Agenda of Development Assessment Panel

MINUTES Development Assessment Panel Meeting

14/06/2017

PRESENT

Members:

Paul Drake

Dan Croft

David Troemel

Other Attendees:

Pat Galbraith-Robertson

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 24 May 2017 be confirmed.

04 DISCLOSURES OF INTEREST

There were no disclosures of interest presented.

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

CONSENSUS:

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.

06 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

CONSENSUS:

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.

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

A submission from David and Euginia Hobday dated 15 June 2017 was tabled at the meeting.

Speakers:

Pauline Cooper (o)

Stewart Robertson (o)

Vanessa Kelliher (o)

David Hobday (o)

Euginia Hobday (o)

Kevin Cooper (o)

Jack Leonard (o)

Michelle Love (applicant)

Dawn Marchment (applicant)

The Panel was unable to reach consensus.

For: Dan Croft and David Troemel

Against: Paul Drake

For:

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 as amended below:

Amend condition A(5) to read: ‘No work shall commence, with the exception of the installation of the pump track, until a Construction Certificate has been issued and the applicant has notified Council of:

a. the appointment of a Principal Certifying Authority; and

b. the date on which work will commence.

Such notice shall include details of the Principal Certifying Authority and must be submitted to Council at least two (2) days before work commences.’

Amend condition C(1) to read: ‘With the exception of the pump track, each stage shall not be occupied or used in whole or in part until an Occupation Certificate has been issued by the Principal Certifying Authority.’
Amend condition C(3) to read: ‘Barrier fencing between the roadway and recreational facility is to be installed before commencement of use of each component of the recreational facility.’
Amend condition D(2) to read: ‘Hours of operation of the development are restricted to the following hours daily:

- 8am to 8pm during eastern daylight savings time and 8am to 6pm outside daylight savings time.

A sign is to be erected on the fence surrounding the new playground to reflect these restricted times of use and the play area shall not be illuminated.’

Additional condition in section D of the consent to read: ‘An on-site manager is to be available on site at all times to manage usage of the recreational facility components and appropriately manage any noise complaints.’
Additional condition in section D of the consent to read: ‘No audio devices, bells, or whistles are to be fitted to the water play equipment.’
Additional condition in section D of the consent to read: ‘Use of the recreational facility and play equipment is to be restricted to use by overnight guests of the caravan park.’
Additional condition in section D of the consent to read: “Development consent is required for any new or replacement play equipment unless it is classified as exempt under State Environmental planning Policy (Exempt and Complying Development Codes) 2008.’

Against:

The applicant has failed to demonstrate that the proposal will not have an adverse acoustic impact on nearby residential receivers. It is considered that the intensity of the development is not ancillary to the caravan park and the use is not suitable for the site.

In accordance with the Development Assessment Charter where "consensus" is not possible, the matter is to be referred to Council.

08 GENERAL BUSINESS

Nil.

The meeting closed at 3:20pm.

AGENDA Development Assessment Panel 28/06/2017

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 28/06/2017

Item: 05

Subject: DA2017 - 332.1 Shed - Lot 7 DP 1060564, No 13 Riverbreeze Drive Crosslands

Report Author: Warren Wisemantel

Applicant: R M & S I Robinson

Owner: R M & S I Robinson

Estimated Cost: $18,700

Parcel no: 42154

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2017 - 332.1 for an ancillary building (shed) at Lot 7 DP 1060564, No. 13 Riverbreeze Drive Crosslands, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for an ancillary building (shed) at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

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

1. BACKGROUND

Existing sites features and surrounding development

The site has an area of 5633m².

The site is zoned RU6 Transition/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:

· The applicant proposes to erect a shed and rainwater tank on the northern side of the allotment directly behind House No. 15 Riverbreeze Drive Crosslands.

Refer to attachments at the end of this report.

Application Chronology

· 26 April 2017 - Application lodged

· 9 May 2017 - 22 May 2017 - Exhibition via neighbour notification

· 17 May 2017 - Objection received

· 26 May 2017 - Site inspection carried out with applicant objector discussing concerns regarding stormwater disposal

· 31 May 2017 - Correspondence sent to both applicant and objector/s outlining that applicant would provide updated plan indicating rainwater tank and raised garden bed on northern boundary to slow stormwater runoff onto objector’s property.

· 31 May 2017 - Updated site plan submitted by applicant indicating rainwater tank and garden bed on boundary as discussed in site meeting.

· 31 May 2017 - Correspondence received from objector requesting size of rainwater tank.

· 31 May 2017 - Correspondence received from applicant advising 5000 litre water tank would be provided.

· 1 June 2017 - Objector advised 5000 litre water tank would be installed.

· 1 June 2017 - Correspondence received from objector requesting applicant consider a 10,000 litre water tank.

· 1 June 2017 - Correspondence received from applicant advising that they would only be providing a 5000 litre water tank, rubble drain for stormwater disposal from tank overflow and sprinkler system to disperse water to rear of allotment.

· 2 June 2017 - Updated site plan provided clearly defining 5000 litre water tank, raised garden bed on northern boundary, rubble drain for stormwater disposal along with sprinkler system to rear of allotment.

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

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

State Environmental Planning Policy No.55 – Remediation of Land

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

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

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

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

The site is not located within a coastal zone as defined in accordance with clause 4 of SEPP 71.

Port Macquarie-Hastings Local Environmental Plan 2011

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

· Clause 2.2, the subject site is zoned R1 General Residential and RU6 Transition. The proposed shed is to be constructed on the portion of land zoned RU6. In accordance with clause 2.3(1) and the RU6 zone landuse table, the dwelling (or ancillary structure to a dwelling) is a permissible landuse with consent.

The objectives of the RU6 zone are as follows:

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

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

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 (existing) is 4.66mm which complies with the standard height limit of 8.5m applying to the site.

· Clause 4.4, there is no maximum 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.

· Clause 7.1, the site is not land mapped as potentially containing acid sulfate soils.

· Clause 7.3, the site is not land mapped as being in a “flood planning area”.

· Clause 7.5 – Koala Habitat – The site is not identified as a “Koala Habitat area” on the Koala Habitat Map.

· Clause7.13, 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
3.2.2.1	Ancillary development: • 4.8m max. height • Single storey • 60m2 max. area • 100m2 for lots >900m2 • 24 degree max. roof pitch • Not located in front setback	Proposed storage shed located in rear yard having an effective height of 4.66m to the ridgeline. The proposed shed has a total area of 104m2.	No. The proposed shed exceeds the 100m2 recommended in councils DCP by 4m2. Exceeding this requirement by 4m2 will have little if any effect on adjoining neighbours. Given the shed cannot be viewed from Riverbreeze Drive and the overall size of the allotment being 5633m2, it is considered the shed will not detract from the general amenity of the area or have a detrimental effect on the streetscape.
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	N/A
3.2.2.2	Front setback (Residential not R5 zone): • Min. 6.0m classified road • Min. 4.5m local road or within 20% of adjoining dwelling if on corner lot • Min. 3.0m secondary road • Min. 2.0m Laneway	39.5m from front boundary. Located 6.5m from rear boundary of adjacent neighbour (House No. 15)	Y
3.2.2.3	Garage 5.5m min. and 1m behind front façade. Garage door recessed behind building line or eaves/overhangs provided	N/A. Storage shed located in rear yard
	6m max width of garage door/s and 50% max. width of building	N/A
	Driveway crossover 1/3 max of site frontage and max. 5.0m width	Existing driveway access in place	Y
	Garage and driveway provided on each frontage for dual occupancy on corner lot	N/A
3.2.2.4	4m min. rear setback. Variation subject to site analysis and provision of private open space	Well exceeds 4m minimum rear setback.	Y
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	6.5m from eastern boundary and 8.2m from Northern boundary	Y
3.2.2.6	35m2 min. private open space area including a useable 4x4m min. area which has 5% max. grade	Existing	Y
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 proposal does not give rise to any privacy impacts.	Y

*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	Less than 1m	Y
2.3.3.8	Removal of hollow bearing trees	No hollows identified at site inspection	Y
2.6.3.1	Tree removal (3m or higher with 100m diameter trunk at 1m above ground level and 3m from external wall of existing dwelling)	No trees being removed.	Y
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	N/A
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking	Existing driveway in place	Y
2.5.3.3	Parking in accordance with Table 2.5.1. 1 space per single dwelling (behind building line)	Existing parking in place	Y
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	Existing	Y
2.5.3.14	Sealed driveway surfaces unless justified	Existing	Y
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	Existing	Y
2.5.3.17	Parking areas to be designed to avoid concentrations of water runoff on the surface.	Existing	Y
2.5.3.17	Vehicle washing facilities – grassed area etc available.	Existing	Y

(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:

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:

None applicable.

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

Context and setting

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

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

• There is no adverse impact on existing view sharing.

• There is no adverse privacy impacts.

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

Access, transport and traffic

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

Water Supply

Service available

Sewer

Service available

Stormwater

Service available – details required with S.68 application. Stormwater being directed to 5000 litre rainwater tank with overflow being diverted to rubble drain.

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

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

Air and microclimate

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

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.

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 (ie increased expenditure in the area).

Site design and internal design

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

Construction

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

Cumulative impacts

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

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

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

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

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

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

Submission Issue/Summary

Planning Comment/Response

Concerns raised in relation to stormwater disposal from the proposed shed. Objector experiencing flooding in periods of wet weather and has raised issues with effective plumbing, retaining and planting in relation to stormwater.

Applicant has provided updated plan indicating 5000 litre rainwater tank collecting stormwater from proposed shed. Overflow from the rainwater tank will be diverted to rubble drain located on applicant’s property well clear of property boundaries and will adequately manage roof stormwater. Applicant is also constructing raised/mulched garden bed on northern boundary to slow surface water entering objector’s property. Applicant is not responsible for containing the flow of surface water from the natural lay of the land (i.e from the high side to the low side). If objector is experiencing drainage problems they should look to have additional drainage installed.

(e) The Public Interest:

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

Not applicable

5. CONCLUSION

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

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 - 332.1 Plans

2 View. DA2017 - 332.1 Recommended Conditions

3 View. DA2017 - 332.1 Submission - Lawrie

AGENDA Development Assessment Panel 28/06/2017

Item: 06

Subject: DA2017 - 249.1 Part Change of Use to Educational Establishment - Lot 2 DP 610860 - 8 Table Street, Port Macquarie

Report Author: Benjamin Roberts

Applicant: Port Macquarie Steiner

Owner: Trustees of Synod of Eastern Australia

Estimated Cost: $0

Parcel no: 22976

Alignment with Delivery Program

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

RECOMMENDATION

That DA2017 - 249 for a part change of use to educational establishment at Lot 2, DP 610860, No. 8 Table Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a part change of use of the old church hall building to an educational establishment at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

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

1. BACKGROUND

Existing sites features and Surrounding development

The site has an area of 1357m² and contains an old church hall building. Archival records indicate development consent was granted by Council on 1 September 1982 to use the building for the purpose of primary school for a maximum of 25 pupils. It is unclear how long the building was used for this purpose.

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:

· Part change of use of existing church building to educational establishment

Refer to attachments at the end of this report.

Application Chronology

· 30 March 2017 - Application lodged

· 10 - 28 April 2017 - Public exhibition via neighbour notification

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

State Environmental Planning Policy (Infrastructure) 2007

This policy provides that development for the purpose of an educational establishment may be carried out with consent in the R1 Residential zone.

Before determining a development application for development for the purposes of a school, the consent authority must take into consideration all relevant standards in the following State government publications (as in force on the commencement of this Policy):

(a) School Facilities Standards—Landscape Standard—Version 22 (March 2002),

(b) Schools Facilities Standards—Design Standard (Version 1/09/2006),

The proposal is not inconsistent with these standards.

Port Macquarie-Hastings Local Environmental Plan 2011

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

· Clause 2.2, the subject site is zoned R1 General Residential. In accordance with clause 2.3(1) and the R1 zone landuse table, the proposed development for a part change of use to educational establishment is a permissible landuse with consent.

The objectives of the R1 zone are as follows:

o To provide for the housing needs of the community.

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

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

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

o The proposal is a permissible landuse;

o The development will provide for a facility and service to meet the needs of residents.

· 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 7.13, satisfactory existing 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:

Draft State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017

This draft policy was exhibited from 3 February 2017 to 7 April 2017.

The draft policy provides that development for the purpose of an educational establishment may be carried out with consent in the R1 Residential zone.

The draft policy provides that before determining a development application the consent authority must take into consideration the design quality of the development when evaluated in accordance with the design quality principles set out in Schedule 4 of the policy.

The proposal is not inconsistent with the design quality principles set out in schedule 4 of the draft policy.

No other draft instruments apply.

(iii) any Development Control Plan in force:

Port Macquarie-Hastings Development Control Plan 2013

The only building works proposed are the installation of playground equipment at the rear of the site. No building works are proposed to the existing building.

Having regard to the above the relevant general provisions of the plan are addressed in the following table:

Requirement	Proposed	Complies
2.2 Advertising and signage	No signage is proposed under this application.	N/A
2.3 Environmental Management	No cut and fill is nominated. However some will be required to construct the car park. The impacts of any cut and fill required are manageable. Site inspection revealed a camphor laurel tree of approximately 2m in height would require removal to accommodate the playground/community garden. No significant trees are proposed to be removed.	Yes Yes
2.5 Transport, Traffic Management, Access and Carparking	The plan contains no specific parking rate for educational establishments/schools. Council’s previous development controls historically required parking for schools at a rate of 1 space per 8 students. Based on previous controls and the proposed 30 students a total of 3.75 or 4 spaces would be required. 5 parking spaces, inclusive of one disabled space and one stacked staff space have been nominated on the plans. The stacked space cannot be relied upon and preliminary comments from Councils Development Engineering staff suggest the space alongside the proposed disabled space would be lost in achieving a compliant shared area. However it is noted in the access appraisal report which accompanied the application that provision of disabled access to the building is not required under this proposal (i.e. as no new building works are proposed). Having regard to this it is considered superfluous to provide a disable parking space to serve the development. Accordingly 4 of the spaces shown on the plan are capable of compliance with the relevant standards and as such sufficient parking is proposed to serve the development. A condition has been recommended restricting the number of students to 30. Satisfactory landscaping is proposed and conditioned to soften the impact of the at grade car parking area forward of the building line on the site.	Yes
2.7 Social Impact Assessment and Crime Prevention	No adverse crime risk potential identified with design/layout of the school. To improve safety and security a condition has been applied requiring inadequate boundary fencing to be repaired/upgraded.	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:

New South Wales Coastal Policy

Consistent. Refer to earlier comments under SEPP 71 heading of this report.

Clause 93 - Fire safety considerations

This clause applies to applications for a change of building use for an existing building where the applicant does not seek the rebuilding, alteration, enlargement or extension of a building.

In determining such applications, the consent authority is to take into consideration whether the fire protection and structural capacity of the building will be appropriate to the building’s proposed use.

The application was supported by a fire safety upgrading report prepared by David Pensini dated 20 January 2017. The report recommends a number of upgrade measures to ensure the building is suitable for its intended use.

The recommended upgrade measures identified in this report are to form part of the consent conditions and are to be undertaken prior to any occupation certificate being issued. Refer to recommended consent condition.

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

No coastal zone management plan applies to the site.

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

Context & Setting

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

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

The proposal does not have significant adverse lighting impacts.

There are no significant adverse privacy impacts. Adequate building separation is proposed/existing.

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

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

Roads

The site has road frontage to Table Street, an 11m wide sealed road (kerb to kerb) within a 30m wide road reserve, which is owned and maintained by Council.

The road is bordered by upright (SA) type kerb and gutter and there is no street piped drainage network near the section of road fronting the site. Parts of Table Street including the direct frontage of the site have a 1.2m wide concrete footpath, which is progressively being infilled as developments are completed in the area, but with some sections currently missing.

Traffic and Transport

The proposed school is planned to cater for 1 staff and 30 students. To limit traffic impacts caused by the development on surrounding properties and roads, a condition of consent is recommended limiting the use to no more than 30 students in attendance at any one time.

The RMS’ Guide to Traffic Generating Developments (2002) has no guidance on traffic generation by schools. The 2014 Schools Analysis Report commissioned by RMS provides a vehicle trip generation rate in the AM peak hour of 0.73 per student, and 0.57 per student in the PM peak (on average, regional schools, primary + secondary), but the values range widely between 0.11 and 1.35 depending on site characteristics.

Assuming a rate of 1.35 for sensitivity testing, the development may be expected to generate up to 40 vehicle trips in the AM peak hour as an absolute worst case. The surrounding road network is not burdened by similar peaking uses at this time, with the exception of Hollingsworth Street northbound turning onto Gordon Street, which is used as a regular morning ‘rat-run’ by motorists avoiding the Hastings River Drive traffic lights. Most of this traffic is expected to use Ackroyd Street to the north rather than Table Street, so no significant impacts on traffic or the road network are anticipated as a result of the development.

Site Frontage & Access

Vehicle access to the site is proposed through one access driveway to the front carpark onsite. All accesses shall comply with Council AUSPEC and Australian Standards, and conditions have been imposed to reflect these requirements.

Parking and Manoeuvring

Refer to parking calculations in Development Control Plan assessment table earlier within this report. Sufficient parking is proposed.

Parking and driveway widths on site can comply with relevant Australian Standards (AS 2890) and conditions have been imposed to reflect these requirements.

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

Utilities

Telecommunication and electricity services are existing to the site.

Stormwater

The site naturally grades towards the Table Street frontage and is currently not serviced by a site outlet or a piped drainage network along the road. The legal point of discharge for the proposed development is defined as a direct connection to Council’s kerb and gutter with the use of an approved adaptor (one per lot only).

A detailed site stormwater management plan will be required to be submitted for assessment with the S.68 application.

In accordance with Councils AUSPEC requirements, on-site stormwater detention facilities must be incorporated into the stormwater drainage plan.

Refer to relevant conditions of consent.

Sewer and Water supply

Services are existing and Councils water and sewer supply section have advised that no additional augmentation or works are necessary for the proposed development.

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 & Micro-climate

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 & 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.

Waste

Satisfactory arrangements are available 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

The proposed hours of operation are 8:30am to 4pm weekdays only. A condition confirming these operational hours has been recommended. A condition restricting construction work to standard hours is also recommended.

Similar to a childcare centres of a similar capacity the nature of the development does have the potential to result in noise impacts to adjoining residential occupants. Outdoor play areas experience a high level of activity and are subsequently the central noise source.

The outdoor play area is to be located behind the building at the rear of the site along the southern boundary as illustrated on the plans. An existing dilapidated 1.8m high timber fence is located along the southern boundary. A 1.8m colour bond fence is provided along the eastern boundary and a 1.5m high timber paling fence is located along the western boundary.

As proposed the outdoor play equipment will be approximately 13m from the adjoining single storey units to the west of the site and approximately 10m from the adjoining two storey units to the east of the site.

To provide for an increase level of amenity between the proposed playground equipment and adjoining units to the west it is considered appropriate that the existing 1.5m timber paling fence be increased to 1.8m in height. Condition of consent has been recommended.

Having regard to the proposed hours of operation, building separation distances and existing and required fencing arrangements it is anticipated that no significant adverse noise impacts would result that could warrant refusal of the application.

Natural Hazards

The site not mapped as bushfire prone or flood prone land. No adverse impacts anticipated.

Safety, Security & 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 Impact 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 and

operation of the development.

Site Design and Internal Design

The proposed development design satisfactorily responds to the site attributes and

will fit into the locality. No adverse impacts likely.

Construction

No potential adverse impacts identified to neighbouring properties with the

construction of the proposal.

Cumulative Impacts

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

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

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

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

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

One (1) written submission has been received following public exhibition of the application.

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

Submission Issue/Summary	Planning Comment/Response
No indication of whether the Department of Education have been notified.	Approval requirements of the Department of Education do not form part of the relevant planning considerations.
The site is not suitable for a primary school.	The assessment concludes the site is suitable for the proposed use.
The Statement of Environmental Effects (SOEE) submitted is inadequate and response to some questions are wrong. The application should be rejected or at the very least a comprehensive SOEE and Environmental Impact Statement (EIS) should be sought including extensive community consultation.	The proposal is not designated development and no EIS is required. The SOEE provided is acceptable. Exhibition of the application has been undertaken in accordance with Port Macquarie-Hastings Council’s Development Control Plan 2013.
Contrary to the response in the SOEE the school operation will require deliveries. The lack of parking facility for deliveries and buses will lead to unacceptable traffic impacts to other road users.	There is sufficient area onsite to accommodate any anticipated deliveries for the proposal. Refer to comments under traffic and transport heading of the report. No adverse impacts are anticipated that would warrant refusal of the application.
Contrary to the response in the SOEE a school is not consistent with the residential zone objectives and the proposal is incompatible with the character of the existing neighbourhood.	The assessment concludes that the proposal is consistent with the zone objectives and compatible with the locality.
Contrary to the response in the SOEE the site is not suitable. The area consists of elderly residents in townhouses and villas. The noise and business proposed is incompatible.	The assessment concludes that the site is suitable and compatible with the locality. There are no significant adverse noise impacts that would warrant refusal of the application. Refer to comments under noise heading within the report.
Contrary to the response in the SOEE the proposal will be out of character with the surrounding medium density residential area consisting of elderly residents.	The assessment concludes that the site is suitable and compatible with the locality.
Contrary to the response in the SOEE construction of the car park will require excavation and filling that may have drainage implications.	Agreed. A Construction Certificate is required before the car park is constructed. The application for the Construction Certificate will need to demonstrate compliance with relevant drainage standards.
Contrary to the response in the SOEE it is expected that signage is proposed.	No signage is proposed under the application. Any future signage will require further consent if not exempt under State policy. Advisory condition recommended.
Contrary to the response in the SOEE the proposal will result in noise impacts to neighbouring properties.	Refer to comments under noise heading of the report. No adverse impacts anticipated that would warrant refusal of this application.
Contrary to the response in the SOEE the proposal will result in removal of trees.	Refer to comments in Development Control Plan table. No significant trees are to be removed.
Table Street is not connected to the NBS which will be of concern to the education department.	Approval requirements of the Department of Education do not form part of the relevant planning considerations. The site is currently serviced by essential services.
5 parking spaces are nominated with reference to DCP 18 which relates to Area 13 Thrumster Development Control Plan not relevant to the site. The provision of 1 space per 8 students and lack of pick up and drop off facility is inadequate. Lack of both turning and loading/unloading facilities. Unacceptable traffic impacts to the local road network.	DCP 18 is a superseded Development Control Plan that related to off-street parking requirements. Refer to comments under traffic and transport heading and parking section of Development Control Plan table. Condition recommended requiring car park to be redesigned to provide dedicated turnaround bay.
Increased paved area will result in increased stormwater runoff could impact on residents of 10 Table Street.	A Construction Certificate is required before the car park is constructed. The application for the Construction Certificate will need to demonstrate compliance with relevant drainage standards.
Why has no community consultation been undertaken by the applicant. The failure to do so is irresponsible and shows a lack of understanding of how schools work.	Noted. There is no legal planning requirement for the applicants to undertake community consultation. Exhibition of the application has been undertaken in accordance with Port Macquarie-Hastings Council’s Development Control Plan 2013.
No details of proposed waste management arrangements have been provided. Inconsistent with the Department of Education’s guidelines.	The site is capable of providing sufficient waste management and storage arrangements whether it be mobile garbage bins or a private waste collection service. Approval requirements of the Department of Education do not form part of the relevant planning considerations.
Existing fences are totally inadequate.	Noted a condition has been recommended requiring dilapidated fencing to be upgraded.
A community garden is proposed within the site. Access to this garden by members of the public is unacceptable.	The applicant has confirmed that this garden is not intended for open, broad community access such as at 'The Lost Plot' on central road. Its intended to be used primarily for students and educational purposes.
What is the status of this facility if converted to an educational facility. Can the school then deny access to community members, including church members.	The proposal is for part change of use to educational facility during week days only. The church use is to remain on weekends. The land owner is ultimately responsible for who uses the site and when.
The present building is inadequate as a classroom. The building is old and not up to standards of a school.	Fire safety upgrade works required. Refer to recommended conditions and fire safety upgrade report.
Installation of ‘ceiling vents’ in the rusty roof need new zinc aluminium.	Noted.
There is no room on this site for the school to grow. Shows a lack of foresight.	The proposal is for maximum 30 students. Any future expansion would require further development consent.
There is no disabled access to the building even though a disabled parking space is proposed.	Noted. Refer to parking comments in Development Control Plan table. A disabled parking space is not required.
Are the two existing toilets adequate for 30 students and staff. No separate staff toilet is provided. This is a hygiene issue.	Based on the likely occupant numbers the existing amenities provided are sufficient.
The plans provide no shade over the playground, nor does it provide any shelter in inclement weather.	Noted. In response to an additional information request the applicant has provided more detailed playground plans which indicate a shade structure over the sand pit. Refer to attached plans.
In previous years the DEET required an enrolment of 52 students before establishment of a private school. There is no indication whether approval has been gained by Department of Education.	Approval requirements of the Department of Education do not form part of the relevant planning considerations.
Residents are concerned about possible reduction of property values of a school within close proximity.	No evidence has been provided to suggest this claim and this is not a relevant planning consideration.

(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.

The historic development consent provides for a contribution credit for 25 pupils. Contributions will be levied on 5 additional pupils proposed under this application (i.e. total 30 students).

5. CONCLUSION

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

Attachments

1 View. DA2017 - 249.1 Playground Plans

2 View. DA2017 - 249.1 Site Plan

3 View. DA2017 - 249.1 Fire Safety Upgrade Report

4 View. DA2017 - 249.1 Access Appraisal

5 View. DA2017 - 249.1 Recommended Conditions

6 View. DA2017 - 249.1 SoEE

7 View. DA2017 - 249.1 Submission - Nicoll

AGENDA Development Assessment Panel 28/06/2017

Item: 07

Subject: DA 2017 - 287.1 Single Dwelling - Lot 1 DP 1195261 No 7 Denning Place, Port Macquarie

Report Author: Fiona Tierney

Applicant: J R & K L Cowan

Owner: J R & K L Cowan

Estimated Cost: $543,000

Parcel no: 63602

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2017- 287 for a new single dwelling at Lot 1, DP 1195261, No. 7 Denning Place, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a new single dwelling at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

Following exhibition of the application, three submissions have been received.

1. BACKGROUND

Existing sites features and Surrounding development

The site has an area of 2336.7m2.

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:

· Construction of a new two storey dwelling on each lot.

Refer to attachments at the end of this report.

Application Chronology

· 10 April 2017 - Application lodged.

· 27 April 2017 to 10 May 2017 - Neighbour notification of the proposal.

· 2 May 2017 - Site and impact to neighbouring properties inspected assessing officer.

· June 2017 - Site inspected by Council’s stormwater engineer to confirm levels and for assessment relating to concerns flooding/drainage. Additional information requested from Applicant.

· June 2017 - Additional information and amended plans 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 (Building Sustainability Index: BASIX) 2004

BASIX certificate (number 807358S) has been submitted demonstrating that the proposal will comply with the requirements of the SEPP. It is recommended that a condition be imposed to ensure that the commitments are incorporated into the development and certified at Occupation Certificate stage.

Port Macquarie-Hastings Local Environmental Plan 2011

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

· Clause 2.2, the subject site is zoned R1 General Residential. In accordance with clause 2.3(1) and the R1 zone landuse table, the proposed development for a dual occupancy (detached) is a permissible landuse with consent.

The objectives of the R1 zone are as follows:

o To provide for the housing needs of the community.

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

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

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

o The proposal is a permissible landuse;

o The development would provide for a variety of housing types and densities to meet the housing needs of the community.

· Clause 4.3, the maximum overall height of the building above ground level (existing) is 7.7m which complies with the standard height limit of 8.5m applying to the site.

· Clause 4.4, the floor space ratio of the proposal is 0.12:1 which complies with the maximum 0.65:1 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.

· 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: Dwellings, Dual occupancies, Dwelling houses, Multi dwelling houses & Ancillary development*
DCP Objective	Development Provisions	Proposed	Complies
3.2.2.3	Garage minimum 5.5m front setback and garage door recessed behind building line at least 1m or eaves/overhangs provided	L Shaped block-Located end of ROW	N/A
	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	Existing ROW	Yes
3.2.2.4	4m min. rear setback. Variation subject to site analysis and provision of private open space	Minimum 3.813m rear setback.	No*
3.2.2.5	Side setbacks: · Ground floor min. 0.9m · First floors & above min. 3m setback, unless demonstrated that adjoining property primary living areas & POS unaffected. · Building wall set in and out every 12m by 0.5m.	Minimum 1.89m first floor side setback to south east boundary. The Applicant has submitted shadow diagrams demonstrating that the development would not adversely overshadow neighbouring primary living areas and private open space for more than 3 hours on 21 June. Therefore, a minimum 0.9m first floor side setback is acceptable. Building wall articulation satisfactory.	Yes
3.2.2.6	35m² min. private open space area including a useable 4x4m min. area which has 5% max. grade and is directly accessible from a ground floor living area.	Dwelling has a minimum 35m² private open space including 4m x4m area accessible from living room.	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/verandas etc which have <3m side/rear setback and floor level height >1m	The rear alfresco area is located approx 3.8 m from the rear boundary and screen planting is present on the property to the rear. One objection has been received relating to privacy from the neighbour to the North east however closest windows are bedroom windows and a privacy screen is proposed along the western end of the alfresco area. Existing screening also exists along the fence.	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 proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area. The increase in housing density will improve natural surveillance within the locality and openings from the dwelling overlook common and private areas.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	Up to 1.65 of cut.	No*
2.3.3.2	1m max. height retaining walls along road frontages		N/A
	Any retaining wall >1.0 in height to be certified by structural engineer	Condition recommended requiring certification of retaining walls.	Yes
	Combination of retaining wall and front fence height		N/A
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	Existing.	Yes
2.5.3.3	Off-street parking in accordance with Table 2.5.1: · 1 space = single dwelling (behind building line) and dual occupancy · Medium density – 1 per 1 or 2 bed dwelling or 1.5 per 3-4 bed dwelling + 1 visitor/4 dwellings	Double garage	Yes
2.5.3.11	Section 94 contributions	Refer to main body of report.
2.5.3.14	Sealed driveway surfaces unless justified	Concrete.	Yes
2.5.3.15	Driveway grades for first 6m of ‘parking area’ shall be 5% grade (Note AS/NZS 2890.1 permits steeper grades)		Yes
2.5.3.16	Transitional grades min. 2m length	Capable of complying.	Yes

The proposal seeks to vary Development Provision 3.2.2.4 in relation to the minimum rear setback

The relevant objectives are:

· To allow adequate natural light and ventilation between dwellings/buildings and to private open space areas;

· To provide useable yard areas and open space.

The proposal is considered to be consistent with the objectives of the provision for the following reasons:

· The encroachment into the rear setback is minor (0.185m) and relates to the alfresco area. The average setback of the wall to the rear boundary exceeds 4m.

The proposal seeks to vary Development Provision 2.3.3.1 in relation to the maximum cut outside the perimeter of the development.

The relevant objectives are:

To ensure that design of any building or structure integrates with the topography of the land to:

• Minimise the extent of site disturbance caused by excessive cut and fill to the site.

• Ensure there is no damage or instability to adjoining properties caused by excavation or filling.

• Ensure that there is no adverse alteration to the drainage of adjoining properties.

• Ensure the privacy of adjoining dwellings and private open space are protected.

• Ensure that adequate stormwater drainage is provided around the perimeter of buildings and that overflow paths are provided.

The proposal is considered to be consistent with the objectives of the provision for the following reasons:

- The cut will allow the dwelling to sit lower in the site and create a more effective and efficient use of the site and installation of adequate drainage to minimise impacts on adjoining properties.

(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 southerly street frontage orientation to Denning Place. The site is the final lot in an existing subdivision and is located in the rear North Eastern corner of the site

The dwelling will present with a generally single storey elevation/ view form the street and adjoining properties in the subdivision. The proposal will be unlikely to have any significant adverse impacts to existing adjoining properties and satisfactorily addresses the public domain.

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

The proposal does not have significant adverse lighting impacts.

There are no significant adverse privacy impacts. Privacy has been adequately addressed through building design and existing site circumstances.

Overshadowing

There are limited overshadowing impacts due to the orientation of the subdivision blocks. The adjoining dwelling to the south has a floor level 1.2 m higher than that of the proposed dwelling and the elevation adjoining this boundary is single storey. Setbacks vary from 1.33m to 2.32m. Existing fencing will result in similar overshadowing to the adjoining dwelling.

Roads

The site has road frontage to Denning Place which is a public road with an AC sealed pavement, a layback kerb and gutter, under the care and control of Council.

Traffic and Transport

The traffic associated with the development is unlikely to have any adverse impacts to the existing road network within the immediate locality.

Site Frontage & Access

Vehicle access to the site is proposed though a shared ROW with direct access to Denning Place. Access shall comply with Council AUSPEC and Australian Standards, and conditions have been imposed to reflect these requirements.

Parking and Manoeuvring

A total of 4 parking spaces have been provided on-site within the garage with additional parking provided available within the driveway. Parking and driveway widths on site can comply with relevant Australian Standards (AS 2890) and conditions have been imposed to reflect these requirements.

A turning area has been provided to enable vehicles to enter and exit the site in a forward manner. Site plans show adequate area is available and conditions have been imposed to reflect these requirements.

Water Supply Connection

Council records indicate that the development site has existing service.

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

Refer to relevant conditions of consent.

Sewer Connection

Council records indicate that the development site is connected to Sewer via junction which can be adopted for use for the site. Details shall be provided as part of the Section 68 application process.

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

Stormwater

The property contains an existing public stormwater detention basin which is located within an easement for drainage located along the length of the western property boundary. This system was designed and constructed in 2001 as a means of ensuring that the prior construction and subdivision of Denning Pl did not cause any downstream issues with respect to flooding.

The proposed development is located clear of the detention basin and is not considered to negatively impact council’s ability to maintain the basin.

Conditions have been added to the development consent conditions to ensure that the proposal does not include any filling within the detention basin and that no works are undertaken that impact the capacity of the basin or function of the spillway.

Furthermore, the architectural plans submitted in support of the application indicate that the habitable floor levels (lowest habitable floor level of RL19.7m being the home office) are a minimum 1.05m above the height of the overflow weir (RL18.65) located at the downstream end of the basin, indicating that the dwelling will be flood free in the event of system blockage or exceedance of capacity.

During the exhibition period, two submissions were received from adjoining properties in Reading Street. Both of which included concerns that the proposal would cause or exacerbate stormwater flooding of their properties. The origin of this flooding is twofold:

1. Re-direction of natural surface runoff into the adjoining land as a consequence of building works, and

2. Flooding as a consequence of modifications to the existing detention basin on the site.

In regard to part 1, provided that suitable perimeter drainage is installed to capture and convey the natural flow of stormwater runoff from uphill/upstream properties/lands, the risks associated with flooding to adjoining properties resulting from the diversion of natural surface runoff can be mitigated. This has been required by way of a condition of consent.

In relation to point 2 and as noted above, the proposed dwelling is located above the top water level within the existing basin and conditions of consent have been added to the consent template requiring the following:

· That the CC design demonstrate that the proposal does not alter the capacity or performance of the existing stormwater detention basin and that the overflow weir from the detention basin is maintained and functional.

· That no filling is permitted within the existing stormwater detention basin located within the site and contained within the existing easement for drainage benefitting Council. Proposed works must not result in a reduction in capacity of this basin.

The above measures are considered suitable to ensure that the risks associated with flooding to adjoining property are addressed.

The property is currently serviced via an interallotment drainage system, with an existing point of connection to the public drainage system available within the site. Detailed stormwater plans will be required to be submitted with the with S.68 application.

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

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

Waste

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

Energy

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

Noise and vibration

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

Bushfire

The site is not identified as being bushfire prone.

Safety, security and crime prevention

The proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area. The increase in housing density will improve natural surveillance within the locality and openings from each dwelling overlook common and private areas.

Social impacts in the locality

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

Economic impact in the locality

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

Site design and internal design

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

Construction

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

Cumulative Impacts

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

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

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

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

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

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
Stormwater drainage issues through and around the site	See comments under stormwater above. The above measures are considered suitable to ensure that the risks associated with flooding to adjoining property are addressed.
Loss of privacy	Windows closest to the rear properties are bedroom windows which are considered to be the source of a significant privacy impact. The rear alfresco area is setback from the rear boundary by approx. 3.8m and a combination of privacy screens and vegetation act to adequately manage privacy impacts.
Noise	General noise associated with normal occupation of the dwelling is anticipated.
Tree removal	There is no proposal to remove any vegetation at the site.
Fence alignment	No changes are proposed to any fencing associated with this development.
Loss of sunlight	The development has been designed to minimise the loss of light to the adjoining dwelling being single storey and also cut into the site. No significant increase in loss of light than would be normally associated with a 1.8m high boundary fence.
Encroachments	The minor rear setback variation is considered to be justified in the circumstance and does not result in any significant overshadowing, privacy or bulk and scale impacts.
House not in keeping with existing	Dwelling is considered suitably in keeping with existing development.

(e) The Public Interest:

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

Nil

5. CONCLUSION

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

Attachments

1 View. DA2017 - 287.1 DA Plans

2 View. DA 2017 - 287.1 Recommended Conditions

3 View. DA2017 - 287.1 Submission - Cook

4 View. DA2017 - 287.1 Submission - Mitchell 04052017

5 View. DA2017 - 287.1 Submission - Mitchell 28042017

6 View. DA2017 - 287.1 Submission - Mundie

Member	22/03/17	12/04/17	10/05/17	24/05/17	14/06/17
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)	P	P	P	P	P

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