Agenda of Development Assessment Panel

AGENDA Development Assessment Panel 19/12/2018

Item: 04

Subject: DISCLOSURES OF INTEREST

RECOMMENDATION

That Disclosures of Interest be presented

DISCLOSURE OF INTEREST DECLARATION

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

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

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

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

…………………………………………………….……………...…..

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

Pecuniary:

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

Non-Pecuniary - Significant Interest:

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

Non-Pecuniary - Less than Significant Interest:

May participate in consideration and voting.

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

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

Name: …………………………………………………….

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

(Further explanation is provided on the next page)

Further Explanation

(Local Government Act and Code of Conduct)

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

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

Pecuniary Interest

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

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

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

Non-Pecuniary

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

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

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

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

Non Pecuniary – Significant Interest

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

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

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

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

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

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

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

Non Pecuniary – Less than Significant Interest

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

SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION

[insert full name of councillor]

In the matter of

[insert name of environmental planning instrument]

Which is to be considered at a meeting of the

[insert name of meeting]

Held on

[insert date of meeting]

PECUNIARY INTEREST

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

Relationship of identified land to councillor

[Tick or cross one box.]

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

 Associated person of councillor has interest in the land.

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

MATTER GIVING RISE TO PECUNIARY INTEREST

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject landⁱⁱⁱ

[Tick or cross one box]

 The identified land.

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

Current zone/planning control

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

Proposed change of zone/planning control

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

Effect of proposed change of zone/planning control on councillor

[Tick or cross one box]

 Appreciable financial gain.

 Appreciable financial loss.

Councillor’s Name: …………………………………………

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

Important Information

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

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

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

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

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

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

AGENDA Development Assessment Panel 19/12/2018

Item: 05

Subject: DA2017 - 1049.1 Staged Residential Community Title Subdivision (35 Lots) at Lot 2 DP 1188545, Livingstone Road, Port Macquarie

Report Author: Benjamin Roberts

Applicant: Land Dynamics Australia

Owner: H D & R E Lundell & M K Hinton

Estimated Cost: $1,500,000

Parcel no: 63335

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2017 - 1049 for a Staged Residential Community Title Subdivision (35 lots) at Lot 2, DP 1188545, Livingstone Road, Port Macquarie, be determined by granting a deferred commencement consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a staged residential community title subdivision to create 35 lots on the subject land and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

Following exhibition of the original proposal, nine (9) submissions were received. The proposal was subsequently amended and re-exhibited. Two (2) submissions were received following re-exhibition.

1. BACKGROUND

Existing sites features and surrounding development

The subject land is described as Lot 2 DP 1188545, Livingstone Road, Port Macquarie. However the site primarily fronts Pacific Drive and has an area of 7.688 hectares. The site is located on the southern aspect of what’s commonly known as ‘Transit Hill’ and slopes away significantly from north to south.

The site is vacant land (i.e. contains no dwelling or building structures). The north western portion of the site is heavily vegetated and the south eastern portion is partly cleared with pockets of rainforest vegetation. These areas of the site are zoned E2 Environmental Conservation and R1 General Residential, respectively, in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011 as shown in the following zoning plan:

The site is predominantly surrounded by residential dwelling houses to the south, east and north which are typically two storey in nature having regard to the slope.

The site adjoins Council road reservation (unconstructed) to the west and combination of Crown and Council owned land to the north containing a water supply reservoir and telecommunication infrastructure (i.e. towers).

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:

· Vegetation clearing and associated earthworks.

· Staged provision of associated infrastructure and services

· Vehicular access from Pacific Drive.

· Retention and enhancement of remnant rainforest vegetation.

· Community title subdivision

Refer to attachments at the end of this report.

Application Chronology

· 23 November 2017 – Application lodged.

· 1 December 2017 – Integrated referral sent to NSW Rural Fire Service.

· 6 to 19 December 2017 – Public exhibition via neighbour notification.

· 4 January 2018 – Additional information request (environmental impacts).

· 20 January 2018 – Additional information request from NSW Rural Fire Service.

· 13 April 2018 – Meeting with applicant to discuss environmental impacts.

· 27 April 2018 – Additional information request (engineering issues).

· 10 May 2018 – Meeting with applicant to discuss engineering issues.

· 1 June 2018 – Letter from NSW Rural Fire Service advising not supportive of proposal as requested information not received within timeframe.

· 4 July 2018 – Additional information request (preliminary Pacific Drive intersection design plan).

· 18 July 2018 – Revised plans and additional information lodged.

· 19 July 2018 – Integrated referral sent to NSW Rural Fire Service.

· 24 July to 6 August 2018 – Re-exhibition of the revised proposal via neighbour notification.

· 3 September 2018 – Additional information request from NSW Rural Fire Service.

· 7 October 2018 – Additional information for NSW Rural Fire Service provided.

· 8 October 2018 – Additional information sent to NSW Rural Fire Service.

· 8 October 2018 – Additional information request (preliminary Vegetation Management Plan VMP).

· 7 November 2018 – NSW Rural Fire Service General Terms of Approval received.

· 15 November 2018 – Preliminary Vegetation Management Plan (VMP) provided.

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

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

(a) The provisions (where applicable) of:

(i) any Environmental Planning Instrument:

State Environmental Planning Policy No. 44 - Koala Habitat Protection

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 application was supported by an ecological impact assessment prepared by JB Enviro, dated 29 June 2018. The assessment included a Koala habitat assessment consistent with this policy. The assessment identified Tallowoods trees as being the only schedule 2 species on the site. A total of thirteen (13) Tallowood trees were identified. The assessment concluded that the site does not qualify as potential Koala habitat and that no further investigation is considered necessary.

The findings of the ecological assessment are considered acceptable and no further provisions of this SEPP require consideration.

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 residential use.

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

Given the nature and location of the proposed development there will be no adverse impacts on any existing aquaculture industries.

State Environmental Planning Policy No. 64 – Advertising and Signage

The proposal does not incorporate any signage.

State Environmental Planning Policy (Infrastructure) 2007

Consistent with clause 102 and taking into consideration the guideline titled “Development near rail corridors and busy roads – Interim Guideline 2008” the daily traffic volumes along Pacific Drive are not in the vicinity of 40,000 average daily vehicles, rather approximately 7,000 based on Council traffic data counts. Having regard to traffic volumes, approximate 10m setback to kerb from Pacific Drive and the 1.8m high timber fence proposed along the rear of the lots, the standard LAeq levels expected to be met for residential accommodation and no adverse impacts are anticipated by road noise or vibration.

Pacific Drive is not a classified and the proposal is not a traffic generating development identified in schedule 3 via clause 104 of this policy. Accordingly the application was not referred to Roads and Maritime Services. Refer roads, transport and traffic heading later within this report for traffic impacts.

State Environmental Planning Policy (State and Regional Development) 2011

The proposed development does not have a capital investment value of more than $30 million and is therefore not recognised regional development under this policy.

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 E2 Environmental Conservation. The proposed subdivision footprint is contained to the R1 zone and that proposed lot 209 is to contain all of the E2 zoned land.

In accordance with clause 2.3(2), 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 E2 Zone are as follows:

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

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

o To protect coastal wetlands and littoral rainforests.

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

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

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

In accordance with clause 2.3(2), the proposal is consistent with the zone objectives specifically:

o the proposal is a permissible landuse;

o the proposal will provide for housing needs of the community;

o the proposal will protect and restore areas of high ecological value.

o the proposal is not proposed in the E2 zone.

· Consistent with clause 2.6 land to which the LEP applies may be subdivided with development consent.

· Clause 4.1 does not apply as the proposal is for community title subdivision only.

· Clause 4.1AA, applies due to the proposed community title subdivision of the E2 zoned land. This clause requires the size of any resulting lot from a subdivision of land to be no less than the minimum size shown on the lot size map (being 3 hectares). Proposed lot (209) comprising the E2 zone land will be 40,216.5m² and greater than the 3 hectare minimum.

The lot size map identifies a minimum lot size of 450m² (green shading) and 3 hectares (purple shading) applying to the site as per below:

· Clause 4.1B, minimum subdivision lot sizes for certain split zone applies as the original lot contains land in a residential zone and land in an E2 Environmental Conservation zone. Consistent with this clause the proposal incorporates one lot that will contain land in the R1 zone that has an area not less than the minimum lot size shown on the lot size map (450m²) and all the land in the E2 zone (proposed lot 209). All other resulting lots will contain land that has an area that is not less than the minimum size shown on the lot size map (i.e. 450m²). The standard residential lots proposed range from 451.2m² to 782.7m² in size.

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

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

(a) The supply of water,

Comments: Council’s water supply section are satisfied that adequate arrangements will be made for the supply of water expected to be generated from the development. Specifically Council records indicate that the site does not have a water service. The existing 200mm AC water main on Pacific Drive (roundabout intersection to the east of the development site) needs to be extended to the development site. Each individual community titled lot will require an individual water meter with a master meter at the boundary.

Specific consent conditions have been recommended requiring final water service sizing to be determined by a hydraulic consultant consistent with the requirements of Australian Standard 3500: Plumbing and Drainage with details to be provided as part of the infrastructure construction certificate application and section 68 application.

(b) The supply of electricity,

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

Comments: Council’s sewer supply section are satisfied that adequate capacity is available and arrangements will be made for connection and disposal of sewage expected to be generated from the development. Council records indicate that the development site is currently connected to sewer via a junction to a manhole on the southern boundary. The internal sewerage network shall be privately owned and outlined within a Community Management Statement. The development will be required to discharge all sewage to a single point of connection to Council’s sewerage system. Multiple connection points may be permitted subject to the approval of the Water and Sewer Planning Manager. Specifically consent conditions have been recommended requiring sewerage reticulation details to be provided as part of the infrastructure construction certificate application and section 68 application.

(d) Stormwater drainage or on-site conservation,

Comments: A preliminary stormwater management plan has been prepared by Land Dynamics Australia, reference 5222-SW-RPT01, dated 9 July 2018.

Council’s development and stormwater engineers have reviewed the preliminary stormwater management plan. Council staff are not satisfied that adequate details have been provided to confirm acceptable stormwater management and drainage of the proposed development. As the proposed detention facility is upstream of a number of existing residential properties and in the particular context there is considered to be relatively higher level of risk/uncertainty that needs to be resolved further. Refer to detailed comments under stormwater section of this report.

Accordingly a deferred commencement condition is recommended requiring a more detailed stormwater management plan to be submitted for assessment and approval by Council prior to commencement of the development consent.

(e) Suitable road access.

Comments: Suitable road access is capable of being provided directly from Pacific Drive.

With the exception of stormwater Council staff are satisfied that satisfactory arrangements are available for the provision of essential services. A deferred commencement condition has been recommended to address stormwater.

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

No draft instruments apply.

(iii) any Development Control Plan in force:

Port Macquarie-Hastings Development Control Plan 2013

*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.	A suitable site plan addressing key requirements was 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.	No Torrens title lots proposed.	N/A
	Minimum width of 7m when boundaries are extended to kerb line.	No Torrens title lots proposed.	N/A
	Minimum depth of 25m.	No Torrens title lots proposed.	N/A
	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 Torrens title lots proposed.	N/A
	Subdivision of dual occupancy development or multi dwelling housing where permissible in the LEP may create allotments smaller than 450m² if: · Each lot to be created is part of a community or strata title scheme, or · Is part of an integrated Torrens title housing development.	No dual occupancy or multi-dwelling housing proposed.	N/A
3.6.3.3	Battleaxe lots discouraged in greenfield development.	No Torrens title lots are proposed. It is noted that proposed lots 206 and 116 are battleaxe arrangements accessed via the internal private road network. Having regard to road ownership and the site being an ‘infill’ site the arrangement is considered acceptable.	No, but acceptable
3.6.3.3	Council may consider permitting Torrens Title battleaxe allotments for ―infill development where it is demonstrated that; · a Torrens Title lot, that is not a battleaxe lot, cannot be achieved; and · the number of crossovers do not reduce the amenity of the street or on street parking; and · the impact of noise, dust and headlights on the land owners adjoining the driveway is addressed by the construction of an acoustic fence for the full length of the driveway; and · addresses privacy between the rear lot and the rear open space of the front lot by the provision of · adequate screening, larger lot size and setbacks; and · extends utilities to the end of the axe handle; and · there is sufficient space for garbage collection on the frontage.	Refer to above. No Torrens title lots proposed.	Refer to above.
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.	The site is quite steep and slopes away to the south. It is considered the proposed lots are capable of containing dwellings with minimal cut and fill. Bearer and joists and spilt level construction for instance on the steeper blocks is envisaged rather than slab on ground.	Yes capable.
	Lot sizes increased for sloping sites in accordance with Table 3.6.1.	Having regard to dwelling design options available for sloping site the lot sizes are acceptable and comply with LEP 2011.	No but considered acceptable.
	Additional information provided for slope categories in accordance with Table 3.6.2.	No building footprints or retaining walls have been nominated. Having regard to dwelling design options available for sloping sites these details are not considered necessary.	No but considered acceptable.
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.	Proposed lot design is acceptable for maximising solar orientation.	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 size and shape ensures suitable passive solar design opportunities.	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)	Has been required via recommended consent conditions where necessary.	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.	Development allows suitable density having regard to the site constraints.	Yes
3.6.3.8	All new roads to be dedicated to Council designed in accordance with AUSPEC.	No public roads identified for the site. Community title arrangement proposed. No road dedication proposed.	N/A
3.6.3.9	Roads identified for bus routes to facilitate bus bays and stops no more than 600m apart.	No public roads identified for the site. Relocation of existing bus stop and bays on Pacific Drive subject to recommended consent conditions.	N/A
3.6.3.10	Road design and construction as per figure 3.6-3 to figure 3.6-11. Street trees, underground utilities, kerb and guttering and pedestrian path.	No public roads proposed.	N/A
3.6.3.11	Perimeter roads adjoining bushland and may be part of APZ.	No public perimeter roads proposed.	N/A
3.6.3.12	Perimeter roads designed as per figure 3.8-8.	No public perimeter roads proposed.	N/A
3.6.3.13	Footpaths to be provided on both sides of collector and arterial roads. Footpaths on one side for access place and local streets. Off street share-ways and on road cycle ways should be provided. CPTED principles for footpaths and cycle ways.	No public collector or arterial roads proposed. No public access place or local streets proposed. No public roads proposed.	N/A N/A N/A
3.6.3.14	Local roads designed for max speed of 50km/hr. On street parking discouraged along local roads. Signage illustrating links from local to regional road network.	No public roads proposed.	N/A
3.6.3.15	Cycling infrastructure be provided as per cycling plan or contribution provided.	Site identified as existing road shoulder along Pacific Drive. No proposed route in cycling plan.	N/A
3.6.3.16	Integrated Water Cycle Management Strategy to be provided.	Strategy provided.	Yes
3.6.3.17 3.6.3.18 3.6.3.19	Stormwater Management Strategy be provided.	Strategy provided. Refer to detailed comments under stormwater heading later within this report.	Yes
3.6.3.20	Water supply to meet Council’s design specifications.	Capable of complying.	Yes
3.6.3.21	All lots connected to reclaimed water if available.	Capable of complying.	Yes
3.6.3.22	Where reclaimed water available use for certain activities.	Reclaimed not available or planned for the site.	N/A
3.6.3.23	Extension of water supply to be at full cost of proponents.	Suitable conditions recommended.	Yes
3.6.3.24	Separate sewer junction provided for each lot.	Capable of complying. Condition recommended.	Yes
3.6.3.25	Extension of sewer supply to be at full cost of proponents.	Suitable conditions recommended.	Yes
3.6.3.26 3.6.3.27	Erosion and sediment control plan to be provided.	To be conditioned.	Yes
3.6.3.28	Saving and re-using of topsoil encouraged.	Noted.	Yes
3.6.3.29	Public open space. Neighbourhood parks provided as indicated so that residential areas are within 500m of nearest park.	No park is proposed. No public park identified in plan for the site. Land is already zoned residential.	Yes
3.6.3.30	Neighbourhood parks to be dedicated, minimum of 2000m2 and embellished.	No park is proposed or required.	N/A
3.6.3.31	Open space management strategy for linkages to drainage and wildlife corridors.	No park is proposed or required.	N/A
3.6.3.32	Street tree plantings to be selected from Indigenous planting list.	Capable of complying. Details to be provided within CC documentation.	Yes
3.6.3.33	Lot layout to address open space or public environmental lands. Public perimeter roads encouraged. CPTED principles in open space design.	No public perimeter roads proposed.	N/A
3.6.3.34	All service infrastructure should be underground unless otherwise approved by Council.	To be conditioned.	Yes
	All service infrastructure should be installed in a common trench.	Where applicable, to be conditioned.	Yes
	Conduits for the main technology network system should be provided in all streets.	Where applicable, to be conditioned.	Yes
	Conduits are to be installed in accordance with the National Broadband Network Company Limited’s ‘Guidelines for Fibre to the Premises Underground Deployment’.	Where applicable, to be conditioned.	Yes
	Access pits are to be installed at appropriate intervals along all streets.	Where applicable, to be conditioned.	Yes
3.6.3.36	Roads to be designed per AUSPEC for access by waste collection vehicles.	No public roads proposed. It’s expected that a private waste collection will be required having regard to the site constraints. Condition has been recommended.	Yes
3.6.3.45 3.6.3.46 3.6.3.47	Street lighting to be provided per Australian Standards. Energy efficient. Along pathways, cycle ways etc.	Capable and conditions applied.	Yes
3.6.3.48	Street naming to be shown on plans.	Capable and conditions applied.	Yes
3.6.3.49 3.6.3.50	Strata / Community Title Subdivision may be applied for. Concept plan to be provided.	Community title subdivision applied for. Concept plan provided.	Yes
3.6.3.51	Street trees should be provided along all road frontages generally at a rate of 1 per 20m interval.	Capable and conditions applied.	Yes
3.6.3.51	Street trees should not affect solar access.	Capable and conditions applied.	Yes
3.6.3.52	Street trees from Council’s list.	Capable and conditions applied.	Yes
3.6.3.53	Street tree species and plantings have regard to CPTED principles.	Capable and conditions applied.	Yes
*DCP 2013: General Provisions*
DCP Objective	Development Provisions	Proposed	Complies
2.3.3.3	Significant land reforming proposals to identify impacts. High earthwork batters avoided. Preliminary final landform plans to be provided.	Preliminary landform engineering plans provided.	Yes
2.3.3.4	Fully vegetated 50m buffer to be provided to non-floodplain or wetland Endangered Ecological Communities (EEC).	Having regard to the location of the identified EEC and its current residential zoning and that the proposal includes protection and enhancement of the majority of the identified high quality rainforest EEC it is considered appropriate in this instance to relax the 50m buffer to approximately 9m and 12m respectively as per the required bushfire Asset Protection Zones (APZs). The APZs will provide a suitable buffer to the EEC and the Vegetation Management Plan (VMP) provides appropriate management for protection and enhancement of the EEC.	No but considered acceptable.
2.3.3.5	Habitat/vegetation to be lost is to be offset through dedication of suitable land based on expert ecological knowledge based on principle of ‘improve and maintain’. Improvement and maintenance of existing habitat and corridors first preference for offset. Vegetation Management Plan to be prepared for any environmental land to be retained or used for offset.	Preliminary VMP provided based on expert ecological advice. Improvement and maintenance of identified quality EEC proposed. It is considered appropriate in this instance that the retention of the high quality EEC identified in the R1 zone provides a suitable offset for the component of vegetation and trees to be removed from the site.	Yes
2.3.3.6	Vegetated buffers to be provided to watercourses.	No defined natural water courses identified onsite.	N/A
2.3.3.8	Removal of hollow bearing trees	No hollow bearing trees to be removed.	N/A
2.4.3	Asset Protection Zones to be located outside environmental protection zones. Perimeter roads to all urban areas adjoining environmental lands and buffers.	APZs are located outside of environmental protection zones. Community title only with no public perimeter roads proposed.	Yes
2.4.3.6	All stormwater to be designed in accordance with AUSPEC.	Capable of compliance. Conditions applied. Refer to comments under stormwater heading within the report.	Yes
2.5.3	Transport, traffic and access	Refer to detailed comments under roads, transport and traffic heading later within this report.	Yes
2.5.3.11	Section 94 contributions	Contributions apply.	Yes
2.6.3.1	Tree removal (3m or higher with 100m diameter trunk and 3m outside dwelling footprint	Tree removal proposed and assessed by ecological assessment.	Yes
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline: · Casual surveillance and sightlines · Land use mix and activity generators · Definition of use and ownership · Lighting · Way finding · Predictable routes and entrapment locations	The layout does not create any crime safety issues. The design allows separation from habitat/concealment areas and allows surveillance of the street.	Yes

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

No planning agreement has been offered or entered into.

iv) any matters prescribed by the Regulations:

New South Wales Coastal Policy:

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

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

No Coastal Zone Management Plan applies to the subject site.

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

Context and setting

The site primarily fronts Pacific Drive and has an area of 7.688 hectares. The site is located on the southern aspect of what’s commonly known as ‘Transit Hill’ and slopes away significantly from north to south.

The site is predominantly surrounded by residential dwelling houses to the south, east and north which are typically two storey in nature having regard to the slope.

Having regard to existing development within the locality the proposal is considered to be consistent with the locality and adequately addresses planning controls for the area.

Site Frontage & Access

Vehicle access to the site is proposed though an individual driveway to internal private roads. The accessway shall be provided in concrete and compliant with Council’s heavy duty standard crossover. Access shall comply with Council AUSPEC and Australian Standards, and conditions have been recommended to reflect these requirements.

Due to the type and size of development, additional works are required to include:

· Road widening to accommodate turning lanes and maintain the existing sealed shoulders

· concrete footpath paving (minimum 1.5m wide) along the full frontage and including a refuge to the existing network on Boonamin Rd.

Roads, Transport and Traffic

Pacific Drive is a two-coat sealed public road under the care and control of Council. It has a 2m wide sealed shoulder for the frontage of the site.

The application was supported by a Traffic Impact Assessment prepared by StreetWise Road Safety & Traffic Services Pty Ltd, dated 15 November 2017.

The development has proposed an access to the site from Pacific Drive in the vicinity of the sag point along Pacific Drive. A channelised right turn into the development only is proposed. Review of the traffic impact assessment indicates that an auxiliary left turn is also required, given the downward grade of the approach and the sight distances from the crest of the road. The traffic assessment has defined Pacific Drive as a Collector Road, which is incorrect. Pacific Drive is classified as Urban Distributor. The design of the intersection will be required to comply with AustRoads. Road widening shall be required to facilitate the additional lane widths to accommodate the turning lanes whilst maintaining the 2m sealed shoulders. All additional road works deemed necessary to accommodate the proposal have been recommended as consent conditions.

The traffic impact assessment noted that although the traffic generated from the development is low, the daily and peak hour volumes on the Pacific Drive are high, requiring the intersection to have a small channelised intersection in order to provide safe access to and from the site. The report has recognised the crest in Pacific Drive approximately 160m west of the proposed entry to the site, but has not has not made any reference to the downhill grade as you approach the entry to the development. Recognising that the design speed is 60km/h or 16m/s, there is concern that with a reaction time of approximately 2 seconds a vehicle heading towards the Central Business District will be accelerating downhill towards the entry and will traverse a minimum of 42m before they react to a decelerating vehicle attempting to enter the development. This has the potential for vehicle collision. Council has recommended that an auxiliary left hand turn is provided in order to protect the safety of road users. The intersection shall be designed in accordance with Aust-Roads. Refer to relevant recommended conditions of consent.

The required upgrades will ensure that the proposed increase in traffic will be safely and efficiently catered for within the local road network.

Stormwater

The site naturally grades towards Pacific Drive and is traversed by three natural gullies which convey runoff from the upstream catchment thorough the site.

The site frontage to Pacific Drive contains a local sag (depression) which is currently subject to occasional flooding across Pacific Drive as a consequence of stormwater blockages and / or an undersized piped drainage system (council does not have a model of this system at present).

This existing situation results in overland flows being directed into a defined overland flow path located to the south of the site between Pacific Drive and Boonamin Road. This flow path contains a grassed channel and stormwater detention system with dwellings adjacent.

The design for this downstream system (prepared as part of an application for residential subdivision in circa 2004), indicates that the adjoining dwellings are provided with 500 freeboard above the top water level in the overland flow path.

In order to ensure that the proposed development does not increase discharge to this system or exacerbate any existing issues (and where possible remedy any existing issues), it is critical that the stormwater drainage system designed to convey flows generated within and traversing the current development site be designed to ensure that the existing drainage system between Pacific Dr and Boonamin Road comply with the requirements of AUS-SPEC D5 and that the existing overland flow path functions in accordance with the original design intent. In this regard, the stormwater management plan lacks detailed modelling of not only the internal site drainage, but also of the existing drainage system downstream of the site (into Boonamin Road).

It is understood that from a vehicular access perspective, that the development will necessitate a local upgrade and widening of Pacific Drive within the site frontage in order to facilitate safe access/egress to and from the site. This will necessitate the provision of an upgraded local stormwater drainage system in Pacific Drive to suit the new road and kerb alignment.

It needs to be demonstrated via modelling and design that the upgraded Pacific Drive local drainage system can comply with the abovementioned targets.

In relation to the development proposal itself, stormwater from the proposed development is planned to be disposed to Pacific Drive via a combination of on-site stormwater detention and water quality control facilities, which have been conceptually designed by the applicant to meet AUS-SPEC requirements regarding quality and quantity of runoff.

The above-mentioned downstream overland flood related risks may necessitate a revision to the sites onsite detention strategy and overall volume. It is considered that the preliminary stormwater management plan has not adequately demonstrated that the necessary water quality and detention controls can be incorporated into the proposed development. Further details are considered necessary.

The proposal includes a large open on-site stormwater deletion basin within the site frontage to Pacific Drive containing a nominal 740m³ of storage at a depth of approximately 1.8m. Should detention volumes need to be increased following the detailed design phase, the basin could be conceivably expanded into proposed adjoining lot 201 in order to provide additional area for detention. Having regard to the slope constraints of this site it is considered that these detailed designs and modelling need to be undertaken as part of the development application.

Pending confirmation of volumes, this basin system will also require rigorous structural design and review by the NSW Dam Safety Committee on the basis that it will result in the temporary storage of substantial volumes of water above downstream residential development. The risks associated with failure or lack of maintenance of this structure must be assessed and addressed in detail. It is considered that detailed design and review by Council and the NSW Dam Safety Committee is necessary prior to any development consent being issued.

The site is also traversed by three existing gullies, which drain significant upstream catchments. The proposal includes the construction of three separate piped drainage systems to capture and convey flows from these gullies through the site. Whilst no objections are raised towards this approach in concept, more detailed design works is necessary and needs to demonstrate the following:

· Provision of suitable inlet protection – the three gullies originate in upstream bushland. It is expected that major event flows would likely be carrying large debris loadings and as such it is crucial that the inlets be designed with an appropriate blockage factor.

· Provision of safe overland flow paths.

· Detailed modelling which demonstrates that the capture and conveyance of these existing flows does not alter the function or capacity of the downstream drainage system. In particular, without treatment, it would be expected that piping such overland flows would result in a reduction in the time of concentration for the catchment as a result of the ‘speeding up’ of flows that would results from introducing a low roughness piped drainage system.

In relation to water quality, the proposal includes a combination of systems and further detail is considered necessary on how these systems will achieve long term compliance with water quality control targets within AUSPEC. In this regard maintenance plans that demonstrate how the basin and all water quality control measures are to be maintained long term. These maintenance plans need to have regard to ultimate land ownership and ongoing responsibilities.

In summary Council’s development and stormwater engineers have reviewed the proposed development and preliminary stormwater management plan and are not satisfied that adequate details and arrangements have been provided for effective stormwater management and drainage of the proposed development.

A deferred commencement condition is recommended specifying evidence/details necessary to be incorporated into an amended stormwater management to Councils satisfaction prior to commencement of the development consent.

Water Supply Connection

Council records indicate that the development site does not have a water service.

The existing 200mm AC water main on Pacific Drive (roundabout intersection to the east of the development site) shall be extended to the development site at no cost to Council.

Each individual community titled lot must have an individual water meter with a master meter at the boundary.

Final water service sizing will need to be determined by a hydraulic consultant to suit the domestic and commercial components of the development, as well as fire service and backflow protection requirements in accordance with AS3500.

Refer to recommended conditions of consent.

Sewer Connection

Council records indicate that the development site is currently connected to sewer via a junction to a manhole on the southern boundary.

The internal sewerage network shall be privately owned and outlined within the Community Management Statement. The development shall discharge all sewage to a single point of connection to Council’s sewer system. Multiple connection points may be permitted subject to the approval of the Water and Sewer Planning Manager.

Refer to recommended conditions of consent.

Other Utilities

Telecommunication and electricity services can be made 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

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 on the site in order facilitate the subdivision. The protection and enhancement of rainforest vegetation identified as Endangered Ecological Community in the R1 zone also forms part of the proposal.

It is noted that the application was lodged on 23 November 2017 and is subject to the Biodiversity Conservation (Savings and Transitional) Amendment Regulation 2017 under which the former planning provisions continue to apply to the determination of a pending planning application. i.e. the Biodiversity Conservation Act 2016 does not apply.

Having regard to the vegetation removal proposed to facilitate the development (inclusive of services, bushfire protection measures and dam removal) the application was supported by a statutory ecological impact assessment prepared by JB Enviro, dated 29 June 2018. The report addresses the requirements of the ‘7 part test’ under Section 5A of the Act. The report concluded that the proposal is unlikely to have a significant impact on any threatened species and that a Species Impact Statement is not required.

A preliminary Vegetation Management Plan (VMP) also supports the application which clarifies the extent of land subject to plantings, weed control and management (i.e subject to the VMP). It is noted that the VMP land will form part of community land and be managed by the respective community association.

The E2 zoned land proposed to form part of proposed lot 209 does not form part of the VMP lands and the intent is to use this area as a future Biodiversity Stewardship site under the Biodiversity Conservation Act 2016 to which management of that land will be subject to separate agreement under that legislation.

The ecological assessment identified that, even though the land has been subject to a history of disturbance, much of the regrowth in the R1 zone qualifies (on a precautionary basis) as an Endangered Ecological Community (EEC) and that this vegetation has important value as a local linkage albeit with limitations posed by island biogeographic limitations and the dominance of the landscape by residential development. To this end the majority of the rainforest regrowth (EEC) is to be retained and enhanced via infill planting and weed control (i.e. subject to the VMP).

The ecological assessment concludes that the proposal is unlikely to have any significant adverse impacts on flora and fauna subject to ameliorative measures. In summary the below ameliorative measures were recommended and should consent be granted they would form part of consent conditions:

· Bush regeneration

· Asset Protection Zone selective habitat retention

· Mytrle rust hygiene

· Quarantine

· Construction hygiene

· Operation hygiene

· Clearing management

· Erosion and sediment control

· Artificial lighting

In summary and consistent with the findings of the ecological assessment it is considered that given the limited extent of rather low value habitat affected; the ecology of the species affected; that the majority of vegetation and the EEC will remain; and the balance of impacts and ameliorative measures: the impacts are considered unlikely to be of sufficient magnitude to result in the loss of viability of a local population of any threatened species or EEC.

Conditions of consent have been recommended specifying further commitments to be detailed and provided in a revised VMP to which is be approved by Council prior to the issue of any Construction Certificate.

Waste

Satisfactory arrangements can be made for proposed storage and collection of waste and recyclables. A private waste collection service will be necessary and conditions have been recommended to reinforce this. No adverse impacts anticipated. Standard precautionary site management condition recommended.

Energy

No adverse impacts anticipated.

Noise and vibration

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

Bushfire

The site is identified as being bushfire prone. The applicant has submitted a bushfire assessment report prepared by Building Code & Bushfire Hazard Solutions Pty Ltd, dated 9 July 2018. In accordance with Section 100B of the Rural Fires Act, 1997, the application proposes development for a Special Fire Protection Purpose.

The Commissioner has assessed the development and has issued a Bushfire Safety Authority consisting of General Terms of Approval which form part of the recommended conditions of consent.

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 original proposal, nine (9) submissions were received. The proposal was subsequently amended and re-exhibited. Two (2) submissions were received following re-exhibition.

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

Submission Issue/Summary	Planning Comment/Response
It’s a shame to see the land being developed as the original owner wanted it kept in its original state.	The development site is zoned residential and development of the land is anticipated.
There is a considerable lack of detail in the application. It’s unclear as to what interface will occur between the existing lots along Pacific Drive and those proposed to adjoin them. i.e. retaining, fencing, plantings?	The plans were subsequently revised with screen planting now proposed at the interface with the existing lots along Pacific Drive. No retaining or new fencing is proposed as part of the application.
What’s planned for the area marked as stage 1?	It’s assumed this reference is made to the area north of the proposed lots or the E2 zone in the western portion of the site. This area north of the lots has been identified as containing significant vegetation and will be retained and managed under a vegetation management plan. Refer to plan in the preliminary VMP which identifies the land. No development is proposed on the E2 zone in the western portion of the site.
There is little mention of Koala habitat, tree removal and impact upon Koalas known to exist on the site.	Refer to comments under SEPP 44 Koala Habitat Protection provided earlier within this report.
There is no discussion about impact upon fauna from the vegetation and tree removal proposed.	Refer to comments under flora and fauna heading earlier within this report for assessment and findings.
Bushfire appears to be a serious problem.	Bushfire protection measures are proposed and an assessment under taken by a suitably qualified professional. The proposal and assessment has been reviewed by NSW Rural Fire Service. Generals Terms of Approval have been issued which will form part of the consent.
The time frame given to object is considered inadequate.	The application was exhibited in accordance with the consultation requirements and 14 day period specified in Development Control Plan (DCP) 2013. It should also be noted that following amendment the revised proposal was re-exhibited in accordance with the DCP.
The fire trail proposed from Orr Street will impact on vegetation and fauna within this area.	Amendments to the application included removal of lots and associated fire trail behind properties in Orr Street. It is still proposed to continue management of a 5m wide area behind the back of these properties. The impacts of such have been considered in the ecological assessment. Refer to comments under flora and fauna heading of this report.
It is requested that not just weeds but all non-native vegetation be removed from the vegetated gullies and Orr Street frontage.	The preliminary VMP includes management practices, including weed removal and control, to allow the natural progression of these vegetated areas to a rainforest state.
Who will own the large area marked as environmental conservation in stage 1? And is the zoning of this likely to change in future?	The large western portion of heavily vegetated land zoned E2 Environmental Conservation is proposed to form part of proposed lot 209 and will be retained in private ownership. The E2 land zoning is unlikely to change in the future.
Does Council enforce environmental restrictions if the property is Community Title?	Irrespective of the land titling arrangements the management of the environmental lands will remain the responsibility of the respective land owner consistent with the obligations outlined in the approved Vegetation Management Plan.
Concern is expressed surrounding the future height of buildings on the lots and potential loss of views and overshadowing that will decrease land values.	No buildings are proposed under this application. Being subdivision only no view or solar access impacts have been identified. By the same token the standard 8.5m building height restriction applies to the land. Impact on land value is not a planning consideration.
What is meant by the “buffer zone/screening required” shown behind the properties along Pacific Drive	Revised plans including a landscape plan propose vegetation plantings at this interface to assist with privacy between neighbours. The applicant has indicated that planting species and height will be nominated at construction stage.
What type of fencing will be placed behind the back of the properties along Pacific Drive? And how will this affected existing retaining walls?	No new fencing is nominated on the plans or proposed as part of this application. A condition has been recommended requiring new boundary fencing at 1.8m in height. The type of fencing is expected to be agreed upon between the respective land owners. No change to existing retaining walls is proposed.
Concerns about construction noise.	Recommended standard consent conditions would limit any construction activities to between 7am to 6pm Monday to Saturday with no work on Sunday or public holidays. These permitted construction work hours are consistent for all developments.
The increased traffic to be generated will create traffic problems to a road that is already in a terrible condition. The existing properties fronting Pacific Drive lack kerb and guttering.	Refer to comments under roads and traffic heading of this report. The existing condition of the road and lack of kerb and gutter to existing houses is a matter for Council and unrelated to this development application.
The clearing of Lowland Subtropical Rainforest Endangered Ecological Communities (EEC) and other indirect impacts on this EEC is to legislation and Council’s DCP.	Subsequent to the original proposal and detailed ecological assessment was undertaken and the proposal amended to retain the majority of the identified EEC and enhance via a Vegetation Management Plan (VMP). Refer to comments within the DCP table within this report regarding EEC and reduced buffer requirements.
Failure to provided Vegetation Management Plan (VMP) for retained vegetation and EEC as per DCP.	A preliminary VMP has subsequently been provided following revision of the proposal.
Failure to comply with SEPP 44 – Koala Habitat Protection, Threatened Species Conservation and Biodiversity Conservation Acts.	Refer to comments under SEPP 44 heading and flora and fauna heading of this report.
The ecological assessment prepared by Envirotech, dated 2 November 2017, is lacking in detail, fails to address relevant legislation and DCP provisions and is considered deficient.	A new ecological assessment was undertaken and the proposal was subsequently revised having regard to the findings. Refer to comments under flora and fauna, SEPP 44 and DCP table headings within this report.
The cleared area behind the properties fronting Orr Street should be maintained and allow vehicular access to reduce bushfire risk to these properties.	No change to any existing informal access and management arrangements are proposed in this area. It is noted that no APZ restriction applies to the title of the land.

(e) The Public Interest:

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

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

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

5. CONCLUSION 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 a deferred commencement consent and the recommended conditions of consent provided in the attachment section of this report.

Attachments

1 View. DA2017 -1049.1 Draft Deferred Commencement Consent Recommended Conditions

2 View. DA2017 - 1049.1 Bushfire Safety Authority conditions NSW RFS

3 View. DA2017 - 1049.1 Amended Bushfire Report 180718

4 View. DA2017 - 1049.1 Amended New Ecological Report 180718

5 View. DA2017 - 1049.1 Amended Updated Stormwater Management Plan 180718

6 View. DA2017 - 1049.1 Preliminary Vegetation Management Plan (VMP)

7 View. DA2017 - 1049.1 Plans.pdf

AGENDA Development Assessment Panel 19/12/2018

Item: 06

Subject: DA2018 - 479.1 Change Of Use - Vehicle Repair Station To Light Industry - Lot A DP 395406, No 187 High Street, Wauchope.

Report Author: Clint Tink

Applicant: H M R McKenzie

Owner: M G & J Binskin

Estimated Cost: N/A

Parcel no: 9043

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2018 – 479.1 for a change of use from vehicle repair station to light industry at Lot A, DP 395406, No. 187 High Street, Wauchope, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a change of use from vehicle repair station to light industry 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 and prior to finalising this report, eight (8) submissions were received. The submissions comprise one (1) against the proposal and seven (7) in support of the proposal.

1. BACKGROUND

Existing sites features and surrounding development

The site has an area of 790.4m².

The site is zoned IN2 Light Industrial 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:

· DA1997/142 approved the use of the property for vehicle repairs, fabrication and sales with hours of operation being 7am to 6pm Monday to Friday and 8am to 4pm Saturday.

· The light industry will comprise kitchen joinery and fabrication with ancillary/related sales.

· The existing three (3) signs onsite will be updated to reflect the new use/business.

· The development will utilise equipment on site such as forklift, panel saw, edge bender, hinge drill press, CNC router, drills, welder lathe, dust extractor, vacuums and hand tools. As a result, typical activities occurring onsite would be sawing, cutting, drilling, laminating, assembly and joining of products along with cleaning, sales and maintenance.

· The sales component will be ancillary to the joinery/fabrication. Typical sales would be for kitchens, bathroom and office designs, cabinetry and parts such as handles, hinges etc.

· The applicant originally proposed hours of operation as follows:

- 24/7 for vehicle and personal access associated with any security or emergency issues.

- 4am to 11pm, 7 days for doing office work such as sales and cleaning/vacuuming.

- 5am to 7pm Monday to Friday and 8am to 4pm Saturday for loading vehicles.

- 7am to 7pm Monday to Friday, 7am to 4pm Saturday and 9am to 4pm Sunday for general work associated with the industry.

However, a Noise Impact Assessment has since made recommendations on activities and hours – see Noise and vibration section of this report.

Refer to attachments at the end of this report.

Application Chronology

· 3/7/2018 – Application lodged with Council.

· 9/7/2018 – Applicant requested details on contributions. Preliminary response was provided by Council staff on 10/7/2018.

· 11/7/2018 – Council staff requested additional information on plans, signage, details on sales, equipment and activities carried out onsite.

· 13/7/2018 – Applicant provided partial response to issues raised on 11/7/2018.

· 16/7/2018 – Council staff requested clarification on plans and signage. Further discussion was held with the applicant on requirements.

· 18/7/2018 – Applicant submitted revised plans and clarification on signage.

· 23/7/2018 – Council staff requested notification fees. Applicant paid the same day.

· 26/7/2018 to 8/8/2018 – Notification period.

· 20-25/7/2018 – Discussions with the applicant regarding site inspection.

· 1/8/2018 – Applicant sought clarification on hours of operation.

· 2/8/2018 – Council staff responded to hours of operation inquiry.

· 20/8/2018 to 7/9/2018 – Council provided options for addressing potential noise impacts. Various emails between the applicant and Council staff on noise assessment requirements/approach.

· 6/9/2018 – Emails between Council staff and the applicant on additional submissions.

· 30/10/2018 – Applicant submitted noise report.

· 7/11/2018 – Details provided to applicant on the Development Assessment Panel (DAP) process/timing.

· 23/11/2018 – Update provided to applicant on DAP process/timing.

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. 33 - Hazardous and Offensive Development

The subject SEPP was introduced to clarify the definitions for hazardous and offensive industries and to apply guidelines for the assessment of industries that have the potential to create hazards or an offence. In this case, the development has the potential to be offensive given the manufacturing components and the provisions of the SEPP apply. Having considered the SEPP and with the imposition of conditions regarding hours of operation, noise mitigation etc, the proposed development is not considered to be hazardous or offensive industry and will create no significant risk. The development can continue to be assessed as a light industry.

State Environmental Planning Policy No. 44 - Koala Habitat Protection

With reference to clauses 6 and 7, the subject land is not one hectare in size and does not involve any tree removal. Therefore, the provisions of the SEPP do not apply.

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. In particular, no sensitive residential type use is proposed and no major disturbance to site conditions required.

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

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

State Environmental Planning Policy No. 64 – Advertising and Signage

The proposed development includes proposed replacement advertising signage in the form of business identification signage.

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

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

Applicable clauses for consideration	Comments	Satisfactory
Clause 8(a) Consistent with objectives of the policy as set out in Clause 3(1)(a).	The proposed signage complies with the subject Clause. In particular, the proposed signage is not excessive for an industrial area, is consistent with surrounding signage and will not impact on streetscape.	Yes
Schedule 1(1) Character of the area.	Signage is consistent with others in the area and will not compromise the character of the locality.	Yes
Schedule 1(2) Special areas.	Not a special area.	Yes
Schedule 1(3) Views and vistas.	No views or vistas impacted.	Yes
Schedule 1(4) Streetscape, setting or landscape.	The proposed signage is not excessive for an industrial area, is consistent with surrounding signage and will not impact on streetscape.	Yes
Schedule 1(5) Site and building.	The proposed signage fits in with the site and location of buildings.	Yes
Schedule 1(6) Associated devices and logos with advertisements and advertising structures.	None proposed.	Yes
Schedule 1(7) Illumination.	To be controlled via conditions.	Yes
Schedule 1(7) Safety.	The signage will create no safety impacts.	Yes

State Environmental Planning Policy (Infrastructure) 2007

Pursuant to Division 17, Subdivision 2, the subject site has frontage to High Street, which is a classified road. Having considered the provisions of the SEPP, the proposed development will utilise existing access points (ie no new access proposed) and the volume of traffic associated with the development is likely to be minor/consistent with the current vehicle repairs use.

The scale of the development does not trigger the need for referral to the Roads and Maritime Services and the type of development (non-residential use) is unlikely to be impacted by any road noise or vibration.

Based on the above, no adverse impact on the operation of the classified road will occur and the development complies with the requirements of the SEPP.

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 IN2 Light Industry. In accordance with clause 2.3(1) and the IN2 zone landuse table, the proposed development for a light industry and ancillary industrial retail outlet (kitchen joinery and sales) is a permissible landuse with consent.

The objectives of the IN2 zone are as follows:

o To provide a wide range of light industrial, warehouse and related land uses.

o To encourage employment opportunities and to support the viability of centres.

o To minimise any adverse effect of industry on other land uses.

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

o To support and protect industrial land for industrial uses.

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 adds to and complements the mix of uses in the area.

o The proposal will maintain employment within the industrial workforce and create associated flow on impacts within the area.

o Through the use of conditions, the proposal will create no adverse impact or conflict with adjoining uses.

o The proposed use is consistent with and potentially less invasive than the current approved vehicle repair use for the site.

o The proposal continues with the industrial theme in the surrounding area.

· Clause 4.3 and 4.4, the height and floor space ratio of the building remain unchanged.

· Clause 5.4, the proposed ancillary industrial retail outlet area does not exceed 43% of the industrial floor area or 400m².

· Clause 5.10, the site does not contain or adjoin any known heritage items or sites of significance. Site is also disturbed from past activities.

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

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

None relevant to the proposal.

(iii) any Development Control Plan in force:

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: Chapter 3.5 - Industrial Development*
DCP Objective		Development Provisions	Proposed	Complies
3.5.3.1		Minimum setbacks are provided as follows: · 10m from a classified road; · 7.6m from any other road boundary; · 3m from any secondary road frontage.	The building is existing with no changes proposed to front setbacks.	N/A
3.5.3.2		Elevations of building which are visible from a public road, reserve or adjacent or adjoining residential areas are to be constructed using: · brick, masonry, pre-coloured metal cladding, or · appropriately finished ‘tilt-slab’ concrete; or · a combination of a number of these materials.	The building is existing with no changes proposed to elevations.	N/A
3.5.3.2		Large unrelieved expanses of wall or building mass are not favoured, and as such should be broken up by the use of suitable building articulation, fenestration or alternative architectural enhancements.	The building is existing with no changes proposed to elevations.	N/A
3.5.3.3		Material storage/work areas and volumes to be provided with application.	Except for temporary storage of materials during loading/unloading of vehicles and some waste bins; all storage/work areas will be conditioned to be contained within the building.	Yes
3.5.3.3		Open work and storage areas to be located at rear of premises and screen from view by landscaping and/or fencing minimum 2m high.	Refer to above comment.	Yes
3.5.3.4		Detailed landscaping plan submitted.	No change to external areas/landscaping proposed or required.	N/A
		Landscaped strip 3m wide for 2/3 of each road frontage.	No change to external areas/landscaping proposed or required.	N/A
		No fencing in front setback unless for display items. High quality fencing and landscaping.	None proposed.	N/A
3.5.3.5		An onsite recreation area is provided for staff that: · Includes seating, tables and rubbish bin. · If outside, is adequately protected from the weather · Is safely accessible to all staff. · Is separate private from public areas. · Is located away from noisy or odorous activities.	Site contains suitable area onsite for a staff recreation areas.	Yes
3.5.3.6		Provide onsite facilities for changing, showering and secure bike storage.	Facilities/area exist within the site/development.	Yes
3.5.3.7		Development complies with NSW Industrial Noise Policy.	Refer to comments on Noise and vibration later in this assessment report.	Yes
		Building openings located to minimise noise impacts if within 400m of residential zone.	Refer to comments on Noise and vibration later in this assessment report.	Yes
		External plant such as generators, air conditioning plant and the like, should be enclosed to minimise noise nuisance and located away from residences.	Refer to comments on Noise and vibration later in this assessment report.	Yes
		External and security lighting should be directed and shielded to avoid light spillage to adjoining residential areas.	To be conditioned.	Yes
		Driveways should be arranged or screened to avoid headlight glare on residential windows.	Driveways do not exit toward residential windows.	Yes
3.5.3.8		Office space ancillary to the industrial use is permissible with consent, subject to satisfaction of the following matters: · That the office component of a proposed development is ancillary to the functions carried out in the factory, warehouse or other industrial use. · That the office area is not leased to a separate company or entity. · That parking facilities are adequate to cater for the size of the office development.	The proposal includes ancillary office areas and conditions of consent will manage their use to ensure consistency with the DCP.	Yes
3.5.3.9		The site should be serviced by reticulated water (and dual reticulation where this is available), sewer and telecommunications.	The development will remain connected to available services.	Yes
3.5.3.10		Garbage storage areas are not visible from a public place.	To be conditioned.	Yes
3.5.3.11		Stormwater management strategy prepared.	Hard stand areas and stormwater management remain unchanged.	N/A
*DCP 2013: General Provisions*
DCP Objective	Development Provisions		Proposed	Complies
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline: · Casual surveillance and sightlines · Land use mix and activity generators · Definition of use and ownership · Lighting · Way finding · Predictable routes and entrapment locations		The proposed development does not create any adverse concealment or entrapment areas. Surveillance is provided from the building. In addition to the above, CCTV and lighting can be used to further protect the building and staff.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls		No major cut or fill proposed.	N/A
2.3.3.2	1m max. height retaining walls along road frontages		None proposed.	N/A
	Any retaining wall >1.0 in height to be certified by structural engineer		None proposed.	N/A
	Combination of retaining wall and front fence height		No front fence retaining wall combination proposed.	N/A
2.3.3.8 onwards	Removal of hollow bearing trees		No tree removal proposed or required.	Yes
2.6.3.1	Tree removal (3m or higher with 100m diameter trunk and 3m outside dwelling footprint		No tree removal proposed or required.	Yes
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater		Refer to main body of report.	Noted
2.5.3.2	New accesses not permitted from arterial or distributor roads. Existing accesses rationalised or removed where practical		No new access proposed from High Street/Oxley Highway.	Yes
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking.		Existing crossovers to be utilised.	Yes
2.5.3.3	Off-street parking in accordance with Table 2.5.1. Reduction possible if supported by parking demand study. Industrial/retail bulky goods require 1 space per 70m². Office 1 space per 30m² or 1.5 spaces per office (whichever is the greater).		The development proposes approximately 400m² industrial area (includes mezzanine areas) and 53m² showroom/retail bulky goods. 400 + 53 = 453/70m² = 6.5 spaces. The two office areas will require 3 spaces, although there is likely to be some crossover with the industrial area (ie the same staff occupy both areas). 6.5 + 3 = 9.5, rounded up to 10 spaces. The development contains area onsite capable of accommodating at least 8 unobstructed spaces, plus at least other stacked parking areas. Given the crossover in areas (ie a person working in the industrial component is also likely to be involved in use of the office and sales areas), maximum 4 employees and the past use of the site as a vehicle repair station (higher parking demand), no adverse parking issues are foreseen.	No, considered acceptable given only 4 employees, crossover use of office space with factory area and past vehicle repair station use
2.5.3.4	Changes of use or redevelopment of existing buildings provide parking required for new use, less any credits.		Refer to comments above.	Yes
2.5.3.5	On-street parking permitted subject to justification.		None proposed.	N/A
2.5.3.6	On-street parking includes streetscape improvements.		None proposed.	N/A
2.5.3.7	Customer parking to be easily accessible.		Customer parking visible from the street.	Yes
	Way finding signs provided for parking areas.		Not required. Site easy to interpret.	N/A
	Parking in accordance with AS 2890.1.		Capable of complying. To be conditioned.	Yes
2.5.3.8	Aged and disabled persons and persons wheeling prams or trolleys are provided with suitable access and parking in accordance with AS 2890.1 and AS 2890.2.		A disabled parking space is capable of being provided.	Yes
2.5.3.9	Bicycle and motorcycle parking considered and designed generally in accordance with the principles of AS 2890.3		Site contains sufficient room/areas capable of having bicycle and motorcycle parking.	Yes
2.5.3.10	Parking concessions possible for conservation of heritage items		Not relevant.	N/A
2.5.3.11	Section 94 contributions		Contributions do not apply – credit exists from past approved use.	N/A
2.5.3.12 and 2.5.3.13	Landscaping of parking areas		No change to parking areas proposed or required.	N/A
2.5.3.14	Sealed driveway surfaces unless justified		Driveways already sealed.	Yes
2.5.3.15	Driveway grades for first 6m of ‘parking area’ shall be 5% grade (Note AS/NZS 2890.1 permits steeper grades)		Driveways existing and deemed acceptable.	Yes
2.5.3.17	Parking areas to be designed to avoid concentrations of water runoff on the surface.		No change to parking areas proposed. Therefore, no change to stormwater.	N/A
	Vehicle washing facilities – grassed area etc available.		Not required for industrial use.	N/A
	No direct discharge to K&G or swale drain		No change to existing stormwater conditions will occur.	N/A
2.5.3.18	Car parking areas drained to swales, bio retention, rain gardens and infiltration areas		No change to parking areas proposed.	N/A
2.5.3.19	Off street commercial vehicles facilities are provided in accordance with AS/NZS 2890.2		Site includes suitable loading areas.	Yes
	Loading bays will be provided in accordance with the following requirements; · Minimum dimensions to be 3.5m wide x 6m long. (This may increase according to the size and type of vehicle). · Vertical clearance shall be a minimum of 5m. · Adequate provision shall be made on-site for the loading, unloading and manoeuvring of delivery vehicles in an area separate from any customer car parking area. · A limited number of ‘employee only’ car parking spaces may be combined with loading facilities. · Loading areas shall be designed to accommodate appropriate turning paths for the maximum design vehicle using the site. · Vehicles are to be capable of manoeuvring in and out of docks without causing conflict with other street or on-site traffic. · Vehicles are to stand wholly within the site during such operations.		Site contains a mixture of existing suitably sized covered and uncovered loading areas that are accessible without causing conflict on road users.	Yes
	For external bays, one bay is required for 500m² of floor space or 1000m² of site area.		Existing onsite loading areas to be utilised.	Yes
	Commercial development having a floor space less than 500m² need not provide a loading bay.		Not relevant.	N/A
	Other commercial development shall provide one loading bay for the first 1,000m² floor space and one additional bay for each additional 2,000m².		Not commercial.	N/A
	If parcel pickup facilities are provided on-site they shall be located so as to avoid conflict with general traffic flow within parking areas. Parcel pickup lanes shall be separate from through traffic lanes in major shopping developments.		Not provided.	N/A
2.5.3.20	The location and design of loading bays should integrate into the overall design of the building and car parking areas.		The existing loading areas are either located behind part of the front of the building, blend into the design or match surrounding buildings.	Yes
	Where visible from the public domain, loading bays are located behind the building.		Refer to above.	Yes
	Where loading bays are located close to a sensitive land use, adequate visual and acoustic screening is provided.		No change to existing loading areas proposed. Refer to comments on Noise and vibration later in this report for further context.	Yes
2.5.3.21	Manoeuvring requirements		Existing site manoeuvring conditions remain unchanged.	Yes

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

None relevant.

iv) any matters prescribed by the Regulations:

Fire Safety and other considerations

Pursuant to clause 93 of the Environmental Planning and Assessment Regulation 2000, the existing building shall be provided and upgraded with Category 1 Fire Safety Provisions as are applicable to the building’s proposed use.

A Building Code of Australia Fire Safety Report prepared by a suitably qualified person is to be submitted to the Principal Certifying Authority prior to issuing the first Construction Certificate. This report is to outline all recommendations and requirements to bring the building into compliance for Fire Resistance and Stability as per Part C1 of the Building Code of Australia.

The submitted plans for the first Construction Certificate are to indicate all necessary fire rated upgrading works and are to be clearly indicated on the plans.

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

Context and setting

The site has street frontage orientation to High Street/Oxley Highway to the south and Pead Street to the east.

Adjoining the site directly to the north and west are residential dwellings. Further north is additional residential land while further west reverts to industrial uses.

Adjoining the site to the east and south are other similar industrial uses.

Through the use of conditions, 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 development in the locality and adequately addresses planning controls for the area.

Access, transport and traffic

The proposal will be unlikely to have any adverse impacts in terms access, transport and traffic. The existing road network will satisfactorily cater for any increase in traffic generation as a result of the development.

Water Supply Connection

No changes proposed or required.

Sewer Connection

No changes proposed or required.

Stormwater

No changes proposed or required.

Other Utilities

No changes proposed or required.

Heritage

Refer to comments on heritage in the LEP 2011 section of this report.

Other land resources

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

Water cycle

Potential exists for sawdust and shavings to enter the stormwater system if:

- the proposed open work area were to be used for manufacturing/industrial activities;

- there were no proper controls in place, and

- the area wasn’t operated and/or tidied up immediately.

As a result, conditions will be imposed to restrict the type of work that can be carried out in the open work area to activities such as standard temporary storage (associated with deliveries) and parking. Any bins stored in the open work storage area will be conditioned to be covered.

Soils

The proposed development will be unlikely to have any adverse impacts on soils in terms of quality, erosion, stability and/or productivity.

Air and microclimate

The application was referred to Council’s Environmental Health Officer who advised the following:

There may be potential for sawdust and fumes from paints and adhesives etc to impact local air quality, particularly from the area shown on the plans as an ‘open work and parking area’. Dust extraction system(s) are proposed to be installed and used (refer to the SOEE) but obviously the system won’t work in the ‘open space area’.

Any extraction system requires regular and ongoing maintenance, and eventual replacement when necessary and the design, location and type needs to also consider noise emission.

Based on the above, the open work storage area will be restricted to activities such as standard temporary storage (associated with deliveries) and parking. Any bins stored in the open work storage area will be conditioned to be screened from the street and create no adverse odour.

Flora and fauna

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

Waste

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

Noise and vibration

The local area is a mixture of uses including light industry with the closest residence being immediately to the north.

The application seeks approval to operate seven (7) days per week.

A Noise Impact Assessment (NIA) was prepared by Matrix Thornton and stated the following proposed general work hours:

· 7am - 7pm Mon - Fri;

· 7am – 4pm Sat; and

· 9am – 4pm Sun.

While the NIA quoted the above hours, the assessment was done on the business operating 24/7. Based on all mechanical equipment being located within the building and two large roller doors being open for ventilation, the impact on the northern residence (A) was determined to be significant for all operational phases - Day, Evening, Shoulder and Night. The NIA makes various recommendations to limit the above noise impacts, including restricting noisy operations from 7am-6pm.

With the modifications made, the NIA indicates that appropriate noise levels can be achieved.

Based on the above, the recommendations of the noise report are proposed to form conditions of consent.

Bushfire

The site is identified as being bushfire prone. However, no residential or special use proposed. As a result, no further report or assessment required.

Safety, security and crime prevention

The proposed development does not create any adverse concealment or entrapment areas. Surveillance is provided from the building.

In addition to the above, CCTV and lighting can be used to further protect the building and staff.

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 industrial sector, 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.

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:

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

Submission Issue/Summary	Planning Comment/Response
The shed is not approved and has been gradually extended. Some conditions that were never complied with included: · Goods etc being stored within the property. · Sign erected to show visitor parking area. · The outside north area used for car parking only. · No panel beating type work. · Noise not to exceed 5dBA. · Voids in the western and northern wall not sealed. · No discharge to the sewer. · The air compressor relocated away from the northern and western wall.	There was an approval for a vehicle repair use for the site under DA1997/142. It is noted that compliance with all the conditions of that consent may not have been fully realised. Some of the issues raised and conditioned as part of that development application are proposed to be implemented as part of this assessment/consent (ie where relevant to this new use).
Noise impacts from equipment on adjoining residential. There is no wall sheeting or sound proofing. When the doors are open, the noise reverberates and rebounds off the adjoining shed across the road in Pead Street.	Refer to comments on Noise and vibration above in this report, which addresses noise impacts associated with the new use.
Adjoining residential will be impacted by fumes and odour. Impact on health and lifestyle.	Fume and odour issues are addressed in Air and microclimate section of this report. Conditions are proposed to cover use of the site to ensure no adverse disruption or health impacts. There is also unlikely to be any new disruption to that which can occur at present by the approved vehicle repair use.
Traffic impacts.	The new use is likely to generate less traffic to that of the approved vehicle repair station. No adverse impacts are foreseen.
Proposal should be located in an industrial area.	The proposed development is located within an industrial area and it is noted that there are other similar existing industrial uses in the area.
The open areas and doors could result in injuries to someone walking past.	There is no change proposed to these aspects of the site to that which can occur at present under the current vehicle repair use. This is also more a civil matter for the applicant/operator to manage and ensure there site is safe.
The development creates a visual impact.	No changes are proposed to the buildings onsite. Therefore, no new visual impact issues will be created.
Loading and unloading will be dangerous.	Area exists onsite and at the front of the property to allow suitable loading and unloading. This is unlikely to change from the current vehicle repair use.
Further residential development is proposed in the area.	Noted. No new residential development proposed next to the building. Building will remain screened from the new areas. Furthermore, refer to comments on Noise and vibration, which addresses noise impacts.
The hours of operation are not acceptable. Hours should be restricted to 8am-5pm Mon- Fri and 8am-12pm Sat	Hours of operation have been considered and will align with the Noise Impact Assessment recommendations.
The building is subject to an upgrade as per the Building Code of Australia and DA1997/142.	Noted. Conditions have been imposed to address this aspect.
The area will benefit from another business in the area. Brings people to the area. Healthy, mixed marketplace for Wauchope. Creates positive flow on impacts.	Noted.
The development will create employment.	Noted.
The development will help retain business in the area.	Noted.
Small businesses often get involved in the community (ie sponsorship).	Noted.
The development will not create any more noise than traffic on High Street/Oxley Highway, which comes to life from 4:30am each day with delivery trucks and commuters.	Noted.

(e) The Public Interest:

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

Development contributions do not apply. In particular, no residential component proposed, cost of works do not exceed $100,000 and credit exists from the vehicle repair use to cover the change of use.

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.

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. DA2018 - 479.1 Recommend Conditions

2 View. DA2018 - 479.1 Noise Impact Assessment

3 View. DA2018 - 479.1 Plans

4 View. DA2018 - 479.1 Signage

Member	26/09/18	24/10/18	14/11/18	28/11/18	05/12/18
Paul Drake	P	P	P	P	P
Robert Hussey	P	P	P	P	P
David Crofts (alternate member)
Dan Croft (Acting Director Development & Environment) Clinton Tink (Acting GM Development Assessment (alternates) - Director Development & Environment - Development Assessment Planner	P	P	P P	P	P

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