Agenda of Development Assessment Panel

AGENDA Development Assessment Panel 22/03/2017

Item: 04

Subject: DISCLOSURES OF INTEREST

RECOMMENDATION

That Disclosures of Interest be presented

DISCLOSURE OF INTEREST DECLARATION

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

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

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

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

…………………………………………………….……………...…..

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

Pecuniary:

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

Non-Pecuniary - Significant Interest:

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

Non-Pecuniary - Less than Significant Interest:

May participate in consideration and voting.

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

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

Name: …………………………………………………….

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

(Further explanation is provided on the next page)

Further Explanation

(Local Government Act and Code of Conduct)

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

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

Pecuniary Interest

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

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

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

Non-Pecuniary

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

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

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

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

Non Pecuniary – Significant Interest

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

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

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

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

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

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

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

Non Pecuniary – Less than Significant Interest

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

SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION

[insert full name of councillor]

In the matter of

[insert name of environmental planning instrument]

Which is to be considered at a meeting of the

[insert name of meeting]

Held on

[insert date of meeting]

PECUNIARY INTEREST

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

Relationship of identified land to councillor

[Tick or cross one box.]

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

 Associated person of councillor has interest in the land.

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

MATTER GIVING RISE TO PECUNIARY INTEREST

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject landⁱⁱⁱ

[Tick or cross one box]

 The identified land.

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

Current zone/planning control

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

Proposed change of zone/planning control

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

Effect of proposed change of zone/planning control on councillor

[Tick or cross one box]

 Appreciable financial gain.

 Appreciable financial loss.

Councillor’s Name: …………………………………………

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

Important Information

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

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

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

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

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

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

AGENDA Development Assessment Panel 22/03/2017

Item: 05

Subject: DA2016 - 997.1 Medical Centre And Signage At Lot 7 DP 628535, No. 83 Savoy Street, Port Macquarie

Report Author: Chris Gardiner

Applicant: L Jiang

Owner: TL Investments (NSW) Pty Ltd

Estimated Cost: $800,000

Parcel no: 21694

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2016 - 997.1 for a Medical Centre and Signage at Lot 7, DP 628535, No. 83 Savoy Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a medical centre and signage 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 1398m².

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:

· Demolition of the existing dwelling and outbuildings;

· Removal of existing trees and vegetation; and

· Construction of a medical centre, including signage and off-street car parking.

Refer to attachments at the end of this report.

Application Chronology

· 21 December 2016 - Application lodged.

· 10 January 2017 to 23 January 2017 - Application notified to neighbours.

· 8 March 2017 - Additional information requested from Applicant.

· 9 March 2017 - Additional information submitted to Council by Applicant.

3. STATUTORY ASSESSMENT

Section 79C(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. 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 within the Hastings River.

State Environmental Planning Policy No. 64 – Advertising and Signage

The proposed development includes proposed advertising signage in the form of two business/building identification signs.

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).	Proposal is compatible with desired amenity of the area and provides effective communication in suitable locations. The Applicant has indicated that the sign would be of high quality design and finish.	Yes
Schedule 1(1) Character of the area.	The site is in an area with a residential character. The proposed 1.8m high x 4.5m long signage structures for the development are considered to be of an excessive scale and out of character in the area. Other medical uses are located nearby to the north along Lake Road generally have smaller scale business identification signs that are more compatible with the residential zoning. A condition is recommended requiring an amended signage design prior to the issue of a Construction Certificate with a maximum height of 1.8m and maximum display area of 2.5m². This is consistent with the provisions for wall signs in residential zones under SEPP (Exempt and Complying Development Codes).	Yes, subject to condition
Schedule 1(2) Special areas.	The site is not in a special area.	n/a
Schedule 1(3) Views and vistas.	The proposed signage would not obstruct any views or vistas or dominate the skyline.	Yes
Schedule 1(4) Streetscape, setting or landscape.	The appropriateness of the signage in terms of scale and character of the area is discussed under Schedule 1(1) above. The signage would not protrude above buildings, structures, or the tree canopy. No ongoing vegetation management would be required.	Yes
Schedule 1(5) Site and building.	The signage is compatible with the scale of the building and would not cover or obscure any important architectural features.	Yes
Schedule 1(6) Associated devices and logos with advertisements and advertising structures.	None proposed.	n/a
Schedule 1(7) Illumination.	The proposed development is located in a residential area and it is considered that illuminated signage has the potential to affect the amenity of nearby residents. A condition is recommended requiring all illuminated signage to be fitted with a timer to switch off illumination between the hours of 7.00pm and 7.00am Monday to Saturday. No illumination is permitted on Sundays.	Yes
Schedule 1(8) Safety.	The signage is not expected to adversely affect vehicular, cyclist or pedestrian safety.	Yes

State Environmental Planning Policy No. 71 – Coastal Protection and Clause 5.5 of Port Macquarie-Hastings Local Environmental Plan 2011

The site is located within a coastal zone noting clause 4 of the SEPP.

In accordance with clause 5, this SEPP prevails over the Port Macquarie-Hastings LEP 2011 in the event of any inconsistency.

Having regard for clauses 2, 8 and 12 to 16 of the SEPP and clause 5.5 of the PMH LEP 2011, the proposed development will not result in any of the following:

a) any restricted access (or opportunities for access) to the foreshore

b) any adverse amenity impacts along the foreshore and on the scenic qualities of the coast;

c) any adverse impacts on flora and fauna;

d) the development being subject to any adverse coastal processes or hazards;

e) any significant conflict between water and land based users of the area;

f) any adverse impacts on any items of archaeological/heritage;

g) reduction in the quality of the natural water bodies in the locality (due to effluent & stormwater disposal, construction impacts, landuse conflicts);

h) adverse cumulative impacts on the environment;

i) a form of development that is unsustainable in water and energy demands;

j) development relying on flexible zone provisions.

The site is predominately cleared and located within an area zoned for residential purposes.

State Environmental Planning Policy (Infrastructure) 2007

Clause 57 - Health services facilities are permissible with consent as the land is within a prescribed zone.

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 medical centre 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 development would provide medical services to meet the needs of residents.

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

· Clause 4.3, the maximum overall height of the building above ground level (existing) is 7.1m 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 0.30:1 which complies with the maximum 0.65:1 floor space ratio applying to the site.

· Clause 5.5 - Development within the coastal zone - relevant objectives of this clause are addressed by SEPP 71 section (see above).

· Clause 5.9 - Several listed trees in Development Control Plan 2013 are proposed to be removed. See comments under DCP section below.

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

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

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

No draft instruments apply to the site.

(iii) any Development Control Plan in force:

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: General Provisions*
DCP Objective	Development Provisions	Proposed	Complies
2.2.2.1	Signs primarily identifying products or services are not acceptable, even where relating to products or services available on that site.	Signage is business identification signs only.	Yes
	Signage is not permitted outside property boundaries except where mounted upon buildings and clear of pedestrians and road traffic. No signage is permitted upon light or power poles or upon the nature strip (the area between the property boundary and constructed roadway). Limited directional signage and “A” frame signage may separately be approved by Council under the Roads Act 1993 or section 68 of the Local Government Act 1993.	Signage is within lot boundaries.	Yes
	On-premise signs should not project above or to the side of building facades	Proposal includes only free-standing signs.	n/a
2.2.2.2	Where there is potential for light spill from signage in a non residential zone adjoining or adjacent to residential development, illuminated signage is to be fitted with a time switch to dim by 50% or turn off the light by 11pm each night, depending on the nature of the development.	The proposed development is located in a residential area and it is considered that illuminated signage has the potential to affect the amenity of nearby residents. A condition is recommended requiring all illuminated signage to be fitted with a timer to switch off illumination between the hours of 7.00pm and 7.00am Monday to Saturday. No illumination is permitted on Sundays.	Yes
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline: · Casual surveillance and sightlines · Land use mix and activity generators · Definition of use and ownership · Lighting · Way finding · Predictable routes and entrapment locations	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.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	Less than 1m of cut or fill proposed outside building walls.	Yes
2.3.3.8 onwards	Removal of hollow bearing trees	None proposed to be removed.	Yes
2.6.3.1	Tree removal (3m or higher with 100mm diameter trunk and 3m outside dwelling footprint	The proposal includes the removal of several existing trees. The trees are within the footprint of the development and are not practical to retain. The trees are not listed in Table 2.6.1 as Koala food trees, and offset planting is not required.	Yes
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. Existing accesses rationalised or removed where practical	Access from local road.	Yes
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking	Single driveway crossing of acceptable width.	Yes
2.5.3.3	Off-street parking in accordance with Table 2.5.1. (Provision to consider reduced parking where supported by parking demand study)	Table 2.5.1 requires 3 spaces per consultant, plus 1 space per 2 employees for medical centres. The Applicant has indicated that the development will have 4 consultants and 6 employees. Therefore, 15 spaces are required for the development. A total of 17 off-street parking spaces are proposed, which exceeds the minimum requirement. A condition is recommended allowing some flexibility in staff numbers, providing that it is still within the parking available on the site.	Yes
2.5.3.7	Parking layout in accordance with AS/NZS 2890.1 and AS/NZS 2890.2	Parking layout capable of complying. Conditions recommended requiring certification at Construction Certificate and Occupation Certificate stage.	Yes
2.5.3.7	Parking spaces generally located behind building line	Parking area located behind building line to the Lake Road frontage. It is slightly forward of the building line to Savoy Street, but the majority of the parking area is also behind the building line to the secondary road frontage. Adequate area is available to provide landscaping between the parking area and Savoy Street frontage.	No, but acceptable
2.5.3.8	Accessible parking provided in accordance with AS/NZS 2890.1, AS/NZS 2890.2 and AS 1428	One accessible space proposed.	Yes
2.5.3.11	Section 94 contributions	Refer to main body of report.
2.5.3.12 and 2.5.3.13	Landscaping of parking areas	Perimeter landscaping of the parking area is possible with the layout. Internal tree planting not considered necessary for the scale of the parking area. Condition recommended requiring landscaping plan consistent with these provisions prior to the issue of a Construction Certificate.	Yes
2.5.3.14	Sealed driveway surfaces unless justified	Concrete.	Yes
2.5.3.15	Driveway grades for first 6m of ‘parking area’ shall be 5% grade (Note AS/NZS 2890.1 allows for steeper grades)	Capable of complying. Condition recommended requiring details with Construction Certificate application.	Yes
2.5.3.16	Transitional grades min. 2m length	Capable of complying. Condition recommended requiring details with Construction Certificate application.	Yes
2.5.3.17	Parking areas to be designed to avoid concentrations of water runoff on the surface.	Parking area proposed to be drained to underground detention tank and connected to extension of piped drainage in Lake Road.	Yes
2.5.3.17	No direct discharge to K&G or swale drain	The development is proposed to be connected to an extension of the piped drainage in Lake Road.	Yes

Based on the above assessment, the variations proposed to the provisions of the DCP are considered acceptable and the relevant objectives have been satisfied. Cumulatively, the variations do not amount to an adverse impact or a significance that would justify refusal of the application.

(iiia) any planning agreement that has been entered into under Section 93f or any draft planning agreement that a developer has offered to enter into under Section 93f:

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

iv) any matters prescribed by the Regulations:

New South Wales Coastal Policy:

The proposed development is consistent with the objectives and strategic actions of this policy. See comments under SEPP No. 71 earlier in this report.

Demolition of buildings AS 2601:

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

v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979), that apply to the land to which the development application relates:

No Coastal Zone Management Plan applies to the subject site.

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

The site has a general westerly street frontage orientation to Lake Road and a southerly orientation to Savoy Street.

Adjoining the site to the north is a single storey dual occupancy. Adjoining the site to the east is a single storey dwelling. Adjoining the site to the south are one and two storey dwellings on the southern side of Savoy Street. Adjoining the site to the west are single storey dwellings on the western side of Lake Road.

The broader locality includes a substantial number of medical uses, including the Private Hospital. The proposal is considered to be compatible with other residential and medical development in the locality and adequately addresses planning controls for the area.

The development includes building setbacks to Lake Road and Savoy Street that are less than would be permitted for residential development on the site under Chapter 3.2 of Development Control Plan 2013. The parts of the building that are located within the setback area that would be applicable to a residential development are predominantly fin walls that contribute to the architectural design and articulation of the building. The proposal will be unlikely to have any adverse impacts to existing adjoining properties and satisfactorily addresses the public domain.

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

The proposal does not have significant adverse lighting impacts.

There are no significant adverse privacy impacts.

There 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 Savoy Street and Lake Road.

Adjacent to the site, both roads are public roads under the care and control of Council. Both roads are local streets with SA kerb and gutter and AC pavement. There is an existing footpath along the full frontage of the site.

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.

Site Frontage & Access

Vehicle access to the site is proposed though an individual driveway. The driveway access shall comply with Council AUSPEC and Australian Standards, and conditions have been imposed to reflect these requirements.

Due to the type and size of development, additional works are required to include the reconstruction of the existing road reserve/footway along Lake Road and Savoy Street at a suitable grade. Retaining or battering within the property may also be required as a result of this work. Details will be required to be submitted with the Section 138 application.

A 5m wide easement for batter adjacent to the splay corner is registered on the title of Lot 7 DP 628535 in favour of Council. A 1.8m high x 4.5m long masonry sign is proposed within this easement as part of the development. It is expected that the development would establish a satisfactory batter within the easement and it is unlikely that Council would need to access the site to carry out works in the future.

A condition is recommended requiring the developer to obtain written agreement from Council that the sign is permitted to be erected within the easement prior to the issue of a Construction Certificate.

Refer to relevant conditions of consent.

Parking and Manoeuvring

A total of 17 parking spaces (including 1 disabled space) have been provided on-site. Parking and driveway widths on site can comply with relevant Australian Standards (AS 2890) and conditions have been imposed to reflect these requirements.

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 existing development site has a 20mm metered water service which requires disconnection. The proposed development shall require a 25mm metered water service with RPZ backflow protection at the boundary. 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.

A sectional detail of the proposed driveway is required detailing the exact location of the water main and the depth of the water main. The details shall include the cover provided to the water main in relation to the heavy duty pavement. The existing water main is asbestos cement and shall require replacement along the proposed driveway section in accordance with Aus-Spec subject to the cover requirements. Design details shall be provided as part of the Section 68 and Section 138 applications.

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

Refer to relevant conditions of consent.

Sewer Connection

Council records indicate that the development site will be connected to sewer via a junction connection to the sewer main located in the north eastern corner of the lot.

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

Refer to relevant conditions of consent.

Stormwater

The site naturally grades towards the Lake Road street frontage and is currently serviced via a kerb outlet.

The legal point of discharge for the proposed development is defined as a direct connection to Council’s stormwater pit/pipeline within Lake Road. Extension of the existing piped drainage in Lake Road will be required to service the development.

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 CC.

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

· On site stormwater detention facilities.

· Upsizing of the proposed 225mm pipe in Lake Road to a minimum 375mm pipe and kerb inlet pit.

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

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. Section 5A of the Act is considered to be satisfied.

Waste

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

Energy

The proposal includes measures to address energy efficiency and will be required to comply with the requirements of Section J of the Building Code of Australia. No adverse impacts anticipated.

Noise and vibration

The Statement of Environmental Effects indicates that the proposed hours of operation for the development will be 8.00am to 6.00pm Monday to Friday and 8.00am to 4.00pm on Saturdays. These hours are considered acceptable in a residential context and a condition is recommended restricting hours of operation to those proposed in the application.

Condition also recommended restricting construction to standard construction hours.

Bushfire

The site is not identified as being bushfire prone.

Safety, security and crime prevention

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

Social impacts in the locality

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

Economic impact in the locality

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

Site design and internal design

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

Construction

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

Cumulative impacts

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

Natural Hazards

No natural hazards identified that would affect the proposal.

(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 submissions received and comments in response to these issues are provided as follows:

Submission Issue/Summary

Planning Comment/Response

Traffic safety concerns at the intersection of Savoy Street and Lake Road. Concerns regarding potential for a major accident.

Concerns noted. However, this is a broader issue that is beyond the scope of the development proposal.

Council needs to give consideration to traffic safety impacts of further increasing traffic in a dangerous section of Savoy Street.

Traffic generation and safety have been considered in the assessment of the application. The proposal is considered satisfactory for the following reasons:

· The access location provides adequate separation from the intersection of Savoy Street and Lake Road.

· The access location has adequate safe sight distance.

· The car park design will allow all vehicles to enter and exit the site driving forwards.

· The traffic generated by the development is within the capacity of the existing road.

(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 94A of the Environmental Planning and Assessment Act 1979 towards public facilities that will be or have been provided within the commercial and industrial areas of the LGA.

5. CONCLUSION

The application has been assessed in accordance with Section 79C 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 suitable for the proposed development, is not contrary to the public's interest and will not have 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. DA2016 - 997.1 Plans

2 View. DA2016 - 997.1 Recommended Conditions

3 View. DA2016 - 997.1 Submission - Goddard

AGENDA Development Assessment Panel 22/03/2017

Item: 06

Subject: DA2017 - 35.1 Shed - Lot 61 DP1081580, 8 Yippenvale Circuit, Crosslands

Report Author: Benjamin Roberts

Applicant: S E & A M Purnell

Owner: S E & A M Purnell

Estimated Cost: $9000

Parcel no: 46523

Alignment with Delivery Program

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

RECOMMENDATION

That DA2017 - 35 for a shed at Lot 61, DP 1081580, No. 8 Yippenvale Circuit, Crosslands, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a shed 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 1.053 hectares.

The site is zoned R1 General Residential and RU6 Transition in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan. The location of the proposed shed is within the RU6 zone:

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:

· Construction of a shed

Refer to attachments at the end of this report.

Application Chronology

· 20 January 2017 - Application lodged

· 30 January 2017 - Submission received

· 24 February 2017 - Site inspection

· 8 March 2017 - Revised site plan received

3. STATUTORY ASSESSMENT

Section 79C(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 greater than 1 hectare in area and therefore this policy applies. There is no Koala Plan of Management adopted for the site. The application has nominated that no tree removal is proposed. The site inspection revealed three small eucalypt trees down slope of the shed site which are adequately setback from the shed site to be retained. As the application involves no tree removal no further investigations are required under this policy.

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.

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 and RU6 Transition. The location of the proposed shed is within the RU6 zone. In accordance with clause 2.3(1) and the RU6 zone landuse table, the shed being an ancillary structure to a dwelling is a permissible landuse with consent.

The objectives of the RU6 zone are as follows:

o To protect and maintain land that provides a transition between rural and other land uses of varying intensities or environmental sensitivities.

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

In accordance with Clause 2.3(2), the proposal is consistent with the zone objectives as it is a permissible land use and consistent with the established locality.

Clause 4.3, the maximum overall height of the shed above ground level (existing) is 3.283m, which complies with the standard height limit of 8.5m applying to the site.

Clause 5.9, no listed trees in Development Control Plan 2013 are proposed to be removed.

Clause 5.10, the site does not contain or adjoin any known heritage items or sites of significance and is disturbed from past subdivision activities.

Clause 7.3, the southern portion of the site mapped as within the flood planning area. The proposed shed site is located outside the mapped flood planning area.

Clause 7.13, satisfactory arrangements are in place for provision of essential services.

(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
3.2.2.2	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 articulation zone proposed.	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		Shed located behind dwelling.	Yes
3.2.2.3	Garage 5.5m min. and 1m behind front façade. Garage door recessed behind building line or eaves/overhangs provided		Shed located behind dwelling.	Yes
	6m max. width of garage door/s and 50% max. width of building		N/A	N/A
	Driveway crossover 1/3 max. of site frontage and max. 5.0m width		Existing no change.	N/A
	Garage and driveway provided on each frontage for dual occupancy on corner lot		Not a dual occupancy or corner lot.	Yes
3.2.2.4	4m min. rear setback. Variation subject to site analysis and provision of private open space		> 4m setback to rear boundary.	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		Shed setback >900mm from boundaries.	Yes
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		No adverse privacy impacts identified.	Yes
*DCP 2013: General Provisions*
		Requirements	Proposed	Complies
2.7.2.2		Design addresses generic principles of Crime Prevention Through Environmental Design guideline	Adequate casual surveillance of private and public space available.	Yes
2.3.3.1		Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	No cut and fill details have been provided. However given the setbacks from boundaries any excavation can be adequately managed on site without adversely impacting adjoining properties. Suitable conditions have been applied regarding required retaining structures.	Not clear but considered acceptable.
2.4.3		Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater	Refer to main body of report.	Noted

(iiia) any planning agreement that has been entered into under Section 93f or any draft planning agreement that a developer has offered to enter into under Section 93f:

No planning agreement has been offered or entered into.

iv) any matters prescribed by the Regulations:

No matters prescribed by the regulations apply.

v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979), that apply to the land to which the development application relates:

No coastal zone management plan applies to the site.

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

Context and setting

• The 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 consistent with other residential development in the locality and adequately addresses planning controls for the area.

• There is no adverse impact on existing view sharing.

• There is no adverse privacy impacts.

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

Access, transport and traffic

The proposal will be unlikely to have any adverse impacts in terms access, transport and traffic. The existing road network will satisfactorily cater for any increase in traffic generation as a result of the development.

Water Supply

Service existing. No facilities proposed within shed.

Sewer

Service existing. No facilities proposed within shed.

Stormwater

Sufficient area available for onsite stormwater disposal from the shed.

A stormwater easement, associated pipe network and headwall is located within proximity of the shed site. The easement and stormwater pipe and outlet serves a number of private residences upstream. The site inspection revealed an approximate setback from the outlet and headwall of 4-5m to the shed site. Discussion with Council’s stormwater engineer indicate a preference for a minimum of 3m clearance around the headwall to ensure suitable access is available for future maintenance by benefiting parties. The shed is to be setback >3m from the easement and headwall. Sufficient details have been provided on a revised site plan for clarification.

Other Utilities

Telecommunication and electricity services are existing to the site.

Heritage

Refer to comments on heritage in the LEP 2011 section of this report.

Other land resources

No adverse impacts anticipated. 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

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.

Flora and fauna

Waste

Satisfactory arrangements are in place for proposed storage and collection of waste and recyclables. No adverse impacts anticipated.

Energy

No adverse impacts anticipated.

Noise and vibration

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

Bushfire

The site is identified as being bushfire prone. The proposed shed is to be constructed of bushfire resistance material and located >10m from any dwelling. There is no increased bushfire risk from the proposed development.

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. Likely positive impacts can be attributed to the construction of the development and associated flow on effects (ie maintained employment/expenditure in the construction industry).

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 (1) 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 application does not include correct information.	Sufficient details have been provided for complete assessment of the application.
The site would require more than 1m excavation to accommodate the shed.	No cut and fill details have been provided. However given the setbacks from boundaries any excavation can be adequately managed on site without adversely impacting adjoining properties. Suitable conditions have been applied regarding required retaining structures.
A number of mature gum trees would need to be removed to accommodate the shed in the nominated location.	A site inspection confirmed that no tree removal would be required for the proposed development.
There is a stormwater easement and culvert on site which is not shown on the plans.	Refer to comments under stormwater heading within the report.
The owner has previously undertaken earthworks without Council approval within and around the stormwater culvert.	Noted.

(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

· Not applicable.

5. CONCLUSION

The application has been assessed in accordance with Section 79C of the Environmental Planning and Assessment Act 1979.

Attachments

1 View. DA2017 - 35.1 Plans

2 View. DA2017 - 35.1 Recommended Conditions

3 View. DA2017 - 35.1 Submission - Mackay

AGENDA Development Assessment Panel 22/03/2017

Item: 07

Subject: DA2017 - 49.1 Additions To Existing Dwelling Including Clause 4.6 Objection To Clause 4.3 (Height Of Buildings) Of The Port Macquarie-Hastings Local Environmental Plan 2011 - Lot 390 DP 236950, 5 Vendul Crescent, Port Macquarie

Report Author: Patrick Galbraith-Robertson

Applicant: Beukers & Ritter Consulting Pty Ltd

Owner: H Venter

Estimated Cost: $9,000

Parcel no: 24334

Alignment with Delivery Program

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

RECOMMENDATION

That it be a recommendation to Council that DA 2017 – 49.1 for additions to dwelling, including Clause 4.6 Objection to Clause 4.3 (Height Of Buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 390, DP 236950, No. 5 Vendul Crescent, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a Development Application for additions to an existing dwelling 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, no submissions have been received.

This DA is required to be reported to Council as the proposal includes a height variation greater than 10% to the 8.5m building height standard under the Port Macquarie-Hastings Local Environmental Plan 2011.

1. BACKGROUND

Existing sites features and Surrounding development

The site has an area of 689.20 m2.

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:

· Additions to the existing dwelling of an elevated deck and service platform attached to a steel support structure.

· Installation of glass sliding doors to replace existing windows.

· Installation of 1.8m high privacy screen.

Refer to attachments at the end of this report.

Application Chronology

· 25 January 2017 - Development Application lodged with Council.

· 9 to 22 February 2017 - Neighbour notification of the proposal.

· 14 February 2017 - More information requested on reasons for seeking height variation and privacy screen details.

· 7 March 2017 - Additional information received and amended plans.

3. STATUTORY ASSESSMENT

Section 79C(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, the proposal will be unlikely to have any adverse impact on existing aquaculture industries within the Hastings River approximately 5 kilometres from the site.

State Environmental Planning Policy No. 71 – Coastal Protection and Clause 5.5 of Port Macquarie-Hastings Local Environmental Plan 2011

The site is located within a coastal zone as defined in accordance with clause 4 of SEPP 71.

In accordance with clause 5, this SEPP prevails over the Port Macquarie-Hastings LEP 2011 in the event of any inconsistency.

Having regard to clauses 8 and 12 to 16 of SEPP 71 and clause 5.5 of Hastings LEP 2011 inclusive the proposed development will not result in any of the following:

a) any restricted access (or opportunities for access) to the coastal foreshore

b) any identifiable adverse amenity impacts along the coastal foreshore and on the scenic qualities of the coast;

c) any identifiable adverse impacts on any known flora and fauna (or their natural environment);

d) subject to any identifiable adverse coastal processes or hazards;

e) any identifiable conflict between water and land based users of the area;

f) any identifiable adverse impacts on any items of archaeological/heritage;

g) reduce the quality of the natural water bodies in the locality.

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 additions to dwelling are 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 as it is a permissible landuse and is sufficiently consistent with the established residential locality,

· Clause 4.3, the maximum overall height of the additions above ground level (existing) is 10.9m (including the 1.8m height privacy screen attached to the deck) which is unable to comply with the standard height limit of 8.5 m applying to the site. note the existing dwelling is higher than 10.9m.

· Clause 4.4, the floor space ratio of the proposal is not proposed to change with the additions.

· Clause 4.6, consent must not be granted for a proposal that contravenes a development standard unless the consent authority has considered a written request from the Applicant that justifies the variation by showing that the subject standard is unreasonable or unnecessary and that there are sufficient environmental planning grounds to justify the contravening of the standard.

The Applicant has submitted a Clause 4.6 variation to the standard based on the following reasons:

- The proposed deck addition is to service the top floor of the existing approved dwelling, which is constructed well over 8.5m (approximately 12.8m) at the rear of the dwelling;

- The privacy screen is 1.8m above the deck and approximately 1.9m below the existing roof;

- The location of the deck is positioned where it will not impact on the immediate western neighbour’s amenity and privacy. The neighbouring dwelling is constructed at a similar height to this dwelling, as are most in Vendul Crescent;

- There are numerous dwellings in the immediate neighbourhood which are constructed over 8.5m, as the topography does not allow for much else.

Having considered the application and Clause 4.6 variation, it is agreed the proposal will have minimal impact on the environment as per the reasons identified by the applicant above. The following additional points are made to support the variation:

- The proposal will result is a building height that is compatible with the existing character of the area.

- There is approximately 8m of fall across the current building envelope from north to south making strict compliance with the standard impractcal.

- No adverse view sharing impacts to any neighbouring properties can be identified.

- No submissions have been received.

- The development is consistent with the zoning and height objectives of the LEP 2011 and is unlikely to have any implications on State related issues or the broader public interest.

As per NSW Department of Planning and Environment Circulars PS 08-003 and 08-014, Council can assume the Director’s Concurrence for variations to height limits. In addition, the variation is greater than 10% and therefore required to be determined at an Ordinary meeting of full Council.

· Clause 5.9 - one(1) Bangalow Palm is proposed to be removed which is a listed tree in Development Control Plan 2013 which requires development consent for its removal.

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

· Clause 7.13, satisfactory arrangements are in place for provision of essential services.

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

No draft instruments apply.

(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
	Driveway crossover 1/3 max. of site frontage and max. 5.0m width	n/a
3.2.2.4	4m min. rear setback. Variation subject to site analysis and provision of private open space	>10m	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	0.9m west side setback No adverse overshadowing impacts identified
3.2.2.6	35m2 min. private open space area including a useable 4x4m min. area which has 5% max. grade	Increased useable private open space to existing. >35m2 useable area in total	yes
3.2.2.8	No chain wire, solid timber, masonry or solid steel front fences	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	No 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. 1.8m privacy screen proposed with maximum 25% transparency on the west side.	Yes

*DCP 2013: General Provisions*
	Requirements	Proposed	Complies
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline	Adequate casual surveillance available	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	No change
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)	One(1) Bangalow Palm tree proposed to be removed. No adverse flora impacts identified.	Yes
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater	Refer to main body of report.

(iiia) any planning agreement that has been entered into under Section 93f or any draft planning agreement that a developer has offered to enter into under Section 93f:

No planning agreements have been entered into.

iv) any matters prescribed by the Regulations:

New South Wales Coastal Policy:

The proposed development is consistent with the objectives and strategic actions of this policy.

v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979), that apply to the land to which the development application relates:

No coastal zone management plan applies.

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

Context and setting

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

• The proposal is considered to be consistent with other residential development in the locality and adequately addresses planning controls (including height variation as justified) for the area.

• There are no identifiable adverse impacts on existing view sharing.

• There are no adverse privacy impacts.

• 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.

Access, transport and traffic

The proposal will be unlikely to have any adverse impacts in terms access, transport and traffic.

Stormwater

No additional roofed area. No adverse impacts identified.

Other Utilities

Telecommunication and electricity services are available to the site.

Heritage

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

Other land resources

No adverse impacts anticipated. 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

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.

Flora and fauna

Waste

Satisfactory arrangements are in place for proposed storage and collection of waste and recyclables. No adverse impacts anticipated.

Noise and vibration

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

Bushfire

The site is identified as being bushfire prone.

The Applicant has submitted a self assessment bushfire report. BAL 29 construction is recommended.

The following comments are provided having regard to section 4.3.5 of Planning for Bushfire Protection 2006:

Asset Protection Zones	APZ to be determined in accordance with AS3959	No change to existing APZ.
Siting and building design	Siting and design principles considered section 4.3.5	Concrete and steel addition.
Construction standards	Construction in accordance with AS3959.	FDI rating 80 Effective slope = 10-15 degrees within hazard Distance to hazard = 19m BAL 29 construction
Access requirements	4.1.3 public road access 4.2.7 for internal road access	No change to existing
Water and utility services	4.1.3 services - water and electricity.	No change to existing
Landscaping	Appendix 5 landscaping	No change to existing

The above assessment concludes that the bushfire risk is acceptable subject to BAL construction levels being implemented - condition recommended.

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. Likely positive impacts can be attributed to the construction of the development and associated flow on effects (ie increased expenditure in the area).

Site design and internal design

The proposed development design is 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 of bushfire risk and slope have been adequately addressed and appropriate conditions of consent recommended.

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

Following neighbour notification in accordance with DCP 2013, no submissions have been received.

(e) The Public Interest:

The proposed development satisfies relevant planning controls (including the height variation as justified) and is unlikely to impact on the wider public interest.

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

No development contributions are applicable.

5. CONCLUSION

The application has been assessed in accordance with Section 79C of the Environmental Planning and Assessment Act 1979.

Attachments

1 View. DA2017 - 49.1 Plans

2 View. DA2017 - 49.1 Recommended Conditions

AGENDA Development Assessment Panel 22/03/2017

Item: 08

Subject: DA2017 - 21.1 Primitive Campground - Increase In Number Of Sites (Wauchope Showground) - Lot 22 DP 1147833, 93A High Street, Wauchope

Report Author: Patrick Galbraith-Robertson

Applicant: Wauchope Show Society

Owner: Wauchope Show Society

Estimated Cost: $0

Parcel no: 53746

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2017 – 21 for an Increase in the number of sites associated with a Primitive Campground (Wauchope Showground) at Lot 22, DP 1147833, No. 93A High Street, Wauchope, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a Development Application for alterations to a current approved primitive campground to increase the number of sites 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, 2 submissions have been received.

The proposal is an Integrated Development which requires Bushfire Safety Authority under the Rural Fires Act 1997.

1. BACKGROUND

Existing sites features and Surrounding development

The site has an area of 10.52 hectares.

The site is zoned RE2 Private Recreation in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

The site is the existing Wauchope Showground. The showground has existing powered campsites which are currently only permitted to be used for camping associated with showground events and/or 16 specific sites for primitive camping (outside of normal showground activities).

The showground has frontage to Beechwood Road and High Street.

Adjoining the site to the north-east, north-west and east are existing residential lots occupied by dwelling-houses.

Adjoining the site to the west is Yippin Creek.

Adjoining the site to the south are residential zoned lots occupied by a bus depot, a residential lot occupied by a dwelling and an approved commercial storage premises.

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:

· Increase in the number of short term primitive campsites on the ground from 16 to 21 sites. The 5 extra sites are located within the southern and eastern sections of the Showground.

Refer to attachments at the end of this report.

Application Chronology

· 10 July 2013 - Current DA 2013 - 181 granted development consent for a primitive campground limited to 16 sites.

· 13 January 2017 - DA lodged.

· 1 to 14 February 2017 - Neighbour notification of proposal.

· 6 February 2017 - Referral to NSW Rural Fire Service

· 6 March 2017 - Advice received from NSW Rural Fire Service including Bushfire Safety Authority

3. STATUTORY ASSESSMENT

Section 79C(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) any Environmental Planning Instrument:

State Environmental Planning Policy 21 - Caravan Parks

In accordance with clause 6, caravan park includes by definition a camping ground.

In accordance with clause 8 (1), a camping ground is a permissible land use.

In accordance with clause 8 (2)(b), the number of primitive camping ground sites (21 total proposed) is permitted under the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005. There is no minimum size of land area for a camping ground however there is a maximum restriction of 2 camp sites (2 tents or 1 caravan per site) per hectare (total area of site) in accordance with the regulations (clause 132). In this regard, the site (entire showground) comprises an area of 10.52 hectares which therefore can permit 21 camp sites. The proposal is capable of compliance with the remainder of the requirements of this regulation and relevant conditions are recommended accordingly.

In accordance with clause 8(3), a condition is recommended to restrict the total number of sites to twenty one (21).

In accordance with clause 10, the proposal meets the services and facilities requirements.

State Environmental Planning Policy No. 44 - Koala Habitat Protection

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

No habitat will be removed or modified therefore no further investigations are required.

State Environmental Planning Policy No.55 – Remediation of Land

Following 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. 64 – Advertising and Signage

Standard condition recommended requiring development consent to be obtained for any advertising signage other than signage which is exempt development.

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 RE2 private recreation. In accordance with clause 2.3(1) and the RE2 zone landuse table, the proposed development for a camping ground is a permissible landuse with consent.

The objectives of the RE2 zone are as follows:

1 Objectives of zone

• To enable land to be used for private open space or recreational purposes.

• To provide a range of recreational settings and activities and compatible land uses.

• To protect and enhance the natural environment for recreational purposes.

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

· the proposal is a permissible landuse;

· the use is located within an existing showground which can be used for multiple purposes to encourage alternate recreational opportunities

In accordance with clause 7.13, satisfactory arrangements are in place for provision of essential public utility infrastructure including water and sewer infrastructure to service the development. Provision of electricity and telecommunications are capable of being provided.

(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

Requirement	Proposed	Complies
Part 2 DP 2.5.3.3 - Off street parking requirements	No specific parking rate - area based requirements under Local Government regulations - as primitive camping. Sufficient overflow area available within Showground to accommodate parking as required for use of sites.	N/A
Part 2 DP 2.5.3.14 - parking and manoeuvring surfaces shall be constructed with a coarse base of sufficient depth to suit the amount of traffic generated by the development, as determined by Council. It shall be sealed with either bitumen, asphaltic concrete or interlocking pavers. Council may give special consideration on merit to the use of consolidated unsealed gravel pavement for car parks.	The site has a bitumen sealed entry from High Street. The proposal is for primitive camping only for 21 camping sites. No additional works are proposed to upgrade existing facilities within the Showground.	Yes - acceptable
Part 2 DP 2.7.2 Crime prevention	The siting and orientation of the camping ground sites are within an existing showground which has good casual surveillance and lighting throughout the grounds. No adverse crime risk identified.	Yes

(iiia) any planning agreement that has been entered into under Section 93f or any draft planning agreement that a developer has offered to enter into under Section 93f:

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

iv) any matters prescribed by the Regulations:

No additional matters specified under regulations require consideration.

v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979), that apply to the land to which the development application relates:

No Coastal Zone Management Plan applies to the subject site.

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

The site has street frontage to Beechwood Road and High Street, Wauchope.

The site is the existing Wauchope Showground.

There is an existing development consent applying to the Showground permitting 16 sites to be used for primitive camping.

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

The proposal adequately addresses planning controls for the area.

The proposal will not have any identifiable significant adverse impact on existing view sharing.

The proposal will not have any identifiable significant adverse lighting impacts.

There are no identifiable significant adverse privacy impacts.

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.

Access, Transport & Traffic

The proposal will be unlikely to have any adverse impacts within the immediate locality in terms access, transport and traffic.

The site has a bitumen sealed entry from High Street into the site within showground.

The proposal is for primitive camping only for 16 camping sites.

The existing road network will satisfactorily cater for any increase in traffic generation as a result of the development.

Utilities

Telecommunication and electricity service the showground’s site.

Stormwater

No change to existing. Camp sites on existing grounds only.

Sewer

Sewer is available and connected to the site. An existing dump point is provided for the purpose of campers.

Water supply

Previous comments under DA2013 - 181 were that Council records indicate that Wauchope Showground has five metered water services. A 100 mm PVC water main from High Street extends into the showground land with two fire hydrants provided. There is also a 200mm AC water main across the showground area from Thatcher Street to Beechwood Road with two hydrants within the showground area. These fire hydrants appear to be able to provide fire service coverage to AS 2419 for the proposed development, but this is to be confirmed by the hydraulic consultant.

The normal requirements of caravan and camping ground fire hose reel and fire hydrant protection will be required. Details will be fully assessed as part of the Local Government Act approval for the operation of the camp site.

Heritage

Following a site inspection (and a search of Council records), no known items of Aboriginal or European heritage significance exist on the property. No adverse impacts anticipated.

Other land resources

No adverse impacts anticipated. 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

The operations of the proposed development will be unlikely to result in any adverse impacts on the existing air quality or result in any pollution.

Flora and fauna

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

Waste

Satisfactory arrangements are in place for proposed storage and collection of waste and recyclables. No adverse impacts anticipated.

Energy

No adverse impacts anticipated.

Noise and vibration

No adverse impacts anticipated. A precautionary condition is however recommended that offensive noise as defined under the Protection of the Environment Operations Act 1997, shall not be generated as a result of the operation of the development.

Bushfire

The site is identified as being bushfire prone.

In accordance with Section 100B - Rural Fires Act 1997 - the application proposes development of bushfire prone land for a Special Fire Protection Purpose.

The NSW Rural Fire Service has assessed the development and issued a Bushfire Safety Authority subject to conditions. These conditions are recommended to form part of the development consent. The conditions are attached to this report.

Safety, security and crime prevention

The facility is an existing established showground.

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. Likely positive impacts can be attributed to the development.

Site design and internal design

The camp sites will satisfactorily 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 of bushfire risk have been adequately addressed and appropriate conditions of consent recommended.

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

Two(2) written submissions have been received following neighbour notification 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
10 Beechwood Road
No neighbour notification received of previous DA. Would of opposed previous DA.	Council’s records indicate that neighbour notification letters were sent out as part of the assessment process of DA2013 - 181 in May 2013. It is also noted that a submission was received from the owner of this address at this time. The issues raised in the submission received were taken into consideration as part of the assessment and approval of the DA.
A caravan with a permanent resident is located approximately 6 feet from side boundary fence.	An inspection of the showground during the assessment of this Development Application revealed that no permanent resident is occupying the site referred to adjacent to 10 Beechwood Road. It is also noted that the power supply is located 22m from the eastern property common boundary fence.
Noticed Showground doing work approximately 6 to 10 months ago putting in underground power for sites. Expected notification from Council.	The Development Application 2013 - 181 was approved subject to conditions following neighbour notification and detailed assessment in accordance with applicable planning legislative requirements. Provision of power to each camp site is permitted as part of a primitive campground.
93 High Street
Concerned about the impact of further campers on the traffic flow in and out of the Showground. There has been many near misses with vans and cars entering and exiting the grounds.	The increase in traffic associated with 5 additional camp sites is not considered significant to warrant a detailed traffic assessment being carried out or changes to the existing access arrangements. It is noted that the camp sites are part of the larger showground which could have much larger traffic generation. No upgrades to the existing access arrangements are recommended.
How will development affect land value. Did not buy house to live next door to a caravan park.	The Planning legislation does not require any consideration to be given to any claimed impacts on land values.
Lack of privacy is a concern as I already get a van parked right against fence.	Given the number of sites being limited as shown on the submitted site plan within proximity to this property no adverse impacts can be identified to warrant recommending refusal of the application.

(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

No development contributions previously applied to the primitive campground due to Council resolution of 14 November 2012 that waived development contributions for Show Societies for up to 16 sites.

This proposal increases the sites by five(5), therefore 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

The application has been assessed in accordance with Section 79C of the Environmental Planning and Assessment Act 1979.

Attachments

1 View. DA2017 - 21.1 Plan

2 View. DA2017 - 21.1 Recommended DA Conditions

3 View. DA2017 - 21.1 Submission - Dahl

4 View. DA2017 - 21.1 Submission - Ostler

Member	14/12/16/16	18/01/17	08/02/17	22/02/17	8/3/17
Paul Drake Matt Rogers (alternate)	P	P	P	P	P
Dan Croft Patrick Galbraith-Robertson Warren Wisemantel (alternates)	P	P	P	P	P
David Troemel Caroline Horan (alternate) Bevan Crofts (alternate)	P	P	P	P	A P

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