Development Assessment Panel

 

Business Paper

 

date of meeting:

 

Wednesday 24 October 2018

location:

 

Function Room

Port Macquarie-Hastings Council

17 Burrawan Street

Port Macquarie

time:

 

2:00pm

 


Development Assessment Panel

 

CHARTER

 


 

 

1.0     OBJECTIVES

 

To assist in managing Council's development assessment function by providing independent and expert determinations of development applications that fall outside of staff delegations.

 

 

2.0     KEY FUNCTIONS

 

·                To review development application reports and conditions;

·                To determine development  applications  outside  of staff delegations;

·                To  refer development  applications to  Council for  determination  where necessary;

·                To provide a forum for objectors and applicants to make submissions on applications before  the Development Assessment Panel (DAP);

·                To maintain transparency in the determination of development applications.

 

Delegated Authority of Panel

 

Pursuant to Section 377 of the Local Government Act, 1993 delegation to:

·                Determine development applications under Part 4 of the Environmental Planning and Assessment Act 1979 having regard to the relevant environmental planning instruments, development control plans and Council policies.

·                Vary, modify or release restrictions as to use and/or covenants created by Section 88B instruments under the Conveyancing Act 1919 in relation to development applications for subdivisions being considered by the panel.

·                Determine Koala Plans of Management under State Environmental Planning Policy 44 - Koala Habitat Protection associated with development applications being considered by the Panel.

 

Noting the trigger to escalate decision making to Council as highlighted in section 5.2.

 

 

3.0      MEMBERSHIP

 

3.1      Voting Members

 

·                Two independent external members. One of the independent external members to be the Chairperson.

·                Group Manager Development Assessment (alternate - Director Development & Environment or Development Assessment Planner)

 

The independent external members shall have expertise in one or more of the following areas: planning, architecture, heritage, the environment, urban design, economics, traffic and transport, law, engineering, government and public administration.

 

3.2      Non-Voting Members

 

·                Not applicable

3.3      Obligations of members

 

·                Members must act faithfully and diligently and in accordance with    this Charter.

·                Members must comply with Council's Code of Conduct.

·                Except as required to properly perform their duties, DAP members must not disclose any confidential information (as advised by Council) obtained in connection with the DAP functions.

·                Members will have read and be familiar with the documents and information provided by Council prior to attending a DAP                                              meeting.

·                Members must act in accordance with Council's Workplace Health and Safety Policies and Procedures

·                External members of the Panel are not authorised to speak to the media on behalf of Council. Council officers that are members of the Committee are bound by the existing operational delegations in relation to speaking to the media.

·                Staff members shall not vote on matters before the Panel if they have been the principle author of the development assessment report.

 

3.4      Member Tenure

 

·                The independent external members will be appointed for the term of four (4) years maximum in which the end of the tenure of these members would occur in a cascading arrangement.

 

3.5      Appointment of members

 

·                The independent external members (including the Chair) shall be appointed by the General Manager following an external Expression of Interest process.

·                Staff members of the Panel are in accordance with this Charter.

 

 

4.0     TIMETABLE OF MEETINGS

 

·                The Development Assessment Panel will generally meet on the 1st and 3rd Wednesday each month at 2.00pm at the Port Macquarie offices of Council.

·                Special Meetings of the Panel may be convened by the Director Development & Environment Services with three (3) days notice.

 

 

5.0      MEETING PRACTICES

 

5.1      Meeting Format

 

·                At all Meetings of the Panel the Chairperson shall occupy the Chair and preside. The Chair will be responsible for keeping of order at meetings.

·                Meetings shall be open to the   public.

·                The Panel will hear from applicants and objectors or their r e p r e s e n t a t i v e s .

·                Where considered necessary, the Panel will conduct site inspections which will be open to the public.

 

5.2      Decision Making

 

·                Decisions are to be made by consensus. Where consensus is not possible on any item, that item is to be referred to Council for a decision.

·                All development applications involving a proposed variation to a development standard greater than 10% under Clause 4.6 of the Local Environmental Plan will be considered by the Panel and recommendation made to the Council for a decision.

 

5.3      Quorum

 

·                All members (2 independent external members and 1 staff member) must be present at a meeting to form a quorum.

 

5.4      Chairperson and Deputy Chairperson

 

·                Independent Chair (alternate, second independent member)

 

5.5     Secretariat

 

·                The Director Development &n Environment is to be responsible for ensuring that the Panel has adequate secretariat support. The secretariat will ensure that the business paper and supporting papers are circulated at least three (3) days prior to each meeting. Minutes shall be appropriately approved and circulated to each member within three (3) weeks of a meeting being held.

·                The format of and the preparation and publishing of the Business Paper and Minutes shall be similar to the format for Ordinary Council Meetings.

 

5.6      Recording of decisions

 

·                Minutes will record decisions and how each member votes for each item before the Panel.

 

 

6.0     CONVENING OF “OUTCOME SPECIFIC” WORKING GROUPS

 

Not applicable.

 

 

7.0     CONFIDENTIALITY AND CONFLICT OF INTEREST

 

·                Members of the Panel must comply with the applicable provisions of Council’s Code of Conduct. It is the personal responsibility of members to comply with the standards in the Code of Conduct and regularly review their personal circumstances with this in mind.

·                Panel members must declare any conflict of interests at the start of each meeting or before discussion of a relevant item or topic. Details of any conflicts of interest should be appropriately minuted. Where members are deemed to have a real or perceived conflict of interest, it may be appropriate they be excused from deliberations on the issue where the conflict of interest may exist. A Panel meeting may be postponed where there is no quorum.

 

 

8.0     LOBBYING

 

·                All members and applicants are to adhere to Council’s Lobbying policy. Outside of scheduled Development Assessment Panel meetings, applicants, their representatives, Councillors, Council staff and the general public are not to lobby Panel members via meetings, telephone conversations, correspondence and the like. Adequate opportunity will be provided at Panel inspections or meetings for applicants, their representatives and the general public to make verbal submissions in relation to Business Paper items.


Development Assessment Panel

 

ATTENDANCE REGISTER

 

 

 

Member

27/06/18

11/07/28

25/07/18

08/08/18

26/09/18

Paul Drake

P

P

P

A

P

Robert Hussey

P

P

P

P

P

David Crofts

(alternate member)

 

 

 

P

 

Dan Croft

(Acting Director Development & Environment)

Clinton Tink

(Acting GM Development Assessment

(alternates)

- Director Development & Environment

- Development Assessment Planner

P

P

P

P

P

 

Key: P =  Present

         A  =  Absent With Apology

         =  Absent Without Apology

 

 

 


Development Assessment Panel Meeting

Wednesday 24 October 2018

 

Items of Business

 

 

Item       Subject                                                                                                      Page

 

01           Acknowledgement of Country............................................................................ 8

02           Apologies......................................................................................................... 8

03           Confirmation of Minutes.................................................................................... 8

04           Disclosures of Interest..................................................................................... 12

05           DA2018 - 215.1 - Demolition Of Heritage Listed Chimneys Associated With Former Mill Workers Cottages And Interpretation Plan - No. 47 Homedale Road, Kew........................ 16

06           DA2018 - 555.1 Alterations And Additions To Dwelling And Use As A Home Business (Hair And Beauty Salon), Lot 246 DP 828767, No. 10 Spindrift Row, Port Macquarie.......... 86  

07           General Business

 


AGENDA                                              Development Assessment Panel      24/10/2018

Item:          01

Subject:     ACKNOWLEDGEMENT OF COUNTRY

 

"I acknowledge that we are gathered on Birpai Land. I pay respect to the Birpai Elders both past and present. I also extend that respect to all other Aboriginal and Torres Strait Islander people present."

 

 

Item:          02

Subject:     APOLOGIES

 

RECOMMENDATION

That the apologies received be accepted.

 

 

Item:          03

Subject:     CONFIRMATION OF PREVIOUS MINUTES

Recommendation

That the Minutes of the Development Assessment Panel Meeting held on 26 September 2018 be confirmed.

 


MINUTES

Development Assessment Panel Meeting

                                                                                                                                  26/09/2018

 

 

 

 

PRESENT

 

Members:

Paul Drake

Robert Hussey

Dan Croft

 

Other Attendees:

David Troemel

Fiona Tierney

 

 

 

The meeting opened at 2:00pm.

 

 

01       ACKNOWLEDGEMENT OF COUNTRY

The Acknowledgement of Country was delivered.

 

 

02       APOLOGIES

Nil.

 

 

03       CONFIRMATION OF MINUTES

RECOMMENDATION

That the Minutes of the Development Assessment Panel Meeting held on 8 August 2018 be confirmed.

 

 

04      DISCLOSURES OF INTEREST

 

There were no disclosures of interest presented.

 

 

 

05       DA2018 - 525 - Staged Dual Occupancy (attached), Shed, Solar PV system and Pool - 21 Black Swan Terrace, West Haven

 

Speakers:

Roberts Smallwood (applicant)

David Wall (applicant)

 

 

CONSENSUS:

That DA2018 - 525 for a staged dual occupancy (attached), shed, solar PV system and pool at Lot 213, DP 1042231, No. 21 Black Swan Terrace, West Haven, be determined by granting consent subject to the recommended conditions and as amended below:

 

·                Amend condition A(7) to read:

‘The development must only proceed in accordance with the approved stages as set out below:

·      Stage 1: Bulk earthworks and the smaller of the 2 dwellings.

·      Stage 2: Dwelling, pool, shed and solar PV system.

Unless specified, the conditions of this consent will apply to all stages, with any decision on any discrepancy with conditions and associated staging resting with Council. Any decision to allow a change to staging will rest with Council along with applicable conditions and any contributions payable.’

 

·                Amend condition B(3) to read:

          ‘As part of Notice of Requirements by Port Macquarie-Hastings Council as the Water Authority under Section 306 of the Water Management Act 2000, the payment of a cash contribution, prior to the issue of a Construction Certificate, of the Section 64 contributions, as set out in the “Notice of Payment – Developer Charges” schedule attached to this consent unless deferral of payment of contributions has been approved by Council.  The contributions are levied in accordance with the provisions of the relevant Section 64 Development Servicing Plan towards the following:

augmentation of the town water supply headworks

Payment of contributions is not required where it can be demonstrated to the satisfaction of the water authority (Council) that the development can be serviced by one water meter.’

 

 

06       DA2018 - 572 DUAL OCCUPANCY- LOT 90 DP 1223398 NO 15 SAFFRON AVENUE, YIPPIN CREEK

Speakers:

Di Blanch (o)

Greg Chapman (applicant)

 

 

CONSENSUS:

That DA 2018 - 572 for a dual occupancy at Lot 90, DP 1223398, No. 15 Saffron Avenue, Yippin Creek, be determined by granting consent subject to the recommended conditions and as amended below:

  • Additional condition in Section B of the consent to read:

‘Prior to release of the construction certificate amended plans are to be submitted to provide for a 2.5m rear boundary setback to dwelling number 2. The setback is to be increase by ‘shrinking’ the proposal and not decreasing side or front setbacks.’

  • Delete condition E(9).

 

 

07       GENERAL BUSINESS

Nil.

 

 

 

The meeting closed at 2:47pm.

 

 

 

 

 


AGENDA                                              Development Assessment Panel      24/10/2018

Item:          04

Subject:     DISCLOSURES OF INTEREST

 

RECOMMENDATION

 

That Disclosures of Interest be presented

 

DISCLOSURE OF INTEREST DECLARATION

 

 

Name of Meeting:     ………………………………………………………………………..

 

Meeting Date:           ………………………………………………………………………..

 

Item Number:            ………………………………………………………………………..

 

Subject:                      ………………………………………………………………………..

                                    …………………………………………………….……………...…..

 

 

I, ..................................................................................... declare the following interest:

 

 

        Pecuniary:

              Take no part in the consideration and voting and be out of sight of the meeting.

 

 

        Non-Pecuniary - Significant Interest:

              Take no part in the consideration and voting and be out of sight of the meeting.

 

        Non-Pecuniary - Less than Significant Interest:

              May participate in consideration and voting.

 

 

For the reason that:  ....................................................................................................

 

.......................................................................................................................................

 

Name:  …………………………………………………….

 

Signed:  .........................................................................  Date:  ..................................

 

 

Growth Bar b&w(Further explanation is provided on the next page)


 

Further Explanation

(Local Government Act and Code of Conduct)

 

A conflict of interest exists where a reasonable and informed person would perceive that a Council official could be influenced by a private interest when carrying out their public duty. Interests can be of two types: pecuniary or non-pecuniary.

 

All interests, whether pecuniary or non-pecuniary are required to be fully disclosed and in writing.

 

Pecuniary Interest

 

A pecuniary interest is an interest that a Council official has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the Council official. (section 442)

 

A Council official will also be taken to have a pecuniary interest in a matter if that Council official’s spouse or de facto partner or a relative of the Council official or a partner or employer of the Council official, or a company or other body of which the Council official, or a nominee, partner or employer of the Council official is a member, has a pecuniary interest in the matter. (section 443)

 

The Council official must not take part in the consideration or voting on the matter and leave and be out of sight of the meeting.  The Council official must not be present at, or  in sight of, the meeting of the Council at any time during which the matter is being considered or discussed, or at any time during which the council is voting on any question in relation to the matter.  (section 451)

 

Non-Pecuniary

 

A non-pecuniary interest is an interest that is private or personal that the Council official has that does not amount to a pecuniary interest as defined in the Act.

 

Non-pecuniary interests commonly arise out of family, or personal relationships, or involvement in sporting, social or other cultural groups and associations and may include an interest of a financial nature.

 

The political views of a Councillor do not constitute a private interest.

 

The management of a non-pecuniary interest will depend on whether or not it is significant.

 

Non Pecuniary – Significant Interest

As a general rule, a non-pecuniary conflict of interest will be significant where a matter does not raise a pecuniary interest, but it involves:

(a)   A relationship between a Council official and another person that is particularly close, for example, parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the Council official or of the Council official’s spouse, current or former spouse or partner, de facto or other person living in the same household.

(b)   Other relationships that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship.

(c)   An affiliation between a Council official an organisation, sporting body, club, corporation or association that is particularly strong.

 

If a Council official declares a non-pecuniary significant interest it must be managed in one of two ways:

1.     Remove the source of the conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another Council official.

2.     Have no involvement in the matter, by taking no part in the consideration or voting on the matter and leave and be out of sight of the meeting, as if the provisions in section 451(2) apply.

 

Non Pecuniary – Less than Significant Interest

If a Council official has declared a non-pecuniary less than significant interest and it does not require further action, they must provide an explanation of why they consider that the conflict does not require further action in the circumstances.

SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION

 

 

By

[insert full name of councillor]

 

 

In the matter of

[insert name of environmental planning instrument]

 

 

Which is to be considered at a meeting of the

[insert name of meeting]

 

 

Held on

[insert date of meeting]

 

 

PECUNIARY INTEREST

 

 

Address of land in which councillor or an  associated person, company or body has a proprietary interest (the identified land)i

 

 

Relationship of identified land to councillor

[Tick or cross one box.]

 

Councillor has interest in the land (e.g. is owner or has other interest arising out of a mortgage, lease trust, option or contract, or otherwise).

 

Associated person of councillor has interest in the land.

 

Associated company or body of councillor has interest in the land.

 

MATTER GIVING RISE TO PECUNIARY INTEREST

 

 

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject land iii

[Tick or cross one box]

 

The identified land.

 

Land that adjoins or is adjacent to or is in proximity to the identified land.

Current zone/planning control

[Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]

 

Proposed change of zone/planning control

[Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]

 

Effect of proposed change of zone/planning control on councillor

[Tick or cross one box]

 

Appreciable financial gain.

 

Appreciable financial loss.

 

 

 

Councillor’s Name:  …………………………………………

 

Councillor’s Signature:  ……………………………….   Date:  ………………..


 

 

Important Information

 

This information is being collected for the purpose of making a special disclosure of pecuniary interests under sections 451 (4) and (5) of the Local Government Act 1993.  You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular.  Complaints made about contraventions of these requirements may be referred by the Director-General to the Local Government Pecuniary Interest and Disciplinary Tribunal.

 

This form must be completed by you before the commencement of the council or council committee meeting in respect of which the special disclosure is being made.   The completed form must be tabled at the meeting.  Everyone is entitled to inspect it.  The special disclosure must be recorded in the minutes of the meeting.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

i.   Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relativeiv or because your business partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

ii.  Section 442 of the Local Government Act 1993 provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or person liable to pay a charge).

iii.   A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest..

iv.   Relative is defined by the Local Government Act 1993 as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.

 

 

 


AGENDA                                              Development Assessment Panel      24/10/2018

 

 

Item:          05

 

Subject:     DA2018 - 215.1 - Demolition Of Heritage Listed Chimneys Associated With Former Mill Workers Cottages And Interpretation Plan - No. 47 Homedale Road, Kew

Report Author: Patrick Galbraith-Robertson

 

 

 

Applicant:               Yevrah Super Pty Ltd & Jones Investment P/L CARE GEM Planning Projects

Owner:                    Yevrah Super Pty Ltd & Jojeni Investments Pty Ltd

Estimated Cost:     $2,000

Parcel no:               61584

Alignment with Delivery Program

4.3.1  Undertake transparent and efficient development assessment in accordance with relevant legislation.

 

 

 

 

RECOMMENDATION

That DA2018 – 215.1 for a demolition of heritage listed chimneys associated with former mill workers’ cottages and Interpretation Plan at Lot 1, DP 1161722, No. 47 Homedale Road, Kew, be determined by granting consent subject to the recommended conditions.

 

Executive Summary

 

This report considers a Development Application for a demolition of heritage listed chimneys associated with former mill workers’ cottages and Interpretation Plan at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

 

Following exhibition of the application, six (6) submissions have been received.

 

The proposal has been amended during the assessment of the application inclusive of addition of an Interpretation Management Plan proposed with options for reinterpreting aspect of the heritage item including interpretation of one(1) of the former mill workers cottages (and one chimney).

 

An extract photo of the two (2) chimneys currently on-site is shown below:

 

The application has been in with Council for a considerable length of time to resolve important heritage implications of the proposal. Council’s nominated Heritage Advisor has been involved in the assessment and recommendations for the proposal.

 

The Applicant has provided satisfactory amended documentation throughout the assessment process which has assisted with the assessment and justification of the suitability of the proposal which now includes positive outcome for retention of the heritage item’s significance.

 

1.       BACKGROUND

 

Existing sites features and surrounding development

 

The site has an area of 14.18 hectares.

 

The site is zoned RU1 primary production in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

 

 

An existing consent (DA2007 – 132) as modified and active for a two (2) lot Torrens title and 58 lot community title subdivision applies to the land. The proposal does not propose to change this subdivision.

 

The property is located at the southern end of Homedale Road, Kew and lies within the Port Macquarie-Hastings local government area. The two (2) chimneys, which are the only visible remains of former mill workers’ cottages, are located in the north western corner of the property. The chimneys are the only visible remains of what is believed to have been six (6) mill worker cottages numbered three and six.

 

The existing subdivision pattern and location of existing development within the locality is shown in the following aerial photographs (2012 and nearmap July 2018):

 

 

The approximate location of the chimneys is shown below:

 

 

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the proposal, as amended, include the following:

 

·    Demolition of two (2) existing chimneys associated with former mill workers’ cottages

·    Reinterpretation of one (1) of the former will workers’ cottages including reconstructing one (1) chimney – Three (3) Options proposed in Interpretation Plan

 

Refer to attachments at the end of this report including a copy of the proposed Interpretation Strategy.

 

Photo extracts of the existing chimneys (northern chimney then southern chimney) are shown below:

 

Application Chronology

 

·    20 March 2018 – DA lodged with Council

·    4 April 2018 – Additional information requested – fees, owner’s consent and cost of works

·    5 April 2018 – Additional information received

·    10 April 2018 – Council’s nominated Heritage Advisor specialist comments received

·    12 to 25 April 2018 – Exhibition of proposal via neighbour notification and advertisement in local newspaper

·    19 April 2018 – Extension of exhibition period granted

·    22 May 2018 - Council’s nominated Heritage Advisor specialist comments received – Interpretation recommended

·    3 August 2018 – Heritage Interpretation Management Strategy received

·    14 August 2018 - Council’s nominated Heritage Advisor specialist comments received – initial review of Interpretation Strategy

·    4 September 2018 – Copies of redacted submissions provided to Applicant and latest Heritage Advisor’s advice

·    7 September 2018 – Additional information received from Applicant – response to submissions and Heritage Advisor’s advice

·    11 September 2018 – Final Heritage Advisor advice provided to assessing officer.

 

3.       STATUTORY ASSESSMENT

 

Section 4.15(1) Matters for Consideration

 

In determining the application, Council is required to take into consideration the following matters as are relevant to the development that apply to the land to which the development application relates:

 

(a)     The provisions (where applicable) of:

(i)      Any Environmental Planning Instrument:

 

State Environmental Planning Policy No. 44 - Koala Habitat Protection

 

With reference to clauses 6 and 7, the subject land is greater than 1 hectare (including any adjoining land under same ownership) and therefore the provisions of SEPP must be considered.

 

The application has demonstrated that no habitat will be removed or modified therefore no further investigations are required.

 

State Environmental Planning Policy No.55 – Remediation of Land

 

Following an inspection of the site and a search of Council records, the subject land is not identified as being potentially contaminated and is suitable for the intended use.

 

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

 

Given the nature of the proposed development, the proposal will be unlikely to have any adverse impact on existing aquaculture industries within the Camden Haven River.

 

State Environmental Planning Policy (Rural Lands) 2008

 

The following assessment table provides an assessment against specific requirements of this SEPP:

 

 

Applicable clauses for consideration

  Comments

Satisfactory

The existing uses and approved uses of land in the vicinity of the development - 10(3)(a)

The proposal is for demolition and reinterpretation of a current listed heritage item – former mills worker cottage. No land use conflicts can be identified with the proposal

Yes

 

Whether or not the development is likely to have a significant impact on land uses that, in the opinion of the consent authority, are likely to be preferred and the predominant land uses in the vicinity of the development – 10(3)(b)

Whether or not the development is likely to be incompatible with a use referred to in paragraph (a) or (b) – 10(3)(c)

If the land is not situated within a rural residential zone, whether or not the development is likely to be incompatible with a use on land within an adjoining rural residential zone – 10(3)(d)

N/A

N/A

Any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d) – 10(3)(e).

No specific mitigation measures considered necessary.

Yes

 

Port Macquarie-Hastings Local Environmental Plan 2011

 

The proposal is consistent with the LEP having regard to the following:

 

·    Clause 2.2, the subject site is zoned RU1 primary production.

 

The objectives of the RU1 primary production zone are as follows:

 

To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

To encourage diversity in primary industry enterprises and systems appropriate for the area.

To minimise the fragmentation and alienation of resource lands.

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

 

In accordance with Clause 2.3(2), the proposal is consistent with the zone objectives having regard to the following:

 

the proposal is a permissible landuse;

no adverse land use conflicts or loss of significant agricultural land resource can be identified

·    Clause 2.5 – additional permitted uses – the site is identified in Schedule 1 as permitting a community title subdivision. The subject proposal does not involve any landuse that requires consideration of this clause. There is a subdivision consent in place consistent with the permitted landuse.

·    Clause 2.7, the demolition requires consent as it does not fit within the provisions of SEPP (Exempt and Complying) 2008.

·   Clause 5.10 – Heritage:

-      The chimneys are an item of local environmental heritage under Schedule 5 of Port Macquarie-Hastings Local Environment Plan (LEP) 2011. A Development Application has been lodged to demolish and reinterpret one of the mill workers’ cottages (as amended).

-      The Applicant has submitted satisfactory specialist structural information by Alan Taylor and Associates to justify that the structural integrity of the chimneys is unsound, potentially dangerous and should be demolished.

-      Council’s nominated Heritage Advisor has provided specialist advice on several occasions and most recently on the recommendations of the Interpretation Strategy submitted during the assessment of the DA. A copy of the Interpretation Strategy is attached to this report.

-   The following final recommendations provided by Council’s Heritage Advisor are as follows and are considered appropriate and recommended to be supported with the exception that the public reserve dedication be considered with any future rezoning of the site and the final construction plans for the interpretation structures be approved by Council’s nominated Heritage Advisor prior to construction commencing:

                  

“Option 1- Establish a Public Reserve and incorporate reconstructed Chimneys and cottages- I would suggest two off and go further in identifying the footprint of the other four, now demolished / destroyed cottages. Interpretative plaquing would accompany this. This is my preferred option.”

 

I was not privileged to information that a “heritage” bricklayer had assessed the chimneys and advised that there were only sufficient bricks to reconstruct one chimney with full integrity. In this case the feasible outcome is to reconstruct one of the chimneys.

 

As the Planning Consultant has advised that the location of the other 4 cottages is unknown precisely, to outline a footprint would be conjectural. Therefore that is not pertinent to pursue and if it were it would possibly be misleading.

 

The chimney that is not being reconstructed should have its footprint (not that of the cottage) but the known chimney footprint, marked on the site, in a manner to be determined in the future, so as not to delay the making safe of the site.  

 

I believe and confirmed that Option 1 was a good outcome and indeed will clearly be a better result than simply removing the chimneys. I recommend approval for the demolition on this basis.

 

Option 1 in more detail is as follows:

 

OPTION 1

PUBLIC RESERVE INCORPORATING RECONSTRUCTION CHIMNEY AND COTTAGE (preferred)

·    Reconstruct one of the chimneys on its current location using the bricks from both chimneys,

·    Interpret the mill worker’s cottage associated with the chimney with a simple frame structure that the chimney was once part of, and

·    Interpret the history of the property with interpretive panels.              The panels could be of metal and attached to timber pylons/posts.

This option would be conditional upon incorporating the reconstructed chimney and worker’s cottage structure in a public reserve.

 

Appropriate conditions are recommended to address the above requirements, timing for completion of works from demolition and construction requirements.

 

An example image extract is shown below of a potential interpretation:

 

·    Clause 7.1, the site is partly mapped as potentially containing class 1, 2 and 3 acid sulfate soils. The proposed development includes works which are well clear of the potential acid sulphate soils therefore no adverse impacts are expected to occur.

 

·    Clause 7.3, the site is land within a partly mapped “flood planning area” (Land subject to flood discharge of 1:100 annual recurrence interval flood event (plus the applicable climate change allowance and relevant freeboard). In this regard, the proposed works are well clear and above the mapped flood planning area with no specific considerations required for the proposal.

 

(ii)     Any draft instruments that apply to the site or are on exhibition:

 

No draft instruments apply to the site.

 

(iii)    Any Development Control Plan in force:

 

Port Macquarie-Hastings Development Control Plan 2013

 

There are no specific requirements in this DCP to consider for the proposal with the exception that the proposal has been exhibited in accordance with the Community Participation section of the DCP.

 

(iiia)  Any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4:

 

No planning agreement has been offered or entered into relating to the proposal and the site.

 

iv)     Any matters prescribed by the Regulations:

 

Demolition of buildings AS 2601 – Clause 92

 

Demolition of the existing chimneys on the site is capable of compliance with this Australian Standard and is recommended to be conditioned.

 

(a)(v) Any Coastal Zone Management Plan

·          No Coastal Zone Management Plan applies to the subject site.

 

(b)     The likely impacts of that development, including environmental impacts on both the natural and built environments, social and economic impacts in the locality:

 

Context and setting

The site has access to Homedale Road via an existing right of carriageway across the northern property.

 

The property has frontage to the Camden Haven River to the west.

 

The proposal will be unlikely to have any adverse impacts to existing adjoining properties or the public domain.

 

The proposal (as amended) including the proposed reinterpreted cottage and proposed interpretative panels will be unlikely to result in any adverse impacts to neighbouring properties.

 

Any potential future impacts of creating a public reserve will need to be considered as part of any future rezoning process and/or as part of being accommodated within a community lot within the current approved active community title subdivision on the site.

 

Traffic and Transport

No changes are proposed to the existing arrangements for access to the site and it is noted that an existing driveway access is servicing a dwelling currently on the site. The existing driveway can provide sufficient private access to the heritage item until further subdivision at a later date if that occurs.

 

Heritage

The proposal directly relates to demolition and reinterpretation of heritage listed mill workers’ cottages and one chimney on the site.

 

Other land resources

The site is within an established urban context and will not sterilise any significant mineral or agricultural resource.

 

Water cycle

The proposed development will be unlikely to have any adverse impacts on water resources and the water cycle.

 

Soils

The proposed development will be unlikely to have any adverse impacts on soils in terms of quality, erosion, stability and/or productivity subject to a standard condition requiring erosion and sediment controls to be in place prior to and during any new construction.

 

Air and microclimate

The construction and/or operations of the proposed development will be unlikely to result in any adverse impacts on the existing air quality or result in any pollution. Standard precautionary site management condition recommended.

 

Flora and fauna

Construction of the proposed development will not require any removal/clearing of any significant vegetation and therefore will be unlikely to have any significant adverse impacts on biodiversity or threatened species of flora and fauna.  Section 5A of the Act is considered to be satisfied.

 

Waste

No adverse impacts anticipated. Standard precautionary site management condition recommended.

 

Energy

No adverse impacts anticipated.

 

Noise and vibration

No adverse impacts anticipated. Condition recommended to restrict construction to standard construction hours.

 

Bushfire

The site is identified as being bushfire prone. The subject structures including reinterpreted structures are not to be habitable and unlikely to subject to any identifiable bushfire risk subject to management of an appropriate Asset Protection Zone around the perimeter of the heritage item. Access is available from Homedale Road in the event of a bushfire emergency.

 

Safety, security and crime prevention

The proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area. 

 

Social impacts in the locality

Given the nature of the proposed development and its’ location the proposal is unlikely to result in any adverse social impacts.

 

Economic impact in the locality

No adverse impacts. A likely positive impact is that the development will maintain employment in the construction industry, which will lead to flow impacts such as expenditure in the area.

 

Site design and internal design

The proposed development design satisfactorily responds to the site attributes and will fit into the locality. No adverse impacts likely.

 

Construction

No potential adverse impacts identified to neighbouring properties with the construction of the proposal.

 

Cumulative impacts

The proposed development is not expected to have any adverse cumulative impacts on the natural or built environment or the social and economic attributes of the locality.

 

(c)     The suitability of the site for the development:

 

The proposal, as amended, will fit into the locality and the site attributes are conducive to the proposed development.

 

Site constraints of the heritage item have been adequately addressed and appropriate conditions of consent recommended.

 

(d)     Any submissions made in accordance with this Act or the Regulations:

 

Six(6) written submissions have been received following public exhibition of the application. One (1) submission is in support of the proposal as amended including the interpretation of one the Struggle town cottages.

 

Key issues/themes raised in the submissions received and comments in response to these issues are provided as follows:

 

Submission Issue/Summary

Planning Comment/Response

Object to demolishing one of most significant landmarks in district.

A Development Application has been lodged with Council which has been subject to extensive planning assessment and public consultation. The Applicant has amended their proposal following public exhibition to propose an Interpretation Plan with Option 1 being deemed suitable to support and is now considered to be a good practical outcome for ongoing protection and recognition of this important heritage item.

Refer to additional comments earlier in this report and in the attached Interpretation Plan to this report.

Due care has not been taken to protect the chimneys.

The chimneys being the last remnant of an historic site, should remain where they currently stand and hopefully in the future some form of Heritage funding will be available to restore them to their original state.

Strongly support the interpretation of one of the Struggle Town cottages.

Noted.

Plan to collect the bricks from the chimneys and move them to a site adjacent to the Visitor Information Centre at Kew strongly opposed to.

The proposal has been amended to include interpretation of one of the Struggle Town cottages on-site.

The communities of Kew and Kendall are very proud of their timber milling history and the charm of the area is largely due to older buildings and items of heritage value being preserved.

Noted and recognised during the extensive planning assessment and public consultation process.

With modern technology and appropriately experienced tradespeople, that the restoration of the chimneys could be achieved and they could be retained to enhance the new residential subdivision and to provide a link to the heritage of the area.

The proposal has been amended to include interpretation of one of the Struggle Town cottages. Only one of the chimneys are proposed to be reinterpreted.

Is there any planned open space within the development site that could protect and interpret this heritage and history.

The Applicant has amended their proposal to propose an Interpretation Plan with Option 1 being deemed suitable to support and will be a good outcome for ongoing protection and recognition of the heritage item.

A public reserve is not proposed at this stage and will need to be considered with any future rezoning of the site.

This part of the Port Macquarie-Hastings area is very much lacking in public open space facilities and turning this place into a pretty place for all members of the public to enjoy would be greatly received in the community.

 

(e)     The Public Interest:

 

The proposed development satisfies relevant planning controls as justified and is likely to positively impact on the wider public interest with retention of the heritage significance of the site.

 

 

4.       DEVELOPMENT CONTRIBUTIONS APPLICABLE

 

No development contributions are applicable to the proposal.

 

5.       CONCLUSION AND STATEMENT OF REASON

 

The application has been assessed in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979.

 

Issues raised during assessment and public exhibition of the application have been considered in the assessment of the application. Where relevant, conditions have been recommended to manage the impacts attributed to these issues.

 

The site is considered suitable for the proposed development and the proposal adequately addresses relevant planning controls. The development is not considered to be contrary to the public's interest and will not result a significant adverse social, environmental or economic impact. It is recommended that the application be approved, subject to the recommended conditions of consent provided in the attachment section of this report.

 

Attachments

 

1View. DA2018 - 215.1 Recommended Conditions

2View. DA2018 - 215.1 SOEE

3View. DA2018 - 215.1 Interpretation Strategy Final - The Chimneys, Kew

4View. DA2018 - 215.1 Engineering Report

 


  ATTACHMENT

Development Assessment Panel

24/10/2018

 


 


 


  ATTACHMENT

Development Assessment Panel

24/10/2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


  ATTACHMENT

Development Assessment Panel

24/10/2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


  ATTACHMENT

Development Assessment Panel

24/10/2018

 


 


 


 


 


 


 


 


 


 


 


AGENDA                                              Development Assessment Panel      24/10/2018

 

 

Item:          06

 

Subject:     DA2018 - 555.1 Alterations And Additions To Dwelling And Use As A Home Business (Hair And Beauty Salon), Lot 246 DP 828767, No. 10 Spindrift Row, Port Macquarie

Report Author: Chris Gardiner

 

 

 

Applicant:               G S & J A Thompson

Owner:                    G S & J A Thompson

Estimated Cost:     $98,000

Parcel no:               22548

Alignment with Delivery Program

4.3.1  Undertake transparent and efficient development assessment in accordance with relevant legislation.

 

 

 

 

RECOMMENDATION

That DA 2018 – 555.1 for Alterations and Additions to Dwelling and Use as a Home Business (Hair and Beauty Salon) at Lot 246, DP 828767, No. 10 Spindrift Row, Port Macquarie, be determined by granting consent subject to the recommended conditions.

 

Executive Summary

 

This report considers a development application for alterations and additions to dwelling and use as a home business (hair and beauty salon) at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

 

Following exhibition of the application, five (5) submissions have been received.

 

 

1.       BACKGROUND

 

Existing sites features and surrounding development

 

The site has an area of 750.9m2.

 

The site is zoned R1 General Residential in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

 

http://pmhq-v-gtx01.pmhc.nsw.gov.au/Geocortex/Essentials/GXE471/REST/TempFiles/EBP%20Layout.jpg?guid=45509fc9-e6b4-43d4-a411-bde890505883&contentType=image%2Fjpeg

The existing subdivision pattern and location of existing development within the locality is shown in the following aerial photograph:

 

http://pmhq-v-gtx01.pmhc.nsw.gov.au/Geocortex/Essentials/GXE471/REST/TempFiles/EBP%20Layout.jpg?guid=94b03172-ba2e-46a5-869c-4a87484b2f57&contentType=image%2Fjpeg

 

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the proposal include the following:

 

·    Single storey alterations and additions to the existing dwelling;

·    Use of the addition as a home business (hair and beauty salon);

·    Erection of a small business identification sign.

 

Refer to attachments at the end of this report.

 

Application Chronology

 

·    25 July 2018 – Application lodged.

·    30 August 2018 to 12 September 2018 – Neighbour notification.

·    19 September 2018 – Amended plans submitted by the Applicant.

·    21 September 2018 – Additional information requested.

·    4 October 2018 – Additional information and amended plans submitted by Applicant.

 

3.       STATUTORY ASSESSMENT

 

Section 4.15(1) Matters for Consideration

 

In determining the application, Council is required to take into consideration the following matters as are relevant to the development that apply to the land to which the development application relates:

 

(a)     The provisions (where applicable) of:

(i)      Any Environmental Planning Instrument:

 

State Environmental Planning Policy No. 44 - Koala Habitat Protection

 

There is no Koala Plan of Management on the site. Additionally, the site is less than 1ha in area therefore no further investigations are required.

 

State Environmental Planning Policy No. 55 – Remediation of Land

 

Following an inspection of the site and a search of Council records, the subject land is not identified as being potentially contaminated and is suitable for the intended use.

 

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

 

Given the nature of the proposed development and proposed stormwater controls the proposal will be unlikely to have any adverse impact on existing aquaculture industries.

 

State Environmental Planning Policy No. 64 – Advertising and Signage

 

The proposed development includes proposed advertising signage in the form of a single business identification sign.

 

In accordance with clause 7, this SEPP prevails over the Port Macquarie-Hastings LEP 2011 in the event of any inconsistency.

 

The following assessment table provides an assessment checklist against the Schedule 1 requirements of this SEPP:

 

Applicable clauses for consideration

Comments

Satisfactory

Clause 8(a) Consistent with objectives of the policy as set out in Clause 3(1)(a).

The proposed signage complies with the subject Clause. In particular, the proposed signage is not excessive in scale and will not significantly impact on streetscape.

Yes

Schedule 1(1) Character of the area.

The area has a residential character and there is no signage in the immediate locality. The proposed business identification sign is of a low scale and height and is not expected to compromise the character of the area, noting that signs of up to 1m2 on a building wall or fence are permitted in residential zones as Exempt Development.

 

Yes

Schedule 1(2) Special areas.

The site is in a residential zone. See comments above regarding the character of the area.

Yes

Schedule 1(3) Views and vistas.

 

No views or vistas impacted.

Yes

Schedule 1(4) Streetscape, setting or landscape.

 

The proposed signage is not excessive, and would fit into the streetscape setting.

Yes

Schedule 1(5) Site and building.

 

The proposed signage fits in with the site and location of buildings.

Yes

Schedule 1(6) Associated devices and logos with advertisements and advertising structures.

None proposed.

N/A

Schedule 1(7) Illumination.

 

No illumination proposed.

N/A

Schedule 1(7) Safety.

The signage will create no safety impacts.

Yes

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

 

A BASIX certificate (A323254) has been submitted demonstrating that the proposal will comply with the requirements of the SEPP. It is recommended that a condition be imposed to ensure that the commitments are incorporated into the development and certified at Occupation Certificate stage.

 

Port Macquarie-Hastings Local Environmental Plan 2011

 

The proposal is consistent with the LEP having regard to the following:

·    Clause 2.2, the subject site is zoned R1 General Residential. In accordance with clause 2.3(1) and the R1 zone landuse table, the alterations and additions to a dwelling and home business are a permissible landuse with consent.

 

The objectives of the R1 zone are as follows:

To provide for the housing needs of the community.

To provide for a variety of housing types and densities.

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

 

In accordance with Clause 2.3(2), the proposal is consistent with the zone objectives as it is a permissible landuse and provides a service for residents in the locality.

 

It is noted that by definition a home business includes the following restrictions;

 

home business means a business that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve:

(a)   the employment of more than 2 persons other than those residents, or

(b)   interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or

(c)   the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or

(d)   the exhibition of any signage (other than a business identification sign), or

(e)   the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,

but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.

 

Conditions are recommended confirming the neighbourhood amenity and retailing restrictions above.

 

·    Clause 4.3, the maximum overall height of the building above ground level (existing) is 4.36m which complies with the standard height limit of 8.5m applying to the site.

·    Clause 4.4, the floor space ratio of the proposal is 0.23:1 which complies with the maximum 0.65:1 floor space ratio applying to the site.

·    Clause 5.4 – The floor area of the proposed home business is 24m2 and does not exceed the maximum permitted floor area of 60m2.

·    Clause 5.10 – Heritage. The site does not contain or adjoin any known heritage items or sites of significance.

·    Clause 7.13, satisfactory arrangements are in place for provision of essential services including water supply, electricity supply, sewer infrastructure, stormwater drainage and suitable road access to service the development.

 

(ii)     Any draft instruments that apply to the site or are on exhibition:

 

No draft instruments apply to the site.

 

 

 

(iii)    Any Development Control Plan in force:

 

Port Macquarie-Hastings Development Control Plan 2013

 

DCP 2013: Dwellings, Dual occupancies, Dwelling houses, Multi dwelling houses & Ancillary development

 

Requirements

Proposed

Complies

3.2.2.1

Ancillary development:

4.8m max. height

Single storey

60m2 max. area

100m2 for lots >900m2

24 degree max. roof pitch

Not located in front setback

No ancillary development proposed.

N/A

3.2.2.2

Articulation zone:

Min. 3m front setback

An entry feature or portico

A balcony, deck, patio, pergola, terrace or verandah

A window box treatment

A bay window or similar feature

An awning or other feature over a window

A sun shading feature

No elements within the articulation zone.

 

 

N/A

Front setback (Residential not R5 zone):

Min. 6.0m classified road

Min. 4.5m local road

Min. 3.0m secondary road

Min. 2.0m Laneway

Front building line setback is compliant with the minimum 4.5m front setback requirements.

Yes

3.2.2.3

Garage 5.5m min. and 1m behind front façade.

Garage door recessed behind building line or eaves/overhangs provided

Existing garage with no changes proposed.

N/A

 

 

6m max. width of garage door/s and 50% max. width of building

Existing garage with no changes proposed.

N/A

Driveway crossover 1/3 max. of site frontage and max. 5.0m width

Existing driveway with no changes proposed.

N/A

3.2.2.4

4m min. rear setback. Variation subject to site analysis and provision of private open space

Proposed addition is setback 11.475m from rear boundary.

Yes

3.2.2.5

Side setbacks:

Ground floor = min. 0.9m

 

The minimum side setback requirements are complied with.

Yes

3.2.2.6

35m2 min. private open space area including a useable 4x4m min. area which has 5% max. grade

Proposed additions would not affect existing compliant open space area.

Yes

3.2.2.7

Front fences:

If solid 1.2m max height and front setback 1.0m  with landscaping

3x3m min. splay for corner sites

Fences >1.2m to be 1.8m max. height for 50% or 6.0m max. length of street frontage with 25% openings

0.9x0.9m splays adjoining driveway entrances

No front fences proposed.

N/A

3.2.2.8

Front fences and walls to have complimentary materials to context

No chain wire, solid timber, masonry or solid steel front fences

No front fences proposed.

N/A

3.2.2.10

Privacy:

Direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings. ie. 1.8m fence or privacy screening which has 25% max. openings and is permanently fixed

Privacy screen required if floor level > 1m height, window side/rear setback (other than bedroom) is less than 3m and sill height less than 1.5m

Privacy screens provided to balconies/verandahs etc which have <3m side/rear setback and floor level height >1m

The proposed addition for a home business would have a floor level below the natural ground level at the fence line along the side boundary. Existing boundary fence is considered to provide adequate privacy screening.

 

The southern elevation of the addition has only a single window with 2.36m sill height.

Yes

3.2.2.11

Roof terraces

N/A

NA

3.2.2.13 onwards

Jetties and boat ramps

N/A

NA

 

DCP 2013: General Provisions

 

Requirements

Proposed

Complies

2.7.2.2

Design addresses generic principles of Crime Prevention Through Environmental Design guideline

No concealment or entrapment areas proposed. Adequate casual surveillance available.

Yes

2.3.3.1

Cut and fill 1.0m max. 1m outside the perimeter of the external building walls

Cut and fill <1.0m change 1m outside the perimeter of the external building walls

Yes

2.3.3.2

1m max. height retaining walls along road frontage

None proposed

N/A

Any retaining wall >1.0 in height to be certified by structure engineer

Retaining wall maximum 0.95m high.

N/A

Combination of retaining wall and front fence height max 1.8m, max length 6.0m or 30% of frontage, fence component 25% transparent, and splay at corners and adjacent to driveway

No retaining wall front fence combination proposed.

N/A

2.3.3.8

Removal of hollow bearing trees

No trees proposed to be removed.

N/A

2.6.3.1

Tree removal (3m or higher with 100m diameter trunk at 1m above ground level and 3m from external wall of existing dwelling)

No trees proposed to be removed.

N/A

2.4.3

Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater

Refer to main body of report.

 

2.5.3.2

New accesses not permitted from arterial or distributor roads

No new access proposed to arterial or distributor road.

N/A

Driveway crossing/s minimal in number and width including maximising street parking

No change to existing crossover proposed.

N/A

2.5.3.3

Parking in accordance with Table 2.5.1.

Dwelling requirements + 1 space for visitors + 1 space per 2 employees.

2 spaces in garage, plus stacked parking in driveway suitable for 2 vehicles. The submitted Statement of Environmental Effects indicates that the resident will be the only employee. The two parking spaces in the driveway are therefore expected to be available for customers. A condition is recommended requiring the parking spaces to be available for use during the trading hours for the home business.

Yes

2.5.3.11

Section 94 contributions

Refer to main body of report.

N/A

2.5.3.12 and 2.5.3.13

Landscaping of parking areas

Single dwelling only with 1 domestic driveway. No specific landscaping requirements recommended.

N/A

2.5.3.14

Sealed driveway surfaces unless justified

Sealed driveway existing.

Yes

2.2.2.1

Signs primarily identifying products or services are not acceptable, even where relating to products or services available on that site.

Proposed sign is a business identification sign and does not relate to products or services.

Yes

Signage is not permitted outside property boundaries except where mounted upon buildings and clear of pedestrians and road traffic. No signage is permitted upon light or power poles or upon the nature strip (the area between the property boundary and constructed roadway). Limited directional

signage and “A” frame signage may separately be approved by Council under the Roads Act 1993 or section 68 of the Local government Act 1993.

All proposed signage is within the property boundaries.

Yes

An on-building 'chalkboard' sign, for the purpose of describing services or goods for sale which vary on a regular basis generally should not be any larger than 1.5m2, and should contain a sign written heading indicating the premises to which it refers.

None proposed.

n/a

On-premise signs should not project above or to the side of building facades

N/A

N/A

2.2.2.2

Where there is potential for light spill from signage in a non residential zone adjoining or adjacent to residential development, illuminated signage is to be fitted with a time switch to dim by 50% or turn off the light by 11pm each night, depending on the nature of the development.

Signage not proposed to be illuminated.

N/A

 

 

(iiia)  Any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4:

 

No planning agreement has been offered or entered into relating to the site.

 

iv)     Any matters prescribed by the Regulations:

 

Demolition of buildings AS 2601:

 

The proposal includes some minor demolition work and a condition is recommended to ensure that the work is carried out in accordance with the Australian Standard.

 

(b)     The likely impacts of that development, including environmental impacts on both the natural and built environments, social and economic impacts in the locality:

 

The proposal is considered to be compatible with other residential development in the locality and adequately addresses planning controls for the area.

 

The proposal does not have a significant adverse impact on existing view sharing.

 

The proposal does not have significant adverse lighting impacts.

 

There are no significant adverse privacy impacts.

 

There is no adverse overshadowing impacts. The proposal does not prevent adjoining properties from receiving 3 hours of sunlight to private open space and primary living areas on 21 June.

 

Access, Traffic and Transport

The proposal will be unlikely to have any adverse impacts in terms access, transport and traffic. The Statement of Environmental Effects indicates that the business will have approximately 5 customers per day. The existing road network will satisfactorily cater for any increase in traffic generation as a result of the development.

 

Sewer Connection

The site has an existing sewer connection and the proposed addition can drain to the existing point of connection. Hair traps will be required in wash basins and dry basket arrestors in any floor waste in the salon. Details required with S.68 application.

 

Water Supply Connection

Service available – details required with S.68 application.

 

Stormwater

The site currently drains to a kerb adaptor in Spindrift Row. The proposed addition is capable of connecting to the existing drainage system. Details required with S.68 application.

 

Other Utilities

Telecommunication and electricity services are available to the site.

 

Heritage

This site does not contain or adjoin any known heritage item or site of significance.

 

Other land resources

The site is within an established urban context and will not sterilise any significant mineral or agricultural resource.

 

Water cycle

The proposed development will be unlikely to have any adverse impacts on water resources and the water cycle.

 

Soils

The proposed development will be unlikely to have any adverse impacts on soils in terms of quality, erosion, stability and/or productivity subject to a standard condition requiring erosion and sediment controls to be in place prior to and during construction.

 

Air and microclimate

The construction and/or operations of the proposed development will be unlikely to result in any adverse impacts on the existing air quality or result in any pollution. Standard precautionary site management condition recommended.

 

Flora and fauna

Construction of the proposed development will not require any removal/clearing of any significant vegetation and therefore will be unlikely to have any significant adverse impacts on biodiversity or threatened species of flora and fauna.  Part 7 of the Biodiversity Conservation Act is considered to be satisfied.

 

Waste

Satisfactory arrangements are in place for proposed storage and collection of waste and recyclables. No adverse impacts anticipated. Standard precautionary site management condition recommended.

 

Energy

The proposal includes measures to address energy efficiency and will be required to comply with the requirements of BASIX.

 

Noise and vibration

The submitted Statement of Environmental Effects indicates that the proposed hours of operation for the business are 9.00am to 5.00pm Monday to Friday (with extended hours to 7.00pm on Thursdays) for 3 days per week on average. Following consideration of the submissions received on the application, the Applicant has amended the proposed hours to 9.00am to 5.00pm Monday to Friday, and 9.00am to 1.00pm Saturdays.

 

The proposed hours are considered to be reasonable in a residential context and a condition is recommended restricting hours to those proposed.

 

Noise from the operation of the home business is expected to be manageable, with the loudest equipment used in the salon being a hand-held hair dryer. The building has been designed with only a single fixed glass window on the southern elevation which would reduce potential noise impacts on the closest neighbour to the south. A condition is recommended prohibiting offensive noise from being generated by the proposal.

 

Condition also recommended restricting construction to standard construction hours.

 

Bushfire

The site is not identified as being bushfire prone.

 

Safety, security and crime prevention

The proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area.

 

Social impacts in the locality

Given the nature of the proposed development and its’ location the proposal is unlikely to result in any adverse social impacts.

 

Economic impact in the locality

No adverse impacts. A likely positive impact is that the development will maintain employment in the construction industry, which will lead to flow impacts such as expenditure in the area.

 

Site design and internal design

The proposed development design satisfactorily responds to the site attributes and will fit into the locality. No adverse impacts likely.

 

Construction

No potential adverse impacts identified to neighbouring properties with the construction of the proposal.

 

Cumulative impacts

The proposed development is not expected to have any adverse cumulative impacts on the natural or built environment or the social and economic attributes of the locality.

 

(c)     The suitability of the site for the development:

 

The proposal will fit into the locality and the site attributes are conducive to the proposed development.

 

(d)     Any submissions made in accordance with this Act or the Regulations:

 

Five (5) written submissions have been received following public exhibition of the application.

 

Key issues raised in the submissions received and comments in response to these issues are provided as follows:

 

Submission Issue/Summary

Planning Comment/Response

Proposed hours of operation are not clearly defined and operation until 7.00pm would have adverse amenity impacts on neighbours.

Following consideration of the submissions received on the application, the Applicant has amended the proposed hours to 9.00am to 5.00pm Monday to Friday, and 9.00am to 1.00pm Saturdays. The hours can be confirmed by condition.

Use of a skip bin for waste management would affect the streetscape and result in unsafe storage of hairdressing chemicals.

The skip bin is only proposed for waste management during the construction phase. Operational waste is proposed to be managed using the existing residential bin service.

The parking spaces noted in the application to be available for customers are regularly used for parking vehicles owned by the residents. This will result in customers parking in the street in front of neighbouring residences.

The Applicant has advised that construction of the garage is yet to be completed, and some internal work is still being carried out. Once completed, the garage would provide two parking spaces for the residents’ vehicles.

 

Section 4.15(3A)(a) of the Environmental Planning and Assessment Act 1979 provides that if a development satisfies a standard set in a DCP, the consent authority cannot impose a more onerous standard in relation to that aspect of the development. As the proposal satisfies the minimum parking requirement in the DCP, additional off-street parking cannot be required.

 

However, to ensure that the parking on site remains available for use by residents and customers, a condition is recommended requiring parking in the garage to be available for use by residents and parking at the top of the driveway to be available for customers at all times that the home business is operating.

The building additions appear to be designed to allow for future expansion of the business beyond a sole trader.

Following the notification of the proposal, the Applicant has reduced the floor area of the addition that is proposed to be used for the purpose of a home business and confirmed the intention for the business to be operated as a sole trader. A condition is recommended preventing the employment of any additional staff.

Excavation for the proposed retaining wall would potentially impact the stability of the dividing fence.

Given the proximity of the retaining wall to the boundary, a condition is recommended requiring engineering certification of the structural adequacy of the retaining wall.

The proposed development would significantly increase traffic in the street.

The Statement of Environmental Effects indicates that the business will have approximately 5 customers per day (10 vehicle trips). The existing road network will satisfactorily cater for any increase in traffic generation as a result of the development.

A Social Impact Assessment should be submitted for the proposed development.

Council’s Social Impact Assessment Policy does not require a Social Impact Assessment for home businesses.

Loss of property values in the locality.

Relevant case law confirms that this is not a matter that can be given weight in the assessment of the application.

If the proposal is approved, Council should impose conditions requiring the Applicant to provide double glazing of lounge room windows, privacy screens along the proposed porch addition and footpath, planting mature trees within the adjoining property to the south, and to pay half the cost of a higher dividing fence.

The proposed development is not considered to create a nexus for the suggested works to the neighbouring property. Cost-sharing for the dividing fence is a matter to be determined under the Dividing Fences Act 1991, and Council cannot make a ruling on this matter.

The site has a narrow street frontage and is located on a bend with neighbouring driveways in close proximity. There is no opportunity for street parking in the site frontage, which would lead to customers/residents parking in front of other properties in the street. The steepness of the driveway would discourage customers from utilising the off-street parking.

 

Conditions recommended requiring residents to park in the garage when the business is operating to ensure that parking in the driveway is available for customers, and requiring customers to be advised to park on the driveway when they make a booking.

The limitations of street parking in the site frontage are noted, and it is agreed that any customers choosing to park in the street are likely to do so in front of other properties in the locality. However, as noted earlier in this report, the proposal meets the minimum parking requirements in the DCP and the consent authority cannot impose more onerous requirements in this regard.

 

The driveway grades are less than the maximum permitted under AS2890, and the proposed customer parking is therefore considered to be safely accessible.

 

Given the limitations on street parking it is important to ensure that the off-street parking proposed is available for use by residents and customers, and conditions have been recommended in this regard.

Amenity impacts on No 8 Spindrift Row from customers accessing the business via the footpath, and customers congregating on the porch.

As the proposal is for one hairdresser and the Statement of Environmental Effects indicates that the business is likely to have a maximum of 5 customers per day, it is not expected that the development would create potential for customers to congregate outside the building or create significant amenity impacts on neighbours.

All activities should be contained within the building and windows and doors closed during operation.

This would be an effective means of managing noise from the proposed home business. However, quieter aspects of the use would likely allow window/doors to be open for ventilation without affecting the amenity of neighbours. It is not considered necessary to impose a condition that is this specific, as a general condition is recommended regarding offensive noise.

Any outside air conditioning unit should be located at the rear of the addition.

The submitted plans do not show any air conditioning unit proposed. Any air conditioning unit would need to be sited in accordance with the requirements of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Safety impacts of customers backing out of the driveway.

The driveway grades are less than the maximum permitted under AS2890, and the site has safe sight distance in both directions.

Visual impact of proposed sign and loss of residential character.

The proposed business identification sign is of a low scale and height and is not expected to compromise the character of the area, noting that signs of up to 1m2 on a building wall or fence are permitted in residential zones as Exempt Development.

(e)     The Public Interest:

 

The proposed development satisfies relevant planning controls and is unlikely to impact on the wider public interest.

 

 

4.       DEVELOPMENT CONTRIBUTIONS

 

·    Development contributions will not be required towards augmentation of town water supply and sewerage system head works under Section 64 of the Local Government Act 1993.

·    Development contributions will not be required under Section 94 of the Environmental Planning and Assessment Act 1979 towards roads, open space, community cultural services, emergency services and administration buildings.

 

 

5.       CONCLUSION AND STATEMENT OF REASON

 

The application has been assessed in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979.

 

Issues raised during assessment and public exhibition of the application have been considered in the assessment of the application. Where relevant, conditions have been recommended to manage the impacts attributed to these issues.

 

The site is considered suitable for the proposed development and the proposal adequately addresses relevant planning controls. The development is not considered to be contrary to the public's interest and will not result a significant adverse social, environmental or economic impact. It is recommended that the application be approved, subject to the recommended conditions of consent provided in the attachment section of this report.

 

Attachments

 

1View. DA2018 - 555.1 Recommended Conditions

2View. DA2018 - 555.1 Plans

 


  ATTACHMENT

Development Assessment Panel

24/10/2018

 


 


 


 


  ATTACHMENT

Development Assessment Panel

24/10/2018