Development Assessment Panel

 

Business Paper

 

date of meeting:

 

Wednesday 11 October 2017

location:

 

Function Room

Port Macquarie-Hastings Council

17 Burrawan Street

Port Macquarie

time:

 

2:00pm

 


Development Assessment Panel

 

CHARTER

 


 

 

1.0     OBJECTIVES

 

To assist in managing Council's development assessment function by providing independent and expert determinations of development applications that fall outside of staff delegations.

 

 

2.0     KEY FUNCTIONS

 

·                To review development application reports and conditions;

·                To determine development  applications  outside  of staff delegations;

·                To  refer development  applications to  Council for  determination  where necessary;

·                To provide a forum for objectors and applicants to make submissions on applications before  the Development Assessment Panel (DAP);

·                To maintain transparency in the determination of development applications.

 

Delegated Authority of Panel

 

Pursuant to Section 377 of the Local Government Act, 1993 delegation to:

·                Determine development applications under Part 4 of the Environmental Planning and Assessment Act 1979 having regard to the relevant environmental planning instruments, development control plans and Council policies.

·                Vary, modify or release restrictions as to use and/or covenants created by Section 88B instruments under the Conveyancing Act 1919 in relation to development applications for subdivisions being considered by the panel.

·                Determine Koala Plans of Management under State Environmental Planning Policy 44 - Koala Habitat Protection associated with development applications being considered by the Panel.

 

Noting the trigger to escalate decision making to Council as highlighted in section 5.2.

 

 

3.0      MEMBERSHIP

 

3.1      Voting Members

 

·                Two independent external members. One of the independent external members to be the Chairperson.

·                Group Manager Development Assessment (alternate - Director Development & Environment or Development Assessment Planner)

 

The independent external members shall have expertise in one or more of the following areas: planning, architecture, heritage, the environment, urban design, economics, traffic and transport, law, engineering, government and public administration.

 

3.2      Non-Voting Members

 

·                Not applicable


3.3      Obligations of members

 

·                Members must act faithfully and diligently and in accordance with    this Charter.

·                Members must comply with Council's Code of Conduct.

·                Except as required to properly perform their duties, DAP members must not disclose any confidential information (as advised by Council) obtained in connection with the DAP functions.

·                Members will have read and be familiar with the documents and information provided by Council prior to attending a DAP                                              meeting.

·                Members must act in accordance with Council's Workplace Health and Safety Policies and Procedures

·                External members of the Panel are not authorised to speak to the media on behalf of Council. Council officers that are members of the Committee are bound by the existing operational delegations in relation to speaking to the media.

·                Staff members shall not vote on matters before the Panel if they have been the principle author of the development assessment report.

 

3.4      Member Tenure

 

·                The independent external members will be appointed for the term of four (4) years maximum in which the end of the tenure of these members would occur in a cascading arrangement.

 

3.5      Appointment of members

 

·                The independent external members (including the Chair) shall be appointed by the General Manager following an external Expression of Interest process.

·                Staff members of the Panel are in accordance with this Charter.

 

 

4.0     TIMETABLE OF MEETINGS

 

·                The Development Assessment Panel will generally meet on the 1st and 3rd Wednesday each month at 2.00pm at the Port Macquarie offices of Council.

·                Special Meetings of the Panel may be convened by the Director Development & Environment Services with three (3) days notice.

 

 

5.0      MEETING PRACTICES

 

5.1      Meeting Format

 

·                At all Meetings of the Panel the Chairperson shall occupy the Chair and preside. The Chair will be responsible for keeping of order at meetings.

·                Meetings shall be open to the   public.

·                The Panel will hear from applicants and objectors or their r e p r e s e n t a t i v e s .

·                Where considered necessary, the Panel will conduct site inspections which will be open to the public.

 

5.2      Decision Making

 

·                Decisions are to be made by consensus. Where consensus is not possible on any item, that item is to be referred to Council for a decision.

·                All development applications involving a proposed variation to a development standard greater than 10% under Clause 4.6 of the Local Environmental Plan will be considered by the Panel and recommendation made to the Council for a decision.

 

5.3      Quorum

 

·                All members (2 independent external members and 1 staff member) must be present at a meeting to form a quorum.

 

5.4      Chairperson and Deputy Chairperson

 

·                Independent Chair (alternate, second independent member)

 

5.5     Secretariat

 

·                The Director Development &n Environment is to be responsible for ensuring that the Panel has adequate secretariat support. The secretariat will ensure that the business paper and supporting papers are circulated at least three (3) days prior to each meeting. Minutes shall be appropriately approved and circulated to each member within three (3) weeks of a meeting being held.

·                The format of and the preparation and publishing of the Business Paper and Minutes shall be similar to the format for Ordinary Council Meetings.

 

5.6      Recording of decisions

 

·                Minutes will record decisions and how each member votes for each item before the Panel.

 

 

6.0     CONVENING OF “OUTCOME SPECIFIC” WORKING GROUPS

 

Not applicable.

 

 

7.0     CONFIDENTIALITY AND CONFLICT OF INTEREST

 

·                Members of the Panel must comply with the applicable provisions of Council’s Code of Conduct. It is the personal responsibility of members to comply with the standards in the Code of Conduct and regularly review their personal circumstances with this in mind.

·                Panel members must declare any conflict of interests at the start of each meeting or before discussion of a relevant item or topic. Details of any conflicts of interest should be appropriately minuted. Where members are deemed to have a real or perceived conflict of interest, it may be appropriate they be excused from deliberations on the issue where the conflict of interest may exist. A Panel meeting may be postponed where there is no quorum.

 

 

8.0     LOBBYING

 

·                All members and applicants are to adhere to Council’s Lobbying policy. Outside of scheduled Development Assessment Panel meetings, applicants, their representatives, Councillors, Council staff and the general public are not to lobby Panel members via meetings, telephone conversations, correspondence and the like. Adequate opportunity will be provided at Panel inspections or meetings for applicants, their representatives and the general public to make verbal submissions in relation to Business Paper items.


Development Assessment Panel

 

ATTENDANCE REGISTER

 

 

 

Member

26/07/17

09/08/17

23/08/17

13/09/17

27/09/17

Paul Drake

P

P

P

P

P

Robert Hussey

-

-

-

P

P

David Crofts

(alternate member)

-

-

-

-

-

Dan Croft

(alternates)

Matt Rogers

Patrick Galbraith-Robertson

Warren Wisemantel

P

P

P

P

 

P

 

 

P

David Troemel

(alternates)

Caroline Horan

Bevan Crofts

Grant Burge

P

P

P

 

 

 

 

P

 

 

 

 

 

 

Key: P =  Present

         A  =  Absent With Apology

         =  Absent Without Apology

 

 

 


Development Assessment Panel Meeting

Wednesday 11 October 2017

 

Items of Business

 

 

Item       Subject                                                                                                      Page

 

01           Acknowledgement of Country............................................................................ 8

02           Apologies......................................................................................................... 8

03           Confirmation of Minutes.................................................................................... 8

04           Disclosures of Interest..................................................................................... 11

05           Section 96 modification to DA2016 - 544.2 - Modification To Design Of Previous Approved Dwelling As Part Of A Dual Occupancy And Strata Subdivision - Lot 91 DP 18138, No 28 Arncliffe Avenue, Port Macquarie..................................................................... 15

06           DA2017 - 732.1 - Temporary Events (Long Point Vineyard) - Lot 33 DP 789730 No 6 Cooinda Place, Lake Cathie........................................................................................... 58

07           DA2017 - 466.1 2 Lot Subdivision at Lot 14 Sec B DP 24850, No 19 Regent Street, Port Mcquarie......................................................................................................... 91

08           DA2017 - 726.1  Dwelling - Lot 63 DP 1096722, No 8 Candlebark Court, Lakewood 117

09           DA2017 - 771.1 Dwelling, Pool And Shed - Lot 3 DP 1183709, No 371B Ocean Drive, West Haven........................................................................................................... 139  

10           General Business

 


AGENDA                                              Development Assessment Panel      11/10/2017

Item:          01

Subject:     ACKNOWLEDGEMENT OF COUNTRY

 

"I acknowledge that we are gathered on Birpai Land. I pay respect to the Birpai Elders both past and present. I also extend that respect to all other Aboriginal and Torres Strait Islander people present."

 

 

Item:          02

Subject:     APOLOGIES

 

RECOMMENDATION

That the apologies received be accepted.

 

 

Item:          03

Subject:     CONFIRMATION OF PREVIOUS MINUTES

Recommendation

That the Minutes of the Development Assessment Panel Meeting held on 27 September 2017 be confirmed.

 


MINUTES

Development Assessment Panel Meeting

                                                                                                                                  27/09/2017

 

 

 

 

PRESENT

 

Members:

Paul Drake

Robert Hussey

Dan Croft

 

Other Attendees:

Fiona Tierney

 

 

 

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 13 September 2017 be confirmed.

 

 

04      DISCLOSURES OF INTEREST

 

There were no disclosures of interest presented.

 

 

05       DA2015 - 721.2 Modification To Previously Approved Dwelling And Secondary Dwelling Lot 12 DP 1145952 No. 11 Tallow Way, Port Macqurie

CONSENSUS:

That Section 96 modification application DA 2015 – 721 for alterations to design of secondary dwelling at Lot 12, DP 1145952, No. 11 Tallow Way, Port Macquarie, be determined by granting consent subject to the modified conditions.

 

 

06       GENERAL BUSINESS

Nil.

 

 

 

The meeting closed at 2:06pm.

 

 

 

 

 


AGENDA                                              Development Assessment Panel      11/10/2017

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:  ..................................

 

 

Growth Bar b&w(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

 

 

By

[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 land iii

[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 relativeiv 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      11/10/2017

 

 

Item:          05

 

Subject:     Section 96 modification to DA2016 - 544.2 - Modification To Design Of Previous Approved Dwelling As Part Of A Dual Occupancy And Strata Subdivision - Lot 91 DP 18138, No 28 Arncliffe Avenue, Port Macquarie

Report Author: Patrick Galbraith-Robertson

 

 

 

Applicant:               PJ & JA & BP Castles CARE Collins W Collins

Owner:                    PJ & JA & BP Castles

Estimated Cost:     $267K

Parcel no:               727

Alignment with Delivery Program

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

 

 

 

 

RECOMMENDATION

That the Section 96 modification application to DA 2016 - 544 for a modification to design of previous approved dwelling and strata subdivision at Lot 91, DP 18138, No. 28 Arncliffe Avenue, Port Macquarie, be determined by granting the modified consent subject to:

1.   Amend condition A(1) to reflect the modified plans and BASIX Certificate to be approved;

2.   Amend condition B (11) to require that the plans submitted with the application for Construction Certificate include openings no greater than 25% for the 1.8m height privacy screen on the eastern elevation of the deck associated with the new second dwelling; and

3.   Add condition B(12) to ensure compliance with AS 2890.  Condition worded as follows:

                   B(12) The design of the carpark and accesses is to be in accordance with Australian Standard 2890. The access driveway shall be a minimum of 3m wide and located a minimum of 300mm clear of proposed Strata boundary.  Certification of the design by a suitably qualified consultant is to be provided to the Principal Certifying Authority prior to release of the Construction Certificate.

 

 

Executive Summary

 

This report considers an application to modify the design of a previous approved dwelling as part of a dual occupancy and strata subdivision 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.

 

This modification application has been amended during the assessment process following completion of the neighbour notification period.

 

 

 

 

1.       BACKGROUND

 

Existing sites features and Surrounding development

 

The site has an area of 647.3m2.

 

The site is zoned R1 general residential (at the time of the original application being approved) 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 (source: nearmap August 2017):

 

 

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the modification proposal (as amended) include the following:

 

·    Changes to the design of the second dwelling at the rear of the subject site including a signification reduction in building height.

·    The reduction in building height includes a reduction in building height from approximately 7.9m to 6.77m from existing ground level at the highest point of the building and a change from 3 storeys to 2 storeys.

·    Access arrangements to the second dwelling remains the same.

·    Reduction in bedroom numbers in the second new dwelling from 4 to 3 bedrooms.

 

Amended plans have been received from the Applicant during the assessment of this modification application including a reduction in all floor level heights by 300mm and removal of deck landing on eastern side of dwelling.

 

Elevation Plan and Perspectives extracts of the current approved plans are shown below:

 

 

 

 

 

 

 

 

Refer to attachments at the end of this report which include the modified elevations and site plans, and a copy of the current consent conditions and plans.

 

Application Chronology

 

·    22 August 2016 – Original second dwelling and strata subdivision approved

·    16 June 2017 – Modification application lodged with Council

·    3 to 17 July 2017 – Neighbour notification of application

·    20 July 2017 – Plan changes requested from Applicant.

·    9 August 2017 – Amended plans received from Applicant

·    21 August 2017 – Assessment concerns raised with Applicant to address including responding to issues raised in submission

·    18 September 2017 – Amended plans received from Applicant with a reduction in all floor level heights by 300mm and removal of deck landing on eastern side of dwelling

 

 

 

3.       STATUTORY ASSESSMENT

 

Is the proposal substantially the same?

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

 

The subject application is being considered under the provisions of Section 96(2).

 

The Applicant has submitted that the proposal is substantially the same development for the following reasons:

 

-      The proposed redesign of the dwelling has been kept within the perimeters of the previous approved plans. A reduced plan has a reduced impact compared to the previous approval.

 

The proposed use, overall built form and ‘essence’ of the development is considered to remain substantially the same.

 

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

 

N/A

 

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

 

Neighbour notification has been undertaken in accordance with DCP 2013.

 

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

 

(a) The provisions (where applicable) of:

 

(i) any Environmental Planning Instrument:

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

A new BASIX certificate has been submitted for the modified dwelling demonstrating that the proposal will comply with the requirements of the SEPP. There is a condition already imposed to ensure that the commitments are incorporated into the development and certified at Occupation Certificate stage.

 

Port Macquarie-Hastings Local Environmental Plan 2011 (only reconsidering modification changes)

 

·     Clause 4.3, the maximum overall height of the modified building (as amended) above ground level (existing) is 6.77 m which complies with the standard height limit of 8.5m applying to the site. The current approved new building has a building height of approximately 7.9m

·     Clause 4.4, the floor space ratio (FSR) of the proposal is 0.39:1.0 which complies with the maximum 0.65:1 floor space ratio applying to the site. The current approved new building has a FSR of approximately 0.38:1.

 

(iii)    any Development Control Plan in force:

 

Port Macquarie-Hastings Development Control Plan 2013 (only reconsidering modification changes)

 

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

Water tank is appropriately located

Yes

3.2.2.4

4m min. rear setback. Variation subject to site analysis and provision of private open space

The approved minimum rear setback of 1.0m has been maintained with the modified proposal albeit with a different house design and reduced building height. The variation to the rear setback has been previously justified and approved.

There are no main living room windows in the southern elevation.

Yes

3.2.2.5

Side setbacks:

Ground floor = min. 0.9m

First floors & above = min. 3m setback or where it can be demonstrated that overshadowing not adverse = 0.9m min.

Building wall set in and out every 12m by 0.5m

The minimum side setback requirements on the eastern and western sides of the site relating to the modified dwelling design are complied with.

 

Yes

3.2.2.6

35m2 min. private open space area including a useable 4x4m min. area which has 5% max. grade

Subject modified dwelling has >35m² open space in one area including a useable 4m x 4m area.

Yes

3.2.2.10

Privacy:

Direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings. ie. 1.8m fence or privacy screening which has 25% max. openings and is permanently fixed

Privacy screen required if floor level > 1m height, window side/rear setback (other than bedroom) is less than 3m and sill height less than 1.5m

Privacy screens provided to balconies/verandahs etc which have <3m side/rear setback and floor level height >1m

No 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.

Refer diagram in the Submissions section of this report also showing an image overlay to demonstrate that 9m of separation is complied with (note full privacy screen along east side of the deck also).

There are 1.8m high privacy screens proposed along the full length of the eastern elevation of the modified deck on the northern side of the modified dwelling. An amended condition is recommended to require the 1.8m height privacy screen to have a minimum 25% transparency. The current condition relates to a different deck area.

No additional privacy screens are recommended.

 

Yes

 

DCP 2013: General Provisions

 

Requirements

Proposed

Complies

2.7.2.2

Design addresses generic principles of Crime Prevention Through Environmental Design guideline

No concealment or entrapment areas proposed. Adequate casual surveillance available.

Yes

2.3.3.1

Cut and fill 1.0m max. 1m outside the perimeter of the external building walls

Cut and fill <1.0m change 1m outside the perimeter of the external building walls

Yes

2.5.3.12 and 2.5.3.13

Parking areas to be designed to avoid concentrations of water runoff on the surface.

Stormwater drainage is capable of being managed as part of plumbing construction.

Yes

 

 

 

 

(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

No adverse environmental impacts, particularly having regard to likely privacy and overshadowing impacts, can be identified to neighbouring properties with the modified proposal.

 

Driveway Access

Modified plans propose a 1.8m high timber fence along the driveway access handle between along adjacent to the the existing and proposed dwellings Strata boundary.  Where driveways and circulating roadways are adjacent to structures greater than 150mm high (i.e. boundary fence), a 300mm clearance adjacent to structure is required (AS 2890.1, Clause 2.5.2).  A condition has been added to ensure compliance with this requirement.

 

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 modified development.

 

(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

Privacy impacts with the property being two storeys high and overlooking and depriving owner of No. 26 Arncliffe Avenue their privacy of back garden.

It is considered that the modified proposal (as amended) will not result in privacy impacts to the subject neighbouring property. Only a bedroom window is on the eastern elevation and the deck has a full length 1.8m height privacy screen.

The dwelling will look directly into the rear of the house to the east (No. 26 Arncliffe Avenue) which comprises of a bedroom, dining area, balcony and entertaining area.

The proposal has now been amended to reduce the floor level of the deck and internal floor area by 300mm and modify the landing and privacy screen along the eastern elevation.

The eastern elevation is single storey and the only window relates to a bedroom in this elevation. The privacy screen on the deck is 1.8m in height. The distance between the new deck of the proposed modified dwelling and the subject neighbouring eastern dwelling is shown below in a diagram. The distance is compliant with Council’s Development Control Plan 2013 – standard Privacy Development Provisions.

The bushland view at present from the rear of the house to the east (No. 26 Arncliffe Avenue) will be significantly lost. I will be looking directly into the proposed dwelling.

Having regard to the accepted planning principles for assessing view sharing, the bushland views referred to are not considered to be iconic. Further investigations/assessment of any view sharing impacts are considered unwarranted.

It is also noted that the height of the building is well below 

The two storey dwelling will deprive the sunlight to the garden of the house to the east (No. 26 Arncliffe Avenue).

Given the orientation of the properties sunlight, particularly in mid-winter, no adverse overshadowing impacts to the subject eastern neighbour can be identified.

A single storey dwelling house would be more suitable.

The modified proposal is compliant with the maximum building height limits. The eastern elevation of the proposal which will be visible from the concerned neighbour to the east at no. 26 Arncliffe Avenue will be effectively single storey.

The proposal will have a detrimental impact upon the Koala Corridor of the area.

No removal of known koala food trees are proposed and the site is not subject to a Koala Plan of Management or any other known restrictions. The site is zoned for residential purposes.

IMAGE OVERLAY SHOWING RELATIONSHIP WITH EASTERN NEIGHBOUR

 

 

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.

 

There is a reduction of 1 bedroom in the new second dwelling to 3 bedrooms instead of 4 bedrooms as originally approved. A new Notice of Payment will be required to be issued for the modified development – noting that the strata lot proposed is also less than 450m2 in land area.

 

5.       CONCLUSION

 

The application has been assessed in accordance with Section 96 and 79C of the Environmental Planning and Assessment Act 1979.

 

Issues raised during assessment and public exhibition of the application have been considered in the assessment of the application.

 

The site remains suitable for the proposed modified 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 modified application be approved.

 

 

Attachments

 

1View. DA2016 - 544.2 - Amended Plans

2View. DA2016 - 544.2 Engineeing Plans

3View. DA2016 - 544.1 Stamped Approved Plan

4View. DA2016 - 544.1 Consent Approval - 28 Arncliffe Avenue Port Macquarie

5View. DA2016 - 544.2 Submission - Collings

 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


 


 


 


 


 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


 


 


 


 


 


 


 


 


 


 


 


 


 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


 


 


 


 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


 


 


 


 


 


 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


AGENDA                                              Development Assessment Panel      11/10/2017

 

 

Item:          06

 

Subject:     DA2017 - 732.1 - Temporary Events (Long Point Vineyard) - Lot 33 DP 789730 No 6 Cooinda Place, Lake Cathie

Report Author: Patrick Galbraith-Robertson

 

 

 

Applicant:               M A Leitch

Owner:                    S C Chung

Estimated Cost:     NIL

Parcel no:               12587

Alignment with Delivery Program

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

 

 

 

 

RECOMMENDATION

That DA 2017 - 732 for Temporary Events (Long Point Vineyard) at Lot 33, DP 789730, No. 6 Cooinda Place, Lake Cathie, be determined by granting consent subject to the recommended conditions.

 

 

Executive Summary

 

This report considers a Development Application (DA) for Temporary Events 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, four (4) submissions have been received.

 

The application has been amended during the assessment of the DA to reduce the maximum client capacity from 400 to 300 people.

 

1.       BACKGROUND

 

Existing sites features and Surrounding development

 

The site has an area of 5.38 hectares.

 

The site is occupied by an established Vineyard.

 

The site has frontage to Cooinda Place and Long Point Drive, Lake Cathie.

 

There are existing properties nearby occupied by dwelling-houses.

 

The site is zoned R5 Large Lot 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

 

The Applicant has advised that key aspects of the proposal include the following:

 

·    Long Point Vineyard would like to host 2-3 events per year within the grounds of the winery, for the next 5 years. These would involve some musical entertainment, catering and potentially some marquees with merchandise. The events are designed to showcase the vineyard as a destination for locals and also attract tourists to the area.

 

·   The vineyard sells high quality wines and local condiments, and is also an art gallery. The events will therefore suit the relaxed and classy feel of the vineyard (ie. modern folk, duets, solo artists, jazz and no dance parties or ‘heavy’ bands).

 

·    Most of the events would take place on existing decking, with some use of the grass below the decking, potentially the field to the right and carpark. Marquees will be hired and typically secured with sandbags rather than pegs. Catering companies may bring their own catering vehicles onsite for the duration of the event. The Vineyard’s own wines and local craft beer will be sold on the day.

 

·    Portable toilets will be brought in for events and the current outdoor toilets will be reserved for disabled and staff use only.

(a)           

·    Parking will occur in the paddocks on either side of the driveway, just past the section of growing vines.

(b)           

·    Buses will also be employed for the events and people will be strongly recommended to catch the buses in all promotions.

 

·    Staff will be employed for security and parking, as well as general running of the event.

(c)           

·    Biodegradable products will be used wherever possible (ie. cups, plates, cutlery) and arrange special collection of rubbish with JR Richardson and recycling following events.

(d)           

·    The first event proposed to hold is a solo gig by modern folk singer Josh Pyke. This event will attract between 200-300 attendees, is pre-ticketed and will run between 4pm – 7pm on Saturday 4 November. Whilst the music will be amplified, as a solo gig the Applicant has advised that there will not be as much noise as would be usual for a band.

 

The capacity of the event numbers has been amended during the assessment of the application to be reduced from 400 attendees to 300 attendees (capped customers).

 

Refer to attachments at the end of this report.

 

Application Chronology

 

·    21 August 2017 – DA lodged with Council

·    31 August till 22 September 2017 – Neighbour notification (including extended notification period)

·    13 to 19 September 2017 – Additional information requested from Applicant

·    19 September 2017 – Application amended to reduced maximum attendee capacity from 400 to 300 attendees.

 

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)(i) Any environmental planning instrument

State Environmental Planning Policy No. 44 - Koala Habitat Protection

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

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

State Environmental Planning Policy No.55 – Remediation of Land

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

 

 

State Environmental Planning Policy (Miscellaneous Consent Provisions) 2007

 

The following provisions of this SEPP are considered as follows in relation to the proposed temporary structures:

 

Requirement

Proposed

Complies

cl11 (1)  Development comprising the erection of a temporary structure may be carried out only with development consent, except as otherwise provided by any other environmental planning instrument that specifies that development as exempt or complying development.

The subject DA has been lodged for the temporary events which includes temporary structures including marquees and toilets.

Yes

cl12 Before granting consent to the erection of a temporary structure, the consent authority must consider the following matters:

(a)  whether the number of persons who may use the structure at any one time should be limited,

The total area of the marquees proposed is approximately 100m2. The size of these structures is considered to not warrant any restrictions to occupation of this space only by attendees. It is noted under the SEPP (Exempt and Complying Development Codes) 2008 that two exits be provided for marquees up to 100m2 in size. A condition is recommended to reflect the requirements for standard exits to be available from the tent areas is they are to be enclosed.

N/A

(b)  any adverse impact on persons in the vicinity of any noise likely to be caused by the proposed erection or use of the structure and any proposed measures for limiting the impact,

The nearest dwellings to the proposed location for the band area to set up is approximately 125m to 150m to the north and south. Given the nature of the bands to play at the venue, distance to sensitive receivers and hours of the events only between up until 8pm or daylight hours only on Saturdays, no adverse impacts can be identified. A precautionary condition is recommended however to restrict the noise from amplified equipment to not lead to generation of ‘offensive noise’ under the Protection of Environment Operations Act 1997

Yes

(c)  whether the hours during which the structure is used should be limited,

The proposed hours of the events are only up until 8pm or daylight hours on Saturdays. A condition is recommended to reinforce this restriction to be complied with.

Yes

(d)  any parking or traffic impacts likely to be caused by the erection of the structure or its proposed use,

Refer to comments later in this report including specific recommendations for no parking permitted along the entrance driveway and the check in point for attendees arrival to be sited a minimum of 100m along the driveway to reduce the potential for vehicles queuing back into Cooinda Place and Long Point Drive.

Yes – refer comments later in report

(e)  the principles for minimising crime risk set out in Part B of the Crime Prevention Guidelines,

No adverse crime risk potential identified particularly given the proposed event hours of operation and noting that use will be on private property. 

Yes

(f)  whether the proposed location of the structure is satisfactory in terms of the following:

(i)  the proposed distance of the structure from public roads and property boundaries,

(ii)  the location of underground or overhead utilities,

(iii)  vehicular and pedestrian access,

The location of the structures including the temporary marques and toilets are well set away from the property boundaries and suitably sited.

Yes

(g)  whether it is necessary to provide toilets and washbasins in association with the use of the structure,

Portable amenities are to be installed for attendees use specifically for the events.

Yes

(h)  whether the structure is proposed to be erected on land that comprises, or on which there is:

(i)  an item of environmental heritage that is listed on the State Heritage Register, or that is subject to an interim heritage order, under the Heritage Act 1977, or

(ii)  a place, building, work, tree, relic or Aboriginal object that is described as an item of environmental heritage or as a heritage item in another environmental planning instrument, or

(iii)  land identified as a heritage conservation area, an archaeological site or a place of Aboriginal heritage significance in another environmental planning instrument,

N/A

N/A

(i)  the duration for which the structure should be permitted to remain on the land concerned,

The structures are minor and will be removed after the event concludes within an appropriate timeframe.

Yes

(j)  whether any conditions should be imposed on the granting of consent in relation to the dismantling or removal of the structure in view of any safety issues.

There are no safety issues identified particularly given that the proposal is on private land and not public land where timing of removal maybe more important in the public interest of other users of land.

N/A

 

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 R5 large lot residential. The proposal is for temporary events only associated with the existing vineyard on the site. Clause 2.8 specifically deals with permissibility considerations for temporary events.

 

·          Clause 2.8, the following provisions are considered as follows for the ‘temporary use of land’:

 

Requirement

Proposed

Complies

(1)  The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

The subject DA has been lodged for the temporary events which includes temporary structures including marquees and toilets.

Yes

(2)  Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

In response to the neighbour concerns raised, it is recommended that a trial 12 months only be permitted. The Applicant can reapply for more temporary events after this time if it can be proven that the event is well run and no issues of non-compliance with conditions of consent can be identified.

Yes – note condition  recommended to amend proposal

(3)  Development consent must not be granted unless the consent authority is satisfied that:

(a)  the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and

The temporary use will not prejudice the subsequent carrying out of any other development on the land. The site is an existing established vineyard.

Yes

(b)  the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

It is considered that subject to compliance with conditions, the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood.

Yes

(c)  the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

The temporary events and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land. A Bushfire Evacuation Plan is recommended to be prepared.

Yes

(d)  at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

It is considered that no condition is required to address any restoration as the proposal is on a private property. It is however recommended to tidy up any gravel that gets carried onto the roadway in Cooinda Place

Yes

 

·     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, on-site sewage management and temporary sewer amenities, and suitable road access to service the development.

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

No draft instruments apply to the site.

(a)(iii) Any DCP in force

Port Macquarie-Hastings Development Control Plan 2013:

There are no specific development provisions in this DCP requiring consideration for a temporary event.

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

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

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

N/A

(a)(v) Any Coastal Zone Management Plan

·     No Coastal Zone Management Plan applies to the subject site.

 

 

 

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

Context and Setting

Subject to compliance with the recommended conditions of consent, the proposal will be unlikely to have any adverse impacts to existing neighbouring properties.

The proposal is considered to satisfactorily address the temporary event planning controls.

 

Roads, Traffic and Access

The site has road frontage to Cooinda Place and Long Point Drive, both Council-owned and maintained public roads. Both roads are classified as Rural Residential roads and have a sealed width of approximately 6m within 20m wide road reserves. The roads are bordered by open swales (table drains) and parking within the road reserves is to be discouraged to minimise public amenity impacts.

There is sufficient grass area within the confines of the site (approximately 1.5 acres) to cater for onsite parking for 150-200 vehicles (noting the buses will be offered to transport people to the site). At an assumed occupancy rate of at least 2 people per vehicle, this equates to no greater than 300 attendees. Including children, the occupancy rate is expected to exceed 2 people per car.

In terms of traffic trips, if 80% of guests are assumed to arrive and depart in peak 1 hour periods, the traffic volumes would average 160 vehicles per hour or 3 vehicles per minute. In reality due to the extended afternoon timing of the event, peak hourly traffic volumes are anticipated to be lower than this. Safety of existing road geometry has been considered in light of the temporary use (maximum of 3 events per year for 12 months – as recommended to be conditioned). The main point of concern is the blind crest halfway along Long Point Drive. Having regard to the likelihood that vehicles will mainly be travelling inwards to the site or outwards at any given time (as the event is beginning and finishing) and given the above low volume of vehicles each minute, the proposed temporary traffic increases are not considered to unduly increase the risk of collision of vehicles. Short sight distances influence drivers to adjust their speed to suit the conditions.

Submissions have raised concern that the existing 80 km/h speed limit along Long Point Drive is unsafe. Setting of speed limits on public roads involves consideration of many factors, and the AUSTROADS Guide to Road Design provides guidance on this. In this situation, most of the road from Houston Mitchell Drive to the site on Cooinda Place has sufficient sight distance and curve geometry for safe travel at 80 km/h. The few locations where this is not the case (such as the north-south blind crest) are suitably visible from a distance to enable drivers to reduce their speeds to match the conditions. In these circumstances, given Long Point Drive is relatively short and driver attention is high, AUSTROADS advises that the posted speed limit should closely match the speed at which almost all drivers travel. For Long Point Drive this speed is closer to 80 km/h rather than 60 km/h so a speed zone change is not recommended. As stated above the low traffic volumes (approx. 3 per minute, travelling in the same direction) do not present a significant risk of collision between two vehicles.

The proposed increase in traffic also presents a negligible impact on the life of public road pavements due to the infrequent use (by considering the AUSTROADS pavement design model).

The existing site driveway is approximately 5.5 to 6.0m wide which comprises the absolute minimum width required under AS 2890 for two-way flow. Given the traffic volumes are likely to exceed 30 trips per hour, AS 2890 recommends that provision for two-way flow should be required. The driveway will therefore need to be kept clear of parked vehicles.

Prior to occurrence of the second event permitted under this DA, the property driveway is to be upgraded to meet Council’s AUS-SPEC Standard Drawing ASD 214 with two-coat bitumen seal and a minimum width of 6m (for two-way flow), from the road edge to a point 6m inside the private property. Details are to be approved under a Roads Act (s138) application to Council prior to construction. This is to minimise gravel tracked onto the public road, wearing of the edge of bitumen, and to ensure vehicles can freely pass each other in each direction entering and exiting the site.

Refer to relevant conditions of consent.

 

Water Supply Connection

No change is proposed to existing private water supply arrangements to the site.

 

Sewer Services

Portable toilets will be brought in for events and the current outdoor toilets will be reserved for disabled and staff use only.

 

Stormwater

The site straddles a hill spur and a gully which slope down towards the west and north, draining to two separate catchments. The western portion of the site drains westwards, while the remaining portion of site drains northwards. No new impervious areas are proposed but care must be taken by the proprietor to ensure that surface disturbance as a result of the temporary structures and car parking do not result in turbid (dirty) runoff from site. Due to the short duration of each event, if managed appropriately, the risk of such release is considered low.

 

Other Utilities

Telecommunication and electricity services are available to the site, although due to the infrequent use, most of the power demand for the temporary amenities is likely to be provided by on-site generators rather than augmenting the existing private electricity service.

 

Heritage

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

 

Water cycle

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

 

Soils

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

 

Noise, Air and microclimate

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

 

The hours of operation are recommended to be time limited to that proposed to be no later than 8pm or daylight hours whichever is the lesser and a standard precautionary condition for prevent of ‘offensive noise’ as defined under the Protection of Environment Operations Act 1997.

 

Flora and fauna

The proposed temporary 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 5AA of the Act is considered to be satisfied.

 

Waste

The Applicant proposes to use biodegradable products wherever possible (ie. cups, plates, cutlery) and arrange special collection of rubbish and recycling with JR Richards and Sons following events. No adverse impacts anticipated.

 

Energy

No adverse impacts anticipated.

 

Bushfire

The site is identified as being partly prone to bushfire risk due to existing vegetation to the north and east of the subject property.

There is the potential risk that if all festival attendees were required to evacuate within a short time, the local road network would not have sufficient capacity to quickly and safely facilitate that evacuation, and only one egress point is available via Long Point Drive. The event organiser shall implement a Bushfire Emergency Management Plan in consultation with the local RFS brigade to ensure that in the event of bushfire conditions, risk to life and property of attendees is mitigated. There are a number of options available to achieve this.

 

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 Applicant has advised that security staff will be employed for the duration of the events.

 

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 temporary development will attract tourists and locals to the Vineyard and will likely result in flow on effects such as expenditure in the area.

 

Site design and internal design

The proposed temporary development satisfactorily responds to the site attributes. No adverse impacts likely.

 

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. The proposal is time limited in nature to no more than 3 events in a 12 month period from the date of the consent being issued. Any future applications will need to revisit whether the events were successfully managed.

 

Food health

A standard condition is recommended for all temporary food stalls to be registered with the NSW Food Authority and have obtained an approval to operate under Council’s Mobile Food Vending Vehicles and Temporary Food Stalls in a Public Place Policy.  The stalls shall be constructed/operated in accordance with the NSW Food Authority’s document titled “Food handling guidelines for temporary events”.

(c) The suitability of the site for the development

Subject to compliance with the recommended conditions, the temporary proposal will fit into the locality and the site attributes are conducive to the proposed development.

Site constraints for the temporary events have been adequately addressed and appropriate conditions of consent recommended including limiting the events to only a 12 month period in difference to 5 years as requested.

 

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

 

Four (4) 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

Object to new opening hours from 12 noon to 8pm compared to the current 10am to 5pm opening hours. The later opening hours will impinge on the meal time and quiet recreation time of neighbours within the locality which is in a residential zone. Recent information suggest the event will be from 3.30pm to 7.30pm.

The application details the following:

 

 The events would typically be daytime, or between 12noon – 8pm.

 

 The first event we wish to hold is a solo gig by modern folk singer Josh Pyke. This event will attract between 200-400 attendees (now amended to 300 attendees only), is pre-ticketed and will run between 4pm – 7pm on Saturday 4th November.

 

The proposal is recommended to be conditioned to be restricted that events conclude at 8pm or daylight hours whichever is the lesser and the Applicant has reduced their attendee capacity to 300.

With up to 400 guests, 20 staff and children under 8 free the proposal will be an invasion into the quiet neighbourhood within a rural residential zoning.

The proposal has now been amended to allow for 300 attendees only.

The proposal is able to be considered under NSW Planning Law and is considered as one off events in a restricted manner to be unlikely to result in impacts in the locality to warrant refusal of the Development Application.

The proposal is not permissible or consistent with the zone objectives.

The proposal is out of character with the surrounding area and will result in a loss of privacy. The proposal would be better placed in a commercial precinct with purpose built facilities rather than a quiet and private rural residential facility.

Question what deliveries will occur with accommodating for such large volumes of people.

It is assumed that deliveries will occur prior to the events of temporary food stalls, marquee structures and toilets.

The road access is limited to one way traffic and there are large road culverts.

Refer to comments earlier in this report addressing traffic and parking.

Specific conditions are recommended to address parking and traffic management.

There is a blind steep hill either way which creates a potential traffic hazard.

Parking has not been considered properly including where buses will be available and are not compulsory. The area for parking spaces has been overlooked.

The proposal will be visually and audibly prominent within the existing landscape.

It is noted that the event will sited on the rear half of the vineyard property with the nearest dwellings to the north and south to the music area at approximately 125-150m from the site. The music for the events only will be audible no later than 8pm as proposed.

With the vehicles entering the vineyard and loose gravel on roadsides it is inevitable on hot dry days that there is capacity for dust and car fumes to be present and the noise will be offensive.

It is noted that there will be an increase in vehicles travelling to the events. Based upon the proposed hours of the event and the location of the existing driveway access there likely be impacts which will not be of a sufficient magnitude to recommend refusal to the Development Application.

The proposal may affect wildlife including koalas with potential for more animals to killed due to an increase in vehicular traffic.

No adverse impacts can be identified to warrant refusal of the application on these grounds or recommend any specific mitigation measures.

The proposal will pose a risk to local horse riders, residents walking and local road users.

The local road network including Long Point Drive has capacity to handle increased traffic for this temporary event. No additional condition restrictions can be recommended to reduce the risk potential raised for usage of an existing public road. Refer to other comments earlier in this report in the traffic and parking section of this report.

The proposal does not have access to town water and sewer services and only one dam available. Portable toilets are being the only option for paying guests is unsuitable.

  It is assumed that the Applicant will offer water and other beverages for the timeframes of the temporary events.

The Applicant proposes to bring in portable toilets for the events and use current outdoor toilets reserved for disabled and staff use only.

The tickets for this venue were on sale prior to neighbour notification of the DA.

This is out of Council’s control as to what the proponent wishes to do. The DA proposal has been publicly notified in accordance with Council Policy and if the development is not approved the event will not be permitted to go ahead.

The proposal is hopefully a one off as the DA details are very light and the context impacts have been overlooked.

A condition is recommended to only permit 3 events in a 12 month period only in difference to the proposed 5 years period. This will give some ability for any issues of the operational aspects of the development to be reviewed if the Applicant chooses to reapply for further temporary events.

Object to the 5 year duration of temporary events and the duration should be reduced to a lesser period and/or a first trial event.

Street lighting is non-existent.

Noted that street lighting is not available. The approval is recommended to be conditioned that events only occur during day light times.

Concern with the speed limits on the local roads within the locality. Request that the speed limit be reduced from 80 kilometres per hour to 60 kilometres per hour.

Speed limits within the locality are unable to be reviewed as part of a Development Application process. Refer to other comments earlier in this report in the traffic and parking section of this report.

There is a supporting artist to Josh Pyke for the event Harrison Storm. This has not been disclosed.

Council can only assess what has been submitted. The proposal is for up to 3 events in 12 months and typically be daytime, or between 12noon – 8pm.

Should children be calculated in the total number of overall people counted the clientele restrictions.

A condition is recommended to restrict the total number of clientele to 300 people only including children. This is to be managed by the proponent.

The vineyard is a hobby type vineyard which doesn’t impact greatly on the area and should remain that way.

The proposal is for temporary events in a restricted manner up to 3 times a year. The Applicant proposes to conduct this for 5 years however it is recommended that this be restricted to a 12 month period only from the date of the development consent being issued.

Any potential impacts on land values is not a matter for consideration in the assessment of a Development Application.

Object to the proposal resulting in any devaluation of land values in the area and the area being turned into a social meeting area for organisations and regular concerts.

There has been no written or verbal communication from the winery itself regarding the proposal to neighbours. The letter from Council does not give sufficient information regarding the proposal and outline what is proposed.

The DA proposal has been publicly notified in accordance with Council Policy and if the development is not approved the event will not be permitted to go ahead.

All information has been made publicly available during the neighbour notification period online on Council’s website and in hard copy at Council’s Port Macquarie Offices.

The site could be affected by bushfire risk with Long Point Vineyard backing on to a national park and there being only one access road in and out of the estate there is a risk. Evacuation of the extra 400 people and their cars would be extremely dangerous.

The site is identified as being subject to potential bushfire risk.

A condition is recommended to require the Applicant to have a Bushfire Evacuation Plan in place for an emergency.

Concern with the impacts of rubbish and bottles left on the road side.

Management of rubbish will be the proponent’s responsibility to manage.

(e)     The Public Interest:

 

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

 

4.       DEVELOPMENT CONTRIBUTIONS APPLICABLE

 

No contributions applicable due to temporary nature of the proposal.

 

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

 

1View. DA2017 - 732.1 Drafted Site Plan for Long Point Events

2View. DA2017 - 732.1 SOEE

3View. DA2017 - 732.1 Supporting Information

4View. DA2017 - 732.1 Recommended Conditions

5View. DA2017 - 732.1 Submission - Easson

6View. DA2017 - 732.1 Submission - Easson 22092017

7View. DA2017 - 732.1 Submission - James

8View. DA2017 - 732.1 Submission  - Smith

9View. DA2017 - 732.1 Submission - Wood

 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


 


 


 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


 


 


 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


 


AGENDA                                              Development Assessment Panel      11/10/2017

 

 

Item:          07

 

Subject:     DA2017 - 466.1 2 Lot Subdivision at Lot 14 Sec B DP 24850, No 19 Regent Street, Port Mcquarie

Report Author: Chris Gardiner

 

 

 

Applicant:               Land Dynamics Australia

Owner:                    A Hayek

Estimated Cost:     $27,000

Parcel no:               20892

Alignment with Delivery Program

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

 

 

 

 

RECOMMENDATION

That DA 2017 – 466.1 for a 2 lot subdivision at Lot 14, Sec B, DP 24850, No. 19 Regent Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

 

 

Executive Summary

 

This report considers a development application for a 2 lot subdivision 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 958.6m2.

 

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:

 

http://pmhq-v-gtx01.pmhc.nsw.gov.au/Geocortex/Essentials/GXE471/REST/TempFiles/EBP%20Layout.jpg?guid=88ed5771-e4e8-4f0d-8d14-91014a86d4d3&contentType=image%2Fjpeg

 

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

 

http://pmhq-v-gtx01.pmhc.nsw.gov.au/Geocortex/Essentials/GXE471/REST/TempFiles/EBP%20Layout.jpg?guid=b8fb1fac-c152-4acd-8c12-70267d3a5865&contentType=image%2Fjpeg

 

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the proposal include the following:

 

·    2 lot residential subdivision including associated tree removal and infrastructure works.

 

Refer to attachments at the end of this report.

 

Application Chronology

 

·    31 May 2017 – Application lodged.

·    19 June 2017 to 3 July 2017 – Neighbour notification of the application.

·    11 July 2017 – Additional information requested from Applicant.

·    28 July 2017 – Site inspected by assessing officer.

·    28 July 2017 – Further additional information requested from Applicant.

·    17 August 2017 – Additional information provided by Applicant.

·    21 August 2017 – Further additional information provided by Applicant.

·    28 September 2017 – Amendments to stormwater modelling requested.

·    28 September 2017 – Amended stormwater model provided by Applicant.

 

3.       STATUTORY ASSESSMENT

 

Section 79C(1) Matters for Consideration

 

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

 

(a)     The provisions (where applicable) of:

(i)      any Environmental Planning Instrument:

 

State Environmental Planning Policy No. 55 – Remediation of Land

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

 

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

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

 

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

 

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

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

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

c)   any adverse impacts on flora and fauna;

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

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

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

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

h)   adverse cumulative impacts on the environment;

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

j)    development relying on flexible zone provisions.

 

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

 

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.

The objectives of the R1 zone are as follows:

To provide for the housing needs of the community.

To provide for a variety of housing types and densities.

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:

The proposal is a permissible landuse;

The development would provide an additional lot suitable for a variety of dwelling types and densities.

 

·    Clause 4.1, the lot sizes within the proposed subdivision range from 451.7m2 to 498.8m2. All proposed lots comply with the minimum lot sizes identified in the Lot Size Map relating to the site.

·    Clause 5.5 - Development within the coastal zone - relevant objectives of this clause are addressed by SEPP 71 section (see above) Climate Change & Coastal Hazard implications are not applicable to the proposal.

·    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: Chapter 3.6 - Subdivision

DCP Objective

Development Provisions

Proposed

Complies

3.6.3.1

A site analysis is required for all development and shall illustrate:

·  microclimate;

·  lot dimensions;

·  north point;

·  existing contours and levels to AHD;

·  flood affected areas;

·  overland flow patterns, drainage and services;

·  any contaminated soils or filled areas, or areas of unstable land;

·  easements and/or connections for drainage and utility services;

·  identification of any existing trees and other significant vegetation;

·  any existing buildings and other structures, including their setback distances;

·  heritage and archaeological features;

·  fences;

·  existing and proposed road network, including connectivity and access for all adjoining land parcels;

·  pedestrian and vehicle access;

·  views to and from the site;

·  overshadowing by neighbouring structures; and

·  any other notable features or characteristics of the site.

Satisfactory site analysis submitted.

Yes

3.6.3.2

Torrens title lots minimum width of 15m when measured at a distance of 5.5m from front property boundary.

24.9m wide.

Yes

Minimum width of 7m when boundaries are extended to kerb line.

Width greater than 7m.

Yes

Minimum depth of 25m.

18.1m deep.

No*

3.6.3.4

Lots are to be designed to allow the construction of a dwelling, which does not involve more than 1m cut, or fill, measured from natural ground level, outside the dwellings external walls.

Proposed Lot 2 could accommodate a future dwelling with approximately 750mm of cut and fill.

Yes

Lot sizes increased for sloping sites in accordance with Table 3.6.1.

Lot sizes and dimensions satisfactory for slope category A.

Yes

Additional information provided for slope categories in accordance with Table 3.6.2.

Details of retaining walls included on plans.

Yes

3.6.3.6

Kerb and guttering, associated street drainage, pavement construction and foot paving across the

street frontages should be constructed as part of the subdivision works where these do not exist (may be varied subject to criteria in this clause)

Conditions recommended requiring relevant frontage works.

Yes

3.6.3.20

Water supply to meet Council’s design specifications.

See comments later in this report under Water Supply Connection.

Yes

3.6.3.21

All lots connected to reclaimed water if available.

See comments later in this report under Water Supply Connection.

Yes

3.6.3.24

Separate sewer junction provided for each lot.

See comments later in this report under Sewer Connection

Yes

3.6.3.27

Erosion and sediment control plan to be provided.

Condition recommended confirming this requirement.

Yes

3.6.3.34

All service infrastructure should be underground unless otherwise approved by Council.

Condition recommended confirming satisfactory arrangements certification for electricity and telecommunications services.

Yes

All service infrastructure should be installed in a common trench.

Conduits for the main technology network system should be provided in all streets.

Conduits are to be installed in accordance with the National Broadband Network Company Limited’s

Guidelines for Fibre to the Premises Underground Deployment’.

Access pits are to be installed at appropriate intervals along all streets.

 

 

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

Proposed additional lot would increase housing density in the locality and provided for further passive surveillance of the street and public open space.

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 and fill proposed.

Yes

2.3.3.2

1m max. height retaining walls along road frontages

None proposed.

Yes

Any retaining wall >1.0 in height to be certified by structural engineer

None proposed.

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

The proposal involves removal of a number of existing trees and shrubs forming the garden of the existing dwelling. A single eucalypt adjacent to the western boundary is proposed to be retained and the Applicant has demonstrated that a suitable TPZ could be maintained with the construction of a future dwelling on the site. The other trees to be removed are not considered to be of significance.

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 to local road proposed.

Yes

2.5.3.11

Section 94 contributions

Refer to main body of report.

 

 

The proposal seeks to vary Development Provision 3.6.3.2 relating to the minimum required depth for new lots created by subdivision.

 

The relevant objectives are:

·    To provide a variety of lot sizes to suit a variety of dwelling and household types;

·    To ensure that the lot layout plan reflects the site’s opportunities and constraints.

 

Having regard for the development provisions and relevant objectives, the variation is considered acceptable for the following reasons:

·    The lot provides a considerable 24.9m width to offset the reduced depth of the lot.

·    The lot would provide a 17.3m x 9.6m building envelope for a future dwelling that is free of constraints and complies with the DCP setback controls. It is considered that an appropriate form of future development could be accommodated within this envelope.

 

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

 

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

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

 

iv)     any matters prescribed by the Regulations:

 

No matters prescribed by the regulations 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 easterly street frontage orientation to Regent Street, and a southerly frontage to an un-named, partially formed road.

 

Adjoining the site to the north is multi dwelling housing comprising four 2 storey dwellings.

 

Adjoining the site to the east are dwellings (across Regent Street).

 

Adjoining the site to the south is a dwelling and a public reserve.

 

Adjoining the site to the west is a dwelling.

 

The proposal will be unlikely to have any adverse impacts to existing adjoining properties.

 

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

 

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

 

The proposal does not have significant adverse lighting impacts.

 

There are no significant adverse privacy impacts. Privacy could be adequately addressed in the design of any future dwelling on proposed Lot 2.

 

There is no adverse overshadowing impacts. The proposed subdivision layout would allow for construction of a future dwelling that would preserve 3 hours of sunlight to private open space and primary living areas of adjoining properties on 21 June.

 

Roads

The site has road frontage to Regent Street and an unnamed road reserve with a partial extension of the public road formation (a road stub). Both reserves are owned and maintained by Council. Regent Street is a sealed road with ‘Local Street’ classification under AUS-SPEC and a formation width of approximately 9.5m.

 

Both roads have upright (SA) type kerb and gutter. There is no existing concrete footpath within the vicinity of the site, and none is required for subdivisions less than 3 lots with reference to Council’s policies.

 

Traffic and Transport

The site is currently likely to generate 7-9 trips per day on average, as a stand-alone residential dwelling. This development proposal would generate an additional 7-9 daily trips once a residential dwelling is constructed. The additional 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 existing dwelling will remain.

 

A condition of consent is recommended requiring extension of the road stub to provide direct road frontage to proposed Lot 2, to allow a driveway crossing to be constructed in future at right angles to the road, and also not impeding possible future extension of the road by Council or nearby developments. However, a new driveway for Lot 2 will not need to be constructed at this time as the configuration of future housing on the site is unknown. As part of the works, the existing carport will need to be served by a new concrete driveway to meet Council’s standards.

 

Access shall comply with Council AUSPEC and Australian Standards, and conditions have been imposed to reflect these requirements.

 

Parking and Manoeuvring

Adequate area exists on both proposed lots to enable adequate parking provision and manoeuvring, subject to future complying development or DA approval.

 

Water Supply Connection

Council records indicate that the development site currently has an existing 20mm metered water service from the existing 100mm AC water main on the same side of Regent Street.

 

Council’s existing 100mm water main on Regent Street must be extended west along the road stub to a point within the eastern boundary of proposed Lot 2. Details are to be provided on the engineering plans.

 

The water and sewer reticulation strategy plan provided (project 5168) is not acceptable for Water and Sewer Section purposes.

 

Sewer Connection

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

 

Prior to release of the Construction Certificate, the proponent must engage Council to camera survey the existing asbestos cement sewer main (at the proponents cost) to determine whether it is in an acceptable condition. If Council determines that it is deficient, the proponent is required to replace it with PVC pipe.

 

Council’s sewer infrastructure must be extended to provide each proposed lot with an individual connection to sewer. The development is not permitted to extend a sewer line from existing sewer manhole PM09P265MH given the number of connections currently going into the manhole. The position of the new sewer manhole must be in an acceptable location determined by Council.

 

A separate sewer connection to Councils main is required for each Torrens Title lot.

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

 

Refer to relevant conditions of consent.

 

Stormwater

The site naturally grades towards the north-west rear of the site and is currently serviced via an existing inter-allotment and road drainage system (owned by Council) which drains the road stub uphill from and to the south of the site.  Council AUSPEC standards require easements over Council stormwater drainage.  Prior to subdivision certificate, proof of the existence of a 6m wide easement for stormwater drainage over the western boundary of the site for the provision of Council drainage (piped and overland flow).  If the easement does not exist, creation is to be provided in conjunction with the subdivision certificate.  Relevant conditions have been provided.

 

The legal point of discharge for the proposed development is defined as a direct connection for both proposed lots to Council’s inter-allotment and road stormwater pipeline (by provision of an additional inter-allotment side line). A detailed site stormwater management plan will be required to be submitted for assessment with the Section 68 application and prior to the issue of a Construction Certificate.

 

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

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

·    The site is within a gully which drains a catchment of approximately 2.7 ha in area. A basic stormwater model has indicated that existing overland flows through the site during the 1 in 100 year event will not impact buildings above RL 33.5m (Australian Height Datum). In the absence of more detailed data a minimum envelope to allow for overland flows of 6m width is recommended, having regard to existing surface contours. Building floor levels will also need to achieve the minimum floor level above. A future hydraulic analysis may demonstrate that these requirements can be reduced.

 

Refer to relevant conditions of consent.

 

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

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

The road stub extension providing access to proposed Lot 2 will not include a turning facility capable of accommodating a garbage collection vehicle, and this lot will be required to have garbage collected from Regent Street. A condition is recommended requiring registration of a Section 88B instrument to this effect.

 

Standard precautionary site management condition also recommended for construction activities.

 

Energy

The proposed lot layout would allow for construction of a future energy efficient dwelling.

 

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.

 

Natural Hazards

See comments earlier in this report regarding potential stormwater inundation of the land. No other natural hazards identified that would affect the proposal.

 

Cumulative Impacts

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Submission Issue/Summary

Planning Comment/Response

Impacts of construction noise on lifestyle and ability to run home business.

A condition is recommended restricting construction to standard hours. Construction impacts are of a temporary nature and it is not considered reasonable to impose further restrictions in this regard.

Loss of privacy to 3/17 Regent Street.

The proposal is for subdivision of land only and does not involve construction of any dwellings. Privacy could be adequately maintained through building design and fencing for any new dwelling constructed on Lot 2 in the future.

Loss of leafy outlook from 3/17 Regent Street.

The current outlook from 3/17 Regent Street towards the public reserve to the south is obtained across the side boundary of the subject site.

 

The proposal is for subdivision of land only and does not involve construction of any buildings that would obstruct the existing outlook. However, it would be expected that a dwelling will be constructed on proposed Lot 2 in the future.

 

Given that the outlook is across a side boundary of residential land, it could not be reasonably expected that the land remains undeveloped and the current outlook be preserved.

Loss of sunlight to living areas of 3/17 Regent Street.

The proposal is for subdivision of land only and does not involve construction of any buildings that would affect solar access to adjoining property. However, it would be expected that a dwelling will be constructed on proposed Lot 2 in the future.

 

Given that the subject site is located to the south of 3/17 Regent Street, any future dwelling constructed on proposed Lot 2 would not reduce solar access to the main private open space area or living room windows of the existing dwelling between 9.00am and 3.00pm on 21 June.

Loss of property value.

This is not a relevant matter for consideration in the assessment of the application.

(e)     The Public Interest:

 

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

 

 

4.       DEVELOPMENT CONTRIBUTIONS APPLICABLE

 

·    Development contributions will be required 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

 

1View. DA2017 - 466.1 Amended Services Plan

2View. DA2017 - 466.1 Amended Subdivision Plan

3View. DA2017 - 466.1 Recommended Conditions.

4View. DA2017 - 466.1 Submission - Riddle

 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


 


 


 


 


 


 


 


 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


AGENDA                                              Development Assessment Panel      11/10/2017

 

 

Item:          08

 

Subject:     DA2017 - 726.1  Dwelling - Lot 63 DP 1096722, No 8 Candlebark Court, Lakewood

Report Author: Anthony Crane

 

 

 

Applicant:               R R Holland

Owner:                    P H Latta

Estimated Cost:     $228,000

Parcel no:               49018

Alignment with Delivery Program

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

 

 

 

 

RECOMMENDATION

That DA 2017 - 726.1 for a dwelling at Lot 63, DP 1096722, No. 8 Candlebark Court, Lakewood be determined by granting consent subject to the recommended conditions.

 

 

Executive Summary

 

This report considers a development application for a part 2 storey dwelling with garage under 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 (3) submissions have been received.

 

 

1.       BACKGROUND

 

Existing sites features and Surrounding development

 

The site has an area of 1315m2

 

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:

 

http://pmhq-v-gtx01.pmhc.nsw.gov.au/Geocortex/Essentials/GXE471/REST/TempFiles/EBP%20Layout.jpg?guid=b5d436ef-8d52-4321-bb5e-97de46c78156&contentType=image%2Fjpeg

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

 

http://pmhq-v-gtx01.pmhc.nsw.gov.au/Geocortex/Essentials/GXE471/REST/TempFiles/EBP%20Layout.jpg?guid=1041eac3-36e0-465e-8040-184a64a83091&contentType=image%2Fjpeg

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the proposal include the following:

 

 

·    Proposed part 2 storey dwelling on sloping site with garage under.

·    The site has a fair degree of fall and is accessed by a right of way serving 2 other properties.

 

Refer to attachments at the end of this report.

 

Application Chronology

 

·    Application lodged 18/08/2017

·    Submission received from owners of 7 Candlebark Court 12/09/2017

·    Submission received from owners of 5 Candlebark Court 13/09/2017

·    Submission received from owner of 6 Candlebark Court 15/09/2017

·    Notification expiry 17/09/2017

·    Site inspection 18/09/2017

 

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 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 (Building Sustainability Index: BASIX) 2004

A BASIX certificate 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.

State Environmental Planning Policy (Infrastructure) 2007

N/A

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 dwelling (or ancillary structure to a dwelling) is a permissible landuse with consent.

The objectives of the R1 zone are as follows:

o   To provide for the housing needs of the community.

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

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

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

·        Clause 4.3, the maximum overall height of the building above ground level (existing) is 6.2 m which complies with the standard height limit of 8.5 m applying to the site.

·        Clause 4.4, the floor space ratio of the proposal is 0.11:1 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 7.1, the site is not mapped as potentially containing acid sulphate soils.

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

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

 

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

 

No draft instruments apply to the site.

 

(iii)    any Development Control Plan in force:

 

Port Macquarie-Hastings Development Control Plan 2013

DCP 2013: Dwellings, Dual occupancies, Dwelling houses, Multi dwelling houses & Ancillary development

 

Requirements

Proposed

Complies

3.2.2.1

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

Water tank is appropriately located

 

Yes

3.2.2.2

Articulation zone:

Min. 3m front setback

An entry feature or portico

A balcony, deck, patio, pergola, terrace or verandah

A window box treatment

A bay window or similar feature

An awning or other feature over a window

A sun shading feature

No elements within the articulation zone.

 

 

N/A

Front setback (Residential not R5 zone):

Min. 6.0m classified road

Min. 4.5m local road

Min. 3.0m secondary road

Min. 2.0m Laneway

Front building line setback is compliant with the minimum 4.5m front setback requirements.

Yes

3.2.2.3

Garage 5.5m min. and 1m behind front façade.

Garage door recessed behind building line or eaves/overhangs provided

Garage door setback is compliant with the minimum front setback requirements.

Garage door recessed.

Yes

 

 

6m max. width of garage door/s and 50% max. width of building

Width of garage door/s are compliant with the maximum width requirements

Yes

Driveway crossover 1/3 max. of site frontage and max. 5.0m width

Driveway crossing/s width are compliant with the maximum width requirements

Yes

3.2.2.4

4m min. rear setback. Variation subject to site analysis and provision of private open space

The rear setback requirements are complied with.

Yes

3.2.2.5

Side setbacks:

Ground floor = min. 0.9m

First floors & above = min. 3m setback or where it can be demonstrated that overshadowing not adverse = 0.9m min.

Building wall set in and out every 12m by 0.5m

The minimum side setback requirements are complied with.

The building wall articulation is compliant and/or satisfactory to address the objective intent of the development provision.

Yes

3.2.2.6

35m2 min. private open space area including a useable 4x4m min. area which has 5% max. grade

The dwelling contains >35m² open space in one area including a useable 4m x 4m space/<5% grade

Yes

3.2.2.7

Front fences:

If solid 1.2m max height and front setback 1.0m  with landscaping

3x3m min. splay for corner sites

Fences >1.2m to be 1.8m max. height for 50% or 6.0m max. length of street frontage with 25% openings

0.9x0.9m splays adjoining driveway entrances

No fences proposed

 

N/A

3.2.2.8

Front fences and walls to have complimentary materials to context

No chain wire, solid timber, masonry or solid steel front fences

N/A

 

3.2.2.10

Privacy:

Direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings. ie. 1.8m fence or privacy screening which has 25% max. openings and is permanently fixed

Privacy screen required if floor level > 1m height, window side/rear setback (other than bedroom) is less than 3m and sill height less than 1.5m

Privacy screens provided to balconies/verandahs etc which have <3m side/rear setback and floor level height >1m

No direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings.

No privacy screens are recommended.

 

Yes

3.2.2.11

Roof terraces

N/A

 

3.2.2.13 onwards

Jetties and boat ramps

N/A

 

 

DCP 2013: General Provisions

 

Requirements

Proposed

Complies

2.7.2.2

Design addresses generic principles of Crime Prevention Through Environmental Design guideline

No concealment or entrapment areas proposed. Adequate casual surveillance available.

Yes

2.3.3.1

Cut and fill 1.0m max. 1m outside the perimeter of the external building walls

Cut and fill <1.0m change 1m outside the perimeter of the external building walls

Yes

2.3.3.2

1m max. height retaining walls along road frontage

None proposed

N/A

Any retaining wall >1.0 in height to be certified by structure engineer

No retaining wall likely >1m

 

Yes

Combination of retaining wall and front fence height max 1.8m, max length 6.0m or 30% of frontage, fence component 25% transparent, and splay at corners and adjacent to driveway

No retaining wall front fence combination proposed.

N/A

2.3.3.8

Removal of hollow bearing trees

No trees proposed to be removed

N/A

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 proposed to be removed

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

No new access proposed to arterial or distribution road.

N/A

Driveway crossing/s minimal in number and width including maximising street parking

Driveway crossing minimal in width including maximising street parking

Yes

2.5.3.3

Parking in accordance with Table 2.5.1.

1 space per single dwelling (behind building line)

1 parking space behind the building line has been provided for.

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

Single dwelling only with 1 domestic driveway. No specific landscaping requirements recommended.

N/A

2.5.3.14

Sealed driveway surfaces unless justified

Sealed driveway proposed

Yes

2.5.3.15 and 2.5.3.16

Driveway grades first 6m or ‘parking area’ shall be 5% grade with transitions of 2m length

Proposed development will use existing crossover and shared driveway.

Yes

2.5.3.17

Parking areas to be designed to avoid concentrations of water runoff on the surface.

Single dwelling only with 1 domestic driveway. Stormwater drainage is capable of being managed as part of plumbing construction.

Yes

 

The proposal does not seek to vary any Development Provisions.

 

(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:

 

None applicable

 

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 are no adverse impacts on existing view sharing.

•        There are no adverse privacy impacts.

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

 

Access, transport and traffic

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

 

Water Supply

Service available – details required with S.68 application.

 

Sewer

Service available – details required with S.68 application.

 

Stormwater

Stormwater proposed to drain to Council’s piped stormwater network in Candlebark Court. Servicing details required as part of Local Government Act (s68) application and Road Act (s138) application.

 

Other Utilities

Telecommunication and electricity services are available to the site.

 

Heritage

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

 

Other land resources

No adverse impacts anticipated. The site is within an established urban context and will not sterilise any significant mineral or agricultural resource.

 

Water cycle

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

 

Soils

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.

 

Energy

The proposal includes measures to address energy efficiency and will be required to comply with the requirements of BASIX.

 

Noise and vibration

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

 

Bushfire

The site is identified as being bushfire prone.

 

The Applicant has submitted a bushfire risk assessment. An assessment of bushfire risk having regard to section 4.3.5 of Planning for Bushfire Protection 2006 including vegetation classification and slope concludes that a Bushfire Attack Level 19 shall be required.

 

Management of bushfire risk is acceptable subject to BAL construction levels being implemented and APZ being maintained. An appropriate condition is recommended.

 

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

 

Site design and internal design

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

 

Construction

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

 

Cumulative impacts

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

 

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

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

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

 

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

 

Following exhibition in accordance with DCP 2013, 3 submissions have been received.

 

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

 

Submission Issue/Summary

Planning Comment/Response

Submission #1 - Proposed dwelling extremely small & has a look of cheapness with 3 different types of external cladding. Out of character with surrounding dwellings.

Proposed dwelling complies with LEP, DCP & BCA requirements.

Not in accordance with restrictions on the use of land within the 88b instrument.

Council Development Controls override 88b instrument.

No location of retaining walls or drainage shown on drawings.

Retaining wall & drainage shown on site plan.

Amount of water flow from North Brother Mountain may cause flooding to property

Consent conditions to be imposed to provide sufficient drainage.

Cost of construction seems particularly low which may mean building won’t be completed or have internal fit out.

Building cost appears to be reasonable. No requirement to complete building within specified period.

Submission #2 - Not in accordance with restrictions on the use of land within the 88b instrument.

Council Development Controls override 88b instrument.

Proposed cost of works does not appear to allow for retaining walls & drainage

Consent conditions to be imposed to provide sufficient retaining and drainage.

Submission #3 – Proposed dwelling will affect view and eliminate ‘water glimpses’

Views across side boundaries not guaranteed.

Location of dwelling on lower part of block will cause privacy issues.

Proposed dwelling will be located forward of objector’s dwelling therefore no privacy issues anticipated.

Not in accordance with restrictions on the use of land within the 88b instrument.

Council Development Controls override 88b instrument.

Insufficient allowance for drainage & possible sediment control issues

Consent conditions to be imposed to provide sufficient retaining & drainage.

(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 not 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 not 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

 

1View. DA2017 - 726.1 Plans

2View. DA2017 - 726.1 DA Recommended Conditions

3View. DA2017 - 726.1 Submission - Cahill

4View. DA2017 - 726.1 Submission - Mooney

5View. DA2017 - 726.1  Submission - Spillane

 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


 


 


 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


 


 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


AGENDA                                              Development Assessment Panel      11/10/2017

 

 

Item:          09

 

Subject:     DA2017 - 771.1 Dwelling, Pool And Shed - Lot 3 DP 1183709, No 371B Ocean Drive, West Haven

Report Author: Anthony Crane

 

 

 

Applicant:               R M & M Sleaman

Owner:                    R M & M Sleaman

Estimated Cost:     $340,000

Parcel no:               63022

Alignment with Delivery Program

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

 

 

 

 

RECOMMENDATION

That DA 2017 – 771.1 for a dwelling, pool and shed at Lot 3 DP1183709 No. 371B Ocean Drive, West Haven be determined by granting consent subject to the recommended conditions.

 

 

Executive Summary

 

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

 

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

 

 

1.       BACKGROUND

 

Existing sites features and surrounding development

 

The site has an area of 1761m2.

 

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:

 

http://pmhq-v-gtx01.pmhc.nsw.gov.au/Geocortex/Essentials/GXE471/REST/TempFiles/EBP%20Layout.jpg?guid=72f86d15-6c3c-4600-aec7-72b89e59f896&contentType=image%2Fjpeg

 

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

 

http://pmhq-v-gtx01.pmhc.nsw.gov.au/Geocortex/Essentials/GXE471/REST/TempFiles/EBP%20Layout.jpg?guid=ace09a5a-e622-4592-9a6f-52d9c392883d&contentType=image%2Fjpeg

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the proposal include the following:

 

 

·    Construction of two storey dwelling, detached garage, separate detached carport and swimming pool on a battleaxe block with property backing onto Queens Lake.

 

Refer to attachments at the end of this report.

 

Application Chronology

 

·    Application lodged 31/08/2017

·    Adjoining land owners notified of proposal 07/09/2017

·    Submission received 25/09/2017 evening (via e-mail)

·    Notification expiry 26/09/2017

·    Site inspection 26/09/2017

·    Meet objector’s father on site 04/10/2017

 

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 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 (Building Sustainability Index: BASIX) 2004

A BASIX certificate 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.

State Environmental Planning Policy (Infrastructure) 2007

Clause 100 of the SEPP refers to certain development on a classified road. In this case, there is no work proposed on the classified road.

The subject property does have direct frontage to the Ocean Drive, a classified road, and is a battle-axe block.

The development does not trigger any of the traffic generating development thresholds of Clause 104. Referral to the RMS is not required.

Based on the above, the proposed development addresses relevant clauses in the SEPP and is unlikely to create any conflict in terms of traffic or noise.

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 dwelling (or ancillary structure to a dwelling) is a permissible landuse with consent.

The objectives of the R1 zone are as follows:

To provide for the housing needs of the community.

To provide for a variety of housing types and densities.

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

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

·    Clause 4.3, the maximum overall height of the building above ground level (existing) is 7.886 m which complies with the standard height limit of 8.5 m applying to the site.

·    Clause 4.4, the floor space ratio of the proposal is 0.27:1.0 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 7.1, the site is not mapped as potentially containing acid sulphate soils.

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

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

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

The proposal incorporates measures to minimise & manage the flood risk to life and property associated with the use of land;

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

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

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

 

(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

Water tank is appropriately located

The shed complies with the GFA and height controls and is not located in the front setback.

Yes

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

 

Front setback (Residential not R5 zone):

Min. 6.0m classified road

Min. 4.5m local road

Min. 3.0m secondary road

Min. 2.0m Laneway

N/A

 

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 – battle-axe block

 

 

 

6m max. width of garage door/s and 50% max. width of building

Width of garage door/s are compliant with the maximum width requirements

Yes

Driveway crossover 1/3 max. of site frontage and max. 5.0m width

Driveway crossing/s width are compliant with the maximum width requirements

Yes

3.2.2.4

4m min. rear setback. Variation subject to site analysis and provision of private open space

The rear setback requirements are complied with.

Yes

3.2.2.5

Side setbacks:

Ground floor = min. 0.9m

First floors & above = min. 3m setback or where it can be demonstrated that overshadowing not adverse = 0.9m min.

Building wall set in and out every 12m by 0.5m

The minimum side setback requirements are complied with.

The building wall articulation is compliant and/or satisfactory to address the objective intent of the development provision.

Yes

3.2.2.6

35m2 min. private open space area including a useable 4x4m min. area which has 5% max. grade

The dwelling contains 35m² open space in one area including a useable 4m x 4m space & <5% fall

Yes

3.2.2.7

Front fences:

If solid 1.2m max height and front setback 1.0m  with landscaping

3x3m min. splay for corner sites

Fences >1.2m to be 1.8m max. height for 50% or 6.0m max. length of street frontage with 25% openings

0.9x0.9m splays adjoining driveway entrances

No fences proposed

 

N/A

3.2.2.8

Front fences and walls to have complimentary materials to context

No chain wire, solid timber, masonry or solid steel front fences

N/A

 

3.2.2.10

Privacy:

Direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings. ie. 1.8m fence or privacy screening which has 25% max. openings and is permanently fixed

Privacy screen required if floor level > 1m height, window side/rear setback (other than bedroom) is less than 3m and sill height less than 1.5m

Privacy screens provided to balconies/verandahs etc which have <3m side/rear setback and floor level height >1m

No direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings.

No privacy screens are recommended.

 

The development will not compromise privacy in the area due to a combination of lack of windows on side/rear boundaries, having high sill windows that face side/rear boundaries, limiting living areas that face adjoining living areas/open space, compliant separation and use of screening/fencing.

Yes

3.2.2.11

Roof terraces

N/A

 

3.2.2.13 onwards

Jetties and boat ramps

N/A

 

 

DCP 2013: General Provisions

 

Requirements

Proposed

Complies

2.7.2.2

Design addresses generic principles of Crime Prevention Through Environmental Design guideline

No concealment or entrapment areas proposed. Adequate casual surveillance available.

Yes

2.3.3.1

Cut and fill 1.0m max. 1m outside the perimeter of the external building walls

Cut and fill <1.0m change 1m outside the perimeter of the external building walls

Yes

2.3.3.2

1m max. height retaining walls along road frontage

None proposed

N/A

Any retaining wall >1.0 in height to be certified by structure engineer

No retaining wall likely >1m

 

Yes

Combination of retaining wall and front fence height max 1.8m, max length 6.0m or 30% of frontage, fence component 25% transparent, and splay at corners and adjacent to driveway

No retaining wall front fence combination proposed.

N/A

2.3.3.8

Removal of hollow bearing trees

No trees proposed to be removed

N/A

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 proposed to be removed

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

No new access proposed to arterial or distribution road.

N/A

Driveway crossing/s minimal in number and width including maximising street parking

Driveway crossing existing

Yes

2.5.3.3

Parking in accordance with Table 2.5.1.

1 space per single dwelling (behind building line)

1 or capacity for more than 1 parking space behind the building line has been provided for.

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

Single dwelling only with 1 domestic driveway. No specific landscaping requirements recommended.

N/A

2.5.3.14

Sealed driveway surfaces unless justified

Sealed driveway existing

Yes

2.5.3.15 and 2.5.3.16

Driveway grades first 6m or ‘parking area’ shall be 5% grade with transitions of 2m length

Driveway grades capable of satisfying Council standard driveway crossover requirements. Condition recommended for section 138 Roads Act permit

Yes

2.5.3.17

Parking areas to be designed to avoid concentrations of water runoff on the surface.

Single dwelling only with 1 domestic driveway. Stormwater drainage is capable of being managed as part of plumbing construction.

Yes

 

The proposal does not seek to vary any Development Provisions.

 

(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:

 

None applicable

 

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 are no adverse impacts on existing view sharing.

•     There are no adverse privacy impacts.

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

 

Access, transport and traffic

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

 

Water Supply

Service available – details required with Local Government Act (s68) application.

 

Sewer

Service available – details required with Local Government Act (s68) application.

 

An existing old 150mm Vitrified Clay (VC) sewer main traverses the site.  The development proposes to build over this VC sewer main.  In instances where structures are proposed over VC mains, Council requires replacement of existing mains with PVC.  Conditions of consent have been imposed requiring replacement of this sewer main.  Details are to be provided as part of a Construction Certificate and s68 application.

 

Stormwater

Service available – details required with Local Government Act (s68) application.

 

The site is burdened by a 3m inter-allotment drainage easement for the full length of the eastern boundary.  Proposed plans show a carport to be located within this easement.  Structures are to be clear of the easements. Conditions of consent have been imposed requiring plans to be amended so that the carport is clear of existing easements.  Details are to be provided as part of a Construction Certificate and s68 application.

 

Other Utilities

Telecommunication and electricity services are available to the site.

 

Heritage

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

 

Other land resources

No adverse impacts anticipated. The site is within an established urban context and will not sterilise any significant mineral or agricultural resource.

 

Water cycle

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

 

Soils

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.

 

Energy

The proposal includes measures to address energy efficiency and will be required to comply with the requirements of BASIX.

 

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

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

 

Site design and internal design

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

 

Construction

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

Cumulative impacts

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

 

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

 

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

 

Site constraints of bushfire risk/flooding have been adequately addressed and appropriate conditions of consent recommended

 

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

 

Following exhibition in accordance with DCP 2013, one (1) submission has been received.

 

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

 

Submission Issue/Summary

Planning Comment/Response

Application form states single storey dwelling

Number of storeys not mentioned on application form

Significant height of dwelling at 7.886m high will adversely affect amenity, privacy, comfort of objector’s property and impede outlook.

Proposed dwelling is under LEP height limit of 8.5m. Objector’s dwelling is 2 storey and will have view over proposed dwelling from 1st floor.

Height & orientation of proposal will present large flat surface that will radiate heat & sunlight into living area & main bedroom of objector’s dwelling.

Objection not validated by supporting     evidence. Vegetation on objector’s rear boundary will screen proposed dwelling.

Large roof area & hardstand surfaces will retain & radiate heat & glare during summer. Dwelling will block cooling breezes from lake.

Roof & hardstand areas not likely to radiate heat to objector’s property. Generous side setbacks of proposed dwelling will allow passage of breezes from lake. Condition to be applied requiring dark/non reflective roof colour.

Proposed 2 storey dwelling not in keeping with character of suburb.

Several 2 storey dwellings in close proximity to subject property including objector’s own dwelling.

Location of large windows & lack of landscaping or screening could adversely affect privacy.

Elevation facing objector’s property is single storey with 1 bedroom and 1 study window which will be lower than objector’s ground floor.

Proposed carport’s proximity to fence will create heat, light & diminished breeze & affect visual amenity.

Single storey carport has 1.5m setback to objector’s boundary and will be below objector’s ground floor.

Objectives of Cl.2.3.3.1 of DCP not met. Objector cannot calculate amount of cut/fill proposed.

Sufficient information provided with application to determine degree of cut/fill. Objectives of Cl. 2.3.3.1 met.

Detailed site analysis not provided as per Cl.3.2.2.4 d) of DCP meaning application does not consider amenity of neighbours regarding light, visuals heating, cooling & privacy. Design of bulky, 2 storey dwelling not in character with suburb

Detailed site analysis not considered necessary. Sufficient information provided to properly assess proposal.

Dwelling not overly bulky and not out of character with surrounding development.

 

(e)     The Public Interest:

 

The proposed development will be in the wider public interest with provision of appropriate additional housing.

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

 

 

4.       DEVELOPMENT CONTRIBUTIONS APPLICABLE

 

·    Development contributions will not 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 not 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

 

1View. DA2017 - 771.1 Plans

2View. DA2017 - 771.1 Recommended Conditions.

3View. DA2017 - 771.1 Submission - Bani-Ardalan

 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


 


 


 


 


 


 


 


 


 


 


  ATTACHMENT

Development Assessment Panel

11/10/2017

 


 


 


 


 


 


  ATTACHMENT

Development Assessment Panel

11/10/2017