.
The objectives of Clause 4.6 of the LEP are:
(a) to provide an appropriate degree of flexibility in applying certain development
standards to particular development,
(b) to achieve better outcomes for and from development by allowing flexibility in
particular circumstances.
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
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Clause 4.6(3) of LEP 2012 states:
Development consent must not be granted for development that contravenes a
development standard unless the consent authority has considered a written request
from the applicant that seeks to justify the contravention of the development standard
by demonstrating:
(a) that compliance with the development standard is unreasonable or unnecessary
in the circumstances of the case, and
(b) that there are sufficient environmental planning grounds to justify contravening
the development standard.
Clause 4.6(4) of LEP 2012 states:
Development consent must not be granted for development that contravenes a
development standard unless:
(a) The consent authority is satisfied that:
(i) The applicant has adequately addressed the matters required to be demonstrated by
subclause (3)
Comment: The applicant has adequately addressed the matters required to be
demonstrated by subclause (3).
(ii) The proposed development will be in the public interest because it is consistent with
the objectives of the particular standard and the objectives for development within the
zone in which development is proposed to be carried out, and
Comment: The proposed development comprises a floor space ratio of 1.029:1 which
exceeds the development standard of 1:1 by 2.9%. The non-compliance in this instance
will arise from the enclosure of the existing at-grade car spaces adjacent to Building C.
The objective of Clause 4.4 ‘Floor Space Ratio’ is to ensure that development is
compatible with the bulk, scale and character of existing and future surrounding
development. Additionally, the floor space ratio development standard aims to restrict
the amount of gross floor area and should be considered in conjunction with controls
relating to the building envelope. It is noted that the proposal will not result in any
changes to existing boundary setbacks nor will it result in an increase to the existing
building height. Moreover, the proposed outdoor play area will not excessively contribute
to the bulk and scale of the building and will not be visible from the street.
The applicant has adequately demonstrated that the proposed development is in the
public interest and is consistent with the objectives of Clause 4.4 ‘Floor Space Ratio’ and
the B7 Business Park Zone. In this regard, the variation to floor space ratio will not
create a building of excessive height, bulk or scale nor will it cause undue impacts upon
the amenity of adjoining properties. A variation to the floor space ratio in this instance is
considered to be satisfactory given that the application of the development standard in
this instance is considered to be both unreasonable and unnecessary. In this regard, the
variation can be supported.
The proposed development is considered to be satisfactory with respect to the relevant
provisions of the LEP.
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
PAGE 13
(ii) The Hills Development Control Plan 2012
The proposal has been assessed against the relevant standards in DCP 2012. The
proposed development is generally consistent with the relevant controls and objectives
of the DCP with the exception of variations to car parking and landscaping treatment.
The following table identifies the proposal’s non-compliance with these controls:
CLAUSE DCP
STANDARD
REQUIRED PROPOSED
COMPLIANCE
E2.12
Vehicular
Access and
Parking
Parking is to be
provided in accordance
with Part C Section 1-
Parking.
Parking is to be
provided for parents
with prams and for
people with a
disability, in
accordance with the
requirements of Part C
Section 1- Parking.
A minimum of one
additional parking
space is to be provided
for the dwelling
component of the
development (if
applicable).
Required: 1 space
per employee plus
1 space per 6
children enrolled.
Provided: 17
spaces at-grade
and 17 spaces in
the B1 basement
level which is
access restricted
and is proposed to
accommodate the
17 employees of
the child care
centre.
No – variation
proposed as
detailed later
in this report.
a) Car Parking
The proposal seeks a variation to DCP 2012 Part B Section 6 – Business, Appendix E –
Child Care Centres with respect to the car parking provision contained within DCP Part C
Section 1 – Car Parking. The DCP requires 1 space per employee plus 1 space per 6
children enrolled. In this regard, the child care centre would require 35 car parking
spaces with the office component requiring 8 car parking spaces. In total, 43 car parking
spaces are required.
The base parking provision approved with the parent building was provided at a rate of 1
space per 25 square metres of gross floor area. In this regard, the ground floor level of
Building C comprises a gross floor area of 1,215m2 thereby resulting in the allocation of
49 car parking spaces. The DCP requires 43 car parking spaces which results in a surplus
of 6 car parking spaces. However given that the proposal will result in the removal of 15
at-grade car parking spaces, access to car parking will reduce result in a deficit of 9
spaces.
It is noted that 17 car parking spaces are allocated at-grade with 17 car parking spaces
provided in the access controlled B1 level basement car park for staff. Access to a shared
allocation of parking within the B2 level basement is also provided.
Clause E2.12 of the DCP is based on the following objectives:
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
PAGE 14
(i) To ensure that the parking demand generated by the development is
accommodated on site.
(ii) To ensure that the development considers the design of parking for
disabled persons and parents with prams.
The applicant has submitted a Parking Assessment Report prepared by Cardno. The
following is a summation of the conclusions of the report which forms the justification to
vary the provision of car parking:
The construction of outdoor playground areas to satisfy the regulatory minimum
requirements. This will reduce the number of parking spaces to which the site has
access.
Based on the preceding sections, it is concluded that:
> Based on statutory minimum rates for office land use, the subject tenancy has
a requirement to provide around 49 spaces of the overall development provision;
> The use of the tenancy as a Childcare Centre will generate a lower parking
demand that if it were used as an office. Therefore, a reduction in parking spaces
provided at the overall development can be supported;
> The change of land use from ‘Office’ to ‘Childcare Centre’ will reduce that
minimum statutory requirement to 43 spaces;
> The car parking demand assessment suggests the proposal will generate a
parking demand in the order of 32 car parking spaces;
> The Childcare Centre should manage parking demands so that full-time
employees that are present throughout the day park in the spaces allocated to
the tenancy within the basement level;
The provision of fifteen (15) at-grade spaces near the main pedestrian entrance
should accommodate set down and collection vehicular activity, and provide
additional capacity for staff parking demand throughout the middle of the day.
Comment:
The proposed child care centre will have access to the following car spaces located within
the subject site:
- 17 at-grade car spaces to be used by parents/guardians for set-down and collection.
- 17 spaces within the B1 level basement. Vehicular access to this level is restricted
and it is proposed that these spaces be utilised by the 17 employees of the child care
centre.
- Access to a shared parking provision of 282 spaces on the B2 Level basement.
It is also noted that the Hills Shire Council occupies the Ground floor, Level 1 and Level 2
of Building B in addition to the ground floor and Level 1 of Building C. A medical centre
has recently been approved to occupy Levels 2 and 3 within building C. Level 3 of
Building B is currently vacant.
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
PAGE 15
The Development Application was accompanied with a Parking Assessment prepared by
Cardno. The report provides a Car Parking Demand Assessment of comparable child care
facilities. The report highlights that the proposed parking rate required by the DCP would
be in the order of 0.33 spaces per child. Recorded case data is provided within the report
that demonstrates that a comparable child care centre accommodating a similar capacity
generates a peak parking demand of 0.15 spaces per child during set-down periods and
0.125 spaces per child during collection periods. This includes both staff and parents.
The case data indicates that during AM and PM peak periods, set-down and collection
occur at different times. The Parking Assessment therefore recommends that the number
of parking spaces should be reflective of the peak set-down and collection time as
opposed to the specified DCP rate.
On this basis, conservatively adopting the highest value recorded in the case data, the
proposed child care centre could be expected to generate a peak parking demand of 16
spaces during peak set-down and collection periods based on 105 children. This equates
to a rate of 0.15 spaces per child instead of the DCP requirement of 0.33 spaces per
child.
Furthermore, the report considers the implications of the reforms to the NSW Child Care
regulations which are due to come into effect in December 2015. Under the reforms, the
staff requirement for the proposed operation would increase from 17 staff members to
20 staff members. The report indicates the following:
It is common for staff members of Childcare Centres to arrive to the site in a
staggered fashion, with the maximum number of staff on-site occurring during the
middle of the day when children in attendance is at its peak. As a result, staff
parking demand gradually increases throughout the morning set-down period,
plateaus throughout the middle of the day and decreases as children are collected
from the site.
Peak set-down and collection parking demands typically occur either side of peak
staff parking demand, allowing for the shared use of the Childcare Centre parking
provision. Due to this temporal displacement, the total Childcare car parking
provision needs only be marginally higher than the number of staff at the site to
accommodate the typical parking demand of the facility. To provide parking equal to
the sum of both staff and parent peak parking demands would create an oversupply.
The report than suggests that based on recorded case data for a comparable facility, that
a surplus of four car spaces beyond the staff requirement would be sufficient to
accommodate for peak parking demands during set-down and collection periods in
addition to peak staff parking demand during the middle of the day. In this regard, it is
recommended that 24 car parking spaces for the child care centre component would be
satisfactory. This represents a ratio of 0.23 spaces per child.
The report also suggests that the office component which requires 8 car spaces is
considered to be reflective of the demand generated for an office use. Therefore, the
proposal would generate an overall demand for a maximum of 32 car spaces.
It is prudent to note that the Parking Assessment also highlights that the NSW Roads
and Maritime Services ‘Guide to Traffic Generating Developments’ recommends a rate of
1 space to every 4 children in attendance and does not recommend a separate rate for
staff. In this regard, the proposal would generate a requirement for 26 car parking
spaces which is nine car spaces less than that required by the DCP.
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
PAGE 16
Consideration must also be given to a comparable child care centre approved within
close proximity to the subject site. Kindalin operates from 10 Hudson Avenue Castle Hill
and is located approximately 130 metres on the opposite side of Windsor Road within an
industrial complex. Kindalin accommodates a capacity of 110 children and has access to
30 car parking spaces within the subject site. This rate of parking was considered to be
satisfactory based on a parking assessment survey. The rate represents a ratio of 0.27
spaces per child instead of the 0.33 spaces per child as required by the DCP.
Furthermore, the traffic report did not consider the proximity of the child care centre to
places of employment, where parents/guardians who are employed within walking
distance to the child care centre, could park at their place of employment and walk to
the premises via safe pedestrian passages.
In this regard, whilst the DCP requires the provision of 43 car spaces, the proposed use
would only generate a maximum demand for 32 car spaces. Given that the premises is
allocated 34 car parking spaces, being 17 at-grade and access to 17 spaces within the
access restricted basement car park for staff members, the proposed variation to the car
parking provision is considered to be satisfactory. Furthermore, the site is also capable
of providing access to a shared allocation of car parking located within the B2 basement
level.
(iii) Traffic Safety
The proposal includes the removal of 15 at-grade car parking spaces adjacent to Building
C and the removal of the existing glazing of the façade of the building to form an
outdoor play area. Given that the outdoor play area is immediately located adjacent to
an internal access way, a Health Hazard Assessment prepared by Getex accompanied
the application and highlighted the possible risks associated with vehicle movements
adjacent to the outdoor play area. The assessment consequently recommended the
preparation of a Traffic Plan.
In response, a Traffic Plan was subsequently prepared by Cardno which identifies the
hazards associated with traffic and recommends control measures to reduce or eliminate
any potential risk. The report identified the following hazards:
- Location of set down and collection parking
- Proximity of moving vehicles to outdoor play area
- Traffic flow along the internal access way adjacent to the outdoor play area
Location of Set Down and Collection Parking
The location of set-down and collection parking has been considered. The proposed child
care centre will have access to 17 at-grade car parking spaces which are proposed for
short stay parking for set-down and collection as illustrated in the figure below:
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
PAGE 17
To maximise the safety of pedestrian movements between the car parking spaces and
the entry of the child care centre, the Traffic Plan recommends a range of traffic calming
measures to reduce the speed of vehicles and raise the awareness of passing motorists.
In this regard, it is recommended that two speed humps be located immediately
adjacent to the set-down and collection area located on the northern side of the site. A
marked stop line and dividing line is proposed at the junction of the access way to
temporarily stop motorists from turning into the set-down and collection area. Moreover,
three signs are proposed in proximity to the set-down and collection area which will
notify motorists of ‘children crossing’ in addition to ‘stop’ signage and ‘road hump’
signage. Pedestrians accessing the child care centre will have a dedicated pathway
adjacent to the outdoor area which will be safe guarded from vehicles with the
placement of bollards. The location of the set-down and collection area is considered to
be satisfactory from a traffic safety perspective.
Proximity of Moving Vehicles to Outdoor Play Area
The proximity of moving and parked vehicles to the outdoor play area has been duly
considered. The Traffic Plan indicates that the probability of a vehicle colliding into the
outdoor play area is low. Vehicles will be traveling in a low speed environment which is
restricted to 10km/h and are likely to be aware of the presence of a child care centre.
Furthermore, control measures including bollards suitably spaced will be incorporated
into the design to minimise the risk of errant vehicles colliding into the outdoor play
area. A condition of consent is recommended to ensure that bollards are spaced at a
maximum distance of 2 metres. Additionally, a condition of consent will be
recommended to ensure that the bollards are structurally sound and certified by a
suitably qualified person. Combined with the traffic calming measures detailed above,
the proximity of moving and parked vehicles to the outdoor play area is considered to be
reasonably safe.
Traffic Flow Along the Internal Access Way Adjacent to the Outdoor Play Area
Traffic flow and volume along the internal access way adjacent to the outdoor play area
was considered. Traffic counts were carried out within the internal access way over a 7
day period between 19 March and 26 March 2015. The traffic counts revealed an
average weekday two-way traffic volume of 173 vehicle movements per day. The AM
peak was recorded between 11:00am to 12:00pm whilst the PM peak was recorded
between the 1:00pm – 2:00pm peak.
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According to the peak hour movement rates for child care centres as stipulated by the
RMS ‘Guide to Traffic Generating Developments’, the proposed child care centre would
generate in the order of 84 vehicle movements during AM peak and 106 vehicle
movements during PM peak inclusive of staff. The Traffic Plan stipulated that at least
10% of the vehicle movements would be generated by staff that will park in the
dedicated basement level. Additionally, the Traffic Plan also suggests that 60% of
inbound traffic movements will approach via the access way fronting the child care
centre with the remaining traffic utilising the one-way access point on the western side
of the site. Based on these assumptions, the access way would generate 1 vehicle
movement a minute during AM and PM peak periods and 1 vehicle movement every 3
minutes during the early PM peak period. This volume of traffic is relatively low in a
traffic context and combined with the traffic calming and safety measures proposed, it is
considered that traffic safety afforded to the proposed child care centre is satisfactory.
The Traffic Plan was subsequently peer reviewed by Getex who provided the initial
hazard assessment. No objections were raised to the findings of the Traffic Plan subject
to the recommendations being implemented. Accordingly, the recommendations of the
report are to be imposed as a condition of consent.
2. Issues Raised in Submissions
The application was placed on exhibition for a period of 14 days from 15 January 2015 to
29 January 2015. One submission was received during the exhibition period. The
comments made within the submission are addressed below.
ISSUE/OBJECTION COMMENT OUTCOME
Concern is raised that the
proposed use will result in
increased traffic/parking
congestion.
The proposed child care centre will
accommodate a maximum of 105
children. The traffic generation
expected from the proposed use is
considered to be relatively low within
the context of the Norwest Business
Park.
Additionally, a Parking Demand
Assessment has been carried out
which indicates that on-site parking
for the proposed use is satisfactory.
Issued
addressed.
Concern is raised that the
proposed use will result in
increased noise pollution.
The application was accompanied by
an Acoustic Report prepared by a
suitably qualified Acoustic Engineer.
The report concluded that the
operations of the child care centre
with respect to noise generation will
not exceed the noise level criteria as
specified by the Childcare Centre
Noise Assessment 2008 prepared by
the Association of Australian
Acoustical Consultants.
Council’s Environmental Health Officer
has reviewed the Acoustic Report and
has raised no objections subject to
acoustic measures being implemented
Issue addressed.
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
PAGE 19
ISSUE/OBJECTION COMMENT OUTCOME
to ensure that noise generation does
not exceed 59dB(A). Further a
condition of consent has also been
recommended for the submission of a
Noise Management Plan to identify
measures and appropriate actions to
minimise noise generation on site.
Concern is raised that the
proposed use will result in
air pollution.
The proposed child care centre will
not generate offensive air emissions
given the nature of the proposed use.
Issue addressed.
ENVIRONMENT AND HEALTH COMMENTS
The development application has been referred to Council’s Environment and Health
Officer for review. In response, no objections were raised subject to conditions of
consent.
RESOURCE RECOVERY COMMENTS
The development application has been referred to Council’s Resource Recovery Officer
for review. In response, no objections were raised subject to conditions of consent.
ENGINEERING COMMENTS
The development application has been referred to Council’s Development Engineer for
review. In response, no objections were raised subject to conditions of consent.
FIRE SAFETY COMMENTS
The development application has been referred to Council’s Fire Safety Officer for review.
In response, no objections were raised subject to conditions of consent.
CONCLUSION
This application has been evaluated in accordance with Section 79C of the Environmental
Planning and Assessment Act 1979 and is considered satisfactory. Variations to The Hills
Local Environmental Plan 2012 and the Hills Development Control Plan 2012 as proposed
have been addressed in this report. The concerns raised in the submission received do
not warrant further amendment or refusal of the application.
It is considered that the application is worthy of support. Accordingly approval subject to
conditions is recommended.
IMPACTS
Financial
This matter has no direct financial impact upon Council’s adopted budget or forward
estimates.
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
PAGE 20
The Hills Future - Community Strategic Plan
The social and environmental impacts have been identified and addressed in the report.
The proposal offers a reasonable design that does not comprise the character of the
locality and the Shire as a whole.
RECOMMENDATION
The application be approved subject to conditions of consent.
GENERAL MATTERS
1. Development in Accordance with Submitted Plans
The development being carried out in accordance with the following approved plans and
details, stamped and returned with this consent except where amended by other
conditions of consent.
REFERENCED PLANS AND DOCUMENTS
DRAWING NO. DESCRIPTION REVISION DATE
A-00 Site Analysis Plan prepared
by Cyclo Office Interiors
C 16/12/2014
A-02 General Layout Plan
prepared by Cyclo Office
Interiors
C 16/12/2014
A-03 Partition Plan prepared by
Cyclo Office Interiors
C 16/12/2014
LA1492 Landscape Concept Plan
prepared by Greenscape
Design and Associates
A 12/12/2014
No work (including excavation, land fill or earth reshaping) shall be undertaken prior to
the issue of the Construction Certificate, where a Construction Certificate is required.
2. Building Work to be in Accordance with BCA
All building work must be carried out in accordance with the provisions of the Building
Code of Australia.
3. Construction Certificate
Prior to construction of the approved development, it is necessary to obtain a
Construction Certificate. A Construction Certificate may be issued by Council or an
Accredited Certifier. Plans submitted with the Construction Certificate are to be amended
to incorporate the conditions of the Development Consent.
4. NSW Children (Education and Care Services) Supplementary Provisions
Regulation 2012
The design of the child care centre must conform to the requirements of the NSW
Children (Education and Care Services) Supplementary Provisions Regulation 2012.
5. Acoustic Requirements
The recommendations of the Acoustic Assessment and Report prepared by Acoustic Logic
Pty Ltd, referenced as 20141442.1, dated 12 December 2014 and submitted as part of
the Development Application are to be implemented as part of this approval. In
particular:
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
PAGE 21
- Glazing on the windows facing Windsor Rd shall be minimum 10.38mm laminated
with acoustic seals around the perimeter which provides Rw 35;
- Glazing on the western façade shall be minimum 6.38mm laminated with acoustic
seals around the perimeter which provides Rw 31;
- Ceiling of the proposed outdoor play areas shall be absorptive with minimum NRC
rating 0.7;
- Western boundary of the outdoor play areas shall be a minimum 1.5m high
imperforated balustrade / fence. The material of the fence shall be 5mm glass or
6mm FC Sheet or equal;
- Minimum 6.38mm laminated glazing for facades of indoor play area with acoustic
seals around perimeter which provides Rw rating 31;
- All doors/windows remain closed except to let people in or out;
- Signs reminding staff and visitors to minimise noise generated by the children
whenever practical and possible; and
- Install a contact phone number at the front of the centre so that any complaints
regarding centre operation can be made.
6. Environmental Health Assessment Requirements
The recommendations of the Environmental Health Assessment and Report prepared by
Getex Pty Ltd, referenced as 3 Columbia Court, Baulkham Hills dated 15 December 2014
and the letter prepared by Getex Pty Ltd, dated 2 March 2015 and submitted as part of
the Development Application are to be implemented as part of this approval. In
particular:
- Erect a barrier that is designed to stop the vehicle and prevent debris going into
the child play area. The barrier is to be designed by a suitably qualified engineer;
- Atmospheric monitoring is to be undertaken once the centre is in operation to
ensure that air quality will not impact upon the health of children. Should the air
quality present a risk to children, measures are to be incorporated to mitigate the
impact to the satisfaction of Council.
7. Clause 94 Considerations
Under clause 94 of the Environmental Planning & Assessment Regulation, the following
fire safety/Building Code of Australia (BCA) works are to be undertaken with the
construction certificate works and are to be completed prior to the issue of the
occupation certificate:
i. Emergency lighting is to be upgraded and provided to all areas used by
the public in the class 9b portion of the premises in accordance with AS
2293.1 - 2005 and E4 of the Building Code of Australia (BCA)
ii. Existing air handling systems (other than non - ducted individual rooms
with a capacity of not more than 1000 l/s and miscellaneous exhaust
systems) within the premises are to be provided with automatic shutdown
in accordance with NSW Table E2.2b of the BCA
8. Adherence to Waste Management Plan
All requirements of the Waste Management Plan submitted to and approved by Council
must be implemented during the construction and/ or demolition phases of the
development, as well as the ongoing management phase. The information submitted can
change provided that the same or a greater level of reuse and recycling is achieved as
detailed in the plan. Any material moved offsite is to be transported in accordance with
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
PAGE 22
the requirements of the Protection of the Environment Operations Act 1997 and only to a
place that can lawfully be used as a waste facility. Receipts of all waste/ recycling tipping
must be kept onsite at all times and produced in a legible form to any authorised officer
of the Council who asks to see them.
9. Management of Construction and/ or Demolition Waste
Any waste generated as a result of construction and/ or demolition for the development
is to be reused and recycled where possible, and any residual waste is to be disposed of
at a licenced waste facility. Waste materials must be appropriately stored and secured
within a designated waste area onsite at all times, prior to its reuse onsite or being sent
offsite. Building waste containers are not permitted to be placed on public property at
any time unless a separate application is approved by Council to locate a building waste
container in a public place. Receipts of all waste/ recycling tipping must be kept onsite at
all times and produced in a legible form to any authorised officer of the Council who asks
to see them.
10. Construction of Waste Storage Area
All work involving construction of the waste storage area is required to comply with the
requirements of Council’s ‘Commercial/Industrial Waste Storage Area Specifications’. A
copy of the specifications is available at www.thehills.nsw.gov.au
11. Protection of Public Infrastructure
Council must be notified of any damage to public infrastructure caused by the
development. Adequate protection must be provided prior to work commencing and
maintained during building operations. Any damage caused must be made good, to the
satisfaction of Council, before an Occupation Certificate can be issued. Public
infrastructure includes the road pavement, kerb and gutter, concrete footpaths, drainage
structures, utilities and landscaping fronting the site.
12. Vehicular Access and Parking
The formation, surfacing and drainage of all driveways, parking modules, circulation
roadways and ramps are required, with their design and construction complying with:
a) AS/ NZS 2890.1
b) AS/ NZS 2890.6
c) AS 2890.2
d) Council’s DCP Part C Section 1 – Parking
e) Council’s Driveway Specifications
Where conflict exists the Australian Standard must be used.
The following must be provided:
i. The existing aisle width dimension behind the existing car parking spaces (which
is to be partly enclosed and partly converted to a pedestrian walkway with
bollards) is to be maintained. None of the existing aisle width is to be encroached
with new structure/ walkway/ bollards.
ii. All driveways and car parking areas must be prominently and permanently line
marked, signposted and maintained to ensure entry and exit is in a forward
direction at all times and that parking and traffic circulation is appropriately
controlled.
iii. All driveways and car parking areas must be separated from landscaped areas by
a low level concrete kerb or wall.
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
PAGE 23
iv. All driveways and car parking areas must be concrete or bitumen. The design
must consider the largest design service vehicle expected to enter the site. In
rural areas, all driveways and car parking areas must provide for a formed all
weather finish.
v. All driveways and car parking areas must be graded, collected and drained by pits
and pipes to a suitable point of legal discharge.
13. Provision of Parking Spaces
The development is required to be provided with 34 off-street car parking spaces. These
car parking spaces shall be available for off street parking at all times.
14. Separate application for signs
A separate application is to be submitted to, and approved by, Council prior to the
erection of any advertisements or advertising structures.
15. Separate application for fit-out and occupation of Administration Office
Should the learning space be used for any other purpose including an administration
office, a separate application for the fit-out and occupation must be submitted.
PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE
16. Section 94A Contribution
Pursuant to section 80A (1) of the Environmental Planning and Assessment Act 1979,
and The Hills Section 94A Contributions Plan, a contribution of $6,030 shall be paid to
Council. This amount is to be adjusted at the time of the actual payment in accordance
with the provisions of the Hills Section 94A Contributions Plan.
The contribution is to be paid prior to the issue of the Construction Certificate or
Complying Development Certificate.
You are advised that the maximum percentage of the levy for development under
section 94A of the Act having a proposed construction cost is within the range specified
in the table below;
Proposed cost of the development Maximum percentage of the levy
Up to $100,000 Nil
$100,001 - $200,000 0.5 %
More than $200,000 1%
17. Security Bond Requirements
A security bond may be submitted in lieu of a cash bond. The security bond must:
a) Be in favour of The Hills Shire Council;
b) Be issued by a financial institution or other accredited underwriter approved by,
and in a format acceptable to, Council (for example, a bank guarantee or
unconditional insurance undertaking);
c) Have no expiry date;
d) Reference the development application, condition and matter to which it relates;
e) Be equal to the amount required to be paid in accordance with the relevant
condition;
f) Be itemised, if a single security bond is used for multiple items.
Should Council need to uplift the security bond, notice in writing will be forwarded to the
applicant 14 days prior.
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
PAGE 24
18. Security Bond – Road Pavement and Public Asset Protection
In accordance with Section 80A(6)(a) of the Environmental Planning and Assessment Act
1979, a security bond of $5,000 is required to be submitted to Council to guarantee the
protection of the road pavement and other public assets in the vicinity of the site during
construction works.
The bond must be lodged with Council before a Construction Certificate is issued.
The bond is refundable upon written application to Council and is subject to all work
being restored to Council’s satisfaction. Should the cost of restoring any damage exceed
the value of the bond, Council will undertake the works and issue an invoice for the
recovery of these costs.
DURING CONSTRUCTION
19. Construction and Fit-out of Food Premises
To ensure that adequate provision is made for the cleanliness and maintenance of all
food preparation areas, all work involving construction or fitting out of the premises shall
comply with the requirements of Australian Standard AS 4674-2004 – Design,
construction and fit-out of food premises and the provisions of the Food Standards Code
(Australia). This includes, but is not limited to:
The intersection of floors with walls and exposed plinths in food preparation,
storage and servery areas are to be coved.
All walls are to be solid construction. Solid construction is defined as brick,
concrete blocks, structural fibrous cement or preformed panels that are filled with
suitable material.
Pipes and conduits adjacent to walls are to be set a minimum of 25mm off wall
face with brackets. Pipes and conduits entering floors, walls or ceilings are to be
fitted with a flange and all gaps fully sealed.
Hand wash basins:
o Must be provided, not obstructed and accessible at bench height and no
further than 5 metres from any place where open food is handled or
prepared; and
o Must be fitted with a tap that operates hands free with a permanent
supply of warm running potable water delivered through a single outlet.
Note: Copies of AS 4674-2004 may be obtained from www.saiglobal.com by visiting the
website: www.saiglobal.com and copies of the Food Safety Standards Code (Australia)
may be obtained from Food Standards Australia New Zealand by visiting the following
website www.foodstandards.gov.au.
20. Hours of Work
Work on the project to be limited to the following hours: -
Monday to Saturday - 7.00am to 6.00pm;
No work to be carried out on Sunday or Public Holidays.
The builder/contractor shall be responsible to instruct and control sub-contractors
regarding the hours of work. Council will exercise its powers under the Protection of the
Environment Operations Act, in the event that the building operations cause noise to
emanate from the property on Sunday or Public Holidays or otherwise than between the
hours detailed above.
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
PAGE 25
PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE
21. Certification of Bollards
Prior to the issue of the Occupation Certificate documentation prepared by a suitably
qualified person is required to be submitted to Council certifying that the bollards are
spaced a maximum distance of 2 metres apart and are structurally adequate to
withstand the force of vehicle collisions.
22. Compliance with Traffic Plan
The recommendations contained within Section 5 of the Traffic Plan prepared by Cardno
and dated 21 April 2015 are to be incorporated into the design of the development. In
particular, the following recommendations are to be adopted:
The speed hump to the immediate south is proposed to be relocated slightly to
the west to slow eastbound vehicles approaching the set-down area;
A speed hump is proposed to be installed at the base of the ramp to the Building
C - Level 2 car park to slow westbound vehicles approaching the set-down area;
A central dividing line is proposed on the north-south accessway at the frontage
of the childcare centre to regulate northbound vehicles approaching the set-down
area;
'Pedestrian Warning' signs are recommended on the eastbound, westbound and
northbound approaches to the parking area;
Speed hump signage is recommended where applicable;
A 'Stop' sign is recommended on the northbound approach to the parking area,
The existing 'No Access past this point' sign should be removed; and
23. Noise Management Plan
A noise management plan is required to be prepared and submitted to Council’s Manager
Health and Environment prior to the issue of an occupation certificate. The noise
management plan shall address all activities likely to cause noise from the childcare
centre and proposed actions to be taken to alleviate any offensive noise.
24. Food Shop Registration requirements
Occupation of the premises shall not occur until:
a) The food business is registered with Council by completing and submitting the
Registration of Food Business form available from Council’s website; and
b) Notification to the NSW Food Authority under Food Safety Standard 3.2.2 Division 2
Section 4 Notification is completed. This requirement is to be met by notifying via
website www.foodnotify.nsw.gov.au.
25. Acoustic Compliance Report
The acoustic consultant shall progressively inspect the installation of the required noise
suppressant components as recommended in report titled 20141442.1 prepared by
Acoustic Logic Pty Ltd dated 12th December 2014. Certification is to be provided.
26. Food Premises Final Inspection
Prior to the issuing of an Occupation Certificate, the food premises shall be inspected by
an Authorised Officer of The Hills Shire Council under the Food Act 2003, to determine
compliance with the Food Act 2003, Food Safety Standards and Australian Standard
4674:2004: Design Construction and Fit-out of Food Premises.
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
PAGE 26
27. Section 73 Certificate must be submitted to the Principal Certifying
Authority before the issuing of an Occupation Certificate
A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained
from Sydney Water Corporation.
Make early application for the certificate, as there may be water and sewer pipes to be
built and this can take some time. This can also impact on other services and building,
driveway or landscape design.
Application must be made through an authorised Water Servicing Coordinator. For help
either visit www.sydneywater.com.au > Building and developing > Developing your land
> water Servicing Coordinator or telephone 13 20 92.
The Section 73 Certificate must be submitted to the Principal Certifying
Authority before occupation of the development/release of the plan of
subdivision.
THE USE OF THE SITE
28. Number of Staff and Children
The child care centre must operate with a maximum of seventeen (17) employees with a
maximum capacity of 105 places, with the following age-groups:
0-2 years: 31 children
2-3 years: 31 children
3-5 years: 43 children
Any variation to the above requires separate development consent.
29. Noise management plan must be kept in centre.
A copy of the Noise Management Plan is to be available in the childcare centre at all
times and is to be made available to Council officers upon request.
30. Noise to Surrounding Area
There shall be no amplified music or speakers external to the building.
31. Final Acoustic Reports
Within three months of the start of operations an acoustic compliance assessment is to
be carried out by an appropriately qualified person, in accordance with the NSW EPA's -
Industrial Noise Policy and submitted to Council’s Manager - Environment and Health for
consideration.
A further acoustic compliance assessment is required to be undertaken once the centre
is operating at full capacity, if the centre was not operating at full capacity for the
assessment undertaken at three months.
Both of these reports should include but not be limited to, details verifying that the noise
control measures as recommended in the acoustic report and the projected noise levels
predicted in the report that was submitted with the application are effective in
attenuating noise to an acceptable noise level and that the activities does not give rise to
“offensive noise” as defined under the Protection of the Environment Operation Act 1997.
32. Offensive Noise - Acoustic Report
The proposed use of the premises and/or machinery equipment installed must not create
offensive noise so as to interfere with the amenity of the neighbouring properties. Every
effort is to be made to ensure that noise from children playing does not exceed 59dB (A)
in the courtyard between building A & B, as is outlined in the Acoustic Report submitted
with the application. Noise management controls are to be implemented at all times.
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
PAGE 27
Should an offensive noise complaint be received and verified by Council an acoustic
assessment is to be undertaken (by an appropriately qualified consultant), and an
acoustic report is to be submitted to Council’s Manager – Environment and Health for
review. Any noise attenuation recommendations approved by Council must be
implemented.
33. Waste and Recycling Management
To ensure the adequate storage and collection of waste from the occupation or use of
the premises, all garbage and recyclable materials emanating from the premises must be
stored in a designated waste storage area, which includes provision for the storage of all
waste generated on the premises between collections. Arrangement must be in place in
all areas of the development for the separation of recyclable materials from garbage. All
waste storage areas must be screened from view from any adjoining residential property
or public place. Ideally waste storage containers should be kept inside the unit and under
no circumstances should waste storage containers be stored in locations that restrict
access to any of the car parking spaces provided onsite.
34. Waste and Recycling Collection
All waste generated onsite must be removed at regular intervals. The collection of waste
and recycling must not cause nuisance or interfere with the amenity of the surrounding
area. Garbage and recycling must not be placed on public property for collection without
the formal approval of Council. Waste collection vehicles servicing the development are
not permitted to reverse in or out of the site.
35. Hours of Operation
The hours of operation being restricted to the following: -
- Monday to Friday - 7:00am to 6:00pm
Any alteration to the above hours of operation will require the further approval of
Council.
ATTACHMENTS
1. Locality Plan
2. Aerial Photograph
3. Floor Plan
4. Landscape Plan
5. Car Parking Plan
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
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ATTACHMENT 1 – LOCALITY PLAN
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ATTACHMENT 2 – AERIAL PHOTOGRAPH
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ATTACHMENT 3 – FLOOR PLAN
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ATTACHMENT 4 – LANDSCAPE PLAN
DEVELOPMENT ASSESSMENT UNIT MEETING 16 JUNE, 2015
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ATTACHMENT 5 – CAR PARKING PLAN