Development
Assessment Panel
CHARTER
1.0 OBJECTIVES
To assist in managing Council's development assessment
function by providing independent and expert determinations of development
applications that fall outside of staff delegations.
2.0 KEY FUNCTIONS
·
To review development application reports and conditions;
·
To determine development
applications outside of staff delegations;
·
To refer development applications
to Council for determination where necessary;
·
To provide a forum for objectors and applicants
to make submissions on applications
before the Development Assessment Panel
(DAP);
·
To maintain transparency in the determination of development
applications.
Delegated Authority of Panel
Pursuant to
Section 377 of the Local Government Act, 1993 delegation to:
·
Determine development applications under Part 4
of the Environmental Planning and Assessment
Act 1979 having
regard to the relevant environmental planning instruments,
development control plans and Council policies.
·
Vary, modify or release restrictions as to use
and/or covenants created by Section 88B instruments under the Conveyancing Act
1919 in relation to development applications for subdivisions being considered
by the panel.
·
Determine Koala Plans of Management under State
Environmental Planning Policy 44 - Koala Habitat Protection associated with
development applications being considered by the Panel.
Noting the trigger to escalate
decision making to Council as highlighted in section 5.2.
3.0
MEMBERSHIP
3.1
Voting
Members
·
Two independent external members. One of the
independent external members to be the Chairperson.
·
Group Manager Development Assessment (alternate
- Director Development & Environment or Development Assessment Planner)
The independent external members shall have expertise in
one or more of the following areas: planning, architecture, heritage, the
environment, urban design, economics, traffic and transport, law, engineering,
government and public administration.
3.2
Non-Voting Members
·
Not applicable
3.3 Obligations
of members
·
Members must act faithfully and diligently and
in accordance with this Charter.
·
Members must comply with Council's Code of Conduct.
·
Except as required to properly perform their
duties, DAP members must not
disclose any confidential information (as advised by Council) obtained in connection with the DAP functions.
·
Members will have read and be familiar with the
documents and information provided by Council prior
to attending a DAP meeting.
·
Members must act in accordance with Council's
Workplace Health and Safety Policies and Procedures
·
External members of the Panel are not authorised
to speak to the media on behalf of Council. Council officers that are members
of the Committee are bound by the
existing operational delegations in relation to speaking to the media.
·
Staff members shall not vote on matters before
the Panel if they have been the principle author of the development assessment report.
3.4
Member Tenure
·
The independent external members will be
appointed for the term of four (4) years
maximum in which the end of the tenure of these members would occur in a
cascading arrangement.
3.5 Appointment
of members
·
The independent external members (including the
Chair) shall be appointed by the General Manager following an external
Expression of Interest process.
·
Staff members of the Panel are in accordance
with this Charter.
4.0 TIMETABLE
OF MEETINGS
·
The Development Assessment Panel will generally
meet on the 1st and 3rd Wednesday each month at 2.00pm at the Port Macquarie
offices of Council.
·
Special Meetings of the Panel may be convened by
the Director Development & Environment Services with three (3) days notice.
5.0
MEETING PRACTICES
5.1
Meeting
Format
·
At all Meetings of the Panel the Chairperson
shall occupy the Chair and preside. The Chair will be responsible for keeping
of order at meetings.
·
Meetings shall be open to the public.
·
The Panel will hear from applicants
and objectors or their r e p r e s e n t a t i v e s .
·
Where considered necessary, the Panel will
conduct site inspections which will
be open to the public.
5.2
Decision Making
·
Decisions are to be made by consensus. Where
consensus is not possible on any item, that item is to be referred to Council
for a decision.
·
All development applications involving a
proposed variation to a development standard
greater than 10% under Clause
4.6 of the Local Environmental Plan will be
considered by the Panel and recommendation made to the Council for a decision.
5.3
Quorum
·
All members (2 independent external members and
1 staff member) must be present at a
meeting to form a quorum.
5.4
Chairperson and Deputy Chairperson
·
Independent Chair (alternate, second independent member)
5.5
Secretariat
·
The Director Development &n Environment is
to be responsible for ensuring that the Panel has adequate secretariat support.
The secretariat will ensure that the business paper and supporting papers are
circulated at least three (3) days prior to
each meeting. Minutes shall be appropriately approved and circulated to each
member within three (3) weeks of a meeting being held.
·
The format of and the preparation and publishing
of the Business Paper and Minutes shall be similar to the format for Ordinary
Council Meetings.
5.6
Recording of decisions
·
Minutes will record decisions and how each
member votes for each item before the Panel.
6.0 CONVENING
OF “OUTCOME SPECIFIC” WORKING GROUPS
Not applicable.
7.0 CONFIDENTIALITY
AND CONFLICT OF INTEREST
·
Members of the Panel must comply with the
applicable provisions of Council’s Code of Conduct. It is the personal
responsibility of members to comply with the standards in the Code of Conduct
and regularly review their personal circumstances with this in mind.
·
Panel members must declare any conflict of
interests at the start of each meeting or before discussion of a relevant item
or topic. Details of any conflicts of interest should be appropriately minuted.
Where members are deemed to have a real or perceived conflict of interest, it
may be appropriate they be excused from deliberations on the issue where the
conflict of interest may exist. A Panel meeting may be postponed where there is
no quorum.
8.0 LOBBYING
·
All members and applicants are to adhere to
Council’s Lobbying policy. Outside of
scheduled Development Assessment Panel meetings, applicants, their
representatives, Councillors, Council staff and the general public are not to
lobby Panel members via meetings, telephone conversations, correspondence and
the like. Adequate opportunity will be provided at Panel inspections or
meetings for applicants, their representatives and the general public to make
verbal submissions in relation to Business Paper items.
AGENDA Development Assessment Panel 25/07/2018
Subject: DISCLOSURES
OF INTEREST
RECOMMENDATION
That Disclosures of Interest be presented
DISCLOSURE OF
INTEREST DECLARATION
Name of Meeting: ………………………………………………………………………..
Meeting Date: ………………………………………………………………………..
Item Number: ………………………………………………………………………..
Subject: ………………………………………………………………………..
…………………………………………………….……………...…..
I,
.....................................................................................
declare the following interest:
Pecuniary:
Take
no part in the consideration and voting and be out of sight of the meeting.
Non-Pecuniary
- Significant Interest:
Take
no part in the consideration and voting and be out of sight of the meeting.
Non-Pecuniary
- Less than Significant Interest:
May
participate in consideration and voting.
For the reason that: ....................................................................................................
.......................................................................................................................................
Name: …………………………………………………….
Signed:
.........................................................................
Date: ..................................
(Further
explanation is provided on the next page)
Further
Explanation
(Local Government Act and Code of Conduct)
A conflict of interest exists where a reasonable and informed
person would perceive that a Council official could be influenced by a private
interest when carrying out their public duty. Interests can be of two types:
pecuniary or non-pecuniary.
All interests, whether pecuniary or non-pecuniary are required to
be fully disclosed and in writing.
Pecuniary Interest
A pecuniary interest is an interest that a Council official has in
a matter because of a reasonable likelihood or expectation of appreciable
financial gain or loss to the Council official. (section 442)
A Council official will also be taken to have a pecuniary interest
in a matter if that Council official’s spouse or de facto partner or a
relative of the Council official or a partner or employer of the Council
official, or a company or other body of which the Council official, or a
nominee, partner or employer of the Council official is a member, has a
pecuniary interest in the matter. (section 443)
The Council official must not take part in the consideration or
voting on the matter and leave and be out of sight of the meeting. The
Council official must not be present at, or in sight of, the meeting of
the Council at any time during which the matter is being considered or discussed,
or at any time during which the council is voting on any question in relation
to the matter. (section 451)
Non-Pecuniary
A non-pecuniary interest is an interest that is private or
personal that the Council official has that does not amount to a pecuniary
interest as defined in the Act.
Non-pecuniary interests commonly arise out of family, or personal
relationships, or involvement in sporting, social or other cultural groups and
associations and may include an interest of a financial nature.
The political views of a Councillor do not constitute a private
interest.
The management of a non-pecuniary interest will depend on whether
or not it is significant.
Non Pecuniary – Significant Interest
As a general rule, a non-pecuniary conflict of interest will be
significant where a matter does not raise a pecuniary interest, but it
involves:
(a)
A relationship between
a Council official and another person that is particularly close, for example,
parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal
descendant or adopted child of the Council official or of the Council official’s
spouse, current or former spouse or partner, de facto or other person living in
the same household.
(b)
Other relationships
that are particularly close, such as friendships and business relationships.
Closeness is defined by the nature of the friendship or business relationship,
the frequency of contact and the duration of the friendship or relationship.
(c)
An affiliation between
a Council official an organisation, sporting body, club, corporation or
association that is particularly strong.
If a Council official declares a non-pecuniary significant
interest it must be managed in one of two ways:
1.
Remove the source of
the conflict, by relinquishing or divesting the interest that creates the
conflict, or reallocating the conflicting duties to another Council official.
2.
Have no involvement in
the matter, by taking no part in the consideration or voting on the matter and
leave and be out of sight of the meeting, as if the provisions in section
451(2) apply.
Non Pecuniary – Less than Significant Interest
If a Council official has declared a non-pecuniary less than
significant interest and it does not require further action, they must provide
an explanation of why they consider that the conflict does not require further
action in the circumstances.
SPECIAL
DISCLOSURE OF PECUNIARY INTEREST DECLARATION
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By
[insert full name of councillor]
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In the
matter of
[insert name of environmental planning instrument]
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Which is
to be considered at a meeting of the
[insert name of meeting]
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Held on
[insert date of meeting]
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PECUNIARY
INTEREST
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Address of land in which councillor or an
associated person, company or body has a proprietary interest (the identified
land)i
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Relationship of identified land to councillor
[Tick or cross one box.]
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Councillor
has interest in the land (e.g. is owner or has other interest arising out of
a mortgage, lease trust, option or contract, or otherwise).
Associated
person of councillor has interest in the land.
Associated
company or body of councillor has interest in the land.
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MATTER
GIVING RISE TO PECUNIARY INTEREST
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Nature of land that is subject to a change
in zone/planning control by proposed
LEP (the subject land iii
[Tick or cross one box]
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The
identified land.
Land
that adjoins or is adjacent to or is in proximity to the identified land.
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Current zone/planning control
[Insert name of current planning instrument and
identify relevant zone/planning control applying to the subject land]
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Proposed change of zone/planning control
[Insert name of proposed LEP and identify
proposed change of zone/planning control applying to the subject land]
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Effect of proposed change of zone/planning control
on councillor
[Tick or cross one box]
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Appreciable
financial gain.
Appreciable
financial loss.
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Councillor’s
Name: …………………………………………
Councillor’s
Signature:
……………………………….
Date: ………………..
Important Information
This information is being
collected for the purpose of making a special disclosure of pecuniary interests
under sections 451 (4) and (5) of the Local Government Act 1993.
You must not make a special disclosure that you know or ought reasonably to
know is false or misleading in a material particular. Complaints made
about contraventions of these requirements may be referred by the
Director-General to the Local Government Pecuniary Interest and Disciplinary
Tribunal.
This form must be completed by
you before the commencement of the council or council committee meeting in
respect of which the special disclosure is being made. The
completed form must be tabled at the meeting. Everyone is entitled to
inspect it. The special disclosure must be recorded in the minutes of the
meeting.
i.
Section 443 (1) of the Local Government Act 1993 provides that
you may have a pecuniary interest in a matter because of the pecuniary interest
of your spouse or your de facto partner or your relativeiv or
because your business partner or employer has a pecuniary interest. You may
also have a pecuniary interest in a matter because you, your nominee, your
business partner or your employer is a member of a company or other body that
has a pecuniary interest in the matter.
ii.
Section 442 of the Local Government Act 1993 provides that a pecuniary
interest is an interest that a person has in a matter because of a
reasonable likelihood or expectation of appreciable financial gain or loss to
the person. A person does not have a pecuniary interest in a matter if the
interest is so remote or insignificant that it could not reasonably be regarded
as likely to influence any decision the person might make in relation to the
matter or if the interest is of a kind specified in section 448 of that
Act (for example, an interest as an elector or as a ratepayer or person liable
to pay a charge).
iii.
A pecuniary interest may arise by way of a change of permissible use of land
adjoining, adjacent to or in proximity to land in which a councillor or a
person, company or body referred to in section 443 (1) (b) or (c) of the
Local Government Act 1993 has a proprietary interest..
iv.
Relative is defined by the Local Government Act 1993 as
meaning your, your spouse’s or your de facto partner’s parent,
grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or
adopted child and the spouse or de facto partner of any of those persons.
AGENDA Development Assessment Panel 25/07/2018
Item: 05
Subject: DA2018 - 213.1 Two Semi-Detached Dwellings and
Strata Subdivision at Lot 313 DP 1080621, No. 16 Lomandra Terrace, Port
Macquarie
Report
Author: Chris Gardiner
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Applicant: Encompass
Drafting
Owner: M
J Sprague & P M Picado
Estimated Cost: $594,000
Alignment with Delivery
Program
4.3.1 Undertake transparent
and efficient development assessment in accordance with relevant legislation.
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RECOMMENDATION
That
DA2018 – 213.1 for two semi-detached
dwellings and strata subdivision at Lot 313, DP 1080621, No.
16 Lomandra Terrace, Port Macquarie,
be determined by granting consent subject to the recommended conditions.
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Executive
Summary
This
report considers a development application for two semi-detached
dwellings and strata subdivision at the subject site
and provides an assessment of the application in accordance with the
Environmental Planning and Assessment Act 1979.
Following exhibition of the
application, one submission has been received.
1. BACKGROUND
Existing sites features and surrounding development
The site has an area of 777.4m2.
The site is zoned R1 General Residential in accordance with the Port Macquarie-Hastings Local
Environmental Plan 2011, as shown in the following zoning plan:
The existing subdivision pattern and location of existing
development within the locality is shown in the following aerial photograph:
2. DESCRIPTION OF
DEVELOPMENT
Key aspects of the proposal include the following:
· Construction
of two semi-detached dwellings; and
· Strata
subdivision.
Refer
to attachments at the end of this report.
Application Chronology
· 20
March 2018 – Application lodged.
· 9
April 2018 to 23 April 2018 – Neighbour notification.
· 27
April 2018 – Bushfire Safety Authority issued by NSW Rural Fire Service.
· 15
June 2018 – Additional information requested from Applicant.
· 20 June 2018 – Amended plans submitted by Applicant.
· 27 June 2018 – Comments provided to Applicant on
amended plans.
· 12 July 2018 – Further amended plans submitted,
including change from Torrens title to strata subdivision.
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 No. 44 - Koala Habitat
Protection
The site is subject to the adopted Point Drive (Mill Hill)
Koala Plan of Management (KPoM). The proposed development involves the removal
of a Pink Bloodwood and the KPoM requires offset plantings at a ratio of 2:1
for each tree removed (including trees that are not Koala food trees). Offset
plantings are required to be Tallowwood, Forest Red Gum, Swamp Mahogany, or
Peppermint. The submitted plans show that sufficient area is available for two
replacement trees within the site.
The KPoM also requires a pre-clearing survey to be carried
out for trees that are to be removed.
The proposal is considered to be consistent with the KPoM
and conditions are recommended confirming the above requirements.
State Environmental Planning Policy No. 55 –
Remediation of Land
Following an inspection of the site and a search of Council
records, the subject land is not identified as being potentially contaminated
and is suitable for the intended use.
State Environmental Planning Policy No. 62 – Sustainable
Aquaculture
Given the nature of the proposed development and proposed
stormwater controls the proposal will be unlikely to have any adverse impact on
existing aquaculture industries.
State Environmental Planning Policy (Building
Sustainability Index: BASIX) 2004
A BASIX certificate has been submitted demonstrating that
the proposal will comply with the requirements of the SEPP. It is recommended
that a condition be imposed to ensure that the commitments are incorporated
into the development and certified at Occupation Certificate stage.
Port Macquarie-Hastings Local Environmental Plan
2011
The proposal is consistent with the LEP having regard to
the following:
· Clause 2.2, the subject site is zoned R1 General
Residential. In accordance with clause 2.3(1) and the R1 zone landuse table,
the dual occupancy with subdivision is a permissible landuse with consent.
The objectives of the R1 zone are as follows:
o To provide for the housing needs of the community.
o To provide for a variety of housing types and densities.
o To enable other land uses that provide facilities or
services to meet the day to day needs of residents.
In accordance with Clause 2.3(2), the proposal
is consistent with the zone objectives as it is a permissible landuse and
consistent with the established residential locality.
· Clause 4.1(4), the minimum lot size for subdivision is not
applicable as the proposal is for a strata plan of subdivision.
· Clause 4.3, the maximum overall height of the building
above ground level (existing) is 6.9m 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 0.48:1
which complies with the maximum 0.65:1 floor space ratio applying to the site.
·
· Clause 5.10 – Heritage. The site does not contain or
adjoin any known heritage items or sites of significance.
·
· Clause 7.5 – Koala Habitat applies to the site. Refer
to comments under SEPP 44 heading.
· Clause 7.13, satisfactory arrangements are in place for
provision of essential services.
(ii) Any
draft instruments that apply to the site or are on exhibition:
No draft
instruments apply to the site.
(iii) Any
Development Control Plan in force:
Port
Macquarie-Hastings Development Control Plan 2013
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DCP 2013: Dwellings, Dual
occupancies, Dwelling houses, Multi dwelling houses & Ancillary
development
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Requirements
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Proposed
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Complies
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3.2.2.1
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Ancillary development:
• 4.8m max. height
• Single storey
• 60m2 max. area
• 100m2 for lots
>900m2
• 24 degree max.
roof pitch
• Not located in
front setback
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Water tanks are appropriately
located
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Yes
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3.2.2.2
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Articulation zone:
• Min. 3m front
setback
• An entry feature
or portico
• A balcony, deck,
patio, pergola, terrace or verandah
• A window box
treatment
• A bay window or
similar feature
• An awning or
other feature over a window
• A sun shading
feature
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No elements within the
articulation zone.
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N/A
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Front setback (Residential not R5
zone):
• Min. 6.0m
classified road
• Min. 4.5m local
road or within 20% of adjoining dwelling if on corner lot
• Min. 3.0m
secondary road
• Min. 2.0m
Laneway
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Front building line setback
requirements are complied with.
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Yes
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3.2.2.3
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Garage 5.5m min. and 1m behind
front façade.
Garage door recessed behind
building line or eaves/overhangs provided
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Garage door setback requirements
are complied with.
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Yes
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6m max. width of garage door/s
and 50% max. width of building
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The proposal includes 4.8m wide
garage doors for both dwellings and a building width of 9.245m for each
dwelling. The garage doors are therefore 52% of the building width and do not
comply with the development provision. However, given the minor extent of the
variation (2%) it is not considered that the proposal would be inconsistent
with the objectives of the provision. The variation is not likely to detract
from the streetscape.
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No, but acceptable
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Driveway crossover 1/3 max. of
site frontage and max. 5.0m width
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Driveway crossing width
requirements are complied with.
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Yes
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3.2.2.4
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4m min. rear setback. Variation
subject to site analysis and provision of private open space
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The rear setback requirements are
complied with.
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Yes
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3.2.2.5
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Side setbacks:
• Ground floor =
min. 0.9m
• First floors
& above = min. 3m setback or where it can be demonstrated that
overshadowing not adverse = 0.9m min.
• Building wall
set in and out every 12m by 0.5m
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The minimum side setback
requirements are complied with.
The proposal includes a first
floor side setback of less than 3m and the submitted shadow diagrams
demonstrate that the development would not overshadow adjoining private open
space or living room windows for more than 3 hours between 9.00am and 3.00pm
on 21 June. The main private open space area of the adjoining dwelling at No.
18 Lomandra Terrace is located at first floor level on the southern side of
the building.
The wall articulation is
compliant and satisfies the objectives of the development provision.
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Yes
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3.2.2.6
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35m2 min. private open space area
including a useable 4x4m min. area which has 5% max. grade
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Each occupancy contains 35m²
open space in one area. The main useable area of the private open space for
each dwelling has dimensions of 3.97m by 3.0m and does not comply with the
minimum 4m x 4m standard.
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No*
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3.2.2.7
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Front fences:
• If solid 1.2m
max height and front setback 1.0m with landscaping
• 3x3m min. splay
for corner sites
• Fences >1.2m
to be 1.8m max. height for 50% or 6.0m max. length of street frontage with
25% openings
• 0.9x0.9m splays
adjoining driveway entrances
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No front fences proposed.
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N/A
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3.2.2.10
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Privacy:
• Direct views
between living areas of adjacent dwellings screened when within 9m radius of
any part of window of adjacent dwelling and within 12m of private open space
areas of adjacent dwellings. ie. 1.8m fence or privacy screening which has
25% max. openings and is permanently fixed
• Privacy screen
required if floor level > 1m height, window side/rear setback (other than
bedroom) is less than 3m and sill height less than 1.5m
• Privacy screens
provided to balconies/verandahs etc which have <3m side/rear setback and
floor level height >1m
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The development will not compromise privacy in the area
due to a combination of high sill windows that face side boundaries, and use
of screening/fencing.
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Yes
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DCP 2013: General
Provisions
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Requirements
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Proposed
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Complies
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2.7.2.2
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Design addresses generic principles of Crime Prevention
Through Environmental Design guideline
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The development as proposed does not result in the
creation of concealment or entrapment areas. Appropriate casual surveillance
available.
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Yes
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2.3.3.1
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Cut and fill 1.0m max. 1m outside the perimeter of the
external building walls
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Cut and fill <1.0m change 1m outside the perimeter of
the external building walls
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Yes
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2.3.3.2
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1m max. height retaining walls along road frontage
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None proposed
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N/A
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Any retaining wall >1.0 in height to be certified by
structure engineer
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No retaining wall likely >1m
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Yes
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Combination of retaining wall and front fence height max
1.8m, max length 6.0m or 30% of frontage, fence component 25% transparent,
and splay at corners and adjacent to driveway
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No retaining wall front/ fence combination proposed.
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N/A
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2.3.3.8
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Removal of hollow bearing trees
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The single tree proposed to be removed does not contain
any hollows.
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Yes
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2.6.3.1
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Tree removal (3m or higher with 100m diameter trunk at 1m
above ground level and 3m from external wall of existing dwelling)
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A single Pink Bloodwood tree is proposed to be removed for
the development. While this species in not listed in Table 2.6.1 of the DCP,
the Mill Hill Koala Plan of Management requires all trees (including those
that are not Koala food trees) to be offset at a ratio of 2:1.
See comments earlier under SEPP 44.
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Yes
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2.4.3
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Bushfire risk, Acid sulphate soils, Flooding,
Contamination, Airspace protection, Noise and Stormwater
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*Refer to main body of report.
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2.5.3.2
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New accesses not permitted from arterial or distributor
roads
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No new access proposed to arterial or distributor road.
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N/A
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Driveway crossing/s minimal in number and width including
maximising street parking
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Driveway crossing is minimal in width including maximising
street parking
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Yes
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2.5.3.3
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Parking in accordance with Table 2.5.1.
Dwelling/dual occupancies
1 space per dwelling/occupancy (behind building line).
Multi dwelling
1 space per 1 & 2 bedroom occupancies
1.5 spaces per 3+ bedroom occupancies
0.25 spaces per occupancy for visitor parking.
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Proposal complies with minimum parking requirements for
dual occupancy/semi-detached dwellings.
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Yes
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2.5.3.11
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Section 94 contributions
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Contributions apply - refer to ET calc and NOP.
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Yes
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2.5.3.12 and 2.5.3.13
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Landscaping of parking areas
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Suitable landscaping possible around driveway/parking
locations.
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Yes
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2.5.3.14
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Sealed driveway surfaces unless justified
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Sealed driveway areas proposed.
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Yes
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2.5.3.15 and 2.5.3.16
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Driveway grades first 6m or ‘parking area’
shall be 5% grade with transitions of 2m length
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Driveway grades capable of satisfying Council standard
driveway crossover requirements. Condition recommended for section 138 Roads
Act permit
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Yes
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2.5.3.17
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Parking areas to be designed to avoid concentrations of
water runoff on the surface.
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Stormwater drainage is capable of being managed as part of
plumbing construction.
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Yes
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·
Note: (*) Denotes matters addressed in further detail
in the body of the report
Departure/variation
sought from the DCP
The proposal
seeks to vary Development Provision 3.2.2.6 relating to the minimum dimensions
of the main private open space area for each dwelling. The applicant is seeking
the variation on the following grounds:
‘Strict
compliance with private open Space required being 4.0m x 4.0m for this
development is unreasonable and unnecessary in this particular instance as
compliance with the standard would not necessarily achieve a better planning
outcome. The minor variation to the shape of the private open space will have a
negligible impact on the amenity of the dwellings and adjoining properties and
the proposal maintains compliance with the objectives of the development
standard. Further, the proposal does not alter the development’s
compliance with all other development controls. The proposal also represents a
high level of internal and external amenity for the development. Taking into
consideration the above, the requirement to strictly adhere to the development
standard for private open space is considered to be unreasonable and
unnecessary in this instance.
The
proposed departure from the development standard will result in a better
environmental planning outcome than that which could have been achieved on site
had the standard been complied with, due to the design fulfilling all private
open space needs and all Council controls and requirements and design function
throughout both dwellings. It is considered that there are sufficient
environmental planning grounds to justify contravening the development
standard.’
The relevant
objective is to encourage useable private open space for dwellings to meet
their occupants’ requirements for privacy, safety, access, outdoor
activities and landscaping.
Having regard
to the development provisions and relevant objectives, the variation is
considered acceptable for the following reasons:
· The
overall private open space area for each dwelling includes approximately 160m2
of ground level open space and 30m2 of deck area for each dwelling,
which substantially exceeds the minimum DCP requirements of 35m2 for a
consolidated area,
· The
ground level area is located at the rear of each dwelling and would provide a
private, safe and secure space with sufficient area for landscaping, clothes
drying, and outdoor activities.
· Each
dwelling contains ground and first floor level decks totalling 30m2.
While the dimensions of the main usable area of the ground floor deck are
slightly less than the DCP requirement (5m2 variation), the plans demonstrate
that the decks would provide sufficient space for a table, chair(s) and a
barbeque. The decks are useable and accessible directly from the internal
living areas.
Based on the
above assessment, the departure proposed to the provisions of the DCP are
considered acceptable and the relevant objectives have been satisfied.
Cumulatively, the variations do not amount to an adverse impact or a
significance that would justify refusal of the application.
(iiia) Any
planning agreement that has been entered into under section 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 relating to the site.
iv) Any matters prescribed by the
Regulations:
None applicable.
(b) The
likely impacts of that development, including environmental impacts on both the
natural and built environments, social and economic impacts in the locality:
Context and setting
The proposal is unlikely to have any adverse impacts on
existing adjoining properties and satisfactorily addresses the public domain.
The proposal is considered to be compatible with other
residential development in the locality and adequately addresses planning
controls for the area.
There are no adverse impacts on existing view sharing.
There are no adverse privacy impacts.
There are no adverse overshadowing impacts. The proposal
does not prevent adjoining properties from receiving 3 hours of sunlight to
private open space and primary living areas on 21 June.
Access, transport and traffic
The proposal will be unlikely to have any adverse impacts
in terms access, transport and traffic. The existing road network will
satisfactorily cater for any increase in traffic generation as a result of the
development.
Water Supply
Council records indicate that the development site has an
existing 20mm sealed water service from the 100 PVC water main on the opposite
side of Lomandra Terrace. Each proposed unit requires an individual metered
water service. Details are to be shown on the engineering plans.
A Section 68 application will be required for the new
plumbing work. Refer to relevant conditions.
Sewer
Council records indicate that the development site is
connected to sewer via a junction to the existing sewer main located in the
adjoining lot to the east of the development. This junction can be utilised for
both dwellings as the proposal is for strata subdivision.
A Section 68 application will be required for the new
plumbing work. Refer to relevant conditions.
Stormwater
The site is currently serviced by an interallotment
drainage system contained within a 1.5m easement along the southern boundary of
the site. The existing junction can be utilised for both dwellings as the
proposal is for strata subdivision. Both dwellings are capable of draining to
the existing point of connection and the system has adequate capacity
for the subject development.
There is also an existing kerb inlet pit in the site
frontage to Lomandra Terrace. The driveway crossover location has been amended
to provide a minimum 1m clearance from the lintel of the pit in accordance with
AUSPEC requirements.
A Section 68 application will be required for the new
stormwater drainage work. Refer to relevant conditions.
Other Utilities
Telecommunication and electricity services are available to
the site.
Heritage
This site does not contain or adjoin any known heritage
item or site of significance.
Other land resources
No adverse impacts anticipated. The site is within an
established urban context and will not sterilise any significant mineral or
agricultural resource.
Water cycle
The proposed development will be unlikely to have any
adverse impacts on water resources and the water cycle.
Soils
The proposed development will be unlikely to have any
adverse impacts on soils in terms of quality, erosion, stability and/or
productivity subject to a standard condition requiring erosion and sediment
controls to be in place prior to and during construction.
Air and microclimate
The construction and/or operations of the proposed
development will be unlikely to result in any adverse impacts on the existing
air quality or result in any pollution.
Flora and fauna
Construction of the proposed development will be unlikely
to have any significant adverse impacts on biodiversity or threatened species
of flora and fauna. Part 7 of the Biodiversity Conservation Act 2016 is
considered to be satisfied.
Offset plantings for the single tree proposed to be removed
will be required in accordance with the Mill Hill Koala Plan of Management.
Waste
Satisfactory arrangements are in place for proposed storage
and collection of waste and recyclables. No adverse impacts anticipated.
Energy
The proposal includes measures to address energy efficiency
and will be required to comply with the requirements of BASIX.
Noise and vibration
No adverse impacts anticipated. Condition recommended to
restrict construction to standard construction hours.
Bushfire
The site is identified as being bushfire prone.
In accordance with Section 100B - Rural Fires Act 1997 -
the application proposes subdivision of bush fire prone land that could
lawfully be used for residential purposes. As a result, the applicant has
submitted a bushfire report prepared by a Certified Consultant. The report was
forwarded to the NSW Rural Fire Service who have since issued a Bushfire Safety
Authority, which will be incorporated into the consent.
Safety, security and crime prevention
The proposed development is unlikely to create any
concealment/entrapment areas or crime spots that would result in any
identifiable loss of safety or reduction of security in the immediate area.
Social impacts in the locality
Given the nature of the proposed development and its’
location the proposal is unlikely to result in any adverse social impacts.
Economic impact in the locality
No adverse impacts. Likely positive impacts can be
attributed to the construction of the development and associated flow on
effects (ie maintained employment and increased 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 are
likely.
Construction
No
unreasonable potential adverse impacts identified to neighbouring properties
with the development as proposed outside of normal construction impacts.
Cumulative impacts
The proposed development is not expected to have any
adverse cumulative impacts on the natural or built environment or the social
and economic attributes of the locality.
(c) The suitability of the site for
the development:
The proposal
will fit into the locality and the site attributes are conducive to the
proposed development. Site constraints have been adequately addressed and
appropriate conditions of consent recommended.
(d) Any submissions made in
accordance with this Act or the Regulations:
One written submission has been received following public
exhibition of the application.
Key issues raised in the submission received and comments
in response to these issues are provided as follows:
|
Submission
Issue/Summary
|
Planning
Comment/Response
|
|
The roof height of the
development should be in keeping with the properties on either side of the
site, so as not to restrict the views of properties on the opposite side of
Lomandra Terrace.
|
The roof height of the
development will be similar to the existing dwellings on either side, which
present as single storey to the street and increase to two storeys at the
rear of the site where the land falls away from the street.
It is noted that the building
will also be well below the 8.5m height limit for
the area.
|
|
The front setback should be similar to and in keeping
with the properties on either side.
|
The front setback of the proposed development is a
minimum of 5.5m, which is comparable to the setbacks of the adjoining
dwellings of approximately 4.0m (No. 18 - secondary frontage) and 5.8m (No.
14 – primary frontage).
|
(e) The Public Interest:
The proposed
development will be in the wider public interest with provision of appropriate
additional housing. The proposed development satisfies relevant planning controls
and is unlikely to impact on the wider public interest.
4. DEVELOPMENT
CONTRIBUTIONS APPLICABLE
· Development contributions will be required towards
augmentation of town water supply and sewerage system head works under Section
64 of the Local Government Act 1993.
· Development contributions will be required under Section 94
of the Environmental Planning and Assessment Act 1979 towards roads, open
space, community cultural services, emergency services and administration
buildings.
5. CONCLUSION AND
STATEMENT OF REASON
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 considered suitable
for the proposed development and the proposal adequately addresses relevant
planning controls. The development is not considered to be contrary to the
public's interest and will not result a significant adverse social,
environmental or economic impact. It is recommended that the application be
approved, subject to the recommended conditions of consent provided in the
attachment section of this report.
|
Attachments
1View. DA2018
- 213.1 Recommended Conditions
2View. DA2018
- 213.1 Plans
3View. DA2018
- 213.1 Submission
|
