Development Assessment Panel

CHARTER

1.0 OBJECTIVES

To assist in managing Council's development assessment function by providing independent and expert determinations of development applications that fall outside of staff delegations.

2.0 KEY FUNCTIONS

· To review development application reports and conditions;

· To determine development applications outside of staff delegations;

· To refer development applications to Council for determination where necessary;

· To provide a forum for objectors and applicants to make submissions on applications before the Development Assessment Panel (DAP);

· To maintain transparency in the determination of development applications.

Delegated Authority of Panel

Pursuant to Section 377 of the Local Government Act, 1993 delegation to:

· Determine development applications under Part 4 of the Environmental Planning and Assessment Act 1979 having regard to the relevant environmental planning instruments, development control plans and Council policies.

· Vary, modify or release restrictions as to use and/or covenants created by Section 88B instruments under the Conveyancing Act 1919 in relation to development applications for subdivisions being considered by the panel.

· Determine Koala Plans of Management under State Environmental Planning Policy 44 - Koala Habitat Protection associated with development applications being considered by the Panel.

Noting the trigger to escalate decision making to Council as highlighted in section 5.2.

3.0 MEMBERSHIP

3.1 Voting Members

· Two independent external members. One of the independent external members to be the Chairperson.

· Group Manager Development Assessment (alternate - Director Development & Environment or Development Assessment Planner)

The independent external members shall have expertise in one or more of the following areas: planning, architecture, heritage, the environment, urban design, economics, traffic and transport, law, engineering, government and public administration.

3.2 Non-Voting Members

· Not applicable

3.3 Obligations of members

· Members must act faithfully and diligently and in accordance with this Charter.

· Members must comply with Council's Code of Conduct.

· Except as required to properly perform their duties, DAP members must not disclose any confidential information (as advised by Council) obtained in connection with the DAP functions.

· Members will have read and be familiar with the documents and information provided by Council prior to attending a DAP meeting.

· Members must act in accordance with Council's Workplace Health and Safety Policies and Procedures

· External members of the Panel are not authorised to speak to the media on behalf of Council. Council officers that are members of the Committee are bound by the existing operational delegations in relation to speaking to the media.

· Staff members shall not vote on matters before the Panel if they have been the principle author of the development assessment report.

3.4 Member Tenure

· The independent external members will be appointed for the term of four (4) years maximum in which the end of the tenure of these members would occur in a cascading arrangement.

3.5 Appointment of members

· The independent external members (including the Chair) shall be appointed by the General Manager following an external Expression of Interest process.

· Staff members of the Panel are in accordance with this Charter.

4.0 TIMETABLE OF MEETINGS

· The Development Assessment Panel will generally meet on the 1st and 3rd Wednesday each month at 2.00pm at the Port Macquarie offices of Council.

· Special Meetings of the Panel may be convened by the Director Development & Environment Services with three (3) days notice.

5.0 MEETING PRACTICES

5.1 Meeting Format

· At all Meetings of the Panel the Chairperson shall occupy the Chair and preside. The Chair will be responsible for keeping of order at meetings.

· Meetings shall be open to the public.

· The Panel will hear from applicants and objectors or their r e p r e s e n t a t i v e s .

· Where considered necessary, the Panel will conduct site inspections which will be open to the public.

5.2 Decision Making

· Decisions are to be made by consensus. Where consensus is not possible on any item, that item is to be referred to Council for a decision.

· All development applications involving a proposed variation to a development standard greater than 10% under Clause 4.6 of the Local Environmental Plan will be considered by the Panel and recommendation made to the Council for a decision.

5.3 Quorum

· All members (2 independent external members and 1 staff member) must be present at a meeting to form a quorum.

5.4 Chairperson and Deputy Chairperson

· Independent Chair (alternate, second independent member)

5.5 Secretariat

· The Director Development &n Environment is to be responsible for ensuring that the Panel has adequate secretariat support. The secretariat will ensure that the business paper and supporting papers are circulated at least three (3) days prior to each meeting. Minutes shall be appropriately approved and circulated to each member within three (3) weeks of a meeting being held.

· The format of and the preparation and publishing of the Business Paper and Minutes shall be similar to the format for Ordinary Council Meetings.

5.6 Recording of decisions

· Minutes will record decisions and how each member votes for each item before the Panel.

6.0 CONVENING OF “OUTCOME SPECIFIC” WORKING GROUPS

Not applicable.

7.0 CONFIDENTIALITY AND CONFLICT OF INTEREST

· Members of the Panel must comply with the applicable provisions of Council’s Code of Conduct. It is the personal responsibility of members to comply with the standards in the Code of Conduct and regularly review their personal circumstances with this in mind.

· Panel members must declare any conflict of interests at the start of each meeting or before discussion of a relevant item or topic. Details of any conflicts of interest should be appropriately minuted. Where members are deemed to have a real or perceived conflict of interest, it may be appropriate they be excused from deliberations on the issue where the conflict of interest may exist. A Panel meeting may be postponed where there is no quorum.

8.0 LOBBYING

· All members and applicants are to adhere to Council’s Lobbying policy. Outside of scheduled Development Assessment Panel meetings, applicants, their representatives, Councillors, Council staff and the general public are not to lobby Panel members via meetings, telephone conversations, correspondence and the like. Adequate opportunity will be provided at Panel inspections or meetings for applicants, their representatives and the general public to make verbal submissions in relation to Business Paper items.

AGENDA Development Assessment Panel 24/07/2019

Item: 04

Subject: DISCLOSURES OF INTEREST

RECOMMENDATION

That Disclosures of Interest be presented

DISCLOSURE OF INTEREST DECLARATION

Name of Meeting:

Meeting Date:

Item Number:

Subject:

I, the undersigned, hereby declare the following interest:

Pecuniary:

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

Non-Pecuniary – Significant Interest:

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

Non-Pecuniary – Less than Significant Interest:

May participate in consideration and voting.

For the reason that:

Name:

Signed:

Date:

Please submit to the Governance Support Officer at the Council Meeting.

(Refer to next page and the Code of Conduct)

Pecuniary Interest

4.1 A pecuniary interest is an interest that you have in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to you or a person referred to in clause 4.3.

4.2 You will not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision you might make in relation to the matter, or if the interest is of a kind specified in clause 4.6.

4.3 For the purposes of this Part, you will have a pecuniary interest in a matter if the pecuniary interest is:

(a) your interest, or

(b) the interest of your spouse or de facto partner, your relative, or your partner or employer, or

4.4 For the purposes of clause 4.3:

(a) Your “relative” is any of the following:

i) your parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

ii) your spouse’s or de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child

iii) the spouse or de facto partner of a person referred to in paragraphs (i) and (i)

(b) “de facto partner” has the same meaning as defined in section 21C of the Interpretation Act 1987.

4.5 You will not have a pecuniary interest in relation to a person referred to in subclauses 4.3(b) or (c)

(a) if you are unaware of the relevant pecuniary interest of your spouse, de facto partner, relative, partner, employer or company or other body, or

(b) just because the person is a member of, or is employed by, a council or a statutory body, or is employed by the Crown, or

(c) just because the person is a member of, or a delegate of a council to, a company or other body that has a pecuniary interest in the matter, so long as the person has no beneficial interest in any shares of the company or body.

Non-Pecuniary

5.1 Non-pecuniary interests are private or personal interests a council official has that do not amount to a pecuniary interest as defined in clause 4.1 of this code. These commonly arise out of family or personal relationships, or out of involvement in sporting, social, religious or other cultural groups and associations, and may include an interest of a financial nature.

5.2 A non-pecuniary conflict of interest exists where a reasonable and informed person would perceive that you could be influenced by a private interest when carrying out your official functions in relation to a matter.

5.3 The personal or political views of a council official do not constitute a private interest for the purposes of clause 5.2.

5.4 Non-pecuniary conflicts of interest must be identified and appropriately managed to uphold community confidence in the probity of council decision-making. The onus is on you to identify any non-pecuniary conflict of interest you may have in matters that you deal with, to disclose the interest fully and in writing, and to take appropriate action to manage the conflict in accordance with this code.

5.5 When considering whether or not you have a non-pecuniary conflict of interest in a matter you are dealing with, it is always important to think about how others would view your situation.

Managing non-pecuniary conflicts of interest

5.6 Where you have a non-pecuniary conflict of interest in a matter for the purposes of clause 5.2, you must disclose the relevant private interest you have in relation to the matter fully and in writing as soon as practicable after becoming aware of the non-pecuniary conflict of interest and on each occasion on which the non-pecuniary conflict of interest arises in relation to the matter. In the case of members of council staff other than the general manager, such a disclosure is to be made to the staff member’s manager. In the case of the general manager, such a disclosure is to be made to the mayor.

5.7 If a disclosure is made at a council or committee meeting, both the disclosure and the nature of the interest must be recorded in the minutes on each occasion on which the non-pecuniary conflict of interest arises. This disclosure constitutes disclosure in writing for the purposes of clause 5.6.

5.8 How you manage a non-pecuniary conflict of interest will depend on whether or not it is significant.

5.9 As a general rule, a non-pecuniary conflict of interest will be significant where it does not involve a pecuniary interest for the purposes of clause 4.1, but it involves:

a) a relationship between a council official and another person who is affected by a decision or a matter under consideration that is particularly close, such as a current or former spouse or de facto partner, a relative for the purposes of clause 4.4 or another person from the council official’s extended family that the council official has a close personal relationship with, or another person living in the same household

b) other relationships with persons who are affected by a decision or a matter under consideration that are particularly close, such as friendships and business relationships. Closeness is defined by the nature of the friendship or business relationship, the frequency of contact and the duration of the friendship or relationship.

c) an affiliation between the council official and an organisation (such as a sporting body, club, religious, cultural or charitable organisation, corporation or association) that is affected by a decision or a matter under consideration that is particularly strong. The strength of a council official’s affiliation with an organisation is to be determined by the extent to which they actively participate in the management, administration or other activities of the organisation.

d) membership, as the council’s representative, of the board or management committee of an organisation that is affected by a decision or a matter under consideration, in circumstances where the interests of the council and the organisation are potentially in conflict in relation to the particular matter

e) a financial interest (other than an interest of a type referred to in clause 4.6) that is not a pecuniary interest for the purposes of clause 4.1

f) the conferral or loss of a personal benefit other than one conferred or lost as a member of the community or a broader class of people affected by a decision.

5.10 Significant non-pecuniary conflicts of interest must be managed in one of two ways:

a) by not participating in consideration of, or decision making in relation to, the matter in which you have the significant non-pecuniary conflict of interest and the matter being allocated to another person for consideration or determination, or

b) if the significant non-pecuniary conflict of interest arises in relation to a matter under consideration at a council or committee meeting, by managing the conflict of interest as if you had a pecuniary interest in the matter by complying with clauses 4.28 and 4.29.

5.11 If you determine that you have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest you must also explain in writing why you consider that the non-pecuniary conflict of interest is not significant and does not require further action in the circumstances.

5.12 If you are a member of staff of council other than the general manager, the decision on which option should be taken to manage a non-pecuniary conflict of interest must be made in consultation with and at the direction of your manager. In the case of the general manager, the decision on which option should be taken to manage a non-pecuniary conflict of interest must be made in consultation with and at the direction of the mayor.

5.13 Despite clause 5.10(b), a councillor who has a significant non-pecuniary conflict of interest in a matter, may participate in a decision to delegate consideration of the matter in question to another body or person.

5.14 Council committee members are not required to declare and manage a non-pecuniary conflict of interest in accordance with the requirements of this Part where it arises from an interest they have as a person chosen to represent the community, or as a member of a non-profit organisation or other community or special interest group, if they have been appointed to represent the organisation or group on the council committee.

SPECIAL DISCLOSURE OF PECUNIARY INTEREST DECLARATION

This form must be completed using block letters or typed.

If there is insufficient space for all the information you are required to disclose,

you must attach an appendix which is to be properly identified and signed by you.

[insert full name of councillor]

In the matter of

[insert name of environmental planning instrument]

Which is to be considered at a meeting of the

[insert name of meeting]

Held on

[insert date of meeting]

PECUNIARY INTEREST

Address of the affected principal place of residence of the councillor or an associated person, company or body (the identified land)

Relationship of identified land to councillor

[Tick or cross one box.]

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

 An associated person of the councillor has an interest in the land.

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

MATTER GIVING RISE TO PECUNIARY INTEREST[1]

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject land2

[Tick or cross one box]

 The identified land.

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

Current zone/planning control

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

Proposed change of zone/planning control

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

Effect of proposed change of zone/planning control on councillor or associated person

[Tick or cross one box]

 Appreciable financial gain.

 Appreciable financial loss.

[If more than one pecuniary interest is to be declared, reprint the above box and fill in for each additional interest]

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

This form is to be retained by the council’s general manager and included in full in the minutes of the meeting

Last Updated: 3 June 2019

Important Information

This information is being collected for the purpose of making a special disclosure of pecuniary interests under clause 4.36(c) of the Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct).

The special disclosure must relate only to a pecuniary interest that a councillor has in the councillor’s principal place of residence, or an interest another person (whose interests are relevant under clause 4.3 of the Model Code of Conduct) has in that person’s principal place of residence.

Clause 4.3 of the Model Code of Conduct states that you will have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative or because your business partner or employer has a pecuniary interest. You will also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

“Relative” is defined by clause 4.4 of the Model Code of Conduct as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.

You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints about breaches of these requirements are to be referred to the Office of Local Government and may result in disciplinary action by the Chief Executive of the Office of Local Government or the NSW Civil and Administrative Tribunal.

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

[1] Clause 4.1 of the Model Code of Conduct provides that a pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter, or if the interest is of a kind specified in clause 4.6 of the Model Code of Conduct.

2 A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in clause 4.3 of the Model Code of Conduct has a proprietary interest

AGENDA Development Assessment Panel 24/07/2019

Item: 05

Subject: DA2019 - 314.1 Dwelling (Proposed Lot 107) at Lot 238 DP 1233121 Bronzewing Terrace, Lakewood

Report Author: Development Assessment Planner, Benjamin Roberts

Applicant: Davy Watt and Associates

Owner: Port Ventures Pty Ltd

Estimated Cost: $347,000

Parcel no: 67182

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2019 - 314 for a dwelling (on proposed lot 107) at Lot 238, DP 1233121, Bronzewing Terrace, Lakewood, be determined by granting consent subject to the recommended conditions.

Executive Summary

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

The proposal is on a lot yet to be created via an approved subdivision (DA2009 - 215). The lot in the approved subdivision is proposed lot 107.

Following exhibition of the application, three (3) submissions have been received.

This report recommends that the development application be approved subject to the conditions included in Attachment 1.

1. BACKGROUND

Existing Sites Features and Surrounding Development

The property has an area of 42.3 hectares. Proposed Lot 107 will have an area of 24.6 hectares.

The site is zoned E3 Environmental Management 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 new dwelling

Refer to Attachment 2 at the end of this report.

Application Chronology

· 2 May 2019 - Application lodged.

· 15 to 28 May 2019 - Public exhibition via neighbour notification.

· 16 May 2019 - Additional information request.

· 27 June 2019 - Additional information response with revised plans.

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

In accordance with clauses 6 and 7, the subject land has an area of more than 1 hectare in size and therefore the provisions of SEPP must be considered.

The Department of Planning and Infrastructure’s Circular No. B35, Section 1.5 states that "In relation to affected DAs it is the intention of the policy that investigations for 'potential' and 'core' koala habitats be limited to those areas in which it is proposed to disturb habitat”.

The application involves the removal of two nature eucalypt trees. The trees being a Tallowwood and Turpentine species.

In accordance with step 1 of this policy the site qualifies as potential Koala habitat. This is based on previous ecological assessment and findings undertaken for the underlying subdivision by a qualified ecologist.

In accordance with step 2 of this policy the site does not qualify as core Koala habitat. This is based on previous ecological assessment and findings undertaken for the underlying subdivision by an ecologist, which found no evidence to indicate the presence of Koalas on the site.

The requirements of this SEPP are therefore satisfied.

State Environmental Planning Policy No.55 – Remediation of Land

In accordance with clause 7, 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.

The requirements of this SEPP are therefore satisfied.

State Environmental Planning Policy (Primary Production and Rural Development) 2019

In accordance with clause 29 given the nature of the proposed development, proposed stormwater controls and its’ location, the proposal will be unlikely to have any identifiable adverse impact on any existing aquaculture industries.

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

In accordance with clause 6, 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.

The requirements of this SEPP are satisfied.

Port Macquarie-Hastings Local Environmental Plan 2011

In accordance with clause 2.2, the subject site is zoned E3 Environmental Management.

In accordance with clause 2.3(1) and the E3 zone landuse table, the proposed development for a dwelling house is a permissible landuse with consent.

The objectives of the E3 zone are as follows:

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

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

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

· the proposal is a permissible landuse;

· will not adversely affect the ecological, scientific, cultural or aesthetic values of the land.

In accordance with clause 4.2A, the dwelling is proposed on an approved lot from an approved subdivision (DA2009/215). The lot was approved for the purpose of containing a dwelling house and has a nominated building and APZ envelope. The proposed dwelling and APZ is located within the nominated building and APZ envelope.

In accordance with clause 5.10. The site does not contain or adjoin any known heritage items or sites of significance.

In accordance with clause 7.13, satisfactory arrangements are in place for provision of essential public utility infrastructure including stormwater, water and sewer infrastructure to service the development.

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

No draft instruments apply.

(iii) Any Development Control Plan in force:

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: 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 proposed.	N/A
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	No elements within the articulation zone.	N/A
3.2.2.2	Front setback in a rural context : • Min. 10m local road	Front building line setback is 14.35m and compliant with the minimum front setback requirements.	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 is compliant with the minimum front setback requirements. Garage door recessed.	Yes
	6m max. width of garage door/s and 50% max. width of building	Width of garage door/s are compliant with the maximum width requirements	Yes
	Driveway crossover 1/3 max. of site frontage and max. 5.0m width	Driveway crossing width is compliant with the maximum width requirements	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 building wall articulation is compliant and/or satisfactory to address the objective intent 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	The dwelling contains >35m² open space in one area including a useable 4m x 4m space.	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 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	N/A	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 the generous building separation.	Yes
3.2.2.11	Roof terraces	N/A	N/A
3.2.2.13 onwards	Jetties and boat ramps	N/A	N/A

*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 just over 1m proposed at rear of dwelling.	No but considered acceptable in this instance.
2.3.3.2	1m max. height retaining walls along road frontage	None proposed along road frontage.	N/A
	Any retaining wall >1.0 in height to be certified by structure engineer	Retaining wall over 1m proposed. 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	No retaining wall front fence combination proposed.	N/A
2.3.3.8	Removal of hollow bearing trees	No hollow bearing 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)	Two 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.	Yes
2.5.3.2	New accesses not permitted from arterial or distributor roads	No new access proposed to arterial or distribution road.	N/A
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking	Driveway crossing minimal in width including maximising street parking	Yes
2.5.3.3	Parking in accordance with Table 2.5.1. 1 space per single dwelling (behind building line)	Double garage proposed.	Yes
2.5.3.11	Section 94 contributions	Refer to main body of report.	Yes
2.5.3.12 and 2.5.3.13	Landscaping of parking areas	Single dwelling only with 1 domestic driveway. No specific landscaping requirements recommended.	N/A
2.5.3.14	Sealed driveway surfaces unless justified	Sealed driveway 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.	Single dwelling only with 1 domestic driveway. Stormwater drainage is capable of being managed as part of plumbing construction.	Yes

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

No planning agreement has been offered or entered into.

iv) Any matters prescribed by the Regulations:

No matters prescribed by the regulations apply.

(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 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.

The proposal does not have a significant adverse impact on existing view sharing.

The proposal does not have significant adverse lighting impacts.

There are no significant adverse privacy impacts.

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

Access, Traffic and Transport

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

Water Supply Connection

There is a water supply service available, however due to the elevation of the proposed development and to ensure adequate water pressure final domestic water service details will need to be determined by a hydraulic consultant to suit this development. Direct pumping from Council's water supply will not be permitted. Details and calculations are to be shown on the plans that accompany the section 68 application.

Sewer Connection

Service available – details required with section 68 application.

Stormwater

Stormwater from the proposal is to be diverted via the existing swale drains that follow the land contours and direct stormwater runoff towards the drainage reserve to the north-east of the site. The existing swales and drainage reserve are capable of managing stormwater runoff from the proposed development. Details required with S.68 application.

Other Utilities

Telecommunication and electricity services are available to the site.

Heritage

This site does not contain or adjoin any known heritage item or site of significance.

Other land resources

The proposal 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

The proposed development includes removal of a Tallowwood and Turpentine tree on the site. The Biodiversity Offset Scheme doesn’t apply for the following reasons:

· The land isn’t identified on the Biodiversity Values Map;

· The extent of clearing is below the thresholds in Clause 7.2 of the Biodiversity Conservation Regulation 2017;

· The application of the test of significance (5 part test) demonstrates that the development will not have a significant impact on biodiversity values.

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 identified as being bushfire prone. The applicant has submitted a self-assessment bushfire report.

An assessment of bushfire risk having regard to section 4.3.5 of Planning for Bushfire Protection 2006 including vegetation classification and slope concludes that a Bushfire Attack Level 29 shall be required.

Management of bushfire risk is acceptable subject to BAL construction levels being implemented and APZ being maintained. An appropriate condition is recommended.

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.

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:

Three (3) written submissions have been received following public exhibition of the application.

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

Submission Issue/Summary	Planning Comment/Response
While its acknowledged that only 6 trees are proposed to be removed its suggested Council ensure only those necessary are removed.	Following discussions with staff the applicant made amendments to the development proposal. The amendments included a change to driveway location, retention of two trees in the outer Asset Protection Zone and removal of shed from the development. The amended proposal will result in two trees being removed. Refer to revised site plan.
A large habitat (hollow bearing) tree exist behind the house site. It’s hoped this can be saved. Unfortunately the subdivision removed several of these.	The large hollow bearing tree is to be retained and is setback approximately 27m from the house site. Refer to revised site plan.
The site is elevated and the proposal will stand out. The shed will also be clearly visible. It suggested the Council encourage a house roof and shed ‘colour’ that is not light and blends in with the forest and national park.	The shed is no longer proposed. The applicant has nominated ‘medium’ colours in terms of absorptance in meeting BASIX commitments. The colours within this range are suitable in terms of ‘blending’ in with the surrounding landscape.
Will the existing swale drain contain the additional stormwater runoff from the proposed development?	Stormwater from the proposal is capable of being adequately managed onsite. Refer to comments under stormwater heading of this report.
The land is zoned 7(d) Environment Protection - Scenic and not E3 Environmental Management.	Refer to comments under LEP 2011 heading of this report.
The lot is under the 40 hectare lot size standard for a dwelling and no consistent with the zone objective.	Refer to comments under LEP 2011 heading of this report.
Environment protection - scenic has lot 106 partly on it to the north boundary.	The development proposal is contained to proposed lot 107.
A dwelling high on the cleared bank would have a view over all the neighbouring houses, which would cause privacy concerns.	There is approximately 70m of separation to the nearest existing dwelling (9 Bronzewing Terrace). Given the building separation no adverse privacy impacts will result.
The dwelling would be visually prominent at that height and out of character with the surrounding area.	The dwelling is single storey in nature and well-designed having regard to the surrounding landscape. Also refer to previous comments surrounding ‘medium’ colour scheme. A mixture of single and two-storey dwelling exist within the estate.
The ground floor level is above reduced level 30m AHD.	Noted.
The removal of more trees from the site will make the scenic view far worse than has been made by many trees being removed already, the battering of the bank and not using Gabion baskets.	Following amendments to the proposal only two trees are now proposed to be removed. The visual impact of the two trees being removed will be insignificant.
The dwelling is above the limit for water pressure.	Noted. Refer to water supply heading and comments in the report.
The site is not suitable and will effect neighbours in terms of overshadowing and loss of privacy.	The site is suitable. No adverse overshadowing or privacy impacts will result given the building separation of approximately 70m to the nearest dwelling.

(e) The Public Interest:

The proposed development satisfies relevant planning controls and will not adversely impact on the wider public interest.

4. DEVELOPMENT CONTRIBUTIONS

· Not applicable.

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. DA2019 - 314.1 Recommended Conditions

2 View. DA2019 - 314.1 Plans.

3 View. DA2019 - 314.1 Arborist Report

AGENDA Development Assessment Panel 24/07/2019

Item: 06

Subject: DA2017 - 16.2 Modification to Dual Occupancy- Window Alterations at Lot 2 DP1241566, No. 5 Black Caviar Parade, Port Macquarie

Report Author: Development Assessment Planner, Fiona Tierney

Applicant: BDM Constructions

Owner: K A & A J & M A Bell

Estimated Cost: $1000

Parcel no: 67636

Alignment with Delivery Program

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

RECOMMENDATION

That modification to DA 2017 - 16.2 to modify windows in living room of dwelling 2 at Lot 2, DP 1241566, No. 5 Black Caviar Parade, Port Macquarie, be determined by granting consent subject to the recommended conditions (as modified).

Executive Summary

This report considers a Section 4.55(1A) modification of development consent application at the subject site and provides an assessment in accordance with the Environmental Planning and Assessment Act 1979.

Following exhibition of the application, one submission was received.

This report recommends that the request to modify the development consent (D2017-16.2) be approved subject to the amended conditions included in Attachment 1.

1. BACKGROUND

History

The original development application was approved under delegated authority on 11 May 2017. The proposal was for a dual occupancy and Torrens Title subdivision. One dwelling (at site now known 25 Paris Lane) was constructed and completed and subdivision issued. The second dwelling (the subject of this modification) is currently nearing completion and awaiting issue of occupation certificate.

Existing sites features and surrounding development

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

The 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 proposed modification include the following:

· Increased window size from highlight windows to larger lower sill height windows in living room area in eastern elevation of dwelling 2.

Refer to attachments at the end of this report.

Application Chronology

· 5 April 2019 - Modification application lodged.

· 15 April -1 May 2019 – Application notified.

· 1 April 2019- Request to applicant - screen provision options

· 29 April 2019 – Submission received.

2. STATUTORY ASSESSMENT

Section 4.55 of the Environmental Planning and Assessment Act 1979 enables the modification of consents and categorises modification into three categories - 4.55(1) for modifications involving minor error, mis-description or miscalculation; 4.55(1A) for modifications involving minimal environmental impact; and 4.55(2) for other modifications. Each type of modification must be considered as being substantially the same to that which was originally consented to.

Is the proposal substantially the same?

The subject application is being considered under the provisions of Section 4.55(1A). The proposal is considered to be substantially the same development to that which was originally consented to and will have minimal environmental impact. Having regard to the above principles, the proposed modification is not considered to alter the fundamental essence of the original development.

Does the application require notification/advertising in accordance with the regulations and/or any Development Control Plan?

Neighbour notification has been undertaken.

Any submissions made concerning the modification?

One submission has been received following completion of the neighbour notification period. The submission is considered later in this report.

Any matters referred to in section 4.15(1) relevant to the modification?

Section 4.15(1) Matters for Consideration

(a) The provisions (where applicable) of:

•

(a)(i) Any environmental planning instrument

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

A revised BASIX certificate (number 793851M_02) has been submitted demonstrating that the modified proposal will comply with the requirements of the SEPP.

(ii) Any Development Control Plan in force

Port Macquarie-Hastings Development Control Plan 2013

The relevant provisions of this plan are addressed as follows:

Requirements

Proposed

Complies

3.2.2.5

Side setbacks:

• Ground floor = min. 0.9m

Setback to the eastern side boundary remains unchanged.

Yes

3.2.2.10

Privacy:

• Direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings. ie. 1.8m fence or privacy screening which has 25% max. openings and is permanently fixed

• Privacy screen required if floor level > 1m height, window side/rear setback (other than bedroom) is less than 3m and sill height less than 1.5m

• Privacy screens provided to balconies/verandahs etc which have <3m side/rear setback and floor level height >1m

Windows have overlooking into rear yard areas but not into adjoining living area windows.

Applicant has installed screens attached to fence that vary in height from 2.3m to 2.7m.Fig a

Whilst these are well done and pleasing in appearance they do create a large expanse of timber structure that can be overbearing and create undesirable precedents.

No- recommend lower half of window to be screened and condition of consent applied.

Fig b.

Fig. a.Current Screens on fence->2.7m b.Possible screen alternative

c. View from adjoining neighbour yard- no screens in place

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

No planning agreement has been offered or entered into.

iv) Any matters prescribed by the Regulations:

No matter prescribed by the regulations apply.

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

No adverse impacts will result from development as modified.

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

The proposal consists of the enlargement of windows in an area previously approved as a living room to provide additional light and outlook to this room. The proposal is suitable for the site.

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

One (1) written submission has been received following public exhibition of the application.

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

Submission Issue/Summary	Planning Comment/Response
Windows have been changed so that they now overlook property, living area and bathroom.	Due to the changes in levels between properties there is unavoidable overlooking between properties. The enlargement of the windows has increased the loss of privacy and it is recommended that screening be provided. Whilst the timber screens have been provided they do create an undesirable impact in regards to dominance and appearance. It is recommended that smaller half height screens be installed external to the windows that still allow light but prevent immediate routine overlooking in the utilisation of the room.

Submission Issue/Summary

Planning Comment/Response

Windows have been changed so that they now overlook property, living area and bathroom.

Due to the changes in levels between properties there is unavoidable overlooking between properties. The enlargement of the windows has increased the loss of privacy and it is recommended that screening be provided.

Whilst the timber screens have been provided they do create an undesirable impact in regards to dominance and appearance. It is recommended that smaller half height screens be installed external to the windows that still allow light but prevent immediate routine overlooking in the utilisation of the room.

Original windows Modified Windows

(e) The Public Interest:

The proposed development satisfies relevant planning controls and will not adversely impact on the wider public interest.

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

No changes for this proposed modification.

5. CONCLUSION AND STATEMENT OF REASON

The application has been assessed in accordance with Section 4.55 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, a conditions has been recommended to manage the impacts attributed to these issues.

The site is considered suitable for the proposed modified 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 modification application be approved, subject to the recommended conditions of consent provided in the attachment section of this report.

Attachments

1 View. DA2017 - 16.2 Modification of Consent

2 View. DA2017 - 16.2 Plans

AGENDA Development Assessment Panel 24/07/2019

Item: 07

Subject: DA2017 - 885.3 Modification to Tourist and Visitor Accommodation at Lot 331 DP 828346, Lot 24 DP 22883, 14-20 Flynn Street, Port Macquarie

Report Author: Development Assessment Planner, Benjamin Roberts

Applicant: Hopkins Consultants Pty Ltd

Owner: Permanent Trustee Australia Ltd

Estimated Cost: $10,942,792

Parcel no: 6779

Alignment with Delivery Program

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

RECOMMENDATION

That modification to DA2017 - 885.3 for tourist and visitor accommodation at Lot 331, DP 828346 and Lot 24, DP 22883, No. 14-20 Flynn Street, Port Macquarie be determined by granting consent subject to the recommended conditions as modified.

Executive Summary

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

Following exhibition of the application, four (4) submissions have been received.

This report recommends that the request to modify the development consent (D2017-885.3) be approved subject to the amended conditions included in Attachment 1.

1. BACKGROUND

History

The development application was reported to, and approved by the Development Assessment Panel subject to conditions on 27 June 2018. The application was subsequently modified on 6 November 2018 to incorporate staging.

Existing Sites Features and Surrounding Development

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

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

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

The site is zoned R3 Medium Density and E2 Environmental Conservation in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

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

2. DESCRIPTION OF DEVELOPMENT

Key aspects of the proposed modification include the following:

· Reconfiguration to villa locations and villa designs.

· Removal of elevated villas above western car park.

· Conversion of sales area to 2 x 1 bedroom units removed.

· Reconfiguration of internal floor areas of stage 1 to main building comprising:

- Conversion of existing sales area to new reception and administration;

- Conversion of existing reception to administration/sales area, including increased floor area for offices, disabled access and kids room;

- Conversion of existing recreation/games room to food and beverage precinct with covered alfresco area and modification to existing gym.

· Overall reduction in building height of villas by 100mm.

· Addition of two villas on eastern side of Wrights Creek.

· Total reduction in villa numbers from 59 to 53.

· Reduction in onsite parking from 140 to 133 spaces.

Refer to attachments at the end of this report.

Application Chronology

· 26 February 2019 - Application lodged.

· 1 March 2019 - Referral to NSW Rural Fire Service.

· 1 March 2019 - Referral to Water NSW.

· 4 March 2019 - Additional information request - application fees.

· 6 March to 4 April 2019 - Public exhibition via neighbour notification.

· 3 April 2019 - Additional fees paid.

· 9 May 2019 - Additional information request.

· 31 May 2019 - Additional information response and revised plans.

· 21 June 2019 - Additional information request.

· 8 July 2019 - Additional information response and revised plans.

3. STATUTORY ASSESSMENT

Is the proposal substantially the same?

The subject application is being considered under the provisions of Section 4.55(2). The proposal is considered to be substantially the same development to that which was originally consented to and will have minimal environmental impact. Specifically the use of the site as tourist and visitor accommodation and building footprint remains relatively unchanged. The fundamental characteristics and essence of the development remains essentially the same.

Does the application require notification/advertising in accordance with the regulations and/or any Development Control Plan?

Neighbour notification has been undertaken.

Any submissions made concerning the modification?

Four (4) submissions were received following completion of the neighbour notification period. The submissions are considered later in this report.

Any matters referred to in section 4.15(1) relevant to the modification?

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

A Koala Plan of Management applies to the land. It was approved as part of the development. Under this modification application, the planting location of one offset Koala Feed Tree (KFT) is to be moved due to a villa location change. Furthermore, under this modification the additional removal of a cottonwood and radiata pine is proposed. This will provide space for two additional primary KFT plantings as recommended by the author of the plan of management (Biolink). Accordingly, 11 primary Koala trees are still to be removed and these will be replaced at the specified ratio of 3:1 consistent with the plan of management. The modification will actually result in a further two primary KFTs being provided bringing the total primary KFT offset plantings onsite to 35.

In accordance with clause 9 of this policy a plan of management applies to the land and Council staff are of the view that the modified proposal is not inconsistent with the approved plan of management.

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

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

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

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

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

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

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

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

The site is impacted by localised flooding stemming from the Wrights Creek catchment. The flood characteristics applicable to this site are detailed under the Wrights Creek Flood Study (2007). This flood study and model has been used as the basis of assessment of the development from a floodplain management perspective. The modification application was supported by a revised flood impact assessment prepared by GHD dated July 2019. The 2007 flood study and model has been used by the consultant to generate a localised TUFLOW model to assess both the impacts of the additional cabins within flood prone areas and evacuation of the site. The TUFLOW model has been updated by incorporating additional feature survey and localised floodplain details.

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

• Floor Level

• Flood Proofing

• Flood Impact on Other Properties

• Site Access and Flood Evacuation Requirements

The applicant has submitted a revised flood reports which aim to quantify the flood risk and flood impact that the development as proposed to be modified is likely to have on the floodplain. The flood report also aimed to assess the response and risk reduction measures in order to ensure that the prescriptive controls of the Flood Policy were met.

Council’s technical staff have reviewed the latest revisions of the flood impact assessment and are satisfied that the development as proposed to be modified will pose minimal impact on existing and proposed development and ensures the safety of future occupants and visitors of the development site would be achieved.

It is considered that the impacts of the modified development on the floodplain are manageable and that no adverse impacts will be experienced both on the subject site and on adjoining land. However, certain flooding conditions are recommended to be modified and added to ensure these impacts are managed in an appropriate manner.

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

No draft instruments apply.

(iii) Any Development Control Plan in force:

Port Macquarie-Hastings Development Control Plan 2013

Building setbacks

The side and rear setbacks to all villas as modified remain substantially the same. The proposed villas are of a scale and nature (i.e. similar to dwellings that only need a 900mm setback) that allows adequate natural light and ventilation between buildings and private open space areas.

Car parking

Off-street parking in accordance with Table 2.5.1:

o 1.1 per unit + 1 per 2 employees (onsite at any one time) + 1 for on-site manager.

The approved development was required to provide 138 spaces. The proposal as modified includes a reduction in total villas from 59 to 53. Therefore 6 x 1.1 = 6.6 spaces are no longer required to meet the parking requirements. A total of 132 spaces would be required to serve the modified proposal.

There are 61 existing basement parks under the apartment building and 9 existing visitor spaces along the entrance driveway and 63 new parking spaces proposed at grade. It is noted that 64 new spaces are illustrated however the parking space numbered 26 is a turning bay for the western carpark. A total of 133 usable spaces are proposed which satisfies the parking demand requirements.

Similar to the original design it is noted that the modified café and alfresco areas are only accessible and available for staying guests. No additional parking demand would be generated from this component.

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

No planning agreement has been offered or entered into.

iv) Any matters prescribed by the Regulations:

No matter prescribed by the regulations applicable to the modification.

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

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

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

There are no adverse impacts on existing view sharing and there are no adverse privacy impacts from the modified proposal

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

Flora and fauna

The modified proposal includes a change to one Koala offset tree planting location and removal of a Pine tree and Cottonwood tree within the riparian zone.

Advice from an ecologist supports the modified proposal, which specifically has regard to the singular change to a Koala offset tree planting location. The advice also supports the removal of the Pine tree and Cottonwood tree from the riparian zone with a recommendation to provide a further two Koala offset tree plantings within the space provided by the removal of these two trees.

The updated ecology advice re-affirms the conclusions of the original flora and fauna impact assessment in that the proposal as modified is unlikely to have any significant adverse impacts on any threatened flora and fauna species and that Species Impact Statements are not required.

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

Bushfire

The site is identified as being bushfire prone. In accordance with Section 100B of the Rural Fires Act, 1997, the application proposes development for a Special Fire Protection Purpose and is integrated development. The Commissioner has assessed the application and issued a Bushfire Safety Authority consisting of a series of conditions which form part of the consent conditions.

The modified proposal was supported by a further bushfire assessment report prepared by a certified consultant. The modified application and supporting bushfire assessment report were referred to the NSW Rural Fire Service. The RFS have issued a revised Bushfire Safety Authority consisting of a series of conditions which are recommended to form part of the consent conditions.

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

The proposal as modified will fit into the locality. Site constraints have been adequately addressed and appropriate conditions of consent recommended.

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

Four (4) written submissions have been received following public exhibition of the application.

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

Submission Issue/Summary	Planning Comment/Response
Koala offset plantings need to be located within a 10m radius of the Koala trees being removed. Koalas are regularly seen on the site.	The approved Koala Plan of Management does not require plantings to occur within 10m from trees being removed. The modified proposal is consistent with the approved Koala Plan of Management. Refer to comments under SEPP 44 heading of this report.
The whole development should be reviewed. There is already too many holiday lettings in Port Macquarie and there is no benefit to the local residents.	The development is already approved. The modification is not changing the use and this is not a relevant matter for consideration under the modification.
I cannot understand why Council has allowed such a development alongside the creek and last remaining wildlife and Koala corridors.	The impacts of the development on flora and fauna, including the Koala, were subject to assessment of the original application. The modification will actually provide two additional Koala offsets plantings in the riparian corridor.
It takes away the private/public access residents had to the doctor, public transport and amenities.	It assumed this is a reference to the previous informal pedestrian access once enjoyed through the site to Pacific Drive. This matter was subject to assessment under the original application. In summary a right of footway 1.5m wide exists through the property of No 55-56 Pacific Drive. Lot 331 DP828346 (i.e. the development lot) is the only beneficiary.

(e) The Public Interest:

The proposed development satisfies relevant planning controls and will not adversely 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 4.55 of the Environmental Planning and Assessment Act 1979.

The site is considered suitable for the proposed development and the proposal as modified 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 as modified provided in the attachment section of this report.

Attachments

1 View. DA2017 - 885.3 Draft Amended Consent

2 View. DA2017 - 885.3 Advice from KPoM author regarding modification

3 View. DA2017 - 885.3 Amended Flood Report

4 View. DA2017 - 885.3 Arboriculture Impact Assessment

5 View. DA2017 - 885.3 Bushfire Safety Authority conditions NSW RFS

6 View. DA2017 - 885.3 Ecologist advice regarding modification.PDF

7 View. DA2017 - 885.3 SOEE

8 View. DA2017 - 885.1 Current approved stamped site plan

9 View. DA2017 - 885.3 Modified Plans

10 View. DA2017 - 885.3 Contribution Estimate

Member	27/03/19	10/04/19	24/04/19	22/05/19	12/06/19
Paul Drake	P	P	P	P	P
Robert Hussey	P	A	P	P
David Crofts (alternate member)		P			P
Dan Croft (Group Manager Development Assessment) (alternates) - Director Development & Environment - Development Assessment Planner	P	P	P	P	P