Agenda of Development Assessment Panel

AGENDA Development Assessment Panel 28/11/2018

Item: 05

Subject: DA2017 - 736.1- Staged 198 Site Manufactured Home Estate With Associated Amenities And Infrastructure, And Modification To Previous Approved Subdivision (DA2006-57) - 79 Batar Creek Road, Kendall

Report Author: Patrick Galbraith-Robertson

Applicant: Land Dynamics

Owner: M J & P B Angel

Estimated Cost: $7.075M

Parcel no: 30145, 30146 & 30147

Alignment with Delivery Program

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

RECOMMENDATION

That DA2017 - 736.1 for a two (2) lot subdivision, modification to previous approved subdivision and a staged 198 site manufactured home estate with associated amenities and infrastructure at Lot 1 DP 122192, Lot 79 DP 655658, Lot 23 DP112083 and Lot 1 DP 1142845, Batar Creek Road, Kendall be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a Development Application for a two (2) lot subdivision, modification to previous approved subdivision and staged 198 site manufactured home estate within associated amenities and infrastructure at the subject site. The report provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

Following exhibition of the application on two (2) occasions, 134 submissions and a signed petition have been received.

The proposal has been amended during the assessment, including the following changes:

1. A reduction in the number of MHE sites from 280 to 198 and residential lots from 19 to 12.

2. Increase in the extent of open spaces areas and landscaping throughout the development site and increase in buffer to the showground to 20m width and Batar Creek Road in the north-west corner of the site.

3. Submission of a Design Statement for regulating the character of future dwellings to be incorporated into the MHE.

4. Change of location of on-site manager’s residence to site No.78.

5. The width of the road corridors within the MHE have been increased.

6. Change in visitor parking spaces within the MHE to 70 parking spaces including 4 disabled parking spaces.

7. Deletion of the entry gate to the MHE.

8. Addition of Lot 1 DP 1142845 to the proposal.

1. BACKGROUND

Existing sites features and surrounding development

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 subject land is described as Lot 1 DP 122192, Lot 79 DP 655658, Lot 23 DP 112083 and Lot 1 DP 1142845, No. 79 Batar Creek Rd, Kendall. The land occupies an area of approximately 21.8ha and is mainly cleared.

The site currently contains a dwelling house and associated out buildings on the two larger parcels, with direct access to Batar Creek Road. A narrow parcel of land along the northern boundary is also included in the development site. The site is located on the southern edge of the town of Kendall and immediately to the north is the Kendall Showground. To the west of the site is a large lot residential area with access via Benaroon Drive. A large farm dam with an approximate area of 7500m² is in the southeast of the site.

The site has been extensively cleared in the past and has been used for the grazing of cattle. Small patches of vegetation have regrown in some areas. Small stands of remnant forest along the northwest and eastern boundary remain, along with occasional scattered trees throughout the site.

The site was rezoned from rural to residential in 2006.

Kendall is a village located approximately 13km west of the coastal township of Laurieton and approximately 25km south of Port Macquarie. Kendall and Kew provide for a range of services and facilities to the residents of both villages and the surrounding rural locality including a primary school, RSL Club, Hotel, general store and other convenience stores, service station, show ground, public swimming pool, tennis courts, showground, golf course and community hall.

The North Coast Rail Line is to the east of the subject site. A small ridgeline extends onto the subject site from the northwest and progresses towards the centre of the site. Generally flat topography is present in the central portion of the subject site adjacent to the crest of the ridgeline.

The existing subdivision pattern and location of existing development within the locality is shown in the following aerial photographs (2012 and Nearmap July 2018):

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· Consolidation of the four (4) allotments and re-subdivision into two (2) lots to reflect the boundary between the subdivision consent in the southern and western sections of the site and this development is proposed.

· Demolition of all structures and filling of the dam.

· Retention of 12 existing torrens title residential allotments and partial road design as per DA 2006/57, including access to Batar Creek Rd via a roundabout and construction of a cycleway to the north of the site (to occur as per the existing consent DA2006/57).

· 198 manufactured housing sites under a private title arrangement, to be constructed in stages. The proposed residential sites vary in size and range from 272m² to 466m².

· It is proposed to undertake the development in a number of stages, as shown in the Staging Plan below. The vehicular access point will be constructed at Batar Creek Rd and up to the entrance of the main entrance to the MHE as part of Stage 1. This construction will occur as part of the current approval under DA2006/57 and appropriate rights of carriageway in favour of the MHE will be created.

· The Clubhouse is included in Stage 1 so that residents in Stage 1 have access to community facilities from the beginning of the development. The remaining community facilities will be provided at varying stages depending on their location within the site.

· On-site manager’s residence will be located on site No. 78.

· Road network within the MHE connecting into the approved road design and access from Batar Creek Road. The roads within the MHE are in private ownership with access over the private roads.

· Facilities for the residents of the MHE including a Clubhouse (dining and bar area, lounge area, cinema, craft, gym, library, games area, administration, kitchen and toilets), swimming pool, bowling green, tennis court, community vegetable garden, men’s shed, maintenance shed and caravan storage area.

· A series of internal private parks and landscaping links with pathways throughout the development and an external link to the north-west of the site which leads into Kendall, as well as a number of smaller links to the subdivision to the south-west approved by DA2006/57.

· Bio-detention ponds for drainage and water quality within the eastern landscaped areas (consistent with DA2006/57).

· Provision of services and utilities to the site.

· Provision of Asset Protection Zones.

· Removal of vegetation along the eastern boundary and replacement planting in the large area of open space in the north-east corner.

· Consent is being sought for the MHE sites, with a range of dwelling types that would fit the sites, with examples shown in the supporting documentation and a Design Statement provided for the future dwellings. Separate approval under S.68 would then be sought for the dwellings and tenure is secure under the Residential (Land Lease) Communities Act 2013 No 97.

· 70 visitor car parking spaces (including 4 disabled spaces) are proposed throughout the development and at the entry to the site adjacent to the security entrance.

· A 20m wide landscaped strip to the showground to the north with a 1.8m high wire security fence to the boundary and timber fencing to the dwelling sites.

· Timber fencing to the southern and western boundaries of the MHE, adjacent to the approved residential lots.

· An objection under s.82 of the Local Government Act is also sought as part of this application, to allow the dwellings to be built on site.

Select extracts of images from the details submitted are shown below:

Staging proposed

Example of manufactured home

DA 2006 – 57 approved layout

Council confirmed by letter dated 9 December 2010 that works had physically commenced and as such the consent has not lapsed. The consent was modified by Council on 18 April 2017 to rectify errors and remove the restriction on the timeframe for completion of the development.

DA2006/57 was approved on the site for a residential subdivision and child care centre. The general concept has been based on this approved layout, in particular having regard to the vehicular entry point and perimeter road layout, landscaped drainage area along the eastern boundary and pedestrian linkages to the north. This approval can be undertaken in stages, which Council requires to be confirmed prior to the Construction Certificate.

It is not proposed that the MHE would occupy the entire site and as such, the traditional subdivision has been maintained on the south-west portion of the site, in accordance with DA2006/57. The intersection, including an approved round-about at Batar Creek Rd is being constructed as part of DA2006/57. A cycleway along Batar Creek Rd to the northern edge of the showground will also be constructed as part of that consent.

Refer to attachments at the end of this report.

Application Chronology

· 22 August 2017 – DA lodged with Council.

· 29 August 2017 – Additional fees and Social Impact Assessment requested.

· 5 September 2017 – Referral to NSW Rural Fire Service.

· 7 September 2017 – Social Impact Assessment received and showground interface plan.

· 14 September to 13 October 2017 – Neighbour notification and advertising of original proposal.

· 17 October 2017 – Bushfire Safety Authority from the NSW Rural Fire Service received.

· 18 October 2017 – Applicant advised that a lot of public interest in application following exhibition.

· 2 November 2017 – Additional information request – issues raised: submission issues, sewer, access, transport, traffic, water supply, stormwater, flooding, relationship to previous DA2006 – 57.2 and proximity to showground.

· 23 November 2017 – Meeting with Applicant to discuss assessment issues.

· 23 November 2017 – Referral to the NSW Roads and Maritime Services.

· 28 November 2017 – Applicant submitted detailed sewer loading calculations.

· 11 December 2017 – Referral sent to the NSW Rail Authority.

· 12 December 2017 – Additional assessment concerns raised with regards to traffic impacts.

· 19 December 2017 – Advice received from the NSW Roads and Maritime Services.

· 12 February 2018 – Meeting with Applicant to discuss assessment issues.

· 16 March 2018 - Meeting with Applicant to discuss assessment issues.

· 22 March 2018 – Applicant requested advice on how other MHE developments have been assessed with regards to traffic.

· 28 March 2018 – Applicant provided with neighbour contact details to explore sewer main alternative alignments.

· 4 April 2018 – Advice provided to Applicant on how other developments assessed from a traffic impact perspective.

· 10 April 2018 – Advice provided to Applicant that on-site sewage option for managing sewerage is not able to be considered.

· 4 May 2018 - Meeting with Applicant to discuss assessment issues.

· 15 May 2018 – Applicant advised that community meeting planned for 17 May 2018 at Kendall Services Club.

· 1 June 2018 – Advice provided to Applicant from Council Sewer section.

· 25 June 2018 – Amended proposal and additional information submitted by Applicant.

· 26 June 2018 – Amended proposal referred back to the NSW Rural Fire Service.

· 29 June 2018 – Further details on sewerage management proposal queried.

· 29 June 2018 – Additional sewer details received from Applicant.

· 4 July 2018 to 30 July 2018 – Amended proposal notified and public exhibited.

· 27 July 2018 – Extension of exhibition period until 13 August 2018.

· 31 July 2018 – Amended Bushfire Safety Authority received from the NSW Rural Fire Service.

· 20 August 2018 – Submission issues forwarded to Applicant for consideration.

· 21 August 2018 – Applicant advised liaising with showground representatives.

· 22 August 2018 – Meeting with showground representative regarding new sewer alignment.

· 22 August 2018 – Sewer section advice provided to Applicant.

· 28 August 2018 – Advice provided to showground with regards to optional sewerage alignment.

· 7 September 2018 – Alternative sewer upgrade line proposed not relying on showground access.

· 12 September 2018 – Advice provided to the Applicant on the alternate sewer alignment.

· 20 September 2018 - Applicant confirmed latest sewer alignment, updated services plan and provided a response to the submission issues raised with the amended proposal.

· 2 October 2018 – Further information submitted regarding stormwater and flooding assessment issues.

· 20 November 2018 – Discussed draft consent conditions with Applicant and owner’s consent received for Lot 1 DP 1142845.

3. STATUTORY ASSESSMENT

Section 79C(1) Matters for Consideration (as in force at the time of the lodgement of the DA)

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. 21 - Caravan Parks

The proposal is not for a caravan park under this SEPP. The proposal is for a manufactured home estate with the following SEPP 36 being applicable to consider.

State Environmental Planning Policy No. 36 - Manufactured Home Estates

The aims of this policy and comments are provided below:

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

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

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

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

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

Comment(s): The proposal will provide a form of alternative residential housing in a specifically designed estate. Adequate provision has been made for on-site facilities, services and open space above minimum standards of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

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

Comment(s): Assessment of the proposal (as amended) having regard to landscape, scenic and in particular ecological qualities have concluded the site suitable for the proposed development.

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

Comment(s): The proposed development will be capable of being serviced by adequate infrastructure including reticulated water and sewer facilities. The proposal will provide a number of community facilities within the estate and access to social and health services will be available by a private bus service.

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

Comment(s): Measures have been incorporated into the design of the estate to provide adequate protection to the environment within and surrounding the proposed estate. Buffers to Batar Creek Road and the adjoining Showground and additional landscaped open space has been added to the proposal during the assessment of the DA.

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

Comment(s): Tenure is largely secured through the large upfront capital required to establish supporting infrastructure. Conditions of consent have been recommended to require community and recreational facilities to be provided up front and before occupation of any sites particularly noting the Staging of the proposal. Tenancy agreements are the other means for tenure security for future residents.

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

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

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

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

Clause 7 - Development consent required for manufactured home estates

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

Comment(s): Noted. This Development Application is seeking development consent.

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

Comment(s): Noted. A suitable condition is recommended in this regard.

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

Comment(s): Noted. The installation or construction of a dwellings on individual manufactured home sites will not require separate development consent.

Clause 8 - Subdivision of manufactured home estates

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

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

(b) under the Community Land Development Act 1989,

only with the development consent of the council.

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

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

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

Comment(s): No subdivision of the MHE for lease or community title purposes is proposed with the subject development application.

Clause 9 - Matters to be considered by Councils

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

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

Comment(s): Each of the proposed sites within the proposed estate are capable of being serviced by reticulated water, reticulated sewer, drainage and electricity services. Appropriate conditions are recommended in this regard.

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

Comments(s): The road network provided to and within the estate is considered appropriate for the proposed development. A private daily bus service is proposed to provide residents who can’t drive a motor vehicle with access to wider services and destinations as an alternate mode of transport. A Community Bus Time Table is to be developed and distributed to residents.

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

Comment(s): A range of community facilities are proposed within the estate, which will be directly available and accessible to the residents within the estate. The community facilities proposed include a clubhouse, swimming pool, bowling green, tennis court, men’s shed and community gardens. In providing a private bus service residents within the estate will also have access to other facilities and services outside the estate and surrounds.

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

• conservation area

• heritage item

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

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

Comment(s): The proposed development will not have any identifiable adverse impacts on any of the above. The previous subdivision approval of the site is also noted.

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

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

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

(b) any relevant guidelines issued by the Director,

Comment(s): No relevant guidelines identified.

(c) the provisions of the Local Government (Manufactured Home Estates) Transitional Regulation 1993.

Comment(s): The above Regulation has since been repealed. The Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 is the current Regulation applicable. A detailed checklist of compliance with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 is provided below:

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

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

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

CLAUSE	REQUIREMENT (in summary)	COMMENT/COMPLIANCE
Division 1 Application of Part
Clause 1-4	No specific requirements only information on the legislation in terms of operation, definitions etc	Noted
5 Application of Part	This part applies to both the operation of the manufactured home estate and the installation of the home itself.	Noted
Division 2 Approvals and exemptions
6 Factors for consideration before approval is granted	(1) Council must be satisfied that the estate will be designed in accordance with Division 3; and (2) Council must have regard to the Floodplain Development Manual.	(1) The proposed development has been designed in accordance with Division 3, refer to comments in Division 3; (2) Consultation has been undertaken with Council’s Flooding Engineer as part of the site is mapped as flood prone land. Fill is proposed in low lying section to meet required flood planning levels. Council’s Flooding Engineer has given consideration to the proposal with regard to the Floodplain Development Manual and provided recommended conditions to be applied to any consent issued.
7 Matters to be specified in approval	Any approval must specify the number, size and location of the dwelling sites.	N/A only relevant to approval to operate.
8 Conditions of approval	The approval must be conditioned to ensure the design, construction, maintenance and operation of the estate is in accordance with Division 3.	N/A only relevant to approval to operate.
9 Conditional exemption	(1) Council approval is not required for: (a) the installation of a home within the estate, so long as it is designed, constructed and installed in accordance with Division 4 and is only occupied after certificate of completion is issued; or (b) the associated structure is designed, constructed and installed in accordance with Division 4. (2) This exemption applies only of the installation is carried out by the operator of the estate. (3) This exemption does not apply to the installation of a home on flood liable land. (4) This exemption does not apply for homes or associated structures of more than one storey.	N/A only relevant to approval to operate.
10 Installation on flood liable land	(1) Council must have regard to the Floodplain Development Manual. (2) The home must be designed, constructed and installed in accordance with Division 4.	(1) As detailed above part of the site is mapped as flood prone land. However fill is proposed to meet the necessary flood planning levels. (2) Noted.
11 Installation of manufactured home or associated structure of more than one storey	Council assessment must have regard to the amenity of the adjoining occupiers.	N/A only relevant to approval to operate/install. The plans provided indicate the dwellings will be of single storey construction.
Division 3 Manufactured home estates
12 Minimum size of estate	Estate must have an area of not less than 1 hectare.	Complies – total proposed manufactured home estate area is approximately 20 hectares.
13 Community amenities	(1) 10% of total area of estate must be reserved for recreation or other communal activities. (2) If lesser proportion, Council must have regard to the type and range of amenities proposed.	Approximately 43% of the site is available for recreational or communal activities which is in excess of the 10% minimum standard.
14 Size of dwelling sites	A dwelling site must have an area of at least 130m².	Complies – All proposed site have areas exceeding 130m². Minimum site area is 272m2 to 466m².
15 Site identification	(1) Dwelling site to be numbered with clearly identified boundaries. (2) Site identification must be conspicuous.	Complies – Each of the dwelling sites will be clearly numbered.
16 Dwelling sites to have road frontage	A dwelling site must have vehicular access to a road.	Complies – all proposed dwelling sites have frontage to a road
17 Setbacks of community buildings	(1) Not to be located closer than 10m to boundary of estate and dwelling sites. (2) Any lesser distance to satisfy Council that building has been properly screened, fenced, enclosed or otherwise treated. (3) Must not in any case be closer than 2m to any boundary.	The community facility buildings are to be setback greater than 10m from boundaries of the site.
18 Setbacks of dwelling sites from road frontages	(1) No closer than 10m to a public road or 3m to any other boundary unless approved. (2) Any lesser distance to satisfy Council that the dwelling site has been properly screened, fenced, enclosed or otherwise treated.	All dwelling sites are located greater than 10m from a public road and 3m from any other property boundary.
19 Use of buffer zones	Buffer zones can be used for: (a) community amenities, access roads, car parking, footpaths or landscaping, or (b) or any similar purpose.	Complies.
20 Entrance and exit roads	(1) Entrance to or exit from estate must be 8m wide. (2) Divided roads to have at least 5m on either side. (3) Tapers between entrance and access roads to be in the approval.	Complies. The entrance and exit roads meet the requirements.
21 Width of roads	(1) Road reserve to be: (a) 8.5m for major access road, and (b) 6m for minor access road. (2) Sealed portion of access road must be: (a) 6m for major roads, and (b) 4m for minor roads. (3) Passing bays required for minor access roads exceeding 80m in length (4) Passing bays at intervals of 100m. (5) Sealed portion of access road with a passing bay to be: (a) 8.5m for major road, and (b) 6m for minor roads.	The widths of all proposed internal roads are capable of compliance with the requirements. Passing bays not required as no minimum road (i.e. 4m width is proposed).
22 Speed restrictions as part of road design	(a) 30 km/hr for major access roads, and (b) 15 km/hr for minor access roads.	To be sign-posted accordingly and suitable condition recommended.
23 Visitor parking	(1)(a) 8 spaces for an estate with 35 sites. (b) 12 spaces for 35 to 70 sites. (c) 16 spaces for 70 to 105 sites. (d) 20 spaces for 105, plus 1/7 sites over 140. (2)(a) Minimum dimensions of 5.4m x 2.5m, and (b) 6.1m x 2.5m. (3) Visitor spaces to be clearly identified.	For the 198 sites proposed a total of 29 visitor car parking spaces are required. It is proposed to provide 70 visitor spaces throughout the property. All spaces satisfy the minimum dimension requirements.
24 Visitor parking for people with disabilities	(1) 1 space for people with a disability. (2) If more than 100 sites - 1 / 100 sites of fraction of 100 sites. (3) In accordance with AS/NZS 2890.1:2004. (4) Visitor and disabled spaces to be clearly marked. (5) Visitor spaces to be counted under clause 23.	For the 198 sites proposed a total of 2 disabled visitor spaces are required. 4 disabled visitor spaces proposed.
25 Road surfaces	Must have all-weather sealed surface, allow for adequate drainage and eliminate excessive grades.	All proposed roads to and within the development will have all asphalt sealed surface and will allow for adequate drainage.
26 Lighting	Roads to be lit between sunset and sunrise.	All roads proposed to be lit via fixed street lighting.
27 Water supply	(1)(a) Estate must be connected to mains water, or (b) provided with an alternative. (2)(a) Dwelling site must be connected to the estate water supply, and (b) separately metered. (3)(a) water supply to comply with the Plumbing and Drainage Code of Practice, and (b) Requirements of relevant statutory bodies. (4) Water for domestic requirements to comply with 'Australian Drinking Water Guidelines.	Complies – Estate is to be connected to mains water. Each dwelling site is to be connected to the estate water supply and to be separately metered.
28 Sewerage	(1)(a) Estate must be connected to main sewer, or (b) alternative approved system. (2) Dwelling site to be connected to estate system. (3)(a) System to comply with the Plumbing and Drainage Code of Practice, and (b) Requirements of relevant statutory bodies.	Complies. Estate to be connected to reticulated main sewer. A new sewer main is required outside of the development site. Each dwelling site will be required to be connected to the estate system.
29 Drainage	(1) Estate to comply with specified and approved stormwater drainage system. (2)(a) dwelling site to be connected with estate system, or (b) or provided with on-site drainage system. (3)(a) System to comply with the Plumbing and Drainage Code of Practice, and (b) Requirements of relevant statutory bodies.	Conceptual stormwater management plan has been submitted and will be conditioned to comply. Dwelling sites will be required to be directly connected to the stormwater drainage system.
30 Electricity supply	(1) Dwelling site to be supplied with electricity and a separate meter. (2) Installation in accordance with AS/NZS 3000:2000. (3) Electricity charge to comply with standard for locality.	Electricity supply is capable of being supplied to each dwelling site. Recommended condition applied requiring letter from respective electricity authority confirming satisfactory arrangement have been made.
31 Telephone lines	Must be available to each dwelling site.	Each dwelling site will capable of having a telephone service available.
32 Common trenches	Common trench may be used.	Noted.
33 Garbage removal	Arrangements to be specified and must be in a clean and sanitary condition.	All proposed dwelling sites will be provided with a garbage collection service via a private waste contractor. Bin storage areas have been identified on plans in the north-east corner of site.
34 Fire hydrants	(1) Dwelling site and community building to be no more than 90m from fire hydrant. (2)(a) hydrant to be a double-headed pillar-type hydrant, and (b) maintained to standard specified.	Fire hydrants are proposed to meet the requirements.
35 Buildings	(1) A building must not be erected in an estate unless the approval allows. (2) Buildings allowed within an estate include: (a) community building, (b) Brick or masonry separating walls or external facades to homes. (3) Brick or masonry external façade permitted only if: (a) the dwelling site is within a 'neighbourhood lot', and (b) the owner of the lot is also the proprietor.	Complies. No buildings, other than community/recreational buildings are proposed as part of this proposal.
36 Use of manufactured home estates	(1)(a) estate must not be used for any other commercial purpose, or (b) manufacture, construction or reconstruction of a moveable dwelling. (2) Manufactured home may be used for exhibition purposes. (3) Renovation and maintenance permitted on homes.	Noted.
37 Community map	Map to be provided to Council.	Noted. A community map will be provided to Council and will be a condition of any approval to operate the MHE under a separate section 68 permit.
38 Access to approval and community map	Approval, community map and this Regulation must be available for inspection.	Noted. Will be condition as part of the approval to operate the MHE under a separate section 68 permit.

State Environmental Planning Policy No. 44 - Koala Habitat Protection

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

The Applicant has submitted an ecological impact assessment prepared by Naturecall Environmental. The ecological assessment identified that the site qualified as Potential Koala Habitat due to the property containing greater than 15% Schedule 2 species however the site was assessed as not qualifying as Core Koala Habitat.

A findings of the Ecological Assessment are considered acceptable and the no further provisions of this SEPP require consideration in this regard.

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 any nearby existing aquaculture industries.

State Environmental Planning Policy No. 64 – Advertising and Signage

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

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

State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

The Applicant has submitted that the development is not age restricted. No provisions of this SEPP require specific consideration in this regard.

State Environmental Planning Policy (Infrastructure) 2007

The proposal has been referred to NSW Roads and Maritime Services (RMS) during the assessment of the application. The advice received from the RMS has been considered later in this report.

State Environmental Planning Policy (State and Regional Development) 2011

The proposed development does not have a capital investment value of more than $20 million and is not considered Regional Development (as per legislation in force at the time of lodgement of the DA). No provisions of this SEPP require specific consideration in this regard.

Port Macquarie-Hastings Local Environmental Plan 2011

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

· Clause 2.2, the subject site is zoned R1 General Residential and RU1 Primary Production (only Lot 1 DP 1142845 zoned RU1). In accordance the SEPP36 for a Manufactured Home Estate to be permissible a ‘caravan park’ under this LEP is to be permissible. In this regard, in accordance with clause 2.3(1) and the R1 and RU1 zone landuse table, the proposed development for a ‘caravan park’ is a permissible landuse with consent in the R1 zone however it is noted that the proposal could arguably be also defined as ‘multi-dwelling housing’ which is also permissible in the R1 zone. The proposed recreation and communal facilities are based upon the submitted details and locations best characterised as being ancillary and subordinate to the primary landuse and therefore permissible. The current approved road access across Lot 1 DP 1142845 has been approved under DA2006 – 57 which is propose to be modified by this DA and will be consolidated under the two (2) torrens title subdivision. The SEPP 36 requires communal facilities also which implies permissibility also for such ancillary uses.

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.

The objectives of the RU1 zone are as follows:

o To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

o To encourage diversity in primary industry enterprises and systems appropriate for the area.

o To minimise the fragmentation and alienation of resource lands.

o To minimise conflict between land uses within this zone and land uses within adjoining zones.

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

o the proposal is a permissible landuse;

o the proposal will provide for an alternative type of residential housing with a range of opportunities for varied housing types.

o the entire site is not proposed as MHE with part of a previous approved torrens title subdivision retained to be proposed.

o The Lot 1 referred to above has no agricultural potential and is intended to consolidated with the subdivision component of the proposal.

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

· Clause 4.1, the lot sizes within the proposed two(2) lot subdivision and the remaining subdivision to be modified under DA2006 – 57 range from 790m2 to 17.587 hectares. All proposed lots comply with the minimum lot sizes identified in the Lot Size Map – 450m2 lot size relating to the site.

· Clause 4.4, the floor space ratio of the component of proposal with permanent community amenity buildings does not exceed and 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 7.3, the site is land within a mapped “flood planning area” (Land subject to flood discharge of 1:100 annual recurrence interval flood event (plus the applicable climate change allowance and relevant freeboard) In this regard the following comments are provided which incorporate consideration of the objectives of Clause 7.3 and 7.4, Council’s Flood Policy 2015, the NSW Government’s Flood Prone Lands Policy and the NSW Government’s Floodplain Development Manual (2005):

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

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

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

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

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

· Clause 7.13, satisfactory arrangements are in place for provision of essential services including water supply, electricity supply, sewer infrastructure, stormwater drainage and suitable road access to service the development. Provision of electricity will be subject to obtaining satisfactory arrangements certification prior to the issue of a Subdivision Certificate and/or Occupation Certificate stage as recommended by conditions of consent.

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

No draft instruments apply to the site

(iii) any Development Control Plan in force:

Port Macquarie-Hastings Development Control Plan 2013

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

*DCP 2013: General Provisions*
	Requirements	Proposed	Complies
2.2.2.1	Signage to be building or business identification. Be contained to within the property. Not project above building facades. Potential for light spill from illumination to be subject to curfew.	Entrance signage on front wall identifying the estate proposed. No illumination proposed.	Yes
2.3.3.3	Significant land reforming proposals shall not change surface levels by more than 5m.	Landform change is less than 5m change proposed.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	Earthworks proposed up front and capable of being managed. These provisions relates to developed individual sites where neighbour amenity issues are required to be considered. Suitable site management conditions recommended.	Yes
2.3.3.2	1m max. height retaining walls along road frontage	No retaining walls along road frontage proposed.	N/A
	Any retaining wall >1.0 in height to be certified by structure engineer	Engineering certification capable.	Yes - capable
	Combination of retaining wall and front fence height max 1.8m, max length 6.0m or 30% of frontage, fence component 25% transparent, and splay at corners and adjacent to driveway	No combination of retaining and front fence proposed.	N/A
2.3.3.8	Removal of hollow bearing trees	No hollow bearing trees are proposed to be removed. Refer to detailed comments under the flora and fauna headings of this report.	Yes
2.6.3.1	Tree removal (3m or higher with 100m diameter trunk at 1m above ground level and 3m from external wall of existing dwelling)	Tree removal is proposed, Refer to detailed comments under flora and fauna heading of this report. 2 for 1 replacement koala food tree plantings are recommended by the ecological report submitted. 13 koala food trees are proposed to be removed therefore 26 offset plantings required. The amended landscaping plan submitted satisfactorily addresses this requirement.	Yes
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater	Refer to main body of report.	Yes
2.5.3.2	New accesses not permitted from arterial or distributor roads	Access proposed via proposed public road connection to Batar Creek Road under a previous approved subdivision DA.	Yes
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking	Single entry and exit point proposed via public road.	Yes
2.5.3.3	Parking in accordance with Table 2.5.1.	Adequate off-street parking is proposed consistent with the requirement of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.	Yes
2.5.3.11	Section 94 contributions	Refer to main body of report.	Yes
2.5.3.12 and 2.5.3.13	Landscaping of parking areas	Suitable landscaping proposed.	Yes
2.5.3.14	Sealed driveway surfaces unless justified	Internal roads to be sealed.	Yes
2.5.3.15 and 2.5.3.16	Driveway grades first 6m or ‘parking area’ shall be 5% grade with transitions of 2m length	Internal roads can comply with requirements of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.	Yes
2.5.3.17	Parking areas to be designed to avoid concentrations of water runoff on the surface.	Parking areas will be adequately drained.	Yes
2.5.3.17	Vehicle washing facilities – grassed area etc available.	Suitable areas available for car washing.	Yes
2.7.2.1	Social impact assessment shall be submitted in accordance with Council’s Social Impact Assessment Policy	A Social Impact Assessment has been submitted with the DA which is considered later in this report.	Yes
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline	Adequate casual surveillance will be available for all community amenities within the development.	Yes

*DCP 2013: Chapter 3.6 - Subdivision*
DCP Objective	Development Provisions	Proposed	Complies
3.6.3.1	A site analysis is required for all development and shall illustrate: · microclimate; · lot dimensions; · north point; · existing contours and levels to AHD; · flood affected areas; · overland flow patterns, drainage and services; · any contaminated soils or filled areas, or areas of unstable land; · easements and/or connections for drainage and utility services; · identification of any existing trees and other significant vegetation; · any existing buildings and other structures, including their setback distances; · heritage and archaeological features; · fences; · existing and proposed road network, including connectivity and access for all adjoining land parcels; · pedestrian and vehicle access; · views to and from the site; · overshadowing by neighbouring structures; and · any other notable features or characteristics of the site.	Satisfactory site analysis submitted.	Yes
3.6.3.2	Torrens title lots minimum width of 15m when measured at a distance of 5.5m from front property boundary.	>15m width within all proposed torrens title lots	Yes
	Minimum width of 7m when boundaries are extended to kerb line.	N/A	N/A
	Minimum depth of 25m.	>25m depth within all proposed torrens title lots	Yes
	For lots where average slope of the site is equal to, or exceeds 16%, indicative road and driveway grades are required demonstrating satisfactory access.	No long sections of likely driveway grades required.	N/A
3.6.3.3	Battleaxe lots discouraged in greenfield development.	No battle axe lots proposed.	N/A
3.6.3.4	Lots are to be designed to allow the construction of a dwelling, which does not involve more than 1m cut, or fill, measured from natural ground level, outside the dwellings external walls.	All torrens lots capable of accommodating dwelling designs with minimum cut and/or fill	Yes
	Lot sizes increased for sloping sites in accordance with Table 3.6.1.	Lot sizes >600m2	Yes
	Additional information provided for slope categories in accordance with Table 3.6.2.	N/A	N/A
3.6.3.5	Wherever possible orientate streets to maximise the number of east, west and south facing lots and to minimise the number of narrow north facing lots. Residential street blocks should preferably be orientated north-south with dimensions generally limited to 60-80m by 120-150m as illustrated in Figure 3.6-2.	Lot orientation designs are acceptable for future dwellings.	Yes.
3.6.3.5	Lot size and shape are to reflect orientation to ensure future dwelling construction has optimal opportunity for passive solar design.	Lot orientation designs acceptable to permit future dwellings with passive solar design capability.	Yes
3.6.3.6	Kerb and guttering, associated street drainage, pavement construction and foot paving across the street frontages should be constructed as part of the subdivision works where these do not exist (may be varied subject to criteria in this clause)	Kerb and gutter required for the torrens title subdivision component.	Yes
3.6.3.7	Subdivisions close to urban centres or along arterial roads serviced by public transport achieve yield of >35 dwellings per hectare.	N/A – modifying previous subdivision approval	N/A
3.6.3.20	Water supply to meet Council’s design specifications.	Water supply arrangements satisfactory – refer to comments later in report.	Yes
3.6.3.21	All lots connected to reclaimed water if available.	N/A	N/A
3.6.3.24	Separate sewer junction provided for each lot.	Separate sewer junction provided for each lot.	Yes
3.6.3.27	Erosion and sediment control plan to be provided.	Erosion and sediment control plan to be in place prior to and during construction.	Yes
3.6.3.34	All service infrastructure should be underground unless otherwise approved by Council.	All service infrastructure to be underground	Yes
	All service infrastructure should be installed in a common trench.	Construction detail to come at Construction Certificate stage – capable of being achieved	Yes – capable
	Conduits for the main technology network system should be provided in all streets.	Construction detail to come at Construction Certificate stage – capable of being achieved	Yes – capable
	Conduits are to be installed in accordance with the National Broadband Network Company Limited’s ‘Guidelines for Fibre to the Premises Underground Deployment’.	Construction detail to come at Construction Certificate stage – capable of being achieved	Yes – capable
	Access pits are to be installed at appropriate intervals along all streets.	Construction detail to come at Construction Certificate stage – capable of being achieved	Yes – capable
3.6.3.51	Street trees should be provided along all road frontages generally at a rate of 1 per 20m interval.	Street trees should be provided along all road frontages generally at a rate of 1 per 20m interval.
3.6.3.51	Street trees should not affect solar access.	Street trees will not result in any identifiable adverse impacts on solar access.	Yes
3.6.3.52	Street trees from Council’s list.	N/A – modifying previous subdivision approval – no street trees are proposed within the existing approved subdivision to be modified by this DA	N/A

(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:

Demolition of buildings AS 2601 – Clause 92

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

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

Context and Setting

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

The land to the east is zoned rural and will have a substantial separation to the MHE dwellings due to the large area of open space, drainage and community facilities.

The showground to the north will be screened by new fencing and a landscape strip along the entire northern boundary.

The proposal is considered to adequately address the planning controls for the area. The site is zoned for residential purposes and is adjoining the existing village of Kendall.

The Applicant has stated that the design of the subdivision and MHE has retained the allotments along Batar Creek Road as a transition between the subdivision and the MHE.

The more prominent hill top area of the site has been identified as open space and landscaping, in order to reduce the visual impact of the development when viewed from afar. The additional planting also assists in this regard.

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

The proposal will be unlikely to result in any significant adverse lighting impacts.

There are no identifiable adverse privacy impacts.

There are no identifiable adverse overshadowing impacts. The proposal (including future manufactured homes and dwellings) will be unlikely to prevent adjoining properties from receiving 3 hours of sunlight to private open space and primary living areas on 21 June.

Impact on existing Character of Locality

The assessment of impact on local character within the village of Kendall has been specifically requested to be addressed by the Applicant during the assessment of the application.

For a new development to be visually compatible with its context, it should contain, or at least respond to, the essential elements that make up the character of the surrounding environment. The most important contributor to character of Kendall is the relationship of built form to surrounding space created by building height, setbacks, landscaping, architectural style and materials used in existing buildings.

The Applicant has submitted a Character Statement together with an amended proposal and Design Reference Guide for future MHE dwellings for consideration in the justifying the suitability of the proposal.

The proposal (as amended) has been carefully assessed and the following key assessment comments are provided having regard to accepted Land and Environment Court Planning Principles established in Project Venture Developments V Pittwater Council (2005) NSWLEC 191:

· Open space is an essential part of the urban framework of Kendall. Existing plantings, gardens and trees within Kendall have been identified as forming part of the local character. The amended proposal has incorporated a significant amount of open space and landscaping with opportunities for planting canopy trees.

· The MHE sites are grouped together with large areas of open space surrounding and key architectural features, built form and landscaping incorporated.

· Kendall doesn’t have a consistent character however does contain many older buildings and dwellings with minimal setbacks located in the central area of the township. Other areas contain newer dwellings on standard residential sized blocks and others on rural-residential lots.

· The character of Kendall has changed in the past 10-15 years with the approval of new residential land subdivisions.

· Key built elements of other buildings in Kendall include gables, weatherboard cladding, timber posts, corrugated iron roof, verandahs and picket fencing. The design reference guide submitted by the Applicant satisfactorily responds to these key built form character requirements and the community amenity buildings also satisfactorily respond to the existing character also.

· The previous approved residential subdivision is being kept in part at the front of the site to provide a mix of built form and landscape.

It is considered that based upon the above that the proposal will result in a change in character for the Kendall area in particular however this is considered to be an acceptable physical and visual impact change.

Infrastructure with DA 2006/57

DA 2006/57 was originally consented on 12 June 2007. The landowner’s consultant provided evidence on 8 December 2010 that DA 2006/57 had been physically commenced. As the current proposal seeks to build on the same footprint, impacts on infrastructure in the surrounding area arising from the above items cannot form part of the current s79c assessment, except to the extent that the current proposal will intensify or increase these impacts.

The previous DA 2006/57 sets out a number of infrastructure requirements in connection with the residential lot subdivision and child care centre. Of note these included:

· Potable water, sewerage, underground electricity and telecommunications connections from Kendall to each lot;

· (Condition A17) Filling of the site a minimum 0.5m above the 1 in 100 year flood level (RL 5.5m AHD);

· (Condition A22) Street trees along the entire Road 1 as compensation for trees to be removed from the site (min. 75L plantings). Council’s AUSPEC D13 provides for a minimum average of 1 street tree per lot. 55 lots front Road 1 in the original consent and so 55 offset tree plantings are required. A plan is required to demonstrate how these trees will be provided under the current proposed layout within the public domain;

· (Condition A25) A minimum 2.1m wide shared cycleway from the site to the northern corner of the Kendall Showground (Lot 2 DP 1048212);

· (Condition A26) A new roundabout at the intersection of the estate entry and Batar Creek Road / Benaroon Drive;

· (Condition B1) Upgrade of the road shoulder and table drain for the full site frontage to Batar Creek Road;

· (Condition B2) A 9m wide perimeter collector road;

· (Condition B19) Regeneration of bushland within the eastern drainage basin area;

· (Condition B20) Dedicated public pathway 10m wide in the north west of the site linking from Batar Creek Rd to the internal subdivision roads;

· (Condition B21) Obtain a permit from ARTC to bore a sewerage pipeline under the railway;

· (Condition E25) Obtain a permit for works within 40m of water courses, including the proposed filling of onsite streams (now known as a Controlled Activity Approval application to the Office of Water);

· (Condition F3) A 24-month landscape and street tree maintenance program;

· A diversion swale along the western road frontage of the site to prevent runoff from Batar Creek Road flooding proposed residential lots along the western gully; and

· Provision of bio-retention basins in the east and southwest of the site to ensure catchment runoff meets AUSPEC D5 (use of detention facilities to mitigate any increase in peak outflows) and D7 (water quality outcomes). Refer to the Stormwater heading below for further discussion.

After the initial 2-lot subdivision, it is noted that the Applicant can proceed with the original subdivision instead of this Manufactured Home Estate (MHE) proposal.

Where appropriate, the above infrastructure requirements have been adjusted in line with the current proposal and are reflected in the recommended conditions of consent.

Traffic Study

Streetwise Road Safety & Traffic Services was engaged by the Applicant to conduct a Traffic Impact Assessment (TIA) for the development. The study assessed existing and future traffic conditions, and impacts that the development will have on the existing road network. Council staff has reviewed this information and its impacts to the surrounding public road network as determined the following.

The site is fronted by Batar Creek Rd south of the showground. Currently, Batar Creek Road is defined as an Urban Collector with a 9m wide pavement formation north of the showground and a Rural Local Road with a 6m wide pavement formation south of the showground.

The traffic study has carried out a traffic count at the intersection of Batar Creek Rd and Benaroon Dr and determined the existing daily traffic conditions adjacent to the site are 520 vehicles per day (vpd) and 55 veh/hr (am and pm conditions). Councils traffic counts on Batar Creek Road north of the site (near Laurel Street) taken in 2016 indicated a traffic count of 890 vpd, which is inconsistent with the findings of the one day count. Insufficient information has been provided in the Applicant’s traffic study to explain this discrepancy. Therefore, for the purposes of this report, Council officers have assumed worst case conditions along Batar Creek Road based upon Council 2016 counts.

Future background conditions were evaluated assuming a 1% (growth rate) p.a. increase in traffic over a ten year period, to year 2027. Using Council’s daily counts, this equates to anticipated background daily conditions in the year 2027 of 1,003 vpd.

The development proposal will consist of a mixture of Torrens Title lots and the proposed Manufacture Housing Estate (MHE) development sites. According to RMS “Guide to Traffic Generating Developments” (TDT 2013/04A Technical Direction) daily trip generation rates for standard residential dwellings in regional areas is determined to be 7.4vpd, 0.78 morning peak hour trips and up to 0.71 evening peak hour trips, resulting in 89 vpd for the 12 proposed Torrens Title lots.

The RMS guide does not provide similar industry trip generation rates for Manufactured Housing Estates (MHE). As such, further assumptions need to be made in determining their impacts.

Streetwise has conducted a one-day count on the 28 Jun 2017 at the Ocean Club Resort (reserved for over 55yr olds). Findings of the survey concluded the estimated daily trip generation for Ocean Club generates 3.6 vpd. Details associated with how this information was collected cannot be confirmed and only show data between 7:30 AM to 5:30 PM which may not reflect actual daily conditions.

The RMS “Guide to Traffic Generating Developments” recommends daily trip generation of 4-5 vpd, (and peak hour conditions of 0.4-0.5 vph) for two bedroom dwellings; and 5-6.5 vpd (0.5-0.65 vph) for three bedroom dwellings (using Median Density Residential Development numbers).

It is noted that this MHE proposes larger sites (280m² to397m²) than others seen in the area (approximately 250 m²) allowing larger dwellings to be constructed on each site. As sites do not define the dwelling sizes, estimates need to be made regarding dwellings size. For the purpose of this report, Council has assumed the potential for two and/or three bedroom dwellings (noting floor plans show capability of third bedroom). Assuming a trip generation rate of 6.5 vpd, 198 MHE sites are expected to generate a total of 1,287 vpd.

Summarising finding above, Council staff expects future traffic conditions (post development) on Batar Creek Road to be approximately 2,290 vpd. Council current engineering standards (Aus-Spec, D1 “Table D1 Characteristics of Roads in Rural Residential and Rural Subdivision Roads”) for rural roads would define road with expected daily traffic conditions over 2,000 vehicles to be upgraded to Collector Standards (see table below):

Furthermore, the scale of the development will create more than the minimum equivalent tenements requirements for a rural collector road. As such this development creates the need to upgrade Batar Creek Road from a Rural Local Road standard to a Collector Road standard. The DA has been conditioned to require this upgrade to Batar Creek Road, from the development intersection on Batar Creek Road north to the existing collector road network (showground driveway).

North of the showground, the existing pavement width is 9m, which is consistent with an Urban Collector standard. Section of road has two pinch points at existing culverts, where two-way traffic is restricted. Council staff has considered that the culverts shall be widened to cater for the collector standard, which includes for the provision footpaths both sides, recognising however, that this development shall require the construction of the footpath on one side only.

Streetwise has assessed the development intersection with Batar Creek Road and determined this intersection should be upgraded to a roundabout, consistent with the previous DA on this site (DA 2006/57). Council staff agrees with this assessment.

Conditions have been applied to the DA reflecting the above.

Road Network

Many of the concerns associated with additional traffic using the public road network as a result of new developments can be divided into three domains: safety, where the risk of harm to persons or property is increased or a new hazard is created; efficiency, where parts of the road network approach capacity resulting in unacceptable delays as determined using traffic engineering practice; and maintenance, where the additional traffic wear on the road results in more frequent and/or higher cost maintenance by Council (and thus the community).

The primary route between the development site and the Pacific Highway, which provides access to other settlements, employment areas and services, is via the Kendall and Kew town centres. Constraints in relation to that road network are analysed in this section.

There are other road routes out of Kendall, including southwards along Batar Creek Road through State Forest and Middle Brother National Park to the Pacific Highway, but due to travel time these will attract a negligible share of daily trip generation as a result of the proposed development.

The figure below shows in red various traffic count data, which approximately represent the average daily trips at each location, obtained by Council between 2014 and 2016 in the vicinity of the local road network affected by the development. The applicant’s derived 520 trips per day at the proposed roundabout intersection of Batar Creek Road and Benaroon Drive is also shown.

DEVELOPMENT SITE

(A)

For the purpose of the road safety and capacity analysis in this report, the route has been broken into segments as illustrated (A) to (D) shown above. Road standards for a given classification such as number of traffic trips and widths are set out in Council’s AUSPEC D1 (Geometric Design) Table D1.5. Where Equivalent Tenements are calculated they are intended as a guide only, and represent the equivalent number of residential dwellings it would take to generate a similar amount of traffic on average, using a rate of 9 trips per dwelling derived from the RMS Guide to Traffic Generating Developments 2002.

(A) Batar Creek Road – Benaroon Drive to Laurel Street
Batar Creek Road in the vicinity of the site is characteristic of a rural road, with bitumen seal, gravel shoulders and a grassed swale draining each side of the road formation. It is a public road owned and maintained by Council. The adjoining land is zoned R1 General Residential (the site to the east) and R5 Large Lot Residential (Benaroon Drive to the west). As the road heads north past the showground the adjoining lot frontages become narrow, in character with a residential area. The road widens out with room for on-street parking in vicinity of the showground, and concrete kerb and gutter for much (but not all) of the road. The section of road around the Laurel Street intersection narrows considerably and lacks kerb and gutter. This section is a sag point with significant flooding risk and is detailed in the Kendall Stormwater Management Plan (Storm Consulting, 2013).
	Existing	Post-development
Traffic trips per day	520 to 900	2410
Residential Equivalent Tenements (ETs)	58 to 100	268 to 310
Min. AUSPEC Standard	Urban Local	Urban Collector
Sealed Width	6m (south of showground) 5.5 to 11m (south of Laurel St)	9 sealed
On completion, this section of road will be frequented by trucks associated with the existing rural and forestry land to the south, a large increase in service trucks (garbage collection) proportional to the population increase, and a likely proportional increase in school buses, public buses and MHE bus trips. In terms of safety, given this and the large (greater than double) increase in general traffic volume, the width of the existing road along section (A) is a serious concern. Under Council’s AUSPEC standard, the traffic volumes meet the lower range of both the recommended daily trips and Equivalent Tenement (ET) thresholds for a Collector Road, which sets a width of 9m. Where no provision is made for off-road cyclists along a road, at least 1.5m of pavement width in each direction should be available as on-road lanes or sealed shoulders. For section (A) conditions of consent have therefore been recommended to require widening of the road to a minimum sealed width of 9m, being two 3.5m wide lanes plus two 1.0m sealed shoulders. In addition, a shared footpath shall be provided from the development to the showground, min 2.5m wide.

As can be seen in the above road network diagram, there is a drop in the traffic count along Albert Street which indicates that there is an alternative traffic desire line along Laurel Street attracting a significant proportion of traffic. The magnitude of this traffic split has been estimated as follows:

I. From review of aerial photography there appear to be approximately 110 dwellings along Batar Creek Road from Kendall to the State Forest to the south. For 890 trips per day this equates to 8 trips per dwelling (similar to the RMS Guide).

II. Albert Street had approximately 65 completed dwellings in mid-2016 (the year both traffic counts were obtained). Assuming a rate of 8 trips per dwelling, this would equate to roughly 520 trips per day.

III. The number of trips counted on Albert Street (800 per day) minus the number of trips that would only use Albert Street at (II) above (i.e. excluding Batar Creek Road traffic) gives 280 trips per day using Batar Creek Road via Albert Street.

IV. The number of trips using Batar Creek Road via Laurel Street is likely to be 890 minus the trips going via Albert Street (280) which yields 610 trips per day, based on the available data. This is an approximately 70% to 30% split Laurel St vs Albert St.

Batar Creek

Albert

Albert

Laurel

280

890

800

610

520

(B) Laurel and Orara Streets – Batar Creek Road to Graham Street
Laurel and Orara Streets It is assumed that without reconfiguring existing intersections, the split between Laurel and Albert Streets would remain in the same proportion (70% and 30% respectively) with new traffic on completion of the development. 70% of the 2780 (210x9+890) total trips equates to 1946 trips per day.
	Existing	Post-development
Traffic trips per day	610 (estimated) + local residences	~1946
Residential Equivalent Tenements (ETs)	68	~278
Min. AUSPEC Standard	Local Street	Local/Collector Street
Sealed Width	9m	9m
Numerous public submissions have raised concern with the proposed increase of traffic on Laurel Street for the loss of residential amenity and tension between on-street parking and through traffic. Another significant concern in regard to safety is the presence of a blind crest vertical curve midway along Laurel Street. While these are existing concerns, the proposed intensification will not affect the classification of the existing road. No upgrade of the road classification appears required for this segment, as the resulting trips post-development are still within the AUSPEC defined range for a Local Street/Collector Street with width of 7m.

(C) Albert and Comboyne Streets – Batar Creek Road to Graham Street
Allocating the remaining (30%) portion of trips from Batar Creek Road, on completion of the development an additional 834 trips are expected along this segment.
	Existing	Post-development
Traffic trips per day	800 to 1500	~1724-2334
Residential Equivalent Tenements (ETs)	89 to 167	299 to 377
Min. AUSPEC Standard	Local Street	Local Street/Collector
Sealed Width	6m	6m-9m
No upgrade of the road classification appears required for this segment, as the resulting trips post-development are still within the AUSPEC defined range for a Local Street/Collector Street with width of 7m.

(D) Kew Road - Graham Street to Nancy Bird Walton Dr

Impacts on these roads is not considered significant. Examining the existing vehicle movements and the proposed increase from the development, the impact is considered insignificant.

Roads and Maritime Services (RMS)

Consistent with RMS requirements, the proposal was referred to the RMS on 19 December 2017. RMS’ review of the proposal determined:

Roads and Maritime has reviewed the referred information and provides the following comments to assist the consent authority in making a determination:

1. The Consent Authority should be satisfied that the impacts of through and turning traffic has been adequately addressed for the impacts on the regional and local road network.

Council has considered the details of the traffic study in relation to the vehicle movement per day and the impact of the additional traffic on local road networks. The applicant has used 4v/d to calculate the future traffic associated with the development. This rate is making an assumption that the development has been restricted to an aged demographic. This figure is not considered appropriate for the reasons detailed earlier.

The additional traffic impact from the development has changed the classification of Batar Creek Road. Council has applied DA conditions to deal with the upgrade required with the development.

2. The proposed roundabout should be designed and constructed in accordance with Austroads Guide to Road Design Part 4B. The design should accommodate the turning paths of the relevant design vehicles requiring access to the site. Suitable street lighting should be identified and installed to relevant specifications.

This development has proposed a roundabout on Batar Creek Road (at Benaroon Drive). Given the traffic counts as detailed in the traffic study, this approach would be supported by Council. Full design details will be required to comply with Austroads and Aus-Spec and shall be provided as part of the Roads Act Approval.

3. Any proposed change in speed zoning should be referred to Roads and Maritime for consideration prior to the issue of any Roads Act approval for the roundabout.

Council has applied DA conditions to address any speed changes as a result of the development.

4. Consideration should be given to external connectivity for public transport facilities and active transport modes such as walking and cycling.

In line with the upgrade of Batar Creek Road, Council has conditioned a shareway/cycleway for connectivity of new residents with the village. These upgrade works extend into the village in order to provide bike/walking paths for future residents.

5. Regulatory signs and devices will require the endorsement of the Local Traffic Committee prior to Council’s approval.

Endorsement of the Local Traffic Committee shall be required prior to Council approval of the future roundabout on Batar Creek Road. DA conditions have been applied to the DA to address this concern raised by RMS.

Pedestrians

This development is proposing effectively 208 new residential sites for development. A pedestrian path has been proposed to connect to Batar Creek Road on the North Western corner of the site.

This proposed location is approx. 375m south of the showground entry. At this location Batar Creek Road is 6m wide with an uneven reserve and tree lined. There is no existing footpath network in this area.

The proposed development is approx. 1km from Albert Street (intersection at Benaroon Drive) or 750m from the north western corner of the side. The development is considered to be within a reasonable distance from the town to require connectivity; by way of footpaths and cycleways. DA conditions have been applied to the consent to require footpath and cycleway connectivity to Albert Street.

The section of Batar Creek Road, south of the showground entry has been conditioned to provide a cycleway at 2.5m wide, which is to provide connectivity to the manufactured home estate and the torrens title lots.

The section of Batar Creek north of the show ground has been conditioned to have a 1.5m footpath on one side of the road only, noting that the pavement along this section of road is approx. 9m wide, which can accommodate cyclists. This footpath shall continue to Albert Street and shall include the inclusion of widening the culvert crossings to accommodate footpath both sides of the road, although only one side has been conditioned to be constructed at this stage.

Design Plans shall be required as part of the Road Act Approval, and details relating to slope and gradients shall be assessed in relation to Aus-Spec and disability access.

Parking and Manoeuvring

A total of 70 parking spaces (including 4 disabled spaces) have been provided on-site. Parking and driveway widths on site can comply with relevant Australian Standards (AS 2890), Local Government Regulations 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 and conditions have been imposed to reflect these requirements.

Water Supply Connection

Council records indicate that the development site is not currently connected to water.

Council’s existing water supply system shall be extended to service the development site at no cost to Council. Water main extensions to the site include a 200mm diameter main from Albert Street across the Poets Ridge development (through the existing water supply easement), along the west side of Batar Creek Road to Benaroon Drive area then crossing Batar Creek Road into the development site. Connection to the 100mm Benaroon Drive water main will be required.

Each dwelling shall be individually metered for water supply with a master meter at the road frontage. 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.

Sewer Connection

Council records indicate that the development site is not currently connected to sewer.

The Council sewerage system adjacent to the proposed development does not have sufficient sewerage capacity to cater for this development. A Sewerage Reticulation Strategy shall be submitted to the Water and Sewer Section for approval prior to release of the Construction Certificate. The internal village sewerage lines are to be private owned and maintained.

Several concept schemes were submitted during the assessment of the DA to address sewerage disposal from the development. The latest conceptual option is shown below:

A sewerage pumping station shall be constructed to Council’s requirements and discharge into manhole KK04P008MH with an odour control device installed at no cost to Council. If flushing of the proposed sewer pump station is required to facilitate a sufficiently sized turnover of sewage then this is to also occur at no cost to Council.

The proposed sewer infrastructure for this development shall be extended at no cost to Council to provide Lot 2 DP1048212 with a gravity sewer connection.

The extension of Council’s sewerage system to serve the development by the Applicant involves under boring of the North Coast Railway and will require Council to enter into a licence with the Australian Rail Track Corporation (ARTC). In this regard, it would be a requirement that prior to the issue of the Construction Certificate, the Applicant is required to submit sewerage plans that satisfy both Council’s and the ARTC’s requirements. During construction the Applicant must adhere to the requirements of Council for the construction of sewer and the ARTC with regard to the licence for the construction of infrastructure within the railway corridor.

Stormwater

The development site forms part of the Camden Haven River Catchment. It generally drains to the east and south towards natural gullies downstream of the site.

The development site is also traversed by a number of natural overland flowpaths, one originating from the land to the north and northwest, with the flowpath entering the site from the adjoining showground. A second flowpath adjoins the site frontage to Batar Creek Road, originating from developed land to the west. It is likely that flows from within this second flowpath do not enter the subject development site, however analysis of the capacity of the existing street drainage system, catchment and overland flowpath is required to be submitted at CC stage to confirm. This has been addressed by way of conditions of consent.

The Development Application is accompanied by a stormwater management plan which includes the provision of both on-site stormwater detention facilities and water quality control facilities designed to meet the requirements and targets of AUS-SPEC D5 and D7 in relation to stormwater discharge rates and quality.

Conceptually, the proposal achieves compliance with the above standards, however detailed modelling and assessment will be required to be submitted in support of a future Construction Certificate/S68 application.

As outlined in the Road Network section above, the development proposal results in a need/requirement to upgrade a number of existing roadways/intersections as a result of the increase traffic generation resulting from the development. Any road /intersection upgrade, must be accompanied by a stormwater management plan to demonstrate that the upgraded road pavement meets the stormwater drainage requirements of AUS-SPEC D5 and D7. This will necessitate the construction, upgrade and amplification of existing stormwater infrastructure within and adjoining those sections of Batar Creek Road being upgraded as a result of the proposed development.

Other Utilities

Telecommunication and electricity services are available to the site.

Evidence of satisfactory arrangements with the relevant utility authorities for provision to each proposed lot and the MHE will be required prior to Subdivision Certificate approval and final Section 68 permit to operate the MHE being issued.

Heritage

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

Other land resources

The site is within 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 bulk earthworks including site levelling, vegetation removal and dam filling have previously been approved for the site, thus they will provide a suitable platform for the development.

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

Air and microclimate

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

Flora and fauna

Construction of the proposed development will require removal/clearing of vegetation. The Applicant has submitted an ecological impact assessment prepared by Naturecall Environmental. In summary the following has be identified from the ecological assessment:

· No threaten flora species have been identified.

· The development will see the removal of 1500m2 of modified swamp forest vegetation.

· The study site does not contain any core koala habitat under SEPP 44.

· No threatened fauna species were recorded on the site.

· Removal of 13 koala food trees is proposed and offset planting is required and proposed – refer to landscaping plan.

· An assessment under the seven part test (as in force at the time of lodgement of the DA) determined the impact, whilst being a generic negative effect in terms of incremental loss of habitat, is unlikely to be of sufficient order of magnitude to have a significant impact.

The extent of the previous approved subdivision works is also noted.

The ecological assessment is acceptable and demonstrates that the proposal will be unlikely to have any significant adverse impacts on biodiversity or threatened species of flora and fauna. Section 5A of the Act (as in force at the time of lodgement) is satisfied.

Waste

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

Energy

The proposal includes measures to address energy efficiency in the design of the on-site communal facilities 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

The operation of the dwellings and community facilities are proposed by the Applicant to not be restricted by hours of operation, but rather by standard noise criteria under the Protection of the Environment Operations Act 1997.

A 20m wide landscaped strip (as amended) to the showground to the north with a 1.8m high wire security fence to the boundary and timber fencing to the dwelling sites. This should assist with providing some mitigation of potential impacts with showground operations and activities.

No other adverse impacts are anticipated.

A standard 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 (2 lot subdivision included in proposal) and a MHE that could lawfully be used for residential purposes.

The Applicant has submitted a bushfire report prepared by a Consultant. The report assumes that proposed subdivision will occur and has carried out an assessment under Section 100B requirements.

The Commissioner has assessed the development and has issued a Bushfire Safety Authority subject to conditions. A copy of the Authority is attached to this report.

Safety, security and crime prevention

The increase in housing density will improve natural surveillance within the locality.

Social impacts in the locality

A Social Impact Assessment prepared by All About Planning has been submitted with the DA as required by Council’s Development Control Plan 2013 and Social Impact Assessment Policy.

The below is a list of the key recommendations from the Social Impact Assessment, which the Applicant has justified that have been incorporated into the site plan or are addressed in the accompanying expert reports:

Retain an on-site resident manager.

1. The landscaping must also reduce visual impacts from both the showground and MHE site by introducing a substantial landscaped setback along the full northern boundary of the MHE.

2. A Traffic Engineering Assessment is to be provided with the Development Application.

3. Consideration of pedestrian refuge/crossing point near Benaroon Drive on Batar Creek Road, a footpath to link proposed Road No.1 to the start of the pedestrian and cycle path in the north-west corner of the site, street lighting and upgrade of nearby roads.

4. Address showground security concerns by incorporating a high security fence along the full northern boundary of the MHE site.

5. The front gate to the site is to be left open during the day, to facilitate site access by visitors, tradespersons and the like and to ensure a friendly and welcoming entrance to the site is maintained. The open gate policy is to be reflected in the MHE’s adopted Operational Plan.

6. A Community Bus is to be provided to assist with the transport needs of MHE residents. A Community Bus Time Table is to be developed and distributed to residents.

7. The pedestrian and cycle link required under the DA 2006/57 for residential subdivision on the site is to be constructed as part of the initial site works, together with the other community facilities, boundary fencing and landscaping.

8. The roundabout required under the DA 2006/57 for residential subdivision on the site is to be constructed as part of the initial site works, together with the other community facilities, boundary fencing and landscaping.

9. Preparation of a MHE Showground Community Engagement Plan to minimise risk of complaints from MHE residents about ongoing showground events and activities.

10. Enquiries are to be made with Council to confirm if current Section 94 and 64 contributions are targeted for expenditure within Kendall. Further, whether Council will permit a Kendall specific material public benefit or Voluntary Planning Agreement in lieu of these standard contributions.

11. Ongoing Kendall community consultation is to be undertaken.

12. During Council’s public exhibition of the proposed development details, one hard copy of the proposed development should be provided by the proponent for Council to arrange for display at the Kendall Community Centre.

13. A suitably fitted out space is to be created within the community clubhouse for booking and use by a consulting medical professional or other relevant resident service providers.

14. An offer is to be extended by the MHE site management and owners for occasional use of the MHE’s on-site synthetic grass tennis court for local based tennis competitions on request by the Kendall Tennis Club.

15. The MHE operator is to adopt an Internal Neighbour Disputes Policy and this policy is to be referenced in all site lease agreements.

16. The MHE developer is to adopt a Local Workers Employment Priority Policy for suitable qualified and available trades for all construction and ongoing operational stages.

17. The stormwater detention basins proposed on site should be required by condition of consent to be constructed in the early stages of the development as appropriate for the size of the proposed staged construction.

Subject to the above being complied with, the proposal has been assessed as being unlikely to result in adverse social impacts which would warrant refusing the DA.

A key requirement of the Social Impact Assessment is to recommend provision of a private Community Bus to assist with the transport needs of MHE residents particularly noting that the proposal may provide for housing of seniors. A booking room is also to be available for local medical practitioners and other resident providers.Residents of the MHE will have access to Laurieton based medical facilities via the private bus transport.

Issues relating to impact on character have been addressed above earlier in this report. It is also noted that the gate at the entrance to the MHE has been removed.

Appropriate conditions have been recommended to address the requirements of the above.

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 adequately fit into the locality and the site attributes are conducive to the proposed development to not warrant recommending refusing consent to the application.

Site constraints of bushfire risk, stormwater and flooding have been adequately addressed and appropriate conditions of consent recommended.

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

134 written submissions and a signed petition have been received following public exhibition of the application on two (2) occasions due to amendments being made to the proposal.

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

Submission Issue/Summary	Planning Comment/Response
General infrastructure
Township of Kendall does not have the infrastructure and amenities to support this size development.	Subject to compliance with all recommended conditions for upgrades to infrastructure and services the proposal is suitable for the site. The proposal provides for private bus transport for which future residents of the MHE who are not able to drive by car will be able to travel to other destinations other than Kendall if required. The zoning of the site permits the proposal.
Adverse impacts on local residential home values.	Any potential impacts on land and property values are unable to be considered as part of the planning assessment of the DA.
No provision made by the developers or the Council to contribute to the improvement of roads, storm water or waste services.	Subject to compliance with all recommended conditions for upgrades to infrastructure and services the proposal is suitable for the site. The Applicant has also requested that with regard to any works that involve a material public benefit shall be given due consideration to be offset against development contributions in a works in kind / offset arrangement against Section 94 contributions.
If the proposal is to be approved, an enormous investment in infrastructure is required before the project starts.	Subject to compliance with all recommended conditions for upgrades to infrastructure and services the proposal is suitable for the site. Major upgrades to sewer main and road infrastructure as part of Batar Creek Road form part of these requirements.
No firefighting plans or equipment have been indicated.	This will be subject to details assessment as part of the assessment under a Section 68 permit application to comply with the Local Government Regulations for Manufactured Home Estates.
Roads and traffic
Batar Creek Road is too narrow.	Batar Creek Road as a rural collector road is recommended to be conditions to be upgraded from the development up to the entry of the showground to a 7m wide carriageway with 1m sealed shoulders both sides of the road. North of the showground, the rural collector standard shall be required in terms of pavement depth with kerb and gutter both side of the pavement, in keeping with current development along this section. A shareway/footpath is also required along Batar Creek Road.
Batar Creek Road has no lines, no street lights, and no gutters, nowhere safe for people / children to walk down the road.
Where the proposed roundabout at the end of Benaroon Drive at the moment this intersection is used as a school bus pick up and drop off zone.	A condition is recommended to require provision of a bus bay in accordance with Council’s adopted AUSPEC Design and Construction Guidelines and shelter in accordance with Council standard drawings.
Batar Creek Road would not cope with the increased traffic either in the construction phase or with the residents upon completion.	Subject to compliance with all recommended conditions for upgrades to infrastructure and services the proposal is suitable for the site.
The streets of Kendall are in very poor condition.
Council needs to do major road upgrades within Kendall and between Kew and Kendall.
Neither Council nor the developer intend any road upgrades to Batar Creek Road or the road intersections leading from Batar Creek Road.
Major concern with intersections of Albert Street and Comboyne, (near School of Arts village hall), and the major intersection at Comboyne and Graham Street, (near Citizens and Services Club). These intersections are often confusing and awkward even when traffic is light. The increased volume of traffic will increase the potential for accidents, and will probably make these intersections highly congested and dangerous.	The subject roads have been assessed earlier in this report as having capacity to handle the additional traffic and it is considered that there is not enough nexus between the proposed development and these other sections of road to be required to have upgrades as conditions of consent.
At times cars are parked on either side of the top section of Comboyne St, between the Liquor Shop and the hall, reducing the road to an awkward single lane. The projected increase in traffic will worsen this situation.
The proposal should be referred to the NSW Roads and Maritime Services (RMS) in accordance with the Infrastructure SEPP.	Referral to the RMS has occurred and advice received has been considered in this assessment as detailed earlier in this report.
There are 443 dwellings in Kendall. This development aims to add another 299 manufactured homes. There is no question the increase in traffic resulting from this development, on roads that already require improvement, will have an impact on safety.	The proposal has been amended to reduce the number of manufactured home sites from 280 to 198 sites. The subject roads have been assessed earlier in this report as having capacity to handle the additional traffic.
The right hand turn out of Batar Creek Road onto Albert Street is quite dangerous as there is limited view of oncoming traffic.	The subject roads have been assessed earlier in this report as having capacity to handle the additional traffic and is there is not enough nexus between the proposed development and these sections of road to be required to have upgrades as conditions of consent. Subject to compliance with all recommended conditions for upgrades to infrastructure and services the proposal is suitable for the site.
The developer’s own Traffic Assessment calculates an increase of around 300 cars per day, resulting in a dramatic increase of over 1000 vehicle trips per day. The fact that there are no plans to upgrade the roads is highly concerning.
Has the state of the bridge been assessed to cope with an influx of traffic.
Laurel St is narrow and has a dangerous crest, (cars often are head on at the crest as they go around parked cars on the narrow road).
Poor visibility turning right on to Comboyne St exiting Kendall.
The Intersection of Graham Street and Comboyne Street is poor.
With the railway running through Kendall and halting traffic on every occasion freight or passenger trains pass through (for up to five minutes with some longer freight trains). What measures will be put in place to hold and disperse this traffic build-up so that it does not cause continual disruption to businesses and the town centre with the increase in traffic proposed.
The developer has not resolved or addressed any of the traffic concerns raised by the community and Council within their amended submission.
How much of the Section 94 contributions will be spent in Kendall.	Specifics of where the section 94 contributions would be spent if the development goes ahead (and noted to be in stages) would need to be considered at that time by Council. The Applicant has stated that the developer is open to a works in kind arrangement whereby some of proposed works off-site could be provided at the time of the development in lieu of payment of development contributions.
No mention has been made in the traffic report of the logging trucks travelling along Batar Creek Road during logging season and the size of the proposed roundabout would be difficult for a fully laden logging truck to negotiate.	Batar Creek Road as a rural collector road is recommended to be upgraded via a consent condition to require upgrading from the development up to the entry of the showground, i.e. 7m wide carriageway with 1m sealed shoulders both sides of the road. North of the showground, the rural collector standard shall be required in terms of pavement depth with kerb and gutter both side of the pavement, in keeping with current development along this section.
Pedestrians and cyclists
Footpaths will be needed to be addressed.	Conditions are recommended to require construction of a minimum 2.5m wide pedestrian shareway along Batar Creek Road to the entrance to the Showground and a 1.5m footpath from the Showground to Albert Street. A 1.5m wide footpath is also required along the entry road within the development.
Increased traffic will increase the danger to children both cycling and walking to the pool and tennis courts.
The lack of footpaths within the Kendall area does not cope with Kendall’s population now. Increasing the population will not help.
Public transport
Public transport is minimal there is no Public Bus service to where the proposed estate will be.	A private bus service is proposed for those future residents of the MHE that are unable to drive by car to other destinations.
Water supply
The proposal will put more strain on Water Supply. Residents in Benaroon Drive have water pressure problems which will be made worse.	Council’s existing water supply system shall be extended to service the development site at no cost to Council. Water main extensions to the site include a 200mm diameter main from Albert Street across the Poets Ridge development (through the existing water supply easement), along the west side of Batar Creek Road to Benaroon Drive area then crossing Batar Creek Road into the development site. Connection to the 100mm Benaroon Drive water main will be required.
Since the poets ridge estate has gone ahead there has been a drop in our water pressure.
Sewerage capacity
Can the present sewerage treatment plant cope with the increase.	The Council sewerage system adjacent to the proposed development does not have sufficient sewerage capacity to cater for this development. A Sewerage Reticulation Strategy shall be submitted to the Water and Sewer Section for approval prior to release of the Construction Certificate. Refer to comments provided earlier in this report including a proposed new sewer line.
The increased loading (181,000 to 249,000 litres/day) on the sewerage system during peak periods would necessitate significant upgrades to existing infrastructure.
No sewer plan is shown.
Social impacts
The proposal will be a gated community become a separate community from Kendall.	The original gates at the entrance proposed have been removed as part of the amended proposal.
The other residents of Kendall will not be allowed to use their pool, tennis court or bowling green.	The Applicant has advised that an offer is to be extended by the MHE site management and owners for occasional use of the MHE’s on-site synthetic grass tennis court for local based tennis competitions on request by the Kendall Tennis Club. Other amenities are a requirement of the State Government’s SEPP 36 to provide on-site.
People will need to commute to work, shops, school, health services and other government services in either Port Macquarie or Taree.	A private bus service is proposed for those future residents of the MHE that are unable to drive by car to other destinations including medical facilities within Laurieton. The Applicant is also required to provide a suitably fitted out space is to be created within the community clubhouse for booking and use by a consulting medical professional or other relevant resident service providers.
There is also no amenities such as supermarkets, chemists, doctors etc within Kendall itself and transport by bus is almost non-existent in the afternoon so any non-drivers would be isolated.
There is a lack of medical and pharmaceutical services in Kendall. The proposal is for an over 55s development. These should be located, sensibly, near appropriate medical, pharmaceutical and hospital services. There is little prospect of attracting medical services to Kendall given the overall difficulty of attracting doctors to live and work in regional areas.
A better location for this many households would surely be in Port Macquarie or Taree close to services.	This is difficult to assess and this assessment relates to the subject proposal only. The site is zoned to permit the MHE proposal.
Small cheap homes is a recipe for social problems and at the very least a less than optimal plan for housing.	The site is zoned to permit the MHE proposal.
With so many small houses so close together there will be increased neighbourhood disagreements over noise and other issues of close proximity.	The amended proposal includes proposed sites ranging in area from 249m2 to 561m2 which is much greater than the minimum 130m2 site area permitted under SEPP36. There is also relatively large areas of open space provided along the roads and between the groups of sites.
A huge influx to Kendall’s population will have a detrimental impact on the social cohesion.	The proposal is noted to be a significant increase in population and housing numbers to Kendall however that is assuming all stages of the development proceed in the short to medium term. The proposal’s suitability for the site has been assessed in its entirety as being acceptable and does not warrant recommending refusal on the grounds of an increase in population or number of dwellings for the reasons stated through this report.
The Social Impact Assessment should cover core issues around access to services and amenities but also more broader context, setting and the unique character of Kendall.
Minimum financial or social gain to Kendall will result due to there being no need to integrate the Estate with the Kendall community.	The proposal is permissible in the R1 zone applying to the site under State Government SEPP 36 legislation.
There is distinct scope for a ‘ghetto’ to be created.	There is no evidence that this will occur and the proposal is not intending to create a ghetto.
Unable to establish from the documentation that this is a development where the residents are to be over 55.	There is no restriction proposed formally within the proposal to be a Seniors Housing development however it is noted that the proposal is targeting this age group.
The development provision includes that a variety of dwelling types including studio, 1, 2, and 3+ bedrooms. This MHE proposal appears only to provide 2 bedroom dwellings. This is not achieving the diversity anticipated by this policy.	The Applicant has chosen to propose an alternate form of residential housing permitted under State Government legislation and the front western section of the site will mostly be retained for standard residential housing with relatively large residential lots.
The proposal removes the opportunity for most younger people to be able to purchase a property because it appears that mortgages and financing is not possible.
No police presence in Kendall to cope with any additional adverse activities.	An on-site manager is proposed to manage any potential issues other than what needs to be policed if so required.
Population growth does not naturally lead to a better economic outcome for local businesses. The proposal will not benefit local businesses.	The proposal is assumed to have potential to benefit growth of local businesses with additional residents.
Emergency services
There will be more strain on the local Emergency Services for example when there is flooding the township.	Noted. The site is zoned for the subject proposal and will be flood free on its own at completion of the works.
What measures are in place for safety of residents should there be a bushfire or natural disaster.	A specialist Bushfire Risk Assessment (as amended) has been submitted and Bushfire Safety Authority has been granted by the NSW Rural Fire Service to the proposal subject to conditions.
Has a Bushfire Risk Assessment been performed for the new development, both in its own right and for potential impact on the Showgrounds as a refuge.
Impacts on adjoining showground
Noise restrictions will be placed on the Camden Haven Showground and Society.	A 20m wide landscaped strip (as amended) to the showground to the north with a 1.8m high wire security fence to the boundary and timber fencing to the dwelling sites. This should assist with providing some mitigation of potential impacts with showground operations and activities.
A buffer of medium height Lilly Pillys will do nothing to reduce noise.
Security to the showground needs to be addressed as this would be a shortcut to most of Kendall’s existing facilities.	A dividing fence will be required on the northern boundary of the site.
The maintenance of the landscaped buffer area located at the rear of multiple small dwellings appears not to have been considered.	Maintenance of the buffer area will be the ongoing responsibility of the estate operators for the residents.
Question whether 20m buffer and engagement plan will mitigate any issues with showground.	This engagement process will assist with setting expectations for future residents and resolving any issues.
Crime risk
Possibility of criminal activities increasing in the area.	A specific Crime Prevention Through Environmental Design (CPTED) report has not been submitted however together with the justification details and based upon a Council assessment of the design layout and building designs no adverse crime risk potential can be identified. Adequate casual surveillance will be available for all community amenities within the development. The Applicant has also stated that appropriate external lighting, signage and fencing will be proposed together with on-site management which will reduce the potential for crime risk behaviour.
No Crime Prevention Through Environmental Design report has been submitted.
Impact on character of Kendall
Object to 283 manufactured homes on one site is not in keeping with the living style in a small and quiet country village of Kendall.	The number of MHE sites has been reduced to 198 during the assessment of the application Based upon the current amended proposal inclusive of character analysis and design restrictions proposed, landscaping and retaining part of the previous approved subdivision at the front western section of the site, the proposal is acceptable.
The size and scale of this development would be to the detriment of the village of Kendall and its' residents.
Cheap mass produced cabins in rows will be installed like Lake Cathie Ocean Club Resort with no trees.
The establishment of Manufactured Home Estate is an alternative form of medium density housing.	Noted.
The bulk and scale of the prefabricated housing is not in keeping with the rural village character of Kendall.	The Applicant has stated that there will a certain level of uniformity in terms of the range of materials and single storey nature of dwellings however there will be varying roof forms, materials, landscaping and fencing. The impact of the proposal on the existing character of Kendall has been assessed earlier in this report.
Council's Urban Growth Strategy [UGMS] states: “Kendall has some capacity for urban expansion within existing residential zoned land. It is important, however, that new developments respect the historic built form and natural landscape of the town and that a strong visual and physical separation is maintained from Kew.” (UGMS-1.1.2(c) Rural Residential-p55).	Noted. The impact of the proposal on the existing character of Kendall has been assessed earlier in this report. Based upon the current amended proposal inclusive of character analysis and design restrictions proposed, landscaping and retaining part of the previous approved subdivision at the front western section of the site, the proposal is considered acceptable.
It is a high-density prefabricated housing estate, which is highly incompatible with the rural aspect and historic built form and natural landscape of the town. A high-density development is completely out-of-place in a village of low to medium density housing.	Manufactured housing estates are considered not to be high density developments and the subject proposal is noted to be less dense than other MHEs within the local government area.
Kendall is an open neighbourhood rural streetscape of individualised rural housing, many of which have historic value. Some buildings have heritage listing. This development will introduce a self-contained housing estate.	The existing character of Kendall has been noted during the assessment of the application. The number of MHE sites has been reduced to 198 during the assessment of the application. Based upon the current amended proposal inclusive of character analysis and design restrictions proposed, landscaping and retaining part of the previous approved subdivision at the front western section of the site, the proposal is acceptable.
The proposal will result in an inferior aesthetic compatibility.
The clustered development is obviously not in harmony with the existing built form and natural landscape.
The Kendall Serviceman’s Club, Kendall Tennis Club, Kendall Pool and Kendall Men’s Shed all contribute to the character of Kendall Village and demonstrate a strong sense of community. These services in Kendall, along with the Show Grounds, community garden, Kendall Hall and The Meeting Place provide a sense of place for residents which the proposal does not respond to.	The existing community facilities within Kendall are noted.
The canopy trees which line Batar Creek Road define the rural character of Kendall, the developer intends to remove all vegetation on the site and replace with landscape plantings this is completely out of character for the area.	A select line of trees as shown on the plans along Batar Creek Road are not proposed to be removed unless infrastructure upgrades require such removal. The subject Lot 121 is noted to be subject to a subsequent future DA. No specifics are available as part of this DA. The replacement landscaping for the remainder of the site to be cleared is substantial including planting of trees which will grow into large canopy trees and considered acceptable.
The developers themselves seem somewhat uncertain and contradictory as to whether their planned estate is compatible with Kendall’s unique character. Perhaps they realise this high density, prefabricated housing estate is totally out of character with Kendall, and needs to be hidden from the public domain by Batar Creek Road buffers.	This concern raised following the original proposal being exhibited was noted. The Applicant was requested to address and subsequently have submitted an amended proposal with a significant reduction in MHE sites, increased landscaping and additional justification from a character perspective.
The amended DA is still not within character of the local area.	Based upon the current amended proposal inclusive of character analysis and design restrictions proposed, landscaping and retaining part of the previous approved subdivision at the front western section of the site, the proposal is acceptable
The screening and fencing is an admission on the developer’s part that the MHE is not in character with the local character. There is no other area in Kendall that needs to be screened off.
Density and site suitability
This type of housing is not appropriate in such a concentrated form and not a fix to housing affordability.	The MHE is permissible under State Government legislation being the SEPP 36.
This development will add 299 new dwellings into a village of around 450 dwellings.	The proposal has been amended during the assessment of the application to proposed 198 MHE sites.
There will be 63% increase in residences in Kendall made up almost entirely of small houses on small blocks located in a small relatively isolated area with poor traffic access.	The MHE is permissible under State Government legislation being the SEPP 36.
Support for the proposal which will provide good housing needed in the area and boost the local economy.	Noted support in 1 submission.
The amended proposal with a total of 210 new dwellings is not developing at a natural rate, for example over 30 years and is a sudden massive increase of population in Kendall.	The proposal is noted to be a significant increase in population and housing numbers to Kendall however that is assuming all stages of the development proceed in the short to medium term. The proposal’s suitability for the site has been assessed in its entirety as being acceptable and does not warrant recommending refusal on the grounds of an increase in population or number of dwellings for the reasons stated through this report.
Conventional subdivision blocks should be proposed and be consistent with the character or Kendall.	The Applicant has chosen to propose an alternate form of residential housing permitted under State Government legislation and the front western section of the site will mostly be retained for standard residential housing with relatively large residential lots.
We understand the proposed site for this development is zoned R2- General Residential. The proposed development requires R3 or R4 zoning, none of which exist in Kendall or surrounds.	The site is zoned R1 general residential. The proposal is permissible in the zone with consent.
Kendall is a rural residential area and the zoning doesn’t permit the proposal.	The R1 zoning of the site permits the proposal either as multi dwelling housing or a caravan park under the Port Macquarie-Hastings Local Environmental Plan 2011.
Eve to eve high density dwellings on 240m2 blocks is not in keeping with the Kendall community lifestyle.	The proposed sites range in area from 249m2 to 561m2 and there are relatively large areas of open space provided along the roads and between the groups of sites.
Is this the first stage of development and is more development proposed for Lot 121.	Further development of proposed Lot 121 at the front of the site could be any form of residential development subject to appropriate justification for site suitability.
The proposal does not align with Council’s rural residential strategy.	The site is not zoned for rural residential purposes such as a R5 large lot residential zone. The site is zoned a R1 general residential.
The economics of the project have not been well assessed nor the likely demand for such housing in the area, given the Links Estate development and expansions.	The Applicant has stated that the proposal will have a positive social impact providing additional housing options and a variety of dwelling designs and MHE site sizes. The part retention of the approved subdivision at the front western section of the site will permit other forms of conventional housing to also occur in part.
The lack of canopy trees will be a blight on the local environment.	The replacement landscaping for the remainder of the site to be cleared is substantial including planting of trees which will grow into large canopy trees and considered acceptable.
Noise generally will increase significantly with the higher population.	The site is zoned for residential purposes which foreshadows a planned change in character of usage and increased residential population for the site compared to its current use. The usage of community amenities will be restricted to not give rise to ‘offensive noise’ as defined under the Protection of Environment Operations Act 1997.
No provision for solar power to be used, no provision for water collection from the rooves, no recycling on site, no vegetable growing on site which contains good volcanic soil from the Comboyne Plateau.	The Applicant has advised that there is an intention to have such sustainable features incorporated into the proposal. It is noted that there are no specific legislative requirements to require rain water tanks or solar systems (solar hot water or PV) compared to conventional housing which requires a BASIX certificate in accordance with State Government requirements.
There are no passively solar elements or other elements that reduce electricity use.	There are no passive solar elements or other elements that reduce electricity use proposed.
Drains on the phone and internet connections is bound to occur with resulting weaker signals and poorer services.	There is no evidence identifiable to suggest that local phone and internet services will be adversely affected, The proponent will be required to obtain satisfactory arrangements certificate from the appropriate providers prior to construction commencing.
Rates attributable to each future housing unit will be considerably smaller than the existing average for a residential block. This means that there will significant subsidisation of future infrastructure costs by the wider community.	Council rates are a separate matter to the determination and assessment of this DA. Development contributions will still remain payable by the developer to address future augmentation of sewer and water services, roads, community facilities and open space.
The number of houses should be significantly reduced by possibly half.	The number of MHE sites has been reduced significantly from the original 280 manufactured housing sites to 198 sites with an amended proposal.
The proposed development is disproportionate to the size of the existing village.	The proposal is noted to be a significant increase in population and housing numbers to Kendall however that is assuming all stages of the development proceed in the short to medium term. The proposal’s suitability for the site has been assessed in its entirety as being acceptable and does not warrant recommending refusal on the grounds of an increase in population or number of dwellings for the reasons stated through this report.
A portion of the land in 2006 was not owned by the Applicant and owned by the Crown.	The previous assessment report under DA2006 – 57 stated: Batar Creek Road is a two lane bitumen sealed road with shoulders and table drains. The road is contained within a travelling stock route and Council has only control of 10m either side of the centre line. The remaining area within the travelling stock route is crown land controlled by the Department of Lands. The Owners have made an application to the Department of Lands to purchase this strip of land for management and access purposes. This Lot is now owned by the owners of the remainder of the property since 2009 and forms part of the proposed development.
Does the Applicant have an option on the purchase of the land.	The current owner is not the Applicant. It has been assumed there is an option to purchase the land.
It is institutionalised habitation unconnected to its location or to its’ social milieu.	The proposal is permissible on the R1 zoned site under State Government SEPP 36 legislation. The original proposed gates have been removed from the proposal
The concept and implementing of closed housing estates behind guarded gates and wire fences is more redolent of the U.S.A. and its peculiar social problems than it is of a free, liberal and safe Australia and smacks more of a 'get rich quick' scheme than a means of providing socially responsible housing.
The proposal is a caravan park and not a housing estate.	The application proposes a manufactured home estate. A caravan park typically includes caravans and moveable dwellings.
A men’s shed is proposed but no women’s shed.	Advice noted. It assumed that other activities can occur within other on-site community facilities for women.
Local biodiversity and connectivity will not be improved.	An ecological impact assessment prepared by a suitably qualified ecologist has been submitted. Substantial areas of landscaping are included in the amended proposal including proposed planting of trees which will grow into large canopy trees.
A mix of houses is not proposed.	The Applicant has chosen to propose an alternate form of residential housing permitted under State Government legislation and the front western section of the site will mostly be retained for standard residential housing with relatively large residential lots.
The proposal will result in land use conflict.	Based upon the buffers, residential zoning of the site and current approved residential subdivision on the site no adverse landuse conflicts can be identified.
The removal of trees from Crown Land to allow access to proposed development site opposes the Rural Lands Protection Act of 1989 the Native Vegetation Act of 2003 and Tree Preservation orders.	The subject land is assumed to refer to the Lot 1 DP 1142845 fronting Batar Creek Road and has an approval for road access under the previous approved subdivision DA2006 – 57. The DA has been amended to include the lot into the proposal.
The ratio of developed to open space is not in keeping with surrounding development density.	The proposal has been amended during the assessment of the DA to significantly reduce the density of the proposal with additional landscaped open space areas and significantly less MHE sites.
The giant transient trailer park for this quiet rural community should not be approved.	The proposal is not intended to be a ‘trailer park’ or caravan park.
The establishment and maintenance of the additional trees and landscaping should be proposed.	The replacement landscaping for the remainder of the site to be cleared is substantial including planting of trees which will grow into large canopy trees and considered acceptable.
The amended proposal with MHE sites reduced to 200 does not address the concerns originally raised.	The amended proposal sufficiently addresses the submission and assessment issues raised to not warrant recommending refusal to the application.
The concerns currently being expressed by the Kendall township in general, evidenced by the holding of a public meeting shows that the proposal is not justified.	The interest in the proposal from the Kendall community is noted and has been carefully considered in the assessment of the application. The number of submissions received is noted and has drawn more careful attention on to a substantial amount of site suitability issues.
There is no mention of on-site management to ensure the safety of residents and adherence to a set standard of living, such as exists within Ocean Club Resort in Lake Cathie, for example.	An on-site manager is proposed who will assist with crime prevention and ongoing operational concerns for residents within the MHE.
Question how zoning has changed to R1 then DAs plans for the previous approved subdivision then a total different design and concept submitted with the MHE.	The zoning is R1 general residential and the previous subdivision was approved by Council.
The subject proposal is not substantially the same as the original development as DA2006 – 57.	The proposal is for a new DA for the MHE and to modify the previous approved DA2006 – 57.
The proposal fails to meet the objectives of the R1 residential zoning. The current approved subdivision would better meet the objectives of the R1 zone.	The proposal sufficiently meets the objectives of the R1 zone particularly as the proposal provides for an alternative form of residential housing as permitted by SEPP36.
The proposal is not responsive to the demographics of the area.	The proposal provides for an alternative form of residential housing as permitted by SEPP36.
The recreational facilities are prohibited on the site in the R1 general residential zone.	The application is made under SEPP 36 and the associated regulations and all MHE developments must include community facilities.
The proposal should address the requirements of the Seniors Housing State Environmental Planning Policy.	The proposal is not proposed under the Seniors Housing SEPP and the Applicant has confirmed they are not seeking to propose to use the provisions of this SEPP.
On-site garbage storage is not indicated on the plans and question whether garbage bins will be left on the street for pickup.	Private garbage collection is proposed and a designated garbage storage area on-site is proposed.
Fencing
No mention of fencing details on eastern side of site.	The Applicant has stated that there is no fencing proposed on the eastern boundary at this stage and fencing is a matter under the Dividing Fences Act for both parties as neighbours. The Applicant has advised that they have commenced discussions with the adjoining showground owners in this regard.
Stormwater and flooding impacts
A great amount of extra stormwater and drainage is going to affect downstream properties, the showground and other residents upstream.	The issues surrounding flooding and stormwater have been the subject of detailed assessment of the DA. Refer to comments earlier in this report to address flooding and stormwater impacts. Appropriate conditions are also recommended to mitigate any potential impacts to appropriate Council standards.
There is a risk of flooding unless works are done by Council and the proponent.
The undersized stormwater pipe under the nearby railway line should be addressed.
The proposal includes an intention to fill in a gully that drains water from surrounding properties. It is a low lying wet area and this may cause flooding to the properties affected.
Council’s erosion and sediment controls are either ineffective or not enforced. How would this proposal be any different.
The very high percentage of impervious surfaces within the proposed development, will result in an enormous increase in stormwater runoff, with the associated increased impacts on downstream erosion and both upstream/downstream flooding.
No details of capacity of the stormwater detention have been provided and no hydrology report has been submitted to address how sitting water will affect the local water table and adjoining properties.
Will any adjoining properties be subject to providing easements to service the development.
Exhibition and knowledge of proposal
The developer only notified a total of only 22 Kendall residents.	Noted. The proposal has been neighbour notified to an extensive area of surrounding properties on two (2) occasions.
Fire risk to buildings
High fire risk with volatile external cladding.	The use of such building materials is separately regulated.
Loss of prime agricultural land
Destruction of prime agricultural land.	The site is zoned R1 general residential and not RU1 primary production. The potential for loss of agricultural farm land was considered in 2006 at the time of rezoning. A subsequent subdivision was approved in 2007 on the site.
The site has soil of such prime agricultural quality that it supplied Laurieton with vegetables in the 1950s.	The site is zoned R1 general residential and not RU1 primary production.
The Council should acquire the land for future food security.	Council is unable to acquire the privately owned land parcel for this purpose.
Physical commencement of 2006 subdivision consent
Despite no work having been commenced on the site, an extension to the application was granted by the council in December 2010, sighting that “substantial commencement had been carried out by the DA survey”. However, a parcel of Crown Land at the entrance to the site thwarts access, therefore, no development can be carried out until this parcel of land be re-zoned. No evidence of this re-zoning exists to date, therefore nobody can legally access the site to carry out any form of work.	On the 9 December 2010 Council confirmed that this DA2006/57 was physically commenced due to the setting out by survey upon the land of each of the component elements of the subdivision in accordance with the approved plans.

(e) The Public Interest:

The proposal will accommodate an acceptable standard of living for future residents and will be capable of providing opportunity for an alternate housing in the market.

The subdivision and development of the site will improve the supply of housing in the Port Macquarie region, in accordance with the adopted State and Regional strategies.

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

Ecologically Sustainable Development and Precautionary Principle

Ecologically sustainable development requires the effective integration of economic and environmental considerations in decision-making processes.

The four principles of ecologically sustainable development are:

· the precautionary principle,

· intergenerational equity,

· conservation of biological diversity and ecological integrity,

· improved valuation, pricing and incentive mechanisms.

The principles of ESD require that a balance needs to be struck between the man-made development and the need to retain the natural vegetation. Based on the assessment provided in the report and with recommended conditions of consent, it is considered an appropriate balance has been struck.

Climate change

Refer to comments provided earlier in this report under Port Macquarie-Hastings LEP addressing climate change.

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.

The Applicant has requested that with regard to any works that involve a material public benefit shall be given due consideration to be offset against development contributions in a works in kind / offset arrangement against Section 94 contributions. The Applicant further states that these works could at the time of the development provide a public benefit and can be considered by Council separately to the DA determination and any conditional requirements for upgrades to public infrastructure external to the site.

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

1 View. DA2017 - 736.1 Plans

2 View. DA2017 - 736.1 Recommended DA Conditions

3 View. DA2017 - 736.1 Modification of Consent

4 View. DA2017 - 736.1 Consent and Stamped Plans

5 View. DA2017 - 736.1 Character Statement

6 View. DA2017 - 736.1 Dwelling Design Reference

7 View. DA2017 - 736.1 DNR Letter

8 View. DA2017 - 736.1 Streetwise Letter

9 View. DA2017 - 736.1 RFS Bushfire Safety Authority

10 View. DA2017 - 736.1 Social Impact Assessment

11 View. DA2017 - 736.1 Stormwater Management Plan

12 View. DA2017 - 736.1 Traffic Impact Assessment

AGENDA Development Assessment Panel 28/11/2018

Item: 06

Subject: DA2018 - 790.1 Additional Dwelling to Create Dual Occupancy and Strata Subdivision

Report Author: Steven Ford

Applicant: David Pensini Building Certification & Environmental Services

Owner: Wenkenwel Pty Ltd & D J & K R Pensini & Others

Estimated Cost: $250,000

Parcel no: 7920

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2018-790 for an Additional Dwelling to Create a Dual Occupancy and Strata Subdivision at Lot 130, DP 815514, No. 27 Grassmere Way, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for an additional dwelling to create a Dual Occupancy 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, two (2) submissions have been received.

1. BACKGROUND

Existing sites features and surrounding development

The site has an area of 796m2.

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 an additional dwelling to create a Dual Occupancy and Strata Subdivision

Refer to attachments at the end of this report.

Application Chronology

· 26 September 2018 – Application Lodged

· 5 October 2018 to 18 October 2018 – Neighbour notification

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

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

State Environmental Planning Policy No. 55 – Remediation of Land

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

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

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

State Environmental Planning Policy (Coastal Management) 2018 and Clause 5.5 of Port Macquarie-Hastings Local Environmental Plan 2011

The site is not located within a coastal use area / coastal environment area.

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

A BASIX certificate (number 958205S) 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. In accordance with clause 2.3(1) and the R1 zone landuse table, the proposed development for an additional dwelling to create Dual Occupancy and Strata Subdivision in accordance with the definitions) 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 having regard to the following:

o the proposal is a permissible landuse;

o provides a variety of housing types

· Clause 2.7, the demolition fits within the provisions of SEPP (Exempt and Complying) 2008.

· Clause 4.1(4A) , the minimum lot sizes do not apply to the proposal as it is characterised as attached dwelling / dual occupancy / semi-detached dwelling or multi dwelling housing development.

· Clause 4.3, the maximum overall height of the building above ground level (existing) is approximately 4.8m which complies with the standard height limit of 8.5 m applying to the site.

· Clause 4.4, the floor space ratio of the proposal is 0.4:1.0 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.

· Clause7.13, satisfactory arrangements are in place for provision of essential services including water supply, electricity supply, sewer infrastructure, stormwater drainage and suitable road access to service the development. Provision of electricity will be subject to obtaining satisfactory arrangements certification prior to the issue of a Subdivision Certificate as recommended by a condition of consent.

(a)(ii) Any proposed instrument that is or has been placed on exhibition

No draft instruments apply to the site.

(a)(iii) Any DCP in force

Port Macquarie-Hastings Development Control Plan 2013:

*DCP 2013: Dwellings, Dual occupancies, Dwelling houses, Multi dwelling houses & Ancillary development*
	Requirements	Proposed	Complies
3.2.2.1	Ancillary development: • 4.8m max. height • Single storey • 60m2 max. area • 100m2 for lots >900m2 • 24 degree max. roof pitch • Not located in front setback	Water tank is appropriately located	Yes
3.2.2.2	Articulation zone: • Min. 3m front setback • An entry feature or portico • A balcony, deck, patio, pergola, terrace or verandah • A window box treatment • A bay window or similar feature • An awning or other feature over a window • A sun shading feature	The development contains a fenced courtyard within the articulation zone. The courtyard is not enclosed by an awning and is consistent with a front fence	Acceptable
3.2.2.2	Front setback (Residential not R5 zone): • Min. 6.0m classified road • Min. 4.5m local road or within 20% of adjoining dwelling if on corner lot • Min. 3.0m secondary road • Min. 2.0m Laneway	Front building line setback requirements are complied with and remains consistent with the existing.	Yes
3.2.2.3	Garage 5.5m min. and 1m behind front façade. Garage door recessed behind building line or eaves/overhangs provided	Garage door setback requirements are complied with. The front building line is well articulated and setback the same distance as the existing building line, with a brick dividing wall extending 1.8m separating the two single garages and providing articulation.	Yes
	6m max. width of garage door/s and 50% max. width of building	Width of garage door requirements are complied with.	Yes
	Driveway crossover 1/3 max. of site frontage and max. 5.0m width	Driveway crossing width requirements are complied with.	Yes
3.2.2.4	4m min. rear setback. Variation subject to site analysis and provision of private open space	The minimum rear setback requirements are not complied with. The proposed rear setback for the additional dwelling is 2m - see below justification.	Acceptable
3.2.2.5	Side setbacks: • Ground floor = min. 0.9m • First floors & above = min. 3m setback or where it can be demonstrated that overshadowing not adverse = 0.9m min. • Building wall set in and out every 12m by 0.5m	The minimum side setback requirements are complied with. The wall articulation is compliant and satisfies the objectives of the development provision.	Yes
3.2.2.6	35m2 min. private open space area including a useable 4x4m min. area which has 5% max. grade	Each occupancy contains 35m² open space in one area including a useable 4m x 4m area.	Yes
3.2.2.7	Front fences: • If solid 1.2m max height and front setback 1.0m with landscaping • 3x3m min. splay for corner sites • Fences >1.2m to be 1.8m max. height for 50% or 6.0m max. length of street frontage with 25% openings • 0.9x0.9m splays adjoining driveway entrances	The proposed front fence design is considered to meet the fencing provisions and objectives of DCP 2013. No adverse impacts will occur.	Yes
3.2.2.8	Front fences and walls to have complimentary materials to context No chain wire, solid timber, masonry or solid steel front fences	Fencing design complies.	Yes
3.2.2.10	Privacy: • Direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings. ie. 1.8m fence or privacy screening which has 25% max. openings and is permanently fixed • Privacy screen required if floor level > 1m height, window side/rear setback (other than bedroom) is less than 3m and sill height less than 1.5m • Privacy screens provided to balconies/verandahs etc which have <3m side/rear setback and floor level height >1m	The development will not compromise privacy in the area due to a combination of lack of windows on side/rear boundaries, having high sill windows that face side/rear boundaries, limiting living areas that face adjoining living areas/open space, compliant separation and use of screening/fencing. No additional screening is required.	Yes

*DCP 2013: General Provisions*
	Requirements	Proposed	Complies
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline	No concealment or entrapment areas proposed. Adequate casual surveillance available.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	Cut and fill <1.0m change 1m outside the perimeter of the external building walls	Yes
2.3.3.2	1m max. height retaining walls along road frontage	None proposed	N/A
	Any retaining wall >1.0 in height to be certified by structure engineer	No retaining wall likely >1m	Yes
	Combination of retaining wall and front fence height max 1.8m, max length 6.0m or 30% of frontage, fence component 25% transparent, and splay at corners and adjacent to driveway	No retaining wall front fence combination proposed.	N/A
	Driveway crossing/s minimal in number and width including maximising street parking	Driveway crossing(s) is/are minimal in width including maximising street parking	Yes
2.5.3.3	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.	Proposal involves 2 x 3 bedroom units. Therefore, 2 spaces required. The development proposes 2 single garages.	Yes
2.5.3.11	Section 94 contributions	Contributions apply - refer to ET calc and NOP.	Yes
2.5.3.12 and 2.5.3.13	Landscaping of parking areas	Suitable landscaping proposed around driveway/parking locations.	Yes
2.5.3.14	Sealed driveway surfaces unless justified	Sealed driveway areas proposed.	Yes
2.5.3.15 and 2.5.3.16	Driveway grades first 6m or ‘parking area’ shall be 5% grade with transitions of 2m length	Driveway grades capable of satisfying Council standard driveway crossover requirements.	Yes
2.5.3.17	Parking areas to be designed to avoid concentrations of water runoff on the surface.	Stormwater drainage is capable of being managed as part of plumbing construction.	Yes

The proposal seeks to vary Development Provision relating to 3.2.2.4

The relevant objectives are; To allow adequate natural light and ventilation between dwellings/buildings and to private open space areas. To provide useable yard areas and open space.

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

· Council may consider varying rear setback requirements where it is demonstrated that the private open space could achieve better solar access between the building and the side setback.

· In that instance one side setback should be a minimum 4.0m in width (for an equivalent length of rear boundary, behind building line) and the rear setback may be reduced to 900mm.

The additional dwelling has a 4.6m to 6.7m side setback to the western boundary, which provides solar access to the private open space and living areas. This achieves the minimum 4.0m side setback width for approximately 7m. Based on the positioning of the proposed dwelling, western orientation of the living areas has provided maximum solar access. This is considered to provide adequate natural ventilation and light between the development and the southern adjoining property and the existing private open space

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

Note: Subdivision provisions of the DCP (except battleaxe handle width) are aimed at the creation of vacant lots (i.e. not lots within an integrated housing proposal such as this) and have therefore been excluded from the above assessment. Servicing requirements are discussed later in this report.

(a)(iii)(a) Any planning agreement or draft planning agreement

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

(a)(iv) The regulations

NSW Coastal Policy 1997

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

Demolition of buildings AS 2601 – Clause 92

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

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

Context and setting

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

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

• There are no adverse impacts on existing view sharing.

• There are no adverse privacy impacts.

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

Roads, Traffic and Transport

There are no changes to the existing driveway. The proposal is not considered to create any significant additional parking demand and/or result in any adverse traffic generation. 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 Connection

Service available – details required with S.68 application.

Sewer Connection

Service available – details required with S.68 application.

Stormwater

Service available – details required with S.68 application.

Other Utilities

Telecommunication and electricity services are available to the site.

Other Utilities

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

Heritage

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

Other land resources

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

Water cycle

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 not require any removal/clearing of any significant vegetation and therefore will be unlikely to have any significant adverse impacts on biodiversity or threatened species of flora and fauna. Part 7 of the Biodiversity Conservation Act is considered to be satisfied.

Waste

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

Energy

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

Noise and vibration

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

Bushfire

The site is not identified as being bushfire prone.

Safety, security and crime prevention

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

Social impacts in the locality

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

Economic impact in the locality

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

Site design and internal design

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

Construction

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

Cumulative impacts

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

(c) The suitability of the site for the development

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

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

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

Following exhibition of the application in accordance with DCP 2013, 2 submissions were received.

Submission Issue/Summary

Planning Comment/Response

As the development has only two single car spaces and is 2 x 3 bedroom units, we feel that extra cars will have to park on the street.

The development in accordance with Table 2.5-1 Car Parking Requirements of the PMHC Development Control Plan 2011, requires Dwelling houses/Dual Occupancies to have 1 space per dwelling. Adequate provision is made for off-street parking with 2 x single garages provided for off street parking.

There are no units in our street (Grassmere Way) and only single dwellings and we feel that this could reduce the price of our house and others within the street.

The area is zoned R1 and the proposal is consistent with the zone objectives having regard to the following:

· the proposal is a permissible landuse;

· provides a variety of housing types

· the development is consistent of other dual occupancies/multi dwelling housing development within the immediate area.

(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 not expected 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 7.11 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.

Attachments

1 View. DA2018 - 790.1 Plans and documents

2 View. DA2018 - 790.1 Recommended Conditions

Member	25/07/18	08/08/18	26/09/18	24/10/18	14/11/18
Paul Drake	P	A	P	P	P
Robert Hussey	P	P	P	P	P
David Crofts (alternate member)		P
Dan Croft (Acting Director Development & Environment) Clinton Tink (Acting GM Development Assessment (alternates) - Director Development & Environment - Development Assessment Planner	P	P	P	P	P P

Submission Issue/Summary	Planning Comment/Response
Perception of Building bulk	The upper floor setback complies with the DCP. The garage wall built to boundary is considered acceptable given the relatively short length of wall along the boundary. The garage wall is located to the south of the neighbouring dwelling so will not result in any overshadowing. The garage wall is not adjoining the principle private open space of the neighbouring dwelling
Loss of amenity through minimum distance of upper level addition to existing wall	The upper floor is considered to comply with the DCP and is capable of complying with the Building Code of Australia. Adequate privacy measures are proposed.
Use of Shed / garage	No change to current garage proposed
Survey of boundary	A condition of consent can be applied to require a survey prior to work commencing to identify the side boundary.
Coastal erosion risk	The site is located in the stable area of the zone and no additional construction safeguards are required
Structural concerns with excavation and proximity to existing dwelling	Structural design considerations are able to constrain works and mitigate issues. Engineering design and certification will be required at the construction certificate stage.
Alternative designs possible given the size and existing setback of the current dwelling	Noted. The proposal needs to be assessed on merit as submitted. Design changes have been made through the assessment process to respond to neighbour concerns.

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