Development Assessment Panel

 

Business Paper

 

date of meeting:

 

Wednesday 13 December 2017

location:

 

Committee 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

27/09/17

11/10/17

25/10/17

08/11/17

22/11/17

Paul Drake

P

P

P

P

P

Robert Hussey

P

P

P

P

P

David Crofts

(alternate member)

-

 

-

 

 

Dan Croft

(Group Manager Development Assessment)

Clinton Tink

(Acting GM Development Assessment

(alternates)

- Director Development & Environment

- Development Assessment Planner

P

P

P

 

 

P

P

 

P

 

Key: P =  Present

         A  =  Absent With Apology

         =  Absent Without Apology

 

 

 


Development Assessment Panel Meeting

Wednesday 13 December 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           DA2017 - 336.1 Boundary Adjustment Between Two Torrens Title Lots, Residential Flat Building And Café With Associated Strata Title Subdivision - Lot 167 Seaside Drive And Lot 229 Surfers Drive, Lake Cathie........................................................................................... 15

06           DA2017 - 455.1 Residential Subdivision (10 Lots) Including Clause 4.6 Objection To Clause 4,1 (Minimum Lot Size) Of The Port Macquarie-Hastings Local Environmental Plan 2011 At Lot 65 DP1226839, Shore Break Crescent, Lake Cathie ............................................. 172

07           DA2017 - 877.1 Dwelling - Lot 709 DP 1228141, No 49 Yaluma Drive, Port Macquarie     226

08           DA2017 - 866.1  Alterations And Additions To Dwelling And Construction Of Pool - Lot 134 DP 246284, No 60 Hibbard Drive, Port Macquarie................................................. 257

09           DA2017 - 966.1 Animal Boarding And Training  Establishment (Dogs) - Lot 6 DP 252224, No 406 Pembrooke Road, Redbank........................................................................... 294  

10           General Business

 


AGENDA                                              Development Assessment Panel      13/12/2017

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 6 December 2017 be confirmed.

 


MINUTES

Development Assessment Panel Meeting

06/12/2017

 

 

 

PRESENT

 

Members:

Paul Drake

Robert Hussey

Clinton Tink

 

Other Attendees:

Dan Croft

Patrick Galbraith-Robertson

 

 

 

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 22 November 2017 be confirmed.

 

 

04      DISCLOSURES OF INTEREST

 

There were no disclosures of interest presented.

 

05       DA2017 - 437.1 - Demolition Of Existing Dwelling And Construction Of New Dwelling And Swimming Pool Including Clause 4.6 Objection To Clause 4.3 (Height Of Buildings) Of Port Macquarie-Hastings Local Environmental Plan 2011 - Lot 123 DP 31187, No 32 Bourne Street, Port Macquarie

Speakers:

Anthony Hilkemeijer (applicant)

Shannon Hilkemeijer (owner)

Peter Hilkemeijer

 

CONSENSUS:

 

The Panel was unable to reach a consensus.

 

For: Clinton Tink

Against: Paul Drake, Robert Hussey

 

The dissenting recommendation was:

 

That DA2017 – 437.1 for demolition of existing dwelling and construction of new dwelling and swimming pool including Clause 4.6 objection to Clause 4.3 (height of buildings) at Lot 123 DP 31187, No. 32 Bourne Street, Port Macquarie be determined by refusing consent for the following reasons:

  1. In accordance with Section 79C(a)(iii) breaches of the Port Macquarie Hastings Development Control Plan 2013 lead to an overdevelopment of the site (ie setbacks and height), especially in relation to loss of views and impact on the public pathway.
  2. In accordance with Section 79C(b) the definite adverse impact of loss of a significant valued view from 32 Anderson Street over the Pacific Ocean and the beach, a loss of such a view being all but 100%.
  3. In accordance with Section 79C(c) the size and scale of the proposal rendering the site unsuitable.
  4. In accordance with Section 79C(e) the proposal is not in the public interest as it is a contravention of the Land and Environment Court principles and will impact on the public pathway.  

 

 

06       GENERAL BUSINESS

Nil.

 

The meeting closed at 3:00pm.

 


AGENDA                                              Development Assessment Panel      13/12/2017

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      13/12/2017

 

 

Item:          05

 

Subject:     DA2017 - 336.1 Boundary Adjustment Between Two Torrens Title Lots, Residential Flat Building And Café With Associated Strata Title Subdivision - Lot 167 Seaside Drive And Lot 229 Surfers Drive, Lake Cathie

Report Author: Patrick Galbraith-Robertson

 

 

 

Applicant:               Land Dynamics Pty Ltd

Owner:                    Catarina Village Pty Ltd

Estimated Cost:     $16.94 M

Parcel no:               66531 & 67151

Alignment with Delivery Program

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

 

 

 

 

RECOMMENDATION

That DA2017 – 336.1 for a boundary adjustment between two existing torrens title lots, residential flat building and café with associated strata title subdivision at Lot 167 DP 1229250 & Lot 229 DP1235792, Seaside Drive and Surfers Drive, be determined by granting consent subject to the recommended conditions.

 

 

Executive Summary

 

This report considers a Development Application for a boundary adjustment between two torrens title lots, residential flat building and café with associated strata title subdivision at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

This matter is being reported to the Development Assessment Panel due to the submissions received.

 

Following exhibition of the application, 15 submissions have been received. 8 of these submissions have raised concerns with proposal and 7 submissions have been received supporting the proposal.

 

The proposal has been amended during the assessment of the application. Amendments to the proposal have included but not limited to a reduction in building height, addition of a boundary adjustment to two (2) existing torrens title Lots and a proposed right of carriageway across a section of the proposed adjusted Lot. 

 

 

 

 

1.       BACKGROUND

 

Existing sites features and surrounding development

 

The site has a total area of 5.1718 hectares.  The adjusted development site – Lot 167 with boundary adjustment will be 2991.95m²

 

The site forms part of an overall development site subject to a Part 3A Concept Approval (07_0010) issued by the Minister for Planning and Infrastructure on 28 November 2011.

 

The subject land may be described as Lot 167 DP 1229250, Ocean Drive, Lake Cathie. The site is located between the villages of Lake Cathie and Bonny Hills, with access from Ocean Drive.

 

The building is proposed on Lot 167 and access to the site is over the adjoining land known as Lot 168 DP 1229250.

 

Lots 167 and 168 have recently been created and were previously Lot 2 DP 1225210.

 

DA2012/381 (as modified) was issued by Council for subdivision and road layout.

 

The road network is currently under construction on the overall original development site, including provision of water, sewer and services. Road 1 to the west has been constructed.

 

The site is zoned B4 mixed use, R3 medium density residential, RE1 public recreation and R1 general residential in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

 

 

The location of existing development within the locality at August 2017 is shown in the following aerial photograph:

 

 

2.       DESCRIPTION OF DEVELOPMENT

 

This development is the first building in the high density, mixed use Hilltop Village.

 

Key aspects of the proposal include the following:

·    Boundary adjustment to two (2) existing torrens title lots existing Lot 167 and 168.

·    Construction of a 5 storey residential flat building development comprising construction of forty-one (41) units and a café with a three (3) level basement parking area.

·    Strata title subdivision

 

The proposed building height has been reduced during the assessment of the application. Specifically the top most points of the two lift overruns were originally proposed at RL38.05m and RL40.05m and main roof sections at RL37.05m and RL39.05m. The amended plans proposed a maximum height at the top of these two overruns of RL37.05m and 38.70m and main roof sections at RL36.17m and RL37.82m.  The Ground Level floor plans have been lowered from RL23.20m to RL22.30m and RL21.2m to RL20.65m.

 

Refer to attachments at the end of this report.

 

Application Chronology

·    27 April 2017 – DA lodged with Council

·    4 May 2017 – BASIX certificates requested

·    10 to 23 May 2017 – Neighbour notification of proposal

·    11 May 2017 – BASIX certificates received from Applicant

·    23 May 2017 – Letters of support received from Applicant

·    1 June 2017 – Additional information requested – submission issues, more justification for alternate Village Square proposal, more survey detail, concern with maximum building height, concern with floor space ratio, bedroom numbers in some apartments, parking requirements for café queried, queried estimate construction cost, questioned existing ground levels and amended shadow diagrams requested

·    13 July 2017 – Further additional information requested – concerns with treatment of future main street

·    15 August 2017 – Additional information and amended plans received from Applicant

·    21 August 2017 – Additional fees requested

·    11 September 2017 – Additional information requested – 3D height plane requested, more parking assessment details, more shadow diagram information, concerns with treatment of future main street, alternate laneway access arrangements questioned, advised that modification to DA2012 – 381 for the laneway access to be determined prior to this DA, concerns with stormwater and ground water assessments

·    18 October 2017 – Additional information and amended plans received from Applicant

·    3 November 2017 – Additional 3D height plane details received from Applicant

·    21 November 2017 – Additional information requested from Applicant – stormwater concerns

·    21 November 2017 – Additional information received from Applicant.

 

 

 

3.       STATUTORY ASSESSMENT

 

Section 79C(1) Matters for Consideration

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

 

(a)     The provisions (where applicable) of:

(i)      any Environmental Planning Instrument:

 

State Environmental Planning Policy No. 44 - Koala Habitat Protection

This policy aims to encourage proper conservation and management of natural vegetation areas that provide habitat for koalas. The Lake Cathie-Bonny Hills (Area 14) Koala Plan of Management applies to the site.

 

There are no trees located on this site and the proposal is consistent with the adopted Lake Cathie-Bonny Hills (Area 14) Koala Plan of Management.

 

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. 65 – Design Quality of Residential Flat Development (SEPP 65)

The policy applies to development for the purpose of a residential flat building, shop top housing or mixed use development with a residential accommodation component if:

(a)  the development consists of any of the following:

(i)  the erection of a new building,

(ii)  the substantial redevelopment or the substantial refurbishment of an existing building,

(iii)  the conversion of an existing building, and

(b)  the building concerned is at least 3 or more storeys (not including levels below ground level (existing) or levels that are less than 1.2 metres above ground level (existing) that provide for car parking), and

(c)  the building concerned contains at least 4 or more dwellings.

 

Based on the above and the development proposed, the SEPP must be considered.

 

It should be noted that clause 6A of SEPP 65 applies in respect of the objectives, design criteria and design guidance set out in Parts 3 and 4 of the Apartment Design Guide for the following:

 

(a)  visual privacy,

(b)  solar and daylight access,

(c)  common circulation and spaces,

(d)  apartment size and layout,

(e)  ceiling heights,

(f)  private open space and balconies,

(g)  natural ventilation,

(h)  storage.

 

If a development control plan contains provisions that specify requirements, standards or controls in relation to a matter to which clause 6A applies, those provisions in the development control plan have no effect.

 

Clause 6A applies regardless of when the development control plan was made.

 

In terms of lodging an application under SEPP 65, it is noted that the proposal has provided the verification and detail required by clause 50 and Schedule 1, Part 1(2)(5) of the Environmental Planning and Assessment Regulation 2000.

 

In accordance with clause 28(2)(b), the following table provides an assessment against the design quality principles:

 

Requirement

Proposed

Complies

Principle 1: Context and neighbourhood character

Good design responds and contributes to its context. Context is the key natural and built features of an area, their relationship and the character they create when combined. It also includes social, economic, health and environmental conditions.

 

Responding to context involves identifying the desirable elements of an area’s existing or future character. Well designed buildings respond to and enhance the qualities and identity of the area including the adjacent sites, streetscape and neighbourhood.

 

Consideration of local context is important for all sites, including sites in established areas, those undergoing change or identified for change.

 

The proposal is for a five storey residential flat building with basement car parking and ground floor cafe. Encouraging higher density development in areas such as the subject site is desirable for the area.

 

The design responds to the site context and characteristics by achieving a higher density, and providing potential links to access adjoining sites and connections to the proposed main street Ocean Blue Boulevard.

 

Yes

Principle 2: Built form and scale

Good design achieves a scale, bulk and height appropriate to the existing or desired future character of the street and surrounding buildings.

 

Good design also achieves an appropriate built form for a site and the building’s purpose in terms of building alignments, proportions, building type, articulation and the manipulation of building elements.

 

Appropriate built form defines the public domain, contributes to the character of streetscapes and parks, including their views and vistas, and provides internal amenity and outlook.

 

 

The proposal incorporates a minor variation to the LEP controls for building height. Refer to comments on clauses 4.3 and 4.6 of LEP 2011 assessment for consideration of the proposed variations.

 

Overall, the height and bulk of the proposed building are considered to be acceptable in the streetscape and future desired character of the area.

 

The building incorporates ground floor setbacks to each of the street frontages, which are consistent with the desired character for the area. Satisfactory articulation and variation in building colours and materials are also proposed.

 

The proposed internal unit layouts provide for satisfactory internal amenity and having regard to the orientation of the block.   

 

Yes   

Principle 3: Density

Good design achieves a high level of amenity for residents and each apartment, resulting in a density appropriate to the site and its context.

 

Appropriate densities are consistent with the area’s existing or projected population. Appropriate densities can be sustained by existing or proposed infrastructure, public transport, access to jobs, community facilities and the environment.

 

 

The proposed FSR for the site is consistent with the objectives of the B4 mixed use business zone and the height of buildings envisaged for the area.

 

The proposed density is also considered to be sustainable having regard to availability of infrastructure and likely future public transport, proximity to future services and community facilities and the environmental quality of the area.

 

Yes

Principle 4: Sustainability

Good design combines positive environmental, social and economic outcomes.

 

Good sustainable design includes use of natural cross ventilation and sunlight for the amenity and liveability of residents and passive thermal design for ventilation, heating and cooling reducing reliance on technology and operation costs. Other elements include recycling and reuse of materials and waste, use of sustainable materials and deep soil zones for groundwater recharge and vegetation.

 

All units contain acceptable orientated balconies/aspect and opportunities for natural ventilation.

 

BASIX certificate has also been provided demonstrating that the design satisfies acceptable energy and water efficiency measures.

 

Suitable landscaping areas proposed.

 

Yes

Principle 5: Landscape

Good design recognises that together landscape and buildings operate as an integrated and sustainable system, resulting in attractive developments with good amenity. A positive image and contextual fit of well designed developments is achieved by contributing to the landscape character of the streetscape and neighbourhood.

 

Good landscape design enhances the development’s environmental performance by retaining positive natural features which contribute to the local context, co-ordinating water and soil management, solar access, micro-climate, tree canopy, habitat values and preserving green networks.

 

Good landscape design optimises useability, privacy and opportunities for social interaction, equitable access, respect for neighbours’ amenity and provides for practical establishment and long term management.

 

A landscaping plan has been submitted with the application and shows areas consistent with planning controls. In particular, the plan provides a good mixture of useable landscaped ground floor open space along with large balcony areas that can accommodate private landscaping.

 

There are no existing landscaping elements worth retaining onsite.

 

The proposed landscaping will be consistent with other landscaping on newer developments in the area.

 

 

Yes

 

Principle 6: Amenity

Good design positively influences internal and external amenity for residents and neighbours. Achieving good amenity contributes to positive living environments and resident well being.

 

Good amenity combines appropriate room dimensions and shapes, access to sunlight, natural ventilation, outlook, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas and ease of access for all age groups and degrees of mobility.

 

The building incorporates generous unit layouts and design which optimise the northern orientation, ventilation, privacy, open space etc.

 

Adequate storage and outdoor space provided throughout the building and site.

 

Accessibility is possible via a mixture of ramps, stairs and lifts.

 

Building depth is satisfactory.

 

 

Yes

Principle 7: Safety

Good design optimises safety and security within the development and the public domain. It provides for quality public and private spaces that are clearly defined and fit for the intended purpose. Opportunities to maximise passive surveillance of public and communal areas promote safety.

 

A positive relationship between public and private spaces is achieved through clearly defined secure access points and well lit and visible areas that are easily maintained and appropriate to the location and purpose.

 

The various array of windows, doors and balconies throughout the building provide surveillance of the site and also the public domain.

 

Access to the site is predominately controlled via single entry point off the proposed Whitewater Terrace. Access to both these areas can be controlled electronically.

 

The interface between public and private/communal space is considered to be clearly defined at the site frontage.

 

Yes

Principle 8: Housing diversity and social interaction

Good design achieves a mix of apartment sizes, providing housing choice for different demographics, living needs and household budgets.

 

Well designed apartment developments respond to social context by providing housing and facilities to suit the existing and future social mix.

 

Good design involves practical and flexible features, including different types of communal spaces for a broad range of people and providing opportunities for social interaction among residents.

 

 

The proposal includes a good mix of 1, 2 and 3 bedroom apartments to suit a variety of budgets and housing needs.

 

 

 

Yes

Principle 9: Aesthetics

Good design achieves a built form that has good proportions and a balanced composition of elements, reflecting the internal layout and structure. Good design uses a variety of materials, colours and textures.

 

The visual appearance of a well designed apartment development responds to the existing or future local context, particularly desirable elements and repetitions of the streetscape.

 

The plans provide examples of the colours, textures and finishes.

 

The colours and materials provided indicate a contemporary quality design and finish. It is considered that the aesthetics of the building will respond appropriately to the surrounding environment and context of the desired character of the locality.

 

Yes

 

In accordance with Clause 28(2), the proposal has also adequately addressed the SEPP 65 Apartment Design Guide. The following table provides an assessment against the Apartment Design Guide with assessment comments considering the applicable Design Criteria and Design Objectives where applicable:

 

Apartment Design Guide (ADG) Objective

Design Guidance/Design Criteria (Italics)

Proposed

Complies

3A Site analysis

3A - 1 Site analysis illustrates that design decisions have been based on opportunities and constraints of the site conditions and their relationship to the surrounding context.

Each element in the Site Analysis Checklist should be addressed (Appendix 1 of ADG)

Suitable site analysis completed.

Yes

3B Orientation

3B - 1 Building types and layouts respond to the streetscape and site while optimising solar access within the development.

Buildings along the street frontage define the street, by facing it and incorporating direct access from the street (see figure 3B.1).

Where the street frontage is to the east or west, rear buildings should be orientated to the north.

Where the street frontage is to the north or south, overshadowing to the south should be minimised and buildings behind the street frontage should be orientated to the east and west (see figure 3B.2).

Orientation acceptable.

Building designed to face all street frontages with an access off the proposed Whitewater Terrace.

Building has been placed and designed to maximise the north aspect where possible.

Overshadowing has been minimised to southern neighbours.

Yes

3B - 2 Overshadowing of neighbouring properties is minimised during mid winter.

Living areas, private open space and communal open space should receive solar access in accordance with sections 3D Communal and public open space and 4A Solar and daylight access.

Solar access to living rooms, balconies and private open spaces of neighbours should be considered.

The design of the development has an emphasis on north orientation with all units having north facing living areas where possible.

The orientation of the development and setbacks also ensure no identifiable adverse overshadowing of adjoining properties.

Yes

3C Public domain interface

3C - 1 Transition between private and public domain is achieved without compromising safety and security

Terraces, balconies and courtyard apartments should have direct street entry, where appropriate.

Changes in level between private terraces, front gardens and dwelling entries above the street level provide surveillance and improve visual privacy for ground level dwellings (see figure 3C.1).

Upper level balconies and windows should overlook the public domain.

Terraces of the ground floor apartments have direct street entry points.

The front fences and walls along the street frontages have adopted permeable materials and treatments.

Balconies and windows overlook public domain.

Yes

3C - 2 Amenity of the public domain is retained and enhanced.

Planting softens the edges of any raised terraces to the street, for example above sub-basement car parking.

Mail boxes should be located in lobbies, perpendicular to the street alignment or integrated into front fences where individual street entries are provided.

The visual prominence of underground car park vents should be minimised and located at a low level where possible.

Substations, pump rooms, garbage storage areas and other service requirements should be located in basement car parks or out of view.

Ramping for accessibility should be minimised by building entry location and setting ground floor levels in relation to footpath levels.

 

Landscaping has been incorporated into the design to soften the built form.

Mailbox location acceptable.

Substations, pump rooms, garbage storage areas and other service requirements will be located in basement car parks or out of view.

Ramping for accessibility has been be minimised by building entry locations and setting ground floor levels in relation to footpath levels.

 

Yes

3D Communal and public open space

3D - 1 An adequate area of communal open space is provided to enhance residential amenity and to provide opportunities for landscaping

Design Criteria

1. Communal open space has a minimum area equal to 25% of the site (see figure 3D.3)

2. Developments achieve a minimum of 50% direct sunlight to the principal usable part of the communal open space for a minimum of 2 hours between 9 am and 3 pm on 21 June (mid winter).

Communal open space should be consolidated into a well designed, easily identified and usable area.

Communal open space should have a minimum dimension of 3m, and larger developments should consider greater dimensions.

Communal open space should be co-located with deep soil areas.

Direct, equitable access should be provided to communal open space areas from common circulation areas, entries and lobbies.

Where communal open space cannot be provided at ground level, it should be provided on a podium or roof.

Where developments are unable to achieve the design criteria, such as on small lots, sites within business zones, or in a dense urban area, they should:

-     provide communal spaces elsewhere such as a landscaped roof top terrace or a common room

-     provide larger balconies or increased private open space for apartments

-     demonstrate good proximity to public open space and facilities and/or provide contributions to public open space

>25% of the site is provided for a communal open space area requirement.

In addition to the above, the communal area is easily accessible, well defined, usable, co-located with deep soil areas, located at ground level and contains a mixture of light and shade areas. The proposed café will also provide for an additional amenity for future residents if required.

 

 Yes

3D - 2 Communal open space is designed to allow for a range of activities, respond to site conditions and be attractive and inviting

Facilities are provided within communal open spaces and common spaces for a range of age groups (see also 4F Common circulation and spaces), incorporating some of the following elements:

-     seating for individuals or groups

-     barbecue areas

-     play equipment or play areas

-     swimming pools, gyms, tennis courts or common rooms.

The proposed common areas are regular in shape and will be satisfactorily usable, with pedestrian pathways and seating proposed to the common open space and it experiences good solar access.

More specific landscape details will be required prior to issue of a Construction Certificate.

 

Yes

3D - 3 Communal open space is designed to maximise safety

Communal open space and the public domain should be readily visible from habitable rooms and private open space areas while maintaining visual privacy.

Communal open space and the public domain should be readily visible from habitable rooms and private open space areas while maintaining visual privacy.

Yes

3E Deep soil zones

3E - 1 Deep soil zones provide areas on the site that allow for and support healthy plant and tree growth. They improve residential amenity and promote management of water and air quality

Design Criteria

1. Deep soil zones are to meet the following minimum requirements:

a)   < 650m², no min dimension, 7% site area deep soil zone.

b)   650-1500m², 3m dimension, 7% site area deep soil zone.

c)   >1500m², 6m dimension, 7% site area deep soil zone.

On some sites it may be possible to provide larger deep soil zones, depending on the site area and context:

-     10% of the site as deep soil on sites with an area of 650m² - 1,500m²

-     15% of the site as deep soil on sites greater than 1,500m².

Deep soil zones should be located to retain existing significant trees and to allow for the development of healthy root systems, providing anchorage and stability for mature trees. Design solutions may include:

-     basement and sub basement car park design that is consolidated beneath building footprints

-     use of increased front and side setbacks

-     adequate clearance around trees to ensure long term health

-     co-location with other deep soil areas on adjacent sites to create larger contiguous areas of deep soil.

Achieving the design criteria may not be possible on some sites including where:

-     the location and building typology have limited or no space for deep soil at ground level (e.g. central business district, constrained sites, high density areas, or in centres)

-     there is 100% site coverage or non-residential uses at ground floor level.

Where a proposal does not achieve deep soil requirements, acceptable stormwater management should be achieved and alternative forms of planting provided such as on structure.

The site is >1500m². The applicant proposes 16.7% deep soil zone.

 

Yes

3F Visual privacy

3F - 1 Adequate building separation distances are shared equitably between neighbouring sites, to achieve reasonable levels of external and internal visual privacy

Design Criteria

1. Separation between windows and balconies is provided to ensure visual privacy is achieved. Minimum required separation distances from buildings to the side and rear boundaries are as follows:

a)   Building height up to 12m (4 storey) need 6m setback to habitable and 3m to non habitable.

b)   Buildings up to 25m (5-8 storeys) need 9m to habitable and 4.5m to non habitable.

c)   Buildings over 25m (9+ storeys) need 12m to habitable and 6m to non habitable.

Note: Separation distances between buildings on the same site should combine required building separations depending on the type of room (see figure 3F.2).

Gallery access circulation should be treated as habitable space when measuring privacy separation distances between neighbouring properties

Generally one step in the built form as the height increases due to building separations is desirable. Additional steps should be careful not to cause a 'ziggurat' appearance.

For residential buildings next to commercial buildings, separation distances should be measured as follows:

-     for retail, office spaces and commercial balconies use the habitable room distances

-     for service and plant areas use the non-habitable room distances.

New development should be located and oriented to maximise visual privacy between buildings on site and for neighbouring buildings. Design solutions include:

-     site layout and building orientation to minimise privacy impacts (see also section 3B Orientation)

-     on sloping sites, apartments on different levels have appropriate visual separation distances (see figure 3F.4).

Apartment buildings should have an increased separation distance of 3m (in addition to the requirements set out in design criteria 1) when adjacent to a different zone that permits lower density residential development to provide for a transition in scale and increased landscaping (figure 3F.5).

Direct lines of sight should be avoided for windows and balconies across corners.

No separation is required between blank walls

Eastern side setback of greater than 9m to habitable and 4.5m to non-habitable provided.

No adjoining buildings as yet.

 

Yes

3F - 2 Site and building design elements increase privacy without compromising access to light and air and balance outlook and views from habitable rooms and private open space

Communal open space, common areas and access paths should be separated from private open space and windows to apartments, particularly habitable room windows.

 

Communal open space in the eastern section of the site, common areas and access paths are satisfactorily separated.

Yes

3G Pedestrian access and entries

3G - 1 Building entries and pedestrian access connects to and addresses the public domain

Multiple entries (including communal building entries and individual ground floor entries) should be provided to activate the street edge.

Entry locations relate to the street and subdivision pattern and the existing pedestrian network.

Building entries should be clearly identifiable and communal entries should be clearly distinguishable from private entries.

Where street frontage is limited and multiple buildings are located on the site, a primary street address should be provided with clear sight lines and pathways to secondary building entries.

Building entries and pedestrian access connects to and addresses the public domain.

Multiple entries (including communal building entries and individual ground floor entries) provided to activate the street edge.

Building entries are clearly identifiable and communal entries are distinguishable from private entries.

 

 

Yes

3G - 2 Access, entries and pathways are accessible and easy to identify

Building access areas including lift lobbies, stairwells and hallways should be clearly visible from the public domain and communal spaces.

The design of ground floors and underground car parks minimise level changes along pathways and entries.

Steps and ramps should be integrated into the overall building and landscape design.

For large developments ‘way finding’ maps should be provided to assist visitors and residents (see figure 4T.3).

For large developments electronic access and audio/video intercom should be provided to manage access

Access, entries and pathways are accessible and easy to identify.

Yes

3H Vehicle access

3H - 1 Vehicle access points are designed and located to achieve safety, minimise conflicts between pedestrians and vehicles and create high quality streetscapes

Car park access should be integrated with the building’s overall facade. Design solutions may include:

-     the materials and colour palette to minimise visibility from the street

-     security doors or gates at entries that minimise voids in the facade

-     where doors are not provided, the visible interior reflects the facade design and the building services, pipes and ducts are concealed.

Car park entries should be located behind the building line.

Vehicle entries should be located at the lowest point of the site minimising ramp lengths, excavation and impacts on the building form and layout.

Car park entry and access should be located on secondary streets or lanes where available.

Vehicle standing areas that increase driveway width and encroach into setbacks should be avoided.

Access point locations should avoid headlight glare to habitable rooms.

Adequate separation distances should be provided between vehicle entries and street intersections.

The width and number of vehicle access points should be limited to the minimum.

Visual impact of long driveways should be minimised through changing alignments and screen planting.

The need for large vehicles to enter or turn around within the site should be avoided.

Garbage collection, loading and servicing areas are screened.

Clear sight lines should be provided at pedestrian and vehicle crossings.

Traffic calming devices such as changes in paving material or textures should be used where appropriate.

Pedestrian and vehicle access should be separated and distinguishable. Design solutions may include:

-     changes in surface materials

-     level changes

-     the use of landscaping for separation

Car park access satisfactorily integrated with the building’s overall facades.

Car park entry located behind the building line.

Vehicle entry located at the lowest point of the site minimising ramp lengths, excavation and impacts on the building form and layout.

Car park entry and access located on secondary street proposed Whitewater Terrace street.

Access point location avoids headlight glare to habitable rooms.

Adequate separation distances provided between vehicle entry and street intersection of Whitewater Terrace proposed and Seaside Drive.

The width of the vehicle access point is limited.

Garbage collection, loading and servicing areas are screened.

 

 

 

Yes

3J Bicycle and car parking

3J - 1 Car parking is provided based on proximity to public transport in metropolitan Sydney and centres in regional areas

Notes

Port Macquarie is a nominated regional centre.

In terms of using Guide to Traffic Generating Developments, Port Macquarie is a “sub-regional centre” as by definition it does not have access to rail.

Medium density is 2 - <20 dwellings.

High Density is 20 or more dwellings

Design Criteria

1. For development in the following locations:

a)   on sites that are within 800 metres of a railway station or light rail stop in the Sydney Metropolitan Area; or

b)   on land zoned, and sites within 400 metres of land zoned, B3 Commercial Core, B4 Mixed Use or equivalent in a nominated regional centre

the minimum car parking requirement for residents and visitors is set out in the Guide to Traffic Generating Developments, or the car parking requirement prescribed by the relevant council, whichever is less

The car parking needs for a development must be provided off street.

Where a car share scheme operates locally, provide car share parking spaces within the development. Car share spaces, when provided, should be on site.

Where less car parking is provided in a development, council should not provide on street resident parking permits

Guide to Traffic Generating Developments

Medium density residential flat buildings require:

-     1 space per unit +

-     1 space for every 5 x 2 bedroom unit +

-     1 space for every 2 x 3 bedroom unit +

-     1 space for 5 units (visitor parking).

High density residential flat buildings for metropolitan sub-regional centres require:

-   0.6 spaces per 1 bedroom unit

-   0.9 spaces per 2 bedroom unit

-   1.40 spaces per 3 bedroom unit +

-   1 space per 5 units (visitor parking)

Site is within a B4 zone.

Building is termed high density under the Traffic Guide.

44 residential spaces + 9 visitor spaces + 5 café spaces are required.

Applicant proposes 80 spaces onsite.

Refer to detailed table breakdown of requirements later in this report under the consideration of Parking impacts.

 

Yes

3J - 2 Parking and facilities are provided for other modes of transport

Conveniently located and sufficient numbers of parking spaces should be provided for motorbikes and scooters.

Secure undercover bicycle parking should be provided that is easily accessible from both the public domain and common areas.

Conveniently located charging stations are provided for electric vehicles, where desirable

The basement car park allows for vehicle spaces to be used for motorbikes etc. There are also storage areas available for bicycles.

Yes

3J - 3 Car park design and access is safe and secure

Supporting facilities within car parks, including garbage, plant and switch rooms, storage areas and car wash bays can be accessed without crossing car parking spaces.

Direct, clearly visible and well lit access should be provided into common circulation areas.

A clearly defined and visible lobby or waiting area should be provided to lifts and stairs.

For larger car parks, safe pedestrian access should be clearly defined and circulation areas have good lighting, colour, line marking and/or bollards

Car park design and access is safe and secure.

Yes

3J - 4 Visual and environmental impacts of underground car parking are minimised

Excavation should be minimised through efficient car park layouts and ramp design.

Car parking layout should be well organised, using a logical, efficient structural grid and double loaded aisles.

Protrusion of car parks should not exceed 1m above ground level. Design solutions may include stepping car park levels or using split levels on sloping sites.

Natural ventilation should be provided to basement and sub basement car parking areas.

Ventilation grills or screening devices for car parking openings should be integrated into the facade and landscape design

Visual and environmental impacts of underground car parking are minimised.

Yes

4A Solar and daylight access

4A - 1 To optimise the number of apartments receiving sunlight to habitable rooms, primary windows and private open space

Design Criteria

1. Living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 2 hours direct sunlight between 9 am and 3 pm at mid winter in the Sydney Metropolitan Area and in the Newcastle and Wollongong local government areas.

2. In all other areas, living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 3 hours direct sunlight between 9 am and 3 pm at mid winter.

3. A maximum of 15% of apartments in a building receive no direct sunlight between 9 am and 3 pm at mid winter

The design maximises north aspect and the number of single aspect south facing apartments is minimised.

Single aspect, single storey apartments should have a northerly or easterly aspect.

Living areas are best located to the north and service areas to the south and west of apartments.

To optimise the direct sunlight to habitable rooms and balconies a number of the following design features are used:

-     dual aspect apartments

-     shallow apartment layouts

-     two storey and mezzanine level apartments

-     bay windows

To maximise the benefit to residents of direct sunlight within living rooms and private open spaces, a minimum of 1m² of direct sunlight, measured at 1m above floor level, is achieved for at least 15 minutes.

Achieving the design criteria may not be possible on some sites. This includes:

-     where greater residential amenity can be achieved along a busy road or rail line by orientating the living rooms away from the noise source

-     on south facing sloping sites

-     where significant views are oriented away from the desired aspect for direct sunlight

Design drawings need to demonstrate how site constraints and orientation preclude meeting the design criteria and how the development meets the objective.

73% of units receive sunlight for a minimum of 3 hours between 9am and 3pm, mid-winter.

All units receive some light and therefore the 15% standard (dot point 3) is not reached.

The design maximises north aspect and the number of single aspect south facing apartments is minimised.

 

Yes

4A - 3 Design incorporates shading and glare control, particularly for warmer months

A number of the following design features are used:

-     balconies or sun shading that extend far enough to shade summer sun, but allow winter sun to penetrate living areas

-     shading devices such as eaves, awnings, balconies, pergolas, external louvres and planting

-     horizontal shading to north facing windows

-     vertical shading to east and particularly west facing windows

-     operable shading to allow adjustment and choice

-     high performance glass that minimises external glare off windows, with consideration given to reduced tint glass or glass with a reflectance level below 20% (reflective films are avoided)

Design incorporates shading and glare control, particularly for warmer months.

Yes

4B Natural ventilation

4B - 1 All habitable rooms are naturally ventilated

The building's orientation maximises capture and use of prevailing breezes for natural ventilation in habitable rooms.

Depths of habitable rooms support natural ventilation.

The area of unobstructed window openings should be equal to at least 5% of the floor area served.

Light wells are not the primary air source for habitable rooms.

Doors and openable windows maximise natural ventilation opportunities by using the following design solutions:

-    adjustable windows with large effective openable areas

-    a variety of window types that provide safety and flexibility such as awnings and louvres

-    windows which the occupants can reconfigure to funnel breezes into the apartment such as vertical louvres, casement windows and externally opening doors

Design and location of openings make use of natural ventilation.

Condition recommended to require operable/openable windows for common foyers.

Yes

4B - 2 The layout and design of single aspect apartments maximises natural ventilation

Apartment depths are limited to maximise ventilation and airflow (see also figure 4D.3)

Natural ventilation to single aspect apartments is achieved with the following design solutions:

-     primary windows are augmented with plenums and light wells (generally not suitable for cross ventilation)

-     stack effect ventilation / solar chimneys or similar to naturally ventilate internal building areas or rooms such as bathrooms and laundries

-     courtyards or building indentations have a width to depth ratio of 2:1 or 3:1 to ensure effective air circulation and avoid trapped smells

Depth of units are acceptable given the multi aspect apartments allowing light and ventilation.

Yes

4B - 3 The number of apartments with natural cross ventilation is maximised to create a comfortable indoor environment for residents

Design Criteria

1. At least 60% of apartments are naturally cross ventilated in the first nine storeys of the building. Apartments at ten storeys or greater are deemed to be cross ventilated only if any enclosure of the balconies at these levels allows adequate natural ventilation and cannot be fully enclosed.

2. Overall depth of a cross-over or cross-through apartment does not exceed 18m, measured glass line to glass line.

The building should include dual aspect apartments, cross through apartments and corner apartments and limit apartment depths.

In cross-through apartments external window and door opening sizes/areas on one side of an apartment (inlet side) are approximately equal to the external window and door opening sizes/areas on the other side of the apartment (outlet side) (see figure 4B.4).

Apartments are designed to minimise the number of corners, doors and rooms that might obstruct airflow.

Apartment depths, combined with appropriate ceiling heights, maximise cross ventilation and airflow

 

70% of units are cross ventilated.

Overall depth of cross-over or cross-through apartments do not exceed 18m, measured glass line to glass line.

The building includes several dual aspect apartments, cross through apartments and corner apartments and limited apartment depths.

 

 

Yes

4C Ceiling heights

4C - 1 Ceiling height achieves sufficient natural ventilation and daylight access

Design Criteria

1. Measured from finished floor level to finished ceiling level, minimum ceiling heights are:

Minimum ceiling height for apartment and mixed use buildings

Habitable rooms =  2.7m

Non-habitable = 2.4m

For 2 storey apartments =  2.7m for main living area floor and 2.4m for second floor, where its area does not exceed 50% of the apartment area

Attic spaces = 1.8m at edge of room with a 30 degree minimum ceiling slope

If located in mixed use areas = 3.3m for ground and first floor to promote future flexibility of use

These minimums do not preclude higher ceilings if desired.

Ceiling height can accommodate use of ceiling fans for cooling and heat distribution.

Units have minimum 2.8m ceiling heights.

Ceiling heights can accommodate use of ceiling fans for cooling and heat distribution.

 

Yes

 

4C - 2 Ceiling height increases the sense of space in apartments and provides for well proportioned rooms

A number of the following design solutions can be used:

-     the hierarchy of rooms in an apartment is defined using changes in ceiling heights and alternatives such as raked or curved ceilings, or double height spaces

-     well proportioned rooms are provided, for example, smaller rooms feel larger and more spacious with higher ceilings

-     ceiling heights are maximised in habitable rooms by ensuring that bulkheads do not intrude. The stacking of service rooms from floor to floor and coordination of bulkhead location above non-habitable areas, such as robes or storage, can assist

Ceiling heights are a minimum 2.8m and acceptable throughout the development.

Yes

4D Apartment size and layout

4D - 1 The layout of rooms within an apartment is functional, well organised and provides a high standard of amenity

Design Criteria

1. Apartments are required to have the following minimum internal areas:

Studio = 35m²

1 bedroom = 50m²

2 bedroom = 70m²

3 bedroom = 90m²

The minimum internal areas include only one bathroom. Additional bathrooms increase the minimum internal area by 5m² each.

A fourth bedroom and further additional bedrooms increase the minimum internal area by 12m² each.

2. Every habitable room must have a window in an external wall with a total minimum glass area of not less than 10% of the floor area of the room. Daylight and air may not be borrowed from other rooms.

Kitchens should not be located as part of the main circulation space in larger apartments (such as hallway or entry space).

A window should be visible from any point in a habitable room.

Where minimum areas or room dimensions are not met apartments need to demonstrate that they are well designed and demonstrate the usability and functionality of the space with realistically scaled furniture layouts and circulation areas. These circumstances would be assessed on their merits

 

1 bedroom = minimum 74m²

2 bedroom = minimum 87m²

3 bedroom = minimum 130m²

 

Every habitable room has access to a window with compliant glass area.

Kitchens are not part of hallways etc.

 

Yes

 

 

4D - 2 Environmental performance of the apartment is maximised

Design Criteria

1. Habitable room depths are limited to a maximum of 2.5 x the ceiling height.

2. In open plan layouts (where the living, dining and kitchen are combined) the maximum habitable room depth is 8m from a window.

Greater than minimum ceiling heights can allow for proportional increases in room depth up to the permitted maximum depths.

All living areas and bedrooms should be located on the external face of the building.

Where possible:

-     bathrooms and laundries should have an external openable window.

-     main living spaces should be oriented toward the primary outlook and aspect and away from noise sources

Habitable room depths do not exceed 2.5 x the ceiling height.

The open plan areas do not exceed 8m.

Living areas and bedrooms are located on the external face of the building.

Yes

4D - 3 Apartment layouts are designed to accommodate a variety of household activities and needs

Design Criteria

1. Master bedrooms have a minimum area of 10m² and other bedrooms 9m² (excluding wardrobe space).

2. Bedrooms have a minimum dimension of 3m (excluding wardrobe space).

3. Living rooms or combined living/dining rooms have a minimum width of:

• 3.6m for studio and 1 bedroom apartments

• 4m for 2 and 3 bedroom apartments

4. The width of cross-over or cross-through apartments are at least 4m internally to avoid deep narrow apartment layouts.

Access to bedrooms, bathrooms and laundries is separated from living areas minimising direct openings between living and service areas.

All bedrooms allow a minimum length of 1.5m for robes.

The main bedroom of an apartment or a studio apartment should be provided with a wardrobe of a minimum 1.8m long, 0.6m deep and 2.1m high.

Apartment layouts allow flexibility over time, design solutions may include:

-     dimensions that facilitate a variety of furniture arrangements and removal

-     spaces for a range of activities and privacy levels between different spaces within the apartment

-     dual master apartments

-     dual key apartments Note: dual key apartments which are separate but on the same title are regarded as two sole occupancy units for the purposes of the Building Code of Australia and for calculating the mix of apartments

-     room sizes and proportions or open plans (rectangular spaces (2:3) are more easily furnished than square spaces (1:1))

-     efficient planning of circulation by stairs, corridors and through rooms to maximise the amount of usable floor space in rooms

Master bedrooms comply with the 10m² minimum standard and other bedrooms comply with the 9m² standard.

Bedrooms comply with 3m minimum dimension.

Living rooms comply with 4m minimum dimension.

Suitable separation of rooms exists via use of doors, walls etc

Robes in bedrooms considered acceptable.

Layouts contain flexibility.

Yes

4E Private open space and balconies

4E - 1 Apartments provide appropriately sized private open space and balconies to enhance residential amenity

Design Criteria

1. All apartments are required to have primary balconies as follows:

a)   Studio apartments =  4m²

b)   1 bedroom apartments = 8m²  and 2m min depth.

c)   2 bedroom apartments = 10m² and 2m min depth.

d)   3+ bedroom apartments = 12m² and 2.4m min depth.

The minimum balcony depth to be counted as contributing to the balcony area is 1m.

2. For apartments at ground level or on a podium or similar structure, a private open space is provided instead of a balcony. It must have a minimum area of 15m² and a minimum depth of 3m.

Increased communal open space should be provided where the number or size of balconies are reduced.

Storage areas on balconies is additional to the minimum balcony size.

Balcony use may be limited in some proposals by:

-     consistently high wind speeds at 10 storeys and above

-     close proximity to road, rail or other noise sources

-     exposure to significant levels of aircraft noise

-     heritage and adaptive reuse of existing buildings

In these situations, juliet balconies, operable walls, enclosed wintergardens or bay windows may be appropriate, and other amenity benefits for occupants should also be provided in the apartments or in the development or both. Natural ventilation also needs to be demonstrated

The 2 bedroom apartments have a balcony that is in excess of the 10m² and 2.0m minimum depth.

The 3 bedroom apartments have a balcony that is in excess of the 12m² and 2.4m minimum depth.

Ground floor apartments have in excess of the 15m² and 3m minimum depth.

Yes

4E - 2 Primary private open space and balconies are appropriately located to enhance liveability for residents

Primary open space and balconies should be located adjacent to the living room, dining room or kitchen to extend the living space.

Private open spaces and balconies predominantly face north, east or west.

Primary open space and balconies should be orientated with the longer side facing outwards or be open to the sky to optimise daylight access into adjacent rooms.

Private open space areas adjoin living areas and balconies are of a suitable useable size.

Yes

4E - 3 Private open space and balcony design is integrated into and contributes to the overall architectural form and detail of the building

Solid, partially solid or transparent fences and balustrades are selected to respond to the location. They are designed to allow views and passive surveillance of the street while maintaining visual privacy and allowing for a range of uses on the balcony. Solid and partially solid balustrades are preferred.

Full width full height glass balustrades alone are generally not desirable.

Projecting balconies should be integrated into the building design and the design of soffits considered.

Operable screens, shutters, hoods and pergolas are used to control sunlight and wind.

Balustrades are set back from the building or balcony edge where overlooking or safety is an issue.

Downpipes and balcony drainage are integrated with the overall facade and building design.

Air-conditioning units should be located on roofs, in basements, or fully integrated into the building design.

Where clothes drying, storage or air conditioning units are located on balconies, they should be screened and integrated in the building design.

Ceilings of apartments below terraces should be insulated to avoid heat loss.

Water and gas outlets should be provided for primary balconies and private open space

Balconies suitably comply with requirements.

Yes

4E - 4 Private open space and balcony design maximises safety.

Changes in ground levels or landscaping are minimised.

Design and detailing of balconies avoids opportunities for climbing and falls.

Changes in ground levels or landscaping are minimised.

Design and detailing of balconies avoids opportunities for climbing and falls subject to also complying with the Building Code of Australia. Specific details will be required to be provided and addressed prior to the issue of a construction certificate.

Yes

4F Common circulation and spaces

4F - 1 Common circulation spaces achieve good amenity and properly service the number of apartments

Design Criteria

1. The maximum number of apartments off a circulation core on a single level is eight.

2. For buildings of 10 storeys and over, the maximum number of apartments sharing a single lift is 40.

Greater than minimum requirements for corridor widths and/ or ceiling heights allow comfortable movement and access particularly in entry lobbies, outside lifts and at apartment entry doors.

Daylight and natural ventilation should be provided to all common circulation spaces that are above ground.

Windows should be provided in common circulation spaces and should be adjacent to the stair or lift core or at the ends of corridors.

Longer corridors greater than 12m in length from the lift core should be articulated. Design solutions may include:

-     a series of foyer areas with windows and spaces for seating

-     wider areas at apartment entry doors and varied ceiling heights

Design common circulation spaces to maximise opportunities for dual aspect apartments, including multiple core apartment buildings and cross over apartments.

Achieving the design criteria for the number of apartments off a circulation core may not be possible. Where a development is unable to achieve the design criteria, a high level of amenity for common lobbies, corridors and apartments should be demonstrated, including:

-     sunlight and natural cross ventilation in apartments

-     access to ample daylight and natural ventilation in common circulation spaces

-     common areas for seating and gathering

-     generous corridors with greater than minimum ceiling heights

-     other innovative design solutions that provide high levels of amenity

Where design criteria 1 is not achieved, no more than 12 apartments should be provided off a circulation core on a single level.

Primary living room or bedroom windows should not open directly onto common circulation spaces, whether open or enclosed. Visual and acoustic privacy from common circulation spaces to any other rooms should be carefully controlled

Maximum number of apartments accessed off each of the two (2) circulation cores is 5.

Natural light and potential for ventilation provided to common circulation areas.

Levels 1-5 will likely utilise mechanical ventilation unless operable windows are proposed. Condition recommended to require operable windows be provided to all windows on common circulation spaces.

Corridor widths are acceptable.

Living areas do not directly access core area.

Yes - capable

4F - 2 Common circulation spaces promote safety and provide for social interaction between residents

Direct and legible access should be provided between vertical circulation points and apartment entries by minimising corridor or gallery length to give short, straight, clear sight lines.

Tight corners and spaces are avoided.

Circulation spaces should be well lit at night.

Legible signage should be provided for apartment numbers, common areas and general wayfinding.

Incidental spaces, for example space for seating in a corridor, at a stair landing, or near a window are provided.

In larger developments, community rooms for activities such as owner’s corporation meetings or resident use should be provided and are ideally co-located with communal open space.

Where external galleries are provided, they are more open than closed above the balustrade along their length.

Direct and legible access is provided between vertical circulation points and apartment entries by minimising corridor or gallery length to give short, straight, clear sight lines.

Tight corners and spaces are avoided.

Circulation spaces are capable of being well lit at night and provided with appropriate signage.

 

 

Yes

4G Storage

4G - 1 Adequate, well designed storage is provided in each apartment

Design Criteria

1. In addition to storage in kitchens, bathrooms and bedrooms, the following storage is provided:

a)   Studio apartments =  4m³.

b)   1 bedroom apartments =  6m³.

c)   2 bedroom apartments 8m³.

d)   3+ bedroom apartments = 10m³.

 At least 50% of the required storage is to be located within the apartment.

Storage is accessible from either circulation or living areas.

Storage provided on balconies (in addition to the minimum balcony size) is integrated into the balcony design, weather proof and screened from view from the street.

Left over space such as under stairs is used for storage

Storage amount, locations and design are acceptable.

Yes

4G - 2 Additional storage is conveniently located, accessible and nominated for individual apartments

Storage not located in apartments is secure and clearly allocated to specific apartments.

Storage is provided for larger and less frequently accessed items.

Storage space in internal or basement car parks is provided at the rear or side of car spaces or in cages so that allocated car parking remains accessible.

If communal storage rooms are provided they should be accessible from common circulation areas of the building.

Storage not located in an apartment is integrated into the overall building design and is not visible from the public domain.

Basement storage is accessible in the basement.

Storage has been integrated into the design.

Yes

4H Acoustic privacy

4H - 1 Noise transfer is minimised through the siting of buildings and building layout

Adequate building separation is provided within the development and from neighbouring buildings/adjacent uses (see also section 2F Building separation and section 3F Visual privacy).

Window and door openings are generally orientated away from noise sources.

Noisy areas within buildings including building entries and corridors should be located next to or above each other and quieter areas next to or above quieter areas.

Storage, circulation areas and non-habitable rooms should be located to buffer noise from external sources.

The number of party walls (walls shared with other apartments) are limited and are appropriately insulated.

Noise sources such as garage doors, driveways, service areas, plant rooms, building services, mechanical equipment, active communal open spaces and circulation areas should be located at least 3m away from bedrooms.

The use of separation, screening and having high use living areas face adjoining low use non habitable rooms (i.e. bathrooms) ensures no adverse acoustic issues. Living areas are also grouped throughout the levels of the building.

Other acoustic provisions of ADG have been suitably implemented.

Yes

4H - 2 Noise impacts are mitigated within apartments through layout and acoustic treatments

Internal apartment layout separates noisy spaces from quiet spaces, using a number of the following design solutions:

-     rooms with similar noise requirements are grouped together

-     doors separate different use zones

-     wardrobes in bedrooms are co-located to act as sound buffers

Where physical separation cannot be achieved noise conflicts are resolved using the following design solutions:

-     double or acoustic glazing

-     acoustic seals • use of materials with low noise penetration properties

-     continuous walls to ground level courtyards where they do not conflict with streetscape or other amenity requirements

Internal apartment layouts satisfactorily separate noisy spaces from quiet spaces.

Yes

4J Noise and pollution

4J - 1 In noisy or hostile environments the impacts of external noise and pollution are minimised through the careful siting and layout of buildings

To minimise impacts the following design solutions may be used:

-     physical separation between buildings and the noise or pollution source

-     residential uses are located perpendicular to the noise source and where possible buffered by other uses

-     non-residential buildings are sited to be parallel with the noise source to provide a continuous building that shields residential uses and communal open spaces

-     non-residential uses are located at lower levels vertically separating the residential component from the noise or pollution source. Setbacks to the underside of residential floor levels should increase relative to traffic volumes and other noise sources

-     buildings should respond to both solar access and noise. Where solar access is away from the noise source, non habitable rooms can provide a buffer

-     where solar access is in the same direction as the noise source, dual aspect apartments with shallow building depths are preferable (see figure 4J.4)

Development design has implemented and had satisfactory regard for ADG requirements.

It should be noted that fencing, screening, level differences relating the streets etc have also been utilised to provide protection from noise sources.

Yes

4J - 2 Appropriate noise shielding or attenuation techniques for the building design, construction and choice of materials are used to mitigate noise transmission

Design solutions to mitigate noise include:

-     limiting the number and size of openings facing noise sources

-     providing seals to prevent noise transfer through gaps

-     using double or acoustic glazing, acoustic louvres or enclosed balconies (wintergardens)

-     using materials with mass and/or sound insulation or absorption properties e.g. solid balcony balustrades, external screens and soffits

Development design has implemented and had regard for ADG requirements.

A specific Noise Impact report has been submitted as addressed under clause 7.9 of the LEP which is satisfactory subject to implementing its recommendations.

Yes

4K Apartment mix

4K - 1 A range of apartment types and sizes is provided to cater for different household types now and into the future

A variety of apartment types is provided The apartment mix is appropriate, taking into consideration:

-     the distance to public transport, employment and education centres

-     the current market demands and projected future demographic trends

-     the demand for social and affordable housing

-     different cultural and socioeconomic groups

Flexible apartment configurations are provided to support diverse household types and stages of life including single person households, families, multi-generational families and group households.

A suitable variety of apartment mix is provided. The units provide for singles, couples and small families.

Yes

4K - 2 The apartment mix is distributed to suitable locations within the building

Different apartment types are located to achieve successful facade composition and to optimise solar access (see figure 4K.3).

Larger apartment types are located on the ground or roof level where there is potential for more open space and on corners where more building frontage is available.

Location of apartments provides acceptable compliance with ADG.

The ground and top floor apartments contain reasonably large apartment areas.

Yes

4L Ground floor apartments

4L - 1 Street frontage activity is maximised where ground floor apartments are located

Direct street access should be provided to ground floor apartments.

Activity is achieved through front gardens, terraces and the facade of the building. Design solutions may include:

-     both street, foyer and other common internal circulation entrances to ground floor apartments

-     private open space is next to the street

-     doors and windows face the street

Retail or home office spaces should be located along street frontages.

Ground floor apartment layouts support small office home office (SOHO) use to provide future opportunities for conversion into commercial or retail areas. In these cases provide higher floor to ceiling heights and ground floor amenities for easy conversion.

Direct street access to ground floor units proposed where street frontage and to connectivity pathways provided along eastern side of the site.

Ground floor café proposed on northern side of the building.

Design of ground floor dwellings could be converted to allow for future home office use.

Yes

4L - 2 Design of ground floor apartments delivers amenity and safety for residents

Privacy and safety should be provided without obstructing casual surveillance. Design solutions may include:

-     elevation of private gardens and terraces above the street level by 1-1.5m (see figure 4L.4)

-     landscaping and private courtyards

-     window sill heights that minimise sight lines into apartments

-     integrating balustrades, safety bars or screens with the exterior design

Solar access should be maximised through:

-     high ceilings and tall windows

-     trees and shrubs that allow solar access in winter and shade in summer

The use of elevation, fencing, screening and landscaping provides a suitable mixture of privacy and surveillance.

Solar access will not be adversely inhibited.

Yes

4M Facades

4M - 1 Building facades provide visual interest along the street while respecting the character of the local area

Design solutions for front building facades may include:

-     a composition of varied building elements

-     a defined base, middle and top of buildings

-     revealing and concealing certain elements

-     changes in texture, material, detail and colour to modify the prominence of elements

Building services should be integrated within the overall façade.

Building facades should be well resolved with an appropriate scale and proportion to the streetscape and human scale. Design solutions may include:

-     well composed horizontal and vertical elements

-     variation in floor heights to enhance the human scale

-     elements that are proportional and arranged in patterns

-     public artwork or treatments to exterior blank walls

-     grouping of floors or elements such as balconies and windows on taller buildings

Building facades relate to key datum lines of adjacent buildings through upper level setbacks, parapets, cornices, awnings or colonnade heights.

Shadow is created on the facade throughout the day with building articulation, balconies and deeper window reveals.

The building façade contains suitable elements that comply with ADG requirements.

Yes

4M - 2 Building functions are expressed by the facade

Building entries should be clearly defined.

Important corners are given visual prominence through a change in articulation, materials or colour, roof expression or changes in height.

The apartment layout should be expressed externally through facade features such as party walls and floor slabs

Entries are satisfactorily defined.

The building provides suitable articulation and expression for this corner site.

Yes

4N Roof design

4N - 1 Roof treatments are integrated into the building design and positively respond to the street

Roof design relates to the street. Design solutions may include:

-     special roof features and strong corners

-     use of skillion or very low pitch hipped roofs

-     breaking down the massing of the roof by using smaller elements to avoid bulk

-     using materials or a pitched form complementary to adjacent buildings

Roof treatments should be integrated with the building design. Design solutions may include:

-     roof design proportionate to the overall building size, scale and form

-     roof materials compliment the building

-     service elements are integrated

Roof design is acceptable.

Bulk of the roof has been minimised.

Yes

4N - 2 Opportunities to use roof space for residential accommodation and open space are maximised

Habitable roof space should be provided with good levels of amenity. Design solutions may include:

-     penthouse apartments

-     dormer or clerestory windows

-     openable skylights

Open space is provided on roof tops subject to acceptable visual and acoustic privacy, comfort levels, safety and security considerations.

Penthouse apartments are proposed with large balconies.

Privacy below the top floor retained via roof areas over the lower balconies.

Yes

4N - 3 Roof design incorporates sustainability features

Roof design maximises solar access to apartments during winter and provides shade during summer. Design solutions may include:

-     the roof lifts to the north

-     eaves and overhangs shade walls and windows from summer sun.

Skylights and ventilation systems should be integrated into the roof design

Roof design provides suitable shading and solar access. Balcony and balcony roof areas provide additional shading to lower areas.

Yes

4O Landscape design

4O - 1 Landscape design is viable and sustainable

Landscape design should be environmentally sustainable and can enhance environmental performance by incorporating:

-     diverse and appropriate planting

-     bio-filtration gardens

-     appropriately planted shading trees

-     areas for residents to plant vegetables and herbs

-     composting

-     green roofs or walls

Ongoing maintenance plans should be prepared.

Microclimate is enhanced by:

-     appropriately scaled trees near the eastern and western elevations for shade

-     a balance of evergreen and deciduous trees to provide shading in summer and sunlight access in winter

-     shade structures such as pergolas for balconies and courtyards

Tree and shrub selection considers size at maturity and the potential for roots to compete (see Table 4)

Table 4 requires

-     For site area up to 850m² = 1 medium tree per 50m² of deep soil zone

-     Between 850 - 1,500m² = 1 large tree or 2 medium trees per 90m² of deep soil zone

-     Greater than 1,500m² =  1 large tree or 2 medium trees per 80m² of deep soil zone

Suitable landscape plan provided that allows a range of plantings and potential for limited stormwater detention.

 

Yes

4O - 2 Landscape design contributes to the streetscape and amenity

Landscape design responds to the existing site conditions including:

-     changes of levels

-     views

-     significant landscape features including trees and rock outcrops

Significant landscape features should be protected by:

-     tree protection zones (see figure 4O.5)

-     appropriate signage and fencing during construction

Plants selected should be endemic to the region and reflect the local ecology

Suitable landscaping plan provided that will allow variation in species type and size conducive to the size of the development.

 

Yes

4P Planting on structures

4P - 1 Appropriate soil profiles are provided

Structures are reinforced for additional saturated soil weight

Soil volume is appropriate for plant growth, considerations include:

-     modifying depths and widths according to the planting mix and irrigation frequency

-     free draining and long soil life span

-     tree anchorage

Minimum soil standards for plant sizes should be provided in accordance with Table 5.

Table 5 requires

-     Large trees 12-18m high, up to 16m crown spread at maturity = need 150m³ of soil at a depth of 1,200mm and area of 10m x 10m or equivalent.

-     Medium trees 8-12m high, up to 8m crown spread at maturity = need 35m³ of soil at a depth of 1,000mm and area of 6m x 6m or equivalent.

-     Small trees 6-8m high, up to 4m crown spread at maturity = need 9m³  of soil at a depth of 800mm and area of 3.5m x 3.5m or equivalent.

-     Shrubs need soil depth of 500-600mm

-     Ground cover needs soil depth of 300-450mm

-     Turf needs soil depth of 200mm

Appropriate soil profiles can be provided for proposed landscaping.

Yes - capable

4P - 2 Plant growth is optimised with appropriate selection and maintenance

Plants are suited to site conditions, considerations include:

-     drought and wind tolerance

-     seasonal changes in solar access

-     modified substrate depths for a diverse range of plants

-     plant longevity

A landscape maintenance plan is prepared.

Irrigation and drainage systems respond to:

-     changing site conditions

-     soil profile and the planting regime

-     whether rainwater, stormwater or recycled grey water is used

Specific detail can be provided at CC stage. Indicative landscaping details submitted.

Yes - capable

4P - 3 Planting on structures contributes to the quality and amenity of communal and public open spaces

Building design incorporates opportunities for planting on structures. Design solutions may include:

-     green walls with specialised lighting for indoor green walls

-     wall design that incorporates planting

-     green roofs, particularly where roofs are visible from the public domain

-     planter boxes

Note: structures designed to accommodate green walls should be integrated into the building facade and consider the ability of the facade to change over time

Building design incorporates landscape planting on structures.

Yes

4Q Universal design

4Q - 1 Universal design features are included in apartment design to promote flexible housing for all community members

Developments achieve a benchmark of 20% of the total apartments incorporating the Liveable Housing Guideline's silver level universal design features

20% of 41 units = 8.2 units required to be ‘Liveable’.

The Applicant has provided 1 adaptable Unit on the ground floor – Unit type B. All units are capable of being made more ‘Liveable’ if required.

Yes

4Q - 2 A variety of apartments with adaptable designs are provided

Adaptable housing should be provided in accordance with the relevant council policy Design solutions for adaptable apartments include:

-     convenient access to communal and public areas

-     high level of solar access

-     minimal structural change and residential amenity loss when adapted

-     larger car parking spaces for accessibility

-     parking titled separately from apartments or shared car parking arrangements

Building design allows adaptability to enable compliance with ADG requirements.

Yes

4Q - 3 Apartment layouts are flexible and accommodate a range of lifestyle needs

Apartment design incorporates flexible design solutions which may include:

-     rooms with multiple functions

-     dual master bedroom apartments with separate bathrooms

-     larger apartments with various living space options

-     open plan ‘loft’ style apartments with only a fixed kitchen, laundry and bathroom

Apartment design allows for flexible room usage.

Yes

4S Mixed use

4S – 1 Mixed use developments are provided in appropriate locations and provide active street frontages that encourage pedestrian movement

Mixed use development concentrated around public transport and centres.

Mixed use developments positively contribute to the public domain.

 

The proposal includes a mixed use development with ground floor café tenancy and residential flat building behind and above.

The café will provide an active frontage to the new proposed main street – Ocean Boulevard.

Yes

4S - 2 Residential levels of the building are integrated within the development, and safety and amenity is maximised for residents

Residential circulation areas should be clearly defined. Design solutions may include:

-     residential entries are separated from commercial entries and directly accessible from the street

-     commercial service areas are separated from residential components

-     residential car parking and communal facilities are separated or secured

-     security at entries and safe pedestrian routes are provided

-     concealment opportunities are avoided

Landscaped communal open space should be provided at podium or roof levels.

Satisfactory residential circulation areas should be clearly defined.

Proposed café is separately accessible externally with likely proposed back of house area.

 

 

Yes

4U Energy efficiency

4U - 1 Development incorporates passive environmental design

Adequate natural light is provided to habitable rooms (see 4A Solar and daylight access).

Well located, screened outdoor areas should be provided for clothes drying

Location of balconies and open space receive a satisfactory level of solar access.

Yes

4U - 2 Development incorporates passive solar design to optimise heat storage in winter and reduce heat transfer in summer

A number of the following design solutions are used:

-     the use of smart glass or other technologies on north and west elevations

-     thermal mass in the floors and walls of north facing rooms is maximised

-     polished concrete floors, tiles or timber rather than carpet

-     insulated roofs, walls and floors and seals on window and door openings

-     overhangs and shading devices such as awnings, blinds and screens

Provision of consolidated heating and cooling infrastructure should be located in a centralised location (e.g. the basement)

BASIX certificate provided.

Provisions provided in the design or can be retrospectively applied.

Yes

4U - 3 Adequate natural ventilation minimises the need for mechanical ventilation

A number of the following design solutions are used:

-     rooms with similar usage are grouped together

-     natural cross ventilation for apartments is optimised

-     natural ventilation is provided to all habitable rooms and as many non-habitable rooms, common areas and circulation spaces as possible

All the units are provided with a sufficient number of openings and allowances for ventilation.

Yes

4V Water management and conservation

4V - 1 Potable water use is minimised

Water efficient fittings, appliances and wastewater reuse should be incorporated.

Apartments should be individually metered.

Rainwater should be collected, stored and reused on site.

Drought tolerant, low water use plants should be used within landscaped areas

BASIX certificate provided.

Apartments are individually required to be individually metered.

Rainwater collection is not proposed – refer BASIX certificate.

A satisfactory concept landscaping plan has been submitted. A specific detailed landscaping plan will be required to be submitted prior to issue of a construction certificate.

Yes

4V - 3 Flood management systems are integrated into site design

Detention tanks should be located under paved areas, driveways or in basement car parks.

On large sites parks or open spaces are designed to provide temporary on site detention basins.

Rainwater collection is not proposed – refer BASIX certificate.

 

N/A

4W Waste management

4W - 1 Waste storage facilities are designed to minimise impacts on the streetscape, building entry and amenity of residents

Adequately sized storage areas for rubbish bins should be located discreetly away from the front of the development or in the basement car park.

Waste and recycling storage areas should be well ventilated.

Circulation design allows bins to be easily manoeuvred between storage and collection points.

Temporary storage should be provided for large bulk items such as mattresses.

A waste management plan should be prepared

Suitable sized basement garbage storage proposed.

Garbage area located in the basement out of site and accessible to occupants.

Private collection required and to be recommended to be conditioned.

Ventilation provided.

Yes

4W - 2 Domestic waste is minimised by providing safe and convenient source separation and recycling

All dwellings should have a waste and recycling cupboard or temporary storage area of sufficient size to hold two days worth of waste and recycling.

Communal waste and recycling rooms are in convenient and accessible locations related to each vertical core.

For mixed use developments, residential waste and recycling storage areas and access should be separate and secure from other uses.

Alternative waste disposal methods such as composting should be provided

A waste and recycling cupboard or temporary storage area of sufficient size to hold two days worth of waste and recycling can be provided for within all dwellings.

Communal waste area is located in basement off the vertical cores.

Yes - capable

4X Building maintenance

4X - 1 Building design detail provides protection from weathering

A number of the following design solutions are used:

-     roof overhangs to protect walls

-     hoods over windows and doors to protect openings

-     detailing horizontal edges with drip lines to avoid staining of surfaces

-     methods to eliminate or reduce planter box leaching

-     appropriate design and material selection for hostile locations

Design contains satisfactory weather protection measures.

Yes

4X - 2 Systems and access enable ease of maintenance

Window design enables cleaning from the inside of the building.

Building maintenance systems should be incorporated and integrated into the design of the building form, roof and façade.

Design solutions do not require external scaffolding for maintenance access.

Manually operated systems such as blinds, sunshades and curtains are used in preference to mechanical systems.

Centralised maintenance, services and storage should be provided for communal open space areas within the building.

No specific details provided on likely maintenance.

Except for some southern windows, the majority of windows could be accessed via balconies/extension poles.

Scaffolding or abseiling equipment maybe required for maintenance if required.

Centralised maintenance, services and storage provided for within communal open space areas.

Yes – capable

4X - 3 Material selection reduces ongoing maintenance costs

A number of the following design solutions are used:

-     sensors to control artificial lighting in common circulation and spaces

-     natural materials that weather well and improve with time such as face brickwork

-     easily cleaned surfaces that are graffiti resistant

-     robust and durable materials and finishes are used in locations which receive heavy wear and tear, such as common circulation areas and lift interiors

Specific material selection can be applied in detail during construction process.

Yes - capable

Clause 30(1), states that consent cannot be refused on the following grounds if the development satisfies the relevant design criteria:

(a)   if the car parking for the building will be equal to, or greater than, the recommended minimum amount of car parking specified in Part 3J of the Apartment Design Guide,

(b)   if the internal area for each apartment will be equal to, or greater than, the recommended minimum internal area for the relevant apartment type specified in Part 4D of the Apartment Design Guide,

(c)   if the ceiling heights for the building will be equal to, or greater than, the recommended minimum ceiling heights specified in Part 4C of the Apartment Design Guide.

 

As noted in the above assessment, the proposed development satisfies the relevant design criteria for car parking, internal area and ceiling heights and consent is not proposed to be refused on any of these grounds.

 

Clause 30(2), states that development consent must not be granted if, in the opinion of the consent authority, the development does not demonstrate that adequate regard has been given to:

(a)  the design quality principles, and

(b)  the objectives specified in the Apartment Design Guide for the relevant design criteria.

 

The above assessment tables demonstrates that adequate regard has been given to the provisions of the SEPP and ADG.

 

Further to the above assessment, Clauses 143A and 154A of the Environmental Planning and Assessment Regulation 2000 require a certifying authority not issue a construction certificate for the development unless the certifying authority has received the statement by the qualified designer verifying that the development achieves compliance with the design quality principles at the construction certificate and occupation certificate. Compliance with Clauses 143A and 154A will form conditions of consent.

 

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 PM-H LEP 2011, the proposed development will not result in any of the following:

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

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

c)         any adverse impacts on flora and fauna;

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

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

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

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

h)         adverse cumulative impacts on the environment;

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

 

The site and locality is zoned for medium to high density residential and mixed use developments.

 

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

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

 

State Environmental Planning Policy (Major Development) 2005

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

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 B4 mixed use, R3 medium density residential, RE1 public recreation and R1 general residential. The proposed new building is to be located in the B4 zone. In accordance with clause 2.3(1) and the B4 zone land use table, the proposed development for a residential flat building and café in the B4 zone is a permissible land use with consent.

 

The objectives of the B4 zone are as follows:

•   To provide a mixture of compatible land uses.

•   To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

•   To ensure that new developments make a positive contribution to the public domain and streetscape.

 

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 land use;

The development will provide medium to high density residential apartments to meet the housing needs of the community;

The proposal has regard to the desired character of the street and supports active and safe use at the pedestrian level.

 

·     Clause 4.3, this clause establishes the maximum “height of a building” (or building height) that a building may be built to on any parcel of land. The term “building height (or height of building)” is defined in the LEP to mean “the vertical distance between ground level (existing) and the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like”. The term “ground level (existing)” is also defined in the LEP to mean “the existing level of a site at any point”.

 

The building height limit for the site is identified on the Height of Buildings Map as being 14.5m (for the section of site to which the new building is proposed upon). The majority of the built form complies with the standard. However, there are some protrusions of the top floor roof that exceed the height limit by up to 0.87m to a maximum 15.37m in building height. Refer to below image, which demonstrates the areas of the building that exceed the height limit. It should be noted that the height of the building has been reduced and more clarification of existing ground levels have been provided.

 

 

 

·   Clause 4.1, the proposed boundary adjustment relating to the two (2) torrens title lots complies with the 1000m² minimum Lot size requirements. The minimum lot size provisions do not apply to strata subdivision component of the proposal as per Clause 4.1(4).

·   Clause 4.4, the floor space ratio (FSR) of the proposal is 1.5:1 which complies with the maximum 1.5:1 floor space ratio applying to the site. The Applicant has amended the proposal during the assessment of the application to propose a boundary adjustment between the existing Lots 167 and 168 which has resulted in an amended compliant calculation for the floor space ratio of the proposal.

·   Clause 4.6, consent must not be granted for a proposal that contravenes a development standard unless the consent authority has considered a written request from the applicant that justifies the variation by showing that the subject standard is unreasonable or unnecessary and that there are sufficient environmental planning grounds to justify the contravening of the standard.

 

As a result of the above, the Applicant has submitted a Clause 4.6 variation to the standard based on the following summarised reasons:

1.   The areas of non-compliance are limited and not throughout the entire development.

2.   The non-compliance is primarily restricted to the lift overruns and two small portions of the roof of the upper floor only, which is stepped in from the levels below.

3.   The exceedance relates to 6% over the height limit at the worst points.

4.   The site fall contributes to the variation in small parts of the building, as well as the need for a lift overrun to extend above the normal roof line. The building has been steps in the middle to minimise the extent of variation.

5.   No amenity or bulk issues relate from the non-compliance and as such strict compliance would not achieve an added benefit.

6.   The development remains generally in keeping with the envisaged bulk and scale for the area. The overall design is of a high standard and the reduced footprint of the upper level assists in minimising bulk.

7.   The minor non-compliances would not be discernible from the public domain.

8.   Strict compliance would require additional cut which would have a greater impact on the public domain and amenity for the ground level.

9.   There is no public benefit in strict compliance in this instance.

 

Having considered the application and Clause 4.6 variation, the proposal will have limited impact on the environment as per the reasons identified by the Applicant above. In addition, it is also considered that the development:

·   The topmost level is set in from the primary façade of the lower 4 levels.

·   The building is stepped across the site to respond to the topography.

·   Will provide a height that meets the existing and proposed future character of the area.

·   The development contains significant sections of compliance with the standard.

·   Compliance with the standard would be unreasonable in this case given the minor nature of the variations proposed and compliance with the FSR.

·   The development is consistent with the zoning and height objectives of the LEP 2011 and is unlikely to have any implications on State related issues or the broader public interest.

·   The floor to ceiling heights are not excessive.

·   There is public interest in the efficient use of land within proximity to existing services and infrastructure. Such development encourages walking, cycling and use of public transport and decreases ongoing maintenance costs for public infrastructure compared to lower density residential development. The height of the building has helped maximise the FSR and true development potential of the property.

·   The variations will not be readily visible due to the minor nature of the 6% variation.

·   The development complies with the FSR requirement, which is an indicator of bulk and scale.

·   There will be negligible public domain impact.

·   The development is well articulated which further reduces the bulk of the building.

 

In considering the height variation, compliance with the objectives of Clause 4.3 of the LEP have been considered below:

 

(a) to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,

 

Comment:

The proposed building height varies across the site. The building presents as a 5 storey building which is stepped down the site responding to the site topography.

 

The top level of the building is set in from the sides of the levels below and the majority of the building is within the recommended building height.

 

The proposed height, bulk and scale of the development is considered compatible with the desired future character of the locality notwithstanding the sections of the roof of the building encroaching partially above the 14.5m standard height limit.

 

(b)  to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development,

 

 

 

Comment:

The proposed development and minor height variation is unlikely to create any adverse view loss or overshadowing.

 

Potential privacy impacts have been satisfactorily addressed in the building design.

 

(c)  to minimise the adverse impact of development on heritage conservation areas and heritage items,

 

Comment:

The site does not contain any known heritage items or sites of significance.

 

(d)  to nominate heights that will provide a transition in built form and land use intensity within the area covered by this Plan.

 

Comment:

The proposed height is considered to be consistent with the future strategic heights for the locality. The minor variations do not compromise this intent.

 

As per the Department of Planning and Environment’s Planning Circulars PS 08-003 & 08-014, Council can assume the Director’s Concurrence for variations to height limits. In addition, the variation is less than 10% and able to be determined by DAP, which provides transparency to the decision.

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

·    Clause 5.10, the site does not contain any known heritage items or sites of significance.

·    Clause 7.7, a controlled activity approval shall be obtained from the airport operator for any crane that may be used during the construction phase that would penetrate the Obstacle Limitation Surface (OLS) for the Port Macquarie Airport. To avoid any doubt as to whether an approval is required, Applicants should check with the airport operator at the earliest possible stage. An appropriate condition is recommended in this regard.

·    Clause 7.9, the LEP maps identify this part of the site as being subject to Acoustic Controls, most likely as it is at the top of the site, with the remainder falling away towards the beach. The Part 3A Concept Approval included an Acoustic Report prepared by Heggies. The Applicant has submitted details that this report has been reviewed and a site specific Acoustic Report has been prepared by Matrix Thornton which has regard to the specific of Lot 167 and the proposed building.

 

Based on predictions for 2029, as considered in the Traffic Noise Impact Assessment prepared by Heggies, Report 30-139-R1, Revision 1:

·   Residences on the west façade, and on some levels on the north facade require Category 2 materials. All other residences will have satisfactory internal noise levels using Category 1 materials.

·   Mechanical ventilation is not required to meet the noise goals.

 

The submitted Matrix Thornton report has been assessed as being satisfactory and appropriate conditions are recommended to ensure compliance with its recommendations.

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

 

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

 

The proposal is not inconsistent with any of the proposed provisions of the Draft State Environmental Planning Policy (Coastal Management) 2016.

 

(iii)    any Development Control Plan in force:

 

Port Macquarie-Hastings Development Control Plan 2013

 

Residential Flat Development, Tourist and Visitor Accommodation and Mixed Use Development

DCP Objective

Development Provisions

Proposed

Complies

3.3.2.2

Satisfactory site analysis plan submitted.

Satisfactory site analysis plan submitted.

Yes

3.3.2.3

Statement addressing site attributes and constraints submitted.

Statement addressing site attributes and constraints submitted.

Yes

3.3.2.4

Streetscape and front setback:

·    Within 20% of the average setback of the adjoining buildings.

·    3m setback to all frontages if no adjoining development.

·    2m setback to secondary frontages.

·    Max. 9m setback for tourist development to allow for swimming pool.

Minimal setback proposed and the site is zoned B4 mixed use business. The front setbacks are varied with a zero front setback to the future main street – proposed Ocean Blue Boulevard, a minimum approximate 2.6m setback to Seaside drive and a minimum approximate 2.7m setback to proposed Whitewater Terrace. The site is also a corner site.

N/A – commercial zoned site

3.3.2.5

Balconies and building extrusions can encroach up to 600mm into setback.

N/A

N/A

Buildings generally aligned to street boundary.

Buildings generally aligned to street boundaries

Yes

Primary openings aligned to street boundary or rear of site.

Primary openings aligned to street boundaries

Yes

3.3.2.6

Side setbacks comply with Figure 3.3-1:

·    Min. Side setback 1.5m for 75% of building depth.

·    Windows on side walls min. 3m from side boundary.

·    3m minimum where adjacent to existing strata titled building.

Side setback to the east greater than 3m

Yes

Min. 6m rear setback (including sub basements)

No rear setback for property as it is a corner allotment.

Yes

3.3.2.11

Deep soil zones:

·    Extend the width of the site and have minimum depth of 6m.

·    Are contiguous across sites and within sites (see Fig 3.3-4).

423m² of deep soil zone or 16.7% of the site area is proposed.

The location of the deep soil zone is satisfactory noting the site is a corner allotment with no rear boundary.

Yes

3.3.2.12

Deep soil zones accommodate existing advanced trees, and allow for advanced tree planting.

Deep soil zones can accommodate for advanced tree planting.

Yes

3.3.2.13

Deep soil zones integrated with stormwater management measures.

Deep soil zones are capable to have integrated stormwater management measures.

Yes

3.3.2.14

Sunlight to the principal area of ground-level private open space of adjacent properties should not be reduced to less than 3 hours between 9.00am and 3.00pm on June 22.

No existing dwellings constructed on neighbouring properties as yet. Overshadowing address later in this report.

N/A

Where existing overshadowing by buildings and fences is greater than this, sunlight should not be reduced by more

than 20%.

 

Buildings should not reduce the sunlight available to the windows of living areas that face north in existing adjacent dwellings to less than the above specification.

 

3.3.2.15

Internal clothes drying space provided (not mechanical).

No internal clothes drying space. Considered no mandatory.

N/A

Ceiling fans provided in preference to air conditioning.

N/A – refer BASIX

N/A

Solar hot water systems (or equivalent technology) provided.

N/A – refer BASIX

N/A

Photovoltaic arrays installed where practical.

The plans reference a 11.0 peak kilowatt system photovoltaic system to be installed.

Yes

3.3.2.16

Landscape plan provided including:

·    35% soft landscaping with minimum width of 3m.

·    Existing vegetation and proposed treatment.

·    Details of hard landscaping.

·    Location of communal recreational facilities.

·    Species not to obscure doors, paths, etc.

·    Street trees in accordance with Council’s list.

Satisfactory concept landscape plan submitted. Condition recommended to required detailed landscaping plan. It is noted that the proposed main street for the future village – proposed Ocean Blue Boulevard has a development consent in place of the road itself conceptually with specific details for construction including landscaping to be submitted prior to issue of a Construction Certificate for that road. These two landscape elements will be required to be integrated with each other.

Yes

3.3.2.17

Existing vegetation to be retained and nutrient-rich water prevented from entering native gardens.

No existing vegetation on-site.

N/A

3.3.2.18

Landscape plan to demonstrate how trees and vegetation contribute to energy efficiency and prevent winter shading on neighbouring properties.

Satisfactory concept landscaping plan submitted. Condition recommended to submit a detailed landscaping plan prior to the issue of a Construction Certificate.

Yes

3.3.2.19

Street trees in accordance with Council’s list.

A condition is recommended to require more details on landscaping prior to issue of a Construction Certificate

Yes - capable

3.3.2.22

Fencing or landscaping defines public/communal and private open space.

Fencing or landscaping defines public/communal and private open space.

Yes

3.3.2.23

Solid fences should be:

·    Max. 1.2m high,

·    Setback 1m,

·    Suitably landscaped,

·    Provide 3m x 3m splay.

N/A

N/A

Where front fences higher than 1.2m:

·    Max. 1.8m high,

·    Landscaped recesses for 50% of frontage, or length of fence not more than 6m or 50% of street frontage.

·    Min. 25% transparent,

·    3m x 3m splay for corner sites.

·    900mm x 900mm splay at vehicle driveways.

1.5m high fences proposed setback from the front boundary with landscaping and transparency in fencing.

Yes

3.3.2.24

Fencing materials consistent with or complimentary to existing fencing in the street.

No existing fencing in the existing streets.

N/A

3.3.2.25

Fences constructed of chain wire, solid timber or masonry and solid street not permitted, even if consistent with existing fencing in the locality.

N/A

N/A

3.3.2.26

Building to be designed so that:

·    Busy, noisy areas face the street.

·    Quiet areas face the side or rear of the lot.

·    Bedrooms have line of site separation of at least 3m from parking areas, streets and shared driveways.

Building designed so that:

·    Busy, noisy areas face the street.

·    Bedrooms have line of satisfactory site separation from parking areas, streets and shared driveways.

Yes

Openings of adjacent dwellings separated by at least 6m.

No existing dwellings within 6m of the proposed building.

Yes

3.3.2.27

Building designed so noise transmission between apartments is minimised.

Building designed so noise transmission between apartments is minimised.

Yes

Uses are to be coupled internally and between apartments i.e. noisy internal and noisy external spaces should be placed together. (See Figure 3.3-6).

Uses are to be coupled internally and between apartments.

Yes

3.3.2.28

Development complies with AS/NZS2107:2000 Acoustic – Recommended design sound levels and reverberation times for building interiors for residential development.

A Noise Impact Assessment report has been submitted which is satisfactory. Refer to this matter addressed later in this report under addressed in detail under clause 7.9 of the LEP.

Yes – capable subject to conditions

3.3.2.29

Impact of noise from key public places to be considered.

3.3.2.31

Developments to be designed in accordance with AS 1428.

Development capable of compliance with the design requirements of AS 1428. Specific details required to be submitted with the application for Construction Certificate

Yes

3.3.2.32

Barrier free access to at least 20% of dwellings provided.

Barrier free access to all dwellings provided.

Yes

3.3.2.33

Developments located close to open space, recreation, entertainment and employment.

The proposal is located on a site which has been planned for a new Village centre at an appropriate high density

Yes

Where LEP permits FSR > 1:1, FSR not less than 1:1 should be achieved.

FSR greater than 1:1 proposed.

Yes

3.3.2.34

Variety of types - studio, 1, 2, 3 and 3+ bedroom apartments

A variety of dwelling types are proposed

Yes

Studio and 1 bedroom apartments not > 20% of total number of apartments.

Only 1 x 1 bedroom apartment proposed

Yes

Mix of 1 and 3 bedroom apartments at ground level.

Mix of 1 and 3 bedroom apartments at ground level.

Yes

3.3.2.35

Council’s Affordable Housing Strategy to be considered for residential flat buildings.

A mix of dwelling types are proposed.

Yes

3.3.2.36

Lift over-runs and plant integrated within roof structures.

Lift over-runs and plant integrated within roof structures.

Yes

Outdoor recreation areas on roof tops to be landscaped and incorporate shade structures and wind screens.

No common outdoor recreation area on rooftop. Penthouse apartments have private outdoor recreation areas on rooftop of Level 3.

More details of landscaping can be provided prior to issue of a Construction Certificate.

Yes

Outdoor roof areas oriented to the street.

Private outdoor roof areas oriented to the street.

Yes

Roof design to generate interesting skyline.

Roof design will generate an interesting skyline.

Yes

3.3.2.37

Facade composition should:

·    Have balance of horizontal and vertical elements.

·    Respond to environmental and energy needs.

·    Incorporate wind mitigation.

·    Reflect uses within the buildings.

·    Include combination of building elements.

Facade composition:

·    provides a balance of horizontal and vertical elements.

·    responds to environmental and energy needs.

·    incorporates wind mitigation.

·    reflect uses within the buildings.

·    includes a combination of building elements.

Yes

3.3.2.38

Building elements, materials and colours consistent or complimentary to those existing in the street.

Building elements, materials and colours consistent or complimentary to those existing in the street.

Yes

3.3.2.39

Entrances clearly identifiable from street level.

Entrances clearly identifiable from street level.

Yes

Entries provide clear transition between public street and shared private circulation spaces/apartments.

Entries provide clear transition between public street and shared private circulation spaces/apartments.

Yes

Entries provide clear line of sight between one circulation space and the next.

Entries provide clear line of sight between one circulation space and the next.

Yes

Entries avoid ambiguous and publicly accessible small spaces in entry areas.

Entries avoid ambiguous and publicly accessible small spaces in entry areas.

Yes

Entries sheltered and well lit.

Entries sheltered and well lit.

Yes

Entries and circulation spaces sized for movement of furniture.

Entries and circulation spaces sized for movement of furniture.

Yes

Lobby width minimum 2.5m wide and 3.0m high.

Lobby width > minimum 2.5m width however 2.8m height approximately

Yes * No* minor variation of 0.2m in height acceptable given two lobbies proposed and well designed with natural light and ventilation available

Corridor lengths minimised and avoid tight corners.

Corridor lengths minimised and avoid tight corners.

Yes

Longer corridors articulated by:

·    Changing direction and width.

·    Utilising series of foyers.

·    Incorporating windows.

Longer corridors articulated by changing direction and windows are provided.

 

Yes

3.3.2.40

Minimum 1 balcony per apartment.

1 balcony per apartment.

Yes

Main balcony accessible from living area.

Main balcony accessible from living areas.

Yes

Balconies take advantage of favourable climatic conditions.

Balconies take advantage of favourable climatic conditions.

Yes

Balconies and balustrades balance privacy and views.

Balconies and balustrades balance privacy and views.

Yes

3.3.2.41

Balconies include sunscreens, pergolas, shutters and operable walls.

Balconies include screens, shutters and satisfactory shading.

Yes

Balconies recessed to create shadowing to facade.

Balconies recessed to create shadowing to facade.

Yes

Solid balustrades discouraged.

Solid balustrades are discouraged but may be considered where it is demonstrated that outlook and privacy is achieved and that there is sufficient articulation or visual interest in the building facade to accommodate the solid element.

yes

Air conditioning units not visible from the street.

No air conditioning units proposed.

N/A

3.3.2.42

Secure open air clothes drying facilities that are:

·    easily accessible,

·    screened from public domain and communal spaces,

·    located with high degree of solar access.

No outdoor clothes drying facilities.

N/A

3.3.2.43

Mailboxes integrated into building design and sighted to ensure accessibility and security.

Mailboxes integrated into building design and sighted to ensure accessibility and security.

Yes

3.3.2.44

Public and private space clearly defined.

Public and private space clearly defined subject to more specific details on landscaping

Yes - capable

Entrances:

·    oriented to public street,

·    provide direct and well lit access between car parks, lift lobbies and unit entrances,

·    optimise security by grouping clusters (max. 8) around a common lobby

Entrances:

·    oriented to public street,

·    provision of direct and capability for well lit access between car parks, lift lobbies and unit entrances,

·    optimise security by grouping clusters around a common lobby

Yes

Surveillance facilitated by:

·    views over public space from living areas,

·    casual views of common internal areas,

·    provision of windows and balconies,

·    separate entries to ground level apartments.

Surveillance facilitated by:

·    views over public space from living areas,

·    casual views of common internal areas,

·    provision of windows and balconies,

·    separate entries to ground level apartments.

Yes

Concealment avoided by:

·    preventing dark or blind alcoves,

·    providing lighting in all common areas,

·    providing graded car parking illumination (greater at entrances).

Concealment avoided by:

·    preventing dark or blind alcoves,

·    providing lighting in all common areas,

·       

Yes

Access to all parts of the building to be controlled.

Access to all parts of the building to be controlled.

Yes

3.3.2.45

Accessible storage provided for tenants in basement car park or garages.

Accessible storage provided for tenants in basement car park or garages.

Yes

One bike stowage space per dwelling provided.

Bicycle storage areas proposed in basement

Yes

3.3.2.46

For developments of < 6 dwellings individual waste management permitted. Designated area to be provided for storage of bins:

·    not visible from street,

·    easily accessible,

·    not adjoining private or communal space, windows or clothes drying areas,

·    on hard stand area,

·    close to street and a tap for washing,

·    maintained free of pests.

Communal bulk waste facilities integrated into development and located at basement level.

 

Yes

Communal bulk waste required where:

·    > 6 dwellings, or

·    Number of bins wouldn’t fit in street frontage, or

·    Topography would make street collection difficult.

Communal bulk waste facilities integrated into development and located at basement level.

 

Yes

Communal bulk waste facilities integrated into development and located at ground or sub-basement level.

·    Not visible from street,

·    Easily accessible,

·    Can be serviced by collection vehicles,

·    Not adjoining private or communal space, windows or clothes drying areas,

·    Has water and drainage facilities for cleaning,

·    Maintained free of pests.

Communal bulk waste facilities integrated into development and located at basement level.

 

Yes

Evidence provided that site can be serviced by waste collection service.

Private waste collection proposed and required as a recommended condition of consent.

Yes

3.3.2.47

Common trenching of utility services where possible.

Services capable of being provided to proposal all underground

Yes

Above ground utility infrastructure integrated with building design.

Above ground utility infrastructure required to be integrated with building design. Substation location details are to be provided with the application for construction certificate.

Yes- capable

Site and individual units numbered.

Site and individual units can be appropriately numbered.

Yes - capable

Common aerials and satellite dishes provided.

Common aerials and satellite dishes can be appropriately provided.

Yes - capable

 

DCP 2013: General Provisions

DCP Objective

Development Provisions

Proposed

Complies

2.7.2.2

Design addresses generic principles of Crime Prevention Through Environmental Design guideline:

·    Casual surveillance and sightlines

·    Land use mix and activity generators

·    Definition of use and ownership

·    Lighting

·    Way finding

·    Predictable routes and entrapment locations

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

Yes

2.3.3.1

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

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

Yes

2.3.3.2

1m max. height retaining walls along road frontages

Approximate 1m max. height retaining walls along road frontages stepped to respond to topography

Yes

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

Condition recommended to require engineering certification for project.

Yes

Combination of retaining wall and front fence height

Combination of retaining wall and front fence heights satisfactory

Yes

2.3.3.8 onwards

Removal of hollow bearing trees

No tree removal proposed.

N/A

2.6.3.1

Tree removal (3m or higher with 100mm diameter trunk and 3m outside dwelling footprint

No tree removal proposed.

N/A

2.4.3

Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater

Refer to main body of report.

Yes

2.5.3.2

New accesses not permitted from arterial or distributor roads. Existing accesses rationalised or removed where practical

New access proposed from proposed Whitewater Terrace.

Yes

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

Driveway crossing from future Whitewater Terrace minimal in width including maximising street parking

Yes

2.5.3.3

Off-street parking in accordance with Table 2.5.1:

·    1 space = single dwelling (behind building line) and dual occupancy

·    Medium density – 1 per 1 or 2 bed dwelling or 1.5 per 3-4 bed dwelling + 1 visitor/4 dwellings

N/A refer to parking assessment under the RMS Traffic Generating Guide called up by the SEPP 65 Apartment Design Guideline.

N/A

2.5.3.5

On-street parking permitted subject to justification

On-street parking not reliant upon for required parking provision.

N/A

2.5.3.7

Visitor parking to be easily accessible

Visitor parking easily accessible in basement parking area.

Yes

Parking in accordance with AS 2890.1

Parking and driveway widths on site can comply with relevant Australian Standards (AS 2890) and conditions have been imposed to reflect these requirements. Due to the type of development, car park circulation is required to enable vehicles to enter and exit the site in a forward manner.

Yes - capable

2.5.3.9

Bicycle and motorcycle parking considered and designed generally in accordance with the principles of AS2890.3

Bicycle parking/storage is available within the Basement 2 level. Motorcycles could be parked in this space.

Yes

2.5.3.11

Section 94 contributions

Refer to main body of report.

Yes

2.5.3.12 and 2.5.3.13

Landscaping of parking areas

No specific landscaping of parking areas as basement parking proposed with a private driveway connecting to future Whitewater Terrace.

N/A

2.5.3.14

Sealed driveway surfaces unless justified

Sealed driveway surfaces required

Yes

2.5.3.15

Driveway grades for first 6m of ‘parking area’ shall be 5% grade

(Note AS/NZS 2890.1 permits steeper grades)

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

Yes

2.5.3.16

Transitional grades min. 2m length

2.5.3.17

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

The carparking areas are proposed within basement levels of the building. The access driveway is partly uncovered.

Yes

Vehicle washing facilities – grassed area etc available.

No vehicle washing facilities are proposed as only encourage by the DCP.

N/A

No direct discharge to K&G or swale drain

No direct discharge to K&G or swale drain

Yes

2.5.3.18

Car parking areas drained to swales, bio retention, rain gardens and infiltration areas

The carparking areas are proposed within basement levels of the building

N/A

 

DCP 2013 – 5.2.2 Rainbow Beach

There are area-based placed provisions in place for the subject locality which forms part of a planned Precinct B within Rainbow Beach, also known as Area 14 or the Lake Cathie – Bonny Hills Growth Area.

 

The subject site is within the future Hilltop Village which is desired to include a mix of permanent residential accommodation and tourist accommodation units.

 

The desired outcomes for the precinct include:

•    A new village centre is established as the primary retail, commercial and community focus of the precinct, and

•    Development provides a mix of living options with higher density residential areas within walking distance to the village centre.

 

Precincts B is referenced in the DCP provisions as being subject to the following Concept Approval under the repealed Part 3A of the Environmental Planning and Assessment Act 1979 (Part 3A). The following are generalised summaries of the approval:

 

Precinct B

 

07_0010 Residential, Commercial and Tourist Development (Concept Plan) being an approval for:

•    residential uses for about 217 low density dwellings and about 82 medium density dwellings;

•    a ‘Hill-Top Village’ neighbourhood centre, including tourist and residential uses of about 160 apartments;

•    environmental works associated with the Littoral Rainforest and Duchess Creek;

•    provision of perimeter road, pedestrian, cycle paths and opens space and access to Rainbow Beach; and

•    provision of associated infrastructure including stormwater, drainage and utilities.

 

Lot 167 (the development site) is identified as M10 on the staging plan.

 

The Part 3A Concept Approval (07_0010) sets out the vision for the site and requires separate development consent to be obtained for the individual buildings. The overall site is being developed by two different parties and Catarina Estate forms the southern portion. Lot 167 is the first building in Hilltop Village which will be prominent upon entry into Catarina Estate and Main Street.

 

An extract of the Concept Approval is shown below:

 

 

The Concept Approval includes several conditions and a Statement of Commitments.

 

The following comments are provided having regard to the Concept Approval and the DCP Development Provisions:

·    The Part 3A Concept Approval acknowledged that the LEP for a building height up to 14.5m for the subject site.

·    Stormwater requirements are addressed later in this report including recommended conditions.

·    The design has been based on the roads approved to three sides of the site.

·    No areas subject to environmental works are located near the subject site.

·    Specific conditions are recommended to address geotechnical assessment requirements prior to works commencing on-site.

·    Likely traffic impacts in the locality have been assessed as being acceptable as addressed later in this report. No upgrades to road intersections are required.

·    One of the principle findings of the concept plan application was to ensure that the proposed buildings in the Hilltop Village are not visible from Rainbow Beach. This has been demonstrated in the submitted details.

·    The road network providing the frontage to the subject site has been approved under DA2012 – 381.

·    A Village Square with an area of 2750m² was recommended to be provided generally in accordance with the following diagram:

 

                        

·    The Applicant has submitted an alternate design to what was indicatively shown on the DCP. More specifically, the Applicant has provided the following specific satisfactory details to justify the suitability of the design submitted:

 

As part of the design of the building on Lot 167 and the design of Main Street / Ocean Blue Boulevard, the Village Square area has been refined. The key principle is of a pedestrian friendly main street in the Hilltop Village and a meeting area. Main Street is accessible by vehicles and the proposed design shown below in Figure 14 indicates the treatment proposed to provide a pedestrian and vehicular shareway and to provide a connection from the café and outdoor seating area on Lot 167 and any future development to the north. The Streetscape Strategy for the area contains furniture, planting, bollards and a change of road materials (refer to Figures 14 and 15). The timber used in the building has been extended into the street furniture and bollards and the landscaping design incorporates both private and public land. The walls and pathways are curved to respond to the building and provide linkages to the ground floor café and outdoor seating area, as well as the main entrances to the building and grassed areas in the north-eastern corner of the site.

 

Consultation has been undertaken with the Consultants for the owners of land to the north regarding their plans for the development of the northern side of the Hilltop Village, however they do not have plans at this stage. As such, we have interpreted the intent of the Part 3A consent and DCP to provide a connection from the ground floor of the building by way of a café, landscaping, grassed areas and a vegetated pergola to a pedestrian friendly, traffic slowed area along Main Street (refer to Figure 16). It is envisaged that any building to the north would also have an orientation and connection to Main Street in this section. The master planning for the remainder of Hilltop Village also includes a pedestrian friendly village square will also be provided at the eastern end, in conjunction with the pocket park. Overall, the required amount of area for the Village Square will be well in excess of that required by the approval and DCP.

…….

 

Lot 167 is the first allotment adjoining the Village Square. The design will allow for a Village Square over part of the subject site, main road and the northern lot which is consistent with the approximate area approved. The Village Square comprises the eastern portion of the site including outdoor seating and grassed areas, footpaths, landscaping and Main Street. The ideology of the Village Square has been adopted from the exhibit, with the café, outdoor seating and open space orientated to the north to form the southern edge of the Village Square and it can be reasonably assumed this will occur on the northern lot also. The remainder of the Hilltop Village to the east will extend along Main Street and continue the landscaping, street furniture and paving theme and provide a connection via the pathways. This will allow for the Village Square to continue down Main Street and into the remainder of Hilltop Village.

 

·     During the assessment of the application, with respect to the Village Square, the plans have been amended to reflect more certainty as to the overall design intent for the area. The café, outdoor seating and grassed areas all form the southern edge of the Village Square and there will be a relatively level transition to the road and onto the future northern side of the square (to be developed by different property developer). It is also noted that a substantial open space area is planned on the eastern-most end of the Village Square.

·     The alternate design with regard to the Village Square fulfils the following requirements as embodied in the DCP concept:

Presents an attractive, landscaped entrance to the main street, and offers some natural and built shade;

Provides for safe pedestrian circulation around and across the main street, with delineation of movement areas through paving design and kerb treatment to be detailed in construction plan details under DA2012 – 381;

While the eastern entrance is not envisaged in this proposal as a ‘town square’ there is opportunity for public furniture such as a bench for seating in a shaded area - for example as a meeting point;

The landscaped areas and road will ultimately be dedicated to Council so a low maintenance solution is preferred.

 

The above commentary demonstrates that satisfactory consideration to the objectives of the DCP and Part 3A approval have been given and the proposal is recommended to be supported in this regard.

 

Having regard to the DCP provisions, it should be noted that the following preamble applies to the assessment of Development Applications:

 

Variations

Council may consider varying the development provisions where it can be adequately demonstrated that the objective to which the provision relates can be wholly achieved by reasonable or innovative solutions and the proposal is consistent with all relevant LEP aims and Zone Objectives.

 

Based on the above assessment, the variation proposed to the provisions of the DCP is considered acceptable and the relevant objectives have been satisfied. Cumulatively, this variation does not amount to an adverse impact 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:

 

The landowners within Area 14 have previously entered into Voluntary Planning Agreements for the purposes of Section 93F of the Act in relation to the rezoning of the land. The Seawide Area 14 Stage 1B Planning Agreement and the Milland Area 14 Stage 1B Planning Agreement between Council and the landowners were executed on 14 September 2011. The landowners agreed to make Development Contributions in accordance with the VPAs in connection with carrying out of development permitted by the LEP.

 

The VPAs provide for the carrying out of works by the landowners including establishing and maintaining environmental lands, road works, local park embellishment, pedestrian beach access and dedication of land to Council.  The agreements also include arrangements for payment of development contributions towards management of environmental lands, administration levy contribution, open space and roads contributions.

 

The subject proposal does not trigger any requirements of any of these Planning Agreements. It is also noted that the Area 14 Section 94 Local Roads Contributions Plan has come into effect since the original subdivision under DA2012 – 381 was approved.

 

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.

 

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

 

No Coastal Zone Management Plan applies to the subject site.

 

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

 

Context & 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 the desired character for the locality and adequately addresses planning controls, including variations to recommended standards as justified.

 

There are no adverse identifiable adverse impacts on existing view sharing. This is the first building at the Hilltop Village.

 

There are no identifiable adverse privacy impacts to neighbouring properties.

 

Overshadowing

The relevant standards for overshadowing adopted in Development Control Plan 2013 are:

(a)    Sunlight to the principal areas of ground-level private open space of adjacent properties should not be reduced to less than 3 hours between 9am and 3pm on 22 June. Where existing overshadowing by buildings and fences is greater than this, sunlight should not be reduced by more than 20%.

(b)    Buildings should not reduce the sunlight available to the windows of living areas that face north in existing adjacent dwellings to less than the above specification.

 

The relevant design guidance for overshadowing of neighbouring properties in mid winter in the adopted SEPP 65 Apartment Design Guide are:

Living areas, private open space and communal open space should receive solar access in accordance with sections 3D Communal and public open space and 4A Solar and daylight access.

A minimum 50% direct sunlight to the principal usable part of the communal open space for a minimum of 2 hours between 9am and 3pm on 21 June (mid winter).

 

In this instance, the Applicant was requested during the assessment of the application to specifically address the likely impacts of shadowing to neighbouring properties. The following additional information was provided by the Applicant:

 

·   The overshadowing impact has been shown on the shadow diagrams submitted previously and pasted below. It is known that these sites directly to the south are likely to experience some overshadowing. The design of the proposed building has had regard to overshadowing impacts, hence the narrow northern and southern elevations to minimise the shadow impact.

·   The diagrams demonstrate that at the worst point in mid-winter, the overshadowing is shared over roads or a small portion of a residential lot to the south at 9am. However, it is cleared by 12pm where the impact is on the road only.

·   The area which falls onto a residential lot at 9am has been highlighted in red below. The diagrams show extra shadow beyond this DA, relating to future DA’s and therefore the impacts appear worse than experienced and should be discarded.

·   Whilst there is some impact on the residential lot to the south at 9am, it is cleared by midday and therefore the solar access requirements are satisfied.

 

 

The shadow angles and lengths shown in the submitted plans have been reviewed and are considered to be accurate and reasonable to comply with the above DCP and SEPP 65 Apartment Guide requirements.

 

Roads

The site has existing road frontage to Seaside Drive, a public urban Collector road owned and maintained by Council. The road width ranges between 11m and 9m, within a 19m wide (minimum) road reserve. Seaside Drive was constructed as part of the parent subdivision DA 2012/381 and is the primary access route to the site. Due to the projected commercial truck traffic along this road in connection with the future Hilltop Village commercial and medium density residential uses, the pavement has been designed to Commercial standard.

 

Future Road 7 (Ocean Blue Boulevard) is planned to run along the northern boundary of the site in a west-east direction to connect Seaside Drive to Surfers Drive. Design and construction of this road has been considered under existing DA 2012/381, although no construction design has yet been submitted by the developer(s) for approval at this time. Those DA conditions of consent specify Road 7 as a Commercial street within a 25m road reserve.

 

Future Road 9 (Whitewater Terrace) will adjoin the southern boundary of the site, also aligned in a west-east direction between Seaside Dr and Surfers Dr. A Construction Certificate for Road 9 has been approved, although the road has not been constructed and dedicated to Council.

 

Although this DA is proposed to be approved prior to dedication of both of these east-west roads, the roads are considered critical links to enable traffic distribution and forwards circulation around the Hilltop Village. Considering the extensive village centre master plan road works, there is also currently a risk of road, footpath and driveway slopes and surface levels not matching up with the proposed development levels at the boundary. As such, a condition of consent has been recommended requiring road construction plans to be approved prior to Construction Certificate for the building, and dedication of the roads to Council prior to issue of the Occupation Certificate for the building.

 

The proposal involves excavation below the zone of influence of soil supporting the existing and future road reserves (due to the deep basements) and expert engineering will be required for both the temporary and permanent shoring and underpinning of the road. A special bond is to be taken and dilapidation report recorded for this purpose for the duration of construction.

 

The parent subdivision for Catarina estate is also subject to a previous Part 3A (Major Projects) Concept Approval. One of the requirements of that approval (project reference number MP07_0010, Statement of Commitments, commitment CP12) is that for a medium density building DA such as this in the Hilltop Village, geotechnical testing and an assessment of slope stability is required by a suitably experienced engineer to ensure that all appropriate measures are incorporated into the structural foundation design. This may also extend to road support given the substantial basement excavation. As such, conditions of consent for this study is required prior to any Construction Certificate for building works.

 

Refer to relevant conditions of consent.

 

Traffic and Transport

Previous Traffic Impact Assessments (TIA) relevant to the site include a report by RoadNet (April 2010) for the parent subdivision which was lodged under DA 2012/381. This TIA primarily dealt with traffic volume projections along the Ocean Drive/Road 1 (Seaside Drive) corridor, and modelling of the Ocean Drive / Road 1 intersection performance. Earlier TIAs also exist but provide no specific considerations relevant to this DA, so are not discussed here.

 

The intersection of Road 1 (Seaside Drive) and Ocean Drive is planned and funded for upgrade by Council under a local Contributions Plan. It is understood that the intersection will need to be upgraded around 2019 and will have adequate capacity and service levels until that time to cater for new development traffic.

 

Previously Forecast Traffic

A subsequent TIA by Transport & Urban Planning (January 2014) for the Seawide estate and adjoining developments including Catarina (this site, formerly known as Milland) provided further analysis of trip generation rates associated with the current lot layout. It concluded that 150 medium density dwellings across the R3 and B4 zoned land in Catarina estate would be expected to generate 128 trips during both the AM and PM daily commuter peak hour periods. Further, traffic arising from approximately 3,000sqm of commercial floorspace was predicted to equate to 103 trips in the AM peak and 360 PM peak hour trips.

 

For the purpose of assessing the proposed residential component of the development, by distributing the 128 AM and 128 PM peak trips predicted in the 2014 TIA across the 30,000sqm of R3 and B4 zoned land within Catarina, the 2,500sqm site of this development is allocated approximately 11 peak hour trips from the total demand, or 13 medium density (2-3 bedroom) dwellings assuming a peak trip generation rate of 0.85 per dwelling.

 

Similarly distributing the commercial trips forecast in the 2014 TIA, the site area of 2,500sqm can be allocated a commercial trips credit of 360 PM trips x 2,500 / 30,000 = 30 trips in the PM peak. During the AM peak, the forecast commercial rate was 103 trips, or 9 trips allocated to this development.

 

Proposed Traffic

A new TIA by Streetwise Road Safety and Traffic Services Pty Ltd (dated April 2017) has been lodged as part of this specific development proposal. This TIA notes that 41 dwellings (residential units) are proposed with an anticipated peak traffic of 27 trips per hour using rates from the RMS Guide to Traffic Generating Developments 2002. The proposed development substantially exceeds the previously anticipated traffic intensity in terms of medium density residences, by approximately (27 – 11) = 16 trips per peak hour.

 

The proposal includes 55sqm of serviced café floor area and approximately 100sqm of external seating, which at a rate of 60 trips per day per 100sqm (from the TIA, which uses the rate from the RMS Guide), equates to a likely maximum 93 trips per day, or approximately 9 in the peak hour periods. This would be a reduction of (9 - 30) = 21 trips during the PM peak.

 

Figure: Trip generation summary for previous forecast versus the proposed development

30

 

9

 

9

 

9

 

27

 

11

 

11

 

27

 

The development has effectively proposed a smaller than expected commercial floor space, and larger than expected residential component, with a resulting small net traffic decrease during the PM peak and a net traffic increase of 16 vehicles during the AM peak hour. Having regard to the above traffic volumes, the existing road network has sufficient capacity to cater for the development, and it is not considered necessary to alter the timing of delivery of the major intersection with Ocean Drive.

 

The development proposes significant cut volumes for the multi-level basement which will need to be exported from site for disposal or use elsewhere. To protect the public road, existing road conditions shall be evaluated as part of a dilapidation report and bond securities held prior to any earthworks. Details shall be provided as part of a Roads Act (Section 138) application.

 

Roads and Maritime Services (RMS) – Ocean Drive

Ocean Drive, which serves the development precinct, is an RMS classified regional road. However, the scale of this Residential Flat Building development is not significant enough to trigger referral of the proposal to RMS under the SEPP (Infrastructure) 2007 provisions, and as no works are required within the Ocean Drive road reserve, a Roads Act (s138) referral will also not be required.

 

Site Frontage & Access

Vehicle access to the site is proposed though an individual driveway to the basement car parking via Road 9 (Whitewater Terrace). Access including gradients shall comply with Council’s AUSPEC and Australian Standards, and conditions have been imposed to reflect these requirements.

 

Due to the type and size of development, provision of at least 1.2m wide concrete footpath paving along two (2) of the three (3) street frontages – being Ocean Drive/Road 1 Seaside Drive and Road 9 (Whitewater Terrace) of the new building will be required.

 

 

 

 

DA 2012/381 originally proposed a public laneway servicing this and adjoining properties at the location of the proposed private access driveway.  To ensure the function of the laneway is maintained, consent conditions have been imposed consistent with current approved plans for DA 2012/381 requiring a “Right of Access” be created over the development driveway burdening proposed development lot (Lot 167) and benefiting proposed lots to east (Lots 73 & 75). 

The below image extract shows the current approved road and subdivision layout under DA2012 – 381 as modified:

 

 

Parking and Manoeuvring

66 allocated residence spaces (including two disability spaces), 9 visitor spaces, and 5 café parking spaces have been provided on-site across three basement parking levels, for a total of 80 parking spaces. Note there is a discrepancy with labelling of spaces on the DA approved plan, with RES 52 to RES 54 not shown.

 

SEPP No 65 (Design Quality of Residential Apartment Development) stipulates that a development cannot be refused on the basis of parking provision if the number of spaces required in Part 3J of the Apartment Design Guide is provided onsite. The Apartment Design Guide requires, for sites within 400m of land zoned B4 Mixed Use, minimum parking provision in line with the RMS Guide to Traffic Generating Developments (High Density Residential Flat Buildings with greater than 20 dwellings and located in sub-regional centres) or the Council’s DCP, whichever is less.

 

No. of residences

Parking rate
(RMS Guide)

Subtotal Required

1 Bedroom

1

0.6

0.6 (1)

2 Bedroom

21

0.9

18.9 (19)

2 Bedroom + Study

8

0.9

7.2 (8)

3 Bedroom

11

1.4

15.4 (16)

Visitor

 

1 per 5 units

8.2 (9)

Café

55 + 90 sqm

1 per 30 sqm

4.8 (5)

Total

41

 

44 residential spaces +

9 visitor spaces +

5 café spaces =

Total of 58 spaces required

 

The proposal has met or exceeded the minimum requirements for onsite parking provision with 66 residential spaces + 9 visitor spaces + 5 café spaces = total of 80 parking spaces provided on-site.

 

Parking and driveway widths on site can comply with relevant Australian Standards (AS 2890) and conditions have been imposed to reflect these requirements. Due to the type of development, car park circulation is required to enable vehicles to enter and exit the site in a forward manner.  Provision of a dedicated turnaround bay at the end of each blind aisle to comply with AS 2890.1, including line marking will be required. For example, convert space RES 69 in Basement 1 and RES 23 in Basement 3 to dedicated turning bays. There is more parking provided than the minimum required therefore some loss of parking can be accommodated to satisfy these requirements.

 

Water Supply Connection

Council records indicate that the development site does not have a water connection.

 

Final water service sizing will need to be determined by a hydraulic consultant to suit the domestic and commercial components of the development, as well as fire service and backflow protection requirements in accordance with AS 2419.

 

The existing potable and reclaimed water mains must be extended down Road 7 and Road 9 to the development lot’s boundaries. Water main sizes are to be determined by PMHC’s Water Supply Section.

 

Each proposed units are required to be individually metered for water.

 

Refer to relevant conditions of consent.

 

Sewer Connection

Council records indicate that the development site is connected to Sewer via junction to the existing sewer line that runs along the northern property boundary.

 

The development must discharge all sewage to a single direct connection to an existing or proposed sewer manhole. Any disused sewer junctions must be capped at the main.

 

A separate sewer connection to Councils main is required for each adjusted Torrens Title lot. A manhole will also be required at the high end of the line as it will be more than 40m long.

 

If the main is subject to future extension an end of line terminal shaft (poo pit) will be required.

 

As the dwellings are to be Strata Titled, a private sewer system can be adopted, connected from a single manhole junction or each dwelling can be connected directly to Council main with individual connections.

 

As the development will exceed 2ET discharge, sewer connection is to be made from a manhole.

 

The hydraulic designer is to confer with Council sewer section prior to submitting sewer design plans.

 

The proposed ground floor café will likely require a trade waste system to be installed. Appropriate conditions are recommended including a requirement for a first use DA to be submitted to Council.

 

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 south, and there have been significant alterations of the landform with earthworks for the parent subdivision, creating two separate drainage sub-catchments to the southwest and southeast.

 

The legal point of discharge for the proposed development is defined as a direct piped connection to Council’s drainage network in Seaside Drive and/or future Road 9 (Whitewater Terrace). A concept stormwater plan has been provided to this effect.

 

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

 

Subdivision of the surrounding estate under DA 2012/381 included provision of end-of-line stormwater basins with the dual purpose of detaining peak outflows from the precinct (so that they were not to exceed pre-development peak flows) and also reducing pollutant and nutrient runoff levels to acceptable limits, as per Council’s AUSPEC requirements for subdivision. Provided the proposed development would not exceed the parameters assumed in the original design (such as percentage of impervious area, flow paths, and pollutant loads), normally these end-of-line facilities would be deemed capable of supporting the new development.

 

However, at this stage there appears to be an inconsistency with the approved drainage master plan, in that an area of land approximately equal to this site’s footprint (3000sqm) will drain towards the south-eastern sub-catchment rather than the southwest as originally designed. As such, the south-eastern basin may be potentially overwhelmed and additional detention and quality treatment capacity may need to be built into the system.

 

A condition of consent has been recommended to have the developer resolve this with the detailed design plans (Local Government Act s68 application to Council), and there are a number of ways this could be achieved:

a)    Reorient the points of discharge for both piped and overland flows so that no additional detention and quality treatment is required, as catchment hydrology (including land areas draining to pits) remains the same as previously approved; or

b)    Provide adequate additional detention and water quality treatment within the site of the Residential Flat Building (and not within the public road reserve); and

c)    Provide additional detention and water quality treatment within the next future Hilltop Village DA to offset the increased stormwater discharge form the proposed development site, including the provision of a restriction as to user on the title of the residue lot to advise potential purchasers of this requirement, prior to or concurrently with approval of the Subdivision Certificate for the boundary adjustment.

The lower basement storeys are not capable of being drained by gravity to the public network, so provision of a sump, pump and backup pump (including backup power) will be required with all details as per Council’s AUSPEC standards. This is to ensure that flows arising from minor subsoil seepage into the basement, or incidences such as open-air driveway pit blockages, are captured and disposed of without flooding the basement.

 

Other Utilities

Telecommunication and electricity services are available to the site. A standard condition is recommended to require provision of confirmation of satisfactory arrangements from providers prior to issue of an Occupation Certificate.

 

Heritage

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

 

Other land resources

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

 

Water cycle

An issue raised during the original Part 3A Concept Approval MP07_0010 and subsequent DA 2012/381 for the precinct surrounded the potential impacts of excavation below natural surface level on subsurface aquifers. Specifically, there is the potential that one or more aquifers supplies the Littoral Rainforest adjacent to the shoreline, and that excavation may compromise this water supply leading to long term decline of the SEPP 26 protected ecological community. Several specialist Ground Water Management studies and plans by Martens Consulting Engineers (July 2007, July 2010 and July 2012) have explored this potential, although their scope was in relation to the broader precinct, with a caveat that further investigation may be required when specific building designs are proposed (i.e. at DA). Some relevant excerpts include:

            (Martens, July 2012)

            (Martens, July 2010)

There is not sufficient data to understand the implications of excavation deeper than 2.5m below natural surface level, as the existing reports have expressly excluded this from their scope. Further testing (bore logs) and a specialist report are therefore required prior to Construction Certificate, given this proposal includes a three-storey basement, to ensure that the basement design and construction preserves existing aquifer flows and integrity through and/or around the site.

It should be noted that an approval under the Water Management Act may also be required and it will be up to the applicant to obtain this approval.

Refer to relevant conditions of consent.

 

Soils

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

 

Air and microclimate

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

 

Flora and fauna

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

 

Waste

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

 

Energy

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

 

Noise and vibration

No adverse impacts anticipated. Any noise generated during construction is likely to be short term and conditions will be imposed to restrict work 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

The proposed development is considered to have the following positive social impacts:

·   Increase in housing;

·   Increase mix of accommodation in the area catering for various markets;

·   Employment opportunities during constructions of the facility;

·   Development compatible with the transitioning nature of the area (i.e. higher density accommodation).

 

Potential negative issues have been considered throughout this report and either deemed acceptable or can be resolved through conditions.

 

Economic impact in the locality

The proposed development will create an overall positive economic impact through expansion of higher density accommodation facilities. There will also maintain employment in the construction industry within the area. This can create and maintain employment opportunities, which in turn lead to flow on effects such as expenditure and investment in the local economy.

 

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

Prescribed conditions require that the developer protect and support adjoining structures if excavation extends below the footings of the structure, building or work.

 

A condition is also recommended requiring dilapidation reports to be prepared for adjoining properties, to allow for monitoring and rectification works (if necessary) of any damage caused by construction activities.

 

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 as justified and the site attributes are conducive to the proposed development.

 

Site constraints of potential ground water interference, road noise and potential encroachment on the Obstacle Limitation Surface (OLS) for the Port Macquarie Airport have been adequately addressed and appropriate conditions of consent recommended.

 

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

 

15 submissions have been received. 8 of these submissions have raised concerns with proposal and 7 submissions have been received to declare support for the proposal.

 

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

 

Submission Issue/Summary

Planning Comment/Response

Road No.7 – Future Main Street for Village Centre not to be constructed as a through road

·   Question whether developer will be constructing a through road to allow vehicle access to the proposed Tavern and Café.

·   If there is no direct through route to beach, visitors will use Summer Circuit as a more direct route to commercial outlets and beach parking.

·   Summer Circuit has not been designed as an arterial road and is relatively narrow.

·   The changes to road configuration are inconsistent with the approved Part 3A masterplan and will create unnecessary traffic congestion in the lower order roads and decrease the amenity to residents in the low density living nearby.

 

 

 

 

 

 

The Applicant has provided additional details during the assessment of the application that the Masterplan provided in the Statement of Environmental Effects is for context only and not part of this application. The Applicant has further advised that any changes to the road design will be considered in consultation with a traffic engineer in order to ensure traffic flows and appropriate widths of streets.

A separate DA will be required to be lodged for any changes to road layouts and/or future buildings and building envelopes.

It is recommended that prior to issue of any Construction Certificate for building works, a Construction Certificate shall be approved for the construction of Road 7 (Ocean Blue Boulevard) and Road 9 (Whitewater Terrace) under DA 2012/381. Construction and dedication to the public of the full length of Road 7 and Road 9 (Whitewater Terrace) from Seaside Drive to Surfers Drive shall occur prior to issue of any Occupation Certificate.

Building height and floor space ratio compliance

·   Question the actual building height proposed at the worst point including whether a variation of 1.1m as detailed in the submitted Statement of Environmental Effects.

·   Question whether variations proposed to the building height and floor space ratio standards will be consistent with Council’s objectives for the locality and design principles which were considered when preparing the Port Macquarie-Hastings Local Environmental Plan 2011.

·   No objections to a 2 storey building however concern raised to a multi storey building for Lake Cathie as it will spoil the whole development.

·   The height variation exacerbates the imposing bulk and scale of the proposed building in such a prominent hilltop location and in what is otherwise a low density residential setting and urban landscape.

The building height of the proposal has been amended during the assessment the DA. Refer to the detailed assessment of Building Height compliance under the Port Macquarie-Hastings Local Environmental Plan 2011 including clause 4.6 variation to the building height. The building is considered appropriate, as amended and justified.

The Part 3A approval envisaged multi-storey development on this site and the remainder of the Hilltop Village. This form of development is consistent with the zoning and controls for this emerging area. Two storeys would be inconsistent with the desired future character for the area as well as the regional strategies.

Extent of overshadowing

·   Question the extent of the overshadowing at 9am as it is detailed to follow the western side of Seaside Drive.

The shadow diagrams have been updated during the assessment of the application. Refer to the detailed assessment of overshadowing addressed earlier in this report under the Impacts section and earlier under SEPP65.

Traffic Impacts

·   A Traffic Impact Analysis which contains updated traffic data and modelling to confirm when the Ocean Drive and Seaside Drive intersection should be signalised should be provided.

The Applicant has advised during the assessment of the DA that the Traffic Impact Statement was submitted with the application to address this intersection. This application does not trigger any upgrading works. However, separate to this application, it is noted that the RoadNet Traffic Impact Study Area 14 had two sets of triggers for upgrades, being years 2019 and 2029 and Council has not commenced any of the upgrade requirements for the road network.

Refer to the detailed assessment of addressing impacts on Roads and Traffic earlier in this report which concludes that the proposal is suitable subject to conditions of consent.

Part 3A concept plan

·   The proposed concept plan submitted shows a future road layout and building locations which is not in keeping with the Part 3A approval.

·   The proposed main street or Ocean Blue Boulevard does not connect with the beachfront road.

·   The concept plan submitted shows Surfers Drive being narrowed in front of the serviced apartments proposed. This is not in keeping with the original approval.

·   The proposed Pub and restaurant shown on the submitted plans is located very close to the residential dwellings as such will result in noise and amenity issues for future residents.

·   There appears to be no on-site parking for pub and restaurant. Any reliance on the beachfront carpark is opposed.

The Applicant has provided additional details during the assessment of the application that the Masterplan provided in the Statement of Environmental Effects is for context only and not part of this application. Any changes to the road design will be considered in consultation with a traffic engineer in order to ensure traffic flows and appropriate widths of streets.

A separate DA will be required to be lodged for any changes to road layouts and/or future buildings and building envelopes.

(e)     The Public Interest:

 

The proposed development satisfies relevant planning controls, including variations to standard as justified, and is unlikely to adversely 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.

·    It is also noted that the Area 14 Section 94 Local Roads Contributions Plan has come into effect since the original subdivision under DA2012 – 381 was approved.

 

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 - 336.1 Plans

2View. DA2017 - 336.1 Recommended Conditions

3View. DA2017 - 336.1 Submission - Abraham

4View. DA2017 - 336.1 Submission - Beecroft

5View. DA2017 - 336.1 Submission - Bottle

6View. DA2017 - 336.1 Submission - Boyce

7View. DA2017 - 336.1 Submission - Hall & Others

8View. DA2017 - 336.1 Submission - Hopkins for Seawide Estate

9View. DA2017 - 336.1 Submission - Hopkins for Vardanega

10View.           DA2017 - 336.1 Submission - Ibrahim

11View.           DA2017 - 336.1 Submission - Ibrahim & Morris

12View.           DA2017 - 336.1 Submission - Jakimoski

13View.           DA2017 - 336.1 Submission - King

14View.           DA2017 - 336.1 Submission - Maksimov

15View.           DA2017 - 336.1 Submission - Pogson

16View.           DA2017 - 336.1 Submission - Raad

17View.           DA2017 - 336.1 Submission - St Vincents Foundation

 


  ATTACHMENT

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  ATTACHMENT

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Development Assessment Panel

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  ATTACHMENT

Development Assessment Panel

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  ATTACHMENT

Development Assessment Panel

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  ATTACHMENT

Development Assessment Panel

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  ATTACHMENT

Development Assessment Panel

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  ATTACHMENT

Development Assessment Panel

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Development Assessment Panel

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AGENDA                                              Development Assessment Panel      13/12/2017

 

 

Item:          06

 

Subject:     DA2017 - 455.1 Residential Subdivision (10 Lots) Including Clause 4.6 Objection To Clause 4,1 (Minimum Lot Size) Of The Port Macquarie-Hastings Local Environmental Plan 2011 At Lot 65 DP1226839, Shore Break Crescent, Lake Cathie

Report Author: Benjamin Roberts

 

 

 

Applicant:               Hopkins Consultants Pty Ltd

Owner:                    Seawide Pty Ltd

Estimated Cost:     Nil

Parcel no:               66038

Alignment with Delivery Program

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

 

 

 

RECOMMENDATION

That it be recommended to Council that DA2017 – 455.1 for a Residential Subdivision (10 Lots) including Clause 4.6 Objection to Clause 4.1 (Minimum Lot Size) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 65, DP 1226839, Shore Break Crescent, Lake Cathie, be determined by granting consent subject to the recommended conditions.

 

Executive Summary

 

This report considers a development application for a residential subdivision (10 lots) 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, no submissions have been received. The development is required to be reported to an Ordinary Meeting of Council for determination as it involves a variation to the Port Macquarie Hastings Local Environmental Plan 2011 (LEP 2011) minimum lot size standard by more than 10%.

 

1.       BACKGROUND

 

Subdivision History and Part 3A Approvals

 

There are existing Part 3A Concept Plan and Stage 1 Project Approvals for residential, commercial, tourist/mixed uses and environmental works applicable to the site. A summary is provided below.

 

07_0010 Residential, Commercial and Tourist Development (Concept Plan) being an approval for:

-     residential uses for about 217 low density dwellings and about 82 medium density dwellings

-     a ‘Hill-Top Village’ neighbourhood centre, including tourist and residential uses of about 160 apartments

-     environmental works associated with the Littoral Rainforest and Duchess Creek

-     provision of perimeter road, pedestrian, cycle paths and opens space and access to Rainbow Beach

-     provision of associated infrastructure including stormwater, drainage and utilities

07_0010 Residential, Commercial and Tourist Development (Project Application)

Dealing with:

-     environmental works including establishment of regeneration area, erection of temporary fencing and construction of a timber boardwalk.

 

Part 3A of the Environmental Planning and Assessment Act, 1979 (the Act) was repealed on 26 August 2011. The Part 3A application was undetermined at the time of these changes. Schedule 6A of the Act established the transitional arrangements and subject to clause 2 of this schedule, the project is a ‘transitional Part 3A project’. Accordingly Part 3A of the Act as existed, prior to its repeal, continues to apply to the project.

 

Under the terms of the concept plan approval, future approval to carry out the project, other than ‘Stage 1 Environmental Works’, are subject to Part 4 of the Act.

 

Development Application DA2012/381 for a 176 lot subdivision and associated infrastructure was granted consent by the Joint Regional Planning Panel on 21 February 2013, and was subsequently modified on 27 August 2013. This subdivision is currently under construction and the lots are yet to be registered.

 

The proposal is for an infill subdivision of a development lot identified as Lot 64 on the modified approved plans for DA2012/381 (see below).

 

 

Existing sites features and Surrounding development

 

Lot 64 in the plan above is now recognised as Lot 65 DP 1226839 and has an area of 5739m2.

 

The site is zoned R1 General Residential, R3 Medium Density Residential and E3 Environmental Management 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=62c83cd0-4973-46ba-8bef-94e24071d98f&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=fc016a7b-e5c9-4a64-9a6d-d75b57bde97d&contentType=image%2Fjpeg

 

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the proposal include the following:

 

·    Subdivision of the land into 10 residential allotments;

·    Variation of the minimum lot size development standard for the land in the Port Macquarie-Hastings Local Environmental Plan 2011.

 

Refer to attachments at the end of this report.

 

Application Chronology

 

·    29 May 2017 – Application lodged.

·    13 to 26 June 2017 – Public exhibition via neighbour notification.

·    12 July 2017 – Additional information request.

·    4 October 2017 – Part additional information provided.

·    13 October 2017 – Part additional information provided.

·    14 November 2017 – Request for outstanding additional information.

·    22 November 2017 – Additional information provided.

 

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. 26 - Littoral Rainforests

This policy aims to preserve and protect littoral rainforests in their natural state. This policy applies to land within 100m of the marked boundaries identified in a series of maps marked “State Environmental Planning Policy No. 26 - Littoral Rainforest (Amendment No.2)”.

 

The eastern boundary of the site forms part of the mapped Littoral Rainforest. Consideration to the potential impacts upon the Littoral Rainforest was considered by the Department in their assessment of the Part 3A Concept Plan. The relevant matters for consideration as required by this policy were addressed in Part 5 of the Director-General’s Environmental Assessment Report.

 

The application is consistent with the Part 3A Concept Plan Approval and further consideration of this policy is not deemed necessary.

 

State Environmental Planning Policy No. 44 - Koala Habitat Protection

This policy aims to encourage proper conservation and management of natural vegetation areas that provide habitat for koalas. The Lake Cathie-Bonny Hills (Area 14) Koala Plan of Management applies to the site.

 

There are no trees located on this site and the proposal is consistent with the adopted Lake Cathie-Bonny Hills (Area 14) Koala Plan of Management.

 

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

The policy applies generally to development in the coastal zone. Clause 2 sets out the aims of the policy which includes the protection, preservation and effective management of coastal areas and natural resources including vegetation, beaches and amenity. Clause 8 sets out the matters for consideration by a consent authority when determining a development application in the coastal zone.

 

As part of the Part 3A Concept Plan the Department considered these matters and concluded that the project would improve public access to the coastal foreshore, demonstrates due regard to its environmental setting and surroundings, is not detrimental to the scenic amenity of the coastal foreshore, includes measures to protect and regenerate existing coastal habitats and includes measures to protect and conserve items of Aboriginal cultural heritage.

 

In obtaining the Part 3A Concept Plan Approval for the development, the applicant is not required to obtain a Master Plan (or waiver) from the Department under SEPP 71. The application is consistent with the Part 3A Concept Plan Approval and further consideration of this policy is not deemed necessary.

 

Having regard for clauses 2, 8 and 12 to 16 of the SEPP and clause 5.5 of 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 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, R3 Medium Density Residential and E3 Environmental Management.

 

The objectives of the R1 general residential 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.

 

The objectives of the R3 medium density residential zone are as follows:

 

o To provide for the housing needs of the community within a medium density residential environment.

o To provide a variety of housing types within a medium density residential environment.

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

 

The objectives of the E3 Environmental Management zone are as follows:

 

o To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

o To provide for a limited range of development that does not have an adverse effect on those values.

 

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

o The proposal would provide lots capable of a variety of medium density housing types.

o The development would contribute to meeting the housing needs of the community.

 

·     Clause 4.1, the lot sizes within the proposed subdivision range from 450m2 to 845m2. The lot size map identifies a minimum lot size provision of 450m2 and 1000m2 applicable to the land. A copy of the minimum lot size map over the site is provided below:

 

·       http://pmhq-v-gtx01.pmhc.nsw.gov.au/Geocortex/Essentials/GXE471/REST/TempFiles/EBP%20Layout.jpg?guid=b25825db-1d58-476e-898e-abff49140853&contentType=image%2Fjpeg

Proposed lot 401 will comply with the minimum 450m2 applicable. However none of the other lots will technically comply with the minimum lot size provision of 1,000m2. Specifically, the strip alongside the frontage of Shore Break Crescent. Refer to proposed subdivision layout with minimum lot size mapping overlayed below for context. Had it not be for this strip lots 404, 405, 406 and 407 would comply with the 450m2 minimum lot size provision.

 

·      

 

Lots 402, 403, 408, 409 and 410 do not comply with the minimum 1000m2 lot size provision. The proposal constitutes a variation of up to 55% of the development standard.

 

       The objectives of clause 4.1 are as follows:

 

(a)   to ensure that lot sizes are compatible with local environmental values and constraints,

 

  Comment: The site of the proposed infill subdivision is not affected by any significant environmental or other significant constraints. The reduced lot sizes are therefore considered compatible with the site characteristics.

 

(b)   to facilitate efficient use of land resources for residential and other human purposes,

 

Comment: The lot sizes would facilitate residential densities in the Rainbow Beach area consistent with the densities projected in Development Control Plan 2013.

 

(c)   to minimise the fragmentation of rural land suitable for sustainable primary production,

 

Comment: Not applicable.

 

(d)   to protect high ecological, scientific, cultural or aesthetic values of land in environment protection zones.

 

Comment: The E3 zone extends approximately 8m into the property along the eastern boundary. There is no vegetation located on the lot. There is no high ecological, scientific, cultural or aesthetic values identified on the land.

 

·     Clause 4.6, development consent must not be granted for development that contravenes a development standard unless the Council is satisfied that the applicant’s written request has adequately addressed the following matters:

 

(a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b) that there are sufficient environmental planning grounds to justify contravening the development standard

 

Additionally, the proposed development must be shown to be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out.

 

As detailed above under clauses 2.3 and 4.1, the proposed development would satisfactorily achieve the objectives of the zone and minimum lot size standards and is considered to be in the public interest.

 

Compliance with the minimum lot size standard is considered unnecessary in the circumstances of the case as the proposed development would provide suitable housing opportunities and not compromise the overall housing density projected for the area.

 

There is sufficient justification on environmental planning grounds for the development as follows:

 

The same subdivision layout could be achieved with an integrated Torrens title housing development under the provisions of Clause 4.1A of the LEP, which would not require a variation of the minimum lot size provisions.

The lot size mapping is irregular in relation to the lot, being that the minimum 1000m2 lot size provision extends along the frontage of the lot facing Shore Break Crescent.

Each proposed lot is capable of accommodating a dwelling that complies with the DCP controls.

The development provides greater flexibility in building design for future purchasers of the land.

The development would not compromise the desired dwelling yields for the Rainbow Beach urban release area.

The proposal would not significantly compromise the future redevelopment of the land for higher density residential uses in accordance with the land zoning. 

 

Council has assumed concurrence under the Department of Planning and Environment’s Planning Circular PS 08-003 to determine the application. However, the application is required to be determined at a meeting of full Council in accordance with Planning Circular PS 08-014 due to the variation being greater than 10%.

 

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

 

·     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 6.1 - A copy of the Director General’s Certificate certifying that satisfactory arrangements are in place for the provision of State public infrastructure for the Area 14 Urban Release Area at Lake Cathie / Bonny Hills has been provided to Council and is dated 6 December 2012.

 

·     Clause 6.2, satisfactory arrangements are in place for provision of essential public utility infrastructure including stormwater, water and sewer infrastructure to service the development within an urban release area.

 

·     Clause 6.3 - Development Control Plan 2011 - Rainbow Beach provisions are in place for the urban release area. See comments below under the DCP section for details.

 

·     Clause 7.9 - Part of the subject site is mapped as being subject to acoustic controls. A Traffic Noise Impact Assessment was undertaken by Heggies Pty Ltd, dated 5 July 2010 as part of the Part 3A Concept Plan application and road traffic noise impacts were also considered as part of the residential subdivision approved under DA2012/381 that will create the development lot.

 

·       Heggies have advised that the relevant current Australian Standards are an appropriate tool in the assessment of road traffic noise where the SEPP (Infrastructure) 2007 provisions do not apply. The relevant standards are as follows:

 

AS 2107:2000 - Acoustics - Recommended design sound levels and reverberation times for building interiors; and

AS 3671:1989 - Acoustics - Road traffic noise intrusion - Building siting and construction.

 

Construction categories 1 and 2 contained within AS 3671:1989 can provide an internal noise reduction of between 10dBA to 25dBA respectively. In relation to the predicted noise levels for the residential subdivision approved under DA2012/381, the incorporation of category 2 construction measures as follows was considered to satisfy acceptable internal noise level criteria:

 

Category 2 construction measures for dwellings with a direct frontage to Ocean Drive.

 

It was also proposed as part of DA2012/381 that allotments with direct frontage to Ocean Drive would incorporate lapped and capped boundary fencing 1.8m in height erected upon a 0.4m high earth mound. The proposed treatment would extend approximately 360m along the Ocean Drive frontage and provide for additional noise mitigation.

 

The conditions of consent for DA2012/381 required a restriction as to user under Section 88B of the Conveyancing Act 1919 to be placed on the titles of the lots with a direct frontage to Ocean Drive.

 

The noise barrier proposed as part of DA2012/381 only extends to the western side of the development site and some of the lots are exposed to road traffic noise despite the greater separation distance. Modelling in the Heggies report suggests that Category 2 construction measures would be required for all lots in the proposed subdivision. A condition of consent is proposed requiring a restriction as to user under Section 88B of the Conveyancing Act 1919 to be placed on the titles of the lots.

 

With the above restriction, the proposed development is considered capable of achieving satisfactory internal noise levels.

 

·     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

3.6.3.2

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

Lots 405, 406, 407 are 14.52m wide. Lot 408 is 14.71m wide. All other lots area greater than 15m wide. 

 

The lots are capable of accommodating a dwelling that can comply with the DCP requirements.

No, but acceptable.

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

Yes.

Yes

Minimum depth of 25m.

All lots that are not corner lots comply with this requirement.

Yes

3.6.3.3

Battleaxe lots discouraged in greenfield development.

Battleaxe arrangement proposed for lots 401, 402 and 403.

No, but acceptable.

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.

Lots not expected to require more than 1m of cut or fill for dwelling construction. Acceptable site levels established under DA2012/381.

Yes

3.6.3.5

Wherever possible orientate streets to maximise the number of east, west and south facing lots and to minimise the number of narrow north facing lots.

Residential street blocks should preferably be orientated north-south with dimensions generally

limited to 60-80m by 120-150m as illustrated in Figure 3.6-2.

Street layout already established under DA2012/381.

n/a

Lot size and shape are to reflect orientation to ensure future dwelling construction has optimal opportunity for passive solar design.

Lot orientation satisfactory.

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).

Relevant works will be required as part of the subdivision. See comments later in this report.

Yes

3.6.3.20

Water supply to meet Council’s design specifications.

See comment later in this report under Water Supply Connection.

Yes

3.6.3.24

Separate sewer junction provided for each lot.

See comment later in this report under Sewer Connection.

Yes

3.6.3.27

Erosion and sediment control plan to be provided.

Condition recommended requiring erosion and sediment control plan to be provided prior to the issue of a Construction Certificate.

Yes

3.6.3.34

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

Condition recommended requiring satisfactory arrangements certification for electricity and telecommunications infrastructure.

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.

3.6.3.51

Street trees should be provided along all road frontages generally at a rate of 1 per 20m interval.

Street tree planting for all the adjoining streets shown on approved plans for DA2012/381.

Yes

 

DCP 2013: General Provisions

DCP Objective

Development Provisions

Proposed

Complies

2.7.2.2

Design addresses generic principles of Crime Prevention Through Environmental Design guideline:

·    Casual surveillance and sightlines

·    Land use mix and activity generators

·    Definition of use and ownership

·    Lighting

·    Way finding

·    Predictable routes and entrapment locations

The subdivision layout will provide for additional dwellings with frontage to the existing subdivision roads, which will improve passive surveillance in the area.

Yes

2.3.3.1

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

Earthworks are currently being carried out at the site in accordance with DA2012/381. No further cut and fill proposed in this application.

Yes

2.3.3.8 onwards

Removal of hollow bearing trees

None proposed to be removed.

Yes

2.6.3.1

Tree removal (3m or higher with 100m diameter trunk and 3m outside dwelling footprint

None proposed to be removed.

Yes

2.4.3

Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater

Refer to main body of report.

 

2.5.3.2

New accesses not permitted from arterial or distributor roads. Existing accesses rationalised or removed where practical

All proposed lots would have access from internal subdivision roads.

Yes

2.5.3.11

Section 94 contributions

Refer to main body of report.

 

 

DCP 2011: Rainbow Beach - Precinct B

DCP Objective

Development Provisions

Proposed

Complies

OB1

DP1.1 Road layout, open space and commercial and residential generally in accordance with figures.

Yes

Yes

OB2

DP2.1 Development yields achieve those in figure.

The proposed development achieves a lot yield well below the 31-36 dwellings per hectare envisaged for development on the R3 zoned land in the DCP. However, analysis of the overall development within Precinct B by the applicant indicates that over 500 dwellings for the precinct is still expected to be achieved, without increasing the density of this particular site.

 

In the longer term, lots could be consolidated and redeveloped for higher density residential uses.

No, but acceptable

DP2.2 Higher residential densities are provided in areas close to retail or community activities and public transport nodes.

 

See comments above.

No, but acceptable

OB5

DP5.1 Cycle ways, share ways and pedestrian facilities in accordance with figure 89.

Relevant facilities to be provided as part of DA2012/381.

Yes

OB6

DP6.1 Development subject to acoustic controls to comply with AS3671.

See comments earlier under clause 7.9 of LEP.

Yes

DP6.2 Subdivision layout avoids need for acoustic fencing or noise barriers.

No acoustic fencing or noise barriers required for the proposal.

Yes

OB16

DP16.1 All stormwater and groundwater works are to be undertaken in accordance with the recommendations in the Total Water Cycle Management Plan dated July 2012 prepared by King and Campbell.

Capable of complying. See comments under Stormwater later in this report.

Yes

OB20

DP20.1 Development provides;

• an east west main street road as part of the Hilltop Village,

• a public perimeter road, incorporating walking and cycle park for the full frontage of the rainforest,

• a public car park and local park adjoining the beach access path,

• a shared pathway link to the existing formed pathway along Ocean Drive, and

• a road connection to Precinct C.

Relevant facilities provided as part of DA2012/381. Proposal would not affect provision of these items.

Yes

 

The proposal seeks a variation to provision 3.6.3.2 which requires Torrens title lots be a minimum width of 15m when measured at a distance of 5.5 metres from the front property boundary. Proposed lots 405, 406, 407 are 14.52m wide. Proposed lot 408 is 14.71m wide.

 

The objectives of this provision are:

 

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

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

 

The variation is considered acceptable for the following reasons:

-  The subdivision provides for a mixture of lot sizes and future dwelling types.

-  The subdivision layout reflects site opportunities and constraints.

 

The proposal seeks a variation to provision 3.6.3.3 which suggests that battleaxe allotments are discouraged in Greenfield development. However, Council may consider permitting battleaxe for “infill” development where it is demonstrated that:

 

-  A Torrens Title lot, that is not a battleaxe lot, cannot be achieved; and

-  the number of crossovers do not reduce the amenity of the street or on street parking; and

-  the impact of noise, dust and headlights on the land owners adjoining the driveway is addressed by the construction of an acoustic fence for the full length of the driveway; and

-  addresses privacy between the rear lot and the rear open space of the front lot by the provision of adequate screening, larger lot size and setbacks; and

-  extends utilities to the end of the axe handle; and

-  there is sufficient space for garbage collection on the frontage.

 

The proposal can satisfy the above standards.

 

The objectives of this provision are as follows:

 

-  To ensure subdivision design and road layout responds to the topography of the land and the site constraints.

-  To prevent servicing costs (associated with access, utilities and services) from being transferred to the land owner because of poor subdivision design.

-  To reduce the impacts of battleaxe allotments in infill areas on adjoining landowners, the streetscape and the final landowner.

-  To ensure that development of rear lots of battleaxe allotments does not result in the impacts greater than would be expected from a single dwelling in terms of:

·                     • Traffic generation;

·                     • Noise;

·                     • Privacy;

·                     • Utilities;

·                     • Waste management; and

·                     • Amenity.

 

The proposal is considered to satisfy the above objectives.

 

The proposal seeks to vary development provision 5.2.2.1 which attempts to achieve a minimum dwelling site density of 30 dwellings per hectare in the R3 Medium Density Residential Zone. The proposal would result in a density of 10 lots over half a hectare (i.e. 20 lots per hectare).

 

The relevant objectives are as follows:

 

·    To establish a clear urban structure that maximises the sense of neighbourhood and encourages walking and cycling

·    To ensure development in each precinct is delivered in an orderly and efficient manner

·    To facilitate the efficient use of land that accommodates the area’s predicted population growth

·    To achieve housing choice and residential densities sufficient to support:

-     Business and mixed use centres

-     Public transport provision

-     Infrastructure investment

·    To encourage compact urban form and clearly define the new town centre

 

The proposed subdivision will still result in a mix of low and medium density housing opportunities and is not expected to have a negative impact on the overall desired development yields of Area 15.

 

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 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:

 

The landowners entered into Voluntary Planning Agreements for the purposes of Section 93F of the Act in relation to the rezoning of the land. The Seawide Area 14 Stage 1B Planning Agreement between Council and the landowner was executed on 14 September 2011. The landowners agreed to make Development Contributions in accordance with the VPAs in connection with carrying out of development permitted by the LEP.

 

The VPAs provide for the carrying out of works by the landowners including establishing and maintaining environmental lands, road works, local park embellishment, pedestrian beach access and dedication of land to Council. The agreements also include arrangements for payment of development contributions towards management of environmental lands, administration levy contribution, open space and roads contributions.

 

iv)     any matters prescribed by the Regulations:

 

New South Wales Coastal Policy:

 

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

 

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 is located on the southern fringe of the coastal village of Lake Cathie. The coastal village of Bonny Hills is located approximately 1km further south. The site has a frontage onto Ocean Drive along its north western boundary.

 

Adjoining the site to the north is a stormwater detention basin. Beyond Ocean Drive is residential land with medical centre and electricity substation. Immediately adjoining the site to the south and west is residential land under development. Adjoining the site to the east is Rainbow Beach separated by a corridor of Littoral Rainforest.

 

The proposal is for an infill subdivision of a development lot previously approved as part of DA2012/381 for a 176 lot subdivision of the land. The development is a logical progression of the earlier approved subdivision. The proposal satisfies relevant planning controls and is not considered to be at odds with the context and setting of the locality.

 

Roads

The site has road frontage to Shore Break Crescent, a Council-owned and maintained public road with a ‘Local Street’ sealed width of 7m situated within a 15m wide road reserve. The pavement has been designed as part of the parent subdivision (DA 2012/381) to meet ‘Commercial’ standard, to cater for the traffic and servicing needs of a range of possible developments. The road is bordered by kerb and gutter on both sides. A 1.2m wide concrete footpath fronts the development lots, consistent with Council’s policies in providing a path on at least one side of Local Streets.

 

Traffic and Transport

A Traffic and Access Assessment by Transport & Urban Planning was most recently revised in January 2014 in relation to DA 2012/381 for the parent subdivision. It projected an ultimate development yield for the Seawide land of 70 dwellings in the R1 General Residential zone (one per lot) and 70 dwellings in the R3 Medium Density zone.

 

The primary concern is that the intersection of Ocean Drive and Seaside Drive, which constitutes the primary access into the Seawide estate, is to be upgraded prior to traffic counts exceeding the capacity of the current intersection. Upgrade of the intersection by Council is provided for in a local Contributions Plan and was expected to become warranted and funded around 2019.

 

This proposal defines some lot boundaries within the R1 General Residential zone, typically with an average area of 450sqm per lot, which is consistent with the previously assumed density (and thus the traffic generation) of dwellings on the General Residential R1 zone.

 

The remainder of the site is within the R3 Medium Density Residential zone. The future forms of dwellings in this zone across the precinct are likely to be highly variable, with multiple dwellings per lot. If full development of the R3 zoned land in the Seawide precinct was to occur it appears the previously projected yield of 70 dwellings may be exceeded. However, this proposal does not intensify or restrict the form of future dwellings – potential impacts of traffic intensification will need to be assessed with each future Development Application where buildings are proposed. At that time it may be appropriate to bring forward timing of construction of the intersection.

 

Roads and Maritime Services (RMS)

The proposal is not of sufficient scale to warrant referral to the RMS under the provisions of the SEPP (Infrastructure) 2007. The proposal does not involve works within the nearby RMS-classified road (Ocean Drive) so referral with any future Roads Act (s138) application is not required.

 

Site Frontage & Access

All lots directly front Shore Break Crescent with the exception of Lots 401, 402 and 403. 401 and 402 are proposed to share a common laneway. 403 is served by its own laneway. A condition has been recommended to require these access handles to be held in private ownership (i.e. as part of the lots they benefit), to ensure Council is not burdened with the future maintenance of the accesses. A number of other requirements have also been included to ensure adequate provision of services along the laneways, notably including construction of heavy duty driveway crossings to cater for traffic associated with multiple future dwellings. Reciprocal rights of access and easements for services will also be needed with the plan of subdivision.

With reference to the off-street parking standard AS 2890.1, two-way driveways are considered necessary where traffic is likely to exceed 30 trips per hour (or approximately 33 dwellings). None of the driveways is likely to be subject to these volumes of traffic unless for a business such as a childcare centre. As such, two-way flow widths are not required by the proposed consent conditions. Suitability of the lots for such a purpose will need to be assessed under a future DA if proposed and it is noted that the 4.5m and 6m wide proposed laneways are likely to present a constraint given the minimum 6.1m driveway width (clear width between fences) required by AS 2890.1, plus potential need for pedestrian access.

The adjacent drainage lot to the west, north and east of the site (adjoining the boundaries of Lots 401, 403 and 404) exists and is maintained by Council for the public purpose of conveyance and treatment of stormwater. As such, future access to the basin or adjoining maintenance driveway is to be prohibited by a condition of consent.

The Shore Break Crescent reserve including the concrete footpath and street trees (on the opposite side of the road) was constructed under the parent subdivision and no additional embellishments of the street frontage are considered necessary.

 

Parking and Manoeuvring

Adequate space is provided within each lot to achieve onsite parking and manoeuvring for a range of future housing forms. Due to the type of development, circulation within the rear lots (401, 402, 403) is required to enable vehicles to enter and exit the site in a forward manner and there is considered to be sufficient space to achieve this.

 

Water Supply Connection

Council records indicate that the development site does not currently have a water service but is capable of being serviced.

Council owned water mains are not to traverse private property. Engineering plans are required to detail the proposed water main extension. In accordance with the Water Supply Policy, hydrants shall be installed to meet the Australian Standard 2419.

 

Refer to relevant conditions of consent.

 

Sewer Connection

Council records indicate that the development site is connected to sewer via junction to the existing sewer manhole located in the north western corner of the lot.

Each lot requires an individual connection to sewer. Any existing sewer junctions that will be abandoned shall be capped at the main and manholes must plugged and re-benched if applicable. Details are to be shown on the engineering plans.

Refer to relevant conditions of consent.


Stormwater

The site naturally grades towards the north (rear) and is currently serviced by a connection to the inter-allotment and road stormwater drainage system.

Stormwater from the proposed development is planned to be disposed of via an extension of the inter-allotment drainage through the site. A piped connection (junction) is to be provided to each lot. Overland flow paths are also to be provided for within the site of the proposed drainage easements.

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

In accordance with Council’s AUSPEC requirements, developments are to provide detention facilities to limit peak outflows to pre-development conditions and quality treatment to ensure runoff is adequately cleaned of pollutants (including nitrogen and phosphorus). The downstream public basin has previously been designed to cater for development of this site assuming specific parameters such as the future fraction of impervious (roof and paved) area. The current subdivision proposal does not constitute an intensification for this purpose as the underlying parameter assumptions remain current. Assessment of future building proposals will consider whether the previous assumptions (such as impervious area) are valid or whether additional onsite treatment facilities are required.

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

See comments earlier under clause 5.10 of LEP.

 

Other land resources

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

 

Water cycle

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

 

Soils

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

 

Air and microclimate

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

 

Flora and fauna

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

 

Waste

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

 

Energy

No adverse impacts anticipated. Lot shapes and orientation are considered satisfactory for the provision of future energy efficient dwellings.

 

Noise and vibration

See comments earlier under Clause 7.9 of the LEP. Condition also recommended restricting construction to standard construction hours.

 

Bushfire

The site is not identified as being bushfire prone. However, the applicant submitted the original bushfire report prepared by Australian Bushfire Protection Planners Pty Ltd and dated 23 March 2010 for the parent subdivision. The required Asset Protection Zone identified to the adjoining Littoral Rainforest to the east is nominated on the subdivision plan.

 

Safety, security and crime prevention

The subdivision layout will provide for additional dwellings with frontage to the existing subdivision roads, which will improve passive surveillance in the area.

 

Social impacts in the locality

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

 

Economic impact in the locality

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

 

Site design and internal design

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

 

Construction

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

 

Cumulative impacts

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

 

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

 

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

 

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

 

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

 

No written submissions have been received following public exhibition 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.

 

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 - 455.1 Plans

2View. DA2017 - 455.1 SOEE

3View. DA2017 - 455.1 Recommended Conditions

 


  ATTACHMENT

Development Assessment Panel

13/12/2017

 


 


  ATTACHMENT

Development Assessment Panel

13/12/2017

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


  ATTACHMENT

Development Assessment Panel

13/12/2017

 


 


 


 


 


 


 


AGENDA                                              Development Assessment Panel      13/12/2017

 

 

Item:          07

 

Subject:     DA2017 - 877.1 Dwelling - Lot 709 DP 1228141, No 49 Yaluma Drive, Port Macquarie

Report Author: Patrick Galbraith-Robertson

 

 

 

Applicant:               Coral Homes Pty Ltd

Owner:                    C & L Nankervis

Estimated Cost:     $592K

Parcel no:               66301

Alignment with Delivery Program

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

 

 

 

RECOMMENDATION

That DA 2017 – 877.1 for a dwelling at Lot 709, DP 1228141, No. 49 Yaluma Drive, Port Macquarie, be determined by granting consent subject to the recommended conditions.

 

 

Executive Summary

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

 

This matter is being reported to the Development Assessment Panel due to the submissions received.

 

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

 

The proposal has been amended during the assessment of the application. Amendments to the proposal have included increasing the south-west side setback, increased drop edge beam construction on the south-western corner of the building and refinements to the retaining wall design along the south western side of the site.

 

1.       BACKGROUND

 

Existing sites features and surrounding development

 

The site has an area of 784m².

 

The site is zoned R1 General Residential in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

 

 

The existing subdivision pattern and location of existing development within the locality is shown in the following aerial photograph (source: nearmap August 2017):

 

 

 

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the proposal include the following:

 

·    Construction of a two (2) storey dwelling-house with associated retaining walls.

 

Refer to attachments at the end of this report.

 

Application Chronology

 

·    29 September 2017 – DA lodged with Council.

·    23 October to 6 November 2017 – Neighbour notification of proposal.

·    25 October 2017 – Additional information request – show existing ground levels, request increasing the south-western side setback, address privacy requirements of the Development Control Plan 2013, consider a drop edge beam return extended for south-western corner and confirm boundary fence can be constructed along boundary near retaining wall.

·    7 November 2017 – Copy of redacted submissions forwarded to Applicant for consideration.

·    8 November 2017 – Amended plans received and additional information.

·    9 November 2017 – Additional information requested to address the specific recommended privacy requirements of Development Control Plan 2013 with respect to the rear neighbouring properties.

·    9 November 2017 – Earthworks plans received from the Applicant.

·    13 November 2017 – Amended plans received and additional information to address privacy requirements of the Development Control Plan 2013.

 

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.

 

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 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 desired and existing character of this developing residential locality.

·     Clause 4.3, the maximum overall height of the building above ground level (existing) is 8.3 m (note: maximum height shown on plans at 8.746m is incorrect by definition), which complies with the standard height limit of 8.5m applying to the site.

·     Clause 4.4, the floor space ratio of the proposal is 0.4:1.0 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, 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.

(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:

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

The dwelling contains a portico and first floor balcony within the articulation zone. The portico and balcony do not exceed 25% of the articulation zone and are still setback a minimum 3m.

 

Yes

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

The assumed primary 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 are compliant with the maximum width requirements

Yes

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

Driveway crossing width is 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. A minimum 6.88m rear setback is proposed.

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 upper floor has a minimum 2.5m minimum side setback to a section of the Bed 4 ensuite with the remainder of the building set at a minimum 3.0m as shown on the site plan.

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 of useable area available for open space in one area including a useable 4m x 4m space.

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 internal living areas from the proposed dwelling to adjacent dwellings when within a 9m radius of any part of the windows of adjacent southern neighbouring dwellings and/or within 12m of their primary private open space areas.

There are vacant sites to the east and west with no approvals in place as yet.

Upper bedroom balconies are no closer than 3m to boundary.

The main living deck at an elevated ground floor level at the rear achieves a 12m separation to main primary private open space area of southern neighbours.

No privacy screens are recommended.

Refer also commentary in submissions section of this report and working drawings below submissions table for assistance.

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

Outside the perimeter of the external building walls:

-    Cut will be a maximum 1.4m within the north-eastern corner of the site.

-    Fill is maximum change 1m

 

 

 

No*

 

 

 

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

Condition recommended to require engineering certification for all retaining walls

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

Yes

2.5.3.11

Section 94 contributions

N/A

 

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

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 seeks to vary the Development Provision relating to maximum recommended cut outside the building walls. The maximum cut is proposed to be approximately 1.4m and preliminary engineering details have been submitted as part of the DA assessment. The levels have been refined during the assessment of the application.

 

The relevant objectives are:

 

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

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

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

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

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

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

 

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

·        The exceedance of cut will unlikely lead to excessive site disturbance given the existing levels across the front section of the site.

·        There are no adverse impacts including privacy or overshadowing identified to the neighbouring properties.

·        The height of the retaining walls will not adversely affect the streetscape of Yaluma Drive.

Having regard to the DCP provisions, it should be noted that the following preamble applies to the assessment of Development Applications:

 

Variations

Council may consider varying the development provisions where it can be adequately demonstrated that the objective to which the provision relates can be wholly achieved by reasonable or innovative solutions and the proposal is consistent with all relevant LEP aims and Zone Objectives.

Based on the above assessment, the variation proposed to the provisions of the DCP is considered acceptable and the relevant objectives have been satisfied. Cumulatively, this variation does not amount to an adverse impact that would justify refusal of the application.

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

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

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

NSW Coastal Policy 1997

The proposed development is consistent with the objectives and strategic actions of this policy.

(a)(v) Any Coastal Zone Management Plan

None applicable.

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

 

Context and setting

•    The 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 including the future character of this developing section of Yaluma Drive. The proposal also adequately addresses planning controls (as justified) for the area.

 

•    There are no identifiable adverse impacts on existing view sharing. It is noted that the proposal is compliant with height and side setback controls.

 

•    There are no adverse privacy impacts having regard to the DCP requirements.

 

•    There are no identifiable 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

An existing water service is available within Yaluma Drive for connection. Specific connection details will be addressed at the S.68 stage.

 

Sewer

The site slopes towards the rear of the site. A sewer main service including a junction is available to connect to in the south-eastern rear corner of the site with details required at the S.68 stage.

 

Stormwater

The site slopes towards the rear of the site. The site is serviced by an existing interallotment stormwater drainage system providing a junction to the existing stormwater line in the south-eastern corner. The line has benefitting easements across neighbouring properties to provide this ability to legally dispose of stormwater. It is also noted that a 5000 litre water tank is proposed to be installed on-site.

 

Other Utilities

Underground 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 (ie maintained employment and 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.

 

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

 

Two (2) written submissions have been received following public exhibition of the application.

 

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

 

Submission Issue/Summary

Planning Comment/Response

10 Timothy Place

The proposed dwelling will overlook our backyard and lounge room windows giving us no privacy.

Always expected some dwelling to be built behind us with a slight visual of our backyard but this planned development will look straight into our lounge room.

It is noted that this neighbour is directly to the south of the proposal.

The filling proposed is now refined to be no more than 1m in height outside the building envelope.

The finished floor level of the internal living room area is assumed to be RL40.095m (the garage has no set down area) and the rear deck has a setdown area of 65mm below that.

The rear of the proposed dwelling with its elevated ground floor deck is approximately 2m above existing ground level, 1.4m above the adjusted ground level (600mm of fill before measuring height of adjusted floor level) proposed and has a drop edge beam construction proposed in part.

The proposed dwelling and its rear setback relating to this southern neighbour are considered suitable for the following reasons:

·   The proposed dwelling has a minimum setback distance to the rear boundary at the closest point of 6.89m. This is greater than the minimum 4m recommended standard by the DCP.

·   The diagram below this table illustrates key distance criteria with relation to the closest living room window and this closest southern neighbour. The key distances from the proposed rear deck are not shown however if 2.5m is added to the 12m radius shown in yellow to measure from the proposed rear deck also (at a point roughly half of the blue 5.36m line shown) it is considered that there is no direct views to the principal private open space area of this neighbour within 12m of the proposed living room deck.

·   The upper main living room floor plan of this neighbouring southern dwelling is set approximately 2.6m lower than the common boundary fencing point between these properties. There is also an existing 1.8m high fence. Refer working drawings compiled by the Assessing Officer shown also below for reference.

·   All upper floor level rooms of the proposed dwelling are also bedrooms only on the rear southern side. The DCP does not require any specific consideration of bedroom windows privacy impacts.

There will be shadowing to some of the garden and part of the house in the late afternoon.

It is noted that the original shadow diagrams were incorrect. This matter was raised with the Applicant during the assessment of the application.

The Applicant originally submitted the shadow diagrams only due to the setback (particularly for the first floor level) being originally less than 3m on the western side boundary as triggered by the DCP.

With regard to the submission, the dwelling proposed has a greater setback than the minimum 4m recommended standard and it is considered that the proposal will not result in any identifiable adverse shadow impacts during the key 9am to 3pm period at the mid-winter solstice to this southern neighbour. Requesting a greater rear setback particularly for the first floor, which is compliant with the height limit, would be considered unreasonable.

12 Timothy Place

The development overlooks our living area, backyard, swimming pool and our dining area. The filling area is almost 2 metres from 37.71 to 39.77 and then there is 2 storey on top so that will set the house very high.

It is noted that this neighbour is directly to the south-west of the proposal.

The filling proposed is now refined to be no more than 1m in height outside the building envelope.

The finished floor level of the internal living room area is assumed to be RL40.095m (the garage has no set down area) and the rear deck has a set down area of 65mm below that.

The rear of the proposed dwelling with its elevated ground floor deck is approximately 2m above existing ground level, 1.4m above the adjusted ground level (600mm of fill before measuring height of adjusted floor level) proposed and has a drop edge beam construction proposed in part.

The proposed dwelling and its rear setback relating to this southern neighbour are considered suitable for the following reasons:

·   The proposed dwelling has a minimum setback distance to the rear boundary at the closest point of 6.89m. This is greater than the minimum 4m recommended standard by the DCP.

·   There are no primary living areas or primary private open space areas within 9m or 12m of proposed dwelling.

·   The upper main living room floor plan of this neighbouring southern dwelling is set approximately 3.3m lower (based upon a review of their approved plans as constructed) than ground level at the north-eastern corner of this neighbour’s property. There is also an existing 1.8m high fence in between this neighbour and the proposal and a new additional fence to be proposed on the western boundary of the subject proposal’s site.

·   All upper floor level rooms of the proposed dwelling are also bedrooms only on the rear southern side. The DCP does not require any specific consideration of bedroom windows privacy impacts.

The shadow diagram in the proposal is misleading (incorrect direction of the north), the development will have negative impact 'shading' on us and the adjoining residences (51 Yaluma drive).

It is agreed that the original shadow diagrams were incorrect. This matter was raised with the Applicant during the assessment of the application.

The Applicant originally submitted the shadow diagrams only due to the setback (particularly for the first floor level) being originally less than 3m on the western side boundary as triggered by the DCP.

With regard to the submission issue raised, the dwelling proposed has a greater setback than the minimum 4m recommended standard and it is considered that the proposal will not result in any identifiable adverse shadow impacts during the key 9am to 3pm period at the mid-winter solstice to this southern neighbour. Requesting a greater rear setback particularly for the first floor, which is compliant with the height limit, would be considered unreasonable.

With regard to No.51 Yaluma Drive, the proposed western side setback has been increased to provide for a primary 3m side setback (Note the bed 4 ensuite has a 2.5m setback with no eave referred to earlier in this report).

 


 

(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 adversely impact on the wider public interest.

 

4.       DEVELOPMENT CONTRIBUTIONS APPLICABLE

 

No contributions are applicable.

 

5.       CONCLUSION

 

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

 

Issues raised during assessment and public exhibition of the application have been considered in the assessment of the application. Where relevant, conditions have been recommended to manage the impacts attributed to these issues.

 

The site is suitable for the proposed development, is not contrary to the public's interest and will not have a significant adverse social, environmental or economic impact. It is recommended that the application be approved, subject to the recommended conditions of consent provided in the attachment section of this report.

 

 

Attachments

 

1View. DA2017 - 877.1 DA Plans.

2View. DA2017 - 877.1 Recommended Conditions

3View. DA2017 - 877.1 Submission - Alkinani

4View. DA2017 - 877.1 Submission - Kennedy

 


  ATTACHMENT

Development Assessment Panel

13/12/2017

 


 


 


 


 


 


 


 


 


 


  ATTACHMENT

Development Assessment Panel

13/12/2017

 


 


 


  ATTACHMENT

Development Assessment Panel

13/12/2017

 


  ATTACHMENT

Development Assessment Panel

13/12/2017

 


AGENDA                                              Development Assessment Panel      13/12/2017

 

 

Item:          08

 

Subject:     DA2017 - 866.1  Alterations And Additions To Dwelling And Construction Of Pool - Lot 134 DP 246284, No 60 Hibbard Drive, Port Macquarie

Report Author: Fiona Tierney

 

 

 

Applicant:               Dale C Carr & Associates

Owner:                    M S & S M Sciascia

Estimated Cost:     $350,000

Parcel no:               8783

Alignment with Delivery Program

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

 

 

 

 

RECOMMENDATION

That DA 2017 – 866.1 for alterations and additions to dwelling and construction of pool at Lot 134, DP 246284, No. 60 Hibbard Drive, Port Macquarie, be determined by granting consent subject to the recommended conditions.

 

 

Executive Summary

This report considers a development application for alterations and additions to dwelling and construction of pool 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 824.4m2.

 

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=9079e55f-e8f6-4410-b57d-d9a34eeffbd5&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=e7be2842-1c6d-49aa-be4a-55cf0efc8048&contentType=image%2Fjpeg

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the proposal include the following:

 

 

·    Ground floor awning

·    Boat Ramp/Shed

·    Upper floor additions and Juliet balcony

·    Lower floor reconfiguration and additions

·    In ground swimming pool

 

Refer to attachments at the end of this report.

 

Application Chronology

 

·    28 September 2017 - Application lodged.

·    11 October 2017 to 24 October 2017 - Neighbour notification of the proposal.

·    27 November 2017 - Site and impact to neighbouring properties inspected by assessing officer.

 

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 as defined in accordance with clause 4 of SEPP 71.

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

Having regard to clauses 8 and 12 to 16 of SEPP 71 and clause 5.5 of Hastings LEP 2011 inclusive the proposed development will not result in any of the following:

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

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

c)         any identifiable adverse impacts on any known flora and fauna (or their natural environment);

d)         subject to any identifiable adverse coastal processes or hazards;

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

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

g)         reduce the quality of the natural water bodies in the locality.

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

 

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

 

BASIX certificate (number A292448) has been submitted demonstrating that the proposal will comply with the requirements of the SEPP. It is recommended that a condition be imposed to ensure that the commitments are incorporated into the development and certified at Occupation Certificate stage.

 

Port Macquarie-Hastings Local Environmental Plan 2011

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

•     Clause 2.2, the subject site is zoned R1 General Residential. In accordance with clause 2.3(1) and the R1 zone landuse table, the dwelling and 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, contributes to the range of housing options available for the community and consistent with the residential locality.

•     Clause 4.3 Height of buildings – the dwelling is less than the maximum 8.5m height limit.

•     Clause 4.4 Floor space ratio – the proposed FSR is 0.41:1, less than the allowable 0.65:1.

•     Clause 7.3 Flooding - The site is located in an area subject to flooding. The application has been referred to Council’s flood engineer who has concurred that the proposal is acceptable and appropriate conditions have been applied.

•     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

DCP Objective

Development Provisions

Proposed

Complies

3.2.2.3

Garage minimum 5.5m front setback and garage door recessed behind building line at least 1m or eaves/overhangs provided

Complies with 5.5m and 1m setback requirement.

Yes

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

Existing

N/A

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

Existing

N/A

3.2.2.4

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

Rear/canal setback is governed by the 88B instrument. Proposal is consistent with the 88B instrument setbacks and adjoining development.

Yes

3.2.2.5

Side setbacks:

·    Ground floor min. 0.9m

·    First floors & above min. 3m setback, unless demonstrated that adjoining property primary living areas & POS unaffected.

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

Building wall articulation satisfactory.

Yes

3.2.2.6

35m2 min. private open space area including a useable 4x4m min. area which has 5% max. grade and is directly accessible from a ground floor living area.

Dwelling has a minimum 35m2 private open space including 4m x 4m area accessible from living room.

Yes

3.2.2.10

Privacy:

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

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

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

One objection has been received relating to privacy from the neighbour to the North. However, the closest windows are bedroom windows and a privacy screen is proposed along the western end of the alfresco area. Existing screening also exists along the fence through existing vegetation.

Small Juliet balcony is proposed accessible from upper bedroom, which will create minimal privacy impacts.

 

 

Yes

 

DCP 2013: General Provisions

DCP Objective

Development Provisions

Proposed

Complies

2.7.2.2

Design addresses generic principles of Crime Prevention Through Environmental Design guideline:

·    Casual surveillance and sightlines

·    Land use mix and activity generators

·    Definition of use and ownership

·    Lighting

·    Way finding

·    Predictable routes and entrapment locations

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

Yes

2.3.3.2

1m max. height retaining walls along road frontages

 

N/A

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

Condition recommended requiring certification of retaining walls.

Yes

Combination of retaining wall and front fence height

 

N/A

2.3.3.8 onwards

Removal of hollow bearing trees

None proposed to be removed.

Yes

2.6.3.1

Tree removal (3m or higher with 100mm diameter trunk and 3m outside dwelling footprint

None proposed to be removed.

Yes

2.4.3

Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater

Refer to main body of report.

 

2.5.3.2

New accesses not permitted from arterial or distributor roads. Existing accesses rationalised or removed where practical

Access from local road.

Yes

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

Existing.

Yes

2.5.3.3

Off-street parking in accordance with Table 2.5.1:

·    1 space = single dwelling (behind building line) and dual occupancy

·    Medium density – 1 per 1 or 2 bed dwelling or 1.5 per 3-4 bed dwelling + 1 visitor/4 dwellings

Double garage.

Yes

2.5.3.14

Sealed driveway surfaces unless justified

Concrete.

Yes

2.5.3.15

Driveway grades for first 6m of ‘parking area’ shall be 5% grade

(Note AS/NZS 2890.1 permits steeper grades)

Capable of complying. 

Yes

2.5.3.16

Transitional grades min. 2m length

Capable of complying. 

Yes

 

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

 

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

 

iv)     any matters prescribed by the Regulations:

 

New South Wales Coastal Policy:

Site is located within the area covered by the Coastal Policy. The proposed development will impact on the achievement of the aims and objectives of the policy or SEPP 71.

 

Demolition of buildings AS 2601:

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

 

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

 

No Coastal Zone Management Plan applies to the subject site.

 

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

 

The site has a general westerly street frontage orientation to Hibbard Drive. The site is set amongst existing canal development that is a mixture of single and two storey dwellings.

 

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

 

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

 

The proposal does not have significant adverse lighting impacts.

 

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

 

Overshadowing

There are additional overshadowing impacts due to the orientation of the subdivision blocks. However, the second storey is setback 3 metres to each side boundary which assists with reducing the impact. Overall, no adverse overshadowing will occur.

 

Roads

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

 

Traffic and Transport

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

 

Site Frontage & Access

Vehicle access to the site is proposed though an existing driveway. Access shall comply with Council AUSPEC and Australian Standards, and conditions have been imposed to reflect these requirements.

 

Parking and Manoeuvring

A total of 2 parking spaces have been provided on-site within the garage with additional parking provided available within the driveway. Parking and driveway widths on site can comply with relevant Australian Standards (AS 2890) and conditions have been imposed to reflect these requirements.

 

Water Supply Connection

Council records indicate that the development site has an existing service.

 

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

 

Refer to relevant conditions of consent.

 

Sewer Connection

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

 

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

 

Flooding

The site is located in an area subject to flooding. The application has been referred to Council’s flood engineer who has concurred that the proposal is acceptable and appropriate conditions have been applied.

 

 

Stormwater

The property contains existing stormwater infrastructure.

Detailed stormwater plans will be required to be submitted with the S.68 application but is overall considered achievable.

 

Other Utilities

Telecommunication and electricity services are available to the site.

 

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

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

 

Energy

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

 

Noise and vibration

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

 

Bushfire

The site is not identified as being bushfire prone.

 

Safety, security and crime prevention

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

 

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 on impacts such as expenditure in the area.

 

Site design and internal design

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

 

Construction

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

 

Cumulative Impacts

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

 

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

 

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

 

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

 

 

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

 

One (1) written submission was 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

Development extends further towards canal than original plan shown.

Submission details that a previous concept plan was shown - this plan is different but not a reason for refusal. Private matter.

Interference with natural light into lounge room for additions and screen to alfresco.

Proposal is consistent with similar development within the street. No exceptionally marked loss of light anticipated.

Privacy impacts from bedroom window opposite.

Existing gym/habitable room with window opposite - no significant additional loss of privacy.

Privacy impacts balcony.

No balcony adjoining boundary as submitter had thought. Small Juliet balcony on Northern side that is not anticipated to be a significant privacy issue (ie low use area).

Proposed pool privacy impacts and noise.

No significant privacy issues to adjoining neighbours - pool is at ground level. Possible noise due to use but considered appropriate development that is reasonable in residential context.

Geotechnical adequacy of soil for pool.

Construction certificate/engineering issue. Considered capable of being addressed and construction certificate stage.

Over development of the site

Development is consistent with other residential development in the vicinity. The proposal complies with the density and height provisions of the LEP.

View Loss

Minor view loss from one half of the upper bedroom window. Significant canal views to North and South available from additional bedroom window and lower floor living areas. No iconic views or substantial land/water interface is to be lost.

Retention of street tree creating conductor for lightning and pedestrian hazard

Not a consideration under this application - no abnormal conditions apply.

Completion time - possible limit

Standard legislative commencement times will apply.

 (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

 

Contributions do not apply to dwelling additions.

 

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 - 866.1 Plans

2View. DA2017 - 866.1 Recommended  Conditions

3View. DA2017 - 866.1 Submission - Raab

 


  ATTACHMENT

Development Assessment Panel

13/12/2017

 


 


 


 


 


 


 


 


 


 


  ATTACHMENT

Development Assessment Panel

13/12/2017

 


 


 


 


  ATTACHMENT

Development Assessment Panel

13/12/2017

 


 


 


 


 


 


 


 


 


 


 


AGENDA                                              Development Assessment Panel      13/12/2017

 

 

Item:          09

 

Subject:     DA2017 - 966.1 Animal Boarding And Training  Establishment (Dogs) - Lot 6 DP 252224, No 406 Pembrooke Road, Redbank

Report Author: Fiona Tierney

 

 

 

Applicant:               G A & D A NELSON

Owner:                    G A & D A NELSON

Estimated Cost:     NIL

Parcel no:               19035

Alignment with Delivery Program

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

 

 

 

RECOMMENDATION

That DA2017 – 966.1 for an Animal Boarding and Training Establishment (Dogs) at Lot 6, DP 252224, No. 406 Pembrooke Rd, Redbank, be determined by granting consent subject to the recommended conditions.

 

 

Executive Summary

 

This report considers a development application for an Animal Boarding and Training Establishment at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

 

Following exhibition of the application, 2 submissions were received.

 

1.       BACKGROUND

 

Existing sites features and Surrounding development

 

The site has an area of 2.245 Ha.

 

The site is zoned RU1- Primary Production 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=57e39158-05c9-4c20-a08a-59ff7825146a&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=74b086fe-3046-4701-af22-add2db2d7a98&contentType=image%2Fjpeg

2.       DESCRIPTION OF DEVELOPMENT

 

Key aspects of the proposal include the following:

 

·    Designated fenced areas for dog training.

·    Indoor boarding (ie within the dwelling) of dogs.

 

Refer to attachments at the end of this report.

 

Application Chronology

 

·    30 October 2017 - Application lodged.

·    7 November 2017 to 20 November 2017 - Neighbour notification of the proposal.

·    20 November 2017 - Additional information and amended plans submitted by Applicant.

·    24 November 2017 – Site proposal discussed and impact to neighbouring properties inspected by assessing officer.

 

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. 33 - Hazardous and Offensive Development

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

 

State Environmental Planning Policy No. 44 - Koala Habitat Protection

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

In this case, the application has demonstrated that no habitat will be removed or modified (ie site involves cleared farm land). Therefore no further investigations are required.

 

State Environmental Planning Policy No.55 – Remediation of Land

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

 

 

 

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

Given the nature of the proposed development, buffers, and distance to the brackish waters of the Hastings River; the proposal will be unlikely to have any adverse impact on existing aquaculture industries.

 

State Environmental Planning Policy No. 64 – Advertising and Signage

The proposed development does not include proposed advertising signage - separate application will be required to be made with each first use application where any proposal falls outside Exempt and Complying Development.

 

State Environmental Planning Policy (Rural Lands) 2008

The proposed development is unlikely to create any conflict with surrounding rural uses, will not result in a loss of rural land and provides a use that compliments the rural area. Conditions will also be proposed to manage any likely impacts to an acceptable level. Overall, the development is considered to be consistent with the objectives of the SEPP.

 

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 RU1 Primary Production. In accordance with clause 2.3(1) and the RU1 zone landuse table, the proposed development for an Animal Boarding and Training Establishment is a permissible landuse with consent.

 

The objectives of the RU1 zone are as follows:

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

To encourage diversity in primary industry enterprises and systems appropriate for the area.

To minimise fragmentation and alienation of resource lands.

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

 

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 for diversity in primary industry enterprises.

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

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

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

 

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

 

None relevant to the proposal.

 

(iii)    any Development Control Plan in force:

 

Port Macquarie-Hastings Development Control Plan 2013

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

 

DCP Objective

Development Provisions

Proposed

Complies

 

2.3.3.8 onwards

Removal of hollow bearing trees

None proposed to be removed.

Yes

2.6.3.1

Tree removal (3m or higher with 100mm diameter trunk and 3m outside dwelling footprint

None proposed to be removed.

Yes

2.4.3

Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater

Refer to main body of report.

 

2.5.3.2

New accesses not permitted from arterial or distributor roads. Existing accesses rationalised or removed where practical

No new access to arterial or distributor road proposed.

Yes

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

Existing.

Yes