Agenda of Development Assessment Panel

AGENDA Development Assessment Panel 28/02/2018

Item: 05

Subject: DA2017 - 721.1 Manufactured Housing Estate, Manager's Residence And Associated Infrastructure - Lot 2 DP 1224314, Lot 2 DP 1172154 Thrumster Street, Thrumster

Report Author: Benjamin Roberts

Applicant: GEM Planning Projects

Owner: G R & M P Murcott

Estimated Cost: $8,600,000

Parcel no: 65729, 62394

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2017 – 721.1 for a Manufactured Housing Estate, Manager’s Residence and Associated Infrastructure at Lot 2, DP 1224314 and Lot 2, DP 1172154 Thrumster Street, Thrumster, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a manufactured housing estate, manager’s residence and associated infrastructure at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

Following exhibition of the application, three (3) submissions have been received.

1. BACKGROUND

Existing sites features and Surrounding development

The site has an area of 86,794.85m² or 8.68 hectares.

The site is zoned R1 General Residential and E3 Environmental Management in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

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

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· 151 dwelling sites accommodating a mix of 1 and 2 bedroom dwellings.

· Community facilities comprising dining hall, recreation spaces, barbeque areas, tennis court, lawn bowls, pool and parking.

· Manager’s residence and sales office.

· Van and storage area.

· Ancillary roads and car parking.

· Landscaping and environmental enhancements.

· Construction of the road reserve connection to Thrumster Street.

Refer to attachments at the end of this report.

Application Chronology

· 17 August 2017 - Application lodged.

· 24 August 2017 – Integrated development referral to NSW Rural Fire Service.

· 24 August 2017 – Integrated development referral to NSW Office of Water.

· 31 August to 29 September 2017 – Public exhibition neighbour notification and advertising in the local papers.

· 18 September 2017 – Social impact assessment report lodged.

· 4 October 2017 – Referral to Essential Energy.

· 10 October 2017 – Request for additional information from NSW Rural Fire Service.

· 16 November 2017 – Additional information request from Council.

· 24 November 2017 – Essential Energy response.

· 5 December 2017 – Additional information response to NSW Rural Fire Service received and forwarded to NSW Rural Fire Service.

· 20 December 2017 – Additional information response to Council matters received with amended plans.

· 22 January 2018 – Applicant advice that E3 zoned land to be dedicated to Council as per Voluntary Planning Agreement and intended purchase of triangular parcel of Council land not proceeding. Amended plans received to entrance in lieu of above.

· 29 January 2018 – Bushfire Safety Authority conditions received.

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. 36 - Manufactured Home Estates

The aims of this policy and comments are provided below:

a) to facilitate the establishment of manufactured home estates as a contemporary form of medium density residential development that provides an alternative to traditional housing arrangements, and

Comments: Manufactured Home Estates are considered a contemporary form of medium density housing. The proposed development will provide an alternative to traditional housing.

(b) to provide immediate development opportunities for manufactured home estates on the commencement of this Policy, and

Comments: This policy was gazetted and commenced on 16 July 1993.

(c) to encourage the provision of affordable housing in well designed estates, and

Comments: The proposal will provide for affordable housing in a specifically designed

estate. Adequate provision has been made for on-site facilities, services and open space.

(d) to ensure that manufactured home estates are situated only in suitable locations and not on land having important resources or having landscape, scenic or ecological qualities that should be preserved, and

Comments: Assessment of the proposal having regard to landscape, scenic and in particular ecological qualities have concluded the site suitable for the proposed development. Refer to detailed comments under Flora and Fauna assessment later in this report.

(e) to ensure that manufactured home estates are adequately serviced and have access to essential community facilities and services; and

Comments: The proposed development will be serviced by adequate infrastructure including reticulated water and sewer facilities. The proposal will provide a number of community facilities within the estate and access to social and health services will be available.

(f) to protect the environment surrounding manufactured home estates, and

Comments: Measures have been incorporated into the design of the estate to provide protection to the environment within and surrounding the proposed estate. These measures have been incorporated into a Vegetation Management Plan (VMP).

(g) to provide measures which will facilitate security of tenure for residents of manufactured home estates.

Comments: Tenure is largely secured through the large upfront capital required to establish supporting infrastructure. Conditions of consent have been recommended to require community and recreational facilities to be provided up front and before occupation of any sites. Ongoing tenancy agreements are the other means for tenure security.

The proposed development is considered consistent with the aims of this policy.

Clause 6 - Where development for the purposes of a manufactured home estate may be carried out

Clause 6 of this policy provides where development for the purposes of a manufactured home estate maybe carried out.

The proposed development is permissible with the consent of Council pursuant to clause 6. In particular, the subject clause allows a manufactured home estate on land where a caravan park is permissible. The R1 residential zoning of the subject land allows caravan parks with development consent. In addition, the proposed development is not subject to any of the excluded areas contained in Schedule 2 of the SEPP.

Clause 7 - Development consent required for manufactured home estates

Clause 7(1) provides that development for the purposes of a manufactured home estate permitted to be carried out by this Policy may be carried out only with the development consent of the council.

Comments: Noted. This development application is seeking such development consent.

Clause 7(2) provides that a council must not consent to any such development unless it imposes, as a condition of the consent, a requirement that an approval to operate a manufactured home estate on the land on which the development is to be carried out must be obtained under Part 1 of Chapter 7 of the Local Government Act 1993.

Comments: Noted. Suitable condition recommended.

Clause 7(3) provides that nothing in this Policy requires a separate development consent to authorise the placing of each manufactured home within a manufactured home estate.

Comments: Noted.

Clause 8 - Subdivision of manufactured home estates

(1) Land on which development for the purposes of a manufactured home estate may be lawfully carried out (whether or not because of a development consent granted pursuant to this Policy) may be subdivided:

(a) under section 289K of the Local Government Act 1919 for lease purposes, or

(b) under the Community Land Development Act 1989,

only with the development consent of the council.

(2) A council must not grant a development consent for such a subdivision if any of the lots intended to be created by the proposed subdivision would contravene a requirement of the Local Government (Manufactured Home Estates) Transitional Regulation 1993.

(3) Any prohibition or restriction on the subdivision of land imposed by any other environmental planning instrument (whether made before or after this Policy) does not apply to such a subdivision.

(4) This Policy does not allow the subdivision of land within a Crown reserve.

Comments: No subdivision for lease or community title purposes is proposed.

Clause 9 - Matters to be considered by councils

Clause 9(1) provides that Council may grant development consent for the purposes of a manufactured home estate only if it satisfied:

(a) That each of the sites on which a manufactured home is or will be installed within the manufactured home is or will be installed within the manufactured home estate is or will be adequately provided with reticulated water, a reticulated sewerage system, drainage and electricity, and

Comments: Each of the proposed sites within the proposed estate would be serviced by reticulated water, reticulated sewer, drainage and electricity services.

(b) that the manufactured home estate is or will be provided with adequate transport services, and

Comments: The road network provided to and within the estate is considered appropriate for the proposed development. A private daily bus service is proposed to provide residents with access to wider services in the Port Macquarie Central Business District.

(c) that sufficient community facilities and services, whether situated within or outside the estate, are or will be available and reasonably accessible to the residents of the manufactured home estate, and

Comments: A range of community facilities are proposed within the estate, which will be directly available and accessible to the residents within the estate. The community facilities proposed include dining hall, swimming pool, tennis court, lawn bowls, library, gym/yoga, amenities and caravan storage area. In providing a private bus service residents within the estate will also have access to a range of facilities and services outside the estate and surrounds.

(d) that the development will not have an adverse effect on any:

· conservation area

· heritage item

· waterway or land having special landscape, scenic or ecological qualities,

· which is identified in an environmental planning instrument applicable to the land concerned.

Comments: The proposed development will not have an adverse impact on any of the above.

Clause 9(2) provides that Council may grant development consent for the purposes of a manufactured home estate only after it has considered the following:

(a) the cumulative impact of the proposed development and other manufactured home estates in the locality,

Comments: An assessment of the proposed development, supporting documentation and legislative provisions suggests that there will be no adverse cumulative impact on the locality or other manufactured home estates in the area.

(b) any relevant guidelines issued by the Director,

Comments: No relevant guidelines identified.

Comments: The above Regulation has since been repealed. The Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 is the current Regulation applicable. A detailed checklist of compliance with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 is attached as a table at the end of this report.

State Environmental Planning Policy No. 44 - Koala Habitat Protection

The Thrumster (Area 13) Koala Plan of Management (KPoM) applies to the site. In accordance with clause 9 of the policy Council’s determination of the application must not be inconsistent with the adopted plan of management.

The application is supported by an ecological impact assessment prepared by Flora and Fauna Consulting dated 22 December 2014. This report was prepared for a previous application for the subdivision of the land. The ecologist has reviewed the report against the current proposal and notes the proposed manufactured home estate is contained to the same development footprint of the residential subdivision and that there have been no significant changes to the legislative framework applicable since the original assessment was undertaken.

The proposed development includes tree removal including removal of koala food trees which is proposed to be addressed with compensatory offset plantings within the E3 zoned land to be dedicated to Council. The offset plantings are detailed in the Vegetation Management Plan (VMP) lodged with the application. A condition has been recommended requiring the VMP to be approved by Council prior to the issue of any Construction Certificate.

The findings of the Koala habitat assessment within the ecological assessment report identified the south western corner of the R1 zoned land as core Koala habitat. All four Koala food trees within this area are to be retained. Consent conditions are recommended requiring title restrictions in relation to the keeping of domestic dogs, fencing and protection of preferred koala food trees within the identified core Koala habitat, consistent with the provisions of the KPoM.

The proposal is not inconsistent with the adopted Area 13 Koala Plan of Management and clause 9 of the policy is satisfied.

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 – Advertising and Signage

The proposal incorporates entry feature signage to the front wall at the entrance to the proposed estate. The proposal satisfies the applicable requirements of this policy. The assessment table provided below provides consideration of the proposal in accordance with schedule 1 of the policy.

Applicable clauses for consideration	Comments	Satisfactory
Clause 8(a) Consistent with objectives of the policy as set out in Clause 3(1)(a).	The signage is consistent with the objectives of this policy.	Yes
Schedule 1(1) Character of the area.	The entrance wall and signage to be incorporated will not be out of character of the area.	Yes
Schedule 1(2) Special areas.	The entrance signage will not adversely impact on any special areas.	Yes
Schedule 1(3) Views and vistas.	The entrance signage will not adversely impact on any views or vistas.	Yes
Schedule 1(4) Streetscape, setting or landscape.	The entrance works and signage will not adversely detract from the streetscape.	Yes
Schedule 1(5) Site and building.	This signage is compatible with the entrance wall to which it is to be located.	Yes
Schedule 1(6) Associated devices and logos with advertisements and advertising structures.	None proposed.	N/A
Schedule 1(7) Illumination.	No illumination of the entrance signage is proposed.	Yes
Schedule 1(7) Safety.	The signage will not adversely impact on public safety matters.	Yes

State Environmental Planning Policy (Infrastructure) 2007

The proposal was not required to be referred to Roads and Maritime Services as it does not meet the thresholds specified in Schedule 3 of this policy.

Clause 111A of the policy provides that development for the purposes of stormwater management system may be carried out by any person with consent on any land. The stormwater detention basins serving this development and adjoining land to the east are proposed in the E3 zone land are permissible with consent.

State Environmental Planning Policy (State and Regional Development) 2011

The proposed development does not have a capital investment value of more than $20 million and is not considered regional development.

Port Macquarie-Hastings Local Environmental Plan 2011

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

· Clause 2.2, the subject site is zoned R1 General Residential and E3 Environmental Management. The proposed manufactured home estate is located on the R1 residential zoned land. In accordance with clause 2.3 the proposed development for a manufactured home estate is a permissible land use with consent in the R1 zone.

The associated stormwater management systems (i.e. detention basins), part of the Asset Protection Zone and environmental enhancement works are proposed in the adjoining E3 zone. The stormwater management systems are considered permissible under clause 111A of SEPP (Infrastructure) 2007. The environmental enhancement works are considered to be environmental protection works and are permissible with consent in the E3 zone.

· The part Asset Protection Zone (APZ) while necessary to serve this development is considered to be a result of strategic planning for a buffer between the adjoining E2 zoned land and R1 zoned land. The Port Macquarie-Hastings Development Control Plan 2013, Vegetation Management Plan and previous development consent for subdivision have envisaged in this case that the APZ extending into the E3 zone consistent with this proposal.

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.

The objectives of the E3 zone are as follows:

· To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

· 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:

· The development provides residential housing needs of the community.

· The development provides opportunity for a range of housing types and densities.

· The development includes revegetation of E3 land and future dedication to Council, which would provide for long-term protection of ecological values.

Clause 5.9 - A number of listed trees in Development Control Plan 2013 are proposed to be removed. Further comments on the proposed tree removal are provided in the flora and fauna section of this report.

Clause 5.10 – Heritage. The site does not contain or adjoin any known heritage items or sites of significance.

Clause 6.1- This clause requires satisfactory arrangements to be in place for designated State public infrastructure before the subdivision of land in an urban release area. No subdivision of land is proposed.

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 the urban release area.

Clause 6.3 - a DCP is in place for the urban release area. See comments later in this report for Chapter 4.5 of DCP 2013.

Clause 6.4 – Relationship between Part and remainder of Plan - this part to prevail to the extent of any inconsistency.

Clause 7.1 – Acid sulfate soils. The site contains mapped class 2 acid sulfate soils in the north western corner of the lot. There is minimal works proposed in this area and more specifically it will be filled to meet the flood planning levels. The exposure of any acid sulfate soils is unlikely.

Clause 7.3, the site is land within a mapped “flood planning area”. In this regard the following comments are provided which incorporate consideration of the objectives of Clause 7.3 & Council’s current flood policy:

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

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

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

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

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

· Conditions have been recommended requiring internal roads and finished levels of sites to meet that of the flood policy.

Clause 7.5 – Koala Habitat. Part of the site is mapped as Koala habitat. Specifically in the south western corner. The objective of this clause is to ensure the development is designed to retain Koala habitat. This area of the site is the proposed van storage area and which all four Koala food trees are to be retained. This clause provides that development consent should not be granted for development unless the development is consistent with the relevant adopted Koala Plan of Management. Refer to comments under SEPP 44 heading of which the proposal has demonstrated consistency with the adopted KPoM.

Clause 7.7 – Airspace operations. The proposed development will not penetrate the Limitation or Operations Surface however any cranes that may work on site may penetrate the Limitation or Operations Surface. A suitable condition has been applied advising that a controlled activity approval may be necessary for any crane and that applicants should check with the airport operator at the earliest possible stage.

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 and other services (i.e. NBN) will be subject to obtaining satisfactory arrangements from the service providers as recommended by a condition of consent.

(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

The following relevant provisions of the plan are addressed as follows:

*DCP 2013: General Provisions*
	Requirements	Proposed	Complies
2.2.2.1	Signage to be building or business identification. Be contained to within the property. Not project above building facades. Potential for light spill from illumination to be subject to curfew.	Entrance signage on front wall identifying the estate proposed. No illumination proposed.	Yes
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline	Adequate casual surveillance available	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	Earthworks proposed up front and capable of being managed. Suitable site management conditions recommended.	Yes
2.3.3.2	1m max. height retaining walls along road frontage	No retaining walls along road frontage proposed.	N/A
	Any retaining wall >1.0 in height to be certified by structure engineer	1.5m high retaining wall proposed along eastern boundary road. Suitable condition recommended requiring engineering certification.	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 combination of retaining and front fence proposed.	N/A
2.3.3.8	Removal of hollow bearing trees	Hollow bearing trees are proposed to be removed. Refer to detailed comments under the flora and fauna headings of this report.	Yes
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)	Tree removal is proposed, Refer to detailed comments under flora and fauna heading of this report.	Yes
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	Access proposed via public road connection.	Yes
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking	Single entry and exit point proposed via public road.	Yes
2.5.3.3	Parking in accordance with Table 2.5.1.	Adequate off-street parking is proposed consistent with the requirement of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.	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	Suitable landscaping proposed.	Yes
2.5.3.14	Sealed driveway surfaces unless justified	Internal roads to be sealed.	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	Internal roads can comply with requirements of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.	Yes
2.5.3.17	Parking areas to be designed to avoid concentrations of water runoff on the surface.	Parking areas will be adequately drained.	Yes
2.5.3.17	Vehicle washing facilities – grassed area etc available.	Suitable areas available for car washing.	Yes

*DCP 2013: Thrumster Area Based DCP provisions (note other generic DCP subdivision requirements are not considered)*
	Requirements	Proposed	Complies
4.5.3.1	Aboriginal heritage and archaeology	No potential sites within site identified.	Yes
4.5.3.2	Vegetation management plan required	Vegetation Management Plan submitted.	Yes
4.5.3.3	Hollow bearing trees - Refer above table	Refer to detailed comments under flora and fauna heading of this report.	Yes
4.5.3.4 - 4.4.3.6	Koala habitat	Area 13 KPoM addressed earlier in this report under SEPP 44 heading.	Yes
4.5.3.7	Stormwater Management Strategy required.	Stormwater strategy provided. See comments later in this report under Stormwater.	Yes
4.5.3.8	Water supply - reclaimed water and rainwater tank supply	Water supply strategy provided. Suitable conditions recommended.	Yes
4.5.3.9	Airspace protection	Refer to comments under clause 7.7 of the LEP.	Yes
4.5.3.10	Bushfire management - May allow up to 15m of 30m buffer width within Environmental Management Zone to be Outer Protection Area	15m of the proposed APZ to west is proposed within the E3 Environmental Management zone consistent with this provision.	Yes
4.5.3.11	Flooding	Extent of filling for sites and internal roads required at CC stage. Specific conditions recommended.	Yes
4.5.3.12	Noise industrial	N/A	N/A
4.5.3.13	Road noise	N/A	N/A
4.5.3.15	Transport network - Partridge Creek Residential	Refer to engineering comments.	Yes
4.5.3.17	Pedestrians and cycleways - Development is to provide for pedestrian and cycle ways generally in accordance with the relevant neighbourhood maps.	No footpaths or shareway is proposed in the location outlined in figure 4.5 – 54.	No. However given there are no public collector roads to be created within the estate is considered unreasonable from a safety and security perspective to enforce public footpath and share way through the site.
4.5.3.18	Provide the bus stops, including bus bays, and shelters, generally in the locations shown on Figure 4.5-57 and the relevant neighbourhood maps and not more than 600 metres apart.	There is no bus route proposed within the site. Bus stop identified at future collector road intersection with Thrumster Street can be accommodated.	Yes
4.5.3.19	Roads and fauna management corridors	Consistent.	Yes
4.5.3.20	Road hierarchy - Accommodate the provision of a street network generally in accordance with Figure 4.5-65.	The proposal does not propose a public collector road as identified in figure 4.5-62	No. However the traffic impact assessment accompanying the application has investigated and reviewed the need for the identified collector on the site. The report concludes that the provision of two collector roads to service the anticipated potential peak traffic generation of the Partridge creek precinct is not warranted around the western edge of this site. It is noted that the second perimeter road is proposed in the adjoining subdivision to the east. Based on these findings it is considered that the public collector road is not required.
4.5.3.21	Road design - collector, perimeter and collector roads that are perimeter roads	No collector road proposed.	N/A
4.5.4.1	Development sequencing - Partridge Creek Residential.	Consistent and sequencing is confirmed by conditions.	Yes
4.5.4.2	Sewerage	Refer to comments later in report. Suitable conditions provided.	Yes
4.5.4.3	Urban structure and lot layout - lot layout	Consistent.	Yes
4.5.4.4	Residential density - Partridge Creek - development consistent with urban structure in Figure 4.5-77	151 sites are proposed. The residential zoned area of the site is approximately 10 hectares. The density is 151/10 = 15.1 dwellings per hectare, which is in excess of the requirement of 6-10 dwellings per hectare for development in the R1 zone.	Yes
4.5.4.5	Public open space (passive and active) - Partridge Creek	No local parks within this section of Partridge Creek land.	N/A
4.5.4.6	Service infrastructure - Partridge Creek.	Proposal can be adequately serviced. Suitable conditions recommended.	Yes
4.5.5.1-4.5.5.2	Design guidelines	N/A	N/A

(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 Area 13 Environmental Land Management Planning agreement applies to the site. It was executed between the landowner and Port Macquarie-Hastings Council on 18 June 2008. The requirements of the Area 13 Environmental Land Management Planning Agreements shall be complied with at all applicable stages of the carrying out of the development. Such requirements include, but are not limited to, the required preparation and approval of a Detailed Management Plan (i.e. Vegetation Management Plan) and dedication of Environmental Management Land to Council in accordance with the Agreements. Appropriate conditions have been recommended.

The Thrumster Area 13 Murcott Planning Agreement applies to the site. It was executed between the NSW Department of Planning and the landowner. It confirmed that satisfactory arrangements are in place for designated State public infrastructure with respect to the previous development application for subdivision of the land via development application 2015/134. In summary it requires payment of a monetary contribution for each lot prior to issue of each relevant subdivision certificate. It is noted the proposal does not include any subdivision of land.

iv) any matters prescribed by the Regulations:

Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

It is noted the development application was accompanied by a section 82(1) under the Local Government Act 1993. Specifically seeking an exemption to clause 41 of this regulation which requires manufactured homes to be constructed and assembled onsite. This is noted however is not a matter for consideration under the development application process.

The relevant parts of the regulation are addressed below in the following table:

CLAUSE	REQUIREMENT (in summary)	COMMENT/COMPLIANCE
Division 1 Application of Part
Clause 1-4	No specific requirements only information on the legislation in terms of operation, definitions etc	Noted
5 Application of Part	This part applies to both the operation of the manufactured home estate and the installation of the home itself.	Noted
Division 2 Approvals and exemptions
6 Factors for consideration before approval is granted	(1) Council must be satisfied that the estate will be designed in accordance with Division 3; and (2) Council must have regard to the Floodplain Development Manual.	(1) The proposed development has been designed in accordance with Division 3, refer to comments in Division 3; (2) Consultation has been undertaken with Council’s Flooding Engineer as part of the site is mapped as flood prone land. Fill is proposed in low lying section to meet required flood planning levels. Council’s Flooding Engineer has given consideration to the proposal with regard to the Floodplain Development Manual and provided recommended conditions to be applied to any consent issued.
7 Matters to be specified in approval	Any approval must specify the number, size and location of the dwelling sites.	N/A only relevant to approval to operate.
8 Conditions of approval	The approval must be conditioned to ensure the design, construction, maintenance and operation of the estate is in accordance with Division 3.	N/A only relevant to approval to operate.
9 Conditional exemption	(1) Council approval is not required for: (a) the installation of a home within the estate, so long as it is designed, constructed and installed in accordance with Division 4 and is only occupied after certificate of completion is issued; or (b) the associated structure is designed, constructed and installed in accordance with Division 4. (2) This exemption applies only of the installation is carried out by the operator of the estate. (3) This exemption does not apply to the installation of a home on flood liable land. (4) This exemption does not apply for homes or associated structures of more than one storey.	N/A only relevant to approval to operate.
10 Installation on flood liable land	(1) Council must have regard to the Floodplain Development Manual. (2) The home must be designed, constructed and installed in accordance with Division 4.	(1) As detailed above part of the site is mapped as flood prone land. However fill is proposed to meet the necessary flood planning levels. (2) Noted.
11 Installation of manufactured home or associated structure of more than one storey	Council assessment must have regard to the amenity of the adjoining occupiers.	N/A only relevant to approval to operate/install. The plans provided indicate the dwellings will be of single storey construction.
Division 3 Manufactured home estates
12 Minimum size of estate	Estate must have an area of not less than 1 hectare.	Complies – total proposed manufactured home estate area is approximately 6.85 hectares.
13 Community amenities	(1) 10% of total area of estate must be reserved for recreation or other communal activities. (2) If lesser proportion, Council must have regard to the type and range of amenities proposed.	7521m² being 10.98% of the site is available for recreational or communal activities.
14 Size of dwelling sites	A dwelling site must have an area of at least 130m².	Complies – All proposed site have areas exceeding 130m². Minimum site area is 208m².
15 Site identification	(1) Dwelling site to be numbered with clearly identified boundaries. (2) Site identification must be conspicuous.	Complies – Each of the dwelling sites will be clearly numbered.
16 Dwelling sites to have road frontage	A dwelling site must have vehicular access to a road.	Complies – all proposed dwelling sites have frontage to a road
17 Setbacks of community buildings	(1) Not to be located closer than 10m to boundary of estate and dwelling sites. (2) Any lesser distance to satisfy Council that building has been properly screened, fenced, enclosed or otherwise treated. (3) Must not in any case be closer than 2m to any boundary.	The community facility buildings are to be setback closer than 10m and minimum of 2m from dwelling sites 9 to 18. Screening via a 1.8m high fence is proposed between the community building and the sites. Suitable consent condition recommended to reinforce. No dwelling sites or community buildings closer than 2m to any boundary.
18 Setbacks of dwelling sites from road frontages	(1) No closer than 10m to a public road or 3m to any other boundary unless approved. (2) Any lesser distance to satisfy Council that the dwelling site has been properly screened, fenced, enclosed or otherwise treated.	All dwelling sites are located greater than 10m from a public road and 3m from any other property boundary.
19 Use of buffer zones	Buffer zones can be used for: (a) community amenities, access roads, car parking, footpaths or landscaping, or (b) or any similar purpose.	Complies. Nothing proposed in buffer zones.
20 Entrance and exit roads	(1) Entrance to or exit from estate must be 8m wide. (2) Divided roads to have at least 5m on either side. (3) Tapers between entrance and access roads to be in the approval.	Complies. Proposed 8m width. The entrance and exit roads meet the requirements.
21 Width of roads	(1) Road reserve to be: (a) 8.5m for major access road, and (b) 6m for minor access road. (2) Sealed portion of access road must be: (a) 6m for major roads, and (b) 4m for minor roads. (3) Passing bays required for minor access roads exceeding 80m in length (4) Passing bays at intervals of 100m. (5) Sealed portion of access road with a passing bay to be: (a) 8.5m for major road, and (b) 6m for minor roads.	The widths of all proposed internal roads are capable of compliance with the requirements. Passing bays not required as no minimum road (i.e. 4m width is proposed).
22 Speed restrictions as part of road design	(a) 30 km/hr for major access roads, and (b) 15 km/hr for minor access roads.	To be sign-posted accordingly and suitable condition recommended.
23 Visitor parking	(1)(a) 8 spaces for an estate with 35 sites. (b) 12 spaces for 35 to 70 sites. (c) 16 spaces for 70 to 105 sites. (d) 20 spaces for 105, plus 1/7 sites over 140. (2)(a) Minimum dimensions of 5.4m x 2.5m, and (b) 6.1m x 2.5m. (3) Visitor spaces to be clearly identified.	For the 151 sites proposed a total of 22 visitor car parking spaces are required. It is proposed to provide 35 visitor spaces throughout the property.
24 Visitor parking for people with disabilities	(1) 1 space for people with a disability. (2) If more than 100 sites - 1 / 100 sites of fraction of 100 sites. (3) In accordance with AS/NZS 2890.1:2004. (4) Visitor and disabled spaces to be clearly marked. (5) Visitor spaces to be counted under clause 23.	For the 151 sites proposed a total of 2 disabled visitor spaces are required. 2 disabled visitor spaces proposed.
25 Road surfaces	Must have all-weather sealed surface, allow for adequate drainage and eliminate excessive grades.	All proposed roads to and within the development will have all asphalt sealed surface and will allow for adequate drainage.
26 Lighting	Roads to be lit between sunset and sunrise.	All roads proposed to be lit via fixed street lighting .
27 Water supply	(1)(a) Estate must be connected to mains water, or (b) provided with an alternative. (2)(a) Dwelling site must be connected to the estate water supply, and (b) separately metered. (3)(a) water supply to comply with the Plumbing and Drainage Code of Practice, and (b) Requirements of relevant statutory bodies. (4) Water for domestic requirements to comply with 'Australian Drinking Water Guidelines.	Complies – Estate is to be connected to mains water. Each dwelling site is to be connected to the estate water supply.
28 Sewerage	(1)(a) Estate must be connected to main sewer, or (b) alternative approved system. (2) Dwelling site to be connected to estate system. (3)(a) System to comply with the Plumbing and Drainage Code of Practice, and (b) Requirements of relevant statutory bodies.	Complies. Estate to be connected to reticulated main sewer. Each dwelling site will be connected to the estate system.
29 Drainage	(1) Estate to comply with specified and approved stormwater drainage system. (2)(a) dwelling site to be connected with estate system, or (b) or provided with on-site drainage system. (3)(a) System to comply with the Plumbing and Drainage Code of Practice, and (b) Requirements of relevant statutory bodies.	Conceptual stormwater management plan has been submitted and will be conditioned to comply. Dwelling sites will be directly connected to the stormwater drainage system.
30 Electricity supply	(1) Dwelling site to be supplied with electricity and a separate meter. (2) Installation in accordance with AS/NZS 3000:2000. (3) Electricity charge to comply with standard for locality.	Electricity supply is capable of being supplied to each dwelling site. Recommended condition applied requiring letter from respective electricity authority confirming satisfactory arrangement have been made.
31 Telephone lines	Must be available to each dwelling site.	Each dwelling site will have telephone service available.
32 Common trenches	Common trench may be used.	Noted.
33 Garbage removal	Arrangements to be specified and must be in a clean and sanitary condition.	All proposed dwelling sites will be provided with a garbage collection service via a private waste contractor. Bin storage areas have been identified on plans.
34 Fire hydrants	(1) Dwelling site and community building to be no more than 90m from fire hydrant. (2)(a) hydrant to be a double-headed pillar-type hydrant, and (b) maintained to standard specified.	Fire hydrants are proposed to meet the requirements.
35 Buildings	(1) A building must not be erected in an estate unless the approval allows. (2) Buildings allowed within an estate include: (a) community building, (b) Brick or masonry separating walls or external facades to homes. (3) Brick or masonry external façade permitted only if: (a) the dwelling site is within a 'neighbourhood lot', and (b) the owner of the lot is also the proprietor.	Complies. No buildings, other than community/recreational buildings are proposed as part of this proposal.
36 Use of manufactured home estates	(1)(a) estate must not be used for any other commercial purpose, or (b) manufacture, construction or reconstruction of a moveable dwelling. (2) Manufactured home may be used for exhibition purposes. (3) Renovation and maintenance permitted on homes.	Noted.
37 Community map	Map to be provided to Council.	Noted. A community map will be provided to Council. Will be a condition of any approval to operate the MHE.
38 Access to approval and community map	Approval, community map and this Regulation must be available for inspection.	Noted. Will be condition as part of the approval to operate the MHE.

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

No Coastal Zone Management Plan applies to the subject site.

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

Context and Setting

The subject site comprises Lot 2 DP 1224314 an elongated shaped lot with an unformed road frontage to Thrumster Street.

The total area of the subject land is 8.685 hectares. The site is currently land historically used for cattle grazing.

Adjoining the site to the north is Council owned land containing a sewer pump station and vegetation. Adjoining the site to the east is Council owned vacant residential zoned land. A development application (DA2017/675) has been lodged for subdivision of this adjoining land for the purpose of a 507 lot residential subdivision. Adjoining the site to the south are two existing larger residential lots containing existing dwelling houses. Beyond Thrumster Street are similar sized lots on the R5 Large Lot zone containing existing dwelling houses. Adjoining the site to the west is heavily vegetated land zoned E2 Environmental Conservation.

Having regard to the residential zoning and conservation of the environmental values on the site, the proposal is not considered to be incompatible with the locality.

Roads

The site has legal access to Thrumster Street, a Council-owned ‘Rural Residential’ road with a general minimum pavement width of 6m. The road will need to be upgraded in connection with ultimate development of the precinct, using a combination of developer works and s94 contributions. An interim condition requiring upgrade of the 90 degree bend approximately 80m east of the site access is recommended to ensure that heavy trucks can access the site safely if construction of the MHE commences prior to the full road upgrade being completed.

An existing unformed and unnamed Council-owned road reserve connects Thrumster Street to the proposed site. A public road will need to be extended along this reserve to ‘Local Street’ standard (having regard to ultimate traffic as discussed below), and the turning area proposed with the application is to be dedicated to Council to provide for public truck movements including fire trucks and garbage trucks (for example, those required to circulate in connection with any future subdivision of adjoining land).

A minimum 1.2m wide pedestrian footpath connection from the site internal footpaths to the Thrumster Street road reserve is also recommended to facilitate residents’ access to the local area and public foot access for visitors to the site.

Traffic and Transport

The ultimate traffic generation as a result of the previous approved subdivision is considered to be 7-9 trips per new dwelling, or approximately 504 to 648 daily trips (total for in and out), which equates to 51 to 65 movements each during the AM and PM peak hours.

A Traffic Impact Assessment (TIA) by Positive Traffic Pty Ltd was lodged with the current development application. It predicts a peak hour traffic generation rate of 0.1-0.2 trips per dwelling site in the manufactured home estate, based on an expectation that the majority of residents at these facilities will be seniors or those with a disability. This value is provided within the RMS Guide to Traffic Generating Developments (2002) with the note that the rate is at the lower end of subsidised (e.g. run by religious organisations) development studies in Sydney. It notes that trip rates for resident funded developments are often greater.

While the application has not been made under the Seniors Housing SEPP developments of this nature do attract seniors. However for the purpose of this assessment Council staff have applied a rate of approximately 4 trips per dwelling per day, which is closer to the RMS rate for medium density flat buildings (1-2 bedrooms) and has been provided in studies associated with other equivalent Seniors Living developments in the Local Government Area.

Based on that rate, the proposed 151 manufactured home sites would be expected to generate approximately 604 trips per day, or 60 trips during the AM and PM peak periods. Thus trip generation by this proposal is likely to be similar to the previous approved 72 lot residential subdivision, and equivalent conditions have been imposed in relation to road design, hierarchy and safety.

Site Frontage & Access

Vehicle access to the site is proposed though a gated driveway to the proposed turning area within the future public road extension. Access shall comply with Council AUSPEC and Australian Standards, and conditions have been recommended to reflect these requirements.

Parking and Manoeuvring

In addition to future garages and parking spaces within each site, the applicant has proposed a total of 35 parking spaces for visitors. The Local Government Regulation (MHEs) sets out a minimum parking provision of 22 spaces for an MHE of this size. At least 2 visitor parking spaces are required to comply with AS 2890.6 for people with a disability, and there is sufficient space in the proposed parking areas to accommodate this. This count does not include an additional storage area for up to 18 resident caravans / recreational vehicles.

Parking, passing bays and circulation road widths on site can comply with relevant standards which include AS 2890, Planning for Bushfire Protection 2006 and the Local Government Regulation (Manufactured Home Estates). These measures are particularly important for this development given the Special Fire Protection Purpose (vulnerability of seniors and those with a disability), to facilitate rapid and safe evacuation and emergency services access during a bushfire. Conditions have been imposed to ensure these requirements are satisfied during the detailed design and construction phases.

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

Refer to relevant recommended conditions of consent.

Water Supply Connection

Council records indicate that the proposed development site does not currently have a water service. Preliminary modelling of the potable water supply reticulation indicates that a 300mm water main will be required to be extended from the 300mm water main in John Oxley Drive. The water main size north of Thrumster Street is estimated to be 200mm. Preliminary modelling of the reclaimed water supply reticulation indicates that a 250mm water main will be required to be extended from John Oxley Drive. The water main size north of Thrumster Street is estimated to be 200mm. Unless it is possible to connect to the proposed reclaimed water main from Port Macquarie, or to the existing interim reclaim water supply arrangements, a further temporary connection to service the reclaimed reticulation from the potable supply may be required at no cost to Council.

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 AS3500.

The development shall be serviced for water through a master meter located at the Thrumster Street road frontage.

Suitable conditions of consent have been recommended.

Sewer Connection

Council records indicate that the proposed development site does not currently have a connection to sewer. The internal sewer lines that service this development shall be owned and maintained by a private entity. The sewer link mains that are required to connect the adjoining development to sewer (Lot 1 DP1087368), shall become owned and maintained by Council. The sewer reticulation strategy shown on the plan by Kevin Hall Civil Engineering Designs (CwC-J3332 Drawing 3) is acceptable for conceptual purposes. Details are to be provided with application for a Construction Certificate. Refer to relevant recommend conditions of consent.

Stormwater

The site naturally grades towards the environmental zoned land to the west. The existing approved 72-lot subdivision included dedication of downstream bio-retention basins to Council to cater for the wider catchment. Although the perimeter road is no longer proposed to be dedicated to the public under this proposal, the basins serve the greater catchment including drainage of residential zoned land to the east, and as such are to be dedicated to the public and designed to cater for the entire catchment.

The legal point of discharge for the proposed development is defined as a direct piped connection to each basin and the concept stormwater plan lodged with the application demonstrates this will be achieved.

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

In accordance with Councils AUSPEC requirements, the following requirements are also noted and required as conditions of consent where applicable:

· On site stormwater detention facilities have been deemed not to be required as a result of the previous DA 2015/134, and this proposal has relied on similar catchment hydrology assumptions. However, the adjoining development proposal 2017/675 for a 507 lot subdivision to the east has not (at the time of preparing this report) demonstrated that detention is not required. As the basins serve this broader catchment, recommend consent conditions for this application are to require the basins to cater for the above proposed development which may require detention capacity. Cost sharing and timing of construction is a matter for negotiation between adjacent owners given there are substantial savings available to both developers by having combined the stormwater treatment facilities.

· Water quality controls for urban runoff treatment will be required as proposed in the concept plan and calculations.

· Provision of public drainage to allow upstream developments to drain via the site to the receiving waters (in the environmental land)

· Importantly, proposed basins must be located outside of the required Bushfire Asset Protection Zones to ensure that any vegetation regrowth will not pose a hazard to adjoining residences, or burden Council with an additional maintenance regime.

· To provide for orderly and efficient future development of the precinct, construction plans and the plan of subdivision (which will be prepared to dedicate the drainage basins and road reserve) will also need to provide all necessary services easements and sewerage connections benefitting adjoining private land to the south and the east which has been zoned residential.

Overall, stormwater is capable of being managed subject to recommended conditions of consent.

Other Utilities

Telecommunication and electricity services are available to the site. Evidence of satisfactory arrangements with the relevant utility authorities for provision to each proposed lot will be required prior to Subdivision Certificate approval.

Heritage

No known items of Aboriginal or European heritage significance exist on the property. No adverse impacts anticipated.

Other land resources

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

Water cycle

Given that works are proposed within 40m of a water course the proposal was referred to NSW Office of Water as Integrated development. At the time of preparing this report no response had been received from the NSW Office of Water.

In accordance with clause 70 of the Environmental Planning and Assessment Regulation 2000 the approval body (NSW Office of Water) have not provided a decision concerning the general terms of approval in relation to the development application within 40 days.

In accordance with clause 91A(5) of the Environmental Planning and Assessment Act 1979 if the approval body fails to inform the consent authority, whether or not it will grant the approval, or of the general terms of approval:

(a) the consent authority may determine the development application, and

(b) if the consent authority determines the development application by granting consent:

(i) the approval body cannot refuse to grant approval to an application for approval in respect of the development, and

(ii) an approval granted by the approval body must not be inconsistent with the development consent, and

(iii) section 93 applies to an approval so granted as if it were an approval the general terms of which had been provided to the consent authority,

despite any other Act or law.

The proposed development will be unlikely to have any adverse impacts on water resources and the water cycle subject to appropriate erosion and sedimentation control measures being in place.

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

The applicant has submitted a flora and fauna impact assessment report prepared by Flora and Fauna Consulting dated 22 December 2014. The report addresses the requirements of the ‘7 part test’ under Section 5A of the Act.

The development includes tree removal including hollow bearing trees which has been satisfactorily addressed with offsets as refined during the assessment of the application. A draft Vegetation Management Plan (VMP) has been prepared and accepted by Council staff, with the detail to be approved, prior to construction. The ecological assessment report concludes that the proposal is unlikely to have any significant adverse impacts on flora and fauna subject to the implementation of the recommendations within the report. The recommendations of the report form part of the recommended consent conditions.

Construction of the proposed development will require removal/clearing of vegetation however having regard to the adopted Council policies, DCP, KPoM, zoning and offsets the proposal will be unlikely to have any significant adverse impacts on biodiversity or threatened species of flora and fauna. Section 5A of the Act is considered to be satisfied.

Waste

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

Energy

No adverse impacts anticipated.

Noise and vibration

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

Bushfire

The site is identified as being bushfire prone. In accordance with Section 100B - Rural Fires Act 1997 - the application proposes a development which is recognised as a special fire protection purpose. The applicant has submitted a bushfire report prepared by a Certified Consultant. The Commissioner of the NSW Rural Fire Service has assessed the development and has issued a Bushfire Safety Authority consisting of a series of conditions. The conditions are recommended to form part of any development consent issued.

Safety, security and crime prevention

Social impacts in the locality

A Social Impact Assessment (SIA) was undertaken by All About Planning dated 14 September 2017. The SIA was lodged in support of the application. The conclusion of the SIA is provided as follows:

“The subject Partridge Creek Precinct at Thrumster, as identified in PM-HC’s DCP 2013 is planned and primed to undergo a significant residential transformation. The proposed 151 site MHE combined with an adjacent 503 lot residential development of the site immediately adjacent, will undoubtedly change the area’s existing character.

A number of mitigations relevant to the subject MHE development have been recommended to address both the ongoing needs of future MHE residents and the existing and future needs of residents in the Thrumster precinct. Key recommended mitigations include a requirement for provision of an on-site manager, a community bus, additional site landscaping to improve eastern edge effects and a pathway to connect the MHE to Thrumster Street.

Ongoing engagement is also recommended with the residents of 15 and 22 Thrumster Street and the other 6 households that expressed interest in being involved in further discussion with the proponent regarding the proposed MHE. Specific targeted engagement with the residents of 15 and 22 Thrumster Street is especially recommended to assist in resolving a design response to address the particular localised needs and issues identified by those closest residents.

Overall, positive social and economic impacts are anticipated from the proposed development.

Whilst the traffic impacts of the proposed MHE development are not insignificant, it is anticipated that the proponent will engage with Council regarding requirements for an upgrade of Thrumster Street and timing for Council’s future realignment of the northern end of Thrumster Street in accord with Council’s DCP. Council’s DCP identified Thrumster Street will become a Collector Road and this change in road classification and function will necessitate an upgrade to Collector Road standard. As an interim measure, AAP considers it likely that Council will require at least a partial road upgrade to Thrumster Street as a condition of consent.

The proposed MHE residents will be afforded access to quality on site recreation and social facilities and resident’s shopping, commercial, professional, medical and other needs can be met within the capacity of existing businesses and service providers in Port Macquarie.

All recommended mitigations to identified impacts are included at Attachment 1 of this SIA.

The proposed development is recommended to Council subject to the mitigations identified in this social impact assessment”.

Having regard to the findings of the SIA and proposed recommended mitigation measures forming part of the recommended consent conditions it is considered that the proposed development and its’ location is unlikely to result in any adverse social impacts that would warrant refusal of the application.

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.

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

Three (3) 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
The road to be constructed to serve the development will be of benefit for future access and development potential of the property at 15 Thrumster Street.	Noted. The lead in road to be constructed will be a public road. The suitability of any further/future access proposed via any future development application would be assessed under subsequent applications.
As a land owner in Thrumster unhappy that only just hearing about the application and have heard rumours the proposal could be for housing commission, over 50’s or immigrants.	The proposal was notified to adjoining land owners and advertised in the local papers. The proposal is for a manufactured home estate targeted at seniors.
The positioning of the lead in road is directly opposite the driveway to the residence at 22 Thrumster Street will create adverse traffic and safety impacts.	Refer to traffic and access comment within this report. There is no adverse traffic or safety impacts identified from the proposed construction of the lead in road. It should be noted there has always been a road reservation in this location (previously a Crown road reservation).
Given the location of the road existing traffic will result in headlight shine at night time.	The dwelling located at 22 Thrumster Street will be located approximately 30 metres from the exit point onto Thrumster Street and is not directly opposite the lead in road. Also having regard to the comments above surrounding the road reserve being in existence for some time it is not anticipated that headlight glare will be of a significant impact that would warrant refusal of this application.
The increased noise from traffic will disrupt the lives of existing residents.	The increase in traffic volumes anticipated is not consider to generate any unacceptable noise levels. It is also noted the general area is undergoing change consistent with planned future growth.
Thrumster street has a large block rural feel and the proposal is out of character of this area.	Having regard to the residential zoning of the site and planned future growth of this area, the proposal is not considered to be incompatible with the locality.
The street is not wide enough to cater for the anticipated level of traffic and there is a sharp bend in Thrumster Street which will pose a traffic issue.	Refer to comments under traffic and access heading within this report. Thrumster Street is considered suitable to cater for the likely traffic to be generated by the development. Consent conditions have been recommended requiring upgrade works to the sharp bend referred to and to tie in with the lead in road and intersection with Thrumster Street.
What is the socio economic group the proposal is aimed at? We don’t want a slum area that may increase crime in the area.	The proposal is for a manufactured home estate targeted at seniors.
There is only one single entry and exit point. What happens the residents if there is a bushfire?	Refer to NSW Rural Fire Service conditions. Noting there is also an emergency evacuation route through the north eastern corner of the site into the adjoining land consistent with the subdivision layout proposed.
Construction traffic in and out of the site will impact on the residents of 22 Thrumster Street.	The short term building and construction traffic will be limited to the standard building works hours.

(e) The Public Interest:

The proposed development satisfies relevant planning controls and will be in the wider public interest with provision of appropriate additional housing

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

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

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

5. CONCLUSION

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

Issues raised during assessment and public exhibition of the application have been considered in the assessment of the application. Where relevant, conditions have been recommended to manage the impacts attributed to these issues.

The site is suitable for the proposed development, is not contrary to the public's interest and will not have a significant adverse social, environmental or economic impact. It is recommended that the application be approved, subject to the recommended conditions of consent provided in the attachment section of this report.

Attachments

1 View. DA2017 - 721.1 Plans

2 View. DA2017 - 721.1 21.12.17 MJM Cross Boundary Murcott Negotiation Letter

3 View. DA2017 - 721.1 Social Impact Assesment Report

4 View. DA2017 - 721.1 SoEE

5 View. DA2017 - 721.1 Bushfire Assessment

6 View. DA2017 - 721.1 Ecology Reports

7 View. DA2017 - 721.1 Traffic Assessment

8 View. DA2017 - 721.1 Vegetation Management Plan

9 View. DA2017 - 721.1 S82 Objection

10 View. DA2017 - 721.1 Recommended Conditions

11 View. DA2017 - 721.1 NSW RFS Bush Fire Safety Authority Conditions

12 View. DA2017 - 721.1 Submission - Grounds & Hemler

13 View. DA2017 - 721.1 Submission - Tiller

14 View. DA2017 - 721.1 Submission - Vagg

AGENDA Development Assessment Panel 28/02/2018

Item: 06

Subject: DA2017 - 871.1 Service Station And Signage - Lot 20 DP 1191370 No. 16 Sancrox Road, Sancrox

Report Author: Patrick Galbraith-Robertson

Applicant: Expressway Spares Pty Ltd CARE King and Campbell Pty Ltd

Owner: Expressway Spares Pty Ltd

Estimated Cost: $3.5M

Parcel no: 65951

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2017 – 871.1 for a service station and signage at Lot 20, DP 1191370, No. 16 Sancrox Road, Sancrox, be determined by granting consent subject to recommended conditions.

Executive Summary

This report considers a Development Application (DA) for a service station and signage at the subject site and provides an assessment of the DA in accordance with the Environmental Planning and Assessment Act 1979.

Following exhibition of the application, one (1) submission has been received raising objections to the proposal and two (2) submissions in support.

Key assessment issues identified in this report include landuse characterisation of the development, access and traffic, economic impact and issues raised in the submission received.

The proposal has been amended during the assessment of the DA.

1. BACKGROUND

Existing sites features and Surrounding development

The site has an area of 12.355 hectares.

The site has a development consent in place for an industrial subdivision. The proposal only relates to 2 of the approved lots within this subdivision. Proposed Lots 1 and 2 are shown in the image extract below:

The section of the site proposed to be developed is zoned IN1 Industrial 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 2017):

The subject site is located in the established Sancrox Employment Lands precinct on the western side of the Pacific Highway.

The property itself as it currently exists has a total area of 12.38 hectares. The proposed Lot 1 has an area of 1.04 hectares.

Lot 20 DP 1191370 has a total land area of 12.38ha and is part of the land that has been granted development consent under DA2012/305 (as modified) to be subdivided into 70 industrial allotments.

The subject site has a frontage of 192.13m along its northern boundary to a drainage reserve; a western side boundary of 84.74m; a southern rear boundary of 230.90m to the Sancrox Road; and an eastern side boundary to the Pacific Highway of 73.37m.

Topographically, the natural surface levels of the site fall in a south-west to north-east direction towards the Pacific Highway. The overall cross fall is approximately 0.5% and the gradient can best be described as very gentle.

The adjoining lands directly to the north and west are currently vacant. Abutting the site to the south (on the other side of Sancrox Road) is a number of well-established light industrial/commercial complexes including Expressway Spares.

To the east, on the other side of the Pacific Highway lies the Fernbank Park Employment Lands and the Cassegrain Winery.

Approximately 2.5 kilometres to south of the subject site, further along the Pacific Highway lies a very large well-established highway service centre (HSC) at the intersection of the Pacific and Oxley Highways. In addition to a service station, this HSC encompasses a number of fast food restaurants (McDonalds, KFC and Oliver’s), food court, extensive convenience store, and day use, picnic areas and playgrounds. This HSC is specifically designed to cater for the everyday travelling needs of the general public utilising the Highway.

Hanson Quarry is located to the west of the development site.

It should be noted that Council’s Development Assessment Panel refused consent on 10 May 2017 to a proposed Service Station (DA2016/801) on Approved Lots 1 & 2 within Lot 20 DP1191370. This Development Application was refused for the following reasons:

1. The proposal is characterised as a highway service centre and is a prohibited land use in the IN1 General Industrial zone under the Port Macquarie-Hastings Local Environmental Plan 2011;

2. The proposal is likely to result in adverse traffic and safety impacts in the immediate locality; and

3. The proposal has potential to result in adverse economic impacts in terms of planning highway service centre sites within the Port Macquarie-Hastings Local Government area.

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal (as detailed in the submitted information) include the following:

· Construction of a service station containing gross floor area of approximately 270m2 and including store room, office, counter, male and female disabled WC and 190m2 general sales area;

· Truck wash area;

· 12 (6 double sided) fuel bowsers for small vehicles and associated metal roof canopy;

· 6 fuel bowsers for large vehicles and associated metal roof canopy;

· 3 Type 90 (90,000 litres nominal capacity) underground petroleum storage tanks and associated infrastructure.

· Stormwater drainage management system.

· Two (2) B-Double truck parking spaces;

· Two (2) separate driveway connections to Sancrox Road (one entry one exit); and

· 13 parking spaces including one (1) disabled space.

· Signage, including:

- Two (2) free-standing illuminated pylon signs measuring 5.4m high by 2m wide adjacent the access driveways;

- Business identification fascia signage above the service station entrance

- Canopy fascia signage;

- Fuel dispenser signage; and

- General directional signage.

The existing driveway servicing Approved Lot 2 will be replaced with the proposed driveway as a part of this application.

The subdivision of Lot 20 DP1191370 to create Approved Lots 1 and 2 and the lot to contain the sewer pump station is currently being carried out pursuant to Development Consent DA2012/305.

The proposed service station is proposed to operate between the hours of 5am to 10pm, 7 days a week.

An extract of the proposed site plan is provided as follows:

Refer to attachments at the end of this report for more detailed plans and information.

Application Chronology

· 28 September 2017 – DA lodged with Council.

· 10 October 2017 – Referral of DA to the NSW Roads and Maritime Service

· 13 to 26 October 2017 – Neighbour notification of proposal

· 24 October 2017 – Assessment update provided to Applicant.

· 30 October 2017 – Meeting with Applicant to discuss initial assessment issues

· 13 November 2017 – Advice received from the RMS

· 13 December 2017 – Additional information received from Applicant

· 31 January 2018 – Meeting with Applicant to discuss assessment issues particularly traffic management

· 14 February 2018 – Additional information received from Applicant – traffic management and introduction of right of carriageway proposed across proposed approved Lots 1 and 2.

3. STATUTORY ASSESSMENT

Section 79C(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) any Environmental Planning Instrument:

State Environmental Planning Policy No. 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.

Clause 12 of SEPP 33 requires that a Development Application for the purposes of a potentially hazardous industry must include a preliminary hazard analysis (PHA) in accordance with the current circulars or guidelines published by the Department of Planning.

The Department has published Hazardous and Offensive Development Application Guidelines – Applying to SEPP 33 (January 2011). Appendix 3 of The Guideline identifies Petrol Stations as industries which may be potentially hazardous. The primary sources of hazard is identified as liquid fuel leaks/spills resulting in possible impacts such as fire and explosions.

Appendix 2 of The Guideline includes a list of information required in

relation to the SEPP 33 risk screening method as follows:

- Hazardous Materials involved in the Proposed Development

- Dangerous Goods classifications for all Dangerous Goods held on

site;

- Quantities of dangerous goods and otherwise hazardous materials involved in the proposed development.

- Distance from the boundary for each hazardous substance;

- Weekly and annual number of deliveries (and the quantities) of dangerous goods and otherwise hazardous materials to and from the facility;

- Site Layout plan showing proposed development and any existing development on site; and

- Locality Plan showing immediate neighbours and their activities and also showing the nearest residential property.

The above information is contained in the SEPP 33 Threshold Risk Screening Assessment included in submitted information with the application. The proposed service station does not exceed any of the SEPP 33 Risk Thresholds. No further consideration of the SEPP required.

State Environmental Planning Policy No. 44 - Koala Habitat Protection

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

The DA has demonstrated that no habitat will be removed or modified therefore no further investigations are required on the proposed approved Lot to which the application relates to.

The proposal is also consistent with the Koala Plan of Management associated with DA2012 – 305.

State Environmental Planning Policy No.55 – Remediation of Land

Following an inspection of the site, a search of Council records and based upon the information submitted, 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 would be unlikely to have any adverse impact on existing aquaculture industries.

State Environmental Planning Policy No. 64 – Advertising and Signage

The proposed development includes proposed advertising signage in the form of business/building identification signage. The following signage is proposed:

- Two (2) free-standing illuminated pylon signs measuring 5.4m high by 2m wide adjacent the access driveways;

- Business identification fascia signage above the service station entrance;

- Canopy fascia signage;

- Fuel dispenser signage; and

- General directional signage.

In accordance with clause 7, this SEPP prevails over the Port Macquarie-Hastings LEP 2011 in the event of any inconsistency.

The following assessment table provides an assessment checklist against the Schedule 1 requirements of this SEPP:

Applicable clauses for consideration	Comments	Satisfactory
Clause 8(a) Consistent with objectives of the policy as set out in Clause 3(1)(a).	The subject site is zoned IN1 General Industrial and the surrounding land is intended to contain a variety of industrial land uses as the industrial estate develops. The proposed signage is considered compatible with the desired future character of the locality. The signage is consistent with the objectives to not warrant refusal on its own.	Yes
Schedule 1(1) Character of the area.	The proposed signage will be compatible with the desired character of the locality. There is no identifiable theme for outdoor advertising in the area.	Yes
Schedule 1(2) Special areas.	The proposed signage does not detract from any areas of environmental or cultural importance. There are no such areas in direct proximity to the subject land.	Yes
Schedule 1(3) Views and vistas.	The proposed site signage does not obscure or compromise any important existing or potential views or view corridors. The proposed service station also includes two (2) 5.4m high x 2m wide freestanding pylon signs adjacent to the southern boundary of the site (fronting Sancrox Road). These signs are not considered likely to obscure any existing or proposed advertising signage on adjoining land or within the precinct.	Yes
Schedule 1(4) Streetscape, setting or landscape.	The subject site (approved Lot 1) directly addresses a sub-arterial road (Sancrox Road) which provides the key thoroughfare to the approved 70 lot industrial estate. The two proposed pylon signs are 77 metres apart and siting in such a way to relate to entry and exit points from the service station which is not uncommon. The proposed signage is therefore considered appropriate for the site for the following reasons: - The proposed signage is considered appropriate given the scale of industrial development anticipated within the area; - The proposed signage is considered likely to contribute to the visual interest of the area whilst appropriately identifying the occupant/business carried out on site; - The proposed signage is not proposed in order to screen unsightliness as the site is currently vacant; and - The proposed signage will not protrude above other signs within the locality.	Yes
Schedule 1(5) Site and building.	The subject land is primarily flat and has been granted consent for an industrial subdivision. Service Stations are permissible with consent in the IN1 zone and it is considered that the proposed signage integrates with the built form of the proposed service station and surrounding existing and future land uses. The proposed signage is not considered to detract from important features of the site, proposed building or surrounding development. The location of the proposed signage is considered suitable for the proposed use and appropriate given the proposed service stations position, proposed access arrangements and parking.	Yes
Schedule 1(6) Associated devices and logos with advertisements and advertising structures.	The intended occupant of the proposed service station is not currently known. The proposed service station includes signage which is intended to ultimately include logos and symbols representing facilities and services offered.	Yes
Schedule 1(7) Illumination.	The service station signage will include a number of illuminated signage panels including: - Two (2) 5.4m high x 2m wide pylon signs; - Flush wall above awning sign; - Canopy signage; and - Directional and accessible signage. These signs will be required to be illuminated at appropriate LUX levels so as to ensure that the signage will not result in unacceptable glare. The proposed illuminated signage is not considered likely to provide a significant safety concern for pedestrians, vehicles or aircraft.	Yes
Schedule 1(7) Safety.	The proposed service station signage is not considered likely to reduce road safety for pedestrians, cyclists or any vehicles utilising a public road. Sightlines to and from the site are not considered likely to be affected.	Yes

State Environmental Planning Policy (Infrastructure) 2007

· Clause 101, refers to assessment of access, traffic and parking impacts addressed later in this report. The development is of a type which is not sensitive to traffic noise or vehicle emissions from the adjoining Pacific Highway and would be unlikely to result in smoke and dust to affect the adjoining Pacific Highway.

· Clause 104(3)(b)(ii) and (iii), the DA has been referred to the NSW Roads and Maritime Service (RMS). The RMS’ advice and other matters requiring consideration are considered in the assessment of access, traffic and parking impacts addressed later in this report.

Port Macquarie-Hastings Local Environmental Plan 2011

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

· Clause 2.2, the subject site (proposed Lot 1) is zoned IN1 General Industrial.

· Service stations are identified as a permissible land use with consent in the IN1 zone

The following landuses in the LEP are relevant to determine and characterise the proposed use:

service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following:

(a) the ancillary sale by retail of spare parts and accessories for motor vehicles,

(b) the cleaning of motor vehicles,

(c) installation of accessories,

(d) inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),

(e) the ancillary retail selling or hiring of general merchandise or services or both.

transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.

truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.

highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following:

(a) a restaurant or cafe,

(b) take away food and drink premises,

(c) service stations and facilities for emergency vehicle towing and repairs,

(d) parking for vehicles,

(e) rest areas and public amenities.

The Applicant has submitted that the proposal is best characterised as a ‘service station’ and not a ‘highway service centre’.

Specifically, the Applicant has provided the following justification:

- The proposed service station has been designed to cater primarily for traffic generated by the Sancrox Employment Precinct traffic and passing traffic on Sancrox Road, including heavy vehicles;

- The scale of the proposed service station is suitable to provide fuel supply services to the Sancrox Employment Precinct, nearby Fernbank Park Employment Precinct and passing traffic on Sancrox Road and is typical of the scale of this type of facility commonly found in industrial employment precincts;

- The proposed service station includes a small retail component for the ancillary sale of spare parts and accessories and general merchandise; and

- The proposal includes a self-contained truck wash facility to cater for heavy vehicles.

- The proposed service station does not contain any of the additional features found within a Highway Service Centre such as a restaurant, café, take away food and drink premises, public amenities, parking for vehicles (other than fuel customers), or a rest area;

- The proposed service station is to be located on Approved Lot 1 and so as not have direct frontage to the Pacific Highway.

- The design of the proposed service station does not provide potential for expansion of the proposal to accommodate other elements typically found in highway service centres;

- The proposed hours of operation of the service station are consistent with a local fuel supply facility rather than the 24- hour 7 days a week operations of a highway service centre.

In accordance with clause 2.3(1) and the IN1 zone landuse table, the proposal is best characterised as a ‘service station’ based upon the submitted justification and the nature and design of the development.

The objectives of the IN1 zone are as follows:

§ To provide a wide range of industrial and warehouse land uses.

§ To encourage employment opportunities.

§ To minimise any adverse effect of industry on other land uses.

§ To support and protect industrial land for industrial uses.

§ To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

In accordance with Clause 2.3(2) having regard to the objectives of the IN1 zone:

- the service station will encourage employment opportunities;

- will not have any noticeable adverse impacts on other developments in the precinct;

- will provide services and facilities that support industrial land and landuses; and

- will provide facilities to meet the day-to-day needs of workers in both the Sancrox and Fernbank Park Employment Lands precincts.

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

· Clause 4.3, the maximum overall height of the building above ground level (existing) is approximately 7.0m which complies with the standard height limit of 14.5m applying to the site.

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

· Clause 5.10 – Heritage. The site does not contain or adjoin any known heritage items or sites of significance.

· Clause 7.7 – The proposal will be unlikely to result in any identifiable impact on airspace operations.

· Clause 7.8 - This proposal will be unlikely to be impacted upon by aircraft noise operations.

(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 3.5 - Industrial Development*
DCP Objective	Development Provisions	Proposed	Complies
3.5.3.1	Minimum setbacks are provided as follows: · 10m from a classified road; · 7.6m from any other road boundary; · 3m from any secondary road frontage.	Minimum setbacks complied with and are greater than 7.6m.	Yes
3.5.3.2	Elevations of building which are visible from a public road, reserve or adjacent or adjoining residential areas are to be constructed using: · brick, masonry, pre-coloured metal cladding, or · appropriately finished ‘tilt-slab’ concrete; or · a combination of a number of these materials.	Elevations design and finishes are acceptable.	Yes
3.5.3.2	Large unrelieved expanses of wall or building mass are not favoured, and as such should be broken up by the use of suitable building articulation, fenestration or alternative architectural enhancements.	The proposal does not have any large unrelieved expanses of walls.	N/A
3.5.3.3	Material storage/work areas and volumes to be provided with application.	No open storage or work areas are proposed as part of the proposed service station.	N/A
3.5.3.3	Open work and storage areas to be located at rear of premises and screen from view by landscaping and/or fencing minimum 2m high.	N/A
3.5.3.4	Detailed landscaping plan submitted.	Detailed landscaping plan submitted. The proposal also seeks to provide plantings around the western and northern boundary, consisting of a variety of species, to complement the vegetation existing within the vegetated swale and Koala corridor to be established pursuant to DA 2012/305.	Yes
	Landscaped strip 3m wide for 2/3 of each road frontage.	Landscaped strip provided	Yes
	No fencing in front setback unless for display items. High quality fencing and landscaping.	No fencing proposed	N/A
3.5.3.5	An onsite recreation area is provided for staff that: · Includes seating, tables and rubbish bin. · If outside, is adequately protected from the weather · Is safely accessible to all staff. · Is separate private from public areas. · Is located away from noisy or odorous activities.	Staff area provided - office.	Yes
3.5.3.6	Provide onsite facilities for changing, showering and secure bike storage.	Amenities provided.	Yes
3.5.3.7	Development complies with NSW Industrial Noise Policy.	No potential adverse noise issues identified.	Yes
	Building openings located to minimise noise impacts if within 400m of residential zone.	N/A
	External plant such as generators, air conditioning plant and the like, should be enclosed to minimise noise nuisance and located away from residences.	No potential adverse noise issues identified.	Yes
	External and security lighting should be directed and shielded to avoid light spillage to adjoining residential areas.	No potential light spill issues identified.	Yes
	Driveways should be arranged or screened to avoid headlight glare on residential windows.	N/A
3.5.3.8	Office space ancillary to the industrial use is permissible with consent, subject to satisfaction of the following matters: · That the office component of a proposed development is ancillary to the functions carried out in the factory, warehouse or other industrial use. · That the office area is not leased to a separate company or entity. · That parking facilities are adequate to cater for the size of the office development.	Ancillary staff space proposed	Yes
3.5.3.9	The site should be serviced by reticulated water (and dual reticulation where this is available), sewer and telecommunications.	Site is serviced with essential services.	Yes
3.5.3.10	Garbage storage areas are not visible from a public place.	Garbage storage areas at the rear of the building	Yes
3.5.3.11	Stormwater management strategy prepared.	Stormwater strategy submitted	Yes
3.5.3.11	Rainwater tank and dual reticulation for non-potable uses on the site.	Refer to water supply comments later in this report.	Yes

*DCP 2013: General Provisions*
DCP Objective	Development Provisions	Proposed	Complies
2.2.2.1	Signs primarily identifying products or services are not acceptable, even where relating to products or services available on that site.	The signage proposed is intended to relate only to the main products sold at the site characteristic of a service station, and does not include any non-related services, unassociated products, 3^rd party promotion or additional business merchandise advertising.	Yes – condition recommended
2.2.2.1	On-premise signs should not project above or to the side of building facades	The signage does not project above or to the side of building facades.	Yes
2.2.2.2	Where there is potential for light spill from signage in a non -residential zone adjoining or adjacent to residential development, illuminated signage is to be fitted with a time switch to dim by 50% or turn off the light by 11pm each night, depending on the nature of the development.	There are no potential light spill issues to sensitive receivers identified.	Yes
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. Appropriate external lighting can be provided.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	Cut and fill including stormwater facilities is acceptable.	Yes
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	Refer to traffic assessment details later in this report. The primary access points are proposed off a nominated sub-arterial road being a section of Sancrox Road. Driveways are limited.	No* Refer to traffic assessment details later in this report.
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking.		Yes
2.5.3.3	Off-street parking in accordance with Table 2.5.1. Reduction possible if supported by parking demand study.	Parking provision numbers comply - refer to comments later in this report addressing parking.	Yes
2.5.3.5	On-street parking permitted subject to justification.	None proposed	N/A
2.5.3.6	On-street parking includes streetscape improvements.	None proposed	N/A
2.5.3.7	Customer parking to be easily accessible.	Customer parking to be easily accessible.	Yes
	Way finding signs provided for parking areas.	Capable providing way finding signs	Yes - capable
	Parking in accordance with AS 2890.1.	Parking design is capable of compliance with detailed requirements of AS 2890.1.	Yes – condition recommended
2.5.3.8	Aged and disabled persons and persons wheeling prams or trolleys are provided with suitable access and parking in accordance with AS 2890.1 and AS 2890.2.	Capable of compliance with access requirements	Yes
2.5.3.9	Bicycle and motorcycle parking considered and designed generally in accordance with the principles of AS 2890.3	No specific parking identified.	N/A
2.5.3.11	Section 94A contributions	Refer to main body of report.
2.5.3.12 and 2.5.3.13	Landscaping of parking areas	Landscaping satisfactory	Yes
2.5.3.14	Sealed driveway surfaces unless justified	Sealed driveways proposed	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)	Driveway grades capable of complying with Council standards	Yes
2.5.3.16	Transitional grades min. 2m length	Driveway grades capable of complying with Council standards	Yes
2.5.3.17	Parking areas to be designed to avoid concentrations of water runoff on the surface.	Parking areas to be designed to avoid concentrations of water runoff on the surface with appropriate stormwater management proposed.	Yes
	Vehicle washing facilities – grassed area etc available.	N/A
	No direct discharge to K&G or swale drain	Car parking areas proposed to be drained to swales, bio retention, rain gardens and infiltration areas. Refer to stormwater comments later in this report.	Yes
2.5.3.18	Car parking areas drained to swales, bio retention, rain gardens and infiltration areas		Yes
2.5.3.19	Off street commercial vehicles facilities are provided in accordance with AS/NZS 2890.2	Off street commercial vehicles facilities are capable of being provided in accordance with AS/NZS 2890.2	Yes
	Loading bays will be provided in accordance with the following requirements; • Minimum dimensions to be 3.5m wide x 6m long. (This may increase according to the size and type of vehicle). • Vertical clearance shall be a minimum of 5m. • Adequate provision shall be made on-site for the loading, unloading and manoeuvring of delivery vehicles in an area separate from any customer car parking area. • A limited number of ‘employee only’ car parking spaces may be combined with loading facilities. • Loading areas shall be designed to accommodate appropriate turning paths for the maximum design vehicle using the site. • Vehicles are to be capable of manoeuvring in and out of docks without causing conflict with other street or on-site traffic. • Vehicles are to stand wholly within the site during such operations.	A loading bay is proposed at the rear of the service station. Fuel deliveries will be via an articulated vehicle.	Yes
	For external bays, one bay is required for 500m² of floor space or 1000m² of site area.
	Commercial development having a floor space less than 500m² need not provide a loading bay.
	Other commercial development shall provide one loading bay for the first 1,000m² floor space and one additional bay for each additional 2,000m².
2.5.3.20	The location and design of loading bays should integrate into the overall design of the building and car parking areas.	The location and design of loading bay integrates into the overall design of the building and car parking areas.	Yes
	Where visible from the public domain, loading bays are located behind the building.	Loading bays are located behind the building.	Yes
	Where loading bays are located close to a sensitive land use, adequate visual and acoustic screening is provided.	N/A
2.5.3.21	Plans to confirm vehicular access, circulation and manoeuvring in accordance with AUSTROADS and AS 2890.	Refer to comments later in this report addressing traffic and access.	No
	Adequate area provided for loading/unloading and manoeuvring of B-Doubles where access is available from approved B-Double routes.	Refer to comments later in this report addressing traffic and access.	No
	Ingress and egress in a forward direction.	Ingress and egress in a forward direction.	Yes
	Driveways >6m from tangent point of kerb radius and >1.5m from common side boundary with another lot.	N/A
	Driveways not located within intersection or restricted areas, and adequate sight distance available.	Refer to comments later in this report addressing traffic and access.	No

*DCP 2011: Sancrox Employment Lands*
DCP Objective	Development Provisions	Proposed	Complies
OB3	Landscape plantings and street trees are to be in accordance with Council’s Street Planting List and Aus-Spec Design Specifications.	Landscape plan complies	Yes
OB4	A Stormwater Management Strategy prepared by a certified practicing engineer in accordance with Council’s Aus-Spec Design Specifications and Martens Concept Water Cycle Management Strategy (Apr 2010) at Appendix 3 to the Sancrox Employment Lands LES.	A satisfactory stormwater strategy has been submitted.	Yes
OB6	All industrial lots are to be provided with on-site rain gardens at a minimum size of 2.5% of the gross lot area. Rain gardens shall be designed and constructed as per Council’s Aus-Spec Design Specifications and Martens Concept Water Cycle Management Strategy.	Car parking areas proposed to be drained to swales, bio retention, rain gardens and infiltration areas. Refer to stormwater comments later in this report.	Yes
OB6	All industrial lots are to be provided with a minimum 10 KL rainwater tank. All roof water shall be directed to the rainwater tank and tank overflows directed to the lot rain garden.	Provision of a system of downpipes from the roofed areas connecting to a 10,000L rainwater tank. Overflows to be directed to the vegetated areas (garden) around the edge of the site. Refer to detailed comments addressing stormwater later in this report.	Yes
OB6	All site discharge, including hardstand areas and outflows from the on-site rain garden is to be directed to the on-site detention.	All stormwater discharging from the operational apron/ forecourt area and fill point areas will be treated through two large bio-filtration basins located strategically within the site as a part of the detailed design phase. The size of the designated areas is 2.5% of the total lot area as per the DCP requirements. These areas satisfy the AUS-SPEC requirements for stormwater treatment. Specific modelling of the pollutant loads is not required at DA stage as the bio-filtration areas as in accordance with the modelling done by Martens. Specific construction details of the stormwater treatment will form part of the Construction Certificate documentation. Refer to stormwater comments later in this report.	Yes
OB19	Buildings on future lots at the Pacific Highway/ Sancrox Road intersection shall be designed by a suitably qualified architect to create a distinctive and recognisable gateway entry to the Employment Lands. Detailed design plans, including proposed colours for buildings and signage are to accompany the DA for approval.	The proposed design has adopted a variety of use of external materials, texture and colours to ensure. The elevations of the proposed building have some architectural interest. The proposal incorporates generous (and conforming) setbacks to Sancrox Road.	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:

There is a Sancrox Employment Land Road Construction Planning Agreement in place relating to the site. The obligations of the Planning Agreement are capable of being complied with separate to this DA.

iv) any matters prescribed by the Regulations:

N/A

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

No Coastal Zone Management Plan applies to the subject site.

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

Context and setting

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

The proposal has adequately addressed the intent of the planning controls for the area and is a permissible landuse.

The proposal will not have significant adverse impacts on any existing view sharing.

The proposal will not have any identifiable significant adverse lighting impacts.

There are no significant adverse privacy impacts.

There are no adverse overshadowing impacts.

Subdivision Context

The development is proposed on the northern side of Sancrox Road west of the Pacific Highway, on proposed Lot 1 of an industrial subdivision approved as part of DA 2012/305 (within former Lot 2, DP 22740). On 14 March 2017 Council approved a Construction Certificate for subdivision works to service proposed Lots 1 & 2 and to construct sewer (pump station) infrastructure required to service the development.

Within the area, Roads and Maritime Services (RMS) is currently upgrading the Pacific Highway. Relevant acquisition plans related to the land include DP 1191370 and DP 1228060. On completion, the Pacific Highway will be under the care and control of the RMS, with Sancrox Road and the newly formed Orleans Avenue west of the site to be under the care and control of Council.

Roads

The site is bounded by the Pacific Highway to the east, Sancrox Road to the south and Orleans Avenue (a newly formed and proposed industrial access road) to the west and north.

Sancrox Road is classified as a major local rural road in Council’s mapping system, is Council owned and maintained, with an 11m wide formation currently within a 20m wide road reserve to be widened with dedication of the RMS acquired lands. The recently upgraded road formation includes barrier (SA) type kerb and gutter on both sides.

Proposed Orleans Avenue is currently formed along the western boundary of the site as a 12m wide industrial road including asphalt shoulders. The road reserve has not yet been dedicated to Council. Orleans Avenue is proposed under DA 2012/305 to be extended to the northwest of the site to facilitate access to the industrial subdivision lands to the north. This DA for a service station does not currently propose direct access to or from Orleans Ave.

LOT 2

LOT 1

Figure: Aerial photograph taken December 2017 showing new roads, with indicative overlay of future approved Lots 1 and 2 (credit Nearmap).

Traffic and Transport

A Traffic Impact Assessment (TIA) by TPS Traffic & Parking Systems Pty Ltd was lodged with the Development Application on 28/09/2017.

Estimates of the number of traffic trips using the site post-development are given as follows.

· The TIA assumes that 5% of passing trade will use the development. A previous traffic study for the Sancrox industrial subdivision projected 880 vehicle trips on Sancrox Road in 2029 for each peak hour period (total for both directions). At 5% this equates to 90 trips per hour (45 in + 45 out) during the peak hour, or approximately 800 trips per day.

· The TIA checks this value with a rational estimate. In urban areas where there is high competition between service stations, the TIA states that peak fuel sales volumes are generally estimated by industry at 750,000 litres per month. For an average car refill of 35L and truck refill of 200L assuming 10% of the visits are trucks, an average rate of 500 customers per weekday is obtained (5 day week, 4.33 week month). If 12.5% of that volume occurs during the PM peak hour, this gives 125 trips per hour (63 in + 62 out) or 1000 trips per day.

· Council has considered the RMS Guide to Traffic Generating Developments 2002. For a site area comparable with urban sites, i.e. excluding the ancillary manoeuvring areas and truck wash of A(S) = 3,500sqm (one third of the site) and a convenience store area of A(F) = 190sqm, the Guide provides the below results.

Description	Method	Peak Hour Result	Daily Result
Evening peak hour trips	0.04 A(S) + 0.3 A(F)	197 trips (in + out)	2000 trips (in + out)
or Evening peak hour trips	0.66 A(F)	125 trips (in + out)	1250 trips (in + out)

The TIA emphasises that for typical service stations the vast proportion (90%) of trade will be from passing traffic, as customers tend to refuel or stop when convenient en route to other destinations rather than making a trip primarily to a service station. As such, for this development there will be a minor increase in trips using the roundabout to the west to circulate to the site, estimated in the TIA to be less than 1.5%, but otherwise local roads will not have a noticeable increase. While the magnitude of passing trade may be overstated, or magnitude of customer visits underestimated, Council staff have tested for sensitivity and agree with the assertion that the proposed increase in traffic will not have significant impacts on the capacity (efficiency) of the road network, given the projected PM peak trips using the Pacific Highway interchange (all directions) is expected to exceed 2,200 vehicles in 2029 (TTM Consulting, 2009).

Considering the application of Schedule 3 of the SEPP (Infrastructure) 2007, the proposal was referred to Roads and Maritime Services and a response received dated 13/11/2017. The contents of that letter are summarised and discussed below.

1. Forwards-only circulation on entry, internally and on exit from the site should be achieved. Design to be in accordance with AS 2890 and Council’s specifications.

Council: The site layout achieves those requirements.

2. Refuelling points to be set back from the ingress driveway to allow for queuing.

Council: The proposed layout makes available a minimum queue distance to the property boundary of 30m for light vehicles and 35m for trucks to the closest bowser. Including additional capacity in other bowser ‘lanes’ (12 light vehicle lanes and 2 truck lanes) this allows for up to 84 light vehicles and 4 B-doubles to be served or queue within the site. Considering the probabilistic distribution of trips in the peak hour, queuing onto the road reserve is not likely.

3. Left turn only into the site is supported. Physical right turn barriers in addition to signage is considered necessary.

Council: Requested the Applicant revise the plans and a 50mm trafficable median combined with hatch line marking is now proposed in addition to the ‘no right turn’ signage. A raised hard barrier (e.g. New Jersey kerb) could not be used in this area having regard for the existing Expressway Spares land use to the south, which regularly transports ‘over size over mass’ heavy mining and construction equipment by low loader trucks past the site frontage. Details of proposed traffic devices are to be approved under a future Roads Act (s138) application prior to issue of the CC, and any regulatory devices will require Local Traffic Committee approval.

4. Proposed accesses to Lots 1 & 2 are considered to have overlapping turning movements with each other and existing driveways opposite. Consideration of access to Lot 2 is required to ensure queuing back towards the Pacific Highway does not occur.

Council: The applicant has submitted a revised plan, proposing a new driveway access to Lot 2 with this application. Noting the existing lot configuration is approved. The proposed locations of each driveway has minimised turning conflicts and the likelihood of queuing within the public road. The ingress driveway for proposed Lot 1 is 160m west of the Pacific Highway off ramp, while ingress to proposed Lot 2 will be 50m west of the off ramp. It is likely that future ‘no right turn’ traffic devices will also be required for proposed Lot 2, but the need for this will be assessed in connection with any future development application for that site, and noting the industrial land use traffic volumes are expected to be comparatively low.

5. Consider pedestrian, cyclist and public transport connectivity.

Council: Pedestrian footpaths were not required as part of the design for the previous industrial lands subdivision (which was approved early 2013). However, as the site is proposed to be used as a service station, there will likely be a pedestrian intensification as industrial employees from nearby seek to access the site on foot for refreshments. Additionally the strategy for the industrial precinct as well as the Traffic Impact Assessment envisaged a component of commuter travel would be by bicycle, so safe off-road travel should be provided where practicable to minimise interaction with the higher proportion of heavy vehicles using local roads. It is therefore appropriate that the service station developer construct a minimum 1.2m wide concrete footpath for the frontage of the site along Sancrox Road to the existing pedestrian path and refuges which have been provided by RMS at the Orleans Ave roundabout.

6. Landscaping not to obstruct site lines between vehicles and pedestrians.

Council: the applicant has specified frontage landscaping which satisfies this aim.

7. Pylon signage should be a single structure located in accordance with SEPP 64 and illumination should adjust to ambient light levels.

Council: Refer to comments earlier in this report. Two signs are considered acceptable given the nature of the design layout and location.

Each of the above RMS’ comments have therefore been satisfactorily considered.

Site Frontage & Access

Vehicle access to the site is proposed though a dedicated entry driveway and a dedicated exit driveway. The proposed accesses can comply with Council AUSPEC and Australian Standards and conditions have been imposed to reflect these requirements.

The proposal also includes relocation of the access to Lot 2, and proposes a right of way to give access to a new Council sewer pump station. Traffic impacts associated with Lot 2 are to be assessed under any future DA. A right of way is also proposed to be registered over Lot 1 benefitting Lot 2 to allow for future egress in a safe location if required.

Refer to relevant conditions of consent. Other required frontage works have been provided as part of the parent subdivision application.

Parking

The proposed service station does not include a work bay or restaurant/take away food and drink and is estimated to have a maximum of two (2) employees on-site at any one time. The proposed service station is therefore considered to require a minimum of four (4) vehicle parking spaces.

Notwithstanding the above, TPS states that ‘…it is industry practice to provide parking for the sales/shop component of a service station development at a rate of 5 spaces / 100sqm (GFA), including provision for employees. This rate is widely applied by Council’s across Australia. At that rate, the proposed 190sqm sales/shop are should be provided with 10 parking spaces’.

The proposed service station includes 13 parking spaces (including a disabled space) as well as two (2) truck parking spaces. The proposal is therefore considered to provide parking spaces sufficient for the proposed development.

Water Supply Connection

Council records indicate that the development site has an existing sealed water service from the 300 PVC water main on the same side of Sancrox Road.

Final water service sizing would 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. Considered capable of being complied with.

Sewer Connection

Council records indicate that the development site does not currently have a connection to sewer.

The proposed development must drain to an existing or proposed sewer manhole.

All-weather access to the Sewer Pump Station site must be made available to Council personal before, during and after construction.

A modified Sewer Pump Station site must be excised from this development area prior to or as part of this subdivision. In addition a five (5) metre wide Easement for Access and Services is to be provided from the pump station site across this development site to a point on Sancrox Road where access is possible to and from the pump station in both directions on Sancrox Road. Overall, the development is capable of complying.

Stormwater

The site naturally grades towards the north (the rear) and is currently not serviced by piped infrastructure. Due to the low-lying position of the land within the Fernbank Creek catchment and rural history, the parent subdivision proposal (DA 2012/305) included provision of a large swale along the western and northern boundaries of the lots. This is defined as the legal point of discharge for the development and a condition of consent would need to require construction and dedication of this downstream system to Council as part of the parent subdivision (DA 2012/305) prior to any Occupation Certificate for the proposed service station.

Drainage outlets from the development should be limited in number and located to minimise downstream impacts. Adequate scour protection would be a requirement and given the high percentage of impervious area created may need to be extensively engineered.

A detailed site stormwater management plan is required to be submitted for assessment with the Local Government Act Section 68 application and prior to the issue of a Construction Certificate.

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

· Special controls are required in relation to any areas which may be contaminated by petrol or oils due to spills, including the uncovered tank filling points, to avoid pollution of the environment. Refer to the conditions of consent.

· A water quality control basin will be required due to the magnitude of hard surfaces at ground level and the risk profile for the type of development. The downstream treatment train will need to remove contaminants, impurities, nitrate and phosphate levels through progressive treatment devices to ensure the end of line site outflow meets the outcomes specified by Council’s AUS-SPEC D7.

· The natural topography drains through the southeast corner of the site, and with the Sancrox Road upgrade the RMS have constructed a pit and pipe drainage network in this area. Council has little information currently on these assets as handover has not yet occurred. An easement over the line of pipes is proposed to burden Lot 2.

· On-site detention was demonstrated as not required for this catchment in the Stormwater Management Plan under DA 2012/305.

Overall and through the imposition of conditions, stormwater is capable of being managed.

Other Utilities

Telecommunication and electricity services are available to the site. Application would need to be made to the separate utility authorities to determine any specific requirements they may have in connection with the development.

Heritage

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

Other land resources

The site is within a developing industrial context and will not sterilise any significant mineral or agricultural resource.

Water cycle

At occupation stage, land can become contaminated from fuel leaks either above or below ground. As a result, fuel leak containment, loss monitoring, groundwater monitoring wells and surface bunding is required as a minimum. The forecourt area must drain (minimum 2% fall required) to dry sumps or be directed to the proposed “Pureceptor” for treatment prior to discharge to the SW system. Various special conditions recommended to ensure compliance if the development was approved.

The submitted information and plans propose to install various measures to prevent surface and ground water pollution. Compliance with the UPSS Regulation is required besides other requirements. A minimum 2% fall on the bunded under canopy forecourt areas is required. Conditions are recommended to address specific requirements.

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

Soils

Air and microclimate

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

A standard precautionary site management condition could be imposed if the development was to be approved.

At Occupation stage, it is also proposed to install Stage 1 vapour recovery on the fuel lines and Stage 2 vapour recovery if required.

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.

No landscaping adjoining the proposed parking areas is proposed. Landscaping areas are proposed around the periphery of the development to ensure a suitable visual appearance from the public street.

Overall, the application seeks to provide 1,717m2 of landscaped area surrounding the proposed service station hard stand area. This equates to approximately 17% of the total site area.

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 Section J of the Building Code of Australia. No adverse impacts anticipated.

Noise and vibration

During construction potential exists for offensive noise to be generated but due to proximity of nearby buildings and the industrial use, any impact is expected to be minimal.

Noise will be generated onsite during operation of the use but also due to the location and surrounding industrial land uses, minimal adverse impact is expected.

Bushfire

The site is identified as being bushfire prone. In accordance with Section 79BA - EP&A Act 1979 and having regard to Section 1.1 of Planning for Bushfire Protection 2006, the objectives of this Guideline are satisfied. There is adequate defendable space around the proposed buildings and there is safe operational access and egress for emergency vehicles if required.

Safety, security and crime prevention

Social and Economic impacts in the locality

The Sancrox Employment Precinct is designed to offer functionality for heavy vehicle industrial usage - a core prerequisite for occupation by employers in manufacturing, transport, warehousing and logistics is access to suitable refuelling capability. The development of a suitable service station within this industrial zone could be a catalyst for significant further employment-generating commercial activity within this precinct.

Site design and internal design

The proposed development design satisfactorily responds to the site attributes and will satisfactorily fit into the locality.

Construction

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

Cumulative impacts

No adverse cumulative impacts identified within the locality.

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

It is considered that based upon the assessment in this report that the site is considered suitable for the development.

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

Key issues raised in the submissions (for and against the proposal) received and comments in response to these issues are provided as follows:

Submission Issue/Summary

Planning Comment/Response

The proposal is proposed again as a highway service centre with its primary function of a building or place to provide refreshments and vehicle services to users of the Pacific Highway.

The proposed service station does not include a take away food and drink premises, café or restaurant nor does it contain any of the other additional listed features of a highway service centre being public amenities, parking for vehicles (Other than fuel customers) or a rest area.

The proposed development is not considered to fit the definition of a ‘highway service centre’, particularly when a substantive part of that definition being the provision of refreshments and vehicle services to highway users.

Refer also to comments provided earlier in this report addressing permissibility of the proposal. The assessment of this proposal has had regard to the previous refusal and it is considered to be differently characterised. In particular, this proposal is considered to be a service station.

The development will be the first in the new Sancrox Employment Precinct and as such the Precinct itself does not generate the traffic to serve the local service station.	The proposed service station has been designed to cater primarily for traffic generated by the Sancrox Employment Precinct and passing traffic on Sancrox Road. The Sancrox Employment Precinct contains approximately 70 hectares of industrially zoned land and will be a major employment precinct to develop in the Port Macquarie Hastings LGA. A service station is considered to be an essential service in an efficiently operating major Employment Precinct and the proposed development is centrally located on the corner of Sancrox Road and Orleans Avenue however does not have immediate frontage to the Pacific Highway. The proposed service station is also well located to service Fernbank Park employment precinct and the future employment precinct investigation area located to the south of HF Hand existing operations.
Council’s first reason for refusal still stands that the proposal is prohibited.	This proposed development is more accurately characterised as a service station which as outlined above is separately defined in the LEP and permissible in the IN1 General Industrial zone.
Despite the increased distance to the service centre entry, the proposal has not addressed the potential for highway sourced traffic to queue in Sancrox Road waiting to enter the service centre due to its decreased capacity nor the potential frequent U-turn movements at the proposed round-about by both B-double trucks and domestic highway travellers realizing the delays internally within the service centre.	The proposed service station driveways (as amended during the assessment of the application) have been designed to prohibit right turns into the site for west-bound traffic. This removes potential queuing in Sancrox Road by ensuring that traffic travelling west along Sancrox Road utilise the existing roundabout to enter the site. Refer to detailed comments provided earlier in this report.
There is a nominated highway service centre site in the Section 117 directions issued by the NSW Department of Planning and Environment at 1179 Oxley Highway on the north-bound side of the Pacific Highway and Oxley Highway interchange. The proposal will have a negative economic impact on the future of this planned facility.	The proposed development is considered to not be a Highway Service Centre and is not proposed to be located on the Pacific Highway. The proposed service station is not in conflict with the RMS Policy or the 117 Direction. The proposed service station has been designed to primarily provide fuel services to the Sancrox Employment Precinct and other local users of Sancrox Road. Given the scale of the Sancrox Employment Precinct, a well located accessible service station is considered to be an essential service to the existing and future industrial uses in the locality.
The proposed commercial use conflicts with the Roads and Maritime Services Policy on Commercial and Retail Development along the Pacific Highway North Coast.
Support for a service station at Sancrox as would be much more convenient to an existing business than the options currently available.	Support noted.
Hastings Co-op currently supplies fuel and other goods to Expressway Spaces and the Co-Op is looking to partner with Expressway Spares in establishing the service station, as part of the growing Sancrox Enterprise Zone.	Support noted.

(e) The Public Interest:

Based upon the assessment made in this report, it is considered that the proposed development satisfies relevant planning controls and is in the wider public interest to support.

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 and under Section 94A of the Environmental Planning and Assessment Act 1979.

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 DA.

The site is considered suitable for the proposed development. It is recommended that the application be approved subject to conditions.

Attachments

1 View. DA2017 - 871.1 Plans

2 View. DA2017 - 871.1 Recommended Conditions

3 View. DA2017 - 871.1 Additional Information

4 View. DA2017 - 871.1 Correspondence to SMEC - Swept Paths

5 View. DA2017 - 871.1 RMS Comments

6 View. DA2017 - 871.1 Traffic Report

7 View. DA2017 - 871.1 Submission - Hand

8 View. DA2017 - 871.1 Submission - Hastings Cooperative Ltd

9 View. DA2017 - 871.1 Submission - Scott PDI

AGENDA Development Assessment Panel 28/02/2018

Item: 07

Subject: DA2017 - 1007.1 Eight Semi-Detached Dwellings With Torrens Title Subdivision Lots 114,115,116 And 117 DP 1229250, 43 Seaside Drive And 4-6 Waterside Way Lake Cathie

Report Author: Fiona Tierney

Applicant: T Saab C/- Collins W Collins

Owner: S & P Karabulut

Estimated Cost: $1,722,875

Parcel no: 66478,66479,66480,66481

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2017 - 1007 for eight (8) semi-detached dwellings with torrens title subdivision at Lot 114,115,116 & 117, DP 1229250, No. 43 Seaside Drive & 4-6 Waterside Way, Lake Cathie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for eight (8) semi-detached dwellings and torrens subdivision at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

Following exhibition of the application, two (2) submissions have been received.

1. BACKGROUND

Existing sites features and Surrounding development

The site has an area of 2158.8m2.

The site is zoned R1- General Residential in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

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

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· Construction 8 two storey dwellings, each comprising 3 bedrooms (with additional study and rumpus rooms)

· Construction of front fence and landscaping

· Torrens Title subdivision

· Staged construction - Stage 1 – Units 1 & 2, Stage 2 - Units 3 & 4,Stage 3 - Units 5 & 6 & boundary Adjustment, Stage 4 - Units 7 & 8

Refer to attachments at the end of this report.

Application Chronology

· 10 November 2017 – DA lodged with Council.

· 20 November 2017- Additional information requested

· 23 November 2017 to 6 December 2017 – Neighbour notification of proposal.

· 18 January 2018 – Amended plans received façade material alterations.

3. STATUTORY ASSESSMENT

Section 79C(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) any Environmental Planning Instrument:

State Environmental Planning Policy No.55 – Remediation of Land

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

State Environmental Planning Policy No. 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 (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 semi-detached dwellings and subdivision 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 sufficiently consistent with the immediate residential locality.

· Clause 4.1, the standard minimum lot size requirements do not apply to this proposal. In this instance, Clause 4.1A is to be utilised and allows an integrated housing type application whereby construction and subdivision are included in the one application. When both construction and subdivision are included in the one application, Clause 4.1A allows the minimum lot size standard to be varied/reduced.

The intent of the clause is to encourage housing diversity without compromising residential amenity. This overall assessment shows that the development will have limited impact on adjoining properties. The surrounding area also contains a mixture of low and medium to high density residential development. This proposal will be consistent with such a density.

· Clause 4.3, the maximum overall height of the buildings above ground level (existing) is 7.643m 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 0.64:1.0 which complies with the maximum 0.65:1 floor space ratio applying to the site.

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

· Clause 5.10 – Heritage. The site does not contain or adjoin any known heritage items or sites of significance.

· Clause 7.13, 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 are considered relevant to the application.

(iii) any Development Control Plan in force:

Port Macquarie-Hastings Development Control Plan 2013:

*DCP 2013: Dwellings, Dual occupancies, Dwelling houses, Multi dwelling houses & Ancillary development*
	Requirements	Proposed	Complies
3.2.2.1	Ancillary development: • 4.8m max. height • Single storey • 60m2 max. area • 100m2 for lots >900m2 • 24 degree max. roof pitch • Not located in front setback	Water tanks are 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 development contains small covered area at the entrances to units in Waterside Way to 3.002m which do not exceed 25% of the articulation zone.	Yes
3.2.2.2	Front setback (Residential not R5 zone): • Min. 6.0m classified road • Min. 4.5m local road or within 20% of adjoining dwelling if on corner lot • Min. 3.0m secondary road • Min. 2.0m Laneway	Front building line setback is compliant with the minimum 4.5m front setback requirements in Waterside Way. The majority of the units to Seaside Drive (Secondary Frontage) are also proposed at a minimum of 4.5m with the exception of Unit 3/4 which has a minimum setback of 3.59m which complies with the 3m setback.	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 requirements are complied with.	Yes
	6m max. width of garage door/s and 50% max. width of building	Whilst the widths comply, Units 1 & 5-8 do not technically comply with the 50% requirement. The aim of the provision is to reduce impact of garages on the streetscape. As the dwellings are 2 storey and the upper floor extends forward of the garage doors this reduces the visual dominance of the garages and therefore meets with the objectives of this clause.	No - however meets objectives
	Driveway crossover 1/3 max. of site frontage and max. 5.0m width	5.5m wide driveway crossover (at kerb) and proportionally 16% of frontage.	No- however meets objectives
3.2.2.4	4m min. rear setback. Variation subject to site analysis and provision of private open space	Min. 3.193m rear setback to patio posts and 5.593m to main body of building	No- however meets objectives
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 and where less than 3m shadow diagrams have been submitted demonstrating compliance. The wall articulation is compliant and satisfies the objectives 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	Each occupancy contains 35m² open space in one area including a useable 4m x 4m area.	Yes
3.2.2.7	Front fences: • If solid 1.2m max height and front setback 1.0m with landscaping • 3x3m min. splay for corner sites • Fences >1.2m to be 1.8m max. height for 50% or 6.0m max. length of street frontage with 25% openings • 0.9x0.9m splays adjoining driveway entrances • Front fences and walls to have complimentary materials to context	The proposed front fence design at a height of 1.8m with 25% transparency and landscaped recesses is considered to meet the fencing provisions and objectives of DCP 2013. No adverse impacts will occur. N/A	Yes
3.2.2.10	Privacy: • Direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings. ie. 1.8m fence or privacy screening which has 25% max. openings and is permanently fixed • Privacy screen required if floor level > 1m height, window side/rear setback (other than bedroom) is less than 3m and sill height less than 1.5m • Privacy screens provided to balconies/verandahs etc which have <3m side/rear setback and floor level height >1m	No direct views between living areas of adjacent dwellings when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings. Standard side and rear fencing will provide screening.	Yes

*DCP 2013: General Provisions*
	Requirements	Proposed	Complies
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline	No concealment or entrapment areas proposed. Adequate casual surveillance available.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	Cut 1-1.5m unit 1 outside the perimeter of the external building walls	No- however considered acceptable
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 retaining walls within close proximity to existing property boundaries.	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	Retaining wall front fence combination proposed max 2.1m including retaining wall. Retaining wall typically 450mm and fence 1650mm. Proposed for very small portion of development.	No- however meets objectives
2.3.3.8	Removal of hollow bearing trees	No hollow bearing 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)	None proposed.	N/A
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater	Refer to main body of report.	Noted
2.5.3.2	New accesses not permitted from arterial or distributor roads	No new access proposed to arterial or distribution road.	N/A
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking	Considered acceptable.	Yes
2.5.3.3	Parking in accordance with Table 2.5.1. Multi dwelling 1 space per 1 & 2 bedroom occupancies 1.5 spaces per 3+ bedroom occupancies 0.25 spaces per occupancy for visitor parking.	Proposal involves: 8 x 3 bedroom dwellings Therefore requirements are: 8 x 1.5 spaces rounded up) = 12 spaces + 8 x 0.25 visitor = 2 spaces (rounded up) = 14 spaces in total The development proposes: 16 parking spaces as part of the dwellings and sufficient room for stack parking for visitors in front of each garage.	Yes
2.5.3.11	Section 94 contributions	Contributions apply.	Yes
2.5.3.12 and 2.5.3.13	Landscaping of parking areas	Suitable landscaping proposed around driveway/parking locations.	Yes
2.5.3.14	Sealed driveway surfaces unless justified	Sealed driveway areas 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.	Stormwater drainage is capable of being managed as part of plumbing construction.	Yes

The proposal seeks to vary Development Provision relating to the garage door width occupying more than 50% of building width

The relevant objectives are:

· To minimise the impact of garages and driveways on the streetscape, on street parking and amenity.

· To minimise the visual dominance of garages in the streetscape.

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

· The garage doors proportional to the overall elevation to the front boundary is significantly less than the recommended 50%.

· The visual dominance is reduced as the upper elevation extends forward of the garages and strategic use of landscaping assists with integration into the overall streetscape.

The proposal seeks to vary Development Provision relating to recommended 4m rear setback. The proposal includes sections of the rear of the units with open patio areas within the 4m area.

The relevant objectives are:

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

· To provide useable yard areas and open space.

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

· The development is part of an overall cluster of houses that allow for an integrated consideration of the design. Design allows for increased natural light and ventilation.

· There are no adverse natural light and ventilation issues to the northern neighbouring property.

· The structures within the 4m setback other than the main buildings are only relating to open patios with posts.

· The subject units generally have areas well in excess of 35m2 of useable private open space areas.

The proposal seeks to vary Development Provision relating to maximum front fence and retaining wall height of 1.8m. The proposal includes a section of courtyard fencing that proposes a maximum combined height of 2.1m.

The relevant objectives are:

· To define the edge between public and private land and to provide privacy and security.

· To ensure adequate sight lines are provided for vehicles leaving the site.

· To ensure front fencing does not impact on the public domain.

· To encourage surveillance of the street and other public places.

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

· The area of variation is for a very small proportion of the overall development and proportional to the bulk and scale of the dwellings behind.

· The fence is well broken up with a retaining wall, recessed panels and a 25% open transparency design.

· The design will allow for adequate surveillance and lines of sight for vehicles entering and leaving the site.

The proposal seeks to vary Development Provision relating to maximum cut of 1.0m external to the building. The proposal proposes a cut of 1-1.5m for units 1 and 2.

The relevant objectives are:

· 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 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:

· There is no adverse impacts on privacy due to the variation being limited to cut only.

· Stormwater design and drainage will cater for the proposed cut.

· The proposal will allow for more efficient and appropriate use of the site for suitable outdoor areas.

· Retaining walls are to be designed by a structural engineer to ensure there is no instability or damage to adjoining properties.

Based on the above assessment, the variations proposed to the provisions of the DCP are considered acceptable and the relevant objectives have been satisfied.

Cumulatively, the variations do not amount to an adverse impact or a significance that would justify refusal of the application.

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

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

iv) any matters prescribed by the Regulations:

New South Wales Coastal Policy:

Consistent

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

None applicable

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

Context and setting

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

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

• There are no adverse impacts on existing view sharing.

• There are no adverse privacy impacts.

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

Roads

The site has road frontages to Waterside Way and Seaside Drive both are residential streets which are sealed with kerb and gutter.

Traffic and Transport

The site is currently vacant land. This development proposes to generate 35 additional daily trips. The addition in 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 multiple driveways with direct frontage to either Waterside Way or Seaside Drive being a public roads. Access shall comply with Council AUSPEC and Australian Standards, and conditions have been imposed to reflect these requirements.

Due to the type and size of development, additional works are required to include:

· Concrete footpath paving (minimum 1.2m wide) along the full frontage (ie those areas of the frontage where footpath does not exist at present).

Parking and Manoeuvring

Parking spaces have been provided on-site within garages with additional parking provided available within the driveways. 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

Council records indicate that the development site has multiple existing water services. Each propose lot requires an individual metered water service. The engineering plans submitted with the development application are not acceptable in their current form.

Detailed plans will be required to be submitted for assessment with the S.68 application. Overall, the design is capable of complying.

Sewer

Council records indicate that the development site is connected to Sewer via several junctions. Each proposed lot requires an individual connection to sewer. The engineering plans submitted with the development application are acceptable for Sewer Section purposes.

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

Stormwater

The site naturally grades towards the street.

A detailed site stormwater management plan will be required to be submitted for assessment with the Section 68 application and prior to the issue of a Construction Certificate. Overall, stormwater is capable of complying.

Other Utilities

Telecommunication and electricity services are available to the site.

Heritage

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

Other land resources

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

Water cycle

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

Soils

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 removal/clearing.

The proposal will be unlikely to have any significant adverse impacts on biodiversity or threatened species of flora and fauna. Section 5A of the Act (the legislation in force at the time of the application being received) is considered to be satisfied.

Waste

Satisfactory arrangements are in place for proposed storage and collection of waste and recyclables. No adverse impacts anticipated.

Energy

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

Noise and vibration

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

Bushfire

The site is identified as being bushfire prone.

The applicant has submitted a bushfire report prepared by a Certified Consultant. The report assumes that proposed subdivision will occur and has carried out an assessment under Section 100B requirements. The matter has been referred to the RFS who have issued a bushfire safety authority and conditions.

Safety, security and crime prevention

Social impacts in the locality

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

Economic impact in the locality

No adverse impacts. Likely positive impacts can be attributed to the construction of the development and associated flow on effects (ie 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
The proposal fails to meet the requirements of the LEP in relation to streetscape, density and lot size.	The application has been assessed above to be compliant with the requirements of the LEP in relation to streetscape, density and lot size. In particular the LEP permits the development type and the floor space ratio requirements have been met. A reduction in lot size is permissible where attached dwellings are approved as part of the assessment process.
The development proposal fails to meet the requirements of the Catarina Design Guidelines and what was promised to future buyers.	The Catarina Design Guidelines have been developed as a private covenant agreement and are not part of Council’s assessment process.
Out of character with free standing dwellings in the area	A variety of development is proposed within the precinct with a variety of multi dwelling and dual occupancy development. Buildings have been designed to incorporate articulation, as well as a variety in colours, materials and finishes in order to provide a high level of visual amenity when viewed from the public domain and roadways. The development will provide a variety of housing to provide a multi-faceted character to the area that responds to the needs of the differing requirements of the Lake Cathie community.

(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.

5. CONCLUSION

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

Attachments

1 View. DA2017 - 1007.1 Plans

2 View. DA2017 - 1007.1 Recommended Conditions.

3 View. DA2017 - 1007.1 Submission - Brown

4 View. DA2017 - 1007.1 Submission - Ding

AGENDA Development Assessment Panel 28/02/2018

Item: 08

Subject: DA2017 - 780.1 Shop Top Housing - Lot 1 DP 536032, No. 4 Hastings River Drive, Port Macquarie

Report Author: Fiona Tierney

Applicant: Wayne Ellis Architect

Owner: Gerranne Pty Ltd

Estimated Cost: $3,800,000

Parcel no: 8383

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2017 - 380 for Shop Top Housing at Lot 1, DP 536032, No. 4 Hastings River Drive, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a Shop Top Housing 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 have been received.

1. BACKGROUND

Existing sites features and Surrounding development

The site has an area of 1081m².

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

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

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· Four storey shop top housing with commercial floor space at ground level

· Ground floor car parking

· Twelve (12) x Two (2) bedroom units and five (5) x one (1) bedroom units

Refer to attachments at the end of this report.

Application Chronology

· 4 April 2017- Pre-lodgement meeting

· 4 September 2017- Application Lodged

· 15 September -28 September 2017- Neighbour notification

· 15 September 2017- Heritage advisor comments

3. STATUTORY ASSESSMENT

Section 79C(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) any Environmental Planning Instrument:

State Environmental Planning Policy No.55 – Remediation of Land

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

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

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

State Environmental Planning Policy No. 64 – Advertising and Signage

There is no signage proposed as part of the application. Suitable condition has been recommended advising of consent requirements for future signage.

State Environmental Planning Policy 65 - Design Quality of Residential Flat Development

In accordance with clause 4, SEPP applies to the proposal. It is noted that no Design Review Panel has been appointed by Port Macquarie-Hastings Council following amendments to this Policy in July 2015.

In accordance with clause 30(2), the proposal has demonstrated satisfactory consideration against the design quality principles contained in the Apartment Design Guide and the following table provides an assessment against these principles:

Requirement

Proposed

Complies

Principle 1:Context & 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.

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 four storey shop top housing development. The area is characterised by a mixture of commercial, tourist and higher density developments. The area is currently undergoing rapid redevelopment with a number of higher density flat buildings, shop top housing and medical developments underway or proposed in the immediate area. Encouraging higher density in areas with close proximity to the CBD or business zones is desirable.

The proposed building design is compatible with existing development and the desired future character of the area as stated in the relevant planning and design policies. It is considered the building will contribute to the identity of the area.

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

The building is considered to achieve an appropriate built form and incorporates interesting building elements and treatments that will complement the streetscape.

The proposed internal unit layouts provide for internal amenity. The orientation of the block takes advantage of the northern outlook.

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 proposal is for a floor space

ratio (FSR) of approximately 1.21:1, which complies with the maximum 1.8:1 FSR adopted in the LEP.

The adopted FSR for the site is consistent with the objectives of the B2 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 public transport, proximity to 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.

Most units contain a certain level of north/north east facing balconies/aspect and opportunities for solar access and natural ventilation.

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

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 usability, privacy and opportunities for social interaction, equitable access, respect for neighbours’ amenity, provides for practical establishment and long term management.

Satisfactory landscaping. The soil depth and area available is consistent the Apartment Design Guide and provides for a variety of landscaping that incorporates medium sized trees and lower scale plantings that is considered acceptable for the site.

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.

Adequate storage and outdoor space provided throughout the building.

Accessibility is possible via ramps, stairs and lifts.

The layout of the units has taken advantage of the north/eastern orientation with an emphasis of natural sunlight and ventilation via predominantly north facing windows and balconies and access to external common areas.

The design and layout will provide a good level of amenity.

All units are accessible via a lift.

Building depth is satisfactory.

All units include a sufficient amount of private open space.

Communal open space 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.

The proposal adequately addresses the principles of Crime Prevention Through Environmental Design.

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, providing opportunities for social interaction amongst residents.

The proposal provides 12 x 2 bedroom apartments and 5 x 1 bedroom. The units will suit a variety of budgets and housing needs.

The proposal adequately addresses social dimensions and housing affordability.

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 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 on the plans indicate a contemporary high quality design and finish. It is considered that the aesthetics of the building will respond appropriately to the surrounding environment and context of the existing and desired character of the locality.

Yes

Clause 28(2), the proposal has adequately addressed the Apartment Design Guide. The following table provides an assessment against the relevant Apartment Design Guide criteria:

Requirement	Proposed	Complies
*3A site analysis*
Site analysis illustrates that design decisions have been based on opportunities and constraints of the site conditions and their relationship to the surrounding context.	Suitable site analysis provided.	Yes
*3B orientation*
Building types and layouts respond to the streetscape and site while optimising solar access within the development.	Ground floor commercial space and pedestrian and driveway entries respond to street. Suitable solar access is available to the individual units throughout the year. Overshadowing has been minimised to southern neighbours through increased setbacks to the southern boundary.	Yes
Overshadowing of neighbouring properties is minimised during mid-winter	Due to the orientation of the site the primary overshadowing impacts shall occur over the southern property. The development has been located to be sympathetic to this site with driveways located on the southern side to increase solar access. The southern property has their access via this northern side and is largely shaded by vegetation during the winter months. Balconies and living areas are located to the south of the premises which limits the overshadowing impacts to adjoining site. The proposal achieves compliance with sunlight criteria in that these areas will receive the minimum 3 hours direct sunlight between 9am and 3.pm mid-winter	Yes
*3C public domain interface*
Transition between private and public domain is achieved without compromising safety and security	Overlooking of street available form front living areas and entry is well lit and activated	Yes
Amenity of the public domain is retained and enhanced.	Street frontage is activated through setback to Hastings River Drive Street with ground floor commercial tenancies and landscaping. 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*
Communal open space 25% of the site.	276m² of area available for use.	Yes
50% direct sunlight to useable communal open space for 2 hours mid-winter	>50% direct sunlight to communal open space area.	Yes
Communal open space is designed to allow a range of activities, respond to site conditions and be attractive and inviting.	The communal area is considered to allow for a range of activities for both the individual and groups in a user friendly and northerly orientated open space. More specific landscape details will be required prior to issue of a Construction Certificate.	Yes
Communal open space is designed to maximise safety.	The communal open space is directly accessible from the stairway and 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.	Yes
Public open space, where provided, is responsive to the existing pattern and uses of the neighbourhood.	No public open space proposed.	N/A
*3E deep soil zones*
3m minimum dimensions required for deep soil zone and minimum 7% of site area. 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.	Site is 1081m2. Deep soil planting proposed min 3.8m. A total of 276m2 has been nominated as deep soil- a total of 25% of the site.	Yes
*3F visual privacy*
Between habitable rooms and site boundaries: - 6m separation up to 4 storeys - 9m separation 5 and 6 storey - 3m separation non habitable up to 4 storeys - 4.5m separation non habitable up to 4 storeys	Does not comply with setback specifications but alternative walls and screens have been utilised to maximise privacy. Considered satisfactorily addressed.	No, but acceptable.
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.	Natural screen wall plantings provide visual privacy without detrimentally impacting solar access and views.	Yes
*3G Pedestrian access and entries*
Building entries and pedestrian access connects to and addresses the public domain.	Multiple building entries are provided to ensure an activated street frontage is provided. Each access is clearly defined and articulated to the street.	Yes
Access, entries and pathways are accessible and easy to identify	The building access areas are clearly visible from the street and the ground floor is provided at grade in compliance with the relevant disability standards.	Yes
Large sites provide pedestrian links for access to streets and connection to destinations	Pedestrian connections to the public footpath running along Hastings River Drive are proposed in accordance with the design criteria.	Yes
*3H Vehicle Access*
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	The driveway entry is located via Hastings River Drive east of the site. 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. Access point location avoids headlight glare to habitable rooms. The width of the vehicle access point is limited. Garbage collection, loading and servicing areas are screened. Considered acceptable.	Yes
*3J Bicycle and carparking*
On land within 400m of B3 or B4 mixed use or equivalent in a nominated regional centre the min. car parking requirements set out in the Guide to Traffic Generating Developments are to be provided. 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)	The subject site is located in a B2 zone. Parking requirement for the site are outlined later in this report under the Parking heading. In summary, a shortfall exists with contributions to be levied.	No, but acceptable.
Parking and facilities are provided for other modes of transport	Site is centrally located within short walk of all facilities. The basement car park allows for vehicle spaces to be used for motorbikes etc. There are also storage areas available for bicycles	Yes
Carpark design and access is safe and secure	Safe and secure parking proposed.	Yes
Visual and environmental impacts of underground car parking are minimised	The proposed basement car park shall not be visible from the street.	Yes
4A Solar and daylight access
Living rooms and private open space areas of at least 70% apartments receive 3 hours of sunlight mid-winter Max. 15% of apartments receive no direct sunlight in mid-winter	Proposed development provides suitable sunlight. All units have multiple aspects over multiple levels with a northern aspect meaning all units will achieve 3 hours sunlight midwinter.	Yes
Daylight access is maximised where sunlight is limited	It is considered that adequate daylight access is available to each of the proposed units due to their orientation.	Yes
Design incorporates shading and glare control, particularly for warmer months	Proposed development provides suitable shading.	Yes
*4B natural ventilation*
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	The depths of the proposed unit’s habitable rooms are considered to support natural ventilation with suitable opportunities for cross ventilation due to multiple aspects.	Yes
The layout and design of single aspect apartments maximises natural ventilation.	No single aspect units.	Yes
60% of apartments are naturally cross ventilated	Cross ventilation provided.	Yes
Overall depth of crossover or cross through apartments does not exceed 18m	Proposal complies with width. 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*
2.7m habitable rooms ceiling height	Proposal complies. Units generally have minimum 2.8m ceiling heights. Small area to rear of upper unit 17 is 2.559m due to skillion roof slope.	Yes
Ceiling height increases the sense of space in apartments and provides for well-proportioned rooms	Consistent.	Yes
Ceiling heights contribute to the flexibility of building use over the life of the building	Consistent.	Yes
*4D apartment size and layout*
Apartment size minimums to be comply with: Studio = 35m² 1 Bedroom = 50m² 2 Bedroom = 70m² 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	Apartment size minimums comply. With the exception of unit 8. However, it is considered the northern orientation and balcony area/layout will provide sufficient amenity and provides for a variety of housing. Every habitable room has access to a window with compliant glass area. Kitchens are not part of hallways etc.	No- however considered acceptable
Windows in habitable rooms with 10% of floor area	Windows provided and sufficient size.	Yes
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. Proposed design considered compliant.	Yes
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. The proposal for dual key apartments has been removed. The lower door is to be removed and opening widened. Details are to be shown on the application for the construction certificate	Yes
*4E Private open space and balconies*
2 bed min area 10m² and min depth 2m	Balconies do not comply with the minimum depth requirement of 2m. Currently 1.8m.The consent is to be conditioned to require the plans to be amended to provide a 2m depth.	Yes
Ground floor min 15m² and min depth 3m		N/A
Primary private open space and balconies are appropriately located to enhance liveability for residents.	The balconies for each of the proposed units are located off a bedroom and/or living area in a manner compliant with the design criteria.	Yes
Private open space and balcony design is integrated into and contributes to the overall architectural form and detail of the building.	The balcony design is considered to integrate into the architectural form of the building whilst providing views across the site, passive surveillance of the street and maintaining visual privacy for occupants.	Yes
Private open space and balcony design maximises safety.	Design is considered compliant however details of dividing screens to be detailed on plans. 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*
Max. 8 units off a circulation core on a single level	Compliant	Yes
Common circulation spaces promote safety and provide for social interaction between residents	The proposed lift lobby will provide a short, direct entry to the lift with access to the units. 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*
a) Min. storage requirements 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.	Suitable storage provided and additional in garage areas.	Yes
*4H Acoustic privacy*
Noise transfer is minimised through the siting of buildings and building layout	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
Noise impacts are mitigated within apartments through layout and acoustic treatments.	Rooms with similar noise requirements are grouped together both internally within the apartments and between apartments. Internal walls between apartments shall be constructed so as to comply with the applicable noise and acoustic standards.	Yes
*4J Noise and pollution*
In noisy or hostile environments the impacts of external noise and pollution are minimised through the careful siting and layout of buildings.	The subject site is not considered to be located within a noisy or hostile environment.	N/A
Appropriate noise shielding or attenuation techniques for the building design, construction and choice of materials are used to mitigate noise transmission.	The building is to be designed using appropriate construction materials to comply with acceptable noise criteria. Condition to be applied to ensure compliance.	Yes
*4K Apartment mix*
A range of apartment types and sizes is provided to cater for different household types now and into the future.	The proposal is for a mixture of 1 & 2 bedroom units only. The mix is considered appropriate for the site and its position considering the distances to public transport, employment and education.	Yes
The apartment mix is distributed to suitable locations within the building.		Yes
*4L Ground floor apartments*
Street frontage activity is maximised where ground floor apartments are located	No ground floor units proposed.	N/A
Design of ground floor apartments delivers amenity and safety for residents.	No ground floor units proposed.	N/A
*4M Facades*
Building facades provide visual interest along the street while respecting the character of the local area.	The proposed design provides a composition of varied building elements to ensure that the building is provided with variations in texture, material and detail. The proposal is considered compliant with the design criteria.	Yes
Building functions are expressed by the facade	The building entries are clearly defined from the street frontage via the provision of the access paths and variation of materials surrounding the entries. The proposal is considered compliant with the design criteria.	Yes
*4N Roof design*
Roof treatments are integrated into the building design and positively respond to the street.	Although not visible from the street the proposal is considered compliant with the design criteria.	Yes
Opportunities to use roof space for residential accommodation and open space are maximised	None proposed.	N/A
Roof design incorporates sustainability features	No roof space proposed	Yes
*4O Landscape design*
Landscape design is viable and sustainable	Suitable landscape plan provided that allows a range of plantings and potential for stormwater detention	Yes
Landscape design contributes to the streetscape and amenity	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*
Appropriate soil profiles are provided	The soil depth is considered capable of accommodating trees, shrubs, ground covers and turf. The proposal is considered compliant with the design criteria.	Yes
Plant growth is optimised with appropriate selection and maintenance	The plant species will be chosen for their suitability for the local environment and tolerance to the existing and proposed site conditions. The proposal is considered compliant with the design criteria.	Yes
Planting on structures contributes to the quality and amenity of communal and public open spaces	The proposal is considered compliant with the design criteria.	Yes
*4Q Universal design*
Universal design features are included in apartment design to promote flexible housing for all community members	Universal design features are included in apartment design to promote some flexible housing for all community members in particular units.	Yes
A variety of apartments with adaptable designs are provided	The proposed apartments are considered to provide a layout and design that caters for adaptable apartments which include a high level of solar access.	Yes
Apartment layouts are flexible and accommodate a range of lifestyle needs	The proposed apartments contain open plan living, kitchen and dining areas which are considered to be suitable for a variety of adaptable uses.	Yes
*4S Mixed Use*
Mixed use developments are provided in appropriate locations and provide active street frontages that encourage pedestrian movement	Commercial ground floor street activation and residential above.	Yes
Residential levels of the building are integrated within the development, and safety and amenity is maximised for residents	Separate access and parking areas well defined.	Yes
*4T Awning and Signage*
Awnings are well located and complement and integrate with the building design	Awnings are street aligned, well integrated into the building design and provide defined entry to commercial tenancy.	Yes
Signage responds to the context and desired streetscape character	To be proposed dependant on tenancy.	Yes
*4U Energy efficiency*
Development incorporates passive environmental design	The proposal is considered to provide adequate passive solar design. BASIX provided.	Yes
Development incorporates passive solar design to optimise heat storage in winter and reduce heat transfer in summer	The proposal is considered to provide adequate natural ventilation. BASIX provided.	Yes
Adequate natural ventilation minimises the need for mechanical ventilation	The proposal is considered to provide adequate natural ventilation. BASIX provided.	Yes
*4V Water management and conservation*
Potable water use is minimised	BASIX certificate submitted which includes requirements for water reuse.	Yes
Urban stormwater is treated is treated on site before being discharged to receiving waters	Refer to stormwater comments later in this report.	Yes
Flood management systems are integrated into site design	Suitable stormwater management systems are proposed to cater for any internal flooding of the basement parking area	Yes
*4W Waste management*
Waste storage facilities are designed to minimise impacts on the streetscape, building entry and amenity of residents.	A common waste storage area is proposed within the ground floor parking area in a location suitable for collection via a private contractor.	Yes
Domestic waste is minimised by providing safe and convenient source separation and recycling.	Collection from the proposed building can occur via private collection.	Yes
*4X Building maintenance*
Building design detail provides protection from weathering	The proposed design is considered to provide design solutions to be weather proof.	Yes
Systems and access enable ease of maintenance	Windows are considered to be able to be cleaned from inside.	Yes
Material selection reduces ongoing maintenance costs	The materials chosen for the proposed building are considered to be appropriate for the locality, robust and durable.	Yes

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

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

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

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

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

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

c) any adverse impacts on flora and fauna;

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

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

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

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

h) adverse cumulative impacts on the environment;

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

j) development relying on flexible zone provisions. (refer to clause 5.3 of LEP 2011 - Development near zone boundaries unable to be undertaken when SEPP 71 applies).

The site is predominately cleared and located within an area zoned and substantially built out already with similar uses.

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

A BASIX/universal certification has been submitted demonstrating that the proposal will comply with the requirements of the SEPP. It is recommended that a condition be imposed to ensure that the commitments are incorporated into the development and certified at Occupation Certificate stage.

State Environmental Planning Policy (Infrastructure) 2007

Clause 101 refers to development with frontage to a classified road. In this case, the development has frontage to a classified road. Hastings River Drive is identified as MR600. The development is of a type that is sensitive to traffic noise or vehicle emissions and the applicant is to include measures to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road. Overall, the noise issue is capable of being complied with and conditions have been imposed to address this issue at the construction certificate stage.

Clause 102 refers to noise and vibration impacts from a classified road on non-road development. The clause only applies to freeways, tollways and roads with an Annual Average Daily Traffic (AADT) of 40,000 vehicles. In this case, Hastings River Drive does not contain such traffic volumes and further consideration is not required.

The development does not trigger any of the traffic generating development thresholds of Clause 104.

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

Port Macquarie-Hastings Local Environmental Plan 2011

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

· In accordance with clause 2.2, the subject site is zoned B2 Local Centre. In accordance with clause 2.3(1) and the B2 zone landuse table, the proposed development for a shop top housing development is a permissible landuse with consent.

The objectives of the B2 zone are as follows:

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

o To encourage employment opportunities in accessible locations.

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

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

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

o The proposal is a permissible landuse.

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

· Clause 4.3, the maximum overall height of the building above ground level (existing) is 12.925m which complies with the standard height limit of 14.5 m applying to the site.

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

· Clause 4.4, the floor space ratio of the proposal is 1.21:1 which complies with the maximum 1.8:1 floor space ratio applying to the site.

· Clause 5.10 – Heritage. The site does not contain but does adjoin a heritage item - see comments under Heritage heading later in this report.

· Clause 7.7 – Airspace operations - condition proposed to cover height of crane approval (if utilised).

· 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

*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 B2- Local Centre. Consistent with adjoining setbacks.	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 south greater than 3m and 3m minimum to adjoining strata titled building.	Yes
3.3.2.6	Min. 6m rear setback (including sub basements)	1.486m to sub-basement- site adjoins an existing motel development, No balconies proposed in rear setback that allows for visual and acoustic privacy	No, but acceptable.
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).	276m² of deep soil zone or 25% of the site area is proposed. While not 6m in width, the dimensions are considered acceptable to meet the objectives of the DCP. The location of the deep soil zone is satisfactory	No, but acceptable.
3.3.2.12	Deep soil zones accommodate existing advanced trees, and allow for advanced tree planting.	Deep soil zones can accommodate 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.	Shadow diagrams have been submitted demonstrating compliance.	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 not 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.		N/A
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 to be submitted prior to issue of a Construction Certificate.	Yes
3.3.2.17	Existing vegetation to be retained and nutrient-rich water prevented from entering native gardens.	No existing vegetation to be retained 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
3.3.2.23	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.	None proposed.	N/A
3.3.2.24	Fencing materials consistent with or complimentary to existing fencing in the street.	Older timber fencing.	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. · Acoustic certification will be required adjoining a classified road	Yes
3.3.2.26	Openings of adjacent dwellings separated by at least 6m.	Screen provided where appropriate	Yes
3.3.2.27	Building designed so noise transmission between apartments is minimised.	Building designed so noise transmission between apartments is minimised.	Yes
3.3.2.27	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.	Condition of consent to be applied - adjoining classified road.	Yes – capable subject to conditions
3.3.2.29	Impact of noise from key public places to be considered.		Yes – capable subject to conditions
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 available to all level 1 units.	Yes
3.3.2.33	Developments located close to open space, recreation, entertainment and employment.	The proposal is located on a site within close proximity to town centre.	Yes
3.3.2.33	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.	12 x 2 bedroom Units 1-4,6,7,11,12 ( media room considered capable of use as a bedroom),13,15-17 ( 2 Bedroom) and 5 x 1 bedroom proposed- Units 5,8-10,14 ( 1 Bedroom). The 1 bedroom comprise 30% of total with a number of 1 bedroom units having media rooms that allow for flexibility in use. Considered that the mix is appropriate given location and demand for affordable housing/student accommodation.	No, but acceptable.
	Mix of 1 and 3 bedroom apartments at ground level.	No ground level units – proposal is shop top housing, which requires shops/commercial at ground level.	N/A
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.	None proposed.	N/A
	Outdoor roof areas oriented to the street.	None proposed.	N/A
	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. The compliant width caters for the minor variation to height. Objectives of DCP not compromised.	No, but acceptable.
	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. Solid balconies are not proposed in tis instance.	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
3.3.2.45	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

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

N/A

2.3.3.8 onwards

Removal of hollow bearing trees

No hollow bearing tree removal proposed.

N/A

2.6.3.1

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

One existing Black bean tree 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.

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 Hastings River Drive

Yes

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

Driveway crossing from Hastings River Drive 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

State Environmental Planning Policy (SEPP) No 65 Design Quality of Residential Apartment Development provides at clause 30(1)(a) that minimum car parking requirements are to be determined in accordance with Section 3J of the NSW Residential Apartment Design Guide. That guide prescribes a minimum rate equal to Council’s DCP requirements or the requirements set out in the RMS Guide to Traffic Generating Developments 2002, whichever is less. Both requirements are tabulated below to determine the minimum rate for the site.

Description	DCP 2013 Requirement	RMS Guide Requirement
First floor units	1 per (1 to 2 b/r) = 6 spaces	1 per unit, plus 0.2 per (2 b/r), plus 0.5 per (3+ b/r) = 6 + 0.2 x (5) + 0.5 x (0) = 7 spaces
Second floor units	1 per (1 to 2 b/r) = 6 spaces	As above = 6 + 0.2 x (2) + 0.5 x (0) = 6.4 spaces
Third floor units	1 per (1 to 2 b/r) = 6 spaces	As above = 6 + 0.2 x (4) + 0.5 x (0) = 6.8 spaces
Residential visitors	1 per 4 units = 18 / 4 = 4.5	1 per 5 units = 18 / 5 = 3.6
Retail tenancy	1 per 30sqm = 66 / 30 = 2.2	SEPP No 65 is not applicable to commercial
Body Corporate (office)	1 per 30sqm or 1.5 per office (min) = 22 / 30 or 1.5 = 1.5	SEPP No 65 is not applicable to commercial
TOTAL PARKING Residential Business	22.5 (23) 3.7 (4)	23.8 (Use DCP rate)

The DA plan provides for 18 onsite spaces (including 17 within the gated area and 1 external space), so using Council’s DCP there is a resulting shortfall of 9 spaces (all 4 business and all 5 visitor spaces required under the plan). The site is within Council’s mapped CBD area in the relevant contributions plan, so a cash contribution for each of the 9 parking spaces not provided onsite is recommended to fund public parking projects in the surrounding area.

Refer to relevant conditions of consent.

No, but acceptable based on each dwelling/unit having a space onsite (which is the key issue) and contributions being levied on the remaining shortfall.

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. 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.

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

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: Westport Precinct

Development Provisions

Proposed

Complies

Residential flat buildings to have 24m frontage.

Dual frontages may accept an 18m frontage.

Frontage is 27.095m

The development is consistent with the relevant bulk and scale provisions of the LEP and DCP and as such the development potential is consistent with Councils vision for the development of the locality.

Yes

Development complies with:

- Building height complies with LEP.

- Setbacks and building alignments consistent with 4.2-4.

- Controls on building height, commercial uses etc apply to Bridge, Gore and William Street.

Building height addressed in LEP section of this report.

Ceiling heights for residential first floor are 2.8m. The height is acceptable given the building use is unlikely to change in the near future.

Yes

Setbacks and building alignments to be consistent with Figures 4.2-5 & 6 or 3m where no setback shown.

Upper level to be setback.

Figure 4.2-5 allows a 0m setback to Hastings River Drive. Applicant has chosen a setback more conducive to the area and that required by section 3.3 of the DCP. Setback provides a good middle standard.

Yes

Side and rear setbacks to be:

- 3m from side boundaries.

- 6m from rear boundary.

- South of Gordon Street 10m rear setback.

- Party wall not appropriate.

The development is setback 3m from side boundaries.

It should be noted the property has a reduced rear setback but increased side setbacks provided for better acoustic outcomes for more sensitive receivers.

Yes.

Side and rear walls are to be articulated to provide privacy and separation with balconies of adjacent buildings by the following:

- Up to 4 storeys or 12m = 6m habitable rooms/balconies and 3m non habitable.

- Between 5 & 8 storeys or 25m = 9m habitable rooms/balconies and 4.5m non habitable.

Where separation does not exist, privacy screens or louvers may be utilised.

Where separation is compromised, the development contains no windows or has nominated privacy screens.

Yes

Open space areas are:

- 25% communal open space. Where 25% not possible due to constraints, 5m² per dwelling required.

- 2 hours sunlight for communal area between 9am and 3pm.

- Communal areas may be reduced where development contributes to public area.

- Rooftop communal setback from edges and not overlook.

Communal open space complies with 25% requirement. The communal area receives a suitable mixture of sun and shade.

Yes

Deep soil to site area provided as follows:

- <650m² = 7%

- 650m² to 1500m² = 10%

- >1500m² = 15%

Min 6m width unless a constrained site - see DCP for what constitutes constrained. Constrained sites need to be 3m.

10% paving allowed where tree growth can still occur.

Refer to comments in ADG assessment regarding deep soil zone areas.

No, but acceptable.

Fences and retaining walls to comply with the following:

- Within 1m of front boundary be max 1.2m high.

- Variations allowed where ground floor level is higher than ground level.

- Fences greater than 1.2m should be 50% transparent above the 1.2m height.

- Fences should step down sloping sites.

None proposed.

N/A

Based on the above assessment, the variations proposed to the provisions of the DCP are considered acceptable and the relevant objectives have been satisfied.

Cumulatively, the variations do not amount to an adverse impact or a significance that would justify refusal of the application.

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

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

iv) any matters prescribed by the Regulations:

New South Wales Coastal Policy:

The proposed development is consistent with the objectives and strategic actions of this policy.

Demolition of buildings AS 2601:

Demolition 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 easterly street frontage orientation to Hastings River Drive.

Adjoining the site to the north is an existing residential development.

Adjoining the site to the east are existing commercial development.

Adjoining the site to the south is an existing heritage listed Backpackers Establishment.

Adjoining the site to the west is an existing motel.

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 commercial/residential development in the locality and adequately addresses planning controls for the area.

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

The proposal does not have significant adverse lighting impacts.

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

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

Roads

The site is bordered to the east by Hastings River Drive, a dual carriageway arterial road within a road reserve 30m wide. Hastings River Drive is owned and maintained by Council, with the RMS having a concurrence role as it is a regional classified road – see the RMS heading below.

An upgrade of Hastings River Drive near the site was completed by Council in early 2016 providing a number of improvements, including:

· The northbound lane fronting the site now has a median island, forcing traffic access to the site to be left in / left out only. A roundabout 120m to the north along Hastings River Drive facilitates a safer turning movement for traffic heading in other directions.

· Concrete footpath was constructed along the frontage of the site. No further footpath augmentation is considered necessary in connection with this proposal.

· A kerbside parking lane was upgraded with new concrete pavement, upright (SA type) kerb, and a dish drain and stormwater pit.

Traffic and Transport

The proposal has previously been presented to Council in a similar form under pre-lodgement meetings 2016/69 and 2017/51.

Previous DA 2004/819 for a 4-storey residential flat building also applies to the land, but as the development has not been completed, no credit in regard to parking or traffic generation has been assessed.

The site is currently occupied by a dwelling with a single vehicular access driveway to the road network. An estimate of existing vehicular trips would be in the order of 7-9 trips per day on average.

The RMS Guide to Traffic Generating Development (2002) provides a trip generation rate for Residential Flat Buildings of 4-5 average trips per day, which is expected to be appropriate for this proposal given the site’s close proximity to the CBD. For the proposed 18 units (counting units 11b and 12b as separate occupancies and generators), this equates to around 90 trips per day, or an increase of 83 trips compared with the existing dwelling. 83 trips per day would generally amount to around 9 trips during each of the AM and PM peak (commuter) periods, assuming a peak factor of 0.1 which is typical.

Also provided in the RMS Guide is a peak hourly rate of 10 trips per 100sqm of office GFA, which for the 22sqm of body corporate floor area is 2.2 trips (i.e. per AM and PM commuter peak period), noting that this office floor area may later be used by a different type of business without the need for a change of use DA. 22 daily trips is expected to be conservative (high).

A traffic generation estimate for the retail floor area (66sqm) is less certain until the nature of the tenant business is known, but a simple rate of 15 trips per 100sqm is likely to be adequate with reference to the RMS Guide. Thus 10 trips per peak hour or 100 trips per day is expected to be a conservative (high) estimate.

The total increase in trip generation for this development is therefore expected to be in the order of 21 during each AM and PM peak hour and 205 trips per day. The site’s location on Hastings River Drive (a four lane arterial road) and proximity to the Oxley Highway means the local road network will cater for the proposed minor increase with no significant impacts.

Roads and Maritime Services (RMS)

RMS referral is not required at the DA stage as none of the provisions of Schedule 3 of the SEPP (Infrastructure) 2007 are triggered by the development.

Details of any works within the Hastings River Drive road reserve will need to be referred to the RMS under s139 of the Roads Act as it is a designated Regional Road (linking the Oxley Hwy in the west to the Port Macquarie town centre, east). Works are expected to be minor (not affecting traffic lanes).

Site Frontage & Access

Vehicle access to the site is proposed though one access driveway. AS 2890.1 clause 3.2.2 stipulates that a driveway for this type of development must be provided with 5.5m width for at least the first 6m into the site, given the arterial road and blind corner proposed at the entrance to the carpark. This will ensure that two cars may pass without one being forced to wait within the road reserve, potentially impeding traffic flows, which is a key concern as the site is so close to the major intersection of Oxley Highway and Hastings River Drive.

Consent conditions will require the Roads Act (s138) construction details to reflect this. Otherwise the proposed access can comply with Council AUSPEC and Australian Standards, subject to detailed design.

Parking and Manoeuvring

While there is adequate area for two parking spaces to be located outside the gated car park, one of these spaces is required to provide a dedicated turnaround area (no parking) to enable vehicles which enter the site to leave in a forwards-only direction if the gate is not opened (e.g. if they are visiting). Forwards-only exit is a requirement of AS 2890.1 and is particularly important for this site, given the high volume of traffic on Hastings River Drive and proximity to the intersection, increasing the risk of a collision if vehicles were required to reverse out of the site. A condition of consent has been recommended to this effect.

A dedicated turning bay is not required within the gated area as the carpark is not open to the public (as per AS 2890). Site plans show adequate area is available for the internal access aisles and parking bays to comply with AS 2890.1 and conditions have been imposed to reflect these requirements.

Water Supply Connection

Council records indicate that the existing development site has a 20mm metered water service from the 150mm AC water main on the same side of Gordon Street. 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. The dwellings and commercial premises must be individually metered for water.

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

Refer to relevant conditions of consent.

Sewer Connection

If the proposed car park extension will encompass the existing sewer manhole then the manhole lid and surround will have to be replaced with heavy duty components.

As the dwellings are to be Strata Titled, a private sewer system can be adopted, connected.

The hydraulic designer is to confer with Council sewer section prior to submitting sewer design plans.

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 westwards towards the street and a stormwater pit was recently constructed adjacent to the site as part of the Hastings River Drive upgrade by Council. The legal point of discharge for the proposed development is defined as a direct connection to Council’s stormwater network. 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 Construction Certificate.

In accordance with Councils AUSPEC requirements, on site stormwater detention facilities must also be incorporated into the stormwater drainage plan to ensure that post-development peak flows from the site will not exceed pre-development flows. There is ample room within the site beneath paved surfaces to accommodate storage volume. 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 Occupation Certificate approval for the separate domiciles.

Heritage

The adjoining property contains a heritage listed item. Following a site inspection Councils’ Heritage Advisor has made the following comments:

The design, whilst simple in overall planning adopts a complexity of form combining a number of materials and devices that detract from the potential simplicity and cohesiveness of the building.

A green wall is proposed over two levels on the Northern elevation facing the adjacent multi-unit dwelling. The southern elevation facing Elsinore is broken up by the central stairway and its louvred treatment and the flanking stairs on the east and west with similar external treatment.

External materials include glass shopfronts, Designer Series bricks, rendered brick, weatherboards, horizontal louvres and vertical louvres as well as a finish to the upper floor which is not stipulated by appears to be terracade or similar, but is nominated in the SOHI as dark timber. The elevations are very busy in this way with their composite finishes especially alongside the heritage building.

The large Black Bean tree is being lost as a result of the proposal.

The set back from the heritage item is sufficient. The overall form of the building is considered to be reasonably well modulated and articulated, however a level of complexity has been introduced which is considered to be unnecessary.

It is accepted that the use of weatherboard is referential, however there needs to be further consideration of consistency of finish to simplify the elevational treatment.

A colour palette and finishes is to be submitted to the PCA with the application for the Construction Certificate that incorporates a simplified finishes proposal.

The heritage item is isolated from other significant buildings and the precinct is a mix of 1960’s and 70s construction. The proposed development replaces a red brick dwelling and is considered to establish a future desired character for the area. A condition of consent is proposed to submit a colour and material palette in accordance with the recommendations from the Heritage advisor.

Other land resources

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

Water cycle

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

Soils

Air and microclimate

Flora and fauna

Waste

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

Energy

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

Noise and vibration

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

Dwellings will be conditioned to be design to address noise impacts from Hastings River Drive.

Bushfire

The site is not identified as being bushfire prone.

Safety, security and crime prevention

Social impacts in the locality

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

Economic impact in the locality

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

Site design and internal design

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

Construction

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

Cumulative Impacts

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

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

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

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

Two 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
Heritage Impact on adjoining heritage listed building and removal of significant Queensland Blackbean Tree	The site has been inspected by Council’s Heritage advisor who has indicated a general acceptance of the proposal. The tree is no longer within the curtilage of the heritage item and so is difficult to retain.
Proposal out of scale with heritage listed building	The proposal has been provided with reasonable setbacks to the heritage item with the driveway access located adjoin the building. The proposal is considered acceptable.
Overshadowing	Shadow diagrams have been submitted which indicate compliance with the required hours of solar access to the living areas. The building has been designed to allow reasonable solar access.
Traffic impact and insufficient parking	See comments above from Councils’ Traffic engineer. The applicant will be required to pay additional s94 contribution in lieu of the 9 space shortfall.
Insufficient bin storage	A private bin collection service will be required
Noise and vibration during construction	Standard conditions of consent will be applied to manage construction noise.
Noise and privacy due to increase in pedestrian activity	It is considered that the increase in activity will provide positive benefits to enhance the area and increase safety and security. It is not anticipated that the development will unduly create an unacceptable noise impact.
Deep soil zone	The site has proposed a number of areas suitable for planting of medium sized trees and the proposal complies with the required setbacks.
Privacy into adjoining communal areas	The development has been designed to consider privacy with provision of screens and walls to address immediate overlooking. The lower two levels have been provided with a natural screen and planting proposals. It is considered the upper levels will be higher and overlook the roof areas and the pool area is exposed to general overlooking by the multiple existing units.
Overdevelopment of the site	The application complies with the required Floor Space Ratio requirements of the site and addresses the future desired character of the precinct.

(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 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 parking, roads, open space, community cultural services, emergency services and administration buildings.

5. CONCLUSION

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

Attachments

1 View. DA2017 - 780.1 Plans.

2 View. DA2017 - 780.1 Recommended Conditions.

3 View. DA2017 - 780.1 Submission - McVeagh

4 View. DA2017 - 780.1 Submission - Vogel

AGENDA Development Assessment Panel 28/02/2018

Item: 09

Subject: DA2017 - 981.1 Ancillary Building (Shed) Lot 2 DP 244961, No 8 Azalea Avenue, Wauchope

Report Author: Warren Wisemantel

Applicant: A J Van Oirschot

Owner: A J Van Oirschot

Estimated Cost: $12,165

Parcel no: 863

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2017 – 981.1 for an ancillary building (shed) at Lot 2, DP 244961, No. 8 Azalea Avenue, Wauchope be determined by granting consent subject to the recommended conditions.

Executive Summary

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

Following exhibition of the application, 1 submission was received.

1. BACKGROUND

Existing sites features and Surrounding development

The site has an area of 717m².

The site is zoned R1 General Residential in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

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

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· The applicant proposes to erect a shed in the rear north east corner of the allotment.

Application Chronology

· 2 November 2017 – Application lodged

· 20 November 2017 – 4 December 2017 – Exhibition via neighbour notification

· 4 December 2017 – Objection received

· 6 December 2017 – Additional information letter sent to applicant requesting shed size be reduced

· 8 December 2017 – Property owner requested application be put on hold until such time he could address matters regarding size of shed

· 11 January 2018 – Received telephone call from objector’s daughter questioning what was going on with development. Advised that property owner requested application be put on hold until such time he could address matters regarding size of shed

· 9 February 2018 – Amended plans received reducing size of shed

· 9 February 2018 – Telephoned objectors daughter advising amended plans had been received reducing size of shed

· 12 February 2018 – Amended shed plans emailed to objectors requesting advice if they still object to proposal with shed being reduced in size

· 13 February 2018 – Email from objectors advising they still object to proposed shed

· 19 February 2018 – Telephone call received from objector requesting copy of plans attached to original neighbour notification (20/11/2017 to 4/12/2017) to compare difference in size of shed. Plans emailed to objector.

3. STATUTORY ASSESSMENT

Section 79C(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) any Environmental Planning Instrument:

State Environmental Planning Policy No. 44 - Koala Habitat Protection

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

State Environmental Planning Policy No.55 – Remediation of Land

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

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

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

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

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

Port Macquarie-Hastings Local Environmental Plan 2011

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

· Clause 2.2, the subject site is zoned R1 General Residential. In accordance with clause 2.3(1) and the R1 zone landuse table, the dwelling (or ancillary structure to a dwelling) is a permissible landuse with consent.

The objectives of the R1 zone are as follows:

o To provide for the housing needs of the community.

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

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

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

· Clause 4.3, the maximum overall height of the building above ground level (existing) is 3.778m which complies with the standard height limit of 8.5m applying to the site.

· Clause 5.9 - No listed trees in Development Control Plan 2013 are proposed to be removed. The above site photograph is not current as the trees in question are no longer onsite having been removed some time ago.

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

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

No draft instruments apply to the site.

(iii) any Development Control Plan in force:

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: Dwellings, Dual occupancies, Dwelling houses, Multi dwelling houses & Ancillary development*
	Requirements	Proposed	Complies
3.2.2.1	Ancillary development: • 4.8m max. height • Single storey • 60m2 max. area • 100m2 for lots >900m2 • 24 degree max. roof pitch • Not located in front setback	Proposed 77m2 storage shed with an overall height of 3.680m located in rear yard for the garaging of vehicles, motorbikes, tools and lawn mowers.	No, however the property owner has a number of vehicles, motorbikes, lawn mowers and tools which require storage. Due to an increase in theft in the area over recent months the property owner has requested council consider a shed of this size. The shed has been reduced in size from 96m2 and height of 3.778m down to 77m2 and overall height of 3.680m to accommodate the objectors concerns. The subject property has an overall area of 717m2. Shed size is considered acceptable and does not compromise objectives of DCP.
3.2.2.2	Articulation zone: • Min. 3m front setback • An entry feature or portico • A balcony, deck, patio, pergola, terrace or verandah • A window box treatment • A bay window or similar feature • An awning or other feature over a window • A sun shading feature	No elements within the articulation zone.	N/A
3.2.2.2	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 proposed shed is located in the rear yard of the subject lot.	N/A
3.2.2.3	Garage 5.5m min. and 1m behind front façade. Garage door recessed behind building line or eaves/overhangs provided	The proposed shed is located in the rear yard of the subject lot.	N/A
	6m max. width of garage door/s and 50% max. width of building	The proposed shed is located in the rear yard of the subject lot with one garage roller door having an opening of 4.000m.	N/A
	Driveway crossover 1/3 max. of site frontage and max. 5.0m width	Existing driveway in position	Yes
3.2.2.4	4m min. rear setback. Variation subject to site analysis and provision of private open space	The proposed shed is located in the rear yard of the subject lot with a 1.000m setback from the north and east boundary.	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 proposed shed is located in the rear yard of the subject lot with a 1.000m setback from the north and east boundary	Yes
3.2.2.6	35m2 min. private open space area including a useable 4x4m min. area which has 5% max. grade	Open space will not be effected on-site with the proposed shed.	Yes
3.2.2.7	Front fences: • If solid 1.2m max height and front setback 1.0m with landscaping • 3x3m min. splay for corner sites • Fences >1.2m to be 1.8m max. height for 50% or 6.0m max. length of street frontage with 25% openings • 0.9x0.9m splays adjoining driveway entrances	No fences proposed	N/A
3.2.2.8	Front fences and walls to have complimentary materials to context No chain wire, solid timber, masonry or solid steel front fences	N/A
3.2.2.10	Privacy: • Direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings. ie. 1.8m fence or privacy screening which has 25% max. openings and is permanently fixed • Privacy screen required if floor level > 1m height, window side/rear setback (other than bedroom) is less than 3m and sill height less than 1.5m • Privacy screens provided to balconies/verandahs etc which have <3m side/rear setback and floor level height >1m	The proposal does not give rise to any privacy impacts.	Yes

*DCP 2013: General Provisions*
	Requirements	Proposed	Complies
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline	No concealment or entrapment areas proposed. Adequate casual surveillance available.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	Cut and fill <1.0m change 1m outside the perimeter of the external building walls	Yes
2.3.3.2	1m max. height retaining walls along road frontage	None proposed	N/A
	Any retaining wall >1.0 in height to be certified by structure engineer	No retaining wall likely >1m	Yes
	Combination of retaining wall and front fence height max 1.8m, max length 6.0m or 30% of frontage, fence component 25% transparent, and splay at corners and adjacent to driveway	No retaining wall front fence combination proposed.	N/A
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater	Refer to main body of report.
2.5.3.11	Section 94 contributions	Refer to main body of report.

(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:

N/A

Demolition of buildings AS 2601:

N/A

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

None applicable

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

Context and setting

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

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

• There are no adverse impacts on existing view sharing.

• There are no adverse privacy impacts.

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

Access, transport and traffic

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

Water Supply

Service available.

Sewer

Service available.

Stormwater

Service available – Stormwater being connected to existing.

Other Utilities

Telecommunication and electricity services are available to the site.

Heritage

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

Other land resources

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

Water cycle

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

Soils

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

Waste

Satisfactory arrangements are in place for proposed storage and collection of waste and recyclables. No adverse impacts anticipated.

Noise and vibration

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

Bushfire

The site is not identified as being bushfire prone.

Safety, security and crime prevention

Social impacts in the locality

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

Economic impact in the locality

No adverse impacts. Likely positive impacts can be attributed to the construction of the development and associated flow on effects (ie 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.

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

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

Following exhibition in accordance with DCP 2013, one submission was received.

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

Submission Issue/Summary

Planning Comment/Response

Concerns raised regarding residential and rural views which have been enjoyed for the last 40 years being interrupted.

Concerns raised regarding size of shed in rear yard and the objectors living areas will be looking directly onto the site of the proposed shed.

The size of the shed gives the property a commercial feel affecting the objector’s property.

The objectors dwelling is elevated with a rear verandah and living areas located on the second storey. The subject shed is to be located on the lower side in the north west corner. The construction of this shed will not affect the residential and rural views in question as they will still be available over the top of the shed.

Proposed 77m2 storage shed with an overall height of 3.680m located in rear yard for the garaging of vehicles, motorbikes, tools and lawn mowers. The property owner has a number of vehicles, motorbikes, lawn mowers and tools which require storage. Due to an increase in theft in the area over recent months the property owner has requested Council consider a shed of this size. The shed has been reduced in size from 96m2 and height of 3.778m down to 77m2 and overall height of 3.680m to accommodate the objectors concerns. The subject property has an overall area of 717m2. The subject shed will be visible from the objectors property, however as previously stated both residential and rural views will still be available and the variation to the DCP is minor and will create no adverse impact.

The shed has been reduced in size from 96m2 and height of 3.778m down to 77m2 and overall height of 3.680m to accommodate the objectors concerns. The subject property has an overall area of 717m2. The shed has a colour scheme of ironstone for the roof and roller door and woodland grey for the walls. The carefully selected colour scheme allows the shed to compliment the natural surroundings and blend in with surrounding residential developments in the area which would somewhat detract from the commercial feel as suggested by the objector.

(e) The Public Interest:

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

Not applicable

5. CONCLUSION

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

Attachments

1 View. DA2017 - 981.1 Plans

2 View. DA2017 - 981.1 Recommended Conditions

3 View. DA2017 - 981.1 Submission - Sheringham 04122017

4 View. DA2017 - 981.1 Submission - Sheringham 13022017

Member	08/11/17	22/11/17	06/12/17	13/12/17	14/02/18
Paul Drake	P	P	P	P	P
Robert Hussey	P	P	P	P	P
David Crofts (alternate member)
Dan Croft (Acting Director Development & Environment) Clinton Tink (Acting GM Development Assessment (alternates) - Director Development & Environment - Development Assessment Planner	P	P P	P P	P P	P P

1.0 OBJECTIVES

2.0 KEY FUNCTIONS

Delegated Authority of Panel

3.0 MEMBERSHIP

3.2 Non-Voting Members

3.3 Obligations of members

3.4 Member Tenure

3.5 Appointment of members

4.0 TIMETABLE OF MEETINGS

5.0 MEETING PRACTICES

5.2 Decision Making

5.3 Quorum

5.4 Chairperson and Deputy Chairperson

5.5 Secretariat

5.6 Recording of decisions

6.0 CONVENING OF “OUTCOME SPECIFIC” WORKING GROUPS

7.0 CONFIDENTIALITY AND CONFLICT OF INTEREST

8.0 LOBBYING