Agenda of Development Assessment Panel

AGENDA Development Assessment Panel 23/01/2019

Item: 05

Subject: DA2018 - 562.1 Demolition of Existing Buildings, Consolidation and Boundary Adjustment, and Construction of Seniors Housing at Lots 10 - 13 DP 861177, Lot 1 DP 782560, Lot 1 DP 393967, Lot 1 DP 390610, Lot 1 DP 1053812, Lot 1 DP 121189, Lot 1 DP 795534, Lot 1 DP 151300, Lot 3 and 4 DP 347796, No. 15 - 21 Cameron Street and 3 Young Street, Wauchope

Report Author: Chris Gardiner

Applicant: Wauchope RSL Club Ltd

Owner: Wauchope RSL Club Ltd

Estimated Cost: $3,400,000

Parcel no: 48892, 29551, 29550, 29549, 41145, 25876, 29212, 41146, 29214, 3551, 29215, 29210

Alignment with Delivery Program

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

RECOMMENDATION

That DA2018 – 562.1 for Demolition of Existing Buildings, Consolidation and Boundary Adjustment, and Construction of Seniors Housing at Lots 10 - 13 DP 861177, Lot 1 DP 782560, Lot 1 DP 393967, Lot 1 DP 390610, Lot 1 DP 1053812, Lot 1 DP 121189, Lot 1 DP 795534, Lot 1 DP 151300, Lot 3 and 4 DP 347796, No. 15 – 21 Cameron Street and No. 3 Young Street, Wauchope, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for demolition of existing buildings, consolidation and boundary adjustment, and construction of seniors housing 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, one submission has been received.

1. BACKGROUND

Existing sites features and surrounding development

The site has an area of approximately 1.1 hectares.

The site is zoned B4 Mixed Use in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

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

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· Demolition of existing dwellings and outbuildings;

· Consolidation and boundary adjustment to create one lot containing the RSL Club, and one lot containing the seniors housing;

· Construction of seniors housing comprising 15 single storey self-care units.

Refer to attachments at the end of this report.

Application Chronology

· 27 July 2018 – Application lodged.

· 3 August 2018 to 16 August 2018 – Neighbour notification.

· 7 September 2018 – Site inspected by assessing officer.

· 17 September 2018 – Additional information requested from Applicant.

· 19 October 2018 – Additional information submitted.

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

In accordance with Clause 6, the land has an area greater than 1 hectare and the SEPP applies.

The land does not meet the definition of potential koala habitat in accordance with Clause 7. Therefore, no further consideration of the SEPP is required.

State Environmental Planning Policy No. 55 – Remediation of Land

Lot 1 DP 782560, which comprises the existing car park to the west of the RSL Club building, is identified as being potentially contaminated. This lot is included in the development only to the extent that it is part of the proposed consolidation of the existing lots on which the RSL Club is located.

The proposed seniors housing development is located well clear of this lot and is considered to be 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 signage in the form of business/building identification.

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).	Signage consistent with the objectives of the SEPP.	Yes
Schedule 1(1) Character of the area.	The site is in an area characterised by a mix of residential and commercial uses. The proposed signage wall adjacent to the Cameron Street access is compatible with the residential character of the development as well as nearby commercial uses.	Yes
Schedule 1(2) Special areas.	Proposal would not detract from the character of any special areas.	Yes
Schedule 1(3) Views and vistas.	The sign would not obscure any existing views or vistas.	Yes
Schedule 1(4) Streetscape, setting or landscape.	The scale and proportions of the signage are appropriate for the existing, and likely future streetscape.	Yes
Schedule 1(5) Site and building.	The signage wall is consistent with the height and scale of the proposed buildings and would not dominate the streetscape.	Yes
Schedule 1(6) Associated devices and logos with advertisements and advertising structures.	None proposed.	N/A
Schedule 1(7) Illumination.	Signage not proposed to be illuminated.	Yes
Schedule 1(7) Safety.	The sign is not expected to adversely affect traffic, cyclist, or pedestrian safety.	Yes

State Environmental Planning Policy (Coastal Management) 2018

The site is located within a coastal environment area.

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

Having regard to clauses 13 of the SEPP the proposed development is not considered likely to result in any of the following:

a) any adverse impact on integrity and resilience of the biophysical, hydrological (surface and groundwater) and ecological environment;

b) any adverse impacts coastal environmental values and natural coastal processes;

c) any adverse impacts on marine vegetation, native vegetation and fauna and their habitats, undeveloped headlands and rock platforms;

d) any adverse impact on marine vegetation, native vegetation and fauna and their habitats, undeveloped headlands and rock platforms;

e) any adverse impact on Aboriginal cultural heritage, practices and places;

f) any adverse impacts on the cultural and built environment heritage;

g) any adverse impacts the use of the surf zone;

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

A BASIX certificate 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.

State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

Clause	Proposed	Complies
4. Land to which Policy applies
Policy applies to land within New South Wales that is land zoned primarily for urban purposes or land that adjoins land zoned primarily for urban purposes, but only if: (a) development for the purpose of any of the following is permitted on the land: (i) dwelling-houses, (ii) residential flat buildings, (iii) hospitals, (iv) development of a kind identified in respect of land zoned as special uses, including (but not limited to) churches, convents, educational establishments, schools and seminaries, or (b) the land is being used for the purposes of an existing registered club.	The site is zoned B4 within the urban context of Wauchope. Residential flat buildings are permissible in the zone. Part of the land subject the application currently contains a registered club, but the boundary adjustment and consolidation proposed in the application would ultimately result in the seniors housing being on a separate lot to the registered club.	Yes
5. Relationship to other environmental planning instruments
If this Policy is inconsistent with any other environmental planning instrument, made before or after this Policy, this Policy prevails to the extent of the inconsistency.	Consistent with other planning instruments.	Yes
8. Seniors
In this Policy, seniors are any of the following: (a) people aged 55 or more years, (b) people who are resident at a facility at which residential care (within the meaning of the Aged Care Act 1997 of the Commonwealth) is provided, (c) people who have been assessed as being eligible to occupy housing for aged persons provided by a social housing provider.	The development is proposed to be occupied by seniors. A restriction on the occupation of the units in accordance with the SEPP will be applied in the conditions of approval for the development.	Yes
9. People with a disability
In this Policy, people with a disability are people of any age who have, either permanently or for an extended period, one or more impairments, limitations or activity restrictions that substantially affect their capacity to participate in everyday life.	The development is proposed to be occupied by seniors. A restriction on the occupation of the units in accordance with the SEPP has been included in the recommended conditions of approval for the development.	Yes
10. Seniors housing
In this Policy, seniors housing is residential accommodation that is, or is intended to be, used permanently for seniors or people with a disability consisting of: (a) a residential care facility, or (b) a hostel, or (c) a group of self-contained dwellings, or (d) a combination of these, but does not include a hospital. Note. The concept of seniors housing is intended to be a shorthand phrase encompassing both housing for seniors and for people with a disability. This Policy deals with both kinds of housing. Accommodation provided by seniors housing does not have to be limited to seniors or people with a disability. Clause 18 provides that seniors housing may be used for the accommodation of the following: (a) seniors or people who have a disability, (b) people who live within the same household with seniors or people who have a disability, (c) staff employed to assist in the administration of and provision of services to housing provided under this Policy. Relevant classifications in the Building Code of Australia for the different types of residential accommodation are as follows: (a) Class 3, 9a or 9c in relation to residential care facilities, (b) Class 1b or 3 in relation to hostels, (c) Class 1a or 2 in relation to self contained dwellings.	The proposal is defined as self-contained dwellings.	Yes
13. Self-contained dwellings
1) General term: “self-contained dwelling” In this Policy, a self-contained dwelling is a dwelling or part of a building (other than a hostel), whether attached to another dwelling or not, housing seniors or people with a disability, where private facilities for significant cooking, sleeping and washing are included in the dwelling or part of the building, but where clothes washing facilities or other facilities for use in connection with the dwelling or part of the building may be provided on a shared basis. (2) Example: “in-fill self-care housing” In this Policy, in-fill self-care housing is seniors housing on land zoned primarily for urban purposes that consists of 2 or more self-contained dwellings where none of the following services are provided on site as part of the development: meals, cleaning services, personal care, nursing care. (3) Example: “serviced self-care housing” In this Policy, serviced self-care housing is seniors housing that consists of self-contained dwellings where the following services are available on the site: meals, cleaning services, personal care, nursing care.	Each unit is provided with its own kitchen, living areas, laundry, bathroom and bedrooms. Occupants will live independently.	Yes
18. Restrictions on occupation of seniors housing allowed under this Chapter
(1) Development allowed by this Chapter may be carried out for the accommodation of the following only: (a) seniors or people who have a disability, (b) people who live within the same household with seniors or people who have a disability, (c) staff employed to assist in the administration of and provision of services to housing provided under this Policy. (2) A consent authority must not consent to a development application made pursuant to this Chapter unless: (a) a condition is imposed by the consent authority to the effect that only the kinds of people referred to in subclause (1) may occupy any accommodation to which the application relates, and (b) the consent authority is satisfied that a restriction as to user will be registered against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, limiting the use of any accommodation to which the application relates to the kinds of people referred to in subclause (1). (3) Subclause (2) does not limit the kinds of conditions that may be imposed on a development consent, or allow conditions to be imposed on a development consent otherwise than in accordance with the Act.	A restriction on the occupants in accordance with the SEPP will be applied as a condition of consent.	Yes
19. Use of seniors housing in commercial zones
Development allowed by this chapter for the purposes of seniors housing does not include the use for residential purposes of any part of the ground floor of a building that fronts a street if the building is located on land that is zoned primarily for commercial purposes unless another environmental planning instrument permits the use of all of the building for residential purposes.	The site is zoned B4 which permits residential flat buildings. Provision of residential units are permissible on the ground floor within the zone.	Yes
23. Development on land used for the purposes of an existing registered club (1)A consent authority must not consent to a development application made pursuant to this Chapter to carry out development on land that is used for the purposes of an existing registered club unless the consent authority is satisfied that: (a) the proposed development provides for appropriate measures to separate the club from the residential areas of the proposed development in order to avoid land use conflicts, and (b) an appropriate protocol for managing the relationship between the proposed development and the gambling facilities on the site of the club in order to minimise harm associated with the misuse and abuse of gambling activities by residents of the proposed development. (2) For the purposes of subclause (1) (a), some of the measures to which a consent authority may have regard include ( but are not limited to) the following: (a)any separate pedestrian access points for the club and the residential areas of the proposed development, (b) any design principles underlying the proposed development aimed at ensuring acceptable noise levels in bedrooms and living areas in the residential areas of the proposed development.	Not applicable. Part of the land subject the application currently contains a registered club, but the boundary adjustment and consolidation proposed in the application would ultimately result in the seniors housing being on a separate lot to the registered club. Potential landuse conflicts between the RSL club and the proposed seniors housing are considered elsewhere in this report.	Yes
26. Location and access to facilities
(1) A consent authority must not consent to a development application made pursuant to this Chapter unless the consent authority is satisfied, by written evidence, that residents of the proposed development will have access that complies with subclause (2) to: (a) shops, bank service providers and other retail and commercial services that residents may reasonably require, and (b) community services and recreation facilities, and (c) the practice of a general medical practitioner. (2) Access complies with this clause if: (a) the facilities and services referred to in subclause (1) are located at a distance of not more than 400 metres from the site of the proposed development that is a distance accessible by means of a suitable access pathway and the overall average gradient for the pathway is no more than 1:14, although the following gradients along the pathway are also acceptable: (i) a gradient of no more than 1:12 for slopes for a maximum of 15 metres at a time, (ii) a gradient of no more than 1:10 for a maximum length of 5 metres at a time, (iii) a gradient of no more than 1:8 for distances of no more than 1.5 metres at a time, or (c) in the case of a proposed development on land in a local government area that is not within the Sydney Statistical Division—there is a transport service available to the residents who will occupy the proposed development: (i) that is located at a distance of not more than 400 metres from the site of the proposed development and the distance is accessible by means of a suitable access pathway, and (ii) that will take those residents to a place that is located at a distance of not more than 400 metres from the facilities and services referred to in subclause (1), and (iii) that is available both to and from the proposed development during daylight hours at least once each day from Monday to Friday (both days inclusive), and the gradient along the pathway from the site to the public transport services (and from the transport services to the facilities and services referred to in subclause (1)) complies with subclause (3). Note. Part 5 contains special provisions concerning the granting of consent to development applications made pursuant to this Chapter to carry out development for the purpose of certain seniors housing on land adjoining land zoned primarily for urban purposes. These provisions include provisions relating to transport services. (3) For the purposes of subclause (2) (b) and (c), the overall average gradient along a pathway from the site of the proposed development to the public transport services (and from the transport services to the facilities and services referred to in subclause (1)) is to be no more than 1:14, although the following gradients along the pathway are also acceptable: (i) a gradient of no more than 1:12 for slopes for a maximum of 15 metres at a time, (ii) a gradient of no more than 1:10 for a maximum length of 5 metres at a time, (iii) a gradient of no more than 1:8 for distances of no more than 1.5 metres at a time. (4) For the purposes of subclause (2): (a) a suitable access pathway is a path of travel by means of a sealed footpath or other similar and safe means that is suitable for access by means of an electric wheelchair, motorised cart or the like, and (b) distances that are specified for the purposes of that subclause are to be measured by reference to the length of any such pathway. (5) In this clause: bank service provider means any bank, credit union or building society or any post office that provides banking services.	The site is located centrally within the Wauchope township. Access to a variety of shops, services, community facilities and medical practitioners is available within short distances. Footpaths and access within the town centre have satisfactory grades. Public transport links are available within the town centre and to adjoining larger centres. Given the location and transport linkages available no transport service is required.	Yes
28. Water and sewer
(1) A consent authority must not consent to a development application made pursuant to this Chapter unless the consent authority is satisfied, by written evidence, that the housing will be connected to a reticulated water system and have adequate facilities for the removal or disposal of sewage. (2) If the water and sewerage services referred to in subclause (1) will be provided by a person other than the consent authority, the consent authority must consider the suitability of the site with regard to the availability of reticulated water and sewerage infrastructure. In locations where reticulated services cannot be made available, the consent authority must satisfy all relevant regulators that the provision of water and sewerage infrastructure, including environmental and operational considerations, are satisfactory for the proposed development.	See comments under water and sewer sections later in this report.	Yes
29 Consent authority to consider certain site compatibility criteria for development applications to which clause 24 does not apply
(1) This clause applies to a development application made pursuant to this Chapter in respect of development for the purposes of seniors housing (other than dual occupancy) to which clause 24 does not apply. Note. Clause 24 (1) sets out the development applications to which that clause applies. (2) A consent authority, in determining a development application to which this clause applies, must take into consideration the criteria referred to in clause 25 (5) (b) (i), (iii) and (v). (3) Nothing in this clause limits the matters to which a consent authority may or must have regard (or of which a consent authority must be satisfied under another provision of this Policy) in determining a development application to which this clause applies.	The relevant considerations in clause 25 (5) are: (i) the natural environment (including known significant environmental values, resources or hazards) and the existing uses and approved uses of land in the vicinity of the proposed development, (iii) the services and infrastructure that are or will be available to meet the demands arising from the proposed development (particularly, retail, community, medical and transport services having regard to the location and access requirements set out in clause 26) and any proposed financial arrangements for infrastructure provision, (v) without limiting any other criteria, the impact that the bulk, scale, built form and character of the proposed development is likely to have on the existing uses, approved uses and future uses of land in the vicinity of the development. The subject site is not identified as having any known environmental values and the proposal is considered to be compatible with existing and approved development in the locality. The site has access to the infrastructure and services required for the proposal. The proposed development is single storey and consistent with the bulk and scale of existing development to the existing development to the north, east, and west of the site. The existing RSL club to the south is of a greater bulk and scale than the proposal.	Yes
30. Site analysis
(1) A consent authority must not consent to a development application made pursuant to this Chapter unless the consent authority is satisfied that the applicant has taken into account a site analysis prepared by the applicant in accordance with this clause.	A satisfactory site analysis has been prepared and forms part of the architectural plans.	Yes
31. Design of in-fill self-care housing
In determining a development application made pursuant to this Chapter to carry out development for the purpose of in-fill self-care housing, a consent authority must take into consideration (in addition to any other matters that are required to be, or may be, taken into consideration) the provisions of the Seniors Living Policy: Urban Design Guideline for Infill Development published by the Department of Infrastructure, Planning and Natural Resources in March 2004.	The applicant has demonstrated consideration of the urban design guidelines. Satisfactory compliance demonstrated.	Yes
32. Design of residential development
A consent authority must not consent to a development application made pursuant to this Chapter unless the consent authority is satisfied that the proposed development demonstrates that adequate regard has been given to the principles set out in Division 2.	Addressed – See comments under clauses 33-39 below.	Yes
33. Neighbourhood amenity and streetscape
The proposed development should: (a) recognise the desirable elements of the location’s current character (or, in the case of precincts undergoing a transition, where described in local planning controls, the desired future character) so that new buildings contribute to the quality and identity of the area, and (b) retain, complement and sensitively harmonise with any heritage conservation areas in the vicinity and any relevant heritage items that are identified in a local environmental plan, and (c) maintain reasonable neighbourhood amenity and appropriate residential character by: (i) providing building setbacks to reduce bulk and overshadowing, and (ii) using building form and siting that relates to the site’s land form, and (iii) adopting building heights at the street frontage that are compatible in scale with adjacent development, and (iv) considering, where buildings are located on the boundary, the impact of the boundary walls on neighbours, and (d) be designed so that the front building of the development is set back in sympathy with, but not necessarily the same as, the existing building line, and (e) embody planting that is in sympathy with, but not necessarily the same as, other planting in the streetscape, and (f) retain, wherever reasonable, major existing trees, and (g) be designed so that no building is constructed in a riparian zone.	The area has been zoned B4 to encourage a higher density and mix of commercial and residential development within the Wauchope town centre. The area is the transition point between the existing commercial and business development and the older smaller scale residential development. The zoning permits a higher density and it is anticipated that future development will further define the character of the area. The development provides a front setback comparable to the existing dwellings proposed to be demolished and other existing development to the north of the site. The proposal would sit appropriately within the existing and likely future streetscape. A lesser front setback would be expected for street front commercial uses. Landscaping will be provided in the streetscape along Cameron Street and also along the shared internal access on the southern side of the development. The design is complimentary to the character of the area. No listed heritage items are located adjacent to the site however a heritage character exists within the precinct.	Yes
34. Visual and acoustic privacy
The proposed development should consider the visual and acoustic privacy of neighbours in the vicinity and residents by: (a) appropriate site planning, the location and design of windows and balconies, the use of screening devices and landscaping, and (b) ensuring acceptable noise levels in bedrooms of new dwellings by locating them away from driveways, parking areas and paths. Note. The Australian and New Zealand Standard entitled AS/NZS 2107–2000, Acoustics—Recommended design sound levels and reverberation times for building interiors and the Australian Standard entitled AS 3671—1989, Acoustics—Road traffic noise intrusion—Building siting and construction, published by Standards Australia, should be referred to in establishing acceptable noise levels.	An acoustic report has been submitted as part of the application and further comments are provided under Noise and Vibration later in this report.	Yes
35. Solar access and design for climate
The proposed development should: (a) ensure adequate daylight to the main living areas of neighbours in the vicinity and residents and adequate sunlight to substantial areas of private open space, and (b) involve site planning, dwelling design and landscaping that reduces energy use and makes the best practicable use of natural ventilation solar heating and lighting by locating the windows of living and dining areas in a northerly direction. Note. AMCORD: A National Resource Document for Residential Development, 1995, may be referred to in establishing adequate solar access and dwelling orientation appropriate to the climatic conditions.	It is considered that adequate solar access is available to adjoining residential sites as the development is single storey. Main private open space areas are located on the eastern and northern sides of the buildings and would receive adequate sunlight.	Yes
36. Stormwater
The proposed development should: (a) control and minimise the disturbance and impacts of stormwater runoff on adjoining properties and receiving waters by, for example, finishing driveway surfaces with semi-pervious material, minimising the width of paths and minimising paved areas, and (b) include, where practical, on-site stormwater detention or re-use for second quality water uses.	A stormwater management plan has been submitted with this application. On- site detention is proposed. The application has been assessed by Council’s stormwater engineers and appropriate conditions of consent applied.	Yes
37. Crime prevention
The proposed development should provide personal property security for residents and visitors and encourage crime prevention by: (a) site planning that allows observation of the approaches to a dwelling entry from inside each dwelling and general observation of public areas, driveways and streets from a dwelling that adjoins any such area, driveway or street, and (b) where shared entries are required, providing shared entries that serve a small number of dwellings and that are able to be locked, and (c) providing dwellings designed to allow residents to see who approaches their dwellings without the need to open the front door.	The proposed development provides passive surveillance of Cameron Street from the living and outdoor areas of Units 1-6. The perimeter of the site is fenced and the vehicular/pedestrian access points from the internal road and car park are proposed to be gated. Individual access points are proposed for Units 1-6 from Cameron Street, which would increase pedestrian use of the public areas.	Yes
38. Accessibility
The proposed development should: (a) have obvious and safe pedestrian links from the site that provide access to public transport services or local facilities, and (b) provide attractive, yet safe, environments for pedestrians and motorists with convenient access and parking for residents and visitors.	The perimeter of the site is fenced and the pedestrian access points from the internal road and car park are well defined. Individual access points are proposed for Units 1-6 from Cameron Street.	Yes
39. Waste management
The proposed development should be provided with waste facilities that maximise recycling by the provision of appropriate facilities.	Common bin storage areas have been nominated adjacent to each of the vehicular access points.	Yes
40. Development standards—minimum sizes and building height
(1) General A consent authority must not consent to a development application made pursuant to this Chapter unless the proposed development complies with the standards specified in this clause. (2) Site size The size of the site must be at least 1,000 square metres. (3) Site frontage The site frontage must be at least 20 metres wide measured at the building line. (4) Height in zones where residential flat buildings are not permitted If the development is proposed in a residential zone where residential flat buildings are not permitted: (a) the height of all buildings in the proposed development must be 8 metres or less, and Note. Development consent for development for the purposes of seniors housing cannot be refused on the ground of the height of the housing if all of the proposed buildings are 8 metres or less in height. See clauses 48 (a), 49 (a) and 50 (a). (5) Development applications to which clause does not apply Subclauses (2), (3) and (4) (c) do not apply to a development application made by any of the following: (a) the Department of Housing, (b) any other social housing provider.	Proposed seniors housing site is approximately 4089m² Site frontage- 68.17m Residential flat buildings are permitted in the zone. The height of the buildings does not exceed 8m.	Yes
41. Standards for hostels and self-contained dwellings
(1) A consent authority must not consent to a development application made pursuant to this Chapter to carry out development for the purpose of a hostel or self-contained dwelling unless the proposed development complies with the standards specified in Schedule 3 for such development. (2) Despite the provisions of clauses 2, 7, 8, 9, 10, 11, 12, 13 and 15–20 of Schedule 3, a self-contained dwelling, or part of such a dwelling, that is located above the ground floor in a multi-storey building does not have to comply with the requirements of those provisions if the development application is made by, or by a person jointly with, a social housing provider.	See comments below on relevant Schedule 3 requirements.
50. Standards that cannot be used to refuse development consent for self-contained dwellings
A consent authority must not refuse consent to a development application made pursuant to this Chapter for the carrying out of development for the purpose of a self-contained dwelling (including in-fill self-care housing and serviced self-care housing) on any of the following grounds: (a) building height: if all proposed buildings are 8 metres or less in height (and regardless of any other standard specified by another environmental planning instrument limiting development to 2 storeys), (b) density and scale: if the density and scale of the buildings when expressed as a floor space ratio is 0.5:1 or less, (c) landscaped area: if: (i) in the case of a development application made by a social housing provider—a minimum 35 square metres of landscaped area per dwelling is provided, or (ii) in any other case—a minimum of 30% of the area of the site is to be landscaped, (d) Deep soil zones: if, in relation to that part of the site (being the site, not only of that particular development, but also of any other associated development to which this Policy applies) that is not built on, paved or otherwise sealed, there is soil of a sufficient depth to support the growth of trees and shrubs on an area of not less than 15% of the area of the site (the deep soil zone). Two-thirds of the deep soil zone should preferably be located at the rear of the site and each area forming part of the zone should have a minimum dimension of 3 metres, (e) solar access: if living rooms and private open spaces for a minimum of 70% of the dwellings of the development receive a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter, (f) private open space for in-fill self-care housing: if: (i) in the case of a single storey dwelling or a dwelling that is located, wholly or in part, on the ground floor of a multi-storey building, not less than 15 square metres of private open space per dwelling is provided and, of this open space, one area is not less than 3 metres wide and 3 metres long and is accessible from a living area located on the ground floor, and (ii) in the case of any other dwelling, there is a balcony with an area of not less than 10 square metres (or 6 square metres for a 1 bedroom dwelling), that is not less than 2 metres in either length or depth and that is accessible from a living area, Note. The open space needs to be accessible only by a continuous accessible path of travel (within the meaning of AS 1428.1) if the dwelling itself is an accessible one. See Division 4 of Part 4. (g) (Repealed) (h) parking: if at least the following is provided: (i) 0.5 car spaces for each bedroom where the development application is made by a person other than a social housing provider, or (ii) 1 car space for each 5 dwellings where the development application is made by, or is made by a person jointly with, a social housing provider. Note. The provisions of this clause do not impose any limitations on the grounds on which a consent authority may grant development consent.	These controls cannot be used for reasons of refusal if satisfied. (a) Building height is less than 8m. (b) Density and scale - proposal has FSR of 0.37:1. (c) Formal landscaped area provided within the site only 19% of the site area. Landscaping considered adequate to integrate the development with the existing streetscape and soften visual impact. Landscaping provides for small canopy trees, which will improve streetscape. (d) Adequate deep soil zone proposed. (e) Solar access – 11 of the 15 units (73%) would receive 3 hours of direct sunlight between 9am and 3pm midwinter. Units 1, 3, 5, and 15 would receive less than 3 hours direct sunlight to living areas and private open space during this period. (f) Private open space provided – minimum 15m² per dwelling including 3m x 3m area off living space. (h) 15 x 2 bedroom dwellings. 30 x 0.5 spaces = minimum 15 spaces required. Proposed provides 15 parking spaces in garages and an additional 2 visitor parking spaces in the RSL car park adjacent to the site.	No- however considered satisfactory in context of development - refer to LEP comments in relation to building height.
Schedule 3 Standards concerning accessibility and useability for hostels and self-contained dwellings
Part 1 – Standards applying to hostels and self-contained dwellings 1 Application of standards in this Part The standards set out in this Part apply to any seniors housing that consists of hostels or self-contained dwellings. 2 Siting standards (1) Wheelchair access If the whole of the site has a gradient of less than 1:10, 100% of the dwellings must have wheelchair access by a continuous accessible path of travel (within the meaning of AS 1428.1) to an adjoining public road. (2) If the whole of the site does not have a gradient of less than 1:10: (a) the percentage of dwellings that must have wheelchair access must equal the proportion of the site that has a gradient of less than 1:10, or 50%, whichever is the greater, and (b) the wheelchair access provided must be by a continuous accessible path of travel (within the meaning of AS 1428.1) to an adjoining public road or an internal road or a driveway that is accessible to all residents. Note. For example, if 70% of the site has a gradient of less than 1:10, then 70% of the dwellings must have wheelchair access as required by this subclause. If more than 50% of the site has a gradient greater than 1:10, development for the purposes of seniors housing is likely to be unable to meet these requirements. (3) Common areas Access must be provided in accordance with AS 1428.1 so that a person using a wheelchair can use common areas and common facilities associated with the development. 3 Security Pathway lighting: (a) must be designed and located so as to avoid glare for pedestrians and adjacent dwellings, and (b) must provide at least 20 lux at ground level. 4 Letterboxes Letterboxes: (a) must be situated on a hard standing area and have wheelchair access and circulation by a continuous accessible path of travel (within the meaning of AS 1428.1), and (b) must be lockable, and (c) must be located together in a central location adjacent to the street entry or, in the case of self-contained dwellings, must be located together in one or more central locations adjacent to the street entry. 5 Private car accommodation If car parking (not being car parking for employees) is provided: (a) car parking spaces must comply with the requirements for parking for persons with a disability set out in AS 2890, and (b) 5% of the total number of car parking spaces (or at least one space if there are fewer than 20 spaces) must be designed to enable the width of the spaces to be increased to 3.8 metres, and (c) any garage must have a power-operated door, or there must be a power point and an area for motor or control rods to enable a power-operated door to be installed at a later date. 6 Accessible entry Every entry (whether a front entry or not) to a dwelling, not being an entry for employees, must comply with clauses 4.3.1 and 4.3.2 of AS 4299. 7 Interior: general (1) Internal doorways must have a minimum clear opening that complies with AS 1428.1. (2) Internal corridors must have a minimum unobstructed width of 1,000 millimetres. (3) Circulation space at approaches to internal doorways must comply with AS 1428.1. 8 Bedroom At least one bedroom within each dwelling must have: (a) an area sufficient to accommodate a wardrobe and a bed sized as follows: (i) in the case of a dwelling in a hostel—a single-size bed, (ii) in the case of a self-contained dwelling—a queen-size bed, and (b) a clear area for the bed of at least: (i) 1,200 millimetres wide at the foot of the bed, and (ii) 1,000 millimetres wide beside the bed between it and the wall, wardrobe or any other obstruction, and (c) 2 double general power outlets on the wall where the head of the bed is likely to be, and (d) at least one general power outlet on the wall opposite the wall where the head of the bed is likely to be, and (e) a telephone outlet next to the bed on the side closest to the door and a general power outlet beside the telephone outlet, and (f) wiring to allow a potential illumination level of at least 300 lux. 9 Bathroom (1) At least one bathroom within a dwelling must be on the ground (or main) floor and have the following facilities arranged within an area that provides for circulation space for sanitary facilities in accordance with AS 1428.1: (a) a slip-resistant floor surface, (b) a washbasin with plumbing that would allow, either immediately or in the future, clearances that comply with AS 1428.1, (c) a shower that complies with AS 1428.1, except that the following must be accommodated either immediately or in the future: (i) a grab rail, (ii) portable shower head, (iii) folding seat, (d) a wall cabinet that is sufficiently illuminated to be able to read the labels of items stored in it, (e) a double general power outlet beside the mirror. (2) Subclause (1) (c) does not prevent the installation of a shower screen that can easily be removed to facilitate future accessibility. 10 Toilet A dwelling must have at least one toilet on the ground (or main) floor and be a visitable toilet that complies with the requirements for sanitary facilities of AS 4299. 11 Surface finishes Balconies and external paved areas must have slip-resistant surfaces. Note. Advice regarding finishes may be obtained from AS 1428.1. 12 Door hardware Door handles and hardware for all doors (including entry doors and other external doors) must be provided in accordance with AS 4299. 13 Ancillary items Switches and power points must be provided in accordance with AS 4299. Part 2 – Additional standards for self-contained dwellings 14 Application of standards in this Part The standards set out in this Part apply in addition to the standards set out in Part 1 to any seniors housing consisting of self-contained dwellings. 15 Living room and dining room (1) A living room in a self-contained dwelling must have: (a) a circulation space in accordance with clause 4.7.1 of AS 4299, and (b) a telephone adjacent to a general power outlet. (2) A living room and dining room must have wiring to allow a potential illumination level of at least 300 lux. 16 Kitchen A kitchen in a self-contained dwelling must have: (a) a circulation space in accordance with clause 4.5.2 of AS 4299, and (b) a circulation space at door approaches that complies with AS 1428.1, and (c) the following fittings in accordance with the relevant subclauses of clause 4.5 of AS 4299: (i) benches that include at least one work surface at least 800 millimetres in length that comply with clause 4.5.5 (a), (ii) a tap set (see clause 4.5.6), (iii) cooktops (see clause 4.5.7), except that an isolating switch must be included, (iv) an oven (see clause 4.5.8), and (d) “D” pull cupboard handles that are located towards the top of below-bench cupboards and towards the bottom of overhead cupboards, and (e) general power outlets: (i) at least one of which is a double general power outlet within 300 millimetres of the front of a work surface, and (ii) one of which is provided for a refrigerator in such a position as to be easily accessible after the refrigerator is installed. 17 Access to kitchen, main bedroom, bathroom and toilet In a multi-storey self-contained dwelling, the kitchen, main bedroom, bathroom and toilet must be located on the entry level. 18 Lifts in multi-storey buildings In a multi-storey building containing separate self-contained dwellings on different storeys, lift access must be provided to dwellings above the ground level of the building by way of a lift complying with clause E3.6 of the Building Code of Australia. 19 Laundry A self-contained dwelling must have a laundry that has: (a) a circulation space at door approaches that complies with AS 1428.1, and (b) provision for the installation of an automatic washing machine and a clothes dryer, and (c) a clear space in front of appliances of at least 1,300 millimetres, and (d) a slip-resistant floor surface, and (e) an accessible path of travel to any clothes line provided in relation to the dwelling. 20 Storage for linen A self-contained dwelling must be provided with a linen storage in accordance with clause 4.11.5 of AS 4299. 21 Garbage A garbage storage area must be provided in an accessible location.	The submitted plans demonstrate that the proposal is capable of complying with these standards. Conditions recommended requiring the Construction Certificate plans to demonstrate compliance.	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 B4 Mixed Use. In accordance with clause 2.3(1) and the B4 zone landuse table, the proposed development for seniors housing is a permissible landuse with consent.

The objectives of the B4 zone are as follows:

o To provide a mixture of compatible land uses.

o To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

o To ensure that new developments make a positive contribution to the public domain and streetscape.

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

o The proposal is a permissible landuse;

o The development is associated with the existing RSL club.

o The development will provide additional variety of housing types in Wauchope that will be well situated and maximise walking opportunities to surrounding services.

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

· Clause 4.1 - No minimum lot size for subdivision applies to the land.

· Clause 4.3, the maximum overall height of the buildings above ground level (existing) is 4.7m which complies with the standard height limit of 8.5m and 11.5m applying to the site.

· Clause 4.4, the floor space ratio of the proposal is 0.37:1 which complies with the maximum 1.5:1 floor space ratio applying to the site.

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

· However, it is noted that given the older style dwellings proposed to be demolished, a previous application (DA2015 – 230) involving demolition of the same buildings was referred to Council’s Heritage advisor who provided the following comments:

· “The proposal necessitates the demolition of 5 residential properties numbered 15 to 21 Cameron Street. The properties are owned by the RSL Club. Three of the said properties have cultural heritage value in their streetscape contribution as a record of early 20th century timber dwellings in the Wauchope town area. They are #21, #17, #15 Cameron Street appear to have been constructed pre World War 1. #19 is a later 1950-60s building, # 13 is a 1940 – 50s building and is clad with asbestos. Both buildings are considered of lesser streetscape contribution value, while collectively they provide a contiguous form on the street edge.

· There is continuity of streetscape and building character, form and scale in this area of Cameron Street. Site consolidation will destroy the historical pattern of subdivision, which is an important element in defining the character of Wauchope residential areas on the commercial perimeter. The fact that three residences that have potential Environmental Heritage Value are proposed to be demolished as a result of this development again highlights that the Heritage Study is in desperate need for revision and expansion.

· The heritage value of these buildings should be recognized. Wauchope representatives have been asking for more attention to be given to Wauchope and its character and its better promotion and articulation. Time and funds for the heritage advisor to follow this through have not been available. There is an urgent need for a heritage DCP for Wauchope and the controls over the town centre, either in the form of establishment of a heritage conservation area or character precinct or even individual review and listing of buildings to avail protection and to articulate the reasons for listing and preservation. The heritage list in schedule 5 of the LEP should not be static schedule.

· The proponent could be asked to reconsider the redevelopment in the light of the potential heritage value of the buildings and redesign with a view to incorporate them, or seek appropriate sites for reuse and relocation as opposed to demolition.”

· In the assessment of DA2015 – 230 it was considered that in the absence of a statutory listing of the property under the LEP, there were insufficient grounds to request a redesign of the proposal to incorporate the dwellings. It was additionally considered that it would not be possible to sustain a refusal on heritage grounds given the lack of statutory weight. Conditions of consent were imposed to require photographic evidence to be collected prior to demolition and recommending that the dwellings be relocated if possible.

· The dwellings on No’s 19 and 21 Cameron Street have subsequently been removed in accordance with that consent, and only the dwellings on No’s 15 and 17 remain. The dwelling on No. 15 appeared to have been prepared for relocation at the time of the site inspection.

· As the demolition/removal of the buildings has previously been granted consent, the current application could not be refused on the basis of heritage impact. However, conditions similar to those imposed on DA2015 – 230 are recommended.

· 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

Requirements	Proposed	Complies
Chapter 2.3 Environmental Management 2.3.3.1 Cut and fill max 1.0m 2.3.3.2 - Max height retaining wall along road 1m. - Retaining wall and fence combination not to exceed 1.8m	Cut and fill <1m change. No front fence and retaining wall combination proposed.	Yes N/A
Chapter 2.4 Hazards Management	The site is not affected by any hazards.	N/A
Chapter 2.5 Traffic, Access, Parking 2.5.3.2 Minimal driveway numbers and width 2.5.3.3 Off-street parking Residential 1 space per 1 & 2 bed plus 1 visitor space per 4 units 45 x 2 bed units proposed = 45 spaces for units and 12 visitor spaces, which equates 67 spaces total. RSL Club 1 per 6m2 of serviced floor area plus 1 per 2 employees.	The proposal would involve removal of the existing crossovers in Cameron Street, with all vehicular access to the development via the RSL car park. The development would improve the available street parking. See comments regarding parking later in this report.	Yes, subject to parking contribution
Chapter 2.6 Tree management	The proposal does not involve removal of any Koala food trees or hollow bearing trees.	Yes
Chapter 2.7 Social Impact and Crime Prevention	See comments later in this report regarding social impact and crime prevention.	Yes

(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:

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

(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 site has a general easterly street frontage orientation to Cameron Street.

Adjoining the site to the north, west and east are residential allotments generally containing single storey dwellings and some small scale commercial businesses.

Adjoining the site to the south is the existing RSL Club and other commercial development.

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

The proposal is considered to be compatible with the mix of land uses 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. Privacy within the development and for existing residential properties adjoining the site would be adequately protected by building design and fencing.

There is no adverse overshadowing impacts.

Roads

The site is on the corner of Young Street and Cameron Street with frontage and vehicle / pedestrian access to both roads. Vehicle access will be to the existing driveways on Young Street and Cameron Street to the RSL Club.

Adjacent to the site, Cameron Street is a sealed public road under the care and control of Council. Cameron Street is a local commercial road with a 14.4 metre carriageway within a 21 metre road reserve.

Adjacent to the site, Young Street is a sealed public road under the care and control of Council. Young Street is a local commercial road with a 12.9 metre carriageway within a 20 metre road reserve.

Traffic and Transport

The Statement of Environmental Effects states:

“The proposed seniors living housing is not anticipated to be a high traffic generator. The proposed car parking arrangements and manoeuvring within the site is acceptable. The residents of the site are well located to walk to existing shops and services and bus stops which provide service to Port Macquarie.”

The application also includes a Traffic Impact Assessment from SECA Solution on 30 March 2015 in support of a similar development on the same site. Findings of the study determined:

The site is ideally situated for this form of development being flat and within easy walking distance to Wauchope Town Centre. Public transport services which provide access further afield, including Port Macquarie and the nearby train station which connects to Sydney and Brisbane. The existing operations of the Wauchope RSL Club will continue unchanged and remaining parking has been shown to be sufficient for the club attendances. Wauchope RSL intend to own and manage the seniors housing with the intent of making it available to RSL club members.”

Council’s engineers agree with the traffic assessment in this regard and it is considered that the existing road network is capable of accommodating the additional traffic generated by the development.

Site Frontage & Access

Vehicle access to the site is proposed via the existing access driveways in Cameron Street and Young Street.

Parking and Manoeuvring

Existing parking (RSL Club):

The site currently contains 125 off-street parking spaces associated with the RSL Club use. A further 3 spaces are line marked adjacent to the Cameron Street access, which are currently not useable due to the presence of barriers associated with a former LPG tank in this location.

Previous approvals:

DA2004 – 599 assessed the existing parking demand for the club in accordance with (former) DCP 18 to be 349 spaces. 128 spaces were available on the site at the time, and the conditions of consent required 128 spaces to be retained on the site for the RSL Club.

DA2015 – 230 – A Traffic Impact Assessment (TIA) prepared by SECA Solution and dated 30 March 2015 was submitted in support of this proposal. The TIA provided an existing count of 113 onsite spaces in use by the RSL. As the proposed reconfiguration of parking resulted in 108 spaces for the RSL and 4 commercial spaces which can be used by the RSL during the evenings, the TIA implied that the resulting site shortfall would be only 1 space.

However, the count of existing spaces by Council staff based on aerial photography at the time was 121 spaces. This discrepancy appears to have arisen due to 6 spaces under a carport on the western boundary, and 2 spaces with faded line marking nearby. The proposal therefore resulted in a reduction by 13 spaces within the RSL car park compared to the existing scenario. A credit for the 4 commercial spaces which were assumed to be available during the evening, there was a resulting shortfall of 9 spaces, which would occur at least weekly. The actual number of cars parking within the public road was considered to be even higher than suggested in the TIA.

Current application:

Parking for the seniors housing component of the development satisfies the requirements in the SEPP (minimum 15 spaces required). The proposal provides 15 parking spaces in garages and an additional 2 visitor parking spaces in the RSL Club car park adjacent to the site.

Available parking for the RSL Club would be reduced with the loss of parking on the northern side of the internal access road and the northern end of the current car park. The plans show a total of 40 spaces retained in the northern parking area (including the 2 visitor spaces for the seniors housing), with an additional 61 spaces available in the western car park (total 101 spaces).

The parking provisions for the RSL Club is therefore 24 spaces short of the existing parking that is available on the site, 20 spaces less than the 121 spaces that were accepted to be existing at the time of DA2015 – 230, and 27 spaces short of the number of spaces required by the conditions of DA2004 – 599. Given that the most recent consent accepted that 121 spaces was appropriate for the RSL Club, it is considered reasonable to base the parking shortfall on this figure. The 101 spaces proposed to be provided in the current application is therefore 20 spaces short of the previously accepted parking demand.

Parking credits can be applied for the additional street parking that would be created in Cameron Street by the removal of existing driveway crossovers (equivalent to 2 spaces).

The overall shortfall in parking is therefore considered to be 18 spaces. The land is located within the area of the Wauchope Town Centre parking contributions in the Port Macquarie-Hastings Contributions Plan 1993 – Part C – Car Parking. A condition is recommended requiring Section 7.11 contributions for the shortfall in parking.

The Applicant has also provided a copy of a 20 February 1967 resolution of Hastings Council, as follows:

The Applicant has submitted that the above payment for purchase of land by Council for the purpose of town centre car parking in Wauchope should be considered as an appropriate contribution for the parking shortfall in the current application. However, there is insufficient information on Council’s records as to the background of the land purchase and whether it was associated with the parking demands of an earlier development. It is therefore not possible to quantify what credits (if any) should be applied for the historic purchase of this land. There is also a substantial historic shortfall in parking for the site (more than 200 spaces at the rates in the DCP) that would need to be taken into account. The Applicant could request the parking contributions be reviewed through a Section 4.55 application, if further evidence could be provided in this regard.

Due to the type of development, car park circulation is required to enable vehicles to enter and exit the site in a forward manner. Site plans show adequate area is available and conditions have been imposed to reflect these requirements.

Refer to relevant conditions of consent.

Water Supply Connection

Council records indicate that the development site has existing 20mm metered water services.

Each dwelling shall be individually metered for water supply with a master meter installed at the Cameron Street road frontage. Final water service sizing will need to be determined by a hydraulic consultant to suit the domestic and commercial components of the development, as well as fire service and backflow protection requirements in accordance with AS3500.

Detailed plans will be required to be submitted for assessment with the S.68 application.

Refer to relevant conditions of consent.

Sewer Connection

Council records indicate that the development site has multiple connections to Council’s sewer system. A sewer reticulation plan shall be submitted to Sewer Section for approval. Any redundant sewer junctions shall be capped at the main.

Refer to relevant conditions of consent.

Stormwater

The site naturally grades towards the street frontage and is currently serviced via a direct connection to the public piped drainage system.

The legal point of discharge for the proposed development is defined as a direct connection to Council’s stormwater pit. Extension of Council’s piped drainage in Cameron Street is required to service the frontage of proposed Lot 2 (containing the seniors housing development).

The design is to make provision for the natural flow of stormwater runoff from uphill/upstream properties/lands. The design must include the collection of such waters and discharge to the Council drainage system. The Stormwater Drainage Strategy prepared by Hopkins Consultants makes provision for an ultimate interallotment drainage system serving adjoining properties to the west of the site (No. 22 to 30 Hastings Street). The strategy relies upon construction of parts of the system by the relevant property owners. There is no nexus to require the developer to carry out construction of the full interallotment drainage system for the benefit of these properties. However, the system will need to have the necessary capacity, and include creation of the required easements to allow for future connection by upstream properties.

Flows from the surcharge pit across the northern end of the RSL car park are considered safe in nature (depth/velocity) and the proposed easement (B) provides the legal right to drain. The substantial easement serves a dual purpose, also acting as an incentive to construct the ultimate drainage arrangement prior to proceeding with any further development within the easement’s footprint.

A detailed site stormwater management plan will be required to be submitted for assessment with the S.68 application and prior to the issue of a Construction Certificate.

In accordance with Councils AUSPEC requirements, the following must be incorporated into the stormwater drainage plan:

· On site stormwater detention facilities.

· Water quality controls.

· Provision of interallotment drainage to allow the proposed development to drain to the nominated point of discharge via a single suitably sized conduit.

Refer to relevant conditions of consent.

Other Utilities

Telecommunication and electricity services are available to the site.

Heritage

Refer to LEP comments relating to heritage.

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

The proposal includes common waste storage facilities adjacent to each of the vehicular access points. A condition is recommended requiring a private waste collection service for the development. The Construction Certificate plans will need to demonstrate that the swept path of a waste collection vehicle can be accommodated in accordance with AS 2890. The western access may need to be altered in this regard.

Standard precautionary site management condition recommended for construction and demolition waste.

Energy

The proposal includes measures to address energy efficiency and will be required to comply with the requirements of BASIX. No adverse impacts anticipated.

Noise and vibration

The application relies on previous acoustic assessment carried out as part of DA2015 – 230 by Reverb Acoustics, which assessed the impacts on residential development of noise from the RSL activities and plant, as well as road traffic noise. The noise criteria required to be satisfied are detailed below.

The report provides detailed construction recommendations that would achieve the above internal noise criteria. However, the recommendations were specific to the building proposed under the previous DA2015 – 230 and are not able to be directly applied to this proposal.

A condition is recommended requiring certification from an appropriately qualified acoustic consultant that the plans submitted with the application for a Construction Certificate will achieve the relevant noise criteria.

Condition also recommended to restrict 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. The increase in housing density will improve natural surveillance within the locality and openings from each dwelling overlook common and private areas.

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. The site is located in proximity to the types of goods and services that are likely to be needed by future residents of the seniors housing. A public transport route is available in proximity to the site, which provides access to higher order services in Port Macquarie.

The provision of additional housing for seniors in an accessible location is considered to be of social benefit.

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

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

One written submission has been received following public exhibition of the application.

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

Submission Issue/Summary	Planning Comment/Response
The development will further block existing surface water runoff from No. 22 Hastings Street, causing stormwater impacts on adjoining properties.	See comments earlier under Stormwater. The design is required to make provision for the natural flow of stormwater runoff from uphill/upstream properties/lands. The design must include the collection of such waters and discharge to the Council drainage system. The Stormwater Drainage Strategy prepared by Hopkins Consultants makes provision for an ultimate interallotment drainage system serving adjoining properties to the west of the site (including No. 22 Hastings Street). The strategy relies upon construction of parts of the system by the relevant property owners. There is no nexus to require the developer to carry out construction of the full interallotment drainage system for the benefit of these properties. However, the system will need to have the necessary capacity, and include creation of the required easements to allow for future connection by upstream properties.

Submission Issue/Summary

Planning Comment/Response

The development will further block existing surface water runoff from No. 22 Hastings Street, causing stormwater impacts on adjoining properties.

See comments earlier under Stormwater.

The design is required to make provision for the natural flow of stormwater runoff from uphill/upstream properties/lands. The design must include the collection of such waters and discharge to the Council drainage system. The Stormwater Drainage Strategy prepared by Hopkins Consultants makes provision for an ultimate interallotment drainage system serving adjoining properties to the west of the site (including No. 22 Hastings Street). The strategy relies upon construction of parts of the system by the relevant property owners. There is no nexus to require the developer to carry out construction of the full interallotment drainage system for the benefit of these properties. However, the system will need to have the necessary capacity, and include creation of the required easements to allow for future connection by upstream properties.

(e) The Public Interest:

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

· Development contributions will 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 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

1 View. DA2018- 562.1 Recommended Conditions

2 View. DA2018 - 562.1 Plans

AGENDA Development Assessment Panel 23/01/2019

Item: 06

Subject: DA2018 - 900.1 Dual Occupancy And Strata Subdivision, Lot 342 DP 1237302, No.23 Gunsynd Chase, Port Macquarie

Report Author: Chris Gardiner

Applicant: B A King & N J Genders

Owner: B A King & N J Genders

Estimated Cost: $580,000

Parcel no: 67583

Alignment with Delivery Program

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

RECOMMENDATION

That DA2018 – 900.1 for a Dual Occupancy and Strata Subdivision at Lot 342, DP 1237302, No. 23 Gunsynd Chase, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a dual occupancy and strata subdivision 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, one submission has been received.

1. BACKGROUND

Existing sites features and surrounding development

The site has an area of 570.1m².

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:

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

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· Construction of a two storey dual occupancy (attached);

· 2 lot strata subdivision.

Refer to attachments at the end of this report.

Application Chronology

· 25 October 2018 – Application lodged.

· 9 November 2018 to 22 November 2018 – Neighbour notification.

· 6 December 2018 – Bushfire Safety Authority issued by NSW Rural Fire Service.

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument:

State Environmental Planning Policy No. 44 - Koala Habitat Protection

The site is subject to the adopted Maher’s Headland Koala Plan of Management. No tree removal is proposed and the proposal is consistent with the adopted plan of management.

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 (Building Sustainability Index: BASIX) 2004

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 proposed development for a dual occupancy (attached) is a permissible landuse with consent.

The objectives of the R1 zone are as follows:

o To provide for the housing needs of the community.

o To provide for a variety of housing types and densities.

o 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 having regard to the following:

o the proposal is a permissible landuse;

o The proposal provides a variety of housing types and densities and would contribute to meeting the housing needs of the community.

· Clause 4.1(4) – the minimum lot size does not apply as the proposal is for strata subdivision.

· Clause 4.3, the maximum overall height of the building above ground level (existing) is 6.0m 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 0.45:1 which complies with the maximum 0.65:1 floor space ratio applying to the site.

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

(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	Water tanks appropriately located	Yes
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
3.2.2.2	Front setback (Residential not R5 zone): • Min. 6.0m classified road • Min. 4.5m local road or within 20% of adjoining dwelling if on corner lot • Min. 3.0m secondary road • Min. 2.0m Laneway	Front building line setback requirements are complied with.	Yes
3.2.2.3	Garage 5.5m min. and 1m behind front façade. Garage door recessed behind building line or eaves/overhangs provided	Garage door setback requirements are complied with.	Yes
	6m max. width of garage door/s and 50% max. width of building	Width of garage door requirements are complied with.	Yes
	Driveway crossover 1/3 max. of site frontage and max. 5.0m width	Driveway crossing width requirements are complied with.	Yes
3.2.2.4	4m min. rear setback. Variation subject to site analysis and provision of private open space	The rear setback requirements are complied with.	Yes
3.2.2.5	Side setbacks: • Ground floor = min. 0.9m • First floors & above = min. 3m setback or where it can be demonstrated that overshadowing not adverse = 0.9m min. • Building wall set in and out every 12m by 0.5m	The minimum side setback requirements are complied with. The wall articulation is compliant and satisfies the objectives of the development provision.	Yes
3.2.2.6	35m2 min. private open space area including a useable 4x4m min. area which has 5% max. grade	Each occupancy contains 35m² open space in one area including a useable 4m x 4m 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 development will not compromise privacy in the area due to a combination of having high sill windows that face side boundaries and use of fencing.	Yes
3.2.2.11	Roof terraces	N/A
3.2.2.13 onwards	Jetties and boat ramps	N/A

*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	No retaining wall likely >1m.	Yes
	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
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking	Driveway crossings are minimal in width including maximising street parking.	Yes
2.5.3.3	Parking in accordance with Table 2.5.1. Dwelling/dual occupancies 1 space per dwelling/occupancy (behind building line). Multi dwelling 1 space per 1 & 2 bedroom occupancies 1.5 spaces per 3+ bedroom occupancies 0.25 spaces per occupancy for visitor parking.	Proposal involves 2 x 3 bedroom dwellings and requires a minimum of 1 parking space per dwelling. The development proposes a single garage for each dwelling and complies with this requirement.	Yes
2.5.3.11	Section 94 contributions	Contributions apply - refer to ET calc and NOP.	Yes
2.5.3.12 and 2.5.3.13	Landscaping of parking areas	Suitable landscaping proposed around driveway/parking locations.	Yes
2.5.3.14	Sealed driveway surfaces unless justified	Sealed driveway areas proposed.	Yes
2.5.3.15 and 2.5.3.16	Driveway grades first 6m or ‘parking area’ shall be 5% grade with transitions of 2m length	Driveway grades capable of satisfying Council standard driveway crossover requirements. Condition recommended for section 138 Roads Act permit	Yes
2.5.3.17	Parking areas to be designed to avoid concentrations of water runoff on the surface.	Stormwater drainage is capable of being managed as part of plumbing construction.	Yes

Note: Subdivision provisions of the DCP (except battleaxe handle width) are aimed at the creation of vacant lots (i.e. not lots within an integrated housing proposal such as this) and have therefore been excluded from the above assessment. Servicing requirements are discussed later in this report.

(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:

No matters prescribed by the regulations are applicable to the proposal.

(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.

There are no adverse impacts on existing view sharing.

There are 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.

Roads

The site has road frontage to Gunsynd Chase. Adjacent to the site, Gunsynd Chase is a sealed public road under the care and control of Council.

Traffic and Transport

The addition in traffic associated with the development is unlikely to have any adverse impacts to the existing road network within the immediate locality. Gunsynd Chase is capable of accommodating the additional traffic generated by the development.

Site Frontage & Access

Vehicle access to the site is proposed through two individual driveways with direct frontage to Gunsynd Chase, being a Council-owned public road. Access shall comply with Council AUSPEC and Australian Standards, and conditions have been imposed to reflect these requirements.

Parking and Manoeuvring

A total of 2 parking spaces have been provided on-site within garages with additional parking provided available within the driveway. Parking and driveway widths on site can comply with relevant Australian Standards (AS 2890) and conditions have been imposed to reflect these requirements.

Water Supply Connection

Council records indicate that the development site has an existing 20mm sealed water service. Each proposed dwelling requires an individual metered water service. The hydraulic plans submitted with the Development Application are acceptable for Water and Sewer Section purposes.

Refer to relevant conditions of consent.

Sewer Connection

Council records indicate that the development site is connected to sewer via a junction to the sewer main that traverses inside the southern boundary. Both units can drain to the existing point of connection to Council’s sewer system. The hydraulic plans submitted with the Development Application are acceptable for Water and Sewer Section purposes.

Refer to relevant conditions of consent.

Stormwater

The site naturally grades towards the street frontage and is currently serviced via a direct connection to the public piped drainage system in Gunsynd Chase. The proposed development is capable of being drained to the existing point of connection.

A detailed site stormwater management plan will be required to be submitted for assessment with the S.68 application and prior to the issue of a Construction Certificate.

Refer to relevant conditions of consent.

Other Utilities

Telecommunication and electricity services are available to the site.

Heritage

No known items of Aboriginal or European heritage significance exist on the property. No adverse impacts anticipated.

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

Air and microclimate

Flora and fauna

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

A Road Noise Assessment was carried out as part of the subdivision that created the lot (DA2005 – 547). The approved Noise Level Plan prepared by Land Dynamics identifies that Category 2 construction is required for the development. A condition is recommended confirming this requirement.

Condition also recommended to restrict construction to standard construction hours.

Bushfire

The site is identified as being bushfire prone.

In accordance with Section 100B - Rural Fires Act 1997 - the application proposes subdivision of bush fire prone land that could lawfully be used for residential purposes. As a result, the applicant has submitted a bushfire report prepared by a Certified Consultant. The report was forwarded to the NSW Rural Fire Service who have since issued a Bushfire Safety Authority, which will be incorporated into the consent.

Safety, security and crime prevention

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:

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

One written submission has 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
The contract for purchase of the land included a prohibition on dual occupancies for Stage 3 of Ascot Park.	In accordance with Clause 1.9A of the Port Macquarie-Hastings Local Environmental Plan 2011 (LEP), any agreement, covenant or other similar instrument that restricts the carrying out of development in accordance with the LEP does not apply. In this instance dual occupancy (attached) is permitted with consent in the R1 General Residential zone.
Adverse traffic and parking impacts in Gunsynd Chase.	The additional traffic likely to be generated by the development is considered to be minor (1 – 4 vehicle trips per day according to the RTA Guide to Traffic Generating Development). This traffic would be within the capacity of Gunsynd Chase. The development satisfies the minimum off-street parking requirements in DCP 2013 (one space per dwelling) and the consent authority cannot impose a more onerous requirement.
Loss of solar access to living areas and private open space of No. 25 Gunsynd Chase.	The first floor of the proposed development is setback 4.196m from the side boundary, which exceeds the minimum setback requirements in DCP 2013. Having regard to the orientation of the lot, the proposed development would not prevent adjoining properties from receiving 3 hours of sunlight to private open space and primary living areas on 21 June.
Loss of privacy to living areas and private open space of No. 25 Gunsynd Chase.	The upper floor windows on the western elevation of the proposed development include a bedroom window with high sill height and a window to the stairwell which are not expected to create adverse privacy impacts. Views from ground floor windows would be adequately screened by the proposed 1.8m high side and rear boundary fencing.
Potential glare from metal sheet roofing.	There are no specific development controls relating to external finishes and there are numerous other dwellings in the locality with light coloured metal sheet roofing. The low pitch of the roof is expected to reduce the potential for glare to impact on neighbouring property.

(e) The Public Interest:

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

· Development contributions will be required towards augmentation of town water supply and sewerage system head works under Section 64 of the Local Government Act 1993.

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.

Attachments

1 View. DA2018 - 900.1 Recommended Conditions

2 View. DA2018 - 900.1 Plans

Submission Issue/Summary	Planning Comment/Response
What does the proposed screen look like?	Horizontal slats as indicated on the east elevation plan.
What materials is it made of?	Applicant has verbally indicated that it is likely to be mixed hardwood but it is not proposed to specify a specific type of material, rather a privacy outcome.
What are the measurements?	The proposed window is 1.1m x 1.2m. The screen is proposed to cover the entire window.
What percentage block out does it give?	Proposed to include a condition that there be no opening more than 30mm wide and the total area of all openings be no more than 30% of the surface area of the privacy screen – in line with complying development privacy screen requirements.
How unsightly would it be?	It is not considered that the proposed privacy screen will be unsightly.

AGENDA Development Assessment Panel 23/01/2019

Item: 09

Subject: DA2018 - 824.1 One Into Three Lot Torrens Title SUbdivision and Two(2) Semi-Detached Dwellings - Lot A DP 33885816, No. 16 Windmill Street Port Macquarie

Report Author: Steven Ford

Applicant: R J & C J Shafer

Owner: R J & C J Shafer, G B & S Kook

Estimated Cost: $461,565

Parcel no: 36704

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2018 - 824 for a 1 into 3 Lot Torrens Title Subdivision and Two Semi-Detached Dwellings at Lot A, DP 338858, No. 16 Windmill Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a 1 into 3 Lot Torrens Title Subdivision and Two Semi-Detached Dwellings 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, one (1) submission has been received.

1. BACKGROUND

Existing sites features and surrounding development

The site has an area of 816.9m2.

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:

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

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· 1 into 3 lot subdivision

· Construction of two semi-detached dwellings

Refer to attachments at the end of this report.

Application Chronology

· 29 November 2016 – Pre-lodgement Meeting

· 08 October 2018 – Application Lodged

· 16 October to 29 October 2018 – Neighbourhood Notification

· 8 November 2018 – Additional information and amended plans submitted

· 12 December 2018 – Revised Plans (relocation of Unit 1 Balcony)

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

(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 (Building Sustainability Index: BASIX) 2004

BASIX certificates (number 961703S and 961811S) have 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.