Agenda of Development Assessment Panel

MINUTES Development Assessment

Panel Meeting

24/05/2017

PRESENT

Members:

Paul Drake

Dan Croft

David Troemel

Other Attendees:

Pat Galbraith-Robertson

Chris Gardiner

Clinton Tink

The meeting opened at 2:00pm.

01 ACKNOWLEDGEMENT OF COUNTRY

The Acknowledgement of Country was delivered.

02 APOLOGIES

Nil.

03 CONFIRMATION OF MINUTES

CONSENSUS:

That the Minutes of the Development Assessment Panel Meeting held on 10 May 2017 be confirmed.

04 DISCLOSURES OF INTEREST

There were no disclosures of interest presented.

05 DA2016 - 0700.1 - Eco Tourist Facility At Lot 101 DP 754444, 743 Ocean Drive, Grants Beach

Speaker:

Terrance Stafford (applicant)

CONSENSUS:

1. That the Koala Plan of Management prepared by Naturecall Environmental dated 28 February 2017 be adopted.

2. That DA 2016 - 0700.1 for an eco tourist facility at Lot 101, DP 754444, No. 743 Ocean Drive, Grants Beach, be determined by granting consent subject to the recommended conditions and as amended below:

· Amend condition B4 to read:

‘Payment to Council, prior to the issue of the Construction Certificate or occupation (whichever occurs first) of the Section 94 contributions set out in the “Notice of Payment – Developer Charges” schedule attached to this consent unless deferral of payment of contributions has been approved by Council. The contributions are levied, pursuant to the Environmental Planning and Assessment Act 1979 as amended, and in accordance with the provisions of the following plans:

· Hastings S94 Administration Building Contributions Plan

· Hastings Administration Levy Contributions Plan

· Community Cultural and Emergency Services Contributions Plan 2005

· Hastings S94 Major Roads Contributions Plan

· Hastings S94 Open Space Contributions Plan

The plans may be viewed during office hours at the Council Chambers located on the corner of Burrawan and Lord Streets, Port Macquarie, 9 Laurie Street, Laurieton, and High Street, Wauchope.

The attached “Notice of Payment” is valid for the period specified on the Notice only. The contribution amounts shown on the Notice are subject to adjustment in accordance with CPI increases adjusted quarterly and the provisions of the relevant plans. Payments can only be made using a current “Notice of Payment” form. Where a new Notice of Payment form is required, an application in writing together with the current Notice of Payment application fee is to be submitted to Council.’

· Amend condition B10 to read:

‘Prior to release of the construction certificate, occupation certificate or occupation (whichever occurs first), the plans (and building where relevant) are to be amended to comprise 10 tourist units and 1 managers residence. All other rooms (i.e. the sitting rooms) must not be used as separate units and must not contain showers.’

06 DA2016 - 1006.1 Dual Occupancy and Torrens Title Subdivision at Lot 301 DP 831575, No. 12 Beacon Court, Port Macquarie

Speakers:

Debbie Somerville (o)

James Collins (applicant)

CONSENSUS:

That DA 2016 - 1006.1 for a Dual Occupancy and Torrens Title Subdivision at Lot 301, DP 831575, No. 12 Beacon Court, Port Macquarie, be determined by granting consent subject to the recommended conditions.

07 DA2016 - 932 - Alterations And Additions To Waste Management Facility And Koala Plan Of Management - Lot 12 DP 1027602, Lot 11 DP875998, Lot 9 DP 876001 And Lot 1 DP 1120786 Kingfisher Road, Port Macquarie

CONSENSUS:

That the Development Assessment Panel recommend to Council that:

1. The Koala of Management - Kingfisher Road Waste Transfer Station be approved.

2. DA 2016 - 932 for alterations and additions to waste management facility at Lot 12 DP 1027602, Lot 11 DP875998, Lot 9 DP 876001 and Lot 1 DP 1120786, Kingfisher Road, Port Macquarie, be determined by granting consent subject to the recommended conditions and as amended below:

· Additional condition in section B of the consent to read:

‘The landowner shall reconstruct Kingfisher Road to the satisfaction of Council from the end of approved road works associated with DA 2015/95 (17.2015.0095.02) terminating in a cul-de-sac at the southern end of Kingfisher Road. Details to be submitted and approved under a Roads Act (s138) application prior to issue of a Construction Certificate including:

a) Reconstruction of Kingfisher Road to a minimum 9m wide, with construction of an AUS-SPEC ‘Industrial’ standard pavement with kerb and gutter both sides,

b) Sealed vehicle turnaround (cul-de-sac) at the southern end of Kingfisher Road,

c) Industrial TIP road entry/exit driveway, and

d) Where required, the existing footpath/verge area in Kingfisher Road is to be raised to contain stormwater in the street, except at any location required for the overland flow path in major events (as defined by AUS-SPEC D5).’

08 GENERAL BUSINESS

Nil.

The meeting closed at 2:20pm.

AGENDA Development Assessment Panel 14/06/2017

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 14/06/2017

Item: 05

Subject: DA2017 - 328 Landfill Gas Infrastructure Associated with Waste Management Facility - Lot 1 DP 1202080, Pacific Highway, Pembrooke

Report Author: Patrick Galbraith-Robertson

Applicant: Port Macquarie-Hastings Council

Owner: Port Macquarie-Hastings Council

Estimated Cost: $139K

Parcel no: 64348

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 DA 2017 - 328 for landfill gas infrastructure associated with waste management facility at Lot 1, DP 1202080, Pacific Highway, Pembrooke be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a Development Application (DA) for a landfill gas infrastructure installation associated with a waste management facility at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

Following exhibition of the application, one(1) submission has been received.

In accordance with Council’s Development Applications Conflict of Interest Policy, this DA is required to be determined by full Council as the Applicant and Owner is Council and submissions have been received objecting to the proposal.

1. BACKGROUND

Existing sites features and Surrounding development

The site has an area of 111.2 hectares.

The Landfill currently operates under Environmental Protection Licence (EPL) 11189 which is administered by Council.

The site is currently an active landfill with extractive activities, waste processing (non-thermal treatment) and waste disposal (application to land) under the Environmental Protection Licence No. 11189 from NSW EPA. Port-Macquarie-Hastings Council (Council) owns and operates the CWMF, which receives approximately 43,000 tonnes of waste per annum.

The site is bounded by the Cairncross State Forest to the north, east and south; Rawdon Creek Reserve to the south east; and by Pembrooke Road to the west.

The site is classified as Operational Land.

The nearest existing neighbours are Rocking House Farm - located approximately 1500m to the south west; and the Gougeville Residence - located approximately 1800m to the north east.

The site is zoned SP2 waste or resource waste management facility 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:

· Installation of Landfill Gas management infrastructure, including pipework and flaring unit proposed for the LFG pumping trial. This is integral to best-practice management of landfill sites, as reinforced by the NSW Environmental Protection Agency’s (EPA) Environmental Guidelines – Solid Waste Landfills (2016 revision). The proposed LFG extraction and combustion system will improve the environmental performance of the site by reducing fugitive LFG emissions, and reducing the risk of odour and LFG migration to surrounding areas.

· LFG can be actively extracted from landfills and combusted to convert the methane to less harmful carbon dioxide.

· Landfill gas extraction also has the potential to generate renewable energy by using the combustion of gas to drive electricity generators.

Example of above ground landfill gas system:

Example of extraction wells:

Proposed installation flare stack flame height:

Designated Development

The Proposal does not meet the requirements under the Environmental Planning and Assessment Act 1979 (EP&A Act) or Environmental Planning and Assessment Regulations 2000 (EP&A Regulations) for designated development or State Significant Development (SSD), due to the existing nature of the site. In accordance with Schedule 3, Section 36 (c)(i) of the EP&A Regulations, the Proposal aims to mitigate the environmental impacts of the landfill by reducing the amount of greenhouse gases being released into the atmosphere.

Protection of the Environment Operations Act 1997

The Protection of the Environment Operations Act 1997 (PoEO Act) sets out procedures and requirements for waste, air, water and noise pollution control. Schedule 1 of the PoEO Act establishes that an environment protection licence (EPL) must be obtained for a scheduled activity (i.e. activities listed in Schedule 1 of the PoEO Act).

There are currently three (3) EPLs in force at the on-site:

• Cairncross Landfill - EPL 11189

• Organics recovery Recycling Facility - EPL 13120

• Materials Recovery Facility - EPL 20708

The Applicant has advised that the NSW Environmental Protection Authority will be advised of this proposal. The Cairncross Landfill’s EPL may need to be amended to allow flaring to take place.

Refer to attachments at the end of this report.

Application Chronology

· 24 April 2017 - DA lodged with Council

· 9 to 27 May 2017 - Neighbour notification of proposal

· 23 May 2017 - General Manager approval to continue with internal Planning Staff assessment

· 23 May 2017 - Submission issues raised with the Applicant

· 24 May 2017 - Response to submission issues received from Applicant

3. STATUTORY ASSESSMENT

Section 79C(1) Matters for Consideration

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

(a) The provisions (where applicable) of:

(i) any Environmental Planning Instrument:

State Environmental Planning Policy No. 44 - Koala Habitat Protection

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

State Environmental Planning Policy No.55 – Remediation of Land

All works are being undertaken on a capped area of an active landfill and therefore has already undergone disturbance of land for development.

No specific requirements of this SEPP require further consideration.

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

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

State Environmental Planning Policy (Infrastructure) 2007

Section 121 of the ISEPP facilitates the development for the purposes of waste or resource management facilities, with development consent within a ‘prescribed zone’ which includes rural zones (RU1 Primary Production, RU2 Rural Landscape, IN1 General Industrial, IN3 Heavy Industrial, SP1 Special Activities and SP2 Infrastructure). The CWMF site is zoned SP2 under the Port Macquarie–Hastings Local Environmental Plan 2011 (PMH LEP), which is a ‘prescribed zone’. Therefore, development of a waste or resource management facility is permissible on the site with development consent. Development consent for this Proposal is sought under Part 4 of the EP&A Act in accordance with the ISEPP.

In determining development applications for landfills, Section 123 (1)(b)(ii) considers whether the development ‘reduces the long term impacts of the disposal waste, such as greenhouse gas emissions or the offsite impact of odours, by maximising landfill gas capture and energy recovery’. This Proposal is in accordance with Section 123 (1)(b)(ii).

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 SP2 - Infrastructure (Waste or Resource

Management Facility). In accordance with clause 2.3(1) and the SP2 zone landuse table, the proposed development for an ancillary installation to an existing waste management facility is a permissible landuse with consent in the SP2 zone.

The objectives of the SP2 zone are as follows:

· To provide for infrastructure and related uses.

· To prevent development that is not compatible with or that may detract from

the provision of infrastructure.

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

o the proposal is a permissible landuse.

o the proposal is for alterations to an existing established waste facility.

· Clause 4.1, the development does not propose any subdivision, therefore the minimum lot sizes will not be affected by the development proposal.

· Clause 5.9 - no trees are proposed or required 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 proposal site is not identified as containing any Acid Sulphate Soils.

· Clause 7.3, the site is not land within a mapped “flood planning area” (Land subject to flood discharge of 1:100 annual recurrence interval flood event (plus 0.9m East of the Pacific Highway).

· Clause 7.5 – the Proposal site is not land that is shown as “Koala Habitat area” on the Koala Habitat Map.

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

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

No draft instruments apply to the site.

(iii) any Development Control Plan in force:

Port Macquarie-Hastings Development Control Plan 2013

The proposal will not contravene any of the requirements of this DCP as there are no specific development provisions applicable.

(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 identifiable adverse impacts to existing adjoining properties or the public domain.

The proposal is considered to be compatible with surrounding land uses given the separation to the WTS facilities.

There are no identifiable adverse view sharing, privacy or overshadowing impacts.

The proposal will be unlikely to result in any adverse lighting impacts.

Access, Roads, Traffic and Transport

For the installation of the LFG management system, LGI will be using the vehicle access roads provided at the CWMF. These existing access roads connect the public roads through the entrance to the site and to the tip face for the installation and monitoring of the four (4) wells and flaring device. Access to the CWMF is via the Pacific Highway. Interruption to normal landfill traffic flows will be minimal. Traffic control plans will be in place if necessary.

Parking and Manoeuvring

Space for onsite parking for the plant and equipment during the installation, and operational stage of the project will be available next to the (4) wells and flare. Onsite parking will be used during the installation of the LFG management system and for monitoring purposes. Interruption to normal landfill traffic flows and parking will be minimal.

Further storage capability for plant is available on the hardstand stockpile area located to the north of the proposed LFG pumping trial location.

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.

Due to the high level of past disturbance evident throughout the site, it is extremely unlikely that that any in-situ artefacts would be present in the area. As such, the proposal is unlikely to impact on any aboriginal places, objects and features of significance.

Other land resources

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

Water cycle

The propose location of the extraction wells and flare is at RL 48 AHD, which remains well above the surrounding land, and low sections of the landfill site. This will ensure none of the collection wells, or connected equipment are susceptible to flooding.

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.

Air and microclimate

The Applicant has provided details that LGI’s flares are designed and proven to exceed NSW EPA requirements under Protection of the Environment Operations (Clean Air) Regulations 2010, section 52 Destruction efficiency. Refer to Appendix D for a sample stack emissions lab analysis completed in early 2015 while LGI was conducting a LFG pumping trial for Tamworth Regional Council.

The purpose of the LFG extraction and combustion system is to specifically mitigate emissions from landfill. It is expected that air quality, including odour, will actually improve as a result of the trial. LGI will monitor the LFG system to ensure that it is operating to the required levels in order to maintain air quality.

Given the proximities of the nearest residences (approximately 1500m), and the overall benefits of the pumping trial, the LFG pumping trial is not expected to have any identifiable air quality issues for surrounding properties.

Noise

LGI will comply with the CWMF Environmental Protection Licence (EPL) no. 11189 when on site, for the installation and management of the LFG pumping trial. During construction of the LFG management system, LGI will operate within the CWMF operational hours to minimise noise migration off site.

The flaring compound will emit a low humming noise during operation, typical of motorised equipment, but not exceeding the background operational noise of the overall site. The Flaring system will operate at 50-60 dB over a 10 meter radius, therefore there will be no noise issues for surrounding properties.

Flora and fauna

Construction/installation of the proposed development will not require the removal of any trees from the subject site.

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.

Energy

The LFG system is intended to run on a diesel generator for the course of the trial. LGI will discuss and provide recommendations to Council on the energy requirements for ongoing operation of a permanent system once the trial is over.

Waste

The proposed LFG management system will improve the degradation of waste within the landfill by generating optimum conditions of moisture, temperature and nutrient sources for methanogenic activity. All waste material extracted during the well installation process will be loaded directly onto LGI’s truck, and removed to the tip face. This minimises double handling of waste, reduces odour, and ensures the site remains in an organised manner.

All above ground equipment and waste will be removed at the completion of the LFG pumping trial.

Noise and vibration

No adverse impacts anticipated given the nature of the development. Standard noise conditions are recommended including requirements to not generate offensive noise.

Condition recommended to restrict construction to standard construction hours.

Bushfire

The Cairncross WMF Fuel (Bushfire) Management Plan 2005 applies to the site. The objective of this Plan is to reduce the risk of bushfire impacting on the CWMF and spreading to neighbouring lands. The Plan aims to reduce the amount of available fuel surrounding the WMF by burning under controlled conditions, and provides fire breaks around the perimeter of the facility in the form of fire trails.

To minimise risk of fire spreading to neighbouring lands, LGI will monitor the amount of available fuel surrounding the flare enclosure. The enclosure will be placed accordingly on site in an area with minimal vegetation (see appendix B). This will allow a buffer zone between the enclosure and surrounding vegetation for mitigation measures. The flare supplied by LGI is an enclosed unit with a stack height of 8.5m. This ensures the flame is contained within the lower stage of the stack (approx. 2m from ground level), allowing 5m of stack height to contain the flame, and direct waste heat upwards. Refer to Figure 10 below for scale.

Safety, security and crime prevention

The proposed development is unlikely to result in 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 likely.

Site design and internal design

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

Construction

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

Cumulative impacts

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

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

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

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

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

One(1) written submission has been received following neighbour notification of the application.

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

Submission Issue/Summary	Planning Comment/Response
Smell	The Applicant has provided the following response to this submission issue raised: The purpose of a landfill gas extraction and combustion system is to mitigate emissions from the landfill. Therefore, it is expected that air quality, including odour, will actually improve as a result of the trial. In addition, a recent draft Air Quality Impact Assessment (AQIA) found that the landfill operations comply with established EPA air quality assessment criteria. The response provided satisfactorily addresses this issue raised. It is also noted that the objector’s residence is located approximately 1.3 kilometres from the proposed installation.
Noise	The Applicant has provided the following response to this submission issue raised: The installation of landfill gas infrastructure will only occur within the operational hours of the Cairncross Waste Management Facility (CWMF) to minimise any noise migration offsite. The flaring compound will emit a low humming noise during operation, typical of motorised equipment. The system is estimated to emit 50-60 dBA within a 10 m radius of the flare. In addition, a recent draft Noise and Vibration Impact Assessment (NVIA) found that the landfill operations estimated to be about 100 dBA, comply with established EPA noise assessment criteria at the nearest residence even with a prevailing wind. The response provided satisfactorily addresses this issue raised. It is also noted that the objector’s residence is located approximately 1.3 kilometres from the proposed installation.
Lowering the value of property	The Applicant has provided the following response to this submission issue raised: The landfill gas pumping infrastructure as a part of this DA is temporary, and will only be operating for 12 weeks and unlikely to impact property values. Any future permanent infrastructure and landfill gas operations will be subject to separate development consent. The response provided satisfactorily addresses this issue raised. It is also noted that the objector’s residence is located approximately 1.3 kilometres from the proposed installation. Impacts on property values are additionally not a matter for consideration in the assessment of Development Applications.

(e) The Public Interest:

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

The CWMF is already a registered project (project ID ERF103826) under the Emissions Reduction Fund (ERF) and is eligible to create saleable Australian Carbon Credit Units (ACCUs). The installation of a complete, permanent LFG management system would allow the Port Macquarie-Hastings Council another potential revenue stream to generate income through the extraction and combustion of landfill gas.

During the construction phase, local suppliers will be engaged to provide materials wherever practicable.

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

No contributions applicable.

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. DA2017 - 328.1 Plans

2 View. DA2017 - 328.1 Concept Design and Construction Methodology

3 View. DA2017 - 328.1 Recommended Conditions

4 View. DA2017 - 328.1 Submission - Rowsell

AGENDA Development Assessment Panel 14/06/2017

Item: 06

Subject: DA2017 - 218.1 Alterations And Additions To Dairy (Pasture Based) And Continued Use Of Shade Structure Shed At Lot 1 DP 1089754, 200 Hewens Road, Brombin

Report Author: Clint Tink

Applicant: N P Bullock

Owner: L M & S A & L E Cleary

Estimated Cost: $75,000

Parcel no: 47652

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2017 - 218.1 for alterations and additions to dairy (pasture based) and continued use of shade structure shed at Lot 1, DP 1089754, No. 200 Hewens Road, Brombin, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for alterations and additions to a dairy (pasture based) and continued use of a shade structure shed (built without approval) at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

It should be noted that alterations and additions to the dairy (pasture based) relate purely to the physical works associated with upgrading/constructing the dairy effluent system. Development approval is not required for the dairy (pasture based), increase in herd size or operations associated with running the dairy and associated farm based activities. Such development can occur without consent under the Port Macquarie Hastings Local Environmental Plan 2011. Previous restrictions on herd size related to the capabilities of the onsite effluent system.

Following exhibition of the application, one submission was received.

1. BACKGROUND

Existing sites features and Surrounding development

The site of the dairy and associated development has an area of 87.56ha. It is noted that the dairy owner/operator also owns other adjoining properties but they do not form part of this application.

The site is zoned RU2 Rural Landscape in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

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

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· Upgrade the existing dairy effluent system to cater for 500 cows. The upgrade works involve the construction of trenches, pipelines, berms, open drain and manure storage areas.

· The upgrade will also include installation of a new pump and irrigation/effluent regime. However, these aspects do not require consent (i.e. can occur as ordinary agricultural activities - pumps for irrigating, irrigation and application of fertiliser).

· The continued use of a shade structure shed that was built without Council approval and does not meet exempt development criteria

Refer to attachments at the end of this report.

Application Chronology

· 25/6/2007 - DA2007/114 approved an upgrade to the existing dairy by replacing the dairy bails and installing a holding yard. Due to limitations on the dairy effluent system, the number of milking cows was restricted to 350.

· 28/9/2016 - A s96 modification was lodged to upgrade the dairy effluent system and increase the herd size.

· 2/11/2016 - The s96 modification was withdrawn on the basis that a new development application would be lodged for the proposed alterations and shade structure shed. It was considered the new application would remove any doubt over the s96 ‘substantially the same’ test.

· 20/3/2017 - DA2017 - 218.1 lodged with Council.

· 6-21/4/2017 - Notification period.

· 11/4/2017 - Council staff requested additional information on the site plan, dimensions on the shade structure shed, clarification on number of milkers the dairy may increase to, food source of stock and Office of Water letter.

· 18/4/2017 - Applicant provided partial response to additional information request.

· 21/4/2017 - Applicant provided further response to additional information request.

· 4/5/2017 - Applicant provided email from Office of Water.

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.30 - Intensive Agriculture

The policy does not apply. In particular, the application is not for a cattle feedlot.

State Environmental Planning Policy No. 33 - Hazardous and Offensive Development

The subject SEPP was introduced to clarify the definitions for hazardous and offensive industries and to apply guidelines for the assessment of industries that have the potential to create hazards or an offence. In this case, the development does not propose an industry and the SEPP does not apply

State Environmental Planning Policy No. 44 - Koala Habitat Protection

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

In this case, the application has demonstrated that no habitat will be removed or modified (ie site involves cleared farm land). 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, buffers, dilution of effluent being irrigated and distance to the brackish waters of the Hastings River; the proposal will be unlikely to have any adverse impact on existing aquaculture industries.

State Environmental Planning Policy (State and Regional Development) 2011

The development does not trigger any of the clauses or thresholds in the SEPP.

State Environmental Planning Policy (Rural Lands) 2008

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

SEPP requirement	Comment	Complies
Objectives
2(a) to facilitate the orderly and economic use and development of rural lands for rural and related purposes,	The proposed works will facilitate the continued orderly and economic use of rural land for a rural activity (dairy).	Yes
2(b) to identify the Rural Planning Principles and the Rural Subdivision Principles so as to assist in the proper management, development and protection of rural lands for the purpose of promoting the social, economic and environmental welfare of the State,	The proposed development is consistent with the Rural Planning Principles and will allow the continued use of a rural activity on rural land without creating any adverse impact. The flow on activities associated with the works (ie irrigation, moving/working stock, applying fertiliser etc) are commonly utilised in farming practices.	Yes
2(c) to implement measures designed to reduce land use conflicts,	It should be noted that this application is for the continued use of a shade structure shed (farm building) and physical works associated with upgrading a dairy effluent system. The dairy (pasture based) and associated activities of irrigation, moving/working stock, applying fertiliser etc do not require consent and are not the subject of this assessment. In terms of the shade structure shed and physical works associated with upgrading the dairy effluent system, these works are common within a rural setting (ie sheds and dam like structures) and do not create any adverse conflict. The works are also well separated from adjoining properties.	Yes
2(d) to identify State significant agricultural land for the purpose of ensuring the ongoing viability of agriculture on that land, having regard to social, economic and environmental considerations,	The site comprises state significant farmland. This development will allow the continued use of such land for farming activities.	Yes
2(e) to amend provisions of other environmental planning instruments relating to concessional lots in rural subdivisions.	Concessional lot provisions do not exist in the Port Macquarie-Hastings area.	N/A
Rural Planning Principles
7(a) the promotion and protection of opportunities for current and potential productive and sustainable economic activities in rural areas,	The development will allow the continued use of key farming land for farm based activities (dairy farming)	Yes
7(b) recognition of the importance of rural lands and agriculture and the changing nature of agriculture and of trends, demands and issues in agriculture in the area, region or State,	The importance of the land for dairy farming activities is acknowledged. The works will allow the dairy farm to continue onsite.	Yes
7(c) recognition of the significance of rural land uses to the State and rural communities, including the social and economic benefits of rural land use and development,	Importance of the land for dairy farming is noted.	Yes
7(d) in planning for rural lands, to balance the social, economic and environmental interests of the community,	The property is already zoned for rural land/purposes. The application does not change this.	Yes
7(e) the identification and protection of natural resources, having regard to maintaining biodiversity, the protection of native vegetation, the importance of water resources and avoiding constrained land,	The shade structure shed and effluent system works will not create any impact on the environment. Furthermore, the actual dairy effluent system and associated operations has been reviewed by Council’s Environmental Health Officer and deemed acceptable. In particular, the dairy effluent system will not create any adverse impacts on the environment, subject to conditions.	Yes
7(f) the provision of opportunities for rural lifestyle, settlement and housing that contribute to the social and economic welfare of rural communities,	Not relevant to this application.	N/A
7(g) the consideration of impacts on services and infrastructure and appropriate location when providing for rural housing,	Development does not involve provision of rural housing.	N/A
7(h) ensuring consistency with any applicable regional strategy of the Department of Planning or any applicable local strategy endorsed by the Director-General.	The development does not compromise any strategy. Land has been zoned for rural purposes and this application involves the continuation of a rural activity.	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 RU2 Rural Landscape. In accordance with clause 2.3(1) and the RU2 zone landuse table, the proposed development for a dairy (pasture based) is permitted without consent. However, in this case, the application is for associated physical works associated with the dairy that require consent (ie continued use of farm shed structure that does not meet exempt provisions and earthworks associated with upgrading the dairy effluent system).

· The objectives of the RU2 zone are as follows:

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

o To maintain the rural landscape character of the land.

o To provide for a range of compatible land uses, including extensive agriculture.

o To provide for rural tourism that does not compromise the primary industry capabilities of the land and is based on the rural attributes of the land.

o To secure a future for agriculture in the area by minimising loss of potential agricultural productivity and fragmentation of rural land.

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 works will allow an existing farm based activity (dairy farming) to continue onsite.

o The works help secure the dairy farming use onsite.

o The works are not dissimilar from other earthworks (dam structures) and sheds located within a rural area.

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

· Clause 5.10, the site does not contain or adjoin any known heritage items or sites of significance. The area is disturbed from past agricultural activities.

· Clause 7.2 (only applicable if earthworks only and no use proposed), in relation to the earthworks proposed for the dairy effluent system:

o The works will not lead to any adverse impact upon existing drainage patterns, soil stability of the site or adjoining/adjacent sites, any nearby water course or known environmental sensitive area within the immediate locality.

o The works will be unlikely to adversely affect potential additional future land uses on the site.

o The existing soil quality and structure will not present a constraint to the construction of the proposal on the site.

o No fill is identified to be imported to the site to construct the development.

o The likely change in levels associated with the proposed development will not have an adverse effect on the amenity of adjoining/adjacent properties to the site.

o The site does not contain any known items of aboriginal or other cultural significance.

o Appropriate conditions of consent are proposed to manage the impact of the works.

· Clause 7.3, the site is not land within a mapped “flood planning area”. However, some localised flooding is likely to occur along the lower river flat areas. In this case, the proposed works are located well over 10m in height above the river flats and unlikely to be affected. No further consideration warranted in this case.

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

Environmental Planning and Assessment Regulation 2000 - Designated Development

The proposed development is not considered to trigger designated development for the following reasons:

1. The dairy is not a livestock intensive industry. In particular, the dairy is pasture based with only supplementary feed applied at different times of the year. Furthermore, the dairy also does not accommodate 800 head of cattle for milk production.

2. Pursuant to Clause 37A, the effluent system is ancillary to the pasture based dairy (ie does not operate independently).

Based on the above, further consideration of designated development is not required in this case.

Environmental Planning and Assessment Act 1979 - Integrated Development

The Office of Water has provided advice that the works do not trigger the need for an approval.

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

None relevant.

(iii) any Development Control Plan in force:

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: General Provisions*
	Requirements	Proposed	Complies
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater	Refer to main body of report.	Noted
2.5.3.3	Parking in accordance with Table 2.5.1.	Being a rural property, the site contains suitable area for informal parking associated with the dairy.	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:

None relevant.

iv) any matters prescribed by the Regulations:

None relevant.

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:

None relevant.

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

Context and Setting

The site has frontage to Hewens Road.

Adjoining the site to the north are small to medium sized hobby farms/farms with dwellings. The same applies to the east, south and west.

The Hastings River wraps around the property to form the lower eastern, southern and western boundaries.

The proposed works are unlikely to have any adverse impacts to existing adjoining properties and satisfactorily addresses the public domain.

The dairy and associated farming activities are considered to be consistent with other farms in the area and the associated intent of the zoning. The development adequately addresses planning controls for the area.

Access, transport and traffic

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

Water Supply Connection

No change proposed or required.

Sewer Connection

The applicant is upgrading the existing dairy effluent system. Council Environmental Health Officer confirmed that the effluent management system that is proposed to be modified appears to be satisfactory, provided the management and maintenance is carried out in accordance with the report.

The effluent that is to be irrigated will be diluted to a maximum concentration of 10% effluent. This will assist with minimising any odour generated by the effluent disposal.

It has been noted that the buffer zones have been reduced below recommended guidelines. The fact that the effluent will be low strength and applied through a drip irrigation method, there is a low risk that it will enter the waterways.

Council staff also have the ability to investigate and undertake regulatory action against potential contamination or pollution where required under the Protection of the Environment Operations Act 1997. This could include taking of samples and issuing notices requiring work to be carried out.

Stormwater

The changes to the dairy effluent system include measures to ensure natural stormwater runoff does not enter the effluent system.

Other Utilities

Telecommunication and electricity services are available to the site.

Heritage

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

Other land resources

The site is within an established rural 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.

The dairy effluent system and associated application rates will need to be monitored by the applicant to ensure the nutrient levels in the soil do not become compromised. Given quality soils and pastures are in the best interests of the dairy operator, it is envisaged that this will occur. This same principle applies to any farm.

Air and microclimate

The continued use of the shade structure shed and physical works to upgrade the dairy effluent system will be unlikely to result in any adverse impacts on the existing air quality or result in any pollution. The dairy (pasture based) and associated activities of irrigation, working stock etc do not require consent. These activities and associated activities do not form part of this consent and are monitored separately. However, being a rural property, there is an expectation that farm activities will occur onsite.

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

No adverse impacts anticipated.

Noise and vibration

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

Farm activity noise does not form part of this application. In particular, dairy (pasture based) and associated activities required to operate a dairy (i.e. herding cattle, irrigating, fertilizing etc), do not require consent.

Bushfire

The site is identified as being bushfire prone. However, bushfire provisions do not apply to farm sheds and effluent system works. Furthermore, the site is well setback and contains cleared areas to negate any bushfire threat.

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 rural nature of the proposed development and its’ rural 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 and dairy industries, 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. The shade structure extends off the existing approved dairy. No adverse impacts likely.

Construction

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

Cumulative Impacts

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

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

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

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

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

One written submissions was received following public exhibition of the application.

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

Submission Issue/Summary	Planning Comment/Response
Odour impacts from the dairy and irrigation system. Greater setbacks to adjoining dwellings required. Odour Assessment required. Irrigation times should be restricted. Irrigation of effluent near neighbours not required. Freshwater can be utilised.	The dairy use and irrigation of effluent do not form part of this application. In particular, a dairy (pasture based) and re-use of effluent for irrigation/fertiliser do not require development consent. Irrigating and applying fertiliser are associated with normal farming activities. Impacts from these farming activities would need to be investigated from a compliance perspective. However, given the rural zoning/context and the age of the existing dairy, a level of ‘right to farm’ the land is likely to apply.
Spray drift from the irrigation contaminating adjoining properties. Including potential Q fever. Suggested that the entire Cleary herd be tested for Q fever and the results published. Effluent should be treated for Q fever if possible.	Refer to above comment. The irrigation aspect and dairy use do not require Council consent or form part of this application. The matters would be either a compliance issues or not related to Council (ie Department of Primary Industry/NSW Health to address Q fever).
The increase from 350 to 500 cows for milk production is not the total number of cattle on the property. The increase results in an effluent system design does not meet industry standards.	The number of cattle is not relevant to the application. In particular, a dairy (pasture based), including stock numbers, does not require consent. The number of cattle is only relevant to the design of the dairy effluent system, which is subject to a separate application. It should be noted that the dairy effluent system has been assessed by Council’s Environmental Health Officer and deemed acceptable, subject to conditions. Should the operator run more cattle through the effluent system, then the risk of it failing increases. This can be managed as a compliance matter.
The increase in stock numbers will change the hours of operation of the dairy. This will create adverse noise issues from the early and late operations, herding of cattle on motorbikes, etc. Plus increased traffic, dust, water supply quality, noise from effluent pumps/irrigators etc	The dairy use, including hours of operation, increased vehicles, agricultural noise activities etc, do not require consent or form part of this application. Refer to comments above for further context.
The shed is large, blocks views and creates glare.	The shed is setback over 150m from the nearest adjoining dwelling, which is considered suitable for minimising glare and view loss to Bago Bluff (main iconic feature). Furthermore, living in a rural area, there is an expectation that farm sheds will exist on adjoining properties. While this shed individually is quite long, other similar sized sheds and cumulative smaller sheds equating to a similar size/built form, exist on other properties in the Local Government Area. In addition, State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 allows 200m², 7m high farm sheds provided they are 50m from an adjoining dwelling as exempt development. There is no limit on how many sheds can be built as exempt. Therefore, the applicant could technically have split the shade structure into components and done it without Council approval.
The shed would not have cost $50,000.	Noted. Preliminary calculations from Council suggest the figure would be more around $100,000. However, the cost does not create any impacts in terms of the DA assessment or change in DA fees due to the structure existing (continued use application).
The DA has not consulted with neighbours or Council’s Social Impact Assessment Policy.	The continued use of a farm shed and physical works to upgrade a dairy effluent system do not warrant the need for any specific social comment or major assessment under the Policy. Such works in a rural setting, associated with a dairy use that does not require consent, are unlikely to create any adverse social impact.
Is the effluent system for animal waste only (ie not human waste).	The effluent system and irrigation process is for animal waste only.
Treatment of effluent waste needs to be clarified.	The actual effluent system, process and irrigation do not form part of this consent. They are subject to a separate application and assessment process. Nonetheless, it is understood that the only treatment being applied is storage (to separate solid and liquid waste) and dilution of liquid wastes for irrigation.
Feed pad onsite is being used as a feedlot, which is a different classification.	The feed pad is used to provide supplementary feed/nutrients to cattle with the primary source of feed being pasture based. This set up is quite common on farms (especially during drought periods) and does not constitute a feed lot. A feed lot or intensive livestock is where stock are kept and fed primarily on imported food. Should the feed pad morph into a feed lot/intensive livestock, a further application can be requested.
The Cleary’s are moving cattle along Hewens Road not in accordance with their permit. The cattle have also been damaging the road, drains etc. The Cleary’s also have infrastructure within the road reserve. These non compliances show disregard for regulations.	This is not relevant to the subject application.
Right of carriageway to neighbouring property blocked by farm operations/milk tanker. The blocking of access and spraying effluent onto neighbouring properties are intimidation tactics.	This is a civil matter and not relevant to the application.
All residents of Hewens Road should have been notified due to increase in traffic.	As stated above, the application is for the continued use of a shade structure shed and physical works to upgrade the dairy effluent system. None of these generate any significant increase in traffic.
If the application is to be approved, Council will need to regulate the operations and support issues raised by neighbours.	Council compliance staff will investigate any compliance issue on a neutral basis (i.e. support will be provided on the merits of each case).
Fly treatment program to be implemented.	Fly treatment relates to a use (dairy) and farming activities that do not require consent and do not form part of this application.
Activities onsite are not consistent with normal agricultural activities.	It is considered that the development largely comprises normal agricultural activities as well as some that are associated with a more unique use (dairy) that does not require consent.

(e) The Public Interest:

The proposed development satisfies relevant planning controls and is not expected to impact on the wider public interest.

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

· Development contributions do not apply in this case. The value of works do not exceed $100,000 and the dairy (pasture based) use does not require consent.

5. CONCLUSION

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

Attachments

1 View. DA2017 - 218.1 Plans

2 View. DA2017 - 218.1 Recommended Conditions

3 View. DA2017 - 218.1 Submission - Caller.

AGENDA Development Assessment Panel 14/06/2017

Item: 07

Subject: DA2017 - 307 - Staged Alterations to caravan park and construction of ancillary recreation facility (outdoor) - Munster Street, Port Macquarie

Report Author: Patrick Galbraith-Robertson

Applicant: Love Project Management

Owner: Australian Tourist Park Management

Estimated Cost: $650K

Parcel no: 14241

Alignment with Delivery Program

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

RECOMMENDATION

That DA2017 - 307 for staged alterations to caravan park and construction of ancillary recreation facility (outdoor) at Lot 655, DP 45849, Munster Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for staged alterations to caravan park and construction of ancillary recreation facility (outdoor) 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, twelve(12) submissions have been received.

1. BACKGROUND

Existing sites features and Surrounding development

The site has an area of 8.214 hectares.

The area of the proposed works is level and has a long history of use as part of the caravan and camping operations on this land.

There are four existing amenities buildings which contain the showers, toilets and laundry facilities on site. A recent development consent will result in the upgrade of these facilities via the staged replacement of the buildings with new modular units.

The subject land also contains a reception / office building accessed via Munster Street. There is an existing children’s playground and large inground pool for guests, as well as camp kitchen areas and facilities.

The property boundary includes a variety of security fencing. These fences range from low wooden fences, to security fencing along parts of the Breakwall boundary, as well as some temporary security fencing remaining along the southern boundary.

A recent development approval will provide for a single security fence along the eastern boundary and part of the southern property boundary.

The site of the proposed Water Park and Bicycle Pump Track contains existing cabin sites which will be relocated, as well as part of the internal road network which will be removed.

The site is zoned RE1 public recreation 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 (as amended) include the following:

· The proposal is to construct a Recreational Facility (outdoor) which will consist of a Water Park, Bicycle Pump Track, and shaded play areas. The proposal also includes changes to the layout of the existing approved sites within this block of the caravan park, and removal of part of an existing road (5th Avenue). The development will be staged such that the Recreational Facility will be installed as stage one, and the establishment of the relocated cabins will be stage two.

Refer to attachments at the end of this report.

Application Chronology

· 13 April 2017 - DA lodged with Council

· 4 to 17 May 2017 - neighbour notification of the proposal

· 8 May 2017 - Applicant provided with updated to processing application

· 22 May 2017 - Additional information requested from Applicant - response to submission issues, building height and operational matters

· 23 May 2017 - Amended plans received from Applicant

· 30 May 2017 - Additional information received from Applicant to respond to submissions issues.

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.21 - Caravan Parks

This proposal does not include any additional sites within the Park and thus the provisions of SEPP 21 are not relevant to this proposal. All alterations proposed can comply with the Local Government Caravan Parks Regulations. The park is required to be operated in accordance with the applicable regulations and as part of a Section 68 to operate (separate to this DA).

A condition is recommended to reinforce this requirement as per the SEPP requirements.

State Environmental Planning Policy No. 44 - Koala Habitat Protection

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

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

State Environmental Planning Policy No.55 – Remediation of Land

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

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

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

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

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

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

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

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

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

c) any adverse impacts on flora and fauna;

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

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

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

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

h) adverse cumulative impacts on the environment;

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

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

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 RE1 public recreation. In accordance with clause 2.3(1) and the RE1 zone landuse table, the proposed development recreation facility (outdoor) and alterations to caravan park is a permissible landuse with consent.

The objectives of the RE1 zone are as follows:

· To enable land to be used for public open space or recreational purposes.

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

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

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

o the proposal is a permissible landuse;

o the proposal is considered to be a compatible landuse within the existing tourist park.

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

· Clause 4.3, the maximum overall height of the water play structure which is termed a building above ground level (existing) is 5.54m which complies with the standard height limit of 8.5m applying to the site.

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

· Clause 5.10 – 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 proposed development includes works which will unlikely to excavate below 1m below the ground surface. Therefore no adverse impacts are expected to occur to the acid sulphate soils found on site.

· 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 & manage the flood risk to life and property associated with the use of land;

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

(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 does not contravene any of the applicable development provisions of this DCP. The amenities do not generate any reconsideration of parking provision requirements for the use of the site.

There is no change to number of sites.

(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 & Assessment Officers Assessment Table under section (b) for assessment against Coastal Policy Objectives)

Demolition of buildings AS 2601 – Clause 92

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

(a)(v) Any Coastal Zone Management Plan

No Coastal Zone Management Plan applies to the subject site.

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

Context and setting

The site for the proposal is the existing Sundowner Breakwall Tourist Park.

The additional structures are all sited well within the property boundaries and will have minimal visual impact in the locality. It is considered the proposal is consistent with the existing context and setting.

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

The proposal adequately addresses planning controls for the area.

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

The proposal does not have significant adverse lighting impacts.

There are no significant adverse privacy impacts.

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

Traffic and Transport

The proposal is not anticipated to generate additional traffic generation as the facilities will be for patrons who book to stay in the Park only.

Water Supply Connection

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

Refer to relevant conditions of consent.

Stormwater

No adverse impacts anticipated.

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.

Soils

The proposed development will be unlikely to have any adverse impacts on soils in terms of quality, erosion, stability and/or productivity.

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

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

No adverse impacts anticipated.

Noise and vibration

The site is zoned for recreation purposes and is currently occupied by an existing caravan park and includes a large swimming pool in close proximity to the additional facilities.

It is noted that the nearest residential buildings are located approximately 55m to the south from the proposed facilities. It is anticipated that the existing swimming pool use in the same general location would generate some day time use noise in summer and is restricted to not be used after dusk (sign attached to swimming pool fence).

The use of any playground equipment may at times involve noise from children’s play, as well as the chatter of adults. The application makes reference to this noise and the means to regulate this by limiting the hours of use of the Water Park. The Water Park will be in operation from 8am until dusk. The pump track is for push bike use and is a modular, fibreglass material which is not designed to generate noise.

The Applicant has advised that any noise disturbance arising from the Park guests is managed by the onsite staff and security operations regardless of the facilities on the site. Therefore, whether the guests are utilising the outdoor bbq areas, the swing set or walking around the Park during the evening hours, there are still controls on noise generation which are enforced by the Park Managers. These facilities will be unlikely to alter the ongoing management of the amenity of the Park both for other guests and the nearby residents.

A condition is recommended to reinforce the hours of operation.

It is also recommended that a condition be imposed on the development consent to prevent generation of ‘offensive noise’ as defined under the Protection of Environment Operations Act 1997.

No adverse impacts anticipated with regard to construction noise which can be readily managed. A condition is 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. 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 flooding have been adequately addressed and appropriate conditions of consent recommended.

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

Twelve (12) 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
Noise disturbance and hours of use	The Applicant has provided the following response to the submission issues raised: The use of any playground equipment may at times involve noise from children’s laughter and delight, as well as the chatter of adults. The application makes reference to this noise and the means to regulate this to limited hours of use of the WaterPark. The WaterPark will be in operation from 8am until dusk. The pump track is for push bike use and is a modular, fibreglass material which is not designed to generate noise. In the same manner that the guests of the park may ride their pushbikes without time restriction, the pump track will be available for use. However, any noise disturbance arising from the Park guests is managed by the onsite staff and security operations regardless of the facilities on the site. Therefore, whether the guests are utilising the outdoor bbq areas, the swing set or walking around the Park during the evening hours, there are still controls on noise generation which are enforced by the Park Managers. Therefore, these facilities will not alter the ongoing management of the amenity of the Park both for other guests and the nearby residents. This response is considered acceptable and it is considered that refusal of the application on noise grounds cannot be justified. It is recommended that a condition be imposed on the development consent to not prevent generation of ‘offensive noise’ as defined under the Protection of Environment Operations Act 1997 and a condition to reinforce the restriction as to times of use.
Unrestricted consent	The Applicant has provided the following response to the submission issues raised: The installation of playground equipment may be undertaken as exempt development. Therefore, there are some upgrade works that may be undertaken without further Council approval. The application acknowledges that these state planning controls are in place. This is technically correct. It is also noted that the maximum height of the structure and footprint would need to be maintained should the structure be modified. This response is considered acceptable and justified to not warrant recommending refusal of the application.
Unlimited public access	The Applicant has provided the following response to the submission issues raised: The facilities are installed for guest use and not for general public access. The Park Management have advised that a system involving the use of wrist bands will be implemented to limit access to the WaterPark. It is of course, in the interests of the Park Managers to ensure the facility is for the guests of the Park. Therefore, the proposed works will not increase the number of guests in the Park. This response is considered acceptable. The site is also zoned for recreation use.
Location in the park	The Applicant has provided the following response to the submission issues raised: The suggestion that the Water Park could be located towards the eastern end of the Park near the skate park would result in a lower level of management of the facility. The administration areas of the Park are adjoining the existing swimming pool and covered bbq area, and the location of the WaterPark will provide an extension of this recreation precinct. The administration area will overlook the recreation precinct and enable ongoing management of the facility and provide for immediate responses to any problems that may arise. Locating the Water Park closer to the skate park may make the facility more prone to non guest access or evening access as that end of the Park is not as readily monitored by staff. This response is considered acceptable.
Safety	The Applicant has provided the following response to the submission issues raised: The proposal has specifically created a recreational precinct within the Park and closed off vehicle movements between the existing pool / administration area and the proposed Water Park. The design has created a safe, vehicle free area. The Park has a speed limit and management controls to ensure vehicles moves slowly within the Park environment. All such parks are a mix of pedestrian, cyclist and vehicle / caravan movements and thus, speed limits are controlled. By providing a recreational precinct, the managers of this Park have taken steps to improve the safety of their park guests. This response is considered acceptable.
Visual impact	The Applicant has provided the following response to the submission issues raised: The plans for the proposed WaterPark have been amended to address concerns raised. The amended plans provide for a maximum height of 5.54 metres. This is a significant reduction in the overall height of the play equipment. It should also be noted that this is the highest point on the equipment, and the majority is well below this level. The 3D images provided show the colours of the play equipment. Given the low nature of the site relative to the broader surrounding topography rising up from the site to the south, separation from boundaries and compliance with the building height limits for the site no adverse visual impacts can be identified to not warrant recommending refusal of the application.

(e) The Public Interest:

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

· Development contributions will be required under Section 94A of the Environmental Planning and Assessment Act 1979 towards roads, open space, community cultural services, emergency services and administration buildings.

5. CONCLUSION

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

Attachments

1 View. DA2017 - 307.1 Plans.pdf

2 View. DA2017 - 307.1 Recommended Conditions.pdf

3 View. DA2017 - 307.1 Submission - Chantrill

4 View. DA2017 - 307.1 Submission - Cooper

5 View. DA2017 - 307.1 Submission - Cooper for Strata Comittee

6 View. DA2017 - 307.1 Submission - Gordon

7 View. DA2017 - 307.1 Submission - Hobday

8 View. DA2017 - 307.1 Submission - Leonard

9 View. DA2017 - 307.1 Submission - Muller

10 View. DA2017 - 307.1 Submission - Murphy

11 View. DA2017 - 307.1 Submission - Richards & Newman

12 View. DA2017 - 307.1 Submission - Robertson & Green

13 View. DA2017 - 307.1 Submission - Strata Professionals for Owners

14 View. DA2017 - 307.1 Submission - Thompson

Member	8/3/17	22/03/17	12/04/17	10/05/17	24/05/17
Paul Drake Matt Rogers (alternate)	P	P	P	P	P
Dan Croft Patrick Galbraith-Robertson Warren Wisemantel (alternates)	P	P	P	P	P
David Troemel Caroline Horan (alternate) Bevan Crofts (alternate) Grant Burge (alternate)	A P	P	P	P	P

MISSION:

FUNCTIONS:

TIMETABLE:

INDEPENDENT CHAIR:

QUORUM:

DECISION MAKING:

LOBBYING: