Agenda of Development Assessment Panel

AGENDA Development Assessment Panel 27/06/2018

Item: 05

Subject: DA2018 - 130.1 Subdivison, Childcare Centre And Managers Residence - Lots 32 & 2, DP 1100016 & 505679, Ngamba Place & McGilvray Road Bonny Hills

Report Author: Fiona Tierney

Applicant: Dataconsult Communications & D A Smethurst

Owner: Dataconsult Communications & D A Smethurst

Estimated Cost: $1,757,000

Parcel no: 63614,13439

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2018 - 130 for a subdivision, childcare centre and managers residence at Lot 32 & 2, DP 1100016 & 505679, Ngamba Place & 3 McGilvray Rd, Bonny HIlls, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a subdivision, centre-based child care facility and manager’s residence at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

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

1. BACKGROUND

Existing sites features and Surrounding development

The site has an area of 6,069m².

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

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

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· The subdivision (boundary adjustment) of Lot 36 and Lot 2 to create proposed Lot 1 (for the purposes of a Centre-Based Child Care Facility) and proposed Lot 2, a residual lot with a 4.6m wide access handle to Ngamba Place Subdivision

· The construction of a Centre-Based Child Care Facility with a maximum capacity of 128 Children.

Application Chronology

· 23 February 2018 – Application lodged.

· 13 March to 26 March 2018 – Adjoining owner notification.

· 8 March 2018 – Referral to NSW Rural Fire Service.

· 16 April 2018 – Additional information request Rural Fire Service.

· 17 April 2018 – Bushfire Safety Authority received from NSW Rural Fire

· 9 May 2018- Clarification kerb and guttering

3. STATUTORY ASSESSMENT

Section 4.15(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 44 - Koala Habitat Protection

The site has an area of less than 1 hectare therefore the requirements for this SEPP do not require consideration.

State Environmental Planning Policy 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 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 approximately 2 kilometres from the site.

State Environmental Planning Policy 64 - Advertising and Signage

The proposed development includes proposed advertising signage in the form of business identification advertising. The signage comprises of a fixed wall business identification sign.

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

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

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

State Environmental Planning Policy 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.

Subdivision of land within residential or rural residential zone if part or all of the land is within a Sensitive Coastal Location requires one of the following:

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 a residential zone.

State Environmental Planning Policy (Infrastructure) 2007

Vehicle access is proposed off Ngamba Place rather than the Ocean Drive. The safety, efficiency and ongoing operation of the adjoining Ocean Drive will not be adversely affected by the development as a result of the anticipated volume and frequency of vehicles anticipated.

The occupants of the childcare centre could be sensitive to potential traffic noise from the Ocean Drive. In this regard, the applicant has proposed to install air-conditioning so as to enable the windows and doors to be closed during operating hours.

SEPP (Educational Establishments and Child Care Facilities) 2017

The SEPP (EE&CCF) 2017 commenced on 1 September 2017, prior to the lodgement of this application (lodged 11 October 2017). Therefore the provisions of the SEPP and Child Care Planning Guideline apply are required to be addressed in the application.

A statement that the applicant has prepared the policies and procedures referred to in Regulation 168 must be submitted with the application for a Service Approval. Council can seek a DA to demonstrate that the centre is capable of complying with the Regulation. In this case, it is an existing centre. A request for a copy of the Plan of Management was made to the applicant. A POM has not been submitted and would be required as part of any approval, prior to commencement of the extended service or any modification to the current service.

Part 3 Early Education and care facilities

– specific development controls

Provision

Proposal

5 Interpretation

centre-based child care facility means:

(a) a building or place used for the education and care of children that provides any one or more of the following:

(i) long day care,

(ii) occasional child care,

(iii) out-of-school-hours care (including vacation care),

(iv) preschool care, or

(b) an approved family day care venue (within the meaning of the Children (Education and Care Services) National Law (NSW)),

but does not include:

(c) a building or place used for home-based child care or school-based child care, or

(d) an office of a family day care service (within the meanings of the Children (Education and Care Services) National Law (NSW)), or

(e) a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or

(f) a child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium) to care for children while the children’s parents are using the facility, or

(g) a service that is concerned primarily with providing lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or providing private tutoring, or

(h) a child-minding service that is provided by or in a health services facility, but only if the service is established, registered or licensed as part of the institution operating in the facility.

Note: All unencumbered indoor spaces must be provided as a secure area for children. The design of these spaces should consider the safe supervision of children.

The proposal is a centre-based child care facility in terms of the adopted definitions.

22 Centre-based child care facility—concurrence of Regulatory Authority required for certain development

(1) This clause applies to development for the purpose of a centre-based child care facility if:

(a) the floor area of the building or place does not comply with regulation 107 (indoor unencumbered space requirements) of the Education and Care Services National Regulations, or

< ie 3.25sqm per child>

(b) the outdoor space requirements for the building or place do not comply with regulation 108 (outdoor unencumbered space requirements) of those Regulations.

< ie 7sqm per child>

(4) In determining whether to grant or refuse concurrence, the Regulatory Authority is to consider any requirements applicable to the proposed development under the Children (Education and Care Services) National Law (NSW).

Centre satisfies the requirements and therefore does not require referral/concurrence.

23 Centre-based child care facility—matters for consideration by consent authorities

Before determining a development application for development for the purpose of a centre-based child care facility, the consent authority must take into consideration any applicable provisions of the Child Care Planning Guideline, in relation to the proposed development.

Considered- see below

24 Centre-based child care facility in Zone IN1 or IN2—additional matters for consideration by consent authorities

Not within an IN1 or IN2 zone

25 Centre-based child care facility—non-discretionary development standards

(1) The object of this clause is to identify development standards for particular matters relating to a centre-based child care facility that, if complied with, prevent the consent authority from requiring more onerous standards for those matters.

(2) The following are non-discretionary development standards for the purposes of section 79C (2) and (3) of the Act in relation to the carrying out of development for the purposes of a centre-based child care facility:

(a) location—the development may be located at any distance from an existing or proposed early education and care facility,

(b) indoor or outdoor space

(i) for development to which regulation 107 (indoor unencumbered space requirements) or 108 (outdoor unencumbered space requirements) of the Education and Care Services National Regulations applies—the unencumbered area of indoor space and the unencumbered area of outdoor space for the development complies with the requirements of those regulations, or

(ii) for development to which clause 28 (unencumbered indoor space and useable outdoor play space) of the Children (Education and Care Services) Supplementary Provisions Regulation 2012 applies—the development complies with the indoor space requirements or the useable outdoor play space requirements in that clause,

(c) site area and site dimensions—the development may be located on a site of any size and have any length of street frontage or any allotment depth,

(d) colour of building materials or shade structures—the development may be of any colour or colour scheme unless it is a State or local heritage item or in a heritage conservation area.

(3) To remove doubt, this clause does not prevent a consent authority from:

(a) refusing a development application in relation to a matter not specified in subclause (2), or

(b) granting development consent even though any standard specified in subclause (2) is not complied with.

(a) The site is considered appropriate for a child care facility with respect to the growing Bonny Hills and Lake Cathie (Area 14) land release area and immediately surrounding residential catchment;

(b)(i) Clause 107 requires a minimum of 3.25 square metres of unencumbered indoor space for each child being educated or cared for. The proposal includes unencumbered indoor floor space (rooms excluding hallways, toilets, kitchens, storage, cot rooms) of 480m2, equating

to a maximum child population of 147 children (Note: the outdoor unencumbered space, see below, limits the centre to a maximum of 128 children).

Clause 108 requires a minimum of 7 square metres of unencumbered outdoor space for each child being educated and/or cared for. The proposal includes unencumbered outdoor floor space exceeding the minimum required for 128 children, that being 896m2. The proposed unencumbered outdoor space is 900m2 (excluding car parking, storage sheds, laundry and other spaces not suitable for children).

(b)(ii) The unencumbered indoor space does not include passage ways, thoroughfares, door swing areas, kitchens, cot rooms, toilets or showers.

The proposed centre also includes the following features:

- A dedicated administration section as

well as three private consultation rooms

for meetings between staff and parents;

- A dedicated staff room; and

- A cot room for the use of children under

2 years of age;

The final landscaping design has not been

undertaken as a part of this development

application. It is considered however, that

compliance with The Shade Handbook can be achieved.

(d) The subject site is not mapped as being within a state or local heritage conservation area.

Child Care Planning Guideline (August 2017)

Matter for Consideration/ Requirement

Proposal

Chapter 2 DESIGN QUALITY PRINCIPLES

Principle 1 – Context

Good design responds and contributes to its context, including 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.

Well-designed child care facilities respond to and enhance the qualities and identity of the area including adjacent sites, streetscapes and neighbourhood.

Well-designed child care facilities take advantage of its context by optimising nearby transport, public facilities and centres, respecting local heritage, and being responsive to the demographic, cultural and socio-economic makeup of the facility users and surrounding communities.

The proposed development is appropriately located to be readily accessible by the community. The design responds to the context and will promote additional employment and services for the community of Bonny Hills.

The design and landscaping will positively contribute to the identity and sense of place of the area.

The site is well located to provide for a number of transport options.

Principle 2 – Built Form

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

Good design 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. Good design also uses a variety of materials, colours and textures.

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.

Contemporary facility design can be distinctive and unique to support innovative approaches to teaching and learning, while still achieving a visual appearance that is aesthetically pleasing, complements the surrounding areas, and contributes positively to the public realm.

The design is well set back from adjoining boundaries and responds well to the slope of the site and is set in to reduce impact on adjoining properties.

A variety of building elements, colours and textures is proposed.

The structure will help define and the corner allotment and provide a high quality identifiable entry to the main part of Bonny Hills.

A contemporary design with a coastal feel is proposed and will positively contribute to the streetscape.

Principle 3 – Adaptive Learning Spaces

Good facility design delivers high quality learning spaces and achieves a high level of amenity for children and staff, resulting in buildings and associated infrastructure that are fit-for-purpose, enjoyable and easy to use. This is achieved through site layout, building design, and learning spaces fit-out.

Good design achieves a mix of inclusive learning spaces to cater for all students and different modes of learning. This includes appropriately designed physical spaces offering a variety of settings, technology and opportunities for interaction.

Adaptive learning spaces are provided that allow for access between rooms and interface with outdoor play areas and covered decks.

Principle 4 – Sustainability

Sustainable design combines positive environmental, social and economic outcomes.

This includes use of natural cross ventilation, sunlight and passive thermal design for ventilation, heating and cooling reducing reliance on technology and operation costs. Other elements include recycling and re-use of materials and waste, use of sustainable materials and deep soil zones for groundwater recharge and vegetation.

Well-designed facilities are durable and embed resource efficiency into building and site design, resulting in less energy and water consumption, less generation of waste and air

emissions and reduced operational costs.

Good cross flow opportunities provided.

Application to comply with Section J BASIX with suitable areas for deep soil zones and vegetation.

Principle 5 – Landscape

Landscape and buildings should operate as an integrated and sustainable system, resulting in attractive developments with good amenity. A contextual fit of well-designed developments is achieved by contributing to the landscape character of the streetscape and neighbourhood.

Well-designed landscapes make outdoor spaces assets for learning. This includes designing for diversity in function and use, age-appropriateness and amenity.

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.

Suitable high quality landscaping has been provided.

Principle 6 – Amenity

Good design positively influences internal and external amenity for children, staff and neighbours. Achieving good amenity contributes to positive learning environments and the well-being of students and staff.

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

Well-designed child care facilities provide comfortable, diverse and attractive spaces to learn, play and socialise.

Attractive and appropriate amenity has been provided to allow for suitable break out areas suitable for staff and children to work, learn and play.

Principle 7 – Safety

Well-designed child care facilities optimise the use of the built and natural environment for learning and play, while utilising equipment, vegetation and landscaping that has a low health and safety risk, and can be checked and maintained efficiently and appropriately.

Good child care facility design balances safety and security with the need to create a welcoming and accessible environment. It provides for quality public and private spaces

that are inviting, clearly defined and allow controlled access for members of the community. Well-designed child care facilities incorporate passive surveillance and Crime Prevention Through Environmental Design (CPTED).

Appropriate safety deign feature shave been incorporated within the design

CHAPTER 3 Matters for Consideration

Provision

Proposal

3.1 Site selection and location p9-10

C1 Zone Objectives

For proposed developments in or adjacent to a residential zone, consider:

· the acoustic and privacy impacts of the proposed development on the residential properties

· the setbacks and siting of buildings within the residential context

· traffic and parking impacts of the proposal on residential amenity.

For proposed developments in public or private recreation zones, consider:

· the compatibly of the proposal with the operations and nature of the community or private recreational facilities

· if the existing premises is licensed for alcohol or gambling

· if the use requires permanent or casual occupation of the premises or site

· the availability of on site parking

· compatibility of proposed hours of operation with surrounding uses, particularly residential uses

· the availability of appropriate and dedicated sanitation facilities for the development.

The site is zoned R1 General Residential.

The objectives of the zone are:

· To provide for the housing needs of the community.

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

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

The development of a centre-based child care centre in the R1 zone is not antipathetic to the objectives of the zone.

In terms of the three environmental impacts listed:

· the acoustic and privacy impacts of the proposed development on the residential properties. The site is set into the site and consideration has been made to reduce the impact on adjoining residences- it is recommended acoustic fencing be provided adjoining the carpark

· the setbacks and siting of buildings within the residential context. Considered acceptable

· traffic and parking impacts of the proposal on residential amenity.

Traffic assessment has been conducted and the entry is located away from the main adjoining residential development and is considered acceptable.

C2 Site Selection

When selecting a site, ensure that:

· the location and surrounding uses are compatible with the proposed development or use

· the site is environmentally safe including risks such as flooding, land slip, bushfires, coastal hazards

· there are no potential environmental contaminants on the land, in the building or the general proximity, and whether hazardous materials remediation is needed

· the characteristics of the site are suitable for the scale and type of development proposed having regard to:

- size of street frontage, lot configuration, dimensions and overall size

- number of shared boundaries with residential properties

- the development will not have adverse environmental impacts on the surrounding area, particularly in sensitive environmental or cultural areas

· where the proposal is to occupy or retrofit an existing premise, the interior and exterior spaces are suitable for the proposed use

· there are suitable drop off and pick up areas, and off and on street parking

· the type of adjoining road (for example classified, arterial, local road, cul-de-sac) is appropriate and safe for the proposed use

· it is not located closely to incompatible social activities and uses such as restricted premises, injecting rooms, drug clinics and the like, premises licensed for alcohol or gambling such as hotels, clubs, cellar door premises and sex services premises.

The site is considered suitable for the childcare centre with reduced adjoining residential property boundaries.

Centrally located.

No listed contaminants.

Appropriate scale and configuration.

Suitable separation from incompatible premises.

C3 Site Location

A child care facility should be located:

· near compatible social uses such as schools and other educational establishments, parks and other public open space, community facilities, places of public worship

· near or within employment areas, town centres, business centres, shops

· with access to public transport including rail, buses, ferries

· in areas with pedestrian connectivity to the local community, businesses, shops, services and the like.

The site is located in close proximity to services, community facilities, open space and small community shops.

C4 Environmental Risks

A child care facility should be located to avoid risks to children, staff or visitors and adverse environmental conditions arising from:

· proximity to:

- heavy or hazardous industry, waste transfer depots or landfill sites

- LPG tanks or service stations

- water cooling and water warming systems - odour (and other air pollutant) generating uses and sources or sites which, due to prevailing land use zoning, may in future accommodate noise or odour generating uses

- extractive industries, intensive agriculture, agricultural spraying activities

· any other identified environmental hazard or risk relevant to the site and/ or existing buildings within the site.

The site is not located in proximity to any industrial or known hazardous location.

3.2 Local Character, streetscape and the public domain interface p11-12

C5 Local character and streetscape

The proposed development should:

· contribute to the local area by being designed in character with the locality and existing streetscape

· reflect the predominant form of surrounding land uses, particularly in low density residential areas

· recognise predominant streetscape qualities, such as building form, scale, materials and colours

· include design and architectural treatments that respond to and integrate with the existing streetscape

· use landscaping to positively contribute to the streetscape and neighbouring amenity

· integrate car parking into the building and site landscaping design in residential areas.

The proposal will provide for a positive contribution to the streetscape with landscaping and fencing and visually appealing view from the public domain.

C6 Separation/transition with public spaces

Create a threshold with a clear transition between public and private realms, including:

· fencing to ensure safety for children entering and leaving the facility

· windows facing from the facility towards the public domain to provide passive surveillance to the street as a safety measure and connection between the facility and the community

· integrating existing and proposed landscaping with fencing.

Pool type fencing and landscaping will provide for adequate and attractive separation between the private and public realm.

C7 Legibility of Site

On sites with multiple buildings and/or entries, pedestrian entries and spaces associated with the child care facility should be differentiated to improve legibility for visitors and children by changes in materials, plant species and colours.

The legibility of the access, car park and entry point into the centre re considered acceptable. The proposed shared zone, painted and delineated design will assist. New fencing and landscaping will provide the opportunity to design improvements into the site.

C8 Adjoining public parks, open space or bushland

Where development adjoins public parks, open space or bushland, the facility should provide an appealing streetscape frontage by adopting some of the following design solutions:

· clearly defined street access, pedestrian paths and building entries

· low fences and planting which delineate communal/ private open space from adjoining public open space

· minimal use of blank walls and high fences.

N/A

C9 Fronts and retaining – character of the area

Front fences and walls within the front setback should be constructed of visually permeable materials and treatments. Where the site is listed as a heritage item, adjacent to a heritage item or within a conservation area front fencing should be designed in accordance with local heritage provisions.

A mixture of pool fencing and landscaping will provide suitable visual permeability.

C10 Fencing – Noisy or Classified Roads

N/A

C11 Orientation of development

Orient a development on a site and design the building layout to:

· ensure visual privacy and minimise potential noise and overlooking impacts on neighbours by:

- facing doors and windows away from private open space, living rooms and bedrooms in adjoining residential properties

- placing play equipment away from common boundaries with residential properties

- locating outdoor play areas away from residential dwellings and other sensitive uses

· optimise solar access to internal and external play areas

· avoid overshadowing of adjoining residential properties

· minimise cut and fill

· ensure buildings along the street frontage define the street by facing it

· ensure that where a child care facility is located above ground level, outdoor play areas are protected from wind and other climatic conditions.

Large play areas are generally located adjoining the street areas and are set into the site dropping the areas below residential boundary and open space areas.

Mixed location and orientation of areas available which also allow for shelter under various climatic conditions.

C12 Scale of development – local context

The following matters may be considered to minimise the impacts of the proposal on local character:

· building height should be consistent with other buildings in the locality

· building height should respond to the scale and character of the street

· setbacks should allow for adequate privacy for neighbours and children at the proposed child care facility

· setbacks should provide adequate access for building maintenance

· setbacks to the street should be consistent with the existing character.

Consistent.

C13 Street Setbacks

Where there are no prevailing setback controls minimum setback to a classified road should be 10 metres. On other road frontages where there are existing buildings within 50 metres, the setback should be the average of the two closest buildings. Where there are no buildings within 50 metres, the same setback is required for the predominant adjoining land use.

N/A

C14 Side and Rear Boundary Setbacks

On land in a residential zone, side and rear boundary setbacks should observe the prevailing setbacks required for a dwelling house.

Acceptable.

C15 Built Form - Local Area Character

The built form of the development should contribute to the character of the local area, including how it:

· respects and responds to its physical context such as adjacent built form, neighbourhood character, streetscape quality and heritage

· contributes to the identity of the place

· retains and reinforces existing built form and vegetation where significant

· considers heritage within the local neighbourhood including identified heritage items and conservation areas

· responds to its natural environment including local landscape setting and climate

· contributes to the identity of place.

Discussion on built form and local area character addressed previously – considered acceptable.

C16 Safe Environments

Entry to the facility should be limited to one secure point which is:

· located to allow ease of access, particularly for pedestrians

· directly accessible from the street where possible • directly visible from the street frontage

· easily monitored through natural or camera surveillance

· not accessed through an outdoor play area.

· in a mixed-use development, clearly defined and separate from entrances to other uses in the building.

C17 Accessibility

Accessible design can be achieved by:

· providing accessibility to and within the building in accordance with all relevant legislation

· linking all key areas of the site by level or ramped pathways that are accessible to prams and wheelchairs, including between all car parking areas and the main building entry

· providing a continuous path of travel to and within the building, including access between the street entry and car parking and main building entrance. Platform lifts should be avoided where possible

· minimising ramping by ensuring building entries and ground floors are well located relative to the level of the footpath. NOTE: The National Construction Code, the Discrimination Disability Act 1992 and the Disability (Access to Premises – Buildings) Standards 2010 set out the requirements for access to buildings for people with disabilities.

Cut and fill to the site ensures accessibility viable and compliance with the NCC is required.

Achievable.

3.4 Landscaping p15

C18 Landscape Design

Appropriate planting should be provided along the boundary integrated with fencing. Screen planting should not be included in calculations of unencumbered outdoor space. Use the existing landscape where feasible to provide a high quality landscaped area by:

· reflecting and reinforcing the local context

· incorporating natural features of the site, such as trees, rocky outcrops and vegetation communities into landscaping.

Landscape plan provided and considered acceptable.

C19 Landscaping – car parking

Incorporate car parking into the landscape design of the site by:

· planting shade trees in large car parking areas to create a cool outdoor environment and reduce summer heat radiating into buildings

· taking into account streetscape, local character and context when siting car parking areas within the front setback

· using low level landscaping to soften and screen parking areas.

Adequate trees proposed.

3.5 Visual and Acoustic Privacy p15-16

C20 Privacy and Security of children

Open balconies in mixed use developments should not overlook facilities nor overhang outdoor play spaces.

C21 Privacy - Indoor and Outdoor Areas

Minimise direct overlooking of indoor rooms and outdoor play spaces from public areas through:

· appropriate site and building layout

· suitably locating pathways, windows and doors

· permanent screening and landscape design.

Set into site no significant impacts anticipated

C22 Visual Privacy

Minimise direct overlooking of main internal living areas and private open spaces in adjoining developments through:

· appropriate site and building layout

· suitable location of pathways, windows and doors

· landscape design and screening.

Set into site no significant impacts anticipated.

C23 Acoustic Privacy

A new development, or development that includes alterations to more than 50 per cent of the existing floor area, and is located adjacent to residential accommodation should:

· provide an acoustic fence along any boundary where the adjoining property contains a residential use. (An acoustic fence is one that is a solid, gap free fence).

· ensure that mechanical plant or equipment is screened by solid, gap free material and constructed to reduce noise levels e.g. acoustic fence, building, or enclosure.

Solid fencing proposed and acoustic treatment conditioned.

C24 Acoustic Assessment

A suitably qualified acoustic professional should prepare an acoustic report which will cover the following matters:

· identify an appropriate noise level for a child care facility located in residential and other zones

· determine an appropriate background noise level for outdoor play areas during times they are proposed to be in use

· determine the appropriate height of any acoustic fence to enable the noise criteria to be met.

Not considered necessary given the solid gap free fencing and acoustic treatment adjoining the residential boundaries.

Building set into site with significant cut and larger play areas located adjoining roads.

Significant setbacks and sleeping areas proposed adjoining residential boundaries.

3.6 Noise and air pollution p17

C25 Outside Noise Levels

Adopt design solutions to minimise the impacts of noise, such as:

· creating physical separation between buildings and the noise source

· orienting the facility perpendicular to the noise source and where possible buffered by other uses

· using landscaping to reduce the perception of noise

· limiting the number and size of openings facing noise sources

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

· using materials with mass and/or sound insulation or absorption properties, such as solid balcony balustrades, external screens and soffits

· locating cot rooms, sleeping areas and play areas away from external noise sources.

N/A

C26 Noise Levels – Sleeping Areas

An acoustic report should identify appropriate noise levels for sleeping areas and other non play areas and examine impacts and noise attenuation measures where a child care facility is proposed in any of the following locations:

- on industrial zoned land

- where the ANEF contour is between 20 and 25, consistent with AS 2021 – 2000

- along a railway or mass transit corridor, as defined by State Environmental Planning Policy (Infrastructure) 2007

- on a major or busy road

- other land that is impacted by substantial external noise.

N/A

C27 Noise Impacts – External Sources

Locate child care facilities on sites which avoid or minimise the potential impact of external sources of air pollution such as major roads and industrial development

N/A

C28 Air Quality Assessment

A suitably qualified air quality professional should prepare an air quality assessment report to demonstrate that proposed child care facilities close to major roads or industrial developments can meet air quality standards in accordance with relevant legislation and guidelines.

N/A

3.7 Hours of operation p18

C29 Amenity of Neighbouring Residential Developments

Hours of operation within areas where the predominant land use is residential should be confined to the core hours of 7.00am to 7.00pm weekdays. The hours of operation of the proposed child care facility may be extended if it adjoins or is adjacent to non-residential land uses.

Complies

C30 Mixed use and Commercial Areas

N/A

3.8 Traffic, parking and pedestrian circulation p18-19

C31 Off-street Car Parking

Off street car parking should be provided at the rates for child care facilities specified in a Development Control Plan that applies to the land.

Where a Development Control Plan does not specify car parking rates, off street car parking should be provided at the following rates:

Within 400 metres of a metropolitan train station:

· 1 space per 10 children

· 1 space per 2 staff. Staff parking may be stack or tandem parking with no more than 2 spaces in each tandem space.

In other areas:

· 1 space per 4 children.

A reduction in car parking rates may be considered where:

· the proposal is an adaptive re-use of a heritage item

· the site is in a B8 Metropolitan Zone or other high density business or residential zone

· the site is in proximity to high frequency and well connected public transport

· the site is co-located or in proximity to other uses where parking is appropriately provided (for example business centres, schools, public open space, car parks)

· there is sufficient on street parking available at appropriate times within proximity of the site.

Complies and Suitable parking provided in accordance with Council’s DCP.

C32 Commercial, Industrial, Mixed Use Zones

N/A

C33 Traffic and Parking Assessment

A Traffic and Parking Study should be prepared to support the proposal to quantify potential impacts on the surrounding land uses and demonstrate how impacts on amenity will be minimised. The study should also address any proposed variations to parking rates and demonstrate that:

· the amenity of the surrounding area will not be affected

· there will be no impacts on the safe operation of the surrounding road network.

Considered and assessed by Council’s engineers- acceptable.

C34 Access to site - Vehicles

Alternate vehicular access should be provided where child care facilities are on sites fronting:

· a classified road

· roads which carry freight traffic or transport dangerous goods or hazardous materials. The alternate access must have regard to:

· the prevailing traffic conditions

· pedestrian and vehicle safety including bicycle movements

· the likely impact of the development on traffic.

N/A

C35 Narrows Road and Cul-de-sac

Child care facilities proposed within cul-de-sacs or narrow lanes or roads should ensure that safe access can be provided to and from the site, and to and from the wider locality in times of emergency.

N/A

C36 Access to the site – Pedestrians

The following design solutions may be incorporated into a development to help provide a safe pedestrian environment:

· separate pedestrian access from the car park to the facility

· defined pedestrian crossings included within large car parking areas

· separate pedestrian and vehicle entries from the street for parents, children and visitors

· pedestrian paths that enable two prams to pass each other

· delivery and loading areas located away from the main pedestrian access to the building and in clearly designated, separate facilities

· in commercial or industrial zones and mixed use developments, the path of travel from the car parking to the centre entrance physically separated from any truck circulation or parking areas

· vehicles can enter and leave the site in a forward direction.

Acceptable

C37 Access to the site – Mixed Use Developments

N/A

C38 Car Parking Design

Car parking design should:

· include a child safe fence to separate car parking areas from the building entrance and play areas

· provide clearly marked accessible parking as close as possible to the primary entrance to the building in accordance with appropriate Australian Standards

· include wheelchair and pram accessible parking.

Play areas are separated from the carpark areas. Condition to be applied provide a pool style gated fenced area along the front entry way to prevent children entering carpark areas direct from the foyer.

Accessible access proposed.

Port Macquarie-Hastings Local Environmental Plan 2011

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

Clause 2.2, the subject site is zoned R1 General Residential. In accordance with clause 2.3(1) and the R1 zone landuse table, the proposed development for a childcare centre is a permissible landuse with consent.

The objectives of the R1 zone are as follows:

o To provide for the housing needs of the community within a low density residential environment.

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

o To provide for low density housing that does not compromise the environmental, scenic or landscape qualities of land.

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

o the proposal is a permissible landuse;

· Clause 4.3, the maximum overall height of the building above ground level (existing) is 8.2m which complies with the standard height limit of 8.5m applying to the site.

· Clause 4.4, the floor space ratio of the proposal is 0.36:1.0. Which complies with the maximum FSR of 0.65:1 applying to the site

· Clause 5.9 - The proposed development proposes to remove all trees on the site including 3 Tallowwoods during the construction of the development. Compensatory planting at a rate of 2 per tree is proposed

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

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

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

None applicable.

(iii) any Development Control Plan in force:

Port Macquarie-Hastings Development Control Plan 2013

Requirement

Proposed

Complies

2.2 Advertising and signage

The signage is primarily intended to identify the business. The signage does not project above or the side of building facades.

No illumination of signage is proposed.

Yes

2.3 Environmental Management

Cut and fill. The development will require cut and fill to level the building site and create a level building foundation for construction. The development will implement the appropriate erosion and sedimentary control measures during the construction phase.

Hollow bearing trees – The development will not involve the removal of hollow bearing trees.

It is recommend that a condition be imposed to require offset planting.

Yes

2.5 Transport, Traffic Management, Access and Carparking

Parking is specified at 1 space per 4 children plus set down and pick up area. The proposed development will have a maximum of 128 child places and will require 32 spaces plus 1 space to support the manager.

36 off-street parking spaces are proposed.

There is also opportunity to provide for an informal set down pick up area within the driveway egress.

Satisfactory landscaping is proposed to soften the impact of the at-grade carparking area and building on the site.

Refer to further comments later in report addressing traffic and access.

Yes

2.7 Social Impact Assessment and Crime Prevention

The DCP requires a social impact assessment to be submitted in accordance with the Council’s Social Impact Assessment Policy. For a child care centre catering for greater than 20 children and within a residential area should provide a social impact comment. Satisfactory information has been submitted in this regard.

No adverse crime risk potential identified with design layout of the centre. Adequate boundary fencing is provided and the centre has been designed to provide surveillance of outdoor areas.

Yes

With respect to the 1-bedroom manager’s residence component of the development, an appropriate level of amenity is considered to be provided. The dwelling has a private courtyard with northern orientation and is capable of supporting outdoor recreation and utilities.

(iiia) any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4:

Nil

iv) any matters prescribed by the Regulations:

New South Wales Coastal Policy:

The proposal is not at odds with the Coastal Policy. Relevant matters are considered under SEPP 71 comments.

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

Context and Setting

The site has a general westerly street frontage orientation to Ngamba Place and is located on the corner of Ngamba Place and Bundarra Way.

The site is located centrally within the Bonny Hills area. The site is located in an area that is predominately residential dwellings to the east, west to the north on the opposite side of the Ocean Drive.

The proposed building is single and two storey adopting appropriate front building setbacks .The building form is well articulated with a clear entrance defined from the proposed at grade carpark.

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 compatible with existing 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 is proposed.

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

Roads

The site has road frontage to the West on Ngamba Place and a strip of land (lot 2 DP 825021) between the development lot and Bundarra Way to the South. Consolidation of these two lots are not a requirement of this application.

Ngamba Place is currently a sealed road consisting of approximately 6m sealed pavement with 1m gravel shoulders on each side, inside a reserve of 20m and is considered a local access street.

Bundarra Way is a sealed road consisting of approximately 7m sealed pavement inside a 19m reserve with lay back kerb either side of the road formation and is considered a local street.

Traffic and Transport

The application includes Traffic Impact Assessment prepared by King and Campbell, February 2018.

For the purposes of this development it is assumed that the proposed 128 space child care centre will be a long-day care centre. It is estimated that 100% of the attendees will arrive between the morning peak of 7am and 9am with 30% leaving between 2:30pm and 4pm with the remaining 70% of attendees leaving between 4pm and 6pm.

The proposal is therefore considered to generate peak vehicle trips based on the RMS’s Guide for mean peak generation rates as follows:

· 7am to 9am – (0.8 of 128) 103 trips;

· 2:30pm to 4pm – (0.3 of 128) 39 trips; and

· 4pm to 6pm – (0.7 of 128) 90 trips.

From the above information it was determined that the AM peak would have the greatest impact on the road network and as such was adopted as the basis for the intersection modelling.

Trip generation calculations were undertaken as part of the Traffic Impact Assessment based on the above assumptions and information from the RMS guide which determined that the development is expected to generate 103 peak hour trips during the morning peak. The 103 Peak hour trips were split evenly between inward and outward bound trips to accommodate the expected traffic flows of a childcare facility.

Calculations were undertaken as part of the traffic impact assessment to determine the capacity of the road network to cater for the proposal. The assessment found that for Ngamba Place, the existing peak hour traffic is around

· AM peak hour (7:30-8:30am), 6 southbound trips per hour, and 55 northbound trips.

These numbers are consistent with Council data.

In line with Table D1.5 Characteristics of Roads in Residential Subdivision Road Networks the addition in traffic associated with the development is unlikely to have any adverse impacts to the existing road network within the immediate locality. However Council staff consider that intersection improvement works are required at the intersection of Ngamba Place & McGilvray Road to accommodate the safe access of vehicles due to the increase in traffic associated with the proposed development. Refer to recommended conditions of consent.

Site Frontage and Access

Vehicular access to the site is proposed through one access driveway to Ngamba Place. The access can comply with Council AUS-SPEC and Australian Standards, and conditions have been imposed to reflect these requirements. The detailed design will need to be lodged with and approved by Council prior to the issue of the Construction Certificate for the building, and works completed and accepted by Council prior to Occupation Certificate.

During the exhibition period, public submissions raised concern regarding safe pedestrian and vehicular access to the facility in regards to the current condition of the intersection at Ngamba Place and Bundarra Way. Conditions have been imposed to allow provision lay back kerb and gutter along the full frontage of Ngamba Place and Bundarra Way connecting to existing kerb and gutter adjacent to lot 2 DP1079630 (6 Bundarra Way). The kerb is to be positioned 4.5m from the centre line of Ngamba Place with road widening adjacent to the kerb in accordance with Council AUS-SPEC standards allowing for on street parking on Ngamba Place. The proposed footpath invert radius (4m) has been designed to accommodate the existing manhole.

Concrete footpath paving (minimum 1.5m wide) along the full frontage of Ngamba Place is required due to the size and nature of the facility allowing for safe pedestrian access.

Parking and Manoeuvring

Table 2.5.1 of the DCP requires parking to be provided at a rate of 1 space per 4 children. The proposed Centre Based Child Care Facility seeks to accommodate a total of 128 children in total and therefore generates a total parking demand of 36 spaces. The architectural plans submitted as a part of this application demonstrates the sites ability to accommodate a total of 36 spaces on-site including 1 disability compliant space and loading/set down area.

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 without reversing or exiting the car parking facility whilst looking for a parking space internally. In addition, AS 2890 provides that this facility is Class 3 (a high-turnover facility) requiring larger aisles and parking spaces.

Surplus parking demands can be accommodated on Ngamba Place, within walking distance with footpath provisions and layback kerb for access.

Utilities

Telecommunication and electricity services are available to the site. The developer will need to contact the utilities providers to determine their requirements before the site can be serviced.

Stormwater

The site naturally grades towards the Ngamba Place street frontage and is currently un-serviced. The legal point of discharge for the proposed development is defined as direct connection into the proposed 375mm pipe along Ngamba Place.

A detailed site stormwater management plan will be required to be submitted for assessment with the Local Government Act (s68) and Roads Act (s138) applications prior to the issue of a CC.

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

· On site stormwater detention facilities to conform to AUS-SPEC D5

· Water quality controls to comply with AUS-SPEC D7

Refer to recommended conditions of consent.

Water Supply Connection

Council records indicate that proposed Lot 1 does not currently have a metered water service. Final water service sizing will need to be determined by a hydraulic consultant to suit the domestic and commercial components of the development, as well as fire service and backflow protection requirements in accordance with AS3500.

The existing water hydrant must be relocated clear of the proposed driveway at no cost to Council.

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

The majority of trees located on site are proposed to be removed. The trees proposed to be removed have been marked on the landscape plan. The removal of these trees has been considered by JB Enviro as a part of the Statutory Ecological Impact Assessment which has been referred to Council’s ecologist who has concurred with the proposal and applied conditions of consent. Compensatory tree planting is proposed to be provided.

Waste

Satisfactory arrangements are in place for proposed storage and collection of waste and recyclables. A private waste collection service is recommended. An appropriate condition is recommended in this regard. 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 Section J of the Building Code of Australia. No adverse impacts anticipated.

Noise and vibration

Noise during the operation of the child care centre will come from children, parents and staff during the operating hours. Noise emitted would be sporadic depending on time of day and particularly whether children are using the outdoor play areas. Noise at the boundary of adjoining properties is likely to be acceptable having regard for the residential uses, the typical hours of operation (no weekend operations), the site being adjacent to a busy road – Ocean Drive and the wider general acceptance of co-existence of child care centres, schools and the like within a residential neighbourhood. No recommended conditions are considered necessary to restrict the hours of outdoor play.

A condition is recommended to restrict construction to standard construction hours.

Bushfire

The site is identified as being bushfire prone and the application has been referred to the Rural Fire Service who have issued a bushfire authority with conditions.

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. An on-site manager will further assist in managing this issue.

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
Traffic numbers and air quality and noise generated by the carpark	Traffic numbers and movements have been assessed by Council’s engineers and considered that the road network has the capability of supporting the proposed development. It is not considered that traffic emissions will be excessive so as to require pollution treatment. Given the relatively short window of peak traffic movements and operating hours not commencing until 7am, the anticipated noise generated by the development is not considered likely to create undue noise nuisance to adjoining properties. Impacts are considered to be balanced by the site not being in use on weekends. The cutting in of the development into the site, setbacks and room placement also assists in ameliorating impacts form both traffic and general use of the site.
Overshadowing- negative impacts	It is considered that that with the orientation of the development to the west of the adjoining approved multi dwelling residential development, building setbacks of 5.3 m and building height less than 8. 5m, there will not be significant adverse overshadowing impacts. A detailed overshadowing analysis is not considered to be justified noting the development/site attributes.
Safe kerb and gutter should be constructed on Bundara Way	The site is unusual in that there is a thin piece of land that cannot be developed. The site has been examined by Council’s engineers and it is considered reasonable that the kerb and gutter be completed to close off the final piece of road/stormwater network. See engineering comments above and recommended conditions of consent.

(e) The Public Interest:

The proposed development satisfies relevant planning controls and is unlikely to impact on the wider public interest. The provision of child care centres are considered to be an important element in a growing community such as Bonny Hills

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 7.11 and 7.12 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 4.15 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. DA2018 - 130.1 Plans

2 View. DA2018 - 130.1 Recommended Conditions

3 View. DA2018 - 130.1 Submission - Rixon

4 View. DA2018 - 130.1 Submission - Smallwood

AGENDA Development Assessment Panel 27/06/2018

Item: 06

Subject: DA2017 - 885.1 Tourist And Visitor Accommodation - Lot 331 DP828346, Lot 24 DP 22883, 14-20 Flynn Street, Port Macquarie

Report Author: Benjamin Roberts

Applicant: Builtsmart Group Pty Ltd

Owner: Permanent Trustee Australia Ltd

Estimated Cost: $10,942,792

Parcel no: 6779, 6782

Alignment with Delivery Program

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

RECOMMENDATION

1. That DA2017 – 885.1 for tourist and visitor accommodation at Lot 331, DP 828346 and Lot 24, DP 22883, No. 14-20 Flynn Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

2. That the Koala Plan of Management be approved in granting consent to the development application.

Executive Summary

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

Following exhibition of the application, five (5) submissions have been received.

The application was considered at Council’s development assessment panel on 13 June 201, where it was resolved:

“That DA2017 – 885.1 for tourist and visitor accommodation at Lot 331, DP 828346 and Lot 24, DP 22883, No. 14-20 Flynn Street, Port Macquarie, be deferred to enable the applicant to address the following:

1. To review the proposed pathways and parking areas adjacent to the Wrights Creek environs to determine the level of risk to persons and property is acceptable. This includes the access/pathways to villas 56, 57 and 58.

2. To provide details satisfying the proposed draft conditions of consent B25, B26, and B27.

The applicant has submitted additional information and revised plans in response to the reasons for deferral. The additional information and revised plans are attached to this report. Council technical staff have reviewed the additional information and provided further comment under clause 7.3 heading of Port Macquarie-Hastings Local Environmental Plan 2011 within this report.

1. BACKGROUND

Existing sites features and surrounding and existing development

The site comprises two separate parcels being; Lot 331 DP 828346 and Lot 24 DP 22883 with a combined land area of 18,053.87m². The property is relatively flat with Wrights Creek traversing its eastern portion.

The site currently comprises a four (4) storey serviced apartment building fronting Flynn Street, comprising sixty (60) serviced apartments in three blocks with basement parking, swimming pool and children’s playground area.

These existing buildings and amenities were constructed as part of the first stage of a development consent issued by Council on 19 February 2003 for a tourist accommodation complex (DA2002/920). This consent provides for a further 4 detached buildings (4 storeys in height)) which have not yet commenced. A copy of the approved site plan is reproduced below for reference:

The subject development application seeks to modify the remaining development approval by incorporating 59 new villa style apartment buildings with at-grade parking in lieu of the remaining stages of the commenced development consent.

The site is highly modified in terms of vegetation however scattered trees exist throughout with evidence of remnant riparian vegetation adjoining Wrights Creek.

Adjoining the site to the east is a mixture of both 3 and 4 storey walk up style apartment and commercial buildings fronting Pacific Drive and Flynn Street. Adjoining the site immediately to the north is Council owned land containing the Wrights Creek riparian corridor. Adjoining development to the northeast comprises a mixture of 3 to 4 storey unit buildings. Adjoining development to the northwest is 3 storey unit complex with single storey dwellings further along the northern side of Flynn Street. Adjoining the site to the west is a combination of both 2 and 3 storey unit complexes. Adjoining the site to the south is a manufactured home estate often referred to as “Taskers Village” comprising single storey cabin style manufactured homes.

The site is zoned R3 Medium Density and E2 Environmental Conservation 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:

· Selective tree removal, including 8 Koala feed trees.

· Construction of fifty-nine (59) cabin style villas for tourist accommodation use.

· Construction of at-grade parking.

· Internal alterations to existing building to convert existing sales area into two 1xbedroom units, convert existing reception area to administration area and convert existing recreation area and a unit into a sales area.

· Construction of ancillary café, reception and office building.

· Construction of ancillary recreational facilities including BBQ and utility pavilions.

· Construction of ancillary maintenance and staff amenities.

· Retention and enhancement of riparian corridor adjoining Wrights Creek.

Refer to attachments at the end of this report.

Application Chronology

· 4 October 2017 – Application lodged.

· 26 October to 24 November 2017 – Public exhibition.

· 12 October 2017 – Referral to NSW Rural Fire Service.

· 12 October 2017 – Referral to NSW Office of Water.

· 20 October 2017 – Applicant advised that flood impact assessment deficient. Additional information required.

· 17 November 2017 – Revised flood impact assessment lodged.

· 21 November 2017 – Additional information request to applicant.

· 28 November 2017 – Bushfire Safety Authority received from NSW Rural Fire Service.

· 11 December 2017 – Applicant advised that revised flood impact assessment still deficient. Additional information required.

· 19 January 2018 – Additional information request. Stormwater concept modelling and onsite detention facility details.

· 23 January 2018 – Revised flood impact assessment, cost breakdown, Arborist report, Koala Plan of Management, revised plans lodged.

· 1 February 2018 – Additional information request. Traffic, parking, compensatory plantings and Asset Protection Zone conflicts.

· 6 February 2018 – Revised stormwater management plan with details.

· 13 February 2018 – Additional information request. Ecological assessment deficient, Asset Protection Zone requirements conflict with compensatory replanting proposed under Koala Plan of Management, Vegetation Management Plan deficient.

· 14 February 2018 – Traffic movement data provided.

· 6 March 2018 – Traffic and parking response with revised plans provided.

· 8 March 2018 – Revised ecological assessment provided.

· 14 March 2018 – Revised Koala Plan of Management provided.

· 16 March 2018 – Koala Plan of Management referred to NSW Planning.

· 16 March 2018 – Bushfire advice provided surrounding compensatory replanting.

· 19 April 2018 – Further flooding advice lodged.

· 30 April 2018 – Applicant advised that revised flood impact assessment is still deficient and fails to address previous concerns.

· 2 May 2018 – Advice from NSW Department of Planning advising Koala Plan of Management approved.

· 14 May 2018 – Advice from NSW Office of Water with General Terms of Approval.

· 15 May 2018 – Additional flood information lodged.

· 16 May 2018 – Applicant advised information still deficient and that additional data and information to be incorporated into a revised flood impact assessment.

· 21 May 2018 – Revised flood impact assessment lodged.

· 22 May 2018 – Applicant advised flooding impacts still not adequately addressed.

· 1 June 2018 – Advice from applicant and revised plans received with villas (V60, V61 and V62) on the eastern side of Wrights Creek removed from application.

· 13 June 2018 – Development Assessment Panel meeting. Application deferred.

· 15 June 2018 – Additional information submitted addressing reasons for deferral.

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) any Environmental Planning Instrument:

State Environmental Planning Policy No. 44 - Koala Habitat Protection

The land is greater than one hectare in size and this policy applies.

The policy outlines a three step process for determining a development application, as follows:

· Is the land potential koala habitat (Clause 7)?

· Is the land core koala habitat (Clause 8)?

· Can development consent be granted in relation to core koala habitat (Clause 9)?

Consistent with clause 7 of this policy and before Council may grant consent to an application for consent to carry out development on land to which this Part applies, it must satisfy itself whether or not the land is potential koala habitat.

Potential koala habitat is defined as:

“potential koala habitat means areas of native vegetation where the trees of the types listed in Schedule 2 constitute at least 15% of the total number of trees in the upper or lower strata of the tree component”.

Trees listed in Schedule 2 are:

Scientific Name	Common Name
Eucalyptus tereticornis	Forest red gum
Eucalyptus microcorys	Tallowwood
Eucalyptus punctata	Grey Gum
Eucalyptus viminalis	Ribbon or manna gum
Eucalyptus camaldulensis	River red gum
Eucalyptus haemastoma	Broad leaved scribbly gum
Eucalyptus signata	Scribbly gum
Eucalyptus albens	White box
Eucalyptus populnea	Bimble box or poplar box
Eucalyptus robusta	Swamp mahogany

Of the schedule 2 species both Tallowwood and Swamp mahogany were recorded on the site. There were 21 Tallowwoods and 31 Swamp Mahogany trees recorded to which the ecologist concluded they were likely to constitute 15% of the total number of trees and therefore qualify as potential koala habitat.

Consistent with clause 8 of this policy and before a Council may grant consent to an application to carry out development on land to which this Part applies, to which it is satisfied is a potential koala habitat, it must satisfy itself whether or not the land is core koala habitat. A council may satisfy itself as to whether or not land is core koala habitat only on information obtained by it, or by the applicant, from a person with appropriate qualifications and experience in biological science and fauna survey and management.

Core koala habitat is defined as follows:

“core koala habitat means an area of land with a resident population of koalas, evidenced by attributes such as breeding females (that is, females with young) and recent sightings of and historical records of a population”.

Based on historical information and information provided by an appropriately qualified person engaged by the applicant, there is anecdotal evidence that there is a resident koala on the site and Council is satisfied that the land is core koala habitat.

If the Council is satisfied that the land is core koala habitat, it must comply with clause 9. This clause provides that before Council may grant consent to a development application for consent to carry out development on land to which this part applies, there must be a plan of management prepared and the Council’s determination of the development application must not be inconsistent with the plan of management.

The application was supported by a Koala Plan of Management (KPOM) prepared by Biolink Ecological Consultants which has been prepared in accordance with the published guidelines. The KPOM lodged was revised following a request by Council to address concerns surrounding proposed offset replanting’s and conflict with required Asset Protection Zones (APZ). Consistent with clause 13, the revised KPOM, dated March 2018, was referred to and approved by the Director of NSW Department of Planning. The Departments letter advises Council to ensure conditions of consent reflect the management provisions outlined in the Part B of the KPOM and the action plan and monitoring program as detailed in parts five and six of the associated Vegetation Management Plan (VMP). Suitable conditions have been recommended reinforcing that these provisions form part of any consent issued.

The Department’s letter also pointed out that the KPOM indicates a total of eight primary koala feed trees will be removed, while supporting information dated 23 January 2018 indicates eleven primary koala feed trees will be removed. The Department advised Council to ensure that prior to determining the development application, the total number of primary koala feed trees to be removed be confirmed and that all primary koala feed trees to be removed are replaced at the specified three to one replacement ratio.

A review of the information provided and referenced has confirmed that eight (8) koala feed trees are proposed to be removed consistent with that stipulated in the KPOM and the tree removal/retention plan. Specifically koala trees to be removed are those numbered 25, 26 (comprising a clump of 6 trees) and 44 as indicated in the tree/removal retention plan. The supporting information prepared by Ann Clements and dated 23 January 2018, referenced by the Department, is outdated. Specifically the proposal was revised to incorporate a change to footing and pier design of cabins enabling retention of additional koala food trees.

Consistent with clause 9 and subject to the imposition of conditions, Council staff are satisfied that the development proposal is not inconsistent with the koala plan of management.

Council staff do not have delegation to approve a KPOM and hence the recommendation for DAP to approve this aspect (ie DAP has delegation to approve KPOMs).

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.64 – Advertising and Signage

No signage or advertising is proposed. Internal signage conditioned to be installed for environmental/educational awareness will not be visible from the public domain and is considered consistent with the aims and objectives of this policy.

State Environmental Planning Policy No. 71 – Coastal Protection

State Environmental Planning Policy No. 71 – Coastal Protection and Clause 5.5 of Port Macquarie-Hastings Local Environmental Plan 2011. The site is located within a coastal zone as defined in accordance with clause 4 of SEPP 71.

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

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

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

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

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

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

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

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

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

In particular, the site is located within an area zoned for medium density residential purposes and the riparian corridor is zoned for environmental conservation and shall be protected and enhanced. The requirements of this SEPP are therefore satisfied.

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

The proposal does not contain any dwellings and is not BASIX affected development.

State Environmental Planning Policy (Infrastructure) 2007

Consistent with clause 45 the site contains no easements for electricity or electricity supply infrastructure.

Consistent with clause 104 the proposal is not traffic generating development for the purpose of this policy.

State Environmental Planning Policy (State and Regional Development) 2011

Consistent with clause 20 the proposal is not regionally significant development.

Port Macquarie-Hastings Local Environmental Plan 2011 (LEP 2011)

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

· Clause 2.2, the subject site is zoned R3 Medium Density Residential and E2 Environmental Conservation. The proposed building development is contained to the R3 zoned land. In accordance with clause 2.3(1) and the R3 zone landuse table, tourist and visitor accommodation is a permissible landuse with consent. The proposed café, recreational facilities, reception space and sales room are all ancillary to the primary tourist and visitor accommodation use.

Adjoining the existing building to the east there is an existing driveway and access partly within the E2 zoned land. This driveway is proposed to be formalised by providing a porous paving with access to staff and visitor parking. The existing driveway and access serving the tourist and visitor accommodation is considered to be an existing use under division 4.11 of the Environmental Planning and Assessment Act, 1979. Consistent with Part 5, clause 43 of the Environmental Planning and Assessment Regulation, 2000, a consent may be sought for the alteration and intensification of an existing use. It is considered that providing porous paving to the existing driveway and provision of access to staff and visitor parking is an alteration and intensification to the existing use and is permissible with consent.

The objectives of the R3 zone are as follows:

o To provide for the housing needs of the community within a medium density residential environment.

o To provide a variety of housing types within a medium density residential environment.

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

In accordance with Clause 2.3(2), the proposal is consistent with the R3 zone objectives as it is a permissible landuse and is compatible with the character of the surrounding medium density residential environment.

The objectives of the E2 zone are as follows:

o To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

o To prevent development that could destroy, damage or otherwise have an adverse effect on those values.

o To protect coastal wetlands and littoral rainforests.

o To protect land affected by coastal processes and environmentally sensitive land.

o To prevent development that adversely affects, or would be adversely affected by, coastal processes.

o To enable development of public works and environmental facilities where such development would not have an overall detrimental impact on ecological, scientific, cultural or aesthetic values.

In accordance with clause 2.3(2), the proposal is consistent with the E2 zone objectives in that protection and rehabilitation of the Wright Creek riparian zone is proposed. No buildings are proposed in the E2 zone. The alteration and intensification of the existing driveway and access is limited to the area to which the existing access and driveway is located. Only a very small part of the visitor and staff parking spaces are located in the E2 zone along on the western side of the access driveway. Consistent with the findings of the flora and fauna impact assessment these works will result in no adverse environmental impact to the Wrights Creek riparian corridor.

· Clause 2.7, the part demolition of the existing building for internal alterations forms part of this development application seeking consent.

· Clause 4.1, no subdivision is proposed. A condition of consent is recommended requiring lot consolidation. The minimum lot size provision applicable to the land is 1000m². The consolidated lot would exceed the minimum lot size standard.

· Clause 4.3, the maximum overall height of all buildings proposed above ground level (existing) comply with the maximum building height limit of 11.5m applying to the land.

· Clause 4.4, the floor space ratio of the proposal (inclusive of the existing apartment building) is 0.49:1.0, which complies with the maximum 1:1 floor space ratio applying to the site.

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

· Clause 7.3, the site is mapped as within the “Flood planning area” on the Flood Planning Map as illustrated below:

Consistent with this clause, development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:

(a) is compatible with the flood hazard of the land, and

(b) is not likely to significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

(d) is not likely to significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

(e) is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

The application was supported by a flooding assessment report prepared by GHD dated September 2017. Numerous additional information requests were made to the applicant in an attempt to quantify flood risk and flood impact of the proposed development consistent with Councils adopted flood policy. The most recent flood assessment report prepared by GHD dated May 2018 supports the application.

The site is impacted by localised flooding stemming from the Wrights Creek catchment. The flood characteristics applicable to this site are detailed under the Wrights Creek Flood Study (2007). This flood study and model has been used as the basis of assessment of the development from a floodplain management perspective. The 2007 flood study and model has been used by the consultant to generate a localised TUFLOW model to assess both the impacts of the additional cabins within flood prone areas and evacuation of the site. The TUFLOW model has been updated by incorporating additional feature survey and localised floodplain details.

The development is required to meet the provisions of the Port Macquarie-Hastings Flood Policy (2015). The Flood Policy contains the relevant flood related planning controls applicable to the proposed development. In this regard the development must meet the following prescriptive controls:

· Floor Level

· Flood Proofing

· Flood Impact on Other Properties

· Site Access and Flood Evacuation Requirements

Noting that the three villas (V60, V61 and V62) on the eastern side of Wrights Creek no longer form part of this development application it is considered that:

· The proposal is compatible with the flood hazard of the land.

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

· The proposal incorporates measures to manage risk to life from flood.

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

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

· The impacts of the development on the floodplain are manageable and that no adverse impacts will be experienced both on the subject site and on adjoining land.

Specific conditions have been recommended to ensure flooding impacts are managed in an appropriate fashion. Matters that are capable of being demonstrated to Council prior to the issue of any construction certificate and are recommended as consent conditions include:

· Finished floor level confirmation on numerous ancillary structures including the café building and laundry/staffroom building.

· Specifications and details of the porous pavement material for the driveway and parking located on the eastern side of the existing resort structure to ensure it is appropriate given its located partially within designated floodway.

· Confirmation that no obstructions or land reshaping will occur for the proposed driveway located on the eastern side of the existing resort structure.

· Submission of a detailed flood evacuation plan.

The above requirements are considered achievable with minimal to little change to the design. In particular, the majority of the development meets the necessary floor levels or requires minimal change to meet the floor levels (ie floor levels on some buildings located closer to the creek will need to be raised approx. 1m) - refer to conditions of consent on required floor levels and site survey plan for context.

Council staff have reviewed the additional information and revised plans. Staff are of the view that the flood depth and velocity data confirms that the driveway and parking spaces are acceptable. However, the remaining information only partly addresses the matters stipulated in previously recommended conditions B25, B26 and B27.

With regard to recommended condition B25 the additional information confirms that the driveway and parking spaces are acceptable however it does not confirm that the ground levels are to remain unaltered. This still needs to be stipulated given that the works will be within floodway. Recommended condition B25 has been reworded as follows:

(B25) Detailed plans must be submitted to Council for approval for the driveway on the eastern side of the existing resort building. ~~The detailed plans shall confirm the construction materials that are to be used to ensure that they are capable of withstanding flood forces.~~ The detailed plans must ~~also~~ confirm that ground levels are not altered (i.e. raised) as part of the driveway works. No kerbing or other obstructions to flood flows are permitted to service the driveway areas.

With regard to recommended condition B26 no detail has been provided which confirms where the ‘downstream control’ trigger will be located and it is not clear as to how a level of 11.5m AHD has been adopted as the critical level. Given that in any given flood the floodwaters over the site can vary by approx. 650/750mm (i.e. the flood surface at the upstream boundary can be 750mm higher than the same flood surface at the downstream boundary) it is difficult to determine how a flood trigger located at the downstream boundary will provide for a reliable and failsafe trigger, especially at the upstream boundary. Technical staff have also advised of other minor issues with the submitted flood evacuation report and therefore recommended condition B26 is to remain unchanged.

With regard to recommended condition B27 technical staff have advised that a long section demonstrating that the 1:20 year flood level is achieved for the egress route is specifically required. A boardwalk is shown at 12.10m AHD, however there is no confirmation that the connecting footpath (assumed to be gravel or asphalt) is at or above 12.10m AHD. Therefore recommended condition B27 is to remain unchanged.

Staff are still of the opinion that the details required via these conditions is capable of being demonstrated to Council prior to the issue of any construction certificate.

· Clause 7.4, consistent with subclause 2 this provision does not apply as the land is below the flood planning level. Refer to comments above under clause 7.3.

· Clause 7.5, the site is not mapped as a “Koala habitat area” on the Koala Habitat Map. This clause is not applicable. Refer to comments under State Environmental Planning Policy 44 – koala habitat protection heading.

· Clause 7.13, provides that development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the proposed development are available or that adequate arrangements have been made to make them available when required:

(a) The supply of water,

Comments: Reticulated water supply is existing and available. Council’s water supply section are satisfied that adequate arrangements will be made for the supply of water expected to be generated from the development. Specifically consent conditions have been recommended requiring final water service sizing to be determined by a hydraulic consultant consistent with the requirements of Australian Standard 3500: Plumbing and Drainage with details to be provided as part of the infrastructure construction certificate.

(b) The supply of electricity,

Comments: Electricity supply is existing and available. Council is satisfied that satisfactory arrangements will be made with the electricity service provider to accommodate the proposed development.

Comments: Reticulated sewer supply is existing and available. Council’s sewer supply section are satisfied that adequate capacity is available and arrangements will be made for connection and disposal of sewage expected to be generated from the development. Specifically consent conditions have been recommended requiring sewer reticulation details to be provided as part of the infrastructure construction certificate application.

(d) Stormwater drainage or on-site conservation,

Comments: A stormwater management plan has been submitted demonstrating how the site is proposed to be drained to Wrights Creek. The proposal includes the provision of a number of proprietary gross pollution traps which have been sized to treat stormwater runoff such that the site meets the discharge parameters of AUSPEC D7. Conceptual modelling has been submitted to demonstrate compliance in this regard.

The stormwater management plan also demonstrated how on-site stormwater detention facilities can be incorporated into the proposed development, providing two options. In particular, the plan indicates that the required onsite detention volume can be accommodated within either a large end of line basin beneath the common driveway area or within numerous individual tanks located within the deck area of each proposed holiday unit. Either solution is acceptable from an AUSPEC compliance perspective.

Council’s stormwater engineer is satisfied that adequate arrangements will be made for stormwater drainage and onsite detention for the proposed development. Specifically consent conditions have been recommended requiring a detailed site stormwater management plan to be submitted for assessment with the S.68 application and prior to the issue of a Construction Certificate.

(e) Suitable road access.

Comments: Suitable road access is existing via Flynns Street.

· Council staff are satisfied that satisfactory arrangements are in place for the provision of essential services.

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

State Environmental Planning Policy (Coastal Management) 2018

This policy commenced on 3 April 2018. The development application was lodged 4 October 2017. Consistent with the savings and transitional provisions the former planning provisions continue to apply (and this policy does not apply) to a development application lodged, but not finally determined, immediately before the commencement of this Policy in relation to the land to which this Policy applies. Refer to comments under SEPP 71 – Coastal Protection heading of this report

(iii) Any Development Control Plan in force:

Port Macquarie-Hastings Development Control Plan 2013

*DCP 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.	Site analysis plan provided.	Yes
3.3.2.3	Statement addressing site attributes and constraints submitted.	Suitable statement of environmental effects provided.	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.	The proposed buildings are located behind the existing building and setback approximately 50m from the front boundary.	Yes
3.3.2.5	Balconies and building extrusions can encroach up to 600mm into setback.	No balconies proposed in front setback.	N/A
	Buildings generally aligned to street boundary.	Buildings proposed behind existing building line.	N/A
	Primary openings aligned to street boundary or rear of site.	Openings of each villa building front pathway
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 villas along the western side boundary are 1m to villa 18 and 1.133m to villas 15, 16 and 17. Eastern side setback is approximately 40m to villa 59.	No but considered acceptable noting the intent of the side setback requirement being applicable to residential flat buildings. The proposed villas are of a scale and nature (ie similar to dwellings that only need a 900mm setback) that allows adequate natural light and ventilation between buildings and private open space areas.
	Side walls adjacent to existing strata-titled buildings should be articulated and modulated to respond to the existing buildings.	No extended wall lengths proposed along side boundaries.	N/A
	Min. 6m rear setback (including sub basements)	Rear setback varies from minimum 1.095m out to 4.394m. Refer to site plan.	No but considered acceptable. Larger setbacks have been provided to other boundaries and no adverse overshadowing or privacy impacts to adjoining dwellings/units have been identified that would warrant refusal of the application.
3.3.2.7	A party wall development may be required if site amalgamation is not possible and higher density development is envisaged by these controls.	No zero side setbacks proposed. No party walls proposed or required.	N/A
3.3.2.8	Party wall development can occur only with the agreement and consent of the adjoining property owner. Exposed party walls should be finished in a quality comparable to front facade finishes.	No party walls proposed.	N/A
3.3.2.9	Corner sites consolidated with adjacent land where possible.	The site is not a corner site.	N/A
3.3.2.9	Where consolidation not possible a minimum setback of 6m should extend to secondary street (see Fig 3.3-2 and 3.3-3).	The site is not a corner site.	N/A
3.3.2.10	Where sites adjacent to open space are to be developed the edge of the open space should be defined with a public road and buildings address the open space.	The site does not adjoin any areas of public open space.	N/A
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).	The proposal does not include any residential flat buildings but rather individual villa type buildings at grade providing for greater retention of trees and landscaping. The landscaping treatment and specifically retention and enhancement of the Wrights Creek riparian corridor will provide a better outcome than a 6m wide deep soil zone.	Yes
3.3.2.12	Deep soil zones accommodate existing advanced trees, and allow for advanced tree planting.	The proposal has been designed to accommodate retention of advanced Koala trees. Where not possible advanced compensatory re-planting is proposed.	Yes
3.3.2.13	Deep soil zones integrated with stormwater management measures.	Stormwater to be directed to Wrights Creek, the site of replanting and enhancement of the riparian corridor.	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.	The single and double storey design of villa buildings combined with setbacks to boundaries and buildings on adjoining properties will not reduce sunlight to principal areas of ground level private space to less than 3 hours between 9am to 3pm on June 22.	Yes
	Where existing overshadowing by buildings and fences is greater than this, sunlight should not be reduced by more than 20%.	No change to existing buildings or fences that would result in more than 20% further overshadowing impacts.	N/A
	Buildings should not reduce the sunlight available to the windows of living areas that face north in existing adjacent dwellings to less than the above specification.	The single and double storey design of the villa buildings combined with setbacks to boundaries and buildings on adjoining properties will not reduce sunlight available to windows of living areas that face north in adjacent dwellings to less than 3 hours between 9am to 3pm on June 22.	Yes
3.3.2.15	Internal clothes drying space provided (not mechanical).	Sufficient area available within villas to provide for clothes drying.	Yes
	Ceiling fans provided in preference to air conditioning.	Details not provided but given the tourist accommodation use assessment has assumed air conditioning.	Yes
	Solar hot water systems (or equivalent technology) provided.	None proposed. However the proposal is not BASIX affected development.	Yes
	Photovoltaic arrays installed where practical.	None proposed. However the proposal is not BASIX affected development.	Yes
3.3.2.16	Landscape plan provided including: · 35% soft landscaping with minimum width of 3m. · Existing vegetation and proposed treatment. · Details of hard landscaping. · Location of communal recreational facilities. · Species not to obscure doors, paths, etc. · Street trees in accordance with Council’s list.	Landscaping strategy and Vegetation Management Plan (VMP) provides for enhancement of the Wrights Creek riparian corridor and offset plantings for koala food trees.	Yes
3.3.2.17	Existing vegetation to be retained and nutrient-rich water prevented from entering native gardens.	Retention of koala food trees proposed where practical with enhancement of riparian corridor proposed.	Yes
3.3.2.18	Landscape plan to demonstrate how trees and vegetation contribute to energy efficiency and prevent winter shading on neighbouring properties.	Landscaping plan provided is acceptable.	Yes
3.3.2.20	Street trees in accordance with Council’s list.	Having regard to the location of services within the street, street tree planting not considered appropriate. Existing landscaping within the frontage of the site considered acceptable. A condition has been recommended requiring this landscaping to be extended in front of the new visitor parking.	N/A
3.3.2.20	All dwellings at ground floor level have minimum 35m² of private open space, including one area 4m x 4m at maximum grade of 5% and directly accessible from living area.	The villas/apartments are for tourist accommodation use and not permanent dwellings. Adequate communal recreation facilities and areas are proposed.	Yes
3.3.2.20	Separate private open space for any resident manager or permanent occupant of a tourist facility.	No change to existing onsite manager arrangements.	N/A
3.3.2.21	Dwellings on or above first floor to have balconies as follows: · Studio - 4m² · 1 bedroom - 8m², minimum 2m wide · 2 bedroom - 10m², minimum 2m wide · 3 bedroom - 12m², minimum 2.4m wide	No first floor unit balconies proposed. However, it is noted that each villa/apartment is provided with the following: • 1 bedroom – 10.8m² • 2 bedroom – 10.8m² • 3 bedroom – 16.5m² • 4 bedroom – 45m² With minimum widths provided.	Yes
3.3.2.22	Fencing or landscaping defines public/communal and private open space.	All villas/apartments orientated toward communal open space areas including pool and play areas. Private open space contained to deck areas of villas/apartments.	Yes
3.3.2.23	Solid fences should be: · Max. 1.2m high, · Setback 1m, · Suitably landscaped, · Provide 3m x 3m splay.	Front fencing is existing. No change proposed.	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.	Front fencing is existing. No change proposed.	N/A
3.3.2.24	Fencing materials consistent with or complimentary to existing fencing in the street.	Front fencing is existing. No change proposed.	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.	Front fencing is existing. No change proposed.	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.	Buildings are adequately setback from Flynn Street.	Yes
3.3.2.26	Openings of adjacent dwellings separated by at least 3m.	Adequate building separation proposed. Window placement in villas have retained privacy between dwellings/units on adjoining properties.	Yes
3.3.2.27	Building designed so noise transmission between apartments is minimised.	The design of the villa layouts and specifically the deck/open space areas has been orientated toward the centre of the site containing the recreation facilities.	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).	As per above.	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.	There are no noise generating developments within proximity of this site. Further Flynn Street does not experience traffic volumes that would warrant any noise attenuation measures.	Yes
3.3.2.29	Impact of noise from key public places to be considered.	The site does not adjoin any areas of public open space where noise generating activities or events take place.	N/A
3.3.2.30	Direct views between living room windows to be screened where: · Ground floor windows are within 9m of windows in an adjoining dwelling. · Other floors are within a 12m radius. · Living room windows are within 12m radius of the principal area of private open space of other dwellings.	The villas/apartments will not result in any adverse privacy impacts to adjoining dwellings. Specifically the following is noted: - Each villas open space, livings areas and decking is orientated toward the central recreational facilities of the site. - Windows facing side or rear boundaries are to utility, bathrooms or bedrooms only.	Yes
	Direct views may be screened with either a 1.8m high fence or wall, or screening that has maximum 25% openings.	No window screening required having regard to rooms in which the windows serve.	Yes
	Windows in habitable rooms screened if >1m above ground level and wall set back <3m.	No window screening required having regard to rooms in which the windows serve.	Yes
	Balconies, decks, etc screened if <3m from boundary and floor area >3m² and floor level >1m above ground level.	No first floor elevated decks/balconies proposed. No screening required. Each villas open space, livings areas and decking is orientated toward the central recreational facilities of the site away from side or rear boundary.	Yes
3.3.2.31	Developments to be designed in accordance with AS 1428.	Capable of being disabled access compliant. Details to be provided for compliance with Building Code of Australia at construction certificate stage.	Yes
3.3.2.32	Barrier free access to at least 20% of dwellings provided.	Barrier free access provided to at least 20% of villas/apartments.	Yes
3.3.2.33	Developments located close to open space, recreation, entertainment and employment.	The development site is located less than 100m from retail/café spaces located on the corner of Flynn Street & Pacific Drive. Flynns Beach and associated open space area is within 200m.	Yes
3.3.2.33	Where LEP permits FSR > 1:1, FSR not less than 1:1 should be achieved.	FSR of 0.49:1 proposed.	No but having regard to environmental constraints on the site, the proposed FSR is considered acceptable.
3.3.2.34	Variety of types - studio, 1, 2, 3 and 3+ bedroom apartments	The proposal incorporates a range of unit types, featuring 1, 2, 3 and 4 bedroom configurations.	Yes
	Studio and 1 bedroom apartments not > 20% of total number of apartments.	1 bedroom apartments comprise 38% of the total number of apartments	No but considered acceptable given the tourist/short stay use.
	Mix of 1 and 3 bedroom apartments at ground level.	A mixture of 1, 2 and bedroom apartments accessible at ground level.	Yes
3.3.2.35	Council’s Affordable Housing Strategy to be considered for residential flat buildings.	Residential flat building not proposed.	N/A
3.3.2.36	Lift over-runs and plant integrated within roof structures.	Residential flat building not proposed.	N/A
	Outdoor recreation areas on roof tops to be landscaped and incorporate shade structures and wind screens.	Residential flat building not proposed.	N/A
	Outdoor roof areas oriented to the street.	Residential flat building not proposed.	N/A
	Roof design to generate interesting skyline.	Residential flat building not proposed.	N/A
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.	The façade composition of the villas/apartment is acceptable.	Yes
3.3.2.38	Building elements, materials and colours consistent or complimentary to those existing in the street.	Contemporary building elements, materials and colours consistent with existing and within the street.	Yes
3.3.2.39	Entrances clearly identifiable from street level.	No change to exiting entry to the site and main building fronting the site.	N/A
	Entries provide clear transition between public street and shared private circulation spaces/apartments.	Each villa/apartment provided with clearly defined entry point.	Yes
	Entries provide clear line of sight between one circulation space and the next.	Each villa/apartment provided with clearly defined entry point.	Yes
	Entries avoid ambiguous and publicly accessible small spaces in entry areas.	Each villa/apartment provided with clearly defined entry point.	Yes
	Entries sheltered and well lit.	Each villa/apartment provided with clearly defined entry point.	Yes
	Entries and circulation spaces sized for movement of furniture.	Each villa/apartment provided with clearly defined entry point.	Yes
	Corridors minimum 2.5m wide and 3.0m high.	No residential flat building proposed.	N/A
	Corridor lengths minimised and avoid tight corners.	No residential flat building proposed.	N/A
	Longer corridors articulated by: · Changing direction and width. · Utilising series of foyers. · Incorporating windows.	No residential flat building proposed.	N/A
3.3.2.40	Minimum 1 balcony per apartment.	Suitable private open space areas compliant with deck requirements provided to each villa/apartment.	Yes
	Main balcony accessible from living area.	Private open space accessible from main living area.	Yes
	Balconies take advantage of favourable climatic conditions.	Decking open space suitably orientated.	Yes
	Balconies and balustrades balance privacy and views.	Decking open space orientated toward the centre of the site containing recreational facilities. Not orientated to side or rear boundaries.	Yes
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.	While no permanent dwellings are proposed, sufficient area exists to provide open air clothes drying facilities.	Yes
3.3.2.43	Mailboxes integrated into building design and sighted to ensure accessibility and security.	No mailboxes required. Tourist accommodation only.	N/A
3.3.2.44	Public and private space clearly defined.	Public and private space areas clearly defined by existing fencing.	Yes
	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	No change to the existing clearly defined entrances to the site.	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.	Villas/apartments orientated toward the centre of the site containing recreational facilities, which provides suitable casual surveillance.	Yes
	Concealment avoided by: · preventing dark or blind alcoves, · providing lighting in all common areas, · providing graded car parking illumination (greater at entrances).	A Crime Prevention Through Environmental Design assessment was undertaken and supported the application. The recommendations of the assessment have been considered in the design of the development proposal.	Yes
	Access to all parts of the building to be controlled.	No residential flat building proposed.	N/A
3.3.2.45	Accessible storage provided for tenants in basement car park or garages.	No residential flat building proposed.	N/A
3.3.2.45	One bike storage space per dwelling provided.	No residential flat building proposed.	N/A
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.	Private waste collection service to be provided. Suitable areas onsite to accommodate service and bin storage. Condition recommended to require service to be in place prior to issue of any occupation certificate.	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.	See above comments.	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.	See above comments.	Yes
	Evidence provided that site can be serviced by waste collection service.	See above comments.	Yes
3.3.2.47	Common trenching of utility services where possible.	A preliminary servicing plan supported the application which is considered acceptable in principle. Details will be provided with infrastructure construction certificate.	Yes
	Above ground utility infrastructure integrated with building design.	No above ground utilities on the site.	N/A
	Site and individual units numbered.	Apartment/villas will be numbered.	Yes
	Common aerials and satellite dishes provided.	No residential flat building proposed.	N/A

*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	A Crime Prevention Through Environmental Design assessment was undertaken by Barker Ryan Stewart – Total Project Solutions dated September 2017. The recommended strategies are summarised as follows: • Access to the site shall be restricted by perimeter fencing and security gates. • Low level planting shall be maintained in appropriate locations to provide good visibility of the site from surrounding streets, and clear sight lines across the grounds of the resort. • Surveillance of pathways, and concealed areas should be maximised through a combination of CCTV, proper lighting and passive surveillance. • The car park should be well lit at night and covered by CCTV. • Public spaces and private areas will be clearly delineated. • An on-going maintenance plan shall be implemented. It is considered that the recommendations have been incorporated into the design of the development proposal and there is scope for the ongoing management measures to be implemented.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	No cut or fill >1m proposed outside perimeter of external walls.	Yes
2.3.3.2	1m max. height retaining walls along road frontages	No retaining walls proposed.	N/A
	Any retaining wall >1.0 in height to be certified by structural engineer	No retaining walls proposed.	N/A
	Combination of retaining wall and front fence height	No retaining walls proposed. Front fence existing.	N/A
2.3.3.4	For coastal flood plan endangered ecological communities a minimum, fully vegetated buffer of 35m must be provided.	The Wrights Creek riparian corridor was recognised as an Endangered Ecological Community – Swamp Sclerophyll Forest on Coastal Floodplains. It is proposed to retain the EEC with a buffer of 20m each side of the water course as per the recommended 2^nd order creek provisions of the Water Management Act, 2000.	No. However the reduction to the 35m buffer standard is accepted because of the Water Management Act standard and the highly modified nature of the site at present. The active development consent also only provides for a 5m wide corridor on each side of the creek. The ecological impact assessments have concluded that the proposal inclusive of the reduced buffer will not have a significant adverse environmental impact.
	Stormwater management facilities may be considered in buffer area where justified on practical engineering grounds but still consistent with objectives.	The existing stormwater discharges to the Wrights Creek catchment within the buffer area. The preliminary stormwater plans adopt a similar approach.	Having regard to the site constraints, disposal of stormwater in the buffer is accepted as there are no other feasible options available. It is noted that onsite detention forms part of the preliminary stormwater analysis. The ecological impact assessments have concluded that the proposal, inclusive of the stormwater facilities, will not have a significant adverse environmental impact.
	Fully vegetated buffers cannot contain road infrastructure or an asset protection zone.	No roads are proposed. The driveway, visitor and staff parking and part APZ is proposed within the buffer.	Having regard to the highly modified nature of the site at present and proposed retention and enhancement measures allowing these components of the development within in the buffer area is considered reasonable. The ecological impact assessment have concluded that these components, being located within the buffer area, will not have a significant adverse environmental impact.
2.3.3.5	Habitat/vegetation to be lost is to be offset.	Koala food trees to be removed within the development footprint are to be offset with compensatory plantings in suitable locations within the site. Riparian corridor to be retained and enhanced.	Yes
	Improvement and maintenance of existing habitat and corridors first preference.	Riparian corridor to be retained and enhanced.	Yes
	Vegetation Management Plan (VMP) for environmental land to be retained or used to offset.	Vegetation Management Plan (VMP) provided for protection and enhancement of Wrights Creek riparian corridor.	Yes
2.3.3.6	Minimum fully vegetated buffers from top of bank to both sides of a water course as follows: · 10m for 1st order streams that flow intermittently. · 30m for 1st order streams that flow permanently. · 40m for 2nd order streams. · 50m for 3rd order streams. · 65m for 4th order streams.	20m buffer proposed to each side of Wrights Creek which is a 2^nd order stream.	No. However the reduction to the 40m buffer standard is accepted because of the Water Management Act standard and the highly modified nature of the site at present. The active development consent also only provides for a 5m wide corridor on each side of the creek. The ecological impact assessments have concluded that the proposal, inclusive of the reduced buffer, will not have a significant adverse environmental impact.
2.3.3.8 onwards	Removal of hollow bearing trees	A hollow bearing tree assessment was undertaken by a qualified ecologist. Two trees were identified as having hollow bearing potential. Both are to be retained.	Yes
2.4.3.4	Asset Protection Zones to be located outside of environmental protection zones and within private land.	The NSW Rural Fire Service (NSW RFS) have required the whole site, apart from the Wrights Creek corridor, to be managed as an APZ (inner protection area). Part of the Asset Protection Zone will be within the E2 zone.	No however the 10m riparian corridor either side of the creek to be protected and enhanced does not contain any APZ obligation.
2.4.3.5	Development must comply with Council’s Floodplain Management Plan and Flood Policies.	Refer to comments under clause 7.3 of the LEP heading within this report.	Yes
2.4.3.6	All stormwater infrastructure to be designed in accordance with AUSPEC.	Concept stormwater management plan provided. Council’s stormwater engineering has reviewed the plan and advised that the design is suitable and capable of compliance with AUSPEC standards. The specific detailed design is to be provided as part of application for construction certificate.	Yes
2.6.3.1	Tree removal (3m or higher with 100m diameter trunk and 3m outside dwelling footprint	Trees identified in the plan are proposed to be removed. Refer to detailed comments under SEPP 44 and the flora and flora headings of this report for impacts and offset measures.	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	No new access permitted from and arterial or distributor road.	N/A
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking	No new crossovers proposed. Confined to two existing crossovers to Flynn Street.	Yes
2.5.3.3	Off-street parking in accordance with Table 2.5.1: · 1.1 per unit + 1 per 2 employees (onsite at any one time) + 1 for on-site manager.	Existing 60 units + 59 new villas = 119 units x 1.1 = 130.9 spaces. Addition of two new units to existing apartment building = 2.2 spaces. Conversion of 1 unit to sales area within existing building = -1.1 spaces. 10 staff = 5 spaces 1 onsite manager = 1 space A total of 138 spaces required. It is noted that the proposed café is only accessible and available for staying guests. No additional parking demand would be generated from this component.	Yes. There are 61 existing basement parks under the apartment building and 9 existing visitor spaces along the entrance driveway. 70 new parking spaces at grade. A total of 140 spaces are proposed.
2.5.3.5	On-street parking permitted subject to justification	The proposal is not reliant on on-street parking.	N/A
2.5.3.7	Visitor parking to be easily accessible	Visitor parking easily identified and accessible form the Flynn Street.	Yes
	Stacked parking permitted for medium density where visitor parking and 5.5m length achieved	No stacked parking proposed.	N/A
	Parking in accordance with AS 2890.1	Plans indicate parking generally in accordance with AS2890. Suitable condition recommended requiring certification prior to issue of construction certificate.	Yes
2.5.3.9	Bicycle and motorcycle parking considered and designed generally in accordance with the principles of AS2890.3	Suitable areas available to accommodate bicycle and motor cycle parking consistent with AS2890.	Yes
2.5.3.10	Parking concessions possible for conservation of heritage items	Not a heritage listed site and no parking concession proposed.	N/A
2.5.3.11	Section 94 contributions	Refer to main body of report.	Yes
2.5.3.12 and 2.5.3.13	Landscaping of parking areas	Suitable landscaping proposed.	Yes
2.5.3.14	Sealed driveway surfaces unless justified	Driveways to be sealed to a suitable standard.	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)	Driveways existing.	N/A
2.5.3.16	Transitional grades min. 2m length	Driveways existing.	N/A
2.5.3.17	Parking areas to be designed to avoid concentrations of water runoff on the surface.	Parking and hardstand areas accommodated in preliminary stormwater management plans.	Yes

(iiia) Any planning agreement that has been entered into under section 7.4, or any draft planning agreement that a developer has offered to enter into under section 7.4:

No planning agreement has been offered or entered into.

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:

Part demolition of the existing building is capable of compliance with AS 2601. Condition of consent has been recommended to reinforce.

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

No Coastal Zone Management Plan applies to the subject site.

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

Context and setting

The site comprises an area of 18,053.87m². The property is relatively flat with Wrights Creek traversing its eastern portion.

The site currently comprises a four (4) storey serviced apartment building fronting Flynn Street, with sixty (60) serviced apartments in three blocks with basement parking, swimming pool and children’s playground area.

Having regard to existing development with the locality and adopted building height and floor space ratio controls, the proposal is considered to be consistent with the locality and adequately addresses planning controls for the area.

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

There are no adverse impacts on existing view sharing and there are no adverse privacy impacts. Refer to comment within Development Control Plan compliance table.

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

Roads

The site has road frontage to Flynn Street, a Council-owned and maintained urban collector road with a carriageway width of approximately 12.5m within a 20.1m wide road reserve. The road is bordered by upright (SA) type kerb and gutter on both sides. There is a local sag point within Flynn Street in front of the site where the road crosses the creek.

An existing 1.2m wide concrete footpath fronting the site within Flynn Street provides continuous access for pedestrians, wheelchairs and so on to Flynns Beach and the shopping precinct to the east of the site.

Traffic and Transport

The site currently operates as a 60-unit four storey visitor accommodation building and resort. The original proposal was to create an additional 63 self-contained visitor accommodation cabins comprising a combination of 1, 2 and 3 bedroom units. The application has been revised since the original traffic impact assessment was undertaken. Specifically 59 self-contained cabins are now proposed.

The traffic and parking impact assessment dated September 2017 prepared by Barker Ryan Stewart supported the development application for 63 cabins. The assessment included counts of existing traffic at the nearby intersections of Flynn and Lord Streets, and Flynn Street with Pacific Drive.

The traffic assessment adopts a trip generation rate of 0.31 trips and 0.42 trips per accommodation unit during the AM and PM daily peak periods respectively, which it has sourced from the Institute of Transportation Engineers (ITE) Trip Generation Handbook 9th Edition.

While a reputable source, this data has been obtained in the US context and may not reflect user mode preferences and low public transport use typical in a region such as Port Macquarie. As each accommodation unit will have more than one bedroom, this rate appears to be low. For a peak factor of 0.1 (typical), the rate implies each unit may generate 4.2 trips per day, which is not considered to represent tourist arrival, trips to local attractions, procuring supplies, return for meal times and departure.

The RMS Guide to Traffic Generating Developments 2002 does not provide rates for visitor accommodation but in comparison with dwellings of similar numbers of bedrooms, Council has adopted a worst case likely trip rate of 7 per day per accommodation unit, or 0.7 during the daily AM and PM peak hours.

The proposed increase in local traffic is therefore expected to be approximately 62 x 7 = 434 trips per day, or 44 trips during each of the peak hours. To determine likely impacts on local roads, trip distribution factors assumed by Council staff are illustrated below, having regard to likely desire lines to nearby attractions. These are indicative only but help to identify where key constraints may be present.

· During the AM peak 90% of trips are outbound from the site and 10% are inbound to the site. During the PM peak 10% are outbound and 90% are inbound.

· An 80%-20% split distribution of trips via Lord St versus Pacific Dr respectively, during the daily peaks.

· At the intersection of Lord/Flynn Streets, trips are distributed 80% to/from the north (CBD) and 20% to/from the south.

· At the intersection of Pacific Dr/Flynn St, trips are distributed evenly north and south.

The intersection of Lord and Flynn Streets is considered to be the main concern. Existing traffic counts by the consultant indicate that this intersection experiences 1,100 trips during the AM peak hour (to 09:00) and 1,200 trips during the PM peak hour (to 17:45).

The applicant has provided SIDRA analysis to show that the current operation of this intersection has an acceptable level of service and that the proposed development will not significantly increase delays for users, particularly during the morning peak hour when the greatest number of users would attempt to turn right out of Flynn Street towards Port Macquarie CBD.

However, analysis of the PM peak turning volumes raises concern, with 87 southbound vehicles turning left into Flynn Street and 26 northbound vehicles turning right into Flynn Street. With reference to the AUSTROADS Guide to Traffic Management Part 6: Intersections, Interchanges and Crossings (2017), the warrants for upgrading the intersection to safer channelised turn treatments are already considered triggered as a result of existing traffic. The proposal would further increase the numbers of turning movements by 29% on existing trips for the southbound left turn (CHL) and 23% for the northbound right turn (CHR), which represents a significant increase in risk of safety incidents.

It is therefore recommended that the intersection be upgraded to CHL and CHR turn treatments prior to occupation certificate being issued for the development. This upgrade will ensure that the proposed increase in traffic will be safely and efficiently catered for within the local road network. The line marking required to achieve this is likely to fit within the existing wide carriageway of Lord Street without realigning kerb and gutter or widening the pavement. Suitable consent conditions have been recommended.

Site Frontage and Access

Vehicle access to the site is proposed through two driveways. The existing resident access driveway and existing driveway to the east for staff and visitor vehicle parking. Access shall comply with Council AUSPEC and Australian Standards and conditions have been imposed to reflect these requirements.

Parking and Manoeuvring

Existing and proposed parking requirements are provided in the table to the DCP heading earlier within this report. In summary a total of seventy (70) new parking spaces are indicated on the site plan, which satisfies the minimum parking provision.

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. Site plans show adequate area is available. A dedicated turning bay has been made available at the end of the blind aisle, which is not open to the public.

Water Supply Connection

Reticulated water supply is existing and available. Council’s water supply section are satisfied that adequate arrangements will be made for the supply of water expected to be generated from the development. Specifically consent conditions have been recommended requiring final water service sizing to be determined by a hydraulic consultant consistent with the requirements of Australian Standard 3500: Plumbing and Drainage with details to be provided as part of the infrastructure construction certificate.

Sewer Connection

Reticulated sewer supply is existing and available. Council’s sewer supply section are satisfied (via conditions of consent) that adequate arrangements will be made for the supply of sewer expected to be generated from the development.

Stormwater

The site grades to Wrights Creek, located within the eastern portion of the site.

The legal point of discharge for the proposed development is defined as a new outlet to Wrights Creek, subject to the provision of a suitable outlet design to protect against erosion. The applicant’s stormwater concept plan is consistent with this requirement.

A stormwater management plan has been submitted demonstrating how the site is proposed to be drained to Wrights Creek. The proposal includes the provision of a number of proprietary gross pollution traps, which have been sized to treat stormwater runoff such that the site meets the discharge parameters of AUSPEC D7. Conceptual modelling has been submitted to demonstrate compliance in this regard.

The site is also affected by the flooding of Wrights Creek. Assessment of the associated risks have been made by a flooding engineer. From a stormwater drainage perspective, the provision of on-site stormwater detention facilities which have been designed to limit site stormwater discharge to pre-development rates mean that the development will have no impacts on the extent of downstream flooding as a consequence of an increase in stormwater runoff from the site.

The detailed design submission will need to demonstrate that the proposed detention facilities continue to function during a flood event. 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.

Other Utilities

Telecommunication and electricity services are available to the site. Any substation required to provide for the additional load is to be contained within private property unless accepted in writing by Council.

Other land resources

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

Water cycle

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

Soils

Air and microclimate

Flora and fauna

Construction of the proposed development will require removal of scatter trees throughout the site in order to accommodate buildings, services and bushfire protection measures. The protection and enhancement of the Wright Creek riparian corridor also forms part of the proposal.

It is noted that the application was lodged on 4 October 2017. The Biodiversity Conservation (Savings and Transitional) Amendment Regulation 2017 released on 24 November 2017 extended the application of the former planning provisions of the Environmental Planning and Assessment Act to the biodiversity assessment of Part 4 development applications to 25 February 2018.

Having regard to the tree removal proposed to accommodate the development (inclusive of buildings, services and bushfire protection measures), the application was supported by a three part report prepared by Anne Clements and Associates Pty Ltd, dated 29 September 2017. The three part report provided the following:

· Part A – Assessment of flora constraints.

· Part B – Assessment of significance of the proposal on the listed Coastal Floodplain community.

· Part C – Vegetation Management Plan (VMP) for the riparian corridors and offsets, incorporating the Koala Plan of Management (KPOM).

The flora assessment concluded that there were 58 Eucalypt trees on the site. Of these 54 were identified as preferred koala feed trees. Refer to detailed comments under SEPP 44 heading for koala impacts.

The flora assessment also concluded that an area of vegetation comprising 950m² in two patches approximately 10m wide and approximately 40m and 55m long within the Wrights Creek riparian corridor represents a coastal flood plain Endangered Ecological Community (EEC).

The assessment gave consideration to the impact of the proposal on the identified EEC. The assessment concluded that the proposal will result in no direct clearing of the EEC but rather indirectly modify approximately 145m² (within 10m of the proposal) of the 950m² of mapped EEC. The assessment concludes that the proposal is not likely to result in a significant impact on the EEC and that a Species Impact Statement is not required.

The flora assessment recommends the following key ameliorative measures:

· That a 20m buffer be provided to either side of Wrights Creek consistent with a 2^nd order stream consistent with the guidelines for riparian corridors on waterfront land provided under the Water Management Act.

· A VMP incorporating a KPOM be prepared to establish a fully structured vegetated riparian corridor consistent with the NSW Office of Water guidelines.

· This riparian corridor is to provide a conservation link along Wrights Creek. It is to be conserved and enhanced through careful bush regeneration with plantings of only local provenance species consistent with the Coastal Floodplain, especially the preferred koala feed tree Eucalyptus robusta.

· Any landscaping on the site should also consider the use of preferred koala feed tree, Eucalyptus robusta.

Consistent with the above, the proposal incorporates a 20m buffer either side of Wrights Creek. A VMP has been provided which aims to conserve and enhance the riparian corridor noting its importance as a conservation link along Wrights Creek. The VMP and KPOM provide for compensatory replanting of preferred koala feed trees within the riparian corridor and site at a ratio of 3:1.

A separate fauna impact assessment supported the application. The assessment was prepared by JB Enviro, dated 7 March 2018 and addresses the requirements of the ‘7 part test’ under section 5A of the Act. The report concluded that the proposal is unlikely to have a significant impact on any threatened species and that a Species Impact Statement is not required.

Both the flora and fauna impact assessments conclude that the proposal is unlikely to have any significant adverse impacts on any threatened flora and fauna species and that Species Impact Statements are not required.

Conditions of consent have been recommended specifying that the commitments and obligations provided in both the VMP and KPOM form part of any consent issued and shall be implemented at their respective stages throughout the development if consent is granted.

In addition to the above, an Arboriculture impact assessment report was undertaken by Woodvale Tree services. In summary it was demonstrated that the koala feed trees nominated from retention can be retained long term. However it was recommended that further canopy impact assessments and pre-non-destructive below grade examination of areas within chosen tree protection zones may be necessary to determine the final location of piers.

Waste

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

Energy

The proposal is not BASIX affected development. However, the development will be required to comply with section J of the Building Code of Australia (BCA).

Noise and vibration

Having regard to the location of the site and nature of the development, there will be anticipated short term noise impacts during construction activities. Consent condition has been recommended to restrict construction to standard construction hours.

In terms of the visitor accommodation use, it is noted that the existing onsite manager is to remain. A condition of consent has been recommended to require a complaints register to be established by management and this be made available upon request to Council. The condition also requires that a telephone number be provided on the sign located on the front fence for any complaints.

Bushfire

The site is identified as being bushfire prone. In accordance with Section 100B of the Rural Fires Act, 1997, the application proposes development for a Special Fire Protection Purpose. The application was supported by a bushfire assessment report prepared by a Certified Consultant.

The application and supporting bushfire assessment report were referred to the NSW Rural Fire Service. The Commissioner has assessed the application and issued a Bushfire Safety Authority consisting of a series of conditions which are recommended to form part of the consent conditions.

Safety, security and crime prevention

A suitable level of surveillance of the area will be retained by the design.

Social impacts in the locality

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

Economic impact in the locality

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

Site design and internal design

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

Construction

No significant adverse impacts identified to neighbouring properties with the construction of the proposal. Standard conditions will be imposed to control construction, demolition, erosion, noise etc.

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

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

Five (5) written submissions have been received following public exhibition of the application.

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

Submission Issue/Summary	Planning Comment/Response
The residents of the gateway lifestyle village have lost their right of pedestrian access through the site to Pacific Drive via the right of footway over SP61661 being 55-56 Pacific Drive.	A title search of SP61661 reveals a reference to dealing 5040496 - Right of Footway 1.5m wide burdening the property. The land burdened being Lot 18 DP17542 (being the land prior to strata subdivision). Land benefited is Lot 331 DP828346. The land containing the gateway lifestyle village (Lot 332 DP828346) does not benefit from use of the footway. There is also no right of footway over Lot 331 DP828346 to this pathway.
If no pedestrian access is permitted through the site the developer should provide a footpath connection along Ocean Street to Pacific Drive.	There is no nexus between the proposed development and suggested footpath. Council could not impose such a requirement. Full frontage footpath paving already exists along the Flynns Street frontage.
The adopted occupancy rate in the supporting parking assessment is not appropriate. Parking proposed is insufficient noting the peak seasonal demand likely to be experienced from this and surrounding developments. Limited on-street parking exists.	Refer to parking calculations in Development Control Plan (DCP) table of this report. The application has been revised to provide additional parking consistent with DCP provisions.
Occasional queues are experienced at the existing entrance driveway waiting for the automatic gate to open. The proposal will exacerbate this problem creating a traffic and pedestrian safety problem.	Refer to comments under roads, traffic and transport heading of this report. Council’s development engineering section are comfortable the additional traffic likely to be generate from the proposal can be safely accommodated via the existing entrance arrangement.
The doubling of tourist accommodation will increase night time noise levels experienced by adjoining residents. The sliding gate and intercom are loud. No consideration of this has been given.	Management of guests within the site will be the responsibility of centre management. An onsite manger already exists and is to be retained. A Condition of consent has been recommended requiring a complaints register to be developed with contact number made available to the public.
The site is subject to flooding and impacts need to be considered.	Refer to comments under Port Macquarie-Hastings Local Environmental Plan 2011 heading of this report, specifically clause 7.3.
The application should have regard to the shire wide KPoM to be considered by Council at its December 2017 meeting.	This site is subject to its own Koala Plan of Management. Refer to comments under State Environmental Planning Policy 44 heading of this report.
Construction noise will impact on adjoining residents within the locality. It is suggested that standard construction hours be reduced to minimise impacts.	Standard building construction hours are considered appropriate.
In terms of planned noisy construction activities the developer undertake community consultation with adjoining property owners and residents.	A condition has been recommended requiring a construction management plan. The plan shall provide a contact number for the site supervisor/manager, works schedule and notification procedure to adjoining land owners for noisy works.
The area on the eastern side of the creek is subject to high flooding and contains Koala trees and fauna and is not suitable for development.	The application has been revised since lodgement and the villas/units originally proposed on the eastern side of the creek do not form part of this application.
The roof of the existing amenities block on the eastern side of the creek catches leaves and is a fire hazard.	Noted, however the building is existing and there is no change proposed.

(e) The Public Interest:

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

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

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

5. CONCLUSION

The application has been assessed in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979.

Attachments

1 View. DA2017 - 855.1 Recommended Consent Conditions

2 View. DA2017 - 885.1 Site Survey Plan

3 View. DA2017 - 885.1 Wrights Creek survey

4 View. DA2017 - 885.1 SoEE

5 View. DA2017 - 885.1 Site Plan

6 View. DA2017 - 885.1 Floor Plans

7 View. DA2017 - 885.1 Roof Plan

8 View. DA2017 - 885.1 Foundation Plan

9 View. DA2017 - 885.1 Elevation Plans

10 View. DA2017 - 885.1 Sections

11 View. DA2017 - 885.1 Existing Building Alterations Ground Floor Plan

12 View. DA2017 - 885.1 Reception and Cafe Plan

13 View. DA2017 - 885.1 BBQ and Utilities Pavilions Plans

14 View. DA2017 - 885.1 Utilities Pavilions Elevations

15 View. DA2017 - 885.1 Maintenance and Staff Amenities Plan

16 View. DA2017 - 885.1 Villa Suite Plans

17 View. DA2017 - 885.1 Riparian Corridor and Offset Plan

18 View. DA2017 - 885.1 Riparian Corridor Plan showing encroachments

19 View. DA2017 - 885.1 Landscape Plan

20 View. DA2017 - 885.1 Tree Removal Retention Plan

21 View. DA2017 - 885.1 Tree removal & proposed offset planting - Anne Clements

22 View. DA2017 - 885.1 Services Plan - StormwaterWaterSewer

23 View. DA2017 - 885.1 Stormwater Drainage Strategy Plan & Modelling

24 View. DA2017 - 885.1 Koala Plan of Management and Vegetation Management Plan

25 View. DA2017 - 885.1 NSW Planning Department letter advising of KPoM approval

26 View. DA2017 - 855.1 Revised Flood Impact Assessment

27 View. DA2017 - 885.1 Arboricultural Impact Assessment

28 View. DA2017 - 885.1 Bushfire Assessment Report

29 View. DA2017 - 885.1 Confirmation of APZ compliance with proposed offset plantings

30 View. DA2017 - 885.1 NSW Rural Fire Service - Bushfire Safety Authority conditions

31 View. DA2017 - 885.1 NSW Office of Water General Terms of Approval

32 View. DA2017 - 885.1 CPTED Assessment Report

33 View. DA2017 - 885.1 Ecology Report Parts 1-4

34 View. DA2017 - 885.1 Seven Part Test ecological assessment

35 View. DA2017 - 885.1 Traffic and Parking Impact Assessment Report

36 View. DA2017 - 885.1 Carpark detail GHD

37 View. DA2017 - 885.1 Email from applicant with response to reasons for deferral - Jonathon Condon

38 View. DA2017 - 885.1 Flood Data at Proposed Carpark GHD

39 View. DA2017 - 885.1 Flood Evacuation Plan GHD

40 View. DA2017 - 885.1 Flooding Egress Walkway Plan Villas 56, 57, 58 and 59

41 View. DA2017 - 885.1 Revised Site Plan

42 View. DA2017 - 885.1 Survey Plan

43 View. DA2017 - 885.1 Submission - Barry

44 View. DA2017 - 885.1 Submission - Bryen

45 View. DA2017 - 885.1 Submission - Harris for Owners SP61661 6779

46 View. DA2017 - 885.1 Submission - Lyons

47 View. DA2017 - 885.1 Submission - Wells

Member	11/04/18	26/04/18	09/05/18	23/05/18	13/06/18
Paul Drake	P	P	P	P	P
Robert Hussey	P	P	P	P	P
David Crofts (alternate member)
Dan Croft (Acting Director Development & Environment) Clinton Tink (Acting GM Development Assessment (alternates) - Director Development & Environment - Development Assessment Planner	P	P P	P P	P P	P

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