Agenda of Development Assessment Panel

MINUTES

Development Assessment Panel Meeting

12/07/2017

PRESENT

Members:

Paul Drake

Dan Croft

Grant Burge

Other Attendees:

Warren Wisemantel

Fiona Tierney

Ben Roberts

The meeting opened at 2:00pm.

01 ACKNOWLEDGEMENT OF COUNTRY

The Acknowledgement of Country was delivered.

02 APOLOGIES

CONSENSUS:

That the apology received from David Troemel be accepted.

03 CONFIRMATION OF MINUTES

CONSENSUS:

That the Minutes of the Development Assessment Panel Meeting held on 28 June 2017 be confirmed.

04 DISCLOSURES OF INTEREST

There were no disclosures of interest presented.

05 DA2017 - 306.1 Alterations And Additions To Dwelling - Lot 88 DP 260441, No 7 Talbingo Place Port Macquarie

Speakers:

Lisa Morel (o)

Rob Beukers (applicant)

CONSENSUS:

That DA 2017 - 306.1 for alterations and additions to dwelling at Lot 88, DP260441, No. 7 Talbingo Place 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: ‘Prior to release of the Construction Certificate, plans are to be provided to the principal certifying authority providing for windows in the proposed rumpus room with a minimum sill height of 1.5m above floor level.’

06 DA2017 - 132.1 Alterations And Additions To Veterinary Hospital - Lot 1 DP 981233, 206 Oxley Highway, Port Macquarie

Speakers:

Anne Burges (o)

David Pensini (applicant)

Derek Collins (applicant)

CONSENSUS:

That DA 2017-132.1 for alterations and additions to veterinary hospital at Lot 1, DP 981233, No. 206 Oxley Highway, Port Macquarie, be determined by granting consent subject to the recommended conditions and as amended below:

Amend condition A(2) as follows: ‘Parking for the premises is to be provided as follows:

A minimum of eight (8) parking spaces is provided onsite, comprising three (3) parking spaces at the rear of the site (behind the onsite residence) for staff and at least five (5) parking spaces at the front of the site, allocated for clients of the premises. The client spaces are to be line marked and comply with the design standards of AS2890 for parking, access and safety.’

Amend condition E(6) point a to read ‘The existing poly pipeline attached to the fence is to be relocated so it is not attached to the fence and fixed in a manner that prevents adverse noise impact.’

07 DA2017 - 282.1 Dwelling - Lot 54 DP 1226839, No 47 Summer Circuit Lake Cathie

Speakers:

Stephen Bottle (o)

James Collins (applicant)

CONSENSUS:

That DA2017 – 282.1 for a dwelling at Lot 54, DP 1226839, No. 47 Summer Circuit Lake Cathie, be determined by granting consent subject to the recommended conditions.

08 DA2017 - 284.1 Alterations And Additions To Dwelling - Lot 6 DP 862732, No 12 Elkhorn Grove, Port Macquarie

James Capner (o)

Robert Smallwood (applicant)

CONSENSUS:

That DA2017 – 284.1 for alterations and additions to dwelling at Lot 6, DP862732, No. 12 Elkhorn Grove, Port Macquarie be determined by granting consent subject to the recommended conditions and as amended below:

Amend condition E(4) to read: ‘A non-climbable screen is to be constructed between the caravan port slab and the boundary fence achieving a minimum height of 1.8m above the caravan port slab level. The screen is to extend for the full length of the caravan port slab adjacent to the boundary and is to meet the minimum privacy screen standards (in terms of transparency) outlined in State Environmental Planning Policy (exempt and complying development codes) 2008.
Amend Condition A1 to include a sentence at the end stating: ‘ This consent permits the staging of the development to enable the deck roof as stage 1 and the caravan port as stage 2. The required building certificate is only required for the Stage 2 (caravan port) construction certificate.’

09 DA2017 - 290.1 2 Lot Subdivision - Lot 85 DP 204600 No 28 Waugh St, Wauchope

Speakers:

Ian Conley (o)

Mark Grounds (applicant)

CONSENSUS:

That DA 2017 – 290.1 for a two lot subdivision at Lot 85, DP 204600, No. 28 Waugh Street, Wauchope, be determined by granting consent subject to the recommended conditions and as amended below:

Amend condition E(13) to read: ‘The existing carport on proposed Lot 2 is to be demolished prior to release of the Subdivision Certificate. The subdivision certificate is to demonstrate that a minimum of 900m setback is provided to the existing dwelling to the proposed boundary between lots 1 and 2.’

10 DA2017 - 299.1 Dual Occupancy And Torrens Title Subdivision - Lot 55 DP 807508, No.2 Hart Street, Port Macquarie

CONSENSUS:

That DA 2017 - 299 for a Dual Occupancy and Torrens Title Subdivision at Lot 55, DP 807508, No. 2 Hart Street, 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: ‘Augmentation is required Council sewer on Lot 1, DP 807508 to service the development. Owner’s consent shall be provided to the Council or Accredited Certifier with any Section 68 application and/or Construction Certificate application for subdivision works for to construct works on Lot 1, DP 807508. Where owner’s consent is not obtained, the applicant shall make arrangements with Council, as the Water Authority, to service the development for sewer at no Cost to Council.’

11 GENERAL BUSINESS

Nil.

The meeting closed at 3:33pm.

AGENDA Development Assessment Panel 26/07/2017

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 26/07/2017

Item: 05

Subject: DA2017 - 415 Alterations and Additions to Dwelling and Construction of Commercial Premises - Lot 2 DP 776806, No 5 Laurie Street, Laurieton

Report Author: Fiona Tierney

Applicant: McNeil Architects

Owner: W Lang

Estimated Cost: $500,000

Parcel no: 12032

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2017 - 415 for alterations and additions to existing dwelling and construction of commercial premises at Lot 2, DP 776806, No. 5 Laurie Street, Laurieton, be determined by granting consent subject to the recommended conditions.

Executive Summary

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

Following exhibition of the application, 11 submissions have been received.

1. BACKGROUND

Existing sites features and Surrounding development

The site has an area of 2028m².

The site is zoned B2-Local Centre in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

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

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· Demolition of the existing toilet block and shed outbuildings;

· Alterations and additions to existing dwelling

· Construction of detached garage

· Construction of commercial/retail development facing Bold St. including signage and off-street car parking.

· Staged Development

Refer to attachments at the end of this report.

Application Chronology

· 14 March- Initial meeting with Council’s Heritage advisor

· 17 May 2017 - Application lodged.

· 30 May 2017 to 13 June 2017 - Application notified to neighbours.

· 14 June 2017 to 30 June 2017 Notification period further extended.

3. STATUTORY ASSESSMENT

Section 79C(1) Matters for Consideration

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

(a) The provisions (where applicable) of:

(i) any Environmental Planning Instrument:

State Environmental Planning Policy No. 55 – Remediation of Land

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

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

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

State Environmental Planning Policy No. 64 – Advertising and Signage

The proposed development does not include proposed advertising signage- separate application will be required to be made with each first use application.

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

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

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

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

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

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

c) any adverse impacts on flora and fauna;

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

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

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

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

h) adverse cumulative impacts on the environment;

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

j) development relying on flexible zone provisions.

The site is predominately cleared and located within an area zoned for business 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 B2 Local Centre. In accordance with clause 2.3(1) and the B2 zone landuse table, the proposed development for a commercial premises is a permissible landuse with consent. In relation to the additions to the existing dwelling it is noted that single dwellings are prohibited in the B2 zone. However, ‘existing use rights’ for the purpose of a dwelling is enjoyed noting that the dwelling has been in existence prior to current planning controls.

The objectives of the B2 zone are as follows:

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

o To encourage employment opportunities in accessible locations.

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

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

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

o The proposal is a permissible landuse;

o The development would provide additional services and employment opportunities in an accessible location meet the needs of the community.

o The proposal has been designed to have regard to the geritage values on the site whilst still positively addresses the public domain.

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

· Clause 4.3, the maximum overall height of the building above ground level (existing) is 5.5m 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 0.19:1 which complies with the maximum 1.00:1 floor space ratio applying to the site.

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

· Clause 5.10 – Heritage. In the course of the design for this work being developed the applicant and owner have had several meetings with Council’s Heritage Advisor to give direction and guidance. The initial meeting was to identify the best ways in which to respectfully add to the residence to make it a viable and appropriate dwelling for contemporary times. Council’s Heritage Advisor has made the following assessment of the proposal:

‘The architect and owners adopted much of the Heritage Advisors’ advice. The development design process has been consultative. The retail component of the proposal, referred to as Stage 3, along with the Garage as Stage 2, were discussed in principle, with my advice being that the Garage should reference the Post Office building with a gabble end, anchoring the western end of the site.

The retail should be low, simple and not adopting “heritage” forms, but being low key contemporary buildings. I believe that they have achieved this, with adequate separation from the PO to the retail building, parking being concealed at the rear of

the building, and a disabled toilet being provided for all retail tenanted facilities on the site as would be required by the Building Code of Australia. It necessitated the loss of the outside closet building, which could be moved elsewhere on the site if possible.

In all, I am satisfied with the proposal and its forma and response to the heritage character of the site.

The site has, but for the hairdresser, been unoccupied and underutilized for many years. It is to the building’s and site’s advantage to be again occupied and activated.

I have reservations as to the viability of retail tenancies in this location, however my understanding is that it is a permissible use in this locality.

The proposed staging of the development reflects a pensive approach to the whole development, which is a reasonable approach. My attention goes to the current Lake

Street elevations of the property and the positive potential that activating of the street edge has in the Laurieton town centre. The proposed Garage makes direct reference to the architectural and stylistic language of the existing heritage buildings and particularly the Post Office. It has been designed following Council consultations and the finished proposal is a reflection of the advice they were given. The side elevation of the Postmaster’s residence will be shielded from Bold Street as a result of the retail development. This is a good thing for the occupants of the residence in providing privacy to their yard. It also masks the additions to the residence, even though they are completely congruent with the form and character of the building.

The retail development is simple, low scale, and well distanced from the former Post office, and is considered to be an appropriate contemporary intervention. The suspension system of awning support is different but in execution will be, I

believe, a lightweight and barely perceptible element in the development.

The colour scheme and materials selection for the retail section of the development need to be clarified. The Residence is being painted in the same colours as is at present and in weatherboard cladding to my understanding. This is an appropriate result.

My advice is that the proposal in all stages is a positive intervention into Laurieton and is respectful of the heritage buildings and responds appropriately to the form, scale and materiality of the extant buildings. The site does not contain or adjoin any known heritage items or sites of significance.’

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

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

No draft instruments apply to the site

(iii) any Development Control Plan in force:

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: General Provisions*
DCP Objective	Development Provisions	Proposed	Complies
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline: · Casual surveillance and sightlines · Land use mix and activity generators · Definition of use and ownership · Lighting · Way finding · Predictable routes and entrapment locations	The proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	Less than 1m of cut or fill proposed outside building walls.	Yes
2.3.3.8 onwards	Removal of hollow bearing trees	None proposed to be removed.	Yes
2.6.3.1	Tree removal (3m or higher with 100mm diameter trunk and 3m outside dwelling footprint		N/A
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater	Refer to main body of report.
2.5.3.2	New accesses not permitted from arterial or distributor roads. Existing accesses rationalised or removed where practical	Access from local road.	Yes
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking	Single driveway crossing of acceptable width.	Yes
2.5.3.3	Off-street parking in accordance with Table 2.5.1. (Provision to consider reduced parking where supported by parking demand study)	Table 2.5.1 1 Space per 30m2 gross leaseable floor area. The proposal includes 120m2 commercial floor area therefore 4 spaces are required. A total of 4 off-street parking spaces are proposed- one of which is accessible. Existing shop (old post office building) does not have formal parking provided but space available in existing driveway and street (status quo remains).	Yes
2.5.3.7	Parking layout in accordance with AS/NZS 2890.1 and AS/NZS 2890.2	Parking layout capable of complying. Conditions recommended requiring certification at Construction Certificate and Occupation Certificate stage.	Yes
2.5.3.7	Parking spaces generally located behind building line	Parking area located behind commercial component.	Yes
2.5.3.8	Accessible parking provided in accordance with AS/NZS 2890.1, AS/NZS 2890.2 and AS 1428	One accessible space proposed.	Yes
2.5.3.11	Section 94 contributions	Refer to main body of report.
2.5.3.12 and 2.5.3.13	Landscaping of parking areas	Perimeter landscaping of the parking area is possible with the layout. Internal tree planting not considered necessary for the scale of the parking area.	Yes
2.5.3.14	Sealed driveway surfaces unless justified	Concrete.	Yes
2.5.3.15	Driveway grades for first 6m of ‘parking area’ shall be 5% grade (Note AS/NZS 2890.1 allows for steeper grades)	Capable of complying.	Yes
2.5.3.16	Transitional grades min. 2m length	Capable of complying.	Yes
2.5.3.17	Parking areas to be designed to avoid concentrations of water runoff on the surface.		Yes
2.5.3.17	No direct discharge to K&G or swale drain		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:

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

Demolition of buildings AS 2601:

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

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

No Coastal Zone Management Plan applies to the subject site.

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

The site has a street frontage orientation to Lake Street (Commercial component) and Laurie Street (Residential component).

Adjoining the site to the north is a Telstra Facility. Adjoining the site to the east is a public swimming pool facility. Adjoining the site to the south are one and two storey dwellings on the southern side of Laurie Street. Adjoining the site to the west is Laurieton Public School.

The broader locality includes a substantial number of community uses including the swimming pool, school and movie theatre. The proposal is considered to be compatible with other residential, community and business development in the locality and adequately addresses planning controls for the area.

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

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

The proposal does not have significant adverse lighting impacts.

There are no significant adverse privacy impacts.

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

Roads

The site has road frontage to Lake Street and Laurie Street, both of which are Council-owned and maintained roads.

Lake Street is denoted as an urban collector road, with a carriageway width of approximately 11-12m within a 30m wide reserve. The site frontage (eastern side of road) is bordered by upright (SA) type kerb and gutter, while the western side has a sealed shoulder draining to a grass swale.

Laurie Street is similarly 12m wide within a 30m wide reserve, although it is classified as a commercial road to the west of the site, transitioning to a local street classification from the site and east. Both sides of Laurie Street have upright (SA) type kerb and gutter.

Within Laurie Street exists a concrete footpath. The proposal has included details of a new concrete footpath to be constructed from the intersection of Laurie and Lake Streets north along the frontage of the site and new commercial tenancies. This work is required by Council’s footpath for developments policy due to the likely intensification of pedestrians.

Traffic and Transport

The site is currently comprised of a single dwelling (the Postmaster’s House) and a small commercial tenancy (the old Post Office).

The proposal is to construct 120 square metres of new commercial floor area (two shop tenancies). Traffic generation rates for this type of use vary widely depending on a range of factors. The location would be expected to generate a lower traffic count than those that RMS have provided in the Guide to Traffic Generating Developments 2002, which are based on data from Sydney. The rate the Guide provides for slow trade retail is 10.7 peak hour vehicle trips per 100sqm GFA, or 56 daily vehicle trips per 100sqm GFA. For the development proposal this equates to a total of 13 trips during the peak hour (for retail this is likely to be Saturdays around lunch), and 67 trips daily.

The proposal also represents a 62 square metre addition in floor area for the dwelling. Because additional residents (1 new bedroom) will still reside in the same dwelling, the increase in traffic associated with this addition is considered not significant.

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

Site Frontage & Access

Vehicle access from Lake Street to the site is proposed though a new driveway shared by the residential garage and the commercial carpark. 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 new parking spaces (including one accessibility space and shared area) are proposed in connection with the new commercial floor area. Council’s Development Control Plan requires that onsite parking is to be provided at a rate of 1 per 30 square metres for general commercial or retail uses, which for 120 sqm equates to 4 spaces.

2 parking spaces have been provided on-site within a new garage for the dwelling. The DCP minimum requirement is 1 space per dwelling.

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

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

Refer to relevant conditions of consent.

Water Supply Connection

Council records indicate that the existing development site has a 20mm metered water service which requires disconnection. The proposed development shall require a 25mm metered water service with RPZ backflow protection at the boundary. Final water service sizing will need to be determined by a hydraulic consultant to suit the domestic and commercial components of the development, as well as fire service and backflow protection requirements.

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

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

Sewer Connection

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

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

Stormwater

The site naturally grades towards the east. Existing drainage arrangements are not shown in Council’s mapping system.

The legal point of discharge for the proposed development is defined as a direct connection to Council’s stormwater pit/pipeline within Laurie Street. Stormwater from the proposed development is planned to be disposed of via the existing Council kerb convertor which is consistent with that requirement.

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

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

· On site stormwater detention facilities (or onsite rainwater reuse at a rate of 2.5 cubic metres for each 1 cubic metre of detention volume required.

Refer to relevant conditions of consent.

Other Utilities

Telecommunication and electricity services are available to the site.

Other land resources

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

Water cycle

The proposed development will be unlikely to have any adverse impacts on water resources and the water cycle.

Soils

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

Air and microclimate

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

Flora and fauna

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

Waste

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

Energy

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

Noise and vibration

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.

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:

Eleven (11) 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
Appearance and inclusion of commercial aspect is incompatible with heritage building	Inclusion of a commercial aspect will assist with activating the site. It is considered that the benefits of greater activation of the site and renovation and maintenance of the existing buildings will stop the decline of the building fabric and preserve the site and buildings for future generations. The Burra Charter guide to heritage places advises that “new work may be sympathetic if it’s siting, bulk and form, scale and character, colour and texture and material are similar to the existing fabric, but imitation should be avoided.” In this regard the scale of the commercial buildings are low and simple and details of the materials and colours are to be approved by Council’s Heritage advisor prior to the issue of the construction certificate.
Photo record/essay of any works to be removed.	A condition of consent will require any works to be removed to be documented.
Shops not viable in this location	Commercial viability is not a consideration of Council and the use is permissible within the zone.
Student privacy	The school is located in a high profile site open to public spaces. Development of adjoining sites is not considered to create unreasonable additional privacy impacts.
Impact of parking, buses, drop off zone	The modest commercial development is not considered to create an unreasonable increase in additional traffic. Adequate parking has been provided on site and the road is capable of accommodating any additional traffic that may be created as a result of the development.
Impact on teacher/staff parking	Parking has been provided on the site in accordance with the DCP requirements to adequately accommodate the demands of the development.
Toilets and shed to be removed- not detailed in DA	Acknowledged and assessed as part of the application – refer to heritage comments.
Conservation incentives should be imposed Clause 5.10	The dwelling is proposed to be renovated and conserved as stage one of the proposal which achieves the objectives of this clause.
Loss of dominance of post office building on corner.	The side area is somewhat screened by the existing fence. It is considered that the activation of the site and renovations will enable greater site awareness within the community and improve the appearance and appeal of the corner.
Lack of Heritage Management Plan	A heritage impact statement has been submitted- a Heritage Management Plan is not warranted in this instance.

(e) The Public Interest:

The proposed development satisfies relevant planning controls and is unlikely to impact on the wider public interest. The site’s heritage values are considered to have been effectively taken into account on the design of the development. There are considered to be insufficient grounds to refuse the application based on heritage or public interest impacts.

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

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

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

5. CONCLUSION

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 - 415.1 Plans

2 View. DA 2017 - 415.1 Recommended Conditions

3 View. DA2017 - 415.1 Submission - Camden Haven Historical Society 16062017

4 View. DA2017 - 415.1 Submission - Camden Haven Historical Society 30062017

5 View. DA2017 - 415.1 Submission - Carroll

6 View. DA2017 - 415.1 Submission - Cumming

7 View. DA2017 - 415.1 Submission - Faulkner

8 View. DA2017 - 415.1 Submission - Jordan

9 View. DA2017 - 415.1 Submission - Laurieton Public School

10 View. DA2017 - 415.1 Submission - Pelham

11 View. DA2017 - 415.1 Submission - Port Macquarie Museum

12 View. DA2017 - 415.1 Submission - Ross

13 View. DA2017 - 415.1 Submission - Sainsbury

Member	10/05/17	24/05/17	14/06/17	28/06/17	12/07/17
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	A P	A P

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LOBBYING: