Agenda of Development Assessment Panel

AGENDA Development Assessment Panel 10/04/2019

Item: 05

Subject: DA2018 - 1063.1 Multi Dwelling Housing and Torrens Title Subdivision at Lot 6 DP 22220, No. 31 Chalmers Street, Port Macquarie

Report Author: Chris Gardiner

Applicant: N Killmurray

Owner: P & G Khalil

Estimated Cost: $480,000

Parcel no: 4067

Alignment with Delivery Program

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

RECOMMENDATION

That DA2018 – 1063.1 for Multi Dwelling Housing and Torrens Title Subdivision at Lot 6, DP 22220, No. 31 Chalmers Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for multi dwelling housing and Torrens title subdivision at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

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

1. BACKGROUND

Existing sites features and surrounding development

The site has an area of 782.6m².

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

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

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· Construction of two additional dwellings with frontage to Oden Street;

· 3 lot Torrens title subdivision;

Refer to attachments at the end of this report.

Application Chronology

· 11 December 2018 – Application lodged.

· 18 December 2018 to 14 January 2019 – Neighbour notification.

· 15 February 2019 – Additional information requested from Applicant.

· 4 March 2019 – Additional information submitted.

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

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

State Environmental Planning Policy No. 55 – Remediation of Land

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

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

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

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

A BASIX certificate has been submitted demonstrating that the proposal will comply with the requirements of the SEPP. It is recommended that a condition be imposed to ensure that the commitments are incorporated into the development and certified at Occupation Certificate stage.

Port Macquarie-Hastings Local Environmental Plan 2011

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

· Clause 2.2, the subject site is zoned R1 General Residential. In accordance with clause 2.3(1) and the R1 zone landuse table, the proposed development for multi dwelling housing is a permissible landuse with consent. Following the proposed subdivision the development would comprise a dwelling house and 2 semi-detached dwellings, which are also permissible in the zone.

The objectives of the R1 zone are as follows:

o To provide for the housing needs of the community.

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

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

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

o The proposal is a permissible landuse;

o The proposal would provide variety in housing type and density to meet the housing needs of the community.

· Clause 4.1A – The proposal involves subdivision into more than 2 lots and a dwelling or semi-detached dwelling on each lot. The minimum lot size of 450m² is therefore not applicable.

· Clause 4.3 - the maximum overall height of the building above ground level (existing) is 7.59m which complies with the standard height limit of 11.5m applying to the site.

· Clause 4.4 - the floor space ratio of the proposal is 0.58:1 which complies with the maximum 1:1 floor space ratio applying to the site.

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

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

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

No draft instruments apply to the site.

(iii) Any Development Control Plan in force:

Port Macquarie-Hastings Development Control Plan 2013

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

*DCP 2013: General Provisions*
	Requirements	Proposed	Complies
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline	No concealment or entrapment areas proposed. Adequate casual surveillance available.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	Cut and fill <1.0m change 1m outside the perimeter of the external building walls	Yes
2.3.3.2	1m max. height retaining walls along road frontage	None proposed	N/A
	Any retaining wall >1.0 in height to be certified by structure engineer	Condition recommended to require engineering certification	Yes
	Combination of retaining wall and front fence height max 1.8m, max length 6.0m or 30% of frontage, fence component 25% transparent, and splay at corners and adjacent to driveway	The retaining wall between the two driveways will project 1m above the Dwelling 2 driveway level and will essentially form a front fence in this location. The combined height of the retaining wall and fence would be 1.95m at its highest, reducing to 1.7m at the southern end of the fence. The fence is setback 1m from the front boundary and is limited to the location between the driveways, where it acts as a safety barrier. The proposal would not significantly impact on the streetscape and is considered to be consistent with the objectives of the control.	No, but acceptable
2.3.3.8	Removal of hollow bearing trees	No trees proposed to be removed.	N/A
2.6.3.1	Tree removal (3m or higher with 100m diameter trunk at 1m above ground level and 3m from external wall of existing dwelling)	No trees proposed to be removed.	N/A
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater	Refer to main body of report.
2.5.3.2	New accesses not permitted from arterial or distributor roads	No new access proposed to arterial or distributor road.	N/A
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking	Driveway crossings are minimal in width including maximising street parking.	Yes
2.5.3.3	Parking in accordance with Table 2.5.1. Dwelling/dual occupancies 1 space per dwelling/occupancy (behind building line). Multi dwelling 1 space per 1 & 2 bedroom occupancies 1.5 spaces per 3+ bedroom occupancies 0.25 spaces per occupancy for visitor parking.	The proposal would result in 3 dwellings on Torrens title lots, and each dwelling requires a single parking space. The existing dwelling and both proposed dwellings include a single garage, with additional stacked parking available in the driveways.	Yes
2.5.3.11	Section 94 contributions	Contributions apply - refer to ET calc and NOP.	Yes
2.5.3.12 and 2.5.3.13	Landscaping of parking areas	Suitable landscaping proposed around driveway/parking locations.	Yes
2.5.3.14	Sealed driveway surfaces unless justified	Sealed driveway areas proposed.	Yes
2.5.3.15 and 2.5.3.16	Driveway grades first 6m or ‘parking area’ shall be 5% grade with transitions of 2m length	Driveway grades capable of satisfying Council standard driveway crossover requirements. Condition recommended for section 138 Roads Act permit	Yes
2.5.3.17	Parking areas to be designed to avoid concentrations of water runoff on the surface.	Stormwater drainage is capable of being managed as part of plumbing construction.	Yes

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

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

Cumulatively, the variations do not amount to an adverse impact or a significance that would justify refusal of the application.

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

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

iv) any matters prescribed by the Regulations:

No matters prescribed by the regulations are applicable to the proposal.

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

Context and setting

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

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

· There are no adverse impacts on existing view sharing.

· There are no adverse privacy impacts.

· There are no adverse overshadowing impacts. The proposal would not adversely overshadow adjoining private open space or primary living areas for more than 3 hours between 9am and 3pm on 21 June.

Roads

The site has road frontage to Chalmers Street and Oden Street.

Adjacent to the site, both streets are sealed public roads under the care and control of Council.

Traffic and Transport

The addition in traffic associated with the development is unlikely to have any adverse impacts to the existing road network within the immediate locality.

Site Frontage & Access

Vehicle access to the site is proposed through individual driveways with direct frontage to Oden Street. An additional two driveways are proposed to the new dwellings and the existing access is to be retained to the existing dwelling. Access shall comply with Council AUSPEC and Australian Standards, and conditions have been imposed to reflect these requirements.

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

· Concrete footpath paving along the full frontage;

· Construction of a concrete footpath crossing to the existing dwelling on proposed Lot 3 in accordance with ASD201 and ASD207.

Parking and Manoeuvring

A total of 3 parking spaces have been provided on-site within garages with additional parking available within each of the driveways. Parking and driveway widths on site can comply with relevant Australian Standards (AS 2890) and conditions have been imposed to reflect these requirements.

Water Supply Connection

Council records indicate that the development site an existing 20mm sealed water service. Each proposed lot requires an individual metered water service. Engineering plans are to be submitted to the Water and Sewer Section for approval.

Final water service sizing will need to be determined by a hydraulic consultant to suit the development as well as addressing fire service coverage to AS 2419 and backflow protection.

Detailed plans will be required to be submitted for assessment with the Section 68 application.

Refer to relevant conditions of consent.

Sewer Connection

Council records indicate that the development site currently has one existing connections to sewer. Each proposed lot requires an individual connection to sewer.

Engineering plans are to be submitted to the Water and Sewer Section for approval.

Detailed plans will be required to be submitted for assessment with the S.68 application.

Refer to relevant conditions of consent.

Stormwater

The site naturally grades towards the western side of the site and is capable of drainage to either the street or the interallotment drainage easement in the north-west corner of the site.

A detailed site stormwater management plan will be required to be submitted for assessment with the Section 68 application and prior to the issue of a Construction Certificate. In accordance with Council’s AUSPEC requirements, the following must be incorporated into the stormwater drainage plan:

a) The legal point of discharge for the proposed development is defined as either:

i. Interallotment drainage which will require CCTV evidence of the integrity of the existing piped system, or

ii. Council’s piped drainage system, which will require an extension by an appropriately sized pipeline (minimum 375mm diameter) to the frontage of the site, where a kerb inlet pit (minimum 2.4m lintel) must be installed, to allow direct piped connection from the development site into the public drainage system. The pipeline must be designed to have the capacity to convey flows that would be collected at that section of street as generated by a 20 year Average Recurrence Interval storm event.

b) All allotments must be provided with a direct point of connection to the piped drainage system. Kerb outlets are not permitted.

c) The design requires the provision of interallotment drainage in accordance with AUSPEC D5

d) The design shall incorporate on-site stormwater detention facilities to limit site stormwater discharge to pre development flow rates for all storm events up to and including the 100 year ARI event. Note that pre development discharge shall be calculated assuming that the site is a ‘greenfield’ development site as per AUSPEC requirements.

Refer to relevant conditions of consent.

Other Utilities

Telecommunication and electricity services are available to the site. Evidence of satisfactory arrangements with the relevant utility authorities for provision to each proposed lot will be required prior to 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 not require any removal/clearing of any native vegetation and therefore does not trigger the biodiversity offsets scheme. Part 7 of the Biodiversity Conservation Act 2016 is considered to be satisfied.

Waste

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

Energy

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

Noise and vibration

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

Bushfire

The site is not identified as being bushfire prone.

Safety, security and crime prevention

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

Social impacts in the locality

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

Economic impact in the locality

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

Site design and internal design

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

Construction

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

Cumulative impacts

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

(c) The suitability of the site for the development:

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

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

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

One written submission has been received following public exhibition of the application.

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

Submission Issue/Summary	Planning Comment/Response
Loss of solar access to private open space of neighbouring property at 2 Kanangra Cove.	Having regard to the orientation of the land on the proposed dwellings, the development would not significantly overshadow the adjoining private open space area of the residence at 2 Kanangra Cove for more than 3 hours on 21 June. The proposal is consistent with the DCP provisions relating to side setbacks and solar access.
Loss of natural light and ventilation to neighbouring property at 2 Kanangra Cove.	The proposal is consistent with the applicable building height and setback controls, which are aimed at maintaining adequate light and ventilation between properties. The impact is therefore considered acceptable in an urban context.
Overbearing feel of western wall of proposed Dwelling #1 on sunken private open space of neighbouring property at 2 Kanangra Cove.	The proposal is consistent with the applicable building height and setback controls and the length of the wall does not require further articulation in accordance with the DCP requirements. The impact is therefore considered acceptable in an urban context.

(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 the recommended conditions of consent provided in the attachment section of this report.

Attachments

1 View. DA2018 - 1063.1 Recommended Conditions

2 View. DA2018 - 1063.1 Contributions Estimate

3 View. DA2018 - 1063.1 Plans

AGENDA Development Assessment Panel 10/04/2019

Item: 06

Subject: DA2017 - 1059.1 Staged Residential Subdivision (138 Lots) at Lot 2 DP 504042, Lot 2 DP 594388, and Lot 5 DP 24500, No. 131, 139, & 167 Ocean Drive, Kew

Report Author: Chris Gardiner

Applicant: King & Campbell Pty Ltd

Owner: R D & M L Tate, C M Curtis & D P Middlemiss & S L Rowbottom & K J Middlemiss, T M & A & J M & L M Moses & J Abade

Estimated Cost: $3,450,000

Parcel no: 15028, 15025, 15026

Alignment with Delivery Program

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

RECOMMENDATION

That DA2017 – 1059.1 for a Staged Residential Subdivision (138 Lots) at Lot 2 DP 504042, Lot 2 DP 594388, and Lot 5 DP 24500, No. 131, 139, & 167 Ocean Drive, Kew, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a staged residential subdivision (138 lots) at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

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

1. BACKGROUND

Existing sites features and surrounding development

The site has an area of 31.373 hectares.

The site is zoned R1 General Residential, E3 Environmental Management, and E2 Environmental Conservation in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

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

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposal include the following:

· Subdivision of Lot 2 DP 594388 into 138 residential lots and one environmental lot (to be dedicated to Council) over 11 stages;

· Demolition of existing buildings and structures;

· Construction of a link road over Lot 2 DP 504042 and Lot 5 DP 24500 connecting the northern part of the development to Lake Ridge Drive;

Refer to attachments at the end of this report.

Application Chronology

· 24 November 2017 – Application lodged.

· 11 December 2017 to 12 January 2018 – Neighbour notification.

· 7 December 2017 – Amended Vegetation Management Plan submitted.

· 13 December 2017 – Additional information requested.

· 19 December 2017 – Amended Ecological Assessment submitted.

· 27 February 2018 – Bushfire Safety Authority issued by NSW Rural Fire Service.

· 9 March 2018 – Further additional information requested.

· 28 March 2018 – Comments received from NSW Roads and Maritime Services.

· 17 April 2018 – Contamination assessment submitted.

· 18 May 2018 – Traffic assessment submitted.

· 25 May 2018 – Satisfactory arrangements for State Infrastructure Contributions confirmed.

· 20 June 2018 – Amended Bushfire Safety Authority issued by NSW Rural Fire Service.

· 5 July 2018 – Advice received from NSW Crown Lands.

· 22 August 2018 – Application put on hold pending the outcome of the vegetation clearing application (DA2017 – 394.1) on adjoining land.

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) any Environmental Planning Instrument:

State Environmental Planning Policy No. 44 - Koala Habitat Protection

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

The Applicant has submitted an ecological assessment prepared by FloraFauna Consulting and dated 15 December 2017. The report includes consideration of SEPP 44.

FloraFauna Consulting determined that Tallowwood and Swamp Mahogany were present on the site and constituted more than 15% of the remnant vegetation. The land is therefore potential koala habitat.

A Koala survey found no evidence of Koala activity within the study area, therefore it is not considered to be Core Koala Habitat for the purposes of SEPP 44. The findings of the report are consistent with earlier studies carried out at the time of the rezoning.

State Environmental Planning Policy No. 55 – Remediation of Land

The Applicant has submitted a Stage 1 Site Contamination Assessment prepared by Regional Geotechnical Solutions. The assessment identified five areas of environmental concern which required further investigation and sampling, as detailed below:

· Soils in vicinity of sheds/pump shed/dwelling – potential spillage of chemicals and fuels, and potential asbestos containing building products;

· Gravel hardstands – Leakage of fuels/oils from parked vehicles;

· Plant rows - Potential spillage of herbicide/pesticide;

· Dams – Embankment fill of unknown origin;

· Waste piles - Runoff from miscellaneous waste including timber and fibre cement sheeting.

Based on the results of the sampling, the report makes the following recommendations:

· Considering the age of some of the buildings present on site there is the potential for asbestos type building materials to have been used in their construction. Prior to site demolition works a hazardous material inspection of the buildings should therefore be undertaken to determine if hazardous materials including asbestos are present;

· Containers of various chemicals present on site should be disposed of in accordance with Council and EPA requirements prior to demolition works;

· Two piles of mixed waste are present and should be disposed of in accordance with Council and EPA requirements. Fibre cement sheeting was observed in the northern pile, however, testing revealed it did not contain asbestos;

· Should any fill material require removal off-site, it will require assessment for a Resource Recovery Exemption under Part 9, Clauses 91 and 92 of the Protection of the Environment Operations (Waste) Regulation 2014 in accordance with the Resource Recovery Order under Part 9, Clause 93 of the Protection of the Environment Operations (Waste) Regulation 2014 – the Excavated Natural Material (ENM) Order 2014 ;and

· Hydrocarbon concentrations which exceed the adopted residential landuse health screening guideline criteria were present in the clay soils near the pump shed (TP6) and localised remediation will be required. A brief Remedial Action Plan (RAP) will therefore need to be developed for the site. The RAP will outline the methodology required for necessary remedial works comprising the localised removal of soils effected by hydrocarbon contaminants. The NSW OEH (2011) Guidelines for Consultants Reporting on Contaminated Sites provides requirements that are to be considered in the preparation of RAPs.

The report concludes that based on the results obtained in this investigation the site is considered suitable for the proposed residential land use with regard to the presence of soil contamination provided the recommendations and advice of this report are adopted, and demolition and site preparation works are conducted in accordance with appropriate site management protocols and legislative requirements.

Appropriate conditions are recommended to ensure that appropriate remediation and validation of the site is completed in accordance with the report.

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 (Infrastructure) 2007

Clause 101 – The site has frontage to a classified road (Ocean Drive). The subdivision provides a single road access to Ocean Drive, with individual lots having access to the subdivision road network. The traffic impacts and design of the intersection of Road 1 with Ocean Drive are discussed in detail later in this report.

The development is of a type that is sensitive to road traffic noise, and the proposal includes a landscaped mound and acoustic barrier along the Ocean Drive frontage. Potential noise impacts are discussed in more detail under Noise and Vibration later in this report.

Clause 104 – The proposal is traffic generating development, being a subdivision that would create 50 or more allotments with access to a classified road. The application has been referred to the RMS for comment, and a response letter was received on 28 March 2018. The RMS comments are addressed in detail later in this report.

State Environmental Planning Policy (Coastal Management) 2018

In accordance with Clause 21(1) the former planning provisions continue to apply (and this Policy does not apply) to a development application lodged, but not finally determined, immediately before the commencement of this Policy in relation to land to which this Policy applies.

Under the former planning provisions, none of the subject site was mapped as coastal wetland, Littoral rainforest, coastal zone, or sensitive coastal location.

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, E3 Environmental Management, and E2 Environmental Conservation.

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 E3 zone are as follows:

o To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

o To provide for a limited range of development that does not have an adverse effect on those values.

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 having regard to the following:

o The proposal would provide lots suitable for a range of dwelling types and densities.

o The development would contribute to meeting the housing needs of the community.

o The environmental lands will be established, dedicated, and managed for a period of 20 years consistent with the Area 15 Planning Agreement.

o The application does not propose any works in the E2/E3 zoned land, which would ensure that its ecological values are preserved.

· Clause 2.7 - the demolition requires consent as it does not fit within the provisions of SEPP (Exempt and Complying Development Codes) 2008.

· Clause 4.1 - the lot sizes within the proposed subdivision range from 450m² to 990.4m². All proposed lots comply with the minimum lot sizes identified in the Lot Size Map relating to the site.

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

· Clause 6.1- A Satisfactory Arrangements Certificate for designated State public infrastructure for urban release areas has been issued by the NSW Department of Planning and Environment.

· Clause 6.2 - satisfactory arrangements are in place for provision of essential public utility infrastructure including stormwater, water and on-site sewage management/sewer infrastructure to service the development within an urban release area.

· Clause 6.3 – The Area 15 Camden Haven provisions in DCP 2011 apply to development in the urban release area. See comments under DCP section.

· Clause 7.1 - the site is mapped as potentially containing class 5 acid sulphate soils within the environmental land. The proposed development does not include any works in this part of the site and therefore no adverse impacts are expected to occur to the acid sulphate soils found on site.

· Clause 7.2 - in relation to the earthworks proposed:

o the works will not lead to any adverse impact upon existing drainage patterns, soil stability of the site or adjoining/adjacent sites, any nearby water course or known environmental sensitive area within the immediate locality;

o the works will be unlikely to adversely affect potential additional future land uses on the site;

o the existing soil quality and structure will not present a constraint to the construction of the proposal on the site;

o no fill is identified to be imported to the site to construct the development;

o the likely change in levels associated with the proposed development will not have an adverse effect on the amenity of adjoining/adjacent properties to the site;

o the site does not contain any known items of aboriginal or other cultural significance;

o appropriate conditions of consent are proposed to manage the impact of the works.

· Clause 7.3 - the site is land within a mapped “flood planning area” (land subject to flood discharge of 1:100 annual recurrence interval flood event, plus the applicable climate change allowance and relevant freeboard). In this regard the following comments are provided which incorporate consideration of the objectives of Clause 7.3, Council’s Flood Policy 2015, the NSW Government’s Flood Prone Lands Policy and the NSW Government’s Floodplain Development Manual (2005):

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

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

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

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

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

o The proposal includes filling of part of the site consistent with the Worley Parsons Floodplain Encroachment Assessment.

o Conditions have been recommended to ensure appropriate minimum finished levels are achieved for lots and roads in the subdivision.

· Clause 7.9 – A Traffic Noise Study (2009) was prepared by Renzo Tonin & Associates as part of the rezoning for the area. The assessment provided a number of options that could achieve acceptable noise levels for future residential development in the area. The assessment determined that a noise barrier/mound 5m high would be necessary to eliminate road noise impacts. It was acknowledged that a barrier of this height would be unlikely to be supported and a 1m high mound with 2m high barrier (combined height 3m) was the highest barrier likely to be suitable for the area.

The assessment modelled the 2029 traffic noise with a 3m high acoustic barrier and determined that the areas shown red in the below figure would still be non-compliant with the applicable noise criteria.

The assessment determined that there would likely be further noise reduction in the future with reduction of the speed limit to 60km/h and reconstruction of Ocean Drive with a low noise pavement. With these additional mitigation measures, compliant noise levels would be achieved at the site without any construction requirements.

However, the current speed limit remains 70km/h in the site frontage and Ocean Drive is not expected to be upgraded to a low noise pavement prior to the construction of dwellings in the proposed subdivision. A condition is therefore recommended requiring the Section 88B to include a restriction for future dwellings on all lots fronting Ocean Drive (Lots 1 and 19 – 27) to have Category 2 construction.

While the traffic noise assessment was prepared in 2009, recent traffic counts in Ocean Drive west of the site in 2016 (8000vpd) indicate that there has not been a significant increase in traffic volumes in Ocean Drive since 2009. The modelled increase in traffic in the 2009 report is therefore likely to still be appropriate.

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

No draft instruments apply to the site.

(iii) any Development Control Plan in force:

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: Chapter 3.6 - Subdivision*
DCP Objective	Development Provisions	Proposed	Complies
3.6.3.1	A site analysis is required for all development and shall illustrate: · microclimate; · lot dimensions; · north point; · existing contours and levels to AHD; · flood affected areas; · overland flow patterns, drainage and services; · any contaminated soils or filled areas, or areas of unstable land; · easements and/or connections for drainage and utility services; · identification of any existing trees and other significant vegetation; · any existing buildings and other structures, including their setback distances; · heritage and archaeological features; · fences; · existing and proposed road network, including connectivity and access for all adjoining land parcels; · pedestrian and vehicle access; · views to and from the site; · overshadowing by neighbouring structures; and · any other notable features or characteristics of the site.	Satisfactory site analysis provided.	Yes
3.6.3.2	Torrens title lots minimum width of 15m when measured at a distance of 5.5m from front property boundary.	All lots except Lot 19, 27, and 61 comply with this requirement. Lots 19 and 27 are battleaxe lots and are addressed under 3.6.3.3 below. Lot 61 has a width of 14.98m and the minor variation would not affect the potential for a future dwelling to be constructed on the lot.	No, but acceptable
	Minimum width of 7m when boundaries are extended to kerb line.	All lots comply with this requirement, except the frontage of Lot 52 to Road 03. Lot 52 has an alternative access to Road 07, and a condition is recommended restricting access to Road 03. This would achieve the objective of the control.	No, but acceptable
	Minimum depth of 25m.	All lots have sufficient depth.	Yes
	For lots where average slope of the site is equal to, or exceeds 16%, indicative road and driveway grades are required demonstrating satisfactory access.	The site does not include any lots with an average slope exceeding 16%.	n/a
3.6.3.3	Battleaxe lots discouraged in greenfield development. 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.	Lots 19 and 27 are battleaxe lots. The lots comprise a small proportion of the overall number of lots in the development and are a response to the constraint of existing Lot 1 DP 594388 and the road layout. Both lots have a road frontage in excess of 9m and the length of the access handle is relatively short. The lots have sufficient frontage to provide for future driveways and garbage collection. Proposed Lots 26 and 27 could potentially be reconfigured to compliant wedge-shaped lots, but this would not result in any better outcome in terms of site frontage and future building envelopes.	No, but acceptable
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.	Lots would allow construction of future dwellings with less than 1m of cut or fill.	Yes
	Lot sizes increased for sloping sites in accordance with Table 3.6.1.	No lots proposed with slope exceeding 10%. Lot sizes appropriate.	Yes
	Additional information provided for slope categories in accordance with Table 3.6.2.	Details of proposed filling provided with the application.	Yes
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.	Street lot layout acceptable.	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 layout would provide opportunity for construction of future energy efficient dwelling construction.	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)	Conditions recommended requiring construction of roads, footpath and drainage in accordance with AUSPEC requirements.	Yes
3.6.3.7	Subdivisions close to urban centres or along arterial roads serviced by public transport achieve yield of >35 dwellings per hectare.	n/a	n/a
3.6.3.20	Water supply to meet Council’s design specifications.	See comments under water supply connection.	Yes
3.6.3.21	All lots connected to reclaimed water if available.	See comments under water supply connection.	Yes
3.6.3.24	Separate sewer junction provided for each lot.	See comments under sewer connection.	Yes
3.6.3.27	Erosion and sediment control plan to be provided.	Condition recommended requiring erosion and sediment control plan prior to the issue of a Construction Certificate	Yes
3.6.3.34	All service infrastructure should be underground unless otherwise approved by Council.	Condition recommended requiring certification of satisfactory arrangements from electricity and telecommunications authorities.	Yes
	All service infrastructure should be installed in a common trench.
	Conduits for the main technology network system should be provided in all streets.
	Conduits are to be installed in accordance with the National Broadband Network Company Limited’s ‘Guidelines for Fibre to the Premises Underground Deployment’.
	Access pits are to be installed at appropriate intervals along all streets.
3.6.3.51	Street trees should be provided along all road frontages generally at a rate of 1 per 20m interval.	Street tree planting shown on submitted plans. Conditions recommended confirming that street trees are to meet Council requirements.	Yes
3.6.3.51	Street trees should not affect solar access.
3.6.3.52	Street trees from Council’s list.

*DCP 2013: General Provisions*
DCP Objective	Development Provisions	Proposed	Complies
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline: · Casual surveillance and sightlines · Land use mix and activity generators · Definition of use and ownership · Lighting · Way finding · Predictable routes and entrapment locations	The proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area. The subdivision layout would provide for casual surveillance of new streets. Street lighting would be provided throughout the subdivision.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	The proposal includes up to approximately 2m of fill adjacent to the environmental lands. The filling is necessary to achieve minimum flood levels and is consistent with the extent of permissible filling identified in the Worley Parsons Floodplain Encroachment Assessment.	No, but acceptable
2.3.3.2	1m max. height retaining walls along road frontages	None proposed.	n/a
2.3.3.2	Any retaining wall >1.0 in height to be certified by structural engineer	None proposed.	n/a
2.3.3.8 onwards	Removal of hollow bearing trees	29 hollow bearing trees (HBT) were identified within the study area, the majority of which are located within the Crown road reserve along the eastern and northern boundaries of the site. Six (6) HBTs are proposed to be removed for the development and have been scored using Council’s HBT assessment protocol. Five of these trees scored less than 12 and can be removed subject to appropriate mitigation measures including identification of 9 recruitment trees and implementation of a nest box strategy. The other tree scored 13 on the HBT assessment protocol and the DCP requires retention within the landscape. The author of the ecological assessment has recommended that removal of the tree could be supported on the following basis: “However, this tree contained just a single hollow within a termitarium and scored highly due to its size, proximity and longevity criteria. There is some uncertainty around termitarium persisting in the long term once they become inactive and subsequently hollow through the actions of fauna. Given that the HBT assessment score of 13 is only marginally above the minimum score for mandatory retention, it is considered reasonable to permit the removal of this tree subject to appropriate mitigation measures, including identifying two (2) recruitment trees and provision of a suitable nest box within the site.” Council’s Environmental Services staff have reviewed the proposal and agreed that removal and offsetting of this tree is acceptable. The commitments regarding recruitment trees and nest box strategy are confirmed through the approved Vegetation Management Plan and the recommended conditions.	No, but acceptable
2.6.3.1	Tree removal (3m or higher with 100mm diameter trunk and 3m outside dwelling footprint	The proposal includes removal of all existing trees within the R1 zoned land and includes removal of 64 primary koala food trees. It is recommended in the ecological assessment that compensatory plantings at a ratio of 2:1 be provided within the E2/E3 zoned land. The offsetting commitments are confirmed through the approved Vegetation Management Plan and the recommended conditions.	Yes
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater	Refer to main body of report.
2.5.3.2	New accesses not permitted from arterial or distributor roads. Existing accesses rationalised or removed where practical	None of the proposed lots within the subdivision would have access to Ocean Drive, and a condition is recommended confirming this requirement. The existing Crown road intersection with Ocean Drive is proposed to be rationalised and upgraded to a standard that is suitable for traffic generated by the development.	Yes
2.5.3.11	Section 94 contributions	Refer to main body of report.

*DCP 2011: Area 15 Camden Haven*
DCP Objective	Development Provisions	Proposed	Complies
OB1	DP1.1 The required VMP to be submitted with the DA at the subdivision stage (or land development stage if subdivision is not proposed) is to be consistent with the measures shown in Figure 77 and Table 1. The VMP is to be specify: · Full revegetation of E3 zone buffers to EEC areas, · progressive dedication of environmental land and linked to proportionate stages of the development, · the maintenance regime prior to and following dedication; and · the process for certifying completion of works at critical stages of the process. Development applications for the first stage of development on any land is to include a specific site survey to identify and accurately locate all (proposed to be retained and proposed to be removed) hollow bearing trees on the land. The number and size of hollows is to be recorded for each tree. Where development in Zone R1 or IN2 requires the removal of hollow bearing trees, an assessment of the impact is to be submitted with the development application, including the identification of ameliorative measures and guidelines for the management of the process of removal during the construction phase. Ameliorative measures are to include the provision of appropriate size and number of artificial nesting boxes within the E2 zone. Nest boxes are to be erected prior to release of the first subdivision construction certificate to maximise the potential of uptake prior to removal of hollow bearing trees.	A Vegetation Management Plan (VMP) has been submitted with the application addressing these matters. The VMP has been approved by Council’s Environmental Services staff. The submitted ecological assessment includes a survey of all hollow bearing trees within the R1 zoned land that would be impacted by the proposal. An assessment of the trees in accordance with Council’s HBT assessment protocol has been carried out and is discussed earlier under 2.3.3.8 of DCP 2013.	Yes
OB2	DP2.1 The Stormwater Management Strategy must demonstrate achievement of the water quality targets for discharge to Queens Lake identified in the Area 15 Stormwater Management Plan (Worley Parsons, May 2010) and be designed in accordance with that plan, as generally shown in Figure 78. The strategy shall incorporate water sensitive urban design (WSUD) features in the treatment train including: · Source control via rain gardens and permeable pavements, · Conveyance treatment via vegetated swales and bioretention trenches, and · End of line treatment via gross pollutant traps and bioretention systems. · • Stormwater treatment devices shall not be located within the revegetated E3 buffer to EEC areas.	See comments later in this report under Stormwater.
OB3	DP3.1 Perimeter roads are to be provided in accordance with Figure 79. Perimeter roads are to be located outside of Zones E2 and E3. Road layout is to provide evacuation routes in major bushfire events. Subdivision proposals that rely on access through Lakeridge Drive is to be assessed for safe evacuation routes. Figure 79 provides an indication of vegetated areas to be managed for this purpose. The first application for subdivision or major residential development is to include an Emergency Evacuation Report prepared in consultation with the Emergency Planning Committee.	Perimeter roads provided in accordance with Figure 79. The application included a bushfire assessment that has been considered by the NSW Rural Fire Service and a Bushfire Safety Authority issued. No specific emergency evacuation requirements were identified in the assessment.	Yes
OB4	DP4.1 Development areas are to be filled to post development flood levels (including climate change scenario) identified in the Floodplain Encroachment Assessment (Worley Parsons, June 2009 and Supplementary Report May 2011). The Flood Planning Level is set at the PMF level north of the main flood corridor through the site, to avoid the need for flood evacuation in rare events. Development design is to cater for overland flow paths shown in Figure 80. Prior to the first development for subdivision or major residential development proceeding a Flood Evacuation Report is to be adopted by the Emergency Planning Committee.	Proposed filling is consistent with the Floodplain Encroachment Assessment (Worley Parsons, June 2009 and Supplementary Report May 2011). Conditions are recommended confirming minimum site levels for new lots. Lots north of the main flood corridor will need to be filled to the PMF level.	Yes
OB5	DP5.1 Acid sulphate soil assessment is to be undertaken in accordance with the provisions of the LEP. Proposed excavations in Terrain Unit C and adjoining areas are to be assessed for potential impacts on groundwater and ensure reactive and sodic soils are managed during, and post, development phases.	See comments under Clause 7.1 of the LEP regarding acid sulphate soils. No excavation is expected to be required in Terrain Unit C as it is largely within the environmental land. The small areas on the fringe of the R1 land would be filled in accordance with the Floodplain Encroachment Assessment (Worley Parsons, June 2009 and Supplementary Report May 2011).	Yes
OB6	DP6.1 A site contamination assessment report is to be prepared and submitted with the first application for development of Lot 2 DP 594388. Soil testing is to target potential contaminants and locations identified in the report Preliminary Site Investigation for Lots 1 & 2 DP 594388 by King and Campbell October 2009. Any required remediation is to be undertaken in accordance with DECCW requirements prior to development of the land.	A Stage 1 Site Contamination Assessment prepared by Regional Geotechnical Solutions has been submitted with the application. See comments earlier under SEPP 55.	Yes
OB7	DP7.1 Development applications for subdivision or major development on Lot 11 DP 585667, Lot 1 DP 1090424 and Lot 5 DP 602511 are to be accompanied by a site specific Aboriginal archaeological assessment.	n/a	n/a
OB8	DP8.1 The subdivision design is to reflect the road hierarchy shown in Figure 84.	Collector roads provided generally in accordance with Figure 84.	Yes
	DP8.2 Timing of the upgrade of the Lake Ridge Drive and the Mountainview Road Intersections is to be in accordance with the Area 15 Planning Agreement.	Not applicable. The proposal would not create the 380^th lot in the Lake Ridge Drive or Mountainview Road upgrade area.	n/a
	DP8.3 The Crown road access from Ocean Drive may be retained as a left in/left out intersection serving the corner allotment until the site redevelops for residential purposes.	Proposal seeks to provide road access at the intersection of Ocean Drive and the Crown road. This is inconsistent with Figure 84, which identifies that the existing intersection is to be closed. The objective of the control is to ensure adequate access and connectivity is provided to the future community of Area 15. The Applicant has provided appropriate traffic assessment to allow consideration of the likely impact of allowing the intersection to remain open as an additional access point to Area 15. The assessment demonstrates that the intersection can be made suitable for the anticipated traffic volumes, as discussed in more detail under Traffic and Transport later in this report.	No, but acceptable
OB9	DP9.1 Local parks are to be provided in the locations shown in Figure 85 and linked to the cycleway and pedestrian network.	No local parks required on subject site.	Yes
	DP9.2 The south western park is to have a minimum area of 4,000m2 and the north eastern park a minimum area of 1,500m2.	n/a	n/a
	DP9.3 Pedestrian and cycleways are to be linked to a signalised intersection on the Ocean Drive/ Lakeridge and to Camden Haven High School, and identified regional cycling routes.	The pedestrian/cycle shareway along Road 07 would ultimately connect (via Lake Ridge Drive) to the signalised intersection and high school. Additionally a pedestrian footpath will be required for the full site frontage to Ocean Drive, with an appropriate crossing at the intersection to connect with the shareway on the southern side of Ocean Drive.	Yes
	DP9.4 Roads to be designed to cater for the bus routes shown in Figure 85.	Capable of complying. Condition recommended confirming the construction standards for the north and south collector roads.	Yes
OB10	DP10.1 Development applications for subdivision or major residential proposals are to: · provide mounding, acoustic barriers and landscaping of Ocean Drive frontage generally as indicated in Figure 86, · provide internal access arrangements for properties with frontage to Ocean Drive.	Mounding and acoustic barriers consistent with Figure 86 proposed. All lots with frontage to Ocean Drive have access from the internal road network.	Yes
OB10	DP10.2 Subdivision of land adjoining the existing nursery and landscape supply businesses shall incorporate adequate separation and screening of the nursery from future dwellings.	The subject site is the current nursery. The existing nursery use would cease with the commencement of the subdivision, and a condition is recommended confirming this requirement. The landscape supplies business on the eastern side of the Crown road has existing fencing and landscaping across the road frontage. The access driveway is located opposite the existing dwelling on Lot 1 DP 594388. Proposed Lots 2, 3, and 4 would be buffered from impacts by the landscaping, fencing, and separation distance. There is no history of significant complaints about the operation of the landscape supplies business from existing nearby residents.	Yes
OB11	DP11.1 All new residential areas are to make provision for fibre optic cable to be installed, to promote the establishment of home based businesses.	Condition recommended confirming telecommunications services are to be provided to the satisfaction of the relevant authority.	Yes
OB11	DP11.2 Development in the neighbourhood business zone is to incorporate opportunities for a range of small business, office and commercial premises.	n/a	n/a
OB12	DP12.1 Development applications for subdivision or major residential development are to consider the timing and staging of infrastructure provision including: · Demonstration that water and sewerage reticulation is able to be provided having regard to the existing water mains and the Area 15 Sewer Servicing Strategy, · Forward funding of any infrastructure headworks ahead of Council’s program of works.	See comments later in this report under Water and Sewer sections.
OB13	DP13.1 Development shall be designed to ensure the dual reticulation of water supply.	Water supply strategy includes dual reticulation.	Yes

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

Cumulatively, the variations do not amount to an adverse impact or a significance that would justify refusal of the application.

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

The Area 15 Planning Agreement (Tate) applies to the subject site. The agreement relates to the provision of land and construction of the Link Road, Environmental Management Land, Bushfire Management Land, water supply and sewerage services and development contributions.

The proposal is consistent with the Planning Agreement and a condition is recommended requiring the developer to comply with the agreement.

A further specific condition is recommended requiring the establishment and dedication of the Bushfire Management Land in accordance with the agreement prior to the issue of a Subdivision Certificate for Stage 10 of the development, being the first stage that requires access via Lake Ridge Drive.

iv) any matters prescribed by the Regulations:

Demolition of buildings AS 2601 – Clause 92

Demolition of the existing buildings on the site is capable of compliance with this Australian Standard and is recommended to be conditioned. Buildings will need to be demolished prior to the issue of the Subdivision Certificate for the relevant stages of the development and conditions have been recommended confirming the applicable timing.

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

The site has a general southerly street frontage orientation to Ocean Drive. Adjoining the site to the north, east and west is undeveloped residential and environmental land within the Area 15 urban release area. A landscape supplies business is located to the east of the site at the intersection of the Crown road and Ocean Drive.

Adjoining the site to the south is a school and rural residential development.

The proposal is considered to be compatible with other development in the locality and is consistent with the strategic planning for the area.

Roads

The site has road frontage to Ocean Drive and an un-named Crown Road.

Adjacent to the site, Ocean Drive is a sealed public road under the care and control of Council. Ocean Dr is an RMS classified road with an 11m road formation within a 40m road reserve. It is an arterial road located on the southern boundary of this growth area and is the primary link between Camden Haven and the Pacific Highway.

The Crown road running along the eastern and northern boundaries of the site is sealed for approximately 150m from the intersection with Ocean Drive before reducing to a narrow unsealed lane for approximately 1500m further north. The development proposes to upgrade approximately the first 500m, and conditions have been implemented to ensure the road is upgraded to a sufficient standard to accommodate proposed growth within the development site.

Permission has been sought from The Department of Industry – Crown Lands & Water in regards to the upgrade. Concurrence has been given on the basis that the following conditions are implemented:

“The Department of Industry – Crown Lands & Water requires that the section of Crown Public Road providing access to the proposed subdivision (as shown within the development footprint by red outline) be transferred to the control of Council in accordance with Section 151 – Roads Act 1993.

Please also ensure that the development does not encroach on the balance of the Crown road adjoining Lot 2 DP 594388. The proponent may not:

· remove any vegetation from the adjoining Crown road,

· stockpile materials, equipment or machinery on the adjoining Crown road,

· direct stormwater discharges onto the adjoining Crown road,

· use the adjoining Crown road as an asset protection zone, or

· restrict public use and access of the adjoining Crown road.

The balance of the Crown Public road on the eastern boundary of Lot 2 has been upgraded for local access purposes. In the circumstances the department would encourage Council to accept control of the full length of the road along the eastern boundary of Lot 2.”

The internal roads have been proposed with the following formats:

Road No.	Width (m)	Type
1 North to South up to and including Intersection of Road 2	20 (9)	Collector
1 East to West	15/16 (7)	Local
2	15/16 (7)	Local
3	15/16 (7)	Local
4	15/16 (7)	Local
5	15/16 (7)	Local
6	15/16 (7)	Local
7	19 (9)	Collector
8	19 (9)	Collector
9	15 (7)	Local
10	16 (8)	Local

The frontage to Ocean Drive includes a 10m wide E3 zoned setback. In accordance with Figure 86 of the Area Based Provisions for Area 15 under the DCP, an acoustic mound with fencing and landscaping will be provided within this setback area. A condition is recommended requiring the E3 land to be dedicated to Council as road widening.

Traffic and Transport

Intersection design and control is a major factor in improving road safety and traffic efficiency. In general, an intersection should be obvious and unambiguous and allow good visibility of traffic control devices and other road users. Good design will harmonise the geometric layout with traffic control requirements and will minimise both the number of traffic conflict points and the magnitudes of conflict areas.

The proposed subdivision is for 138 residential lots. Of these lots 121 would be accessed directly from Ocean Drive at the location of an existing formed Crown road, with the remainder via a new road from Lake Ridge Drive.

Ocean Drive is a classified regional road (MR 600). The road carries in the order of 8,600 vehicles per day on a typical weekday and this is expected to grow significantly in the future as Area 15 develops. The posted speed limit is 70 km/h although the 85th percentile speed is in the order of 75 km/h.

The types of right-turn and left-turn treatments provided in a design usually define the type of intersection. There are essentially three types of turn treatments available for both right-turn and left-turn movements, namely:

· BA - a basic turn treatment where turning vehicles may share the lane with through traffic movements

· AU - an auxiliary lane turn treatment where a separate lane is provided to enable the turn to be performed in an additional lane

· CH - a channelised turn treatment which provides a traffic island to enhance the safety of right turning or left-turning vehicles.

The below table is a guide to the most appropriate right-turn and left-turn treatments for different types and scale of development. It is only a general guide and traffic impacts should still be assessed against AUSTROADS guidelines;

According to the table a channelised turn treatment is required for the size of the development on Ocean Drive (a major, high-speed road). Further investigation of the left-turn arrangement is required to determine if deceleration and acceleration lanes are required.

The nearby Ocean Drive and Lake Ridge Drive intersection currently services approximately 80 rural residential lots. It has a CH treatment for right-turns and BA for left-turns. The arrangement is the minimum that would be acceptable for the main Ocean Drive/Road 01 access.

The new intersection should also incorporate:

· a pedestrian refuge to access the Schools to Schools shared path on the southern side of Ocean Drive,

· a 1.5m footpath along the Ocean Drive frontage,

· an indented bus bay for westbound bus services.

Access to proposed Stages 10 and 11 will be via the new intersection where Link Road Part A meets Lake Ridge Drive.

Refer to relevant conditions of consent.

Roads and Maritime Services (RMS)

In accordance with Clause 104 and Schedule 3 of State Environmental Planning Policy (Infrastructure) 2007, the proposal was referred to the RMS on 27 February 2018 for comment. A response letter dated 28 March 2018 was received, which provided the following comments.

“The key interests for Roads and Maritime are the safety and efficiency of the road network, traffic management, the integrity of infrastructure and the integration of land use and transport.

In accordance with Clause 104 of the State Environmental Planning Policy Infrastructure 2007 (ISEPP), Roads and Maritime is given the opportunity to review and provide comment on the subject development application as it meets the requirements under Schedule 3.

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

· The Consent Authority should be satisfied that the impact of through and turning traffic has been adequately addressed.

· Service vehicles should enter and leave the site in a forward manner. Any intersection design should cater for the turning paths of the largest vehicle requiring access to the site.

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

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

The matters raised by the RMS have been considered in the assessment, with intersection design and traffic impacts addressed under Traffic and Transport above, and pedestrians and public transport discussed below.

Buses

The collector roads are to be suitable for internal bus services, with bus stops to be spaced consistent with Council standards (i.e. 400m walking distance to each stop). Provision for an indented bus bay for westbound bus services along Ocean Drive has been conditioned. Details of bus stops and bays can be addressed with each Construction Certificate for subdivision works.

Pedestrians

Pedestrian facilities are to be provided for all subdivision stages in accordance with current DCP requirements.

Conditions have been applied to ensure there is pedestrian connectivity to Camden Haven School via a footpath for the full site frontage along Ocean Drive and provision for a pedestrian crossing incorporated into the intersection on Ocean Drive.

Manoeuvring

All roads shall be design in accordance with Council standards and current AUSPEC Design and Construction Specifications. Each development stage shall have adequate sealed turning facilities to enable public garbage collection through the public street network in a forward manner as required. Sealed temporary turning facilities in accordance with AUSPEC and Planning for Bush Fire Protection are to be provided, as appropriate, for each development stage. Minor changes to the staging boundaries may be required to minimise the need for temporary turning circles.

Water Supply Connection

Preliminary modelling of the potable water supply reticulation indicates that the development site can be serviced from an extension off the 375mm trunk main on the opposite side of Ocean Drive & an extension off the 200mm reticulation main in Lake Ridge Drive. Water main size requirements shall be confirmed by Council’s Water and Sewer Section with the application for the Construction Certificate.

Refer to relevant conditions of consent.

Sewer Connection

Council’s existing sewer system shall be extended and sized to facilitate adjoining developments at no cost to Council. Where applicable, sewer lines are to be extended to lot boundaries to allow further extension by adjoining developments.

The sewer strategy relies upon extension of sewer reticulation through adjoining land to the east and owner’s consent will be required for this work prior to the issue of the Stage 2 Construction Certificate (unless the adjoining land is developed first and the service becomes available at the lot boundary).

Detailed sewer engineering plans are to be submitted to Council’s Water and Sewer Section with an application for an Infrastructure Construction Certificate.

In accordance with the Area 15 Sewerage Servicing Strategy (August 2015), the Kew Kendal Sewer Treatment Plant shall be upgraded prior to the release of the Subdivision Certificates within Stages 2-11. Consultation is required with Council’s Water and Sewer Section regarding the estimated completion of works which is subject to the Capital Works Program Schedule.

The existing on-site wastewater system/s are required to be decommissioned and appropriately remediated as part of the demolition of the existing buildings on the site.

Refer to relevant conditions of consent.

Stormwater

The site naturally grades towards the north and is currently un-serviced.

The legal point of discharge for the proposed development is defined as a direct connection to Council’s stormwater system via a water quality system and internal interallotment stormwater lines.

A stormwater management plan has been submitted for the proposal that is generally consistent with the above requirements and the Stormwater Management Plan prepared by Worley Parsons in 2010 as part of the master planning for the Area 15 urban release area.

A detailed site stormwater management plan will be required to be submitted for assessment with the Section 68 application and prior to the issue of a Construction Certificate.

In accordance with Councils AUSPEC requirements, the following must be incorporated into the stormwater drainage plan:

· Water quality controls.

· Provision of interallotment drainage throughout the development to allow all lots to drain to a proposed public stormwater system

Refer to relevant conditions of consent.

Other Utilities

Telecommunication and electricity services are available to the site.

Evidence of satisfactory arrangements with the relevant utility authorities for provision to each proposed lot will be required prior to Subdivision Certificate approval.

Heritage

The Area 15 Local Environmental Study, which informed the rezoning of the area did not identify any known or potential items of Aboriginal or European heritage significance on the property. No adverse impacts anticipated.

Other land resources

The site is within a planned urban release area and will not sterilise any significant mineral or agricultural resource.

Water cycle

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

Soils

Air and microclimate

The construction and operation of the proposed development will be unlikely to result in any adverse impacts on the existing air quality or result in any pollution, subject to appropriate dust controls being implemented during the subdivision works. Standard precautionary site management condition recommended.

Flora and fauna

The Applicant has submitted an ecological assessment prepared by FloraFauna Consulting and dated 15 December 2017.

The report identifies the following impacts that the development is likely to have:

· Removal of approximately 65 trees from the development footprint, including 6 hollow bearing trees;

· Interruption to ecosystem processes;

· Weed invasion;

· Impacts on Koala habitat;

· Changes in animal behaviour due to the presence of humans.

The report has considered an Assessment of Significance (Seven-Part Test) in accordance with former Section 5A of the Environmental Planning and Assessment Act 1979 (as provided for in the transitional provisions of the Biodiversity Conservation Act 2016).

The FloraFauna Consulting report concludes that the proposal is unlikely to have any significant adverse impacts on flora and fauna subject to the following conditions, which are recommended to form part of the consent.

· Implementation of a Vegetation Management Plan (VMP);

· Dedication of environmental land in accordance with the Area 15 Planning Agreement;

· Retention of existing vegetation in the Crown road reserve along the eastern and northern sides of the site.

A VMP has been submitted with the application consistent with the above recommendations, which is considered acceptable to Council’s Environmental Services staff.

The service corridor for sewer through adjoining land to the east relies upon clearing recently approved under DA2017 – 394.1, which was subject to a separate ecological assessment. A condition is recommended requiring all clearing within the service corridor for sewer to be carried out in accordance with the requirements of that consent.

Waste

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

Energy

The proposal includes a range of lot sizes and shapes capable of accommodating future energy efficient dwellings. No adverse impacts anticipated.

Noise and vibration

See comments earlier in this report under Clause 7.9 of the LEP regarding the potential impacts of road traffic noise on the subdivision. With the mitigation provided by the proposed landscaped mound and acoustic fence along the Ocean Drive frontage, future dwellings would achieve satisfactory internal noise levels. Category 2 construction will be required for the lots adjoining Ocean Drive, and a condition has been recommended requiring appropriate title restrictions to ensure that this is achieved.

Condition also recommended to restrict construction to standard construction hours.

Bushfire

The site is identified as being bushfire prone.

In accordance with Section 100B - Rural Fires Act 1997 - the application proposes subdivision of bush fire prone land that could lawfully be used for residential or rural residential purposes.

The applicant has submitted a bushfire report prepared by David Pensini Building Certification and Environmental Services.

The Commissioner has assessed the development and has issued a Bushfire Safety Authority dated 27 February 2018. A further Bushfire Safety Authority dated 20 June 2018 was issued following amendment of the plans during the assessment process. A condition is recommended incorporating the RFS conditions dated 20 June 2018 into the 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 subdivision road layout would provide for passive surveillance of public spaces and appropriate street lighting will be provided.

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. The Local Environmental Study that informed the rezoning of the urban release area considered the likely demand for services for future residents of the area, and appropriate land has been planned/zoned for business and recreational uses.

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

With appropriate construction management the subdivision works are not expected to significantly impact neighbouring residents. Some disruption to local traffic is expected to occur during the construction of Road 01 in the current Crown Road, construction of the Road 01/Ocean Drive intersection, and construction of the Road 08/Lake Ridge Drive intersection.

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. The proposed subdivision is consistent with the strategic planning for the area.

(c) The suitability of the site for the development:

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

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

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

One written submission has been received following public exhibition of the application.

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

Submission Issue/Summary	Planning Comment/Response
There is insufficient detail provided to show the effects of installing a culvert at the road crossing and adjacent to the south-west boundary of No. 4 Lake Ridge Drive, and the associated raising of the road level in Lake Ridge Drive.	As part of the strategic planning work for the Area 15 urban release area, Council commissioned Worley Parsons to carry out detailed investigations of flooding and stormwater management for the precinct. The 2011 Worley Parsons report recommended an engineering solution to address predicted off-site impacts on No. 4 Lake Ridge Drive and other properties, including raising the level of Lake Ridge Drive above the 1:100 flood level and construction of sufficiently large drainage culverts to convey upstream flood waters. A preliminary engineering design was prepared including the likely extent of works, and indicative culvert locations and sizing. The modelling carried out in the report predicted that there would be no increase in flood levels at No. 4 Lake Ridge Drive in a 1:100 ARI flood scenario, and a minor increase in flood levels of 10 – 60mm in the Probable Maximum Flood. Having regard to the location of the existing dwelling and access on No. 4 Lake Ridge Drive, the minor increase in levels in the PMF event are not considered likely to result in any adverse impacts to residents.
Impacts on No. 4 Lake Ridge Drive from construction, activities and traffic access. Rectification work should be the responsibility of the developer.	The Applicant has indicated that it is not expected that any works associated with the road and drainage would require access to, or works on the adjoining land. In the event that detailed design determines this to be necessary, the developer would need to obtain consent from the landowner, and any such agreement could include appropriate rectification work. Standard construction management conditions have been recommended, including construction hours, dust control, and erosion and sediment control.
Control of dust at all development phases.	A standard site management condition has been recommended to ensure appropriate dust control measures are implemented.
The calibration of stormwater flows should be reviewed given that more accurate computer software and more accurate data may be available than that used in the 2011 analyses.	The developer will be required to carry out a detailed design for the road works and culverts as part of the Construction Certificate application. The design will need to be prepared in accordance with Council’s engineering standards at the time of lodgement of the Construction Certificate (which could be some time as the works are part of Stage 10 of the development). Any required changes to the culvert sizing compared with the 2011 Worley Parsons report and expected to be capable of being accommodated without any significant change to the proposed road layout.
Is there any conflict between the proposal and the vegetation clearing on the adjoining land under DA2017 – 394.1?	There is not considered to be any conflict between the proposal and the approved clearing of the adjoining land to the east. The proposal relies upon this consent for the vegetation clearing in the service corridor for sewer infrastructure.

(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.

5. CONCLUSION AND STATEMENT OF REASON

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

Attachments

1 View. DA2017 - 1059.1 Plan

2 View. DA2017 - 1059.1 Recommended Conditions.

AGENDA Development Assessment Panel 10/04/2019

Item: 07

Subject: DA2018 - 1110.1 Alterations and Additions to existing building and Change Of Use to Specialised Retail Premises at Lot 2 DP 598025, No. 215 Lake Road, Port Macquarie

Report Author: Patrick Galbraith-Robertson

Applicant: Artazan Property Group Pty Ltd

Owner: BWP Trust

Estimated Cost: $4.18M

Parcel no: 11802

Alignment with Delivery Program

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

RECOMMENDATION

That DA2018 - 1110 for Alterations and Additions to Existing Building and Change of Use to Specialised Retail Premises at Lot 2, DP 598025, No. 215 Lake Road, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a Development Application for alterations and additions to existing building and change of use to specialised retail premises at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979.

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

1. BACKGROUND

Existing sites features and Surrounding development

The site has an area of 2.021 hectares.

The site is zoned B5 Business Development 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:

Alterations, additions and change of use to specialised retail premises including:

· Internal tenancy subdivision to create five(5) tenancies;

· Internal alterations;

· Demolition of existing nursery canopy, columns and gates;

· Demolition of existing walls, gates and roof of enclosed playground

· External façade works;

· Reconfiguration of carparking (205 parking spaces up from current 137 spaces) and driveways;

· Tree removal. Existing site landscaping would be predominantly retained, excepting some of the trees located throughout the car parking area. The removal of these trees is required to facilitate the proposed car park;

· No additional gross floor area (GFA) is proposed; and

· Proposed hours of operation 7am to 9pm, 7 days.

Refer to attachments at the end of this report.

Application Chronology

· 8 January 2019 – DA lodged with Council.

· 11 to 24 January 2019 – Neighbour notification of proposal.

· 30 January 2019 – Copy of submission forwarded to Applicant for consideration.

· 19 February 2019 – Additional information requested – relationship to future road upgrades planned by Council, stormwater management and clarification of vegetation removal.

· 28 February 2019 – Additional information received.

· 28 February 2019 – Applicant response to submission issues forwarded to Submitter for consideration.

· 26 March 2019 – Draft consent conditions forwarded to Applicant of consideration

· 2 April 2019 - feedback on draft consent conditions

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) any Environmental Planning Instrument:

State Environmental Planning Policy No. 44 - Koala Habitat Protection

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 has demonstrated that no habitat will be removed or modified therefore no further investigations are required.

State Environmental Planning Policy No. 55 – Remediation of Land

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

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

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

State Environmental Planning Policy No. 64 – Advertising and Signage

No signage is proposed under this application. It is recommended that a standard condition be imposed to require approval for signage other than signage which is exempt development.

State Environmental Planning Policy (Infrastructure) 2007

The proposal includes a rooftop solar energy system which is permissible in accordance with clause 34. The roof top solar system proposed is suitably located and no adverse environmental impacts can be identified.

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 B5 Business Development. In accordance with clause 2.3(1) and the B5 zone landuse table, the proposed development for specialised retail premises is a permissible landuse with consent.

The objectives of the B5 zone are as follows:

o To enable a mix of business and warehouse uses, and specialised retail premises that require a large floor area, in locations that are close to, and that support the viability of, centres.

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

o To ensure that new developments make a positive contribution to the public domain and streetscape.

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

o the proposal is a permissible landuse;

o the proposal will provide for opportunity for specialised retail premises with large floor areas.

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

· Clause 4.3, the maximum overall height of the building above ground level (existing) is 10.96m which complies with the standard height limit of 14.5m applying to the site.

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

· Clause 7.13, 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.

(a)

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

No draft instruments apply to the site.

(a)(iii) Any DCP in force

Port Macquarie-Hastings Development Control Plan 2013:

*DCP 2013: General Provisions*
	Requirements	Proposed	Complies
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline	No concealment or entrapment areas proposed. Adequate casual surveillance available.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	The proposed development relates to the existing built form and facilities on the site and does not entail any significant earthworks.	Yes
2.3.3.8	Removal of hollow bearing trees	No trees proposed to be removed	N/A
2.6.3.1	Tree removal (3m or higher with 100m diameter trunk at 1m above ground level and 3m from external wall of existing dwelling)	Tree removal proposed however no significant trees proposed to be removed to warrant specific offset planting.	Yes
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater	Refer to main body of report.
2.5.3.2	New accesses not permitted from arterial or distributor roads	No new access proposed to arterial or distributor road.	Yes
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking	No change to existing driveway crossings	Yes
2.5.3.3	Parking in accordance with Table 2.5.1. Bulky goods premises < 500 m² GFA - 1 per 70 m² Gross Floor Area (GFA) >500 m² GFA - 1 per 100 m² GFA for display + 1 per 2 employees (warehouse area)	Proposal involves: Tenancy 1 + 15 employees = 3500m2 display + 1500m2 warehouse with 15 employees Tenancy 2 = 536m2 Tenancy 3 = 560m2 Tenancy 4 = 560m2 Tenancy 5 = 560m2 Calculations = Tenancy 1 = 35 + 8 spaces Tenancy 2 = 8 spaces Tenancy 3 = 8 spaces Tenancy 4 = 8 spaces Tenancy 5 = 8 spaces Total required = 75 spaces The development proposes 205 parking spaces on-site which is also an increase from the current 137 spaces on-site.	Yes
2.5.3.11	Section 94A contributions	Contributions apply - refer to ET calc attached to report and NOP to be issued with consent.	Yes
2.5.3.12 and 2.5.3.13	Landscaping of parking areas	Suitable landscaping proposed around driveway/parking locations.	Yes
2.5.3.17	Parking areas to be designed to avoid concentrations of water runoff on the surface.	Stormwater drainage is capable of being managed as part of plumbing construction.	Yes

The proposal does not contravene any of the applicable commercial development control provisions noting that the proposal is for alterations and additions to an existing building with no increase in gross floor area. Satisfactory loading bay requirements are also provided.

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

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

(a)(iv) The regulations

Demolition of buildings AS 2601 – Clause 92

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

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

Context and Setting

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

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

The proposal does not have any identifiable adverse impacts on existing significant view sharing.

The proposal does not have significant adverse lighting impacts subject to standard conditions recommended to address potential for light spill and obtrusive lighting.

There are no significant adverse privacy or overshadowing impacts.

Roads

The site has road frontage to Lake Road and Fernhill Roads, both under the care and control of Council. Lake Road is a Sub-Arterial and Fernhill Road is a Collector. Both roads have upright kerb and gutter.

Traffic and Transport

The application includes a Traffic Impact Assessment from Ason Group who have concluded:

· The proposal generally relates to alteration of the existing Bunnings warehouse development to 5 smaller tenancies (The Proposal).

· The Site is located within Port Macquarie-Hastings Council Local Government Area. It generally has good access to the broader road network with respect to its location on key roads. Connectivity to public transport is somewhat restricted due to the limited high-frequency public transport services provided within the area. Notwithstanding, the nature of the proposed uses – including bulky goods premises – is not likely to substantially rely on the use of public transport services.

· In response, 205 car parking spaces are proposed and will ensure that all parking demands generated by the Proposal would be accommodated on-site and would not have any adverse impacts to the availability of on-street parking in the area.

A summary of the traffic generation potential of the site under existing and proposed scenarios is provided below.

Period	Existing	Proposed	Net Increase
Weekday	273	179	-94
Weekend	364	279	-85

In this regard, the Proposal will result in less traffic generation and therefore is considered to have no material impact on the surrounding road network.

The site access, car park, customer click and collect parking spaces and loading areas design has generally been designed having regard for relevant Australian Standards (AS2890 series). A standard condition of consent requiring compliance with AS2890 would be considered sufficient to ensure that any minor changes to the plans required, if any, could be undertaken as part of detailed Construction Certificate documentation.

In summary, the proposal is supportable on traffic planning grounds and will not result in any adverse impacts on the surrounding road network or the availability of on-street parking.

Site Frontage & Access

Vehicle access to the site is proposed though existing driveways on Lake Road and Fernhill Road.

There is an existing footpath along part of the Fernhill Road and Lake Road frontage.

Parking and Manoeuvring

Due to the type of development, car park circulation is required to enable vehicles to enter and exit the site in a forward manner. Site plans show adequate area is available and conditions have been imposed to reflect these requirements.

Refer to relevant conditions of consent.

Water Supply Connection

Council records indicate that the development site will be serviced through a 150mm metered water service. Final water service sizing will need to be determined by a hydraulic consultant to suit the domestic and commercial components of the development, as well as fire service and backflow protection requirements in accordance with AS3500.

Detailed plans will be required to be submitted for assessment with the S.68 application.

Refer to relevant conditions of consent.

Sewer Connection

Council records indicate that the development site will be connected to Sewer via junction to the existing sewer line that runs along the eastern property boundary. A sewer reticulation strategy shall be submitted to Sewer Section which complies with Council’s adopted design specifications.

Detailed plans will be required to be submitted for assessment with the Section 68 application.

Refer to relevant conditions of consent.

Stormwater

Following the review of the updated Concept stormwater management plan dated 20 February 2019, Council’s previous request for more information regarding site discharge has been addressed, and no further objections to the development are identified.

This development is located adjacent to an area known to have overland stormwater issues during heavy storm events, which includes Lake Road and Jindalee Road. The development site has had previous reported stormwater issues relating to overland flows leaving the site, exacerbating the downstream issues on Lake Road and Jindalee Road.

Council has reviewed the Concept Stormwater Management Plan by Northrop Engineering and are satisfied with the proposed stormwater system. The stormwater management plan has identified by hydraulic modelling that the existing stormwater system within the development site is under-capacity, with large ponding depths within on-site car parking areas, and site discharges not complying with AUSEPC D5 requirements. In response to the inadequate capacity of the existing system within the site, the applicant has proposed to increase the capacity of the detention system by 50 cubic metres, and a small decrease in total site impervious area through landscaped areas. The result from increasing on-site detention volume indicates that site discharge will be less than pre-development discharge meeting Councils AUSPEC D5 requirements. The proposed site discharge results provided in the Stormwater Management Plan would improve the existing issues experienced both on-site and the downstream catchment.

The stormwater management plan also addresses water quality targets as per AUSPEC D7 requirements, with proposed gross pollutant treatment devices to be included in the stormwater design. The applicant has demonstrated that D7 targets are met by modelling the change of use of an area, currently a nursery to an increase in car parking spaces. Existing water quality treatment devices are proposed to remain in place to treat existing areas that are to be un-changed, with the additional water quality devices to treat the proposed car park extension.

A detailed site stormwater management plan will be required to be submitted for assessment with the Section 68 application and prior to the issue of a Construction Certificate.

Refer to relevant conditions of consent.

Other Utilities

Telecommunication and electricity services are available to the site.

Heritage

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

Other land resources

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

Water cycle

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

Soils

Air and microclimate

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.

Energy

The proposal includes measures to address energy efficiency and will be required to comply with the requirements of Section J of the Building Code of Australia. No adverse impacts anticipated.

Noise and vibration

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

Bushfire

The site is identified as being partly bushfire prone.

Satisfactory defendable space and water supply is available to satisfy the objectives of NSW Rural Fire Service’s Planning for Bushfire Protection 2006.

Safety, security and crime prevention

Social impacts in the locality

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

Economic impact in the locality

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

Site design and internal design

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

Construction

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

Cumulative impacts

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

(c) The suitability of the site for the development:

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

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

One (1) written submission has been received from No. 27 Fernhill Road, Port Macquarie following public exhibition of the application.

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

Submission Issue/Summary	Planning Comment/Response
Request that all lighting be reviewed by a competent independent lighting professional in accordance with Australian Standards in relation to light spill. The current lighting has caused unnecessary light spill and glare to 27 Fernhill Road.	The Applicant has advised that the existing external lighting for the site is proposed to be upgraded in conjunction with the proposed development. Lighting will be designed and orientated to avoid light spill or glare for adjoining properties. More detailed lighting particulars will however form part of the detailed design phase, to occur post-approval of the DA. An appropriate condition of consent is recommended to address potential for obtrusive lighting.
The vehicle swept path analysis for trucks has not been provided including addressing trucks leaving the northern loading bay becoming compromised by cars parked on the eastern side of Fernhill Road.	Swept path analysis and design commentary has been included at Appendix A within the Traffic Impact Assessment. Review of on-street parking being restricted through the creation of a ‘No Parking / No Standing’ zone in proximity to the truck exit can be addressed separately to this DA approval. It is noted that this restriction would apply to the public roadway and is located outside of the site boundary.
Council requested to review its no parking/no standing near the truck exit driveway.
The customer carpark exit onto Fernhill Road should have an emphasised giveway sign.	In relation to the southern Fernhill Drive access point, it is acknowledged that all traffic from the site should give way to all public road traffic (vehicular and pedestrian traffic). A requirement for the installation of a new ‘Give Way’ sign at the exit point of the site is therefore to be recommended as a condition of consent.
The speed and number of vehicles using Fernhill Road does not interface well with the single lane choke that happens on turning into Siren Road.	With respect to the existing traffic situation in Siren Road, it is noted that this is not a matter of relevance to the subject DA. It is however noted that the proposal included additional parking to that previously provided which should reduce any overflow parking requirements.
There is currently no safe way for pedestrians to walk between the major shops on the north and south sides of Lake Road.	The existing traffic and pedestrian situation in Lake Road is not a matter included in the subject DA. Council is considering further improvements to Lake Road, however plans have not been finalised or funded and therefore cannot be included in the DA assessment.
Commend solar system installation however there is also a commitment to upgrade the electrical substation and perform civil works in the carpark and consider the inclusion of electric vehicle charging outlets.	The provision of electric vehicle charging outlets is not a Development Control Plan requirement and the Applicant has advised that it is not proposed at this time.

(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

· No development contributions will be required towards augmentation of town water supply and sewerage system head works under Section 64 of the Local Government Act 1993.

· Development contributions will be required under Section 7.12 of the Act.

5. CONCLUSION AND STATEMENT OF REASON

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

Attachments

1 View. DA2018 - 1110.1 Recommended Conditions

2 View. DA2018 - 1110.1 Traffic Impact Assessment

3 View. DA2018 - 1110.1 Survey Plans

4 View. DA2018 - 1110.1 Architectural Drawings

5 View. DA2018 - 1110.1 Civil Engineering Plans

6 View. DA2018 - 1110.1 Concept Stormwater Management Plan

7 View. DA2018 - 1110.1 Contributions Estimate

Member	23/01/19	13/02/19	27/02/19	13/03/19	27/03/19
Paul Drake	P	P	P	P	P
Robert Hussey	P	P	P		P
David Crofts (alternate member)				P
Dan Croft (Acting Director Development & Environment) Clinton Tink (Acting GM Development Assessment (alternates) - Director Development & Environment - Development Assessment Planner	P	P	P	P	P

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