Agenda of Development Assessment Panel

AGENDA Development Assessment Panel 12/04/2017

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 12/04/2017

Item: 05

Subject: DA2002 - 169.2 & DA2016 - 939.1 Modification To Design Of Previous Approved Residential Subdivision And 6 Additional New Lots - Lot 505 DP 1192771, Greenmeadows Drive, Port Macquarie

Report Author: Patrick Galbraith-Robertson

Applicant: J Newton Constructions Pty Ltd CARE King and Campbell

Owner: J Newton Constructions Pty Ltd

Estimated Cost: N/A

Parcel no: 63729

Alignment with Delivery Program

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

RECOMMENDATION

1. That Section 96 modification application DA2002 - 169 for a alterations to design of residential subdivision at Lot 505, DP 1192771, Greenmeadows Drive, Port Macquarie, be determined by granting consent subject to the recommended modified conditions.

2. That DA2016 - 939 for a subdivision involving an additional 6 torrens title lots at Lot 505, DP 1192771, Greenmeadows Drive, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a Section 96 modification and Development Application for a modification to design, title type and number of lots within a previous approved subdivision and 6 additional new torrens title lots at the subject site. This report provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

Following exhibition of the applications, two (2) submissions have been received.

Both applications are being reported together for consideration as they relate to the same site/development.

1. BACKGROUND

Existing sites features and Surrounding development

The site has a total area of 8.223 hectares.

The subject section of the site is currently zoned R1 General Residential and part RU1 Primary Production in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

At the time of the original determination under DA2002 - 169 (proposed to be modified) the site was zoned 2(a1) Residential under Hastings Local Environmental Plan 2001, 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 (2012):

The site comprises approximately 4.1 hectares of R1 zoned lands, being the land occupied by Stages 4 and 5 of Sanctuary Springs Estate and approximately 4.12 hectares of part R1 and part RU1 zoned lands, being the land predominantly occupied by the stormwater quality ponds that the Sanctuary Springs Estate drains to.

The proposed changes relate to Stage 4 and 5 under DA 2002/169 which is the final development stage of the Sanctuary Springs Estate and is the only portion of the development approved under DA2002/169 to have not been constructed.

2. DESCRIPTION OF DEVELOPMENT

On 11 April 2003 Council issued DA 2002/169 for a residential subdivision subject to conditions. In summary, the approval provided for a staged 100 lot residential subdivision comprising;

- 85 Torrens Title lots;

- 15 Community Title lots; and

- 5 lots to be dedicated to Council as public reserves.

Key aspects of the community title subdivision component of the development to be changed include retaining existing mature eucalypts on the property, creating large lots, having a narrow private road and providing a community property reserve.

Details submitted with the applications state that the majority of the mature eucalypts that existed at the time development consent DA2002 -169 have subsequently died as a result of the fungal root disease phytophthora cinnamomi.

As a result of the changed circumstance and the absence now of the overriding design criteria for the community title subdivision approach, the Applicant has advised that subject modification has been prepared to provide for a residential outcome similar to the previous stages of Sanctuary Springs Estate.

Key aspects of the modification proposals (under two applications) include the following:

· Section 96 modification to DA2002 - 169:

- Tree removal to facilitate a Torrens Title subdivision in lieu of the approved Community Title subdivision (approved Lots 86 to 100);

- Retention of one (1) feature tree, incorporating an elevated platform within a public reserve;

- A realignment to approved road no.5 (cul-de-sac) to comply with the current bushfire legislation, including a minor modification to the areas of approved Lots 77 to 85;

- An increase in the total number of lots from 100 to 115, through a reduction in the allotment sizes to be consistent with the existing lots within Stages 1 to 4 of Sanctuary Springs Estate;

- A minor modification to the approved loop road and on-road parking provision;

- The proposed increase in lot numbers from 100 to 115 represents a numeric increase of 15%, this being a minor numeric departure from the consent;

- Staged construction and completion of the subdivision (as amended).

· New DA 2016 - 939 - 6 lot subdivision within (and reliant upon) the modified subdivision under DA2002 - 169

Refer to attachments at the end of this report.

Application Chronology

· 11 April 2013 - Original DA approved. The current approved DA is attached to this report.

Section 96 DA2002 - 169

· 2 December 2016 - Section 96 modification lodged.

· 12 December to 13 January 2017 - neighbour notification of proposal

· 16 December 2016 - Additional information requested - ecological assessment justification queried and recommend offset planting area be proposed.

· 20 January 2017 - Proposed plan of offset planting area received.

· 23 January 2017 - Advice provided with regard to offset planting location and requested Vegetation Management Plan be submitted.

· 3 March 2017 - Copies of redacted submissions provided to Applicant.

· 10 March 2017 - Amended plans and draft Vegetation Management Plan received.

· 16 March 2017 - Amendments requested to the draft Vegetation Management Plan.

· 22 March 2017 - Additional information requested - clarification of staging, access to existing residence on 71 Greenmeadows Drive to be private back public road, queried park to be a stormwater basin and whether the existing right of carriageway is to be extinguished.

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

Development Application

· 2 December 2016 - DA lodged.

· 8 December 2016 - Referral to NSW Rural Fire Service

· 13 December to 13 January 2017 - neighbour notification of proposal

· 16 January 2017 - Advice received from the NSW Rural Fire Service with Bushfire Safety Authority.

3. STATUTORY ASSESSMENT

SECTION 96 DA2002 - 169

Is the proposal substantially the same?

Section 96 of the Environmental Planning and Assessment Act 1979 enables the modification of consents and categorises modification into three categories - S.96 (1) for modifications involving minor error, mis-description or miscalculation; S.96 (1A) for modifications involving minimal environmental impact; and S.96 (2) for other modifications. Each type of modification must be considered as being substantially the same to that which was originally consented to.

The subject application is being considered under the provisions of Section 96(2). Having regard to the above principles, the Applicant has submitted that the proposal is substantially the same development for the following reasons:

- From both a qualitative and quantitative perspective, the proposed modified development will remain essentially and materially the same development as was approved;

- The proposed modified layout includes a single access connection to Greenmeadows Drive, in the same location as originally approved;

- The internal road maintains a looped network substantially the same as that originally approved;

- The proposed modified lot layout will maintain a development pattern similar to that provided within Stages 1 to 3 of Sanctuary Springs Estate, including the provision of designated on-street parking spaces;

- The footprint of the development remains unchanged; and

- The proposed increase in lot numbers from 100 to 115 represents a numeric increase of 15%, this being a minor numeric departure from the consent.

The reasoning provided from the Applicant with regard to justifying that the development is substantially the same development is considered acceptable and recommended to be supported.

Are there any condition(s) of consent imposed by a Minister, government or public authority that require modification?

N/A

Does the application require notification/advertising in accordance with the regulations and/or any Development Control Plan?

Neighbour notification has been undertaken in accordance with DCP 2013.

In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 79C (1) as are of relevance to the development the subject of the application.

(a) The provisions (where applicable) of:

(i) any Environmental Planning Instrument:

Hastings Local Environmental Plan 2001

The original assessment report stated in 19 August 2002 that all proposed lots were to be contained within the 2(a1) Residential zone that applied at the time with one exception. This related to the large 2849m2 development lot proposed which was part zoned 1(a1) Rural. This particular lot has already been created.

With regard to the modified subdivision proposed, the subdivision remains permissible in the 2(a1) Residential zone that applied to the site at the time of original determination of this DA.

(iii) any Development Control Plan in force:

Development Control Plan No.17 - Subdivision Code.

This DCP was considered as part of the assessment of the original approved subdivision.

The comments with the original assessment report stated the following:

DCP 17 permits consideration of narrower roads than specified each case to be considered on merit. The applicants submit a reduction of Road No.1 carriageway width from 7.0 to 5.5m primarily on the grounds that there is to be no on-street parking along this road. It is highly unlikely that on-street parking will occur on this road as no direct access from individual properties will be permitted.

Assuming this will be the case a 5.5m carriageway is sufficient to allow two large vehicles to safely pass. Furthermore, the numerical standard calculated for road No.4 would also require a higher standard than proposed. The layout of the proposed subdivision identifies this road as a loop and can readily allow traffic to access allotments in either direction from road No.1. It could therefore be considered appropriate to account for a 50% split in traffic generation, and as such permit the 5.5m carriageway width proposed by the applicant. The variation requested for road No.4 could also therefore be supported.

With regard to the modified subdivision proposed, the following comments are made:

· The size and shape of all modified lots are of satisfactory size (also noting lots already approved below 600m2) to accommodate likely future dwellings and their private open space;

· There are no identifiable slope or orientation issues arising from the modified lot design;

· One existing tree is to be retained and included into a proposed park.

· Lots, roads and parking: The increase in number of lots is relatively minor (15%) and will not substantially increase traffic from the development. Future development as an extension of the subject roads is not foreseeable and proposed road design is sufficient to accommodate traffic generated in accordance with Aus-Spec access place road category. Lot sizes currently proposed and provision of on-street perpendicular parking is in keeping with the previously completed stages of Sanctuary Springs Estate. Realignment of approved Road No. 5 provides a better solution from a bushfire protection access standpoint and allows an increase in lot size again in keeping with the remainder of lots in Stages 4 and 5.

· Stormwater: The majority of stormwater from the site is proposed to be directed to existing water quality and detentions ponds constructed previously which will achieve AUSPEC water attenuation/quality targets and provide adequate freeboard to proposed residences during major storm event recurrences. The remaining stormwater will be directed to an existing swale which will satisfy AUSPEC D5 and D7 requirements. In accordance with AUSPEC, all lots will be provided with a direct connection to Council’s piped stormwater network.

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

An ecological assessment prepared by FloraFauna Consulting has been submitted with the modification application to DA 2002 - 169. Within the residential zoned portion of Lot 505, sixteen (16) remnant trees were recorded, including one (1) stag. The remnant trees generally occur as isolated individuals and range from the mature growth stage, with some trees recorded in the late-mature growth stage. Of the 15 trees to be removed, four (4) are hollow-bearing and twelve (12) are preferred Koala food trees.

The FloraFauna Assessment notes that the habitat within the residential area contains very few terrestrial habitat features due to its cleared condition and that habitat features such as vegetation strata, leaf litter and fallen timber are absent.

In relation to the provisions of SEPP 44, four (4) species listed in Schedule 2 were recorded within the study area, which included the adjacent land in the same ownership, including Eucalyptus microcorys (Tallowwood), Eucalyptus robusta (Swamp Mahogany), Eucalyptus tereticornis (Forest Red Gum) and Eucalyptus signata (Scribbly Gum).

The FloraFauna report concludes that although Koala food trees constitute greater than 15% of the remnant tree component, the habitat is unlikely to be Core Koala Habitat and is not considered to be important to the long-term viability of the local Koala population.

During the assessment of the application, in addition to the FloraFauna report, a suitable offset planting area and terms for revegetation and management under a Vegetation Management Plan have been negotiated with the Applicant. A copy of the Vegetation Management Plan (VMP) recommended to be approved with the modified DA is attached to this report.

The modified proposal also includes retention of a single feature tree and inclusion of an adjacent elevated platform. This component of the proposal has been reviewed an Aborist assessment carried out by Woodvale Tree Services. The retained tree is identified as Eucalyptus rossii (Inland Scribbly Gum) and notated as T1 on the attached plans and Woodvale Tree Services Report. The report makes a number of recommendations to improve the health of the tree and to ensure its protection during the construction phase of the elevated platform, including its on-going viability post construction. A condition is recommended in this regard to require compliance with the requirements of the Aborist Report.

NEW DA 2016 - 939

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. 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.

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

State Environmental Planning Policy No.55 – Remediation of Land

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

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

Given the nature of the proposed development and proposed stormwater controls the proposal will be unlikely to have any adverse impact on existing aquaculture industries within the Hastings River approximately 3.5 kilometres from the site.

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 (within section of site to proposal only) is zoned R1 General Residential.

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 lots will provide for future housing

· Clause 4.1, the lot sizes within the proposed subdivision range from 512m2 to 677.4m2. All proposed lots comply with the minimum lot sizes identified in the Lot Size Map relating to the site.

· Clause 5.9 - several listed trees in Development Control Plan 2013 are proposed to be removed.

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

· Clause 7.1, the site is mapped as potentially containing class 3 acid sulfate soils. The subject proposed subdivision of 6 lots are within a previous approved subdivision which is to be modified. No additional new matters require consideration to that currently approved.

· Clause 7.3, the site is within the proposed modified subdivision (proposed Lot 115) and is not identified as being within a Flood Planning Area.

· Clause 7.5 – Koala Habitat – No Plan of Management/ mapped koala habitat applies to the site.

· 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. Provision of electricity will be subject to obtaining satisfactory arrangements certification prior to the issue of a Subdivision Certificate as recommended by a condition of consent.

(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: Chapter 3.6 - Subdivision*
DCP Objective		Development Provisions		Proposed	Complies
3.6.3.1		A site analysis is required for all development and shall illustrate: · microclimate; · lot dimensions; · north point; · existing contours and levels to AHD; · flood affected areas; · overland flow patterns, drainage and services; · any contaminated soils or filled areas, or areas of unstable land; · easements and/or connections for drainage and utility services; · identification of any existing trees and other significant vegetation; · any existing buildings and other structures, including their setback distances; · heritage and archaeological features; · fences; · existing and proposed road network, including connectivity and access for all adjoining land parcels; · pedestrian and vehicle access; · views to and from the site; · overshadowing by neighbouring structures; and · any other notable features or characteristics of the site.		A suitable site plan addressing key requirements has been submitted.	Yes
3.6.3.2		Torrens title lots minimum width of 15m when measured at a distance of 5.5m from front property boundary.		The proposed subdivision is consistent with the relevant development provisions for urban structure and lot layout, as each proposed Torrens Title lot has: 􀁸 A minimum width of 15m at a distance of 5.5m from the front boundary; 􀁸 A minimum width of 7m at the kerb line; 􀁸 A minimum depth of 25m; and 􀁸 A slope that does not exceed 16%. In addition: 􀁸 No battle-axe allotments are proposed; 􀁸 The proposed building envelopes will allow the construction of a dwelling which does not involve more than 1m in cut or fill outside the dwellings external walls; and 􀁸 The orientation of the lots will allow opportunities for passive solar design.	Yes
		Minimum width of 7m when boundaries are extended to kerb line.
		Minimum depth of 25m.
		For lots where average slope of the site is equal to, or exceeds 16%, indicative road and driveway grades are required demonstrating satisfactory access.
3.6.3.4		Lots are to be designed to allow the construction of a dwelling, which does not involve more than 1m cut, or fill, measured from natural ground level, outside the dwellings external walls.
		Lot sizes increased for sloping sites in accordance with Table 3.6.1.
		Additional information provided for slope categories in accordance with Table 3.6.2.
3.6.3.5		Wherever possible orientate streets to maximise the number of east, west and south facing lots and to minimise the number of narrow north facing lots. Residential street blocks should preferably be orientated north-south with dimensions generally limited to 60-80m by 120-150m as illustrated in Figure 3.6-2.
		Lot size and shape are to reflect orientation to ensure future dwelling construction has optimal opportunity for passive solar design.
3.6.3.6		Kerb and guttering, associated street drainage, pavement construction and foot paving across the street frontages should be constructed as part of the subdivision works where these do not exist (may be varied subject to criteria in this clause)		Public frontage works to be completed under DA2002 - 169, as proposed to be modified.	Yes
3.6.3.7		Subdivisions close to urban centres or along arterial roads serviced by public transport achieve yield of >35 dwellings per hectare.		Development allows suitable density as an increase to previous approval DA2002 - 169 which is proposed to be modified.	Yes
3.6.3.8 - 3.6.3.15		Infrastructure – road design and construction		The proposed roads are included in the concurrent modification submission and are generally consistent with the relevant development provisions for road design and construction, noting that the existing special rate variation with Council that funds the on-going maintenance of the open space, drainage system and Estate landscaping (within roads)	Yes
3.6.3.17		Infrastructure - stormwater management		Stormwater management acceptable subject to conditions	Yes
3.6.3.20		Water supply to meet Council’s design specifications.		Capable of complying.	Yes
3.6.3.21		All lots connected to reclaimed water if available.		Capable of complying.	Yes
3.6.3.24		Separate sewer junction provided for each lot.		Capable of complying.	Yes
3.6.3.27		Erosion and sediment control plan to be provided.		To be conditioned.	Yes
3.6.3.34		All service infrastructure should be underground unless otherwise approved by Council.		To be conditioned.	Yes
		All service infrastructure should be installed in a common trench.		Where applicable, to be conditioned.	Yes
		Conduits for the main technology network system should be provided in all streets.		Where applicable, to be conditioned.	Yes
		Conduits are to be installed in accordance with the National Broadband Network Company Limited’s ‘Guidelines for Fibre to the Premises Underground Deployment’.		Where applicable, to be conditioned.	Yes
		Access pits are to be installed at appropriate intervals along all streets.		Where applicable, to be conditioned.	Yes
3.6.3.51		Street trees should be provided along all road frontages generally at a rate of 1 per 20m interval.		Street trees are proposed.	Yes
		Street trees should not affect solar access.		Street trees will not create any adverse impact on solar access.	Yes
3.6.3.52		Street trees from Council’s list.		Street trees are covered by the VMP at types/rates accepted by Council’s Parks Section.	Yes
*DCP 2013: General Provisions*
DCP Objective	Development Provisions		Proposed		Complies
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 infill layout does not create any crime safety issues. The design allows separation from habitat/concealment areas and allows surveillance of the street.		Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls		No adverse cut or fill proposed.		Yes
2.3.3.8 onwards	Removal of hollow bearing trees		Tree removal (including hollow bearing) covered by Ecological Assessment and Vegetation Management Plan.		Yes
2.6.3.1	Tree removal (3m or higher with 100m diameter trunk and 3m outside dwelling footprint		Tree removal covered by Vegetation Management Plan.		Yes
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater		Refer to main body of report.		Noted
2.5.3.2	New accesses not permitted from arterial or distributor roads. Existing accesses rationalised or removed where practical		No new access proposed off an arterial or distributor road.		Yes
2.5.3.11	Section 94 contributions		Contributions apply.		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:

N/A

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:

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

Roads

The site has road frontage to Proposed Road 2, within the subdivision proposed to be modified under DA2002 - 169.

Adjacent to the site, proposed Road 2 will be a sealed public road under the care and control of Council. Proposed Road 2 is a Local Road Formation Width (5.5m) within a 17m Road reserve. Proposed Road 2 features SE kerb, footpath and perpendicular on street parking.

Traffic and Transport

The site is currently approved for residential use. The addition in traffic associated with the development is unlikely to have any adverse impacts to the existing road network within the immediate locality.

Water Supply Connection

Records indicate that the proposed development site does not currently have a water service. The proposed 100mm PVC water main to be provided with DA2002 - 169 on the same side of Road No. 2 will able to service the proposed development. Details are to be provided on the engineering plans to be submitted with the application for Construction Certificate.

Sewer Connection

Sewer will be available from the proposed 150mm PVC sewer main to be provided with DA2002 - 169 along the southern boundary of this lot. Details are to be provided on the engineering plans to be submitted with the application for Construction Certificate.

Stormwater

The site naturally grades towards the street frontage and is to be serviced by interallotment works associated with DA2002/169.

The legal point of discharge for the proposed development is defined as a direct connection to the existing interallotment drainage system servicing the site.

Stormwater from the proposed development is planned to be disposed via Council’s piped stormwater network which is consistent with the above requirements.

A detailed site stormwater management plan will be required to be submitted for assessment with the Section 68 Local Government Act 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

Other Utilities

Telecommunication and electricity services are available to the site.

Evidence of satisfactory arrangements with the relevant utility authorities for provision to each proposed lot will be required prior to Subdivision Certificate approval.

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

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 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

The construction of the proposed development (noting the 6 lots are within the proposed modified subdivision DA2002 - 169) will not require any removal/clearing of any significant vegetation and therefore will be unlikely to have any significant adverse impacts on biodiversity or threatened species of flora and fauna. Section 5A of the Act is considered to be satisfied.

Waste

No adverse impacts anticipated.

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. 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.

The Applicant has submitted a bushfire report prepared by David Pensini Building Certification. The report assumes that proposed subdivision will occur and has carried out an assessment under Section 100B requirements. The DA has been referred to the NSW Rural Fire Service. The RFS have assessed the development and issued a Bushfire Safety Authority subject to conditions. These conditions are recommended to be incorporated into the development consent.

Safety, security and crime prevention

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

Social impacts in the locality

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

Economic impact in the locality

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

Site design and internal design

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

Construction

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

Cumulative impacts

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

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

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

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 public exhibition of the applications.

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

Submission Issue/Summary	Planning Comment/Response
11A Serene Circuit	A public footpath has been previously approved under DA2002 - 169. An extract of the location of the footpath is shown in the first image below this table. The second image below shows that part of the approved pathway network has been constructed to the east of Lots 401, 402 and 403. This constructed pathway links to the existing public pathway network. The Applicant has advised that this was designed as an integral component of the Sanctuary Springs Estate. The subject modification application does not seek to modify this component of the consent. The Applicant has however reconsidered the matter and proposed to bias the approved pathway to the western edge of the easement. It is advised that it is intended to provide a horizontal and vertical separation between the existing dwellings and the public footpath. The third and forth images below show a sketch of the path with cross sections to provide additional detail.
Concern that the adjoining property at the rear of Lot 403 will be developed for buildings, road and footpaths.
Object to a footpath being constructed to the rear of the property and wouldn’t have built a new house on Lot 403.
11B Serene Circuit
Concern that the adjoining property at the rear of Lot 403 will be developed for buildings, road and footpaths.
Concern with the detrimental effect on the outlook at the rear of property and security problem along with element of noise pollution.

IMAGE 1

IMAGE 2

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(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 changes to existing conditions are recommended to the current consent conditions for DA2002 - 169.

· 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 applications have been assessed in accordance with Section 96 and 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.

The site is suitable for the proposed developments, are 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. DA2002 - 169.2 & DA2016 - 939.1 Plans

2 View. DA2002 - 169.2 Subdivision Layout

3 View. DA2016 - 939.1 Plan Of Proposed Subdivision

4 View. DA2002 - 169.2 & DA2016 - 939.1Stormwater Management Plan

5 View. DA2002 - 169.2 & DA2016 - 939.1Sanctuary Springs VMP Approved

6 View. DA2002 - 169.2 Recommended Amended Conditions

7 View. DA2016 - 939.1 Recommended Conditions

8 View. DA2002 - 169.2 & DA2016 - 939.1 NSW Rural Fire Service General Terms of Approval

9 View. DA2002 - 169.2 & DA2016 - 939.1 Submission - Macdonald & Lindo

10 View. DA2002 - 169.2 & DA2016 - 939.1 Submission - Sato

AGENDA Development Assessment Panel 12/04/2017

Item: 06

Subject: DA2016 - 942.1 Retail Premises at Lot 4 Sec A DP 975586, No. 52 Cameron Street, Wauchope Street

Report Author: Chris Gardiner

Applicant: D A Hore

Owner: D A & T L Hore

Estimated Cost: $300,000

Parcel no: 3566

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2016 - 942.1 for a Retail Premises at Lot 4, Sec A DP 975586, No. 52 Cameron Street, Wauchope, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a retail premises 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, 3 submissions have been received.

1. BACKGROUND

Existing sites features and Surrounding development

The site has an area of 811.5m².

The site is zoned B2 Local Centre 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:

· Construction of a new retail premises and associated car parking area.

Refer to attachments at the end of this report.

Application Chronology

· 2 December 2016 - Application lodged.

· 13 December 2016 to 13 January 2017 - Neighbour notification.

· 2 March 2017 - Additional information requested from Applicant.

· 6 March 2017 - Additional information submitted by Applicant.

· 13 March 2017 - Further additional information requested from and submitted by Applicant.

· 29 March 2017 - Shadow diagrams submitted by Applicant.

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. 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 business 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).	The proposal is compatible with the desired character of the area and would provide effective communication in suitable locations.	Yes
Schedule 1(1) Character of the area.	The proposal is consistent with the existing and desired future character of the area. There is no particular theme for advertising in the locality.	Yes
Schedule 1(2) Special areas.	The site is not located in a special area.	n/a
Schedule 1(3) Views and vistas.	The proposal would not obscure or obstruct important views or dominate the skyline.	Yes
Schedule 1(4) Streetscape, setting or landscape.	The scale and proportions of the signage are appropriate for the streetscape. The signage would not protrude above buildings or require ongoing landscape maintenance.	Yes
Schedule 1(5) Site and building.	The signage is compatible with the scale and proportions of the proposed building.	Yes
Schedule 1(6) Associated devices and logos with advertisements and advertising structures.	None proposed.	n/a
Schedule 1(7) Illumination.	Plans do not identify any illumination for the signage.	n/a
Schedule 1(7) Safety.	Bottom of under awning sign achieves the required minimum 2.6m above footpath level and is not expected to impact on safety.	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 B2 Local Centre. In accordance with clause 2.3(1) and the B2 zone landuse table, the proposed development for retail premises is a permissible landuse with consent.

The objectives of the B2 zone are as follows:

o To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

o To encourage employment opportunities in accessible locations.

o To maximise public transport patronage and encourage walking and cycling.

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

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 a retail use for people in the local area;

o The development would provide employment opportunities in an accessible location.

o The development would make a positive contribution to the streetscape.

· Clause 4.3, the maximum overall height of the building above ground level (existing) is 6.77m which complies with the standard height limit of 11.5m applying to the site.

· Clause 4.4, the floor space ratio of the proposal is 0.39:1 which complies with the maximum 1.5:1 floor space ratio applying to the site.

· Clause 5.9 - No listed trees in Development Control Plan 2013 are proposed to be removed.

· 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: Business & Commercial Development*
DCP Objective	Development Provisions	Proposed	Complies
3.4.3.1	Setbacks: A zero metre setback to ground floor is preferred in all business zone developments.	Zero metre front setback.	Yes
3.4.3.3	Roof Form: Variations in roof form including the use of skillions, gables and hips are to be provided in the development.	Gable roof proposed.	Yes
	Variations in roof materials shall be used.	Not considered necessary for scale of the building.	No, but acceptable
	Parapets and flat roofs should be avoided.	Gable roof proposed.	Yes
	In an established street, roof form and materials shall be consistent or complementary to those developments in that street.	Metal sheet roofing consistent with existing development in the street.	Yes
	Lift over-runs and service plant shall be concealed within roof structures. All roof plant must be represented on plans and elevations.	No roof plant proposed.	Yes
	Roof design shall generate an interesting skyline and be visually interesting when viewed from adjoining developments.	Roof design considered acceptable.	Yes
3.4.3.4	Colours, construction materials and finishes should respond in a positive manner to the existing built form, character and architectural qualities of the street.	Proposed rendered fibre cement facade of the building responds positively to existing brick and rendered masonry shop fronts in the locality. The architectural form of the building would satisfactorily fit into the streetscape.	Yes
3.4.3.5	Shopfront widths are to be between 15 and 20 m.	Shopfront width 11.25m.	No*
	Widths up to a maximum of 30 may be considered where the building achieves superior built design and streetscape outcomes.	n/a	n/a
	The maximum length of any similar façade treatment is 22m.	Maximum length 11.35m.	Yes
	Side and rear facades are to be treated with equivalent materials and finishes to the front façade.
3.4.3.6	Any security grilles shall be provided inside the building, behind glazing and designed to ensure transparency to the interior.	None proposed.	n/a
3.4.3.7	Infill development or alterations should respect the form, scale and massing of existing traditional buildings.	Proposal respects the scale and form of existing traditional buildings. Articulated parapet has a horizontal form consistent with the majority of buildings on the eastern side of Cameron Street between the site and High Street. The awning style is consistent with adjoining buildings.	Yes
3.4.3.7	Where traditional frontages and facades set the architectural theme for parts of a Centre, infill buildings or alterations respect and reflect the architectural qualities and traditional materials of those buildings, but do not necessarily imitate historical architectural styles.	Proposed building facade is compatible with existing traditional buildings in the centre.	Yes
3.4.3.8	Active Frontages: Ground floor levels shall not be used for residential purposes in B1, B2, B3 and B4 zones.	Active frontage - glazed shop front.	Yes
3.4.3.9	A minimum of 50% of the ground floor level front facade is to be clear glazed.	Yes	Yes
	Active frontages must consist of one or more of the following: · A shop front. · Commercial and residential lobbies. · Café or restaurant if accompanied by an entry from the street. · Public building if accompanied by an entry from the street.	Shop front.	Yes
	Active ground floor uses are to be accessible and at the same level as the footpath.	Yes	Yes
3.4.3.11	Awnings: Continuous shelter from the weather is to be provided for the full extent of the active street frontage.	Yes	Yes
3.4.3.12	Any awnings are to be horizontal or near horizontal (maximum pitch of 10%).	8.7% pitch.	Yes
	Awnings are to be between 3.2m and 4.2m from the finished front property boundary level at the building edge to the underside of the awning.	Minimum 3.2m	Yes
	A minimum awning width of 2.5m is required unless this cannot be achieved because of narrow pavements and street tree planting, traffic signals, traffic signage or utility poles.	2.5m wide.	Yes
	New awnings shall be set back at least 1.0m from the kerb line.	1.1m setback from kerb line.	Yes
	All contiguous awnings must be of consistent height and depth and of complementary design and materials.	The awning style is consistent with adjoining buildings. The depth of the awning is slightly greater than the adjoining building (approximately 0.25m). However, the depth of the awning is consistent with existing awnings to the south of No. 54 Cameron Street. The underside of the awning would be approximately 0.4m higher than the adjoining awning at No. 54 Cameron Street. The existing awning for the adjoining building is approximately 2.8m above footpath level, and continuation of the proposed new awning at the same level would not provide appropriate footpath clearance for under awning signs. The proposed 3.2m height is considered appropriate in the circumstances.	No, but acceptable
	Materials shall ensure high quality design and amenity in the public domain.	Yes	Yes
	New awning fascias must be coordinated with adjacent awning fascias where they exist. In all other instances fascias are to be solid, flat and between 300mm and 700mm in height.	Awning fascia height 500mm and consistent with adjacent awning.	Yes
3.4.3.13	Skylights may be provided in the awning for a maximum depth of 1/3 of the total awning depth.	None proposed.	n/a
3.4.3.13	Under awning lighting shall comply with AS/NZS1158.	Condition recommended confirming this requirement.	Yes
3.4.3.19	Fencing for security or privacy shall not be erected between the building line and the front boundary of a site.	Not proposed.	Yes
3.4.3.21	Street furniture, including seats, bollards, grates, grills, screens and fences, bicycle racks, flag poles, banners, litter bins, telephone booths and drinking fountains are coordinated with other elements of the streetscape.	None proposed.	n/a
3.4.3.22	Any ramps are to be integrated into the overall building and landscape design.	None proposed.	Yes
3.4.3.22	The development complies with AS1428—Design for Access and Mobility.	Capable of complying. Details would be required to be confirmed with the CC.	Yes
3.4.3.25	Separate storage bins for collection for organic waste and recyclable waste are provided in the development.	Adequate area available for bin storage at rear of building or in storage area.	Yes
3.4.3.26	Where waste facilities cannot be collected at the street, evidence that the site can be serviced by a waste collection service must be provided.	Waste collection possible from rear parking area.	Yes
3.4.3.27	The number of vehicular crossovers shall be kept to a minimum and appropriate sight lines provided to ensure safe integration of pedestrian and vehicular movement.	Single crossover of appropriate width proposed.	Yes
3.4.3.27	At-grade / surface car parking areas adjacent to streets shall be generally avoided or at least adequately softened by appropriate landscaping.	At grade parking located at the rear of the site.	Yes
3.4.3.30	Pedestrian Entries & Access: The development complies with AS1428—Design for Access and Mobility.	Capable of complying. Details will be required with Construction Certificate application.	Yes
3.4.3.35	Commercial Development Adjoining Residential Land uses: The development is designed so that all vehicle movement areas and servicing areas are located away from adjoining residential areas.	A residential dwelling located in a B4 Mixed Use zone adjoins the site to the east, and a first floor flat adjoins the site to the south. The car park for the development would be located adjacent to the rear boundary of the property adjoining the dwelling and the rear yard of the property containing the first floor flat. The access to the car park is located on the northern side of the lot, away from adjoining residential uses.	No (see below)
	Where this cannot be achieved visual and acoustic treatment of the interface is required.	A 1.8m high fence is proposed along the rear and side boundaries of the development, which would reduce the potential visual impacts and traffic noise.	Yes
	The building elevation adjoining the residential area must be; · Articulated, with changes in setback at intervals no greater than 10m; · Use a variety of materials and treatments; · Be setback a minimum of half the height of the wall or a minimum of 3.0metres whichever is greater.	Setback of 25.47m from rear boundary and wall length 11.35m. Considered acceptable given the significant setback.	No, but acceptable
	Waste areas are located and managed to minimise pests, noise and odour.	Adequate area available for bin storage at rear of building or in storage area.	Yes

*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.	Condition recommended confirming that signage within the nominated panels is to be business identification signs or building identification signs, as defined in the LEP.	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.	Under awning sign attached to building.	Yes
	On-premise signs should not project above or to the side of building facades	Signage does not project above or to the sides of the building.	Yes
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.	No illumination identified for signage. Precautionary condition recommended requiring any illuminated signage is to be fitted with a time switch to dim by 50% or turn off the light by 11pm each night.	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 cut or fill proposed.	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	None proposed to be removed.	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 of appropriate width proposed.	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)	Retail premises require 1 space per 30m² GLFA. The GLFA of the development is 201.8m² (excluding storage area and toilet per the definition in former DCP 18). Therefore a minimum of 7 off-street parking spaces are required. The proposal provides 7 parking spaces, including one space for people with a disability, and satisfies the minimum parking requirement.	Yes
2.5.3.7	Parking layout in accordance with AS/NZS 2890.1 and AS/NZS 2890.2	Capable of complying.	Yes
2.5.3.7	Parking spaces generally located behind building line	Yes	Yes
2.5.3.8	Accessible parking provided in accordance with AS/NZS 2890.1, AS/NZS 2890.2 and AS 1428	Yes	Yes
2.5.3.11	Section 94 contributions	Refer to main body of report.
2.5.3.14	Sealed driveway surfaces unless justified	Condition recommended confirming this requirement.	Yes
2.5.3.19	Commercial development having a floor space less than 500m² need not provide a loading bay.	The development has a floor area less than 500m² and a loading bay is not required.	Yes

*DCP 2011: Wauchope Town Centre Precinct*
DCP Objective	Development Provisions	Proposed	Complies
OB2	DP2.1 - New development should retain the scale of the main street edge	Proposal is consistent in scale existing one and two storey development in the locality.	Yes
	DP2.2 - Shop fronts and the architectural profile of buildings should respond in width to the predominant narrow lot frontage.	Shop front reflects the existing narrow lot width.	Yes
	DP2.3 - Shop fronts should be predominantly glass for cafes/ restaurants and encouraged to open fully to the street	Fully glazed shop front proposed.	Yes
	DP2.4 - Building facades, including colour pallets, should respond in a positive manner to the existing historical, cultural and high quality built form within Wauchope.	The building facade responds in a positive manner to the existing traditional built form in the street. Articulated parapet has a horizontal form consistent with the majority of buildings on the eastern side of Cameron Street between the site and High Street. The awning style is consistent with adjoining buildings.	Yes
	DP2.5 - At the street level, building facades, excluding restaurants, cafes and the like, should present a coordinated edge. Second and third level windows should complement the building style above the ground floor retail use with facades terminating by either articulated parapets or over-sailing pitched roofs.	Development would provide coordinated edge at ground floor level. An articulated parapet is proposed above awning level.	Yes
	DP2.6 - All buildings should have continuous, coordinated design and depth of awnings, which respond to the town’s architectural qualities and provide shelter for pedestrians and street users. Awnings may be 1-2 storey verandas with posts for upper balconies where practical.	The awning style is consistent with adjoining buildings. The depth of the awning is slightly greater than the adjoining building (approximately 0.25m). However, the depth of the awning is consistent with existing awnings to the south of No. 54 Cameron Street. The underside of the awning would be approximately 0.4m higher than the adjoining awning at No. 54 Cameron Street. The existing awning for the adjoining building is approximately 2.8m above footpath level, and continuation of the proposed new awning at the same level would not provide appropriate footpath clearance for under awning signs. The proposed 3.2m height is considered appropriate in the circumstances.	Yes
	DP2.7 - Verandah posts are encouraged to be reinstated where possible. Post positions should be buffered from the carriageway to provide for pedestrian and vehicle safety.	n/a	n/a
	DP2.8 - The use of weatherboards or masonry materials is encouraged.	Rendered fibre cement proposed for the northern and western facades of the building. This would give an appearance similar to existing rendered masonry buildings on the western side of Cameron Street.	No, but acceptable

The proposal seeks to vary Development Provision 3.4.3.5 in relation to the recommended shopfront width.

The objective of the provision is to avoid bulky and unattractive buildings by encouraging high quality architectural building facades.

The proposal is considered to consistent with the objective for the following reasons:

· The site has an existing frontage of less than 15m and access to the rear parking area is required;

· The narrow shopfront width is consistent with the existing fine grain character of the Wauchope Town Centre;

· The building is single storey and the design of the facade is not considered bulky or unattractive.

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 of 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:

No provisions of the regulations are applicable to the proposal.

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 Cameron Street.

Adjoining the site to the north is a single storey weatherboard building used for residential purposes.

Adjoining the site to the east is a single storey residential dwelling.

Adjoining the site to the south is a two storey brick building with ground floor commercial premises and shop top housing on the first floor.

Adjoining the site to the west is a mix of one and two storey commercial buildings.

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

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

The proposal does not have significant adverse lighting impacts.

There are no significant adverse privacy impacts.

Overshadowing

The first floor flat of the adjoining building at No. 54 Cameron Street contains two north-facing windows setback approximately 1m from the side boundary. The owner of the property has indicated that the two windows are associated with living areas in the flat. The development proposes a wall built to the boundary that would potentially affect solar access to these windows.

The proposed development is separated from the first floor wall of No. 54 Cameron Street by approximately 1.3m and the wall proposed to be constructed at the boundary would project 1.3m above the ground floor wall of the existing building. The top of the proposed wall would be up to 1m above the sill height of the two north-facing living room windows in the adjoining first floor flat.

The Applicant has submitted shadow diagrams demonstrating that the proposal does not prevent adjoining properties from receiving 3 hours of sunlight to private open space and the primary living area windows on 21 June.

Roads

The site has road frontage to Cameron Street, designated a Commercial Street (using the AUS-SPEC classification system) in Wauchope’s CBD. Cameron Street is a Council owned and maintained road with a 16m wide formation within a 20m wide road reserve. This formation width includes informal angle parking on the far (western) side and parallel parking spaces on the side closest to the site (eastern), with upright (SA) type kerb and gutter on both sides. The site is fronted by a 1.2m wide concrete footpath which will need to be widened to concrete for the full verge width.

Traffic and Transport

The site is currently vacant land. For traffic estimation the proposed commercial use has a floor space of approximately 316m² including 105m² of storage area. The RMS Guide to Traffic Generating Developments provides various data due to the high variability of traffic rates for retail floor space. A rate of 3.8 to 16.3 trips per 100m² during the Saturday (peak) hour may occur (using the shopping centre ‘slow trade peak rate’ and the shopping centre ‘average peak rate’). The daily rate is given as 121 trips per 100 m². These rates are likely to be higher than the expected trade for a specialty retail store within Wauchope CBD but are useful for sensitivity analysis. Applicable trip counts are thus not likely to exceed:

· 12 to 52 trips during the Saturday peak AM period, and

· 380 trips during a peak day.

Cameron Street is a designated Commercial route and a count to the north of 1340 in 2013 indicates an AADT of approximately 1000-1500 vehicles per day along this road. The Oxley Highway is less than 100m to the south of the site and conveys a much higher order of traffic on a daily basis.

The local road network therefore has sufficient capacity to accommodate the development as proposed.

Site Frontage & Access

Vehicle access to the site is proposed though one access driveway to a car park at the rear of the building. A two-way driveway is not required for this proposal with reference to the standards because the driveway is less than 30m long, peak hourly trips are unlikely to exceed 30, Cameron Street is not an arterial road, and more than one third of the narrow site frontage would be taken up by a two-way driveway. All accesses shall comply with Council AUSPEC and Australian Standards, and conditions have been imposed to reflect these requirements.

Parking and Manoeuvring

A total of 7 parking spaces are proposed within the site boundary including 1 disabled space. 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 with a dedicated turnaround 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 an existing 20mm metered water service from the 150 AC water main on the opposite side of Cameron Street.

Sewer Connection

Council records indicate that the development site is connected to sewer via a junction to the sewer main that traverses the site.

The proposed building must be designed so that no additional loads are transferred to the existing sewer infrastructure. The existing sewer junction must be relocated clear of the proposed building.

Stormwater

The surrounding land grades to a natural gully through the centre of the site. A Council drainage pipe traverses the site (under the proposed car park) draining adjoining properties from the north to the south. The proposal is compatible with ensuring that overland flows during extreme storm events do not damage the proposed or adjoining buildings, by channelling any overflow from the road reserve through the proposed access handle to the rear car park.

The legal point of discharge for the proposed development is defined as a direct (piped) connection to Council’s existing stormwater pipe that traverses the site. There is no evidence that an easement benefitting Council exists over the pipeline, and as the proposal is an intensification of development over the site of the pipe, an easement will need to be formalised prior to the issue of an Occupation Certificate to protect the future public interest in drainage across the land. Property fencing and car park levels will need to be designed so as to not impede large flows as they traverse the gully through the middle of the site.

A detailed site stormwater management plan will be required to be submitted for assessment with the Section 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.

· As the site is traversed by / located adjacent to an existing stormwater pipeline, a dilapidation report is required to be undertaken pre and post works to ensure that the structural integrity of the public stormwater infrastructure is not impacted upon by the proposed development.

Refer to relevant conditions of consent.

Other Utilities

Telecommunication and electricity services are available to the site and separate application to those authorities will be needed.

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

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 hours of operation for the proposal are 9.00am to 8.00pm Monday to Friday and 9.00am to 4.00pm Saturdays and Sundays. These hours are considered acceptable in the context of the Local Centre zoning.

Having regard to the adjoining residential uses to the east and south of the site, it is recommended that deliveries to the premises be restricted to between 7.00am and 6.00pm Monday to Saturday.

Conditions are recommended confirming the above hours.

Condition also recommended restricting construction to standard construction hours.

Bushfire

The site is not identified as being bushfire prone.

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. The development would also create ongoing employment opportunities.

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

The proposal includes construction essentially to the side boundary adjacent to the wall of the existing building at No. 54 Cameron Street to the south. A condition is recommended requiring a dilapidation report prior to commencing work and following completion of construction.

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:

Three written submissions have been received following public exhibition of the application.

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

Submission Issue/Summary	Planning Comment/Response
Council notification not received by owner of No. 54 Cameron Street.	Notification letter was sent to owner’s managing agent on 8 December 2016.
Overshadowing and loss of light to northern windows of first floor flat at No. 54 Cameron Street.	See comments earlier under Overshadowing. The Applicant has demonstrated that satisfactory solar access would be retained to the windows of the existing building.
Loss of sunlight to clothes drying facilities in rear yard of No. 54 Cameron Street.	The submitted shadow diagrams demonstrate that adequate sunlight to the clothes drying facilities on the neighbouring property would be retained between 9.00am and 12.00pm on 21 June. It is noted that there is no specific provision in the relevant planning controls that requires solar access to clothes drying facilities to be retained.
Fill adjacent to the wall of No. 54 Cameron Street will cause dampness.	No fill is proposed adjacent to the wall of the neighbouring property.
Construction commenced on site without consent.	This matter has been addressed by Council’s Compliance Section.
No analysis of the impact of the development on the adjoining property to the south is provided in the Statement of Environmental Effects. Shadow diagrams have not been provided.	Shadow diagrams and a section plan have subsequently been submitted by the Applicant.
The proposal is inconsistent with the objectives of Clause 4.3 (Height of Buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011.	The proposed building is substantially below the 11.5m height limit for the area and is therefore deemed to be consistent with the objectives of Clause 4.3 of the LEP. Consideration of the objectives of Clause 4.3 would only be necessary if the proposal sought to vary the maximum height of buildings for the area.
Inconsistency between the extent of shadowing shown in plan and elevation on the submitted shadow diagrams.	The shadow diagrams in plan view show the extent of shadow that would be cast on the neighbouring property at ground level. The 3 dimensional diagrams show the height that the shadow would fall on the first floor wall of the neighbouring building.
Detrimental loss of outlook and reduction of day light to No. 54 Cameron Street.	It is acknowledged that the development would result in a loss of the existing outlook from the first floor windows. The existing outlook is across a side property boundary in an area with an 11.5m height limit. It is not considered reasonable for an outlook to be retained in this context. The first floor windows of the adjoining flat would retain direct sunlight in excess of the minimum requirements of Development Control Plan 2013. It is therefore considered that the development would not result in an unreasonable loss of daylight.
The design could be mirror reversed to locate the driveway on the southern side and reduce the impacts of the building on the first floor flat at No. 54 Cameron Street.	This suggestion has been provided to the Applicant for consideration and it has been requested that the proposal be assessed as submitted. The impacts of the proposal to construct the building on the southern boundary are not considered to be of a significance that would warrant requiring the design to be amended. It is also not considered desirable to locate the driveway access on the southern side of the site adjacent to the windows of the residential flat due to the impacts of traffic noise and emissions. DCP 2013 requires driveways and loading areas to be located away from residential areas where possible.
If Council does not support the proposition to mirror reverse the plan, the roof should be redesigned to a skillion roof with minimal roof pitch so that at least the outlook of the windows to the south is maintained.	Amendment to the roof form as suggested would result in limited improvement to the outlook from the windows of the neighbouring flat. Noting the limitations of preserving outlook across a side property boundary in an area with an 11.5m height limit, it is not recommended that the Applicant be required to make this design amendment.
Adequate conditions need to be imposed to ensure that the construction on the southern boundary is consistent with the requirements of the Building Code of Australia.	It is a prescribed condition under Clause 98 of the Environmental Planning and Assessment Regulation 2000 that the work must be carried out in accordance with the requirements of the Building Code of Australia. A condition has also been recommended requiring a dilapidation report, to ensure that the adjoining structure is adequately protected during construction.

(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 - 942.1 Plans

2 View. DA2016 - 942.1 Recommended Conditons

3 View. DA2016 - 942.1 Submission - Hari

4 View. DA2016 - 942.1 Submission - Horiatopoulos for Hari 01

5 View. DA2016 - 942.1 Submission - Horiatopoulos for Hari 02

AGENDA Development Assessment Panel 12/04/2017

Item: 07

Subject: DA2016 - 984.1 Staged construction Of Multi Dwelling Housing With Torrens Title Subdivision - Lots 10 & 11Sec F, DP 24850, No 54 Kalinda Drive, Port Macquarie

Report Author: Fiona Tierney

Applicant: STOWKIN PTY LTD

Owner: STOWKIN PTY LTD

Estimated Cost: $780000

Parcel no: 10595 & 35733

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2016 - 984 for a staged construction of multi dwelling housing with torrens title subdivision at Lot 10 & 11, DP 24850, No. 54 Kalinda Drive, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a staged multi dwelling housing development with torrens title subdivision at the subject site. The report 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 1092.6m2.The site is an existing elevated residential block that currently has a single dwelling and pool constructed over 2 allotments. The site is surrounded by existing residential development that is slowly undergoing renovation and redevelopment.

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:

· Subdivision to create 3 lots from 2.

· Staged construction proposed to allow release of each completed dwelling

· Construction of 3 x 4 bedroom dwellings

· Construction of associated retaining walls and fencing

· Construction of new driveways

Refer to attachments at the end of this report.

Application Chronology

· 16 December 2016 - DA lodged.

· 15 to 23 January 2017 - Neighbour notification of proposal

· 1 March 2017 request by applicant to defer matter to April 12 DAP

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. 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.

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

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. A standard condition is recommended to ensure compliance of works with the BASIX certificate.

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, multi dwelling housing 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 as it is a permissible landuse and consistent with the established residential locality,

· Clause 4.3, the maximum overall height of the building above ground level is 7.418m which complies with the maximum 8.5m standard.

· Clause 4.4, the floor space ratio (FSR) of the proposal is 0.39:1.0 FSR which complies with the maximum 0.65:1 floor space ratio applying to the site.

· Clause 5.9 - Minor shrubs and small trees only to be removed.

· 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 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	Minor encroachment by 300mm into articulation zone by upper balcony	yes
3.2.2.2	Front setback (Residential not R5 zone): • Min. 4.5m local	Minimum 4.5m proposed	Yes
3.2.2.3	Garage 5.5m min. and 1m behind front façade. Garage door recessed behind building line or eaves/overhangs provided	Minimum 5.8	Yes
	6m max. width of garage door/s and 50% max. width of building		Yes
	Driveway crossover 1/3 max. of site frontage and max. 5.0m width		Yes
	Garage and driveway provided on each frontage for dual occupancy on corner lot	Each dwelling has a single driveway
3.2.2.4	4m min. rear setback. Variation subject to site analysis and provision of private open space	>4m	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	Ground floors Lot 1-West-1.2m Lot 3- East- 1.398m First Floor Lot 1- West- 2.5m Lot 3- East 1.4m	Yes- applicant has demonstrated that no adverse overshadowing will occur.
3.2.2.6	35m2 min. private open space area including a useable 4x4m min. area which has 5% max. grade	>35m2	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	The proposed deck areas on the first floor requires privacy screening adjacent to the side boundary. This would retain the outlook over the rear yard, but maintain privacy. This is proposed to be addressed via a condition of consent. The small balcony off the master bedroom is not considered to require any privacy screening due to the street front location, small area and not being located off a primary living area	Yes- condition

*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	1m max proposed. Dropped edge beams to be utilised to minimise fill.	Yes
2.3.3.2	1m max. height retaining walls along road frontage		N/A
	Any retaining wall >1.0 in height to be certified by structure engineer		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		N/A
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater	Refer to main body of report.
2.5.3.3	Parking in accordance with Table 2.5.1. 1 space per single dwelling (behind building line)		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		Yes
2.5.3.14	Sealed driveway surfaces unless justified		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		Yes
2.5.3.17	Parking areas to be designed to avoid concentrations of water runoff on the surface.		Yes
2.5.3.17	Vehicle washing facilities – grassed area etc available.		Available

Port Macquarie-Hastings Development Control Plan 2013

Based on the above assessment, the variation proposed to the standard privacy provisions of the DCP is 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.

Demolition of buildings AS 2601:

The existing dwelling is proposed to be demolished conditions of consent to be applied.

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:

Nil

(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 sufficiently 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 privacy impacts, as justified earlier in this report.

• There are no adverse overshadowing impacts.

Water, Sewer and Stormwater

Service available – details required with S.68 application.

Other Utilities

Telecommunication and electricity services are available to the site.

Heritage

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

Other land resources

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

Construction of the proposed development will require removal/clearing of two existing trees however these trees are considered to not be of any significance to warrant retention. The existing tree in the south-western corner is also noted to be in poor health. The proposal 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. Condition recommended to restrict construction to standard construction hours.

Bushfire

The site is not identified as being bushfire prone.

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 (i.e. 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 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
Fence to be a uniform colourbond construction and accurately surveyed to ensure it is erected in the correct location.	A survey will be carried out as part of the proposed subdivision. A condition of consent has been recommended to require 1.8m solid boundary fencing for side and rear boundaries. The type and costing of the fencing is a matter for the respective property owners.
Windows erected on the top floor will impact on privacy. These to be relocated to front and rear of dwellings.	Windows adjoining the boundary are service and bedroom windows and are not living areas. It is considered that no undue privacy impacts will result from the installation of these windows.
Do not accept the variation to upper first floor setbacks to side boundaries. Location of dwellings will result in overshadowing of our home.	The upper levels are permitted to be set in to 900mm where it can be demonstrated that overshadowing complies with the 3hr control guideline. The blocks are oriented north south and the applicant has submitted shadow diagrams that indicate the proposal will not result in adverse overshadowing. It is noted that the southern facing private open space area of the adjoining dwelling is largely overshadowed by itself.

(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

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

Attachments

1 View. DA2016 - 984.1 Plans

2 View. DA2016 - 984.1 Recommended DA conditions

3 View. DA2016 - 984.1 Submission - Hayek

4 View. DA2016 - 984.1 Shadow diagram

AGENDA Development Assessment Panel 12/04/2017

Item: 08

Subject: DA2017 - 32.1 - Addition Of Floating Pontoon And Storage Shed For Jet Skis Associated With an emergency services facility (Marine Rescue) - Lot 1 DP 1064060, Buller Street, Port Macquarie

Report Author: Patrick Galbraith-Robertson

Applicant: Marine Rescue NSW

Owner: State of NSW, Department of Industry - Lands

Estimated Cost: $31,000

Parcel no: 16916

Alignment with Delivery Program

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

RECOMMENDATION

That the Development Assessment Panel recommend to Council that DA2017 - 32 for an addition of floating pontoon and storage shed for jet skis associated with an emergency services facility (Marine Rescue) at Lot 1 and 2, DP 1064060, No. 11A Buller Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a Development Application for additions of a floating pontoon and storage shed for jet skis associated with an emergency services facility (Marine Rescue). The report provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

Following exhibition of the application, two(2) submissions have been received.

The structure is proposed to be installed in the Hastings River adjoining the existing Marine Rescue building.

Council has an interest with the role of leasing the adjoining building to the Marine Rescue. As there have been submissions received, the DA is required to be determined at an Ordinary Meeting of Council in accordance with Council’s Conflict of Interest - Development Application Policy.

1. BACKGROUND

Existing sites features and Surrounding development

The site is a section of the Hastings River adjoining the existing Marine Rescue building located on its own lots within Westport Park, Port Macquarie.

The site is zoned W2 Recreational Waterways 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 (July 2016):

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· Install an additional floating pontoon and enclosed storage shed for two (2) rapid response water craft (jet skis) and associated emergency equipment for Marine Rescue.

· The proposal will be available for use 24/7 however will only be occupied by staff during daylight hours except for emergency callouts.

· The storage shed will be constructed of marine grade aluminium framing and marine colourbond with as close a colour to the existing buildings as possible (see following image).

Refer to attachments at the end of this report for plan details.

Application Chronology

· 19 January 2017 - DA lodged.

· 7 March 2017 - Advice received from the NSW Office of Water that a Controlled Activity approval is not required.

· 2 February to 3 March 2017 - Neighbour notification.

3. STATUTORY ASSESSMENT

Section 79C(1) Matters for Consideration

The provisions (where applicable) of:

(a)(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, the proposal will be unlikely to have any identifiable adverse impact on existing aquaculture industries within the Hastings River.

State Environmental Planning Policy No. 64 – Advertising and Signage

No signage is proposed.

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 to warrant refusal of the application. No impacts to the broader scenic qualities of the coast can be identified;

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 and 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.

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 W2 Recreational Waterways. In accordance with clause 2.3(1) and the W2 zone landuse table, the proposed development for a wharf or boating facility and emergency services facility is a permissible landuse with consent.

The objectives of the W2 zone are as follows:

• To protect the ecological, scenic and recreation values of recreational waterways.

• To allow for water-based recreation and related uses.

• To provide for sustainable fishing industries and recreational fishing.

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 scenic value of the Hastings River will not be adversely impacted upon to an extent that would warrant recommending refusal of the application.

· Clause 5.7 – development below highwater mark – jetties etc. A Development Application has been lodged for the structure as required by this clause.

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

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

· Clause 7.3, the site is land within a mapped “flood planning area” (Land subject to flood discharge of 1:100 annual recurrence interval flood event (plus the applicable climate change allowance and relevant freeboard) In this regard, the following comments are provided which incorporate consideration of the objectives of Clause 7.3, Council’s Flood Policy 2015, the NSW Government’s Flood Prone Lands Policy and the NSW Government’s Floodplain Development Manual (2005):

o The proposal is compatible with the flood hazard of the land taking into account projected changes as a result of climate change;

o The proposal will not result in a significant adverse affect on flood behaviour that would result in detrimental increases in the potential flood affectation of other development or properties;

o The proposal incorporates measures to minimise and manage the flood risk to life and property associated with the use of land. Conditions are also recommended to require specific installation measures;

o The proposal is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses;

o The proposal is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

· Clause 7.4 – Flood risk management – land between the flood planning area and the line that is shown as the probable maximum flood level on the Flood Planning Map and/or land surrounded by the flood planning area. The structure is capable of complying with flood installation requirements.

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

(a)(ii) Any proposed instrument that is or has been placed on exhibition

No draft instruments apply to the site.

(a)(iii) Any DCP in force

Port Macquarie-Hastings Development Control Plan 2013:

The proposal will not contravene any of the applicable Development Provision requirements of this DCP noting there is no specific development controls related to this commercial floating pontoon proposal. 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 structure is restricted to not be open to the general public.

(a)(iii)(a) Any planning agreement or draft planning agreement

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

(a)(iv) Any matters prescribed by the regulations

NSW Coastal Policy 1997

The proposed development is consistent with the objectives and strategic actions of this policy. (See Clause 5.5 of LEP 2011 and Assessment Officers Assessment Table under section (b) for assessment against Coastal Policy Objectives)

(a)(v) Any Coastal Zone Management Plan

No plan of management can be identified which applies within the Hastings River.

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

Context and setting

The proposed floating pontoon and storage shed are proposed to be installed in the Hastings River attached to existing pylons adjoining the existing Marine Rescue building. NSW Land and Environment Caselaw Rose Bay Marina Pty Limited v Woollahra Municipal Council and anor (2013) NSWLEC 1046 has been cited during assessment of the DA which assists in providing guidance for assessment of suitability of the proposed structure in the Hastings River.

The Hastings River is identified as a highly desirable waterway. The use of Hastings River as a waterway is initially regulated by the W2 Recreational Waterways zoning which regulates permitted landuses within/on the waterway.

A key consideration of the assessment of this application relates to the general appropriateness of the structure within the waterway. The process must account for reasonable development expectations as well as retaining a satisfactory enjoyment for members of the general public who enjoy outlooks from such public places.

Unlike carrying out view sharing impact assessments (which adopts the proposition that sitting views are more difficult to protect than standing views), the impact on appreciation of a public domain view should not be subject to any height constraint. Public domain views are one that is for the enjoyment of the whole population. Of particularly relevance to consideration of this application is to identify the intensity of public use of this location where the enjoyment is likely to be obscured, in whole or part, by the proposed development. A private viewpoint from a neighbour’s property the Waters Edge Motel has also been taken into consideration.

The analysis required of the proposed development’s public domain impact is both quantitative as well as qualitative.

A photo taken from the existing view from the public footpath (which is adjoining an objectors premises - the Waters Edge Motel) to the south-east of the proposed installation is shown as follows. The pontoon and shed are to be installed in between the last two(2) pylons at the end of the existing floating pontoon (refer to second image photo montage plan which shows view from approximate high tide beach level).

Applicant’s photomontage

The following comments are provided having regard to the planning principles steps for assessment impacts on views from the public domain and the adjoining Waters Edge Motel:

· The existing jetty structure including pylons and floating pontoon presents an existing obstruction to the view out into the Hastings River at a number of viewpoints along the Westport Park foreshore.

· There are number of boats moored in the River which result in temporary visual change to the public view.

· There are no other floating storage sheds of this nature identified in the immediate area of the Hastings River.

· There are viewpoints from the public domain along the pathway and foreshore running east and west where there is a view out into the River which will be partially interrupted. The photo shown above is one important vantage point identified. This is also similar viewpoint to the adjoining private property the Waters Edge Motel.

· The size of the structure to be installed has a maximum height of 3.25m and width of 5m x 4.5m length from existing water level (which will fluctuate). The height and size of the structure is limited and will not extend out past the last pylon and will be likely not to significantly protrude above the height of the existing pylon obstruction.

· The view back to the Central Business District area from the foreshore west of the Marine Rescue building will also be impacted upon.

· The pathway and foreshore are considered to be a highly used public domain area.

· The distant land, buildings and water interface beyond the structure to the east and west (the CBD and Sails Resort) currently visible beyond the siting for the structure will be partly obstructed. The public viewpoints from the footpath along the front of the Waters Edge Motel and from the deck at this motel are more elevated than the western foreshore section.

· The colour of the shed will be matched as close as possible to the existing adjoining Marine Rescue building. An alternate dark or grey colour as an alternative is considered unnecessary to consider given the small size of the structure being limited and the structure should be identified as having purpose.

· It is considered from a qualitative and quantitative perspective that the proposal is considered to have a moderate view impact on the public domain.

· It is recommended that a time limited consent be only granted which restricts approval for two(2) years only from installation to revisit the suitability of the proposal at that time. Refer comments later in report also.

No outdoor lighting of the pontoon and storage shed are proposed.

There are no significant adverse privacy impacts to neighbouring properties.

There are no adverse overshadowing impacts to neighbouring properties.

Parking

The nature of proposal is provide a storage shed for jet skis associated with the existing operations of the Marine Rescue centre on the adjoining site. No additional parking is proposed to be provided. It is considered that based upon the information provided that the nature of the development will not trigger any additional parking demand for the existing operations of the adjoining Marine Rescue building.

Water Supply Connection

No water supply issues requiring consideration.

Sewer Connection

No sewer issues requiring consideration.

Stormwater

The installation is to be sited within the Hastings River with no specific requirements with regard to stormwater disposal required.

Other Utilities

Telecommunication and electricity services are available to the 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

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.

Air and microclimate

The installation 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

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

Waste

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

Energy

No adverse impacts anticipated.

Noise and vibration

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

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 Applicant has stated that the proposal will provide for the storage of Emergency Service rescue Craft (2 jet skis), which are involved in saving lives on the water.

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 can fit into the locality and the site attributes are conducive to the proposed development.

Site constraints of flooding 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 public exhibition of the application.

Both submissions are relating to the property identified below:

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

Submission Issue/Summary	Planning Comment/Response
Proposal will be visually prominent in the waterway, intrusive and very unattractive.	The proposal will be likely to have a potential moderate visual impact on public domain views of the Hastings River. The storage shed will be constructed of marine grade aluminium framing and marine colourbond with as close a colour to the existing buildings as possible. It is noted that space in the existing Marine Rescue building is sub let to Surf Clubs and this has impacted the utility of the building for Marine Rescue purposes. As stated earlier in this report, a condition is recommended to time limit the development consent to a limit of two(2) years from installation of the structure. The matter can be reviewed at that time including any consideration given to better use of the existing Marine Rescue building space and to any potential Policy reviews including the Westport Park Plan of Management. Given there is a public interest safety issue as a matter for consideration, the time limited consent, the size of the structure, its co-location and the proposal not being for a private developer a precedent is unlikely to occur. No adverse impact to navigation within the River can be identified particularly given the structure is to be located and attached landward of the last pylon already installed in the River. The plan included on additions to the existing Marine Rescue building shown are not approved or form part of this application. The plans are not to be stamped approved and not referenced in the development consent conditions.
Proposal will aesthetically detract from the beauty on the Hastings River and will be major eyesore to the community and guests of the motel.
Proposal will possibly impede navigation within the Hastings River.
No mention is made of what material will be used in construction. The pontoon storage shed will rust and corrode in time and become a foreshore eyesore.
A precedent for similar pontoon structures along the Hastings River frontage will be created.
The surf club equipment should be stored elsewhere and the timeframe in actioning a jet ski rescue would be halved and the waterway remain untouched.
Question whether in 2015 an application to extend the existing Marine Rescue building was approved.
The proposal is out of character with the surrounding area as there are no floating storage sheds on this section of water way.
Disagree that there is no loss or reduction of views identified in the submitted information.
The consultation with Waters Edge Motel has not been extensive enough.	The DA has been neighbour notified to the subject landowner which does not take into any pre-neighbour consultation undertaken by the Applicant.

(e) The Public Interest:

The Applicant has stated that the proposal will provide for the storage of Emergency Service rescue Craft (2 jet skis), which are involved in saving lives on the water. The proponent has advised that Marine Rescue are taking up to 30-35 minutes to deploy a jet ski which is not acceptable from an emergency service standard.

It is noted that a minor addition could be proposed to the existing building on the adjoining land to which the Marine Rescue NSW building is sited. However, It is understood that the current NSW Government Plan of Management for Westport Park dated 30 July 2012 does not permit any new additions to the existing building.

On balance, it is considered that the public interest of providing a critical safety service outweighs any potential moderate negative visual impacts of the structure within the Hastings River.

As stated earlier in this report, a condition is recommended to time limit the development consent to a limit of two(2) years from installation of the structure. The matter can be reviewed at that time including consideration being given to better use of the existing Marine Rescue building space and any potential Policy reviews including the Westport Park Plan of Management.

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

N/A

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.

Attachments

1 View. DA2017 - 32.1 Plans

2 View. DA2017 - 32.1 Marine Rescue Letter

3 View. DA2017 - 32.1 Recommended Conditions

4 View. DA2017 - 32.1 Submission - McPherson & Hakvoort for Waters Edge

5 View. DA2017 - 32.1 Submission - Simmons for Sunbird Investments Pty Ltd

AGENDA Development Assessment Panel 12/04/2017

Item: 09

Subject: DA2017 - 67.1 Additions To Dwellng - Lot 5 DP 257282, No 8 Unique Close Camden Head

Report Author: Robert Slater

Applicant: ZS Architects

Owner: M Trenter

Estimated Cost: $120000

Parcel no: 24282

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2017 - 67.1for additions to dwelling at Lot 5, DP257282, No.8 Unique Close, Camden Head, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for internal alterations and additions to a dwelling at the subject site. The report provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

Subsequent to exhibition of the application, one (1) submission was received.

1. BACKGROUND

Existing sites features and surrounding development

The site has an area of 661.1m²

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 subject area comprises single dwellings which are predominately 2 storey in nature.

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:

· Internal alterations to ground floor

· Second storey addition and covered alfresco area

Refer to attachments at the end of this report.

Application Chronology

· 08/03/2017 - Application lodged with Council

· 13/03/2017 - Exhibition period expires

· 09/03/2017 - objection letter received

3. STATUTORY ASSESSMENT

Section 79C (1) Matters for Consideration