Agenda of Development Assessment Panel

AGENDA Development Assessment Panel 14/03/2018

Item: 04

Subject: DISCLOSURES OF INTEREST

RECOMMENDATION

That Disclosures of Interest be presented

DISCLOSURE OF INTEREST DECLARATION

Name of Meeting: ………………………………………………………………………..

Meeting Date: ………………………………………………………………………..

Item Number: ………………………………………………………………………..

Subject: ………………………………………………………………………..

…………………………………………………….……………...…..

I, ..................................................................................... declare the following interest:

Pecuniary:

Take no part in the consideration and voting and be out of sight of the meeting.

Non-Pecuniary - Significant Interest:

Take no part in the consideration and voting and be out of sight of the meeting.

Non-Pecuniary - Less than Significant Interest:

May participate in consideration and voting.

For the reason that: ....................................................................................................

.......................................................................................................................................

Name: …………………………………………………….

Signed: ......................................................................... Date: ..................................

(Further explanation is provided on the next page)

Further Explanation

(Local Government Act and Code of Conduct)

A conflict of interest exists where a reasonable and informed person would perceive that a Council official could be influenced by a private interest when carrying out their public duty. Interests can be of two types: pecuniary or non-pecuniary.

All interests, whether pecuniary or non-pecuniary are required to be fully disclosed and in writing.

Pecuniary Interest

A pecuniary interest is an interest that a Council official has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the Council official. (section 442)

A Council official will also be taken to have a pecuniary interest in a matter if that Council official’s spouse or de facto partner or a relative of the Council official or a partner or employer of the Council official, or a company or other body of which the Council official, or a nominee, partner or employer of the Council official is a member, has a pecuniary interest in the matter. (section 443)

The Council official must not take part in the consideration or voting on the matter and leave and be out of sight of the meeting. The Council official must not be present at, or in sight of, the meeting of the Council at any time during which the matter is being considered or discussed, or at any time during which the council is voting on any question in relation to the matter. (section 451)

Non-Pecuniary

A non-pecuniary interest is an interest that is private or personal that the Council official has that does not amount to a pecuniary interest as defined in the Act.

Non-pecuniary interests commonly arise out of family, or personal relationships, or involvement in sporting, social or other cultural groups and associations and may include an interest of a financial nature.

The political views of a Councillor do not constitute a private interest.

The management of a non-pecuniary interest will depend on whether or not it is significant.

Non Pecuniary – Significant Interest

As a general rule, a non-pecuniary conflict of interest will be significant where a matter does not raise a pecuniary interest, but it involves:

(a) A relationship between a Council official and another person that is particularly close, for example, parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the Council official or of the Council official’s spouse, current or former spouse or partner, de facto or other person living in the same household.

(b) Other relationships that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship.

(c) An affiliation between a Council official an organisation, sporting body, club, corporation or association that is particularly strong.

If a Council official declares a non-pecuniary significant interest it must be managed in one of two ways:

1. Remove the source of the conflict, by relinquishing or divesting the interest that creates the conflict, or reallocating the conflicting duties to another Council official.

2. Have no involvement in the matter, by taking no part in the consideration or voting on the matter and leave and be out of sight of the meeting, as if the provisions in section 451(2) apply.

Non Pecuniary – Less than Significant Interest

If a Council official has declared a non-pecuniary less than significant interest and it does not require further action, they must provide an explanation of why they consider that the conflict does not require further action in the circumstances.

SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION

[insert full name of councillor]

In the matter of

[insert name of environmental planning instrument]

Which is to be considered at a meeting of the

[insert name of meeting]

Held on

[insert date of meeting]

PECUNIARY INTEREST

Address of land in which councillor or an associated person, company or body has a proprietary interest (the identified land)ⁱ

Relationship of identified land to councillor

[Tick or cross one box.]

 Councillor has interest in the land (e.g. is owner or has other interest arising out of a mortgage, lease trust, option or contract, or otherwise).

 Associated person of councillor has interest in the land.

 Associated company or body of councillor has interest in the land.

MATTER GIVING RISE TO PECUNIARY INTEREST

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject landⁱⁱⁱ

[Tick or cross one box]

 The identified land.

 Land that adjoins or is adjacent to or is in proximity to the identified land.

Current zone/planning control

[Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]

Proposed change of zone/planning control

[Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]

Effect of proposed change of zone/planning control on councillor

[Tick or cross one box]

 Appreciable financial gain.

 Appreciable financial loss.

Councillor’s Name: …………………………………………

Councillor’s Signature: ………………………………. Date: ………………..

Important Information

This information is being collected for the purpose of making a special disclosure of pecuniary interests under sections 451 (4) and (5) of the Local Government Act 1993. You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints made about contraventions of these requirements may be referred by the Director-General to the Local Government Pecuniary Interest and Disciplinary Tribunal.

This form must be completed by you before the commencement of the council or council committee meeting in respect of which the special disclosure is being made. The completed form must be tabled at the meeting. Everyone is entitled to inspect it. The special disclosure must be recorded in the minutes of the meeting.

i. Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative^iv or because your business partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

ii. Section 442 of the Local Government Act 1993 provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or person liable to pay a charge).

iii. A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest..

iv. Relative is defined by the Local Government Act 1993 as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.

AGENDA Development Assessment Panel 14/03/2018

Item: 05

Subject: DA2017 - 1141.1 Dwelling - Lot 271 DP 1234160 No. 64A The Anchorage, Port Macquarie

Report Author: Stephen Ryan

Applicant: Coast Building Company Pty Ltd

Owner: J D & S A Newton

Estimated Cost: $747,774

Parcel no: 66915

Alignment with Delivery Program

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

RECOMMENDATION

That DA2017 – 1141.1 for a dwelling at Lot 271, DP1234160, No. 64A The Anchorage, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

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

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

1. BACKGROUND

Existing sites features and surrounding development

The site has an area of 663.7m².

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

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

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· New two storey dwelling with attached garage.

· Submission received.

Refer to attachments at the end of this report.

Application Chronology

· 19 December 2017 - Application lodged.

· 12 January 2018 - 25 January 2018 - Exhibition via neighbour notification.

· 25 January 2018 - Submission received.

· 21 February 2018 - Revised plans received relating to glazing changes.

· 27 February 2018 - Email sent to applicant advising of submission.

· 27 February 2018 - Response from applicant.

· 27 February 2018 - Email sent to objector outlining applicant’s response.

3. STATUTORY ASSESSMENT

Section 79C(1) Matters for Consideration

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

(a) The provisions (where applicable) of:

(i) any Environmental Planning Instrument:

State Environmental Planning Policy No. 44 - Koala Habitat Protection

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

State Environmental Planning Policy No.55 – Remediation of Land

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

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

The site is located within a coastal zone as defined in accordance with clause 4 of SEPP 71.

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

Having regard to clauses 8 and 12 to 16 of SEPP 71 and clause 5.5 of Hastings LEP 2011 inclusive the proposed development will not result in any of the following:

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

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

c) any identifiable adverse impacts on any known flora and fauna (or their natural environment);

d) subject to any identifiable adverse coastal processes or hazards;

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

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

g) reduce the quality of the natural water bodies in the locality.

The site is located within an area zoned and already built out for residential purposes.

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

A BASIX certificate (number 891679S) has been submitted demonstrating that the proposal will comply with the requirements of the SEPP. It is recommended that a condition be imposed to ensure that the commitments are incorporated into the development and certified at Occupation Certificate stage.

Port Macquarie-Hastings Local Environmental Plan 2011

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

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

The objectives of the R1 zone are as follows:

o To provide for the housing needs of the community.

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

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

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

· Clause 4.3, the maximum overall height of the building above ground level (existing) is 7.95m, 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 0.52:1.0, which complies with the maximum 0.65.0:1 floor space ratio applying to the site.

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

· Clause 7.1, the site is mapped as potentially containing class 3 acid sulphate soils. The proposed development includes excavation for footings & slab, however no excavation extending 1m below the natural surface level is proposed. Therefore, no adverse impacts are expected to occur to the acid sulphate soils found on site.

· 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 Flood Policy (2015); the NSW Government’s Flood Prone Lands Policy and the NSW Government’s Floodplain Development Manual (2005):

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

o 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;

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

o 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;

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

Based on the above, the proposal is considered to comply with Clause 7.3.

· 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 relevant to the proposal.

(iii) Any Development Control Plan in force:

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: Dwellings, Dual occupancies, Dwelling houses, Multi dwelling houses & Ancillary development*
	Requirements	Proposed	Complies
3.2.2.1	Ancillary development: • 4.8m max. height • Single storey • 60m2 max. area • 24 degree max. roof pitch • Not located in front setback	Pool not part of this application.	N/A
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	A 3.22m setback is proposed to the front entry portico.	Yes
	Front setback (Residential not R5 zone): • Min. 4.5m local road or within 20% of adjoining dwelling if on corner lot	4.5m to garage and over 4.5m to remainder of the front building line.	Yes
3.2.2.3	Garage 5.5m min. and 1m behind front façade. Garage door recessed behind building line or eaves/overhangs provided	4.5m setback at the minimum (due to angle of the front boundary) but extending to over 5.5m.	No – refer to comments at the end of this table.
	Driveway crossover 1/3 max. of site frontage and max. 5.0m width	The driveway complies with the 5.0m requirement but occupies more than 1/3 site frontage.	No – refer to comments at the end of this table.
3.2.2.4	4m min. rear setback. Variation subject to site analysis and provision of private open space	>4m setback available	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	0.2m garage & 0.9m & 1.5m dwelling. 1.5m first floor level. Maximum wall length of 15.12m & 14.280m.	No – refer to comments at the end of this table.
3.2.2.6	35m² min. private open space area including a useable 4x4m min. area which has 5% max. grade	Available at rear	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 1. 2. 3. 4. • Privacy screens provided to balconies/verandahs etc which have <3m side/rear setback and floor level height >1m	Windows and living areas on ground level either face a public pathway or would be screened via standard 1.8m high fencing. Upper level windows consist of bedrooms ensuite, laundry & rumpus room. In this case, screening is not required to the first floor rumpus, which has a sill height 1.5m. Upper level rear deck open only on north facing side. No adjoining property to north only public pathway. Privacy screen not applicable.	Yes

*DCP 2013: General Provisions*
	Requirements	Proposed	Complies
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline	No adverse concealment or entrapment areas. Site boundary suitably defined. Adequate casual surveillance available.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls		Yes
2.5.3.2	New accesses not permitted from arterial or distributor roads	No new access from arterial or distributor roads	Yes
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking	Single driveway crossover	Yes
2.5.3.3	Parking in accordance with Table 2.5.1. 1 space per single dwelling	Double garage proposed.	Yes
2.5.3.11	Section 94 contributions	Credit exists from lot.	N/A
2.5.3.14	Sealed driveway surfaces unless justified	Sealed driveway proposed.	Yes
2.5.3.15 and 2.5.3.16	Driveway grades first 6m or ‘parking area’ shall be 5% grade with transitions of 2m length	Achieves grades.	Yes
2.5.3.17	Parking areas to be designed to avoid concentrations of water runoff on the surface	Stormwater capable of being managed onsite.	Yes
2.5.3.17	Vehicle washing facilities – grassed area etc available.	Suitable area exists at the front of the property.	Yes

The proposal seeks to vary Development Provision 3.2.2.3

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 variations are considered acceptable for the following reasons:

· The proposal incorporates a garage built 4.5m extending to over 5.5m from the street boundary.

· The variation is considered to be consistent with other dwellings in the street and necessitated by the narrow nature of the lot.

· The front entry portico within the articulation zone and two storey design aims to minimise the visual dominance of the garage on the streetscape.

· The driveway still contains suitable area for parking a vehicle off street.

· The lot width at the front boundary is only 10.61m, which makes compliance with the standard difficult.

The proposal seeks to vary Development Provision 3.2.2.5

The relevant objectives are:

· To reduce overbearing and perceptions of building bulk on adjoining properties and to maintain privacy.

· To provide for visual and acoustic privacy between dwellings.

Having regard for the development provisions and relevant objectives, the variations are considered acceptable for the following reasons:

· The garage adjoining the boundary is single storey in height and for a length of 8.870m. It will not present as excessive in terms of building bulk to the adjoining property.

· Zero lot lines for garages are a feature of development in this locality. The proposal remains consistent with such an approach.

· The variations do not create any visual or acoustic privacy issues.

· The provision requires first floors to be setback a minimum of 3m. The setback may be reduced down to 900mm where it can be demonstrated that the adjoining property primary living areas and primary private open space areas should not be adversely overshadowed for more than 3hrs between 9am-3pm on 21 June. Overall, the development will not adversely overshadowing living areas on adjoining properties.

· The variation is considered consistent with the side boundary setbacks of the surrounding dwellings.

· Private open space is retained at the rear of the lots which will receive adequate solar access as demonstrated by the shadow diagrams provided.

· The unarticulated wall lengths are only minor variations from the control and will not result in perceptions of excessive building bulk from adjoining properties.

· The bulk and scale of the development is consistent with development in the locality.

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

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

iv) any matters prescribed by the Regulations:

New South Wales Coastal Policy:

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

Demolition of buildings AS 2601:

N/A

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

N/A

(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 property is located at the end of a small cul de sac head that comes off The Anchorage. The overall area consists of a canal estate development comprising predominately two storey dwellings of similar bulk and scale.

Solar access

The proposal will be unlikely to have any adverse impacts in regard to solar access. Availability in regard to solar access is considered to be consistent with other dwellings in the locality.

Public domain

The proposal will be unlikely to have any adverse impacts to existing adjoining properties and satisfactorily addresses the public domain. The proposal is also considered to be consistent with other residential development in the locality and adequately addresses planning controls for the area.

View sharing

There are no adverse impacts on existing view sharing.

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.

Other Utilities

Telecommunication and electricity services are available to the site.

Heritage

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

Other land resources

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

Water cycle

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

Soils

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

Air and microclimate

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

Flora and fauna

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

Waste

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

Energy

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

Noise and vibration

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

Bushfire

The site is not identified as being bushfire prone.

Safety, security and crime prevention

The proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area.

Social impacts in the locality

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

Economic impact in the locality

No adverse impacts. Likely positive impacts can be attributed to the construction of the development and associated flow on effects (i.e. maintained expenditure in the area).

Site design and internal design

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

Construction

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

Cumulative impacts

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

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

The proposal will fit into the locality & the site attributes are conductive to the proposed development.

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

1 (one) written submission was received following public exhibition of the application.

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

Submission Issue/Summary	Planning Comment/Response
The use of colorbond steel on the roof & wall cladding is inconsistent with the adjoining rendered & timber clad dwellings.	The use of colorbond material for roofing & cladding is not out of character with the varied designs and colour schemes of dwellings within the locality. Furthermore, changes to cladding and colour schemes can be done as exempt development, limiting Councils involvement in such an issue.
Colorbond steel may be inconsistent with the restrictions under the 88B.	The development is consistent with the relevant 88B instrument applying to the site. It should also be noted that Council does not enforce any private restrictions placed on an 88B instrument by the developer.
Colorbond steel may not comply with the North Harbour subdivision building control memorandum.	The development is consistent with the relevant Memorandums that Council is a party too. It should also be noted that Council does not enforce any private Memorandums established by the developer.
Roof covering & external cladding should not cause glare.	Council controls do not specify colour or glare requirements. In particular, changes to the colour of a building can be done as exempt development. Nonetheless, the applicant has indicated that the colorbond colour ‘Surfmist Matt’ was chosen due to its anti-glare properties.

Submission Issue/Summary

Planning Comment/Response

The use of colorbond steel on the roof & wall cladding is inconsistent with the adjoining rendered & timber clad dwellings.

The use of colorbond material for roofing & cladding is not out of character with the varied designs and colour schemes of dwellings within the locality. Furthermore, changes to cladding and colour schemes can be done as exempt development, limiting Councils involvement in such an issue.

Colorbond steel may be inconsistent with the restrictions under the 88B.

The development is consistent with the relevant 88B instrument applying to the site. It should also be noted that Council does not enforce any private restrictions placed on an 88B instrument by the developer.

Colorbond steel may not comply with the North Harbour subdivision building control memorandum.

The development is consistent with the relevant Memorandums that Council is a party too. It should also be noted that Council does not enforce any private Memorandums established by the developer.

Roof covering & external cladding should not cause glare.

Council controls do not specify colour or glare requirements. In particular, changes to the colour of a building can be done as exempt development. Nonetheless, the applicant has indicated that the colorbond colour ‘Surfmist Matt’ was chosen due to its anti-glare properties.

(e) The Public Interest:

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

Not applicable.

5. CONCLUSION

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

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

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

Attachments

1 View. DA2017 - 1141.1 Plans

2 View. DA2017 - 1141.1 Recommended Conditions

3 View. DA2017 - 1141.1 Submission - Jeffrey

AGENDA Development Assessment Panel 14/03/2018

Item: 06

Subject: DA2017 - 1065.1 Alterations To Caravan Park, Lot 2 DP 1233513, Munster Street, Port Macquarie

Report Author: Chris Gardiner

Applicant: Love Project Management

Owner: NSW Trade & Investment – Crown Lands

Estimated Cost: $15,000

Parcel no: 66972

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2017 – 1065.1 for Alterations to Caravan Park at Lot 2, DP 1233513, Munster Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for alterations to a caravan park 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, 3 submissions have been received.

1. BACKGROUND

Existing sites features and surrounding development

The site has an area of 8.195 hectares.

The site is zoned RE1 Public Recreation in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

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

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· Demolition of existing structures;

· Change to the number and configuration of sites from 2 long term sites, 363 short term sites and 100 camp sites to zero long term sites, 330 short term sites and 100 campsites (overall reduction of 35 sites).

Refer to attachments at the end of this report.

Application Chronology

· 27 November 2017 – Application lodged.

· 12 December 2017 to 12 January 2018 – Neighbour notification.

· 12 December 2017 – Additional information requested by Council staff.

· 17 December 2017 – Additional information provided by Applicant.

· 17 January 2018 – Further additional information requested by Council staff.

· 25 January 2018 and 1 March 2018 – Further additional information submitted by Applicant.

3. STATUTORY ASSESSMENT

Section 79C(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) any Environmental Planning Instrument:

State Environmental Planning Policy No. 21 - Caravan Parks

8 Development consent required for caravan parks

(1) Development for the purposes of a caravan park may be carried out only with the development consent of the Council.

(2) Before granting development consent to the use of land for the purposes of a caravan park, a Council must determine:

(a) the number of sites (if any) within that land that the Council considers are suitable for long-term residence, within the meaning of the Local Government (Caravan Parks and Camping Grounds) Transitional Regulation 1993, and

(b) the number of sites (if any) within that land that the Council considers are not suitable for long-term residence, but are suitable for short-term residence, within the meaning of that Regulation.

(3) A Council must not grant development consent to the use of land for the purposes of a caravan park unless it imposes as a condition of that consent a condition specifying the maximum number of sites (if any) within that land that may be used for long-term residence.

(4) The holder of an approval under Part 1 of Chapter 7 of the Local Government Act 1993 to operate a caravan park or camping ground on land must not, without the development consent of the Council, allow a person to occupy a site within that land:

(a) for a continuous period of more than 3 months, except as provided by paragraph (b), or

(b) for a continuous period longer than the period (if any) for which the person is allowed to be accommodated within the land by an extension that has been granted under clause 19 (6) of the Local Government (Caravan Parks and Camping Grounds) Transitional Regulation 1993, if such a use of that site was not lawful under the Environmental Planning and Assessment Act 1979 when this Policy commenced.

(4A) Except as provided by subclause (4), nothing in this Policy or any other environmental planning instrument requires separate development consent to be obtained for the installation or placement of a moveable dwelling on land on which development for the purposes of a caravan park is being lawfully carried out.

(5) This clause does not apply to any land that is authorised to be used for the purposes of a manufactured home estate by a development consent granted pursuant to State Environmental Planning Policy No 36—Manufactured Home Estates or dedicated or reserved under the National Parks and Wildlife Act 1974.

The proposal does not seek consent for any long-term sites.

10 Matters to be considered by Councils

A Council may grant a development consent required by this Policy only after it has considered the following:

(a) whether, because of its location or character, the land concerned is particularly suitable for use as a caravan park for tourists or for long-term residence,

Comment: The land concerned is already used as a caravan park for tourists and for long-term residence.

(b) whether there is adequate provision for tourist accommodation in the locality of that land, and whether existing or potential tourist accommodation will be displaced by the use of sites for long-term residence,

Comment: The site is located near the Town Beach and Town Centre precincts, where there is a substantial amount of tourist accommodation. The proposal does not include any long-term sites.

(c) whether there is adequate low-cost housing, or land available for low-cost housing, in that locality,

Comment: The proposal would retain existing short-term, low-cost housing opportunities at the site.

(d) whether necessary community facilities and services are available within the caravan park to which the development application relates or in the locality (or both), and whether those facilities and services are reasonably accessible to the occupants of the caravan park,

Comment: The development would not result in any reduction in the community facilities within the caravan park. The site is within walking distance of the Port Macquarie Town Centre, which has a range of facilities and services for residents/tourists.

(e) any relevant guidelines issued by the Director, and

Comment: No relevant guidelines have been issued.

(f) the provisions of the Local Government (Caravan Parks and Camping Grounds) Transitional Regulation 1993.

Comment: The below table considers the applicable provisions of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

CLAUSE	REQUIREMENT	COMMENT/COMPLIANCE
Part 3, Division 1 Operation of caravan parks and camping grounds
71 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) Yes - refer to comments on Division 3 (2) Site is flood prone. See comments under clauses 7.3 and 7.4 of LEP.
72 Matters to be specified in approval	Any approval must specify the number, size and location of the dwelling and camping sites.	Section 68 approval to operate will need to specify these matters.
73 Conditions of approval	The consent must be conditioned to ensure the design, construction, maintenance and operation of the estate is in accordance with Division 3.	Section 68 approval to operate will need to specify these matters.
Part 3, Division 3 Caravan parks and camping grounds
83 Minimum size of caravan park or camping ground	Estate must have an area of not less than 1 hectare.	Complies - site has an area of 8.195 hectares.
84 Community amenities	Minimum 10% of site area to be reserved for recreation and other communal activities	Complies - more than 10% of site area available for recreation and communal activities.
85 Size of dwelling sites and camp sites	(1) A long-term site must have an area of at least 80 square metres. (2) A short-term site must have an area of at least 65 square metres. (3) A camp site must have an area of at least: (a) 40 square metres, in the case of a camp site for which a separate parking space is provided within 30 metres of the camp site, or (b) 50 square metres, in any other case.	Capable of complying. The proposal includes 330 short-term sites within the same area that has previously been approved for 2 long-term sites and 363 short-term sites. The overall area of the individual sites would therefore be expected to increase. Details of compliant site sizes will need to be submitted with the Section 68 application. The proposal does not include any changes to the existing 100 camp sites.
86 Site identification	Dwelling sites to be identified and site boundaries delineated.	Capable of complying. Would need to be in place prior to Section 68 approval to operate.
87 Dwelling sites to have road frontage	A dwelling site must have vehicular access to an access road.	All dwelling sites have existing vehicular access to an access road.
88 Setbacks of community buildings	(1) A community building must not be located closer than 10 metres to the boundary of a caravan park or camping ground, or to the boundary of a dwelling site or camp site, unless the approval for the caravan park or camping ground so allows. (2) The approval for a caravan park or camping ground must not allow a lesser distance than 10 metres unless the council is satisfied that the community building has been or will be properly screened, fenced, enclosed or otherwise treated. (3) A community building must not in any case be located closer than 3 metres to the boundary of a caravan park or camping ground or 5 metres to the boundary of a dwelling site or camp site.	N/A. No new community buildings proposed or required.
89 Setbacks of dwelling sites and camp sites from road frontages	(1) A dwelling site or camp site must not be located closer than 10 metres to a public road or 3 metres to any other boundary of the caravan park or camping ground unless the approval for the caravan park or camping ground so allows. (2) The approval for a caravan park or camping ground must not allow a lesser distance unless the council is satisfied that the dwelling site or camp site has been or will be properly screened, fenced, enclosed or otherwise treated.	Proposed reconfigured sites comply with road and boundary setback requirements.
90 Use of buffer zones	Nothing in this Regulation prevents land within a buffer zone arising from the setbacks required by this Division from being used: (a) for community amenities, access roads, car parking spaces, footpaths or landscaping, or (b) for any similar purpose allowed by the approval for the caravan park or camping ground.	N/A
91 Separation distances	(1) A moveable dwelling must not be installed closer to any other moveable dwelling than: (a) 3 metres, if it is situated on a long-term site, or (b) 2.5 metres, if it is situated on a short-term site or camp site. (2) This clause does not prohibit the installation of semi-detached relocatable homes on adjoining dwelling sites so long as they are separated by construction conforming to the fire safety and sound insulation provisions relating to class 1 buildings contained in Section 3.7.1 and 3.8.6 of Volume Two of the Building Code of Australia.	Capable of complying.
92 Entrance and exit roads	(1) A road that forms an entrance to or exit from a caravan park or camping ground must be at least 7 metres wide. (2) In the case of a divided road, the width of the sealed portion of the road on either side of the median strip must be at least 5 metres. (3) The arrangement for the width of an entrance or exit road to taper into or meet the width of the sealed portion of the access roads leading to the entrance or exit must be as specified in the approval for the caravan park or camping ground.	Site has existing approved entrance and exit roads.
93 Forecourt	A caravan park must have a forecourt, measuring at least 4 metres by 20 metres, to accommodate incoming vehicles.	Existing forecourt.
94 Width of roads	(1) The width of an access road must be: (a) at least 6 metres for a two-way access road, and (b) at least 4 metres for a one-way access road. (2) The direction of travel for a one-way access road must be indicated by means of conspicuous signs.	Existing approved internal road network.
95 Speed limits	The speed limit applicable to an access road: (a) must not exceed 15 kilometres per hour, and (b) must be indicated by means of conspicuous signs.	Existing speed limit within the caravan park.
96 Resident parking	(1) A caravan park or camping ground must contain at least one resident parking space for each dwelling site or camp site. (2) The parking space for a dwelling site or camp site may be on-site (that is, forming part of the site) or off-site (that is, not forming part of the site). (3) An off-site space must be marked (for example, by means of line marking, marker pegs or similar means) to identify the particular dwelling site or camp site to which it relates. (4) An off-site parking space for a dwelling site or camp site must be situated in the location specified in the approval for the caravan park or camping ground. (5) Each off-site parking space is to have, at minimum, dimensions of: (a) 5.4 metres by 2.5 metres, in the case of angle parking, and (b) 6.1 metres by 2.5 metres, in any other case.	The proposed new studio sites (1A – 8A and 1B – 3B) have one parking space per dwelling site. Spaces 5A – 8A are located off the sites and will need to be marked and allocated accordingly. Existing reconfigured short-term and camp sites would retain one parking space on each site. Parking spaces are capable of complying with the minimum dimensions.
97 Visitor parking	(1) A caravan park or camping ground must contain no fewer visitor parking spaces than the following: (a) one visitor parking space for each 10 (and any remaining fraction of 10) long-term sites in the caravan park or camping ground, (b) one visitor parking space for each 20 (and any remaining fraction of 20) short-term sites in the caravan park or camping ground, (c) one visitor parking space for each 40 (and any remaining fraction of 40) camp sites in the caravan park or camping ground. (2) The minimum number of visitor parking spaces to be provided is 4.	The proposed development would result in an overall reduction of 2 long-term sites and 33 short-term sites and would reduce the existing demand for visitor parking.
98 Visitor parking for people with disabilities	(1) A caravan park or camping ground must contain at least one visitor parking space for people with disabilities. (2) A caravan park or camping ground that contains more than 100 sites must contain at least one visitor parking space for people with disabilities for each 100 sites or fraction of 100 sites. (3) Such parking is to be provided in accordance with AS/NZS 2890.1:2004 Parking facilities—Off street parking. (4) Visitor parking spaces for people with disabilities must be clearly identified as such. (5) Visitor parking spaces provided under this clause may be counted for the purposes of clause 97.	The proposed development would result in an overall reduction of 2 long-term sites and 33 short-term sites and would reduce the existing demand for visitor parking. A parking space for people with disabilities is proposed for site 1B, which will be an accessible unit.
99 Road surfaces	All access roads, including all passing and parking bays, must have an all-weather sealed or other surface finish specified in the approval for the caravan park or camping ground, and must be adapted to the topography to allow for adequate drainage and to eliminate excessive grades.	Conditions recommended requiring sealed surface for new parking areas.
100 Lighting	All access roads must be adequately lit between sunset and sunrise.	Existing lighting of roadways. No changes proposed.
101 Water supply	(1) A caravan park or camping ground: (a) must be connected to a mains water supply, or (b) must be provided with an alternative water supply service as specified in the approval for the caravan park or camping ground. (2) A dwelling site must be connected to the water supply service for the caravan park or camping ground. (5) The water supply service must comply with: (a) the Plumbing and Drainage Act 2011 and any regulations under that Act, and (b) the requirements of any relevant statutory body.	Connection to water service will be required for each proposed site. Condition recommended requiring connection prior to the issue of a Section 68 approval to operate.
102 Sewerage	(1) A caravan park or camping ground: (a) must be connected to a main sewer, or (b) must be provided with an alternative sewage disposal system as specified in the approval for the caravan park or camping ground. (2) A long-term site must be provided with a connection to the sewage disposal system for the caravan park or camping ground. (3) A caravan park or camping ground that includes any short-term sites or camp sites must be provided with at least one common soil waste dump point for the disposal of closet waste from caravan holding tanks and the like. The common soil waste dump point must be located so as to permit adequate access by caravans and campervans. (4) A short-term site must be provided with a disposal point, as specified in the approval, for the disposal of sullage (that is, domestic waste from baths, basins, showers, laundries and kitchens, including floor wastes from those sources) from any moveable dwelling installed on the site. More than one short-term site may be provided with the same disposal point. (5) The sewage disposal system must comply with: (a) the Plumbing and Drainage Act 2011 and any regulations under that Act, and (b) the requirements of any relevant statutory body.	Connection to sewer will be required for each site. Condition recommended requiring connection prior to the issue of a Section 68 approval to operate.
103 Drainage	(1) A caravan park or camping ground must be provided with a stormwater drainage system. (2) All dwelling sites and camp sites must be adequately drained.	See comments later in this report under Stormwater.
104 Electricity Supply	(1) A dwelling site must be supplied with electricity from a reticulated electricity service. (2) In the case of a long-term site, the electricity must be supplied by means of an electrical circuit connected to a separate electricity meter.	Electricity supply will need to be provided prior to the Section 68 approval to operate.
105 Common trenches	A common trench may be used for the installation of services in accordance with guidelines set out in AMCORD.	Noted.
106 Modification of calculations	In calculating the facilities to be provided in accordance with this Subdivision: (a) 2 camp sites are taken to be the equivalent of one dwelling site, and (b) dwelling sites reserved for use by self-contained moveable dwellings, and dwelling sites provided with ensuite facilities, are to be disregarded.	Noted. See calculations below under clauses 107-109.
107 Number of showers and toilets to be provided.	Facilities to be provided in accordance with table.	N/A. The number of dwelling sites would not be increased by the proposal.
108 Facilities for people with disabilities	Minimum one facility required. Can be disregarded if all sites proposed to be designated for self-contained moveable dwellings.	The proposal would not increase the number of dwelling and camping sites.
109 Other facilities	(1) All showers and handbasins required by this Subdivision must be supplied with hot and cold running water. (2) A mirror must be provided: (a) for each handbasin provided, or (b) if 2 or more handbasins are provided together, for each pair of handbasins. (3) Means for sanitary napkin disposal must be provided in each communal facility that contains water closets for female use and, in a facility containing 10 or more water closets, must be provided at the rate of one for each 10 (or remaining fraction of 10) water closets.	N/A
110 Construction of shower blocks and toilet blocks	(1) Except as otherwise provided by the approval for the caravan park or camping ground, the shower and toilet facilities provided for a caravan park or camping ground must be housed in a shower block or toilet block: (a) that is constructed of brick or concrete masonry block, and (b) that has a non-slip floor of tile or other impervious material adequately drained to outlets, and (c) that has smooth, hard, durable and water-resistant interior finishes, and (d) that has shower recesses with tile or other impervious finishes to a height of at least 1.8 metres, and (e) that has tile or other impervious skirtings around water closet cubicle walls, and (f) that has tile or other impervious finish around wash basins, and (g) that has adequate lighting (both inside and outside) and adequate ventilation at all times, and (h) that has all its walls, ceilings and floors, fixtures, fittings and appliances maintained in a clean and sanitary condition at all times. (2) Subject to clause 108 (2) and (3), if male and female shower or toilet facilities are located in the same building, that building must be divided for separate use by each sex. (3) Water closets must be provided in individual cubicles having a minimum floor area of 1.1 square metres and a minimum width of 0.8 metre.	N/A
111 Proximity of dwelling sites to shower blocks and toilet blocks	(1) A long-term site must not be situated more than 75 metres (measured in a straight line) from a shower block or toilet block. (2) A short-term site or camp site must not be situated more than 100 metres (measured in a straight line) from a shower block or toilet block. (3) This clause does not apply in respect of dwelling sites reserved for use by self-contained moveable dwellings and dwelling sites provided with ensuite facilities.	New/reconfigured short-term sites are located within 100m of the existing amenity buildings.
113 Washing Machines	(1) A caravan park or camping ground must be provided with: (a) at least one washing machine for each 25 (and any remaining fraction of 25 greater than 12) long-term sites, and (b) at least one washing machine for each 30 (and any remaining fraction of 30 greater than 15) short-term sites. (2) The minimum number of washing machines to be provided is 2.	Proposal would not increase the number of washing machines required as there is a reduction in the overall number of sites.
114 Laundry Tubs	(1) A caravan park or camping ground must be provided with: (a) at least one laundry tub for each 50 (and any remaining fraction of 50) long-term sites, and (b) at least one laundry tub for each 60 (and any remaining fraction of 60) short-term sites. (2) The minimum number of laundry tubs to be provided is one.	Proposal would not increase the number of laundry tubs required as there is a reduction in the overall number of sites.
115 Clothes dryers	(1) A caravan park or camping ground must be provided with: (a) at least one mechanical clothes dryer for each 60 (and any remaining fraction of 60 greater than 30) long-term sites, and (b) at least one mechanical clothes dryer for each 80 (and any remaining fraction of 80 greater than 40) short-term sites. (2) The minimum number of mechanical clothes dryers to be provided is one.	Proposal would not increase the number of mechanical clothes dryers required as there is a reduction in the overall number of sites.
116 Drying area	(1) A caravan park or camping ground must be provided with clothes line space at the rate of 2 metres of line for each dwelling site. (2) The minimum length of clothes line space to be provided is 50 metres.	No increase in number of dwelling sites proposed. Additional clothes line space not required.
117 Water supply	Washing machines and laundry tubs required by this Subdivision must be supplied with both hot and cold water.	Noted. This would need to be confirmed prior to the issue of a Section 68 approval to operate.
118 Ironing facilities	A caravan park or camping ground must be provided with ironing boards, electric irons and power points available for connection to electric irons at the rate of one for every 60 (or remaining fraction of 60) short-term sites.	None required. No short-term sites proposed.
119 Construction of laundry blocks	Except as otherwise provided by the approval for the caravan park or camping ground, the laundry facilities provided for a caravan park or camping ground must be housed in a laundry block: (a) that is constructed of brick or concrete masonry block, and (b) that has a non-slip floor of tile or other impervious material adequately drained to outlets, and (c) that has smooth, hard, durable and water-resistant interior finishes, and (d) that has adequate lighting (both inside and outside) and adequate ventilation at all times, and (e) that has all its walls, ceilings and floors, fixtures, fittings and appliances maintained in a clean and sanitary condition at all times.	N/A. Existing building.
120 Maintenance	The laundry facilities required by this Subdivision that are housed in a laundry block must be maintained in a serviceable and safe condition.	Noted. This will be a requirement of the Section 68 approval to operate.
127 Garbage removal	Arrangements specified in the approval for the caravan park or camping ground must be instituted and maintained for the removal of garbage and for the maintenance of garbage receptacles in a clean and sanitary condition.	No changes proposed to existing waste management for the premises.
128 Fire hydrants	(1) No part of a dwelling site, camp site or community building within a caravan park or camping ground may be situated more than 90 metres from a fire hydrant. (2) Any fire hydrant located within a caravan park or camping ground must: (a) be a double-headed pillar-type fire hydrant, and (b) be maintained to the standard specified in the approval for the caravan park or camping ground.	No changes to existing hydrant coverage of the sites.
129 Fire hose reels	(1) Fire hose reels must be installed so that each dwelling site or camp site in the caravan park or camping ground can be reached by a fire hose. (2) The fire hose reels must be constructed in accordance with AS/NZS 1221:1997, Fire hose reels and installed in accordance with AS 2441—1988, Installation of fire hose reels, as in force on 1 September 2005.	Submitted plans show fire hose reels.
130 Car washing bay	A caravan park must be provided with an area for use for washing vehicles.	No change to existing arrangements.

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.

Schedule 2 Koala feed trees do not make up more than 15% of the canopy or understorey vegetation on the site and it therefore doesn’t constitute potential koala habitat. No further consideration of the SEPP is required.

State Environmental Planning Policy No. 55 – Remediation of Land

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

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

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

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

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

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

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

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

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

c) any adverse impacts on flora and fauna;

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

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

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

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

h) adverse cumulative impacts on the environment;

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

j) development relying on flexible zone provisions.

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

Port Macquarie-Hastings Local Environmental Plan 2011

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

· Clause 2.2, the subject site is zoned RE1 Public Recreation. In accordance with clause 2.3(1) and the RE1 zone landuse table, the proposed development for a caravan park is a permissible landuse with consent.

The objectives of the RE1 zone are as follows:

o To enable land to be used for public open space or recreational purposes.

o To provide a range of recreational settings and activities and compatible land uses.

o To protect and enhance the natural environment for recreational purposes.

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

o The proposal is a permissible landuse;

o The development would retain a use that is compatible with recreational activities.

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

· Clause 5.5 - Development within the coastal zone - relevant objectives of this clause are addressed by SEPP 71 section (see above). Climate Change & Coastal Hazard implications addressed under Clause 7.3 & 7.4 below.

· Clause 5.10 – Heritage. Part of the southern side of the site is mapped as being of potential archaeological significance (A111 – Archaeology of early European settlement). The works proposed in the application do not include any excavation on this part of the site and referral to the Heritage Council is not required.

· Clause 7.1, the site is mapped as potentially containing class 3 acid sulphate soils. The proposed development does not involve any excavation extending 1m or more below the natural surface level. Therefore, no adverse impacts are expected to occur to the acid sulphate soils found on site.

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

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

o 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;

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

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

o Minimum floor levels for habitable buildings are recommended in the conditions;

o Buildings will be required to be engineered to withstand flood forces and to minimise impacts on the movement of flood waters.

· Clause 7.4 – Flood risk management – the site includes land between the flood planning area and the line that is shown as the probable maximum flood level on the Flood Planning Map. The site is an existing caravan park and has a previous flood evacuation plan that has been accepted by Council. The proposed development would result in a reduction in the overall number of sites by 35 sites and would therefore reduce the number of people at risk during evacuation.

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

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

Draft State Environmental Planning Policy (Coastal Management) 2016

The Draft SEPP was publicly exhibited between 11 November 2016 and 20 January 2017 and is intended to consolidate and replace SEPP 14 (Coastal Wetlands), SEPP 26 (Littoral Rainforests) and SEPP 71 (Coastal Protection).

The proposal is considered to be consistent with the provisions of the Draft SEPP, which are generally the same as those discussed under SEPP No. 71 – Coastal Protection earlier in this report.

(iii) any Development Control Plan in force:

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: General Provisions*
	Requirements	Proposed	Complies
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline	The proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area.	Yes
2.3.3.8	Removal of hollow bearing trees	None proposed to be removed.	Yes
2.6.3.1	Tree removal (3m or higher with 100mm diameter trunk at 1m above ground level and 3m from external wall of existing dwelling)	None proposed to be removed.	Yes
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater	Refer to main body of report.
2.5.3.3	Parking in accordance with Table 2.5.1. 1 space per single dwelling (behind building line)	See comments earlier under SEPP No. 21 regarding parking requirements.
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:

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

Demolition of buildings AS 2601:

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

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

No Coastal Zone Management Plan applies to the subject site.

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

The site has a general southerly street frontage orientation to Munster Street and a partial frontage to Murray Street and Sunset Parade.

Adjoining the site to the north and west is the Hastings River breakwall and foreshore.

Adjoining the site to the east is the Town Beach reserve.

Adjoining the site to the south are higher density residential and tourist accommodation and a mix of commercial uses.

The proposal is considered to be compatible with other 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 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 has road frontage to Munster Street. Adjacent to the site, Munster Street is a sealed public road under the care and control of Council.

Traffic and Transport

The site is currently approved for 2 long-term sites, 363 short-term sites, and 100 camp sites. This development proposes to reduce the overall number of sites to 330 short-term sites and 100 camp sites and would result in a reduction in the existing traffic generation. The traffic associated with the development is unlikely to have any adverse impacts to the existing road network within the immediate locality.

Site Frontage & Access

Vehicle access to the site is proposed through the existing driveway off the northern end of Munster Street. No changes to the existing access or site frontage works are proposed.

Parking and Manoeuvring

Parking and internal road widths on site can comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 and conditions have been imposed to reflect these requirements.

Water Supply Connection

Extension of the internal water supply infrastructure will be required to service the new/reconfigured sites in accordance with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

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

Refer to relevant conditions of consent.

Sewer Connection

Extension of the internal sewerage infrastructure will be required to service the new/reconfigured sites in accordance with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

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

Refer to relevant conditions of consent.

Stormwater

The site naturally grades towards the Hastings River and stormwater from individual sites is generally discharged to concrete dish drains along the internal road network. The road network drains to a series of pits along the northern boundary of the site, which discharge through the breakwall to the Hastings River.

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, the following will be required to be incorporated into the stormwater drainage plan:

a) The legal point of discharge for the proposed development is defined as the existing stormwater drainage system. New roof and pavement areas shall be drained by a direct piped connection to existing drainage wherever practicable.

b) The design shall provide details of any components of the existing stormwater drainage system servicing the site that are to be retained. The capacity of the downstream system for all storms up to 1 in 5 year Average Recurrence Interval will need to be demonstrated and if capacity is inadequate options may include pipe upgrade and/or onsite detention.

Overall, stormwater is able to be managed onsite with conditions of consent applied to manage the detailed design.

Other Utilities

Telecommunication and electricity services are available to the site.

Heritage

See comments earlier under Clause 5.10 of the LEP.

Other land resources

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

Water cycle

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

Soils

Air and microclimate

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

Flora and fauna

Waste

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

Energy

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.

As noted earlier in this report under SEPP 21 – Caravan Parks, the proposed reconfiguration of sites is not expected to adversely impact on the provision of low cost housing or tourist accommodation opportunities, given the location on the fringe of the Port Macquarie CBD. The land is located within walking distance of a range of services and recreational activities likely to be required by the residents of the caravan park.

The Applicant has advised that the reduction in site numbers within the park is a result of a trend towards larger caravans and manufactured homes and the size of the individual sites needs to be increased accordingly. The proposed number of sites reflects how the park is currently operating despite the approval for a larger number of sites.

Economic impact in the locality

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

Site design and internal design

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

Construction

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

Cumulative impacts

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

Natural Hazards

See comments earlier in this report regarding flooding and acid sulphate soils.

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

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

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

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

Three (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
Impact of glare from roofs of buildings on sites 1A – 8A and 1B – 3B. Roofs should be a dark, non-reflective colour.	The development application considers the sites within the caravan park only and future buildings would be subject to Section 68 application/s. The sites in the caravan park are capable of accommodating a variety of manufactured homes, of different roof form and external finishes.
What is intended for the area (along the southern boundary) where the cabins are currently located?	This is a matter for the operator of the caravan park. The submitted plans indicate that the area will remain as 9 short-term sites, which is consistent with the current approval to operate. Any future changes to the use of this area would be subject to a separate application.
Loss of views to trees and water.	The development application considers the sites within the caravan park only and future buildings would be subject to Section 68 application/s. The proposed reconfigured studio sites (sites 1A – 8A and 1B – 3B) are located at a substantially lower level than the adjoining residential apartments to the south and would not affect any significant views.
Parking provision for residents and visitors.	The proposal would provide for a parking space on each of the 330 short-term sites and there would be no reduction in the existing visitor parking. Given that the development would result in a reduction of 35 sites within the park, the amount of parking available is considered to be an improvement on the current situation.
Additional noise from traffic.	The proposal would result in 35 less sites that the current approval for the caravan park. The traffic associated with the development is also expected to be reduced on this basis.

(e) The Public Interest:

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

· Development contributions will not be required towards augmentation of town water supply and sewerage system head works under Section 64 of the Local Government Act 1993.

· Development contributions will not be required under Section 94 of the Environmental Planning and Assessment Act 1979 towards roads, open space, community cultural services, emergency services and administration buildings.

5. CONCLUSION

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

Attachments

1 View. DA2017 - 1065.1 Plans - DAP Set

2 View. DA2017 - 1065.1 Recommended Conditions

3 View. DA2017 - 1065.1 Submission - Atkins

4 View. DA2017 - 1065.1 Submission - Bradley-Cahalan

5 View. DA2017 - 1065.1 Submission - Cooper

AGENDA Development Assessment Panel 14/03/2018

Item: 07

Subject: DA2017-1100.1 Dwelling & Swimming Pool, Lot 34 DP 22916, No 12 Surf Street, Port Macquarie

Report Author: Deb McKenzie

Applicant: S N & H C Morgan

Owner: As above

Estimated Cost: $799,900

Parcel no: 22828

Alignment with Delivery Program

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

RECOMMENDATION

That DA2017 – 1100.1 for the construction of new dwelling house and swimming pool at Lot 34 DP 22916, No. 12 Surf Street, Port Macquarie be determined by granting consent subject to the recommended conditions.

Executive Summary

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

Following exhibition of the application, four (4) submissions, including one (1) late submission have been received.

1. BACKGROUND

Existing sites features and surrounding development

The site has an area of 524.8m². The site is generally rectangular with Surf Street frontage of 17.1m and side boundaries of 32.185m. The site falls from rear to street from RL26.00m AHD to RL22.00m AHD. The subject site has been vacant with generally unmanaged vegetation for a considerable time.

Development in the area comprises a mix of low and medium density single dwellings, multi-dwelling housing and medium density residential flat buildings. To the north, east and west are single dwellings, adjoining to the south is a residential flat building. More broadly this area of Flynn’s Beach contains a number of permanent and tourist-based unit developments of various sizes, heights and age.

The site is zoned R3 Medium Density 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:

· Site is zoned R3 – Medium Density Residential

· Permissible height of building limit is 14.5m and FSR is 1.5:1

· Site area is less than 600m².

· Previous residential flat building was approved on the site but not commenced/approval lapsed.

· Proposal is large single dwelling – up to 9m in height

· Surrounding development is mix of low and medium density development

Refer to attachments at the end of this report.

Application Chronology

· 12/12/2017 – Development Application (DA) lodged

· 5/1/18 – 18/1/18 – Public Notification of DA

· 1/1/18 – Two submissions received

· 12/1/1/8 – Submission received

· 29/1/18 – Late submission received (due to Xmas/New Year holidays)

· 29/1/18 – Submissions sent to applicant’s architect

· 6/2/18 – Email from architect agreeing to fencing of site

3. STATUTORY ASSESSMENT

Section 4.15 Evaluation

(a) The provisions (where applicable) of:

(i) any Environmental Planning Instrument:

State Environmental Planning Policy No. 44 - Koala Habitat Protection

The site is less than 1ha in area and therefore no further investigations are required.

However it should be noted that a Tree Assessment, prepared by Woodvale Tree Services, identified all the significant vegetation on the site. It concluded:

“there are no Primary or Secondary trees identified that as species are listed as having significance to Koala’s within the Port Macquarie Hastings Council Development Control Plans.”