Agenda of Development Assessment Panel

AGENDA Development Assessment Panel 09/05/2018

Item: 05

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 – 380.1 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.

The application was previously reported to the Development Assessment Panel on 28^th February 2018 at which the consensus was as follows:

CONSENSUS:

That DA2017 – 780.1 be deferred to allow the applicant to address the deficiency in parking and how it can be accommodated either onsite or in the area.

The applicant has addressed the concerns raised and submitted revised plans for consideration.

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 to 28 September 2017 - Neighbour notification

· 15 September 2017 - Heritage advisor comments

· 28 February 2018 – Application appeared before the Development Assessment Panel and application deferred to receive additional information relating to parking

· 13 March 2018 - Additional information 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.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 Apartment Development

In accordance with clause 4, the subject 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/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 suitable 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 requirements 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

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/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 suitable 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 requirements 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 with 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 on the adjoining property are located to the south, which limits the overshadowing impacts to key north facing living areas. The proposal achieves compliance with sunlight criteria in that these areas will receive the minimum 3 hours direct sunlight between 9am and 3pm 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 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 the car park/out of view. Ramping for accessibility has been 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, which exceeds 25%.	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. A total of 228m² has been nominated as deep soil, which equates to 21% 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)	Alternate parking calculation does not apply (ie the site is not located within 400m of a B3 or B4 zone). Utilise DCP rates, which are addressed later in this report. Car share or parking permits not utilised or available.	N/A
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	Acceptable.	Yes
Ceiling heights contribute to the flexibility of building use over the life of the building	Acceptable.	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	No residential units on ground floor.	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. To be conditioned. 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.	Considered acceptable.	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 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.

o The proposal will provide a mixture of uses that will serve the area/locality.

o Encourage employment opportunities via the ground floor retail.

o By having reduced parking, the development will encourage a degree of walking and cycling within the area.

o The design provides a fresh building to enhance the streetscape.

· 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..

(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).	228m² of deep soil zone or 21% 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. 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.	Shadow diagrams have been submitted demonstrating compliance.	N/A
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 – refer BASIX.	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 this 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 underground.	Yes
	Above ground utility infrastructure integrated with building design.	Above ground utility infrastructure required to be integrated with building design. Substation location details are to be provided with the application for construction certificate.	Yes - capable
	Site and individual units numbered.	Site and individual units can be appropriately numbered.	Yes - capable
	Common aerials and satellite dishes provided.	Common aerials and satellite dishes can be appropriately provided.	Yes - capable

*DCP 2013: General Provisions*
DCP Objective	Development Provisions	Proposed	Complies
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline: · Casual surveillance and sightlines · Land use mix and activity generators · Definition of use and ownership · Lighting · Way finding · Predictable routes and entrapment locations	The proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area. The increase in housing density will improve natural surveillance within the locality and openings from each dwelling overlook common and private areas.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls.	Yes
2.3.3.2	1m max. height retaining walls along road frontages	Approximate 1m max. height retaining walls along road frontages stepped to respond to topography.	Yes
	Any retaining wall >1.0 in height to be certified by structural engineer	Condition recommended to require engineering certification for project.	Yes
	Combination of retaining wall and front fence height	None proposed.	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 · Commercial 1 space per 30m² or 1.5 spaces per office (whichever is greater)	Required: 17 x 1 & 2 bedroom units = 17 spaces. Visitor parking 17/4 = 4.25 spaces. Commercial 60m²/30m² = 2 spaces or 1 office x 1.5 spaces = 1.5 spaces. The 2 space requirement is the greater. Total required = 17 + 4.25 + 2 = 23.25 spaces (rounds to 24) (Note: the foyer area was not charged parking as it is considered ancillary to the residential units) Proposed Applicant proposes 22 spaces onsite. However, a space internally and externally will need to be converted to turning area, bringing the total number of spaces provided to 20 spaces. This represents a 4 space shortfall. Contributions are to be levied to cover the shortfall. In particular, there are opportunities to use contributions in the area to improve/increase public parking in the area. Refer to comments on Parking and Manoeuvring later in this report for further justification.	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	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 17 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 (60sqm) 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 three (3) 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 will also be required within the gated car park area as it now contains a public/visitor parking component. Overall, 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.

Parking and access to and from has been designed to comply with AS/NZS 2890.In this regard the AS design requirements which are applicable to Category 1A parking facility have been applied to the proposed development.

It is noted that the Category 1 provisions of AS 2890.1 provide for a proposed access driveway width of 3m under certain circumstances. In this regard, the proposed development will generate peak hour traffic movements which will be well less than the 30-movement trigger, which is relevant to the provision of a minimum 5.5m wide two car driveway. The suitability of the proposed single width driveway is further supported by the existing on-street parking bay which is immediately adjacent to the subject site.

The design of the proposed development provides for forwards vehicle movements to and from the subject development. It is proposed with respect to the proposed commercial floor space within the proposed development. Reference to Table 2.5.1 of PMHC DCP 2013 indicates that stacked parking is not counted towards compliance unless staff parking spaces are separately identified and delineated (Clause 2.5.3.7(e) of the DCP). The development now provides that the commercial car parking spaces will be separately identified and delineated and as such the tandem arrangement is suitable for use in relation to the commercial floor space.

In response to the issues raised at the DAP meeting, the design of the subject development has been amended as follows;

· 22 spaces proposed, albeit 2 spaces will be lost to turning spaces, bringing the total to 20 spaces. Council controls require 24 spaces, which results in a shortfall in parking of 4 spaces.

· The design of the ground floor car parking area has been modified so as to provide 19 spaces within the building. One of the 19 spaces will be lost to a turning space, leaving 18 spaces. The 18 spaces are sufficient to meet all residential requirements and part of the visitor car parking needs.

· The floor area of the ground floor commercial area has been reduced to a maximum of 60m² thereby reducing the associated car parking demand to 2 spaces.

· The driveway area has been redesigned so as to provide for two (2) stacked car parking spaces, which will meet the parking demand associated with the commercial floor space. The ground floor office area has been deleted with this area being utilized in conjunction with the residential use of the building (resident foyer). Whilst not ideal to utilise stack parking - use for commercial arrangements is considered acceptable for staff parking only.

· The provision of the additional car parking spaces on site is difficult to achieve and be financially viable given the spatial dimensions of the subject site.

· The location of the site to a busy intersection is likely to deter some visitors from accessing the site, which reduces demand.

· There is a designated ‘on-street’ car parking area directly in front of the building providing for two (2) spaces.

· A precinct parking plan has been submitted by the applicant demonstrating significant on street car parking opportunities are available within 150m of the proposed development. Bridge Street in particular provides for significant ‘on street’ parking due to its width and the low levels of usage of this road infrastructure. There is also a public car park located between Gordon and Bridge Street, within a walkable 215m.

· Safe pedestrian access is available throughout the locality, including to and from nearby car parks, residential and commercial developments etc. This overall accessibility is likely to reduce demand for cars and onsite parking.

· Contributions can be levied for the shortfall, which can be utilised to upgrade the existing public parking in the area.

It is considered that the development is appropriate in the area and that the combination of close proximity to all services by foot and the availability of car parking in the immediate area allows for concessions on site. The development is also consistent with encouraging higher density development that does not necessarily require residents to be reliant on vehicle usage.

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.

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.

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

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

Air and microclimate

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

Flora and fauna

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

Waste

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

Energy

The proposal includes measures to address energy efficiency and will be required to comply with the requirements of BASIX 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 designed to address noise impacts from Hastings River Drive.

Bushfire

The site is not identified as being bushfire prone.

Safety, security and crime prevention

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

Social impacts in the locality

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

Economic impact in the locality

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

Site design and internal design

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

Construction

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

Cumulative Impacts

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

(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
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 adjoining 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 in this report on Traffic and Transport, Parking and Manoeuvring and also DCP 2013 parking calculations. Overall, no adverse traffic or parking issues will occur. The applicant will also be required to pay additional s94 contribution in lieu of the 4 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.

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 - 780.1 Plans.

2 View. DA2017 - 780.1 Amended Ground Floor Plan

3 View. DA2017 - 780.1 Amended Site Plan

4 View. DA2017- 780.1 Precinct Parking

5 View. DA2017 - 780.1 Recommended DA Conditons

6 View. DA2017 - 780.1 Submission - McVeagh

7 View. DA2017 - 780.1 Submission - Vogel

AGENDA Development Assessment Panel 09/05/2018

Item: 06

Subject: Section 4.55 Modification DA2010 - 577.4 - Modification To Subdivision Lot Layout Including Addition Of One (1) Torrens Title Lot - Lot 2 DP 1231106, No. 72 Lorne Road, Kendall

Report Author: Patrick Galbraith-Robertson

Applicant: Jojeni Investments Pty Ltd CARE GEM Planning Projects

Owner: Jojeni Investments Pty Ltd

Estimated Cost: N/A

Parcel no: 66659

Alignment with Delivery Program

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

RECOMMENDATION

That Section 4.55 modification to DA 2010 - 577 for a modification to subdivision layout including addition of one (1) torrens title lot at Lot 2, DP 1231106, No. 72 Lorne Road, Kendall, be determined by granting the modified consent subject to the recommended conditions.

Executive Summary

This report considers a Section 4.55(2) modification of consent application at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

Being a Section 4.55 modification, the modified proposal has only been assessed against the legislation and related planning guidelines in place at the time of the original assessment.

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

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

This DA has been previously considered by the Development Assessment Panel on 26 April 2018 where the following resolution was made:

Defer determination of the Section 4.55 modification to DA 2010 – 577, subject to the submission of stormwater management detail being provided to the Development Assessment Panel. The information is to show how stormwater impacts on the new Lot 8 and also whether the new Lot 8 impacts on the ability to deal with stormwater management for the overall subdivision.

The Applicant has subsequently provided additional specialist stormwater information to address the Panel’s concerns which are attached to this report. Additional commentary is also provided later in this updated report.

1. BACKGROUND

Existing sites features and surrounding development

The site has an area of 13.11 hectares.

The section of the site to which the modification application relates to is zoned 1(r1) Rural Residential in accordance with the Hastings Local Environmental Plan 2001 (as in force at the time), as shown in the following zoning plan:

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

2. DESCRIPTION OF DEVELOPMENT

The current approved development, as modified is for a staged 13 lot subdivision. A copy of the current approved modified plans are shown below:

The development is physically commenced with Lots 1 and 2 already created/released.

Key aspects of the modification proposal include the following:

· Modify previous approved staged subdivision to realign boundaries and add an additional one (1) allotment at the northern end of the subdivision (where Lot 9 and 10 are shown above). This will increase the total lot numbers from 13 to 14.

The proposal has been also amended during the assessment of the application to incorporate compliant cul-de-sac sections of road with a 12m radius. This has also resulted in minor changes to boundaries to retain compliant minimum 1 hectare lot sizes.

Refer to attachments at the end of this report.

Application Chronology

· 7 December 2017 – Modification application lodged with Council

· 13 December 2017 – Referral of modification application to NSW Rural Fire Service

· 18 December 2017 to 12 January 2018 - Neighbour notification of proposal

· 12 February 2018 – Additional information requested – submission issues and on-site sewage capacity

· 19 February 2018 – NSW Rural Fire Service issued Bushfire Safety Authority

· 20 February 2018 – Clarification sought on cul-de-sac radius required by NSW Rural Fire Service

· 13 March 2018 – Confirmation of 12m radius on cul-de-sac required

· 16 March 2018 – Updated on-site sewage management report received

· 24 March 2018 – Updated on-site sewage management report forwarded to submitter for consideration

· 12 April 2018 – Amended plans received including enlarging radius of cul-de-sac head to comply with 12m radius required by the NSW Rural Fire Service

· 26 April 2018 – Consideration of DA by the Development Assessment Panel. Resolution to defer consideration of DA until further information is received. Revised information since received.

3. STATUTORY ASSESSMENT

Section 4.15(2) Matters for Consideration

(a) Is the proposal substantially the same?

Section 4.55 of the Environmental Planning and Assessment Act 1979 enables the modification of consents and categorises modifications into three categories - S.4.55(1) for modifications involving minor error, mis-description or miscalculation; S.4.55(1A) for modifications involving minimal environmental impact; and S.4.55(2) for other modifications. Each type of modification must be considered as being substantially the same to that which was originally consented to.

The subject application is being considered under the provisions of Section 4.55(2).

The Applicant has submitted the following details to justify that the proposal is substantially the same development:

· The proposal seeks to modify minor aspects of the approved subdivision but does not alter the servicing capacity, the environmental principles nor the character of the approved development.

· One additional x 1 ha allotment will result in the northern location and it does alter the intersection location or road access principles.

· The modified proposal conforms to the requirements of existing Rural Fire Service S100B authority.

Having regard to the above, the proposed modification is not considered to alter the fundamental essence of the original development and is considered to be substantially the same to the original development and therefore within the scope of a modification application.

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

The application has been referred to the NSW Rural Fire Service (RFS). The RFS have reviewed the proposal and issued an amended Bushfire Safety Authority for the modified proposal. The Applicant has also submitted amended plans to provide details of the required minimum 12m radius cul-de-sacs required by the RFS.

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

Neighbour notification has been undertaken in accordance with the DCP.

(d) Any submissions made concerning the modification?

One (1) written submission has been received following public exhibition via neighbour notification of the application.

The issues raised in the submission received have been forwarded to the Applicant during the assessment of the application.

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

Submission Issue/Summary	Planning Comment/Response
Concerns relate to the onsite sewage management of this modification referring specifically to the three blocks 9, 10 and 11 having common boundary with our property Lot 65.	The Applicant has submitted additional specialist information during the assessment of the application to address site specific on-site sewage management for the proposed additional lot and boundary reconfiguration. A copy of this report is attached. The additional report submitted has been assessed by Council Staff as being satisfactory.
The latest proposed modification of the subject site could significantly increase environmental effects such as potential for seepage/runoff to our creek immediately adjacent to our South boundary, any contemplation that another method of disposal of septic waste, secondary or not, within the 40 metre zone would mean leakage into our creek.
Concerns of how overland stormwater runoff will be channelled away from this development considering the slope characteristics of the site and in particular regard to the proposed roads 1 and 2.	Refer to the comments provided later in this report to address stormwater.

(3) Any matters referred to in section 4.15/79C (1) relevant to the modification?

Taking into consideration of the reasons for approval of the original development, the following areas of the original assessment impacted by the changes or with revised comments are addressed below:

North Coast Regional Environmental Plan

In accordance with clause 2, the modified proposal remains consistent with the aims of this REP.

In accordance with clause 12, the modified proposal is unlikely to adversely impact on the use of any nearby adjoining or adjacent agricultural land and the proposed subdivision will be unlikely to result in a significant loss of prime crop or pasture land. In particular, given the section of the site had a previous zoning change (that has occurred) to become 1(r1) now known as R5 Large Lot residential.

In accordance with clause 43, the modified proposal remains satisfactory with regard to:

· the density of the proposed lots has been maximised without adversely affecting the environmental features of the land,

· the proposed road widths are not excessive for the function of the road, and

Port Macquarie-Hastings Local Environmental Plan 2001

The above LEP was in place at the original time of assessment and determination of this DA.

In accordance with clause 9, the subject site (in total) is zoned part 1(a1) Rural, 1(a3) Rural – Agricultural Protection, 1(r1) Rural Residential and 7(h) Environment Protection - Habitat. The modification to the remaining subdivision lots to be constructed and released are entirely within the 1(r1) zoned section of the site.

The objectives of the 1(r1) zone are as follows:

Zone 1 (r1) Rural Residential

Zone objectives

(a) To enable the development of land within this zone for rural residential purposes.

(b) To enable appropriate development where allowed with consent.

The proposal is consistent with the zone objectives, particularly as the proposal will not result in any unnecessary land fragmentation and based upon appropriate conditions recommending fencing off the 7(h) zoned land.

In accordance with clause 13, satisfactory arrangements are available for water supply and facilities for removal/disposal of on-site sewage and drainage to the proposal (as amended).

Note that Stage 1 will not require/propose extension of water supply servicing to proposed Lot 2 within Stage 1.

In accordance with clause 17, the Lot sizes proposed within the 1(r1) zoned part of the site remain compliant with the minimum 1 hectare land area requirement, will provide for satisfactory land area to enable on-site disposal of effluent and bushfire risk has been satisfactorily addressed.

The requirements of this LEP are therefore satisfied.

Development Control Plan 17 – Subdivision Code

The modified proposal remains to comply with all applicable development provisions relating to recommended lot servicing and design requirements of this DCP.

Context and setting

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

The desired character for the site has been set by the change in zoning to rural residential and with the 1 hectare lot size adopted. The modified proposal is considered to be consistent with the desired character for future and existing rural and rural residential development in the locality and adequately addresses planning controls for the area.

There are no identifiable adverse impacts to neighbouring properties.

Access, transport and traffic

The subject property has frontage to Lorne Rd which is a dedicated bitumen sealed rural road maintained by Council. Lorne Rd carriageway is approximately six (6) metres wide.

The proposed subdivision has already been approved to produce 91 additional daily trips, the addition of one extra allotment will not have any significant effect on the proposed development or the surrounding road network.

On-site sewage management

The Applicant has submitted additional specialist information during the assessment of the application to address site specific on-site sewage management for the proposed additional lot and boundary reconfiguration. A copy of this report is attached. The additional report submitted has been assessed as being satisfactory.

Stormwater

The proposal does not include a stormwater management plan and instead notes that the subdivision will be constructed in accordance with the plan prepared as part of the rezoning of the site. The original assessment raised no objections towards this approach in principal noting that detailed design and remodelling of all elements will be required to be undertaken prior to the issue of a Construction Certificate.

There is a Stormwater Management Plan dated March 2007, which includes the use of infiltration trenched/basins and buffer strips on private property, appropriate easements and positive covenants/restrictions as to user will be required to be placed on relevant lots at time of subdivision and maintenance access/rights are provided.

Such instruments will also be required to be created over flowpaths through the properties to both enable future access and to alert purchasers/landowners to their rights and obligations with respect to the flow of waters through the site.

There is a condition already imposed to create a positive covenant for maintenance of the existing overland flowpath over the site.

Stormwater analysis has been submitted demonstrating that the pre development flows within the existing watercourse are 5.81 cu.m/s with a water level of 11.37m AHD adjacent to Proposed lot 7. The post development flow will be 5.83 cu.m/s within the realigned overland flowpath with the water level maintained at 11.37m adjacent to Lot 7. The depth of flow within this flowpath is to remain at 370mm as per pre development.

The proposed building platforms on proposed lots 8 & 9 are well in excess of any required freeboard and an appropriate restriction has been conditioned to ensure any future building on Proposed lot 7 is constructed an appropriate level.

Based on the above, the proposed development will create no adverse impacts on stormwater and visa versa.

Water

Water Supply for this modified development can remain to be provided from the 100mm AC water main on the same side of Lorne Road.

Fire service coverage to the building envelope of each lot to AS 2419 is to be provided wherever there is reasonable prospect of coverage from a street hydrant.

The subdivision plans with suitable Section 88B instruments are to show building envelopes that can be covered by street hydrants to AS 2419. This information is to be shown on the engineering plans for assessment by Water Supply Section before linen release but is deemed capable of complying.

Water cycle

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

Bushfire

The site is identified as being bushfire prone. The Applicant has submitted a revised bushfire report, which was forwarded to the NSW Rural Fire Service. The NSW Rural Fire Service have assessed the application and issued an amended Bushfire Safety Authority for the modified development. A copy is attached to this report.

The proposal has been also amended during the assessment of the application to incorporate compliant cul-de-sac sections of road with a 12m radius. Section H of the development consent is recommended to be deleted and replaced with a more current standardised condition to reference the amended bushfire authority.

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

· Additional development contributions for the additional lot will be required towards augmentation of local water supply head works under Section 64 of the Local Government Act 1993.

· Additional development contributions for the additional lot 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 4.55 of the Environmental Planning and Assessment Act 1979.

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

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

Attachments

1 View. DA2010 - 577.4 Plans

2 View. DA2010 - 577.4 Stormwater Report

3 View. DA2010- 577.4 Stormwater Plan

4 View. DA2010 - 577.4 Buffers Sewage Management Onsite

5 View. DA2010 - 577.4 Onsite Report

6 View. DA2010 - 577.4 Recommended Amended Conditions.

7 View. DA2010 - 577.4 NSW Rural Fire Service Recommendations

8 View. DA2010 - 577.4 Submission - Guy

Member	28/02/18	14/03/18	28/03/18	11/04/18	26/04/18
Paul Drake	P	P	P	P	P
Robert Hussey	A	A	P	P	P
David Crofts (alternate member)	P	P
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

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