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 28/08/2019

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 28/08/2019

Item: 05

Subject: DA2019 - 417.1 Secondary Dwelling - Lot 131 DP 834256, No 70 Bangalay Drive, Port Macquarie

Report Author: Building Surveyor, Michael Roberts

Applicant: B R Development Consulting Pty Ltd

Owner: J H & J J Gray

Estimated Cost: $100,000

Parcel no: 1113

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2019 - 417 for a Secondary Dwelling at Lot 131, DP 834256, No. 70 Bangalay Drive, Port Macquarie, be determined by granting consent subject to the recommended conditions for the following reasons.

Executive Summary

This report considers a development application for a Secondary Dwelling 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.

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 site has an area of 3336 sq. metres.

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:

· Proposed new secondary dwelling.

Refer to attachments at the end of this report.

Application Chronology

· 13 June 2019 - Application lodged.

· 19 June 2019 until 2 July 2019 - Public exhibition via neighbour notification.

· 27 June 2019 - Submission received.

· 16 July 2019 - Additional information request sent to applicant.

· 18 July 2019 - Applicant addressed additional information request.

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 was not identified as being potentially contaminated and is suitable for the intended use.

State Environmental Planning Policy (Coastal Management) 2018

The site is located within a coastal use area / coastal environment area.

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

Having regard to clauses 13 and 14 of the SEPP the proposed development is not considered likely to result in any of the following:

a) any adverse impact on integrity and resilience of the biophysical, hydrological (surface and groundwater) and ecological environment;

b) any adverse impacts coastal environmental values and natural coastal processes;

c) any adverse impact on marine vegetation, native vegetation and fauna and their habitats, undeveloped headlands and rock platforms;

d) any adverse impact on Aboriginal cultural heritage, practices and places;

e) any adverse impacts on the cultural and built environment heritage;

f) any adverse impacts the use of the surf zone;

g) any adverse impact on the visual amenity and scenic qualities of the coast, including coastal headlands;

h) overshadowing, wind funnelling and the loss of views from public places to foreshores;

i) any adverse impacts on existing public open space and safe access to and along the foreshore, beach, headland or rock platform for members of the public, including persons with a disability;

In accordance with clause 15, the proposal is not likely to cause increased risk of coastal hazards on that land or other land.

The bulk, scale and size of the proposed development is compatible with the surrounding coastal and built environment. The site is located within an area zoned for residential purposes.

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.

State Environmental Planning Policy (Affordable Rental Housing) 2009

Clause 20 - The site is in a prescribed zone and secondary dwellings are permissible with consent pursuant to the SEPP.

Clause 22(2) - The development would not result in there being a dwelling other than the primary dwelling and the secondary dwelling.

Clause 22(3) - The proposed secondary dwelling would not have a floor area exceeding 60m² and the combined floor area of the primary and secondary dwelling would not exceed the maximum permitted under the Port Macquarie-Hastings Local Environmental Plan 2011 (see comments below under LEP).

Clause 22(4) - It is noted that consent cannot be refused on the grounds of site area or parking.

Clause 24 - It is noted that the consent authority must not consent to a development application that would result in any subdivision of a lot on which development for the purposes of a secondary dwelling has been carried out.

The requirements of this SEPP are therefore satisfied.

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.

· Clause 2.3(1) and the R1 zone landuse table - The secondary dwelling is a permissible landuse with consent.

The objectives of the R1 zone are as follows:

o To provide for the housing needs of the community.

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

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

· Clause 2.3(2) - The proposal is consistent with the zone objectives as it is a permissible landuse and consistent with the established residential locality. The proposal will contribute to the range of housing options available.

· Clause 4.3 - The maximum overall height of the building above ground level (existing) is 4.5 m which complies with the standard height limit of 8.5 m applying to the site.

· Clause 4.4 - The floor space ratio of the proposal complies with the maximum 0.65:1 floor space ratio applying to the site.

· Clause 5.4 – Subclause (9) relates to secondary dwellings. The proposed secondary dwelling has been designed to comply with the total floor area provision of less than 60 square metres.

· 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, on-site sewage management/sewer infrastructure, stormwater drainage and suitable road access to service the development.

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

No draft instruments apply to the site.

(a)(iii) Any DCP in force

Port Macquarie-Hastings Development Control Plan 2013:

*DCP 2013: Dwellings, Dual occupancies, Dwelling houses, Multi dwelling houses & Ancillary development*
	Requirements	Proposed	Complies
3.2.2.1	Ancillary development: • 4.8m max. height • Single storey • 60m2 max. area • 100m2 for lots >900m2 • 24 degree max. roof pitch • Not located in front setback	Retaining wall appropriately located	Yes
3.2.2.2	Articulation zone.	No elements within the articulation zone.	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 is compliant with the minimum front setback requirements @ 23m.	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 @ 27m.	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 @ 2.5m. No adverse overshadowing will occur on neighbouring properties.	Yes
3.2.2.6	35m2 min. private open space area including a useable 4x4m min. area which has 5% max. grade	Both the primary and secondary dwelling each contain 35m² open space in one area including a useable 4m x 4m area.	Yes
3.2.2.10	Privacy: • Direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings. ie. 1.8m fence or privacy screening which has 25% max. openings and is permanently fixed • Privacy screen required if floor level > 1m height, window side/rear setback (other than bedroom) is less than 3m and sill height less than 1.5m • Privacy screens provided to balconies/verandahs etc which have <3m side/rear setback and floor level height >1m	The proposed elevated Deck has been screened from the adjoining property to the North by a 1.8m high privacy screen along the entire length. No Living Room windows are proposed along the northern elevation and bedrooms are high sill at 1.5m. The existing boundary fence also assists in maintaining privacy between the proposed secondary dwelling and adjoining properties. The development will not compromise privacy in the area for the reasons outlined above.	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 along road frontage	N/A
	Any retaining wall >1.0 in height to be certified by structure engineer	No retaining wall proposed >1m. However engineering details have been provided.	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	Two Coastal Banksia trees are proposed to be removed as they are located within the proposed building footprint. Both trees were inspected on site and no evidence of hollow bearing was evident.	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)	The two trees proposed to be removed will be within 3m of the proposed building. The removal will be permitted under the DA consent. The owner has agreed to undertake compensatory tree replanting on-site. This will form a Condition on the DA consent.	Yes
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater	Refer to main body of report.
2.5.3.3	Parking in accordance with Table 2.5.1. 1 space per single dwelling (behind building line). Parking for secondary dwelling optional.	1 or capacity for more than 1 parking space behind the building line has been provided for.	Yes
2.5.3.11	Section 94 contributions	Refer to main body of report.
2.5.3.12 and 2.5.3.13	Landscaping of parking areas	Development is for a secondary dwelling only with standard driveway. No specific landscaping requirements recommended.	N/A
2.5.3.14	Sealed driveway surfaces unless justified	Sealed driveway existing	N/A
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	No driveway works proposed	N/A
2.5.3.17	Parking areas to be designed to avoid concentrations of water runoff on the surface.	Development is for a secondary dwelling only with standard driveway. Stormwater drainage is capable of being managed as part of plumbing construction and Section 68 approval.	Yes

(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) Any matters prescribed by the regulations

(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

· The proposal will not have any significant adverse impacts on existing adjoining properties and satisfactorily addresses the public domain.

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

· 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 are no significant 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 not have any significant adverse impacts in terms access, transport and traffic. The existing road network will satisfactorily cater for any increase in traffic generation as a result of the development.

Water Supply Connection

Service available – Details required with section 68 application.

Sewer Connection

Service available – Details required with section 68 application.

Stormwater

Service available – Details required with section 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. The site is considered to be disturbed land.

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 not have any significant adverse impacts on water resources and the water cycle.

Soils

The proposed development will not 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 not result in any significant adverse impacts on the existing air quality or result in any pollution. Standard precautionary site management condition recommended.

Flora and fauna

Construction of the proposed development will require the removal of two Coastal Banksia trees - see photos below. They are located within the building footprint. The removal will be permitted under the DA consent. The owner has agreed to undertake compensatory tree replanting on-site. This has been included in the conditions of consent.

Photo 1 Banksia tree to be removed.

Photo 2 Banksia tree to be removed.

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

The construction of the proposed development will not result in any significant adverse impacts on the existing air quality or result in any pollution. Standard precautionary site management condition recommended.

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.

Social impacts in the locality

Given the nature of the proposed development and its location the proposal is not considered to have any significant adverse social impacts.

Economic impact in the locality

The proposal is not considered to have any significant adverse economic impacts on the locality. 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

Construction impacts are considered capable of being managed, standard construction and site management conditions have been recommended.

Cumulative impacts

The proposed development is not considered to have any significant 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

Following exhibition of the application in accordance with DCP 2013, one submission was received. Key issues raised in the submissions received and comments in response to these issues are provided as follows:

Submission Issue/Summary	Planning Comment/Response
Impact on outlook from front balcony and value of their property.	The proposed secondary dwelling has been positioned 23m from the front property boundary and behind a substantial cluster of vegetation. This will assist in screening the proposal from the objector’s balcony. Impact on property value is not a development assessment provision that Council can take into consideration.
Privacy from balcony	The balcony is located on the front façade of the objector’s house overlooking the street. The proposed balcony is setback a considerable distance from the objector’s balcony (approximately 35m) and screened by vegetation.
Removal of trees	Construction of the proposed development will require the removal of two Coastal Banksia trees. They are located within the building footprint. The owner has agreed to undertake compensatory tree replanting on-site. This has been included as a condition of consent. All remaining trees on-site will be preserved.
Traffic congestion in the access laneway	There is no access restrictions imposed on the existing laneway.
Limited visitor parking	The applicant has identified a dedicated carparking space behind the building line to service the secondary dwelling in accordance with the DCP provisions.
Damage to laneway during construction	The access laneway is privately owned and maintained by all benefited parties. Any damage resulting from construction is a civil matter to be resolved between all parties concerned.
Reducing area for rubbish bin collection	One waste service remains with the property.

Photo 3 View from objector’s driveway looking south west towards area of proposed Granny Flat.

(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

· 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 - 417.1 Recommended Conditions

2 View. DA2019 - 417.1 Plans

AGENDA Development Assessment Panel 28/08/2019

Item: 06

Subject: Section 4.55 Modification to DA2016 - 835.2 Alterations and Additions to Dwelling - Lot X DP 384377, No. 65 The Boulevarde Dunbogan

Report Author: Building Surveyor, Ross Frazier

Applicant: P M Meagher & F J Macalister

Owner: P M Meagher & F J Macalister

Estimated Cost: $ 6000.00

Parcel no: 23430

Alignment with Delivery Program

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

RECOMMENDATION

That Section 4.55 modification application to modify DA 2016 - 835.2 for alterations and additions to dwelling at Lot X, DP 384377, No. 65 The Boulevarde, Dunbogan, be determined by granting consent subject to the recommended amended conditions.

Executive Summary

this report considers a section 4.55 modification application relating to alterations and additions to an existing dwelling at the subject site. The modification specifically proposes to include a spa within an approved fish pond area.

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

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

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 733.5m².

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:

· Provision of an above ground spa to be located within the current approved fishpond area which is forward of the existing building line.

Refer to attachments at the end of this report.

Application Chronology

· Application lodged 24 May 2019

· Submission received on 12 June 2019.

· Email forwarded to Councils flood officer on 26 June 2019 for comments regarding location of spa and AHD requirements.

· Site inspection undertaken on 26 June 2019

· Email forwarded to applicant seeking additional information.

· Additional information received 2 July 2019

· Email forwarded to applicant on 2 July to address flood requirements

· Submission received 3 July 2019

· Submission received 5 July 2019

· Submission received on 15 July 2019

· Flood issues addressed by applicant 5 August 2019

3. STATUTORY ASSESSMENT

Is the proposal substantially the same?

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

The proposal is considered to be a S.4.55(1A) modification and is considered to remain substantially the same development to that which was originally lodged and consented to. The alterations and additions to the dwelling on the site remain unchanged as does the overall footprint of the development. The proposal seeks to include a spa within the originally approved fish pond area. This is considered to represent a minor ancillary addition to the approved development. The proposed modification is not considered to alter the fundamental ‘essence’ of the original development.

Are there any condition(s) of consent imposed by a Minister, government or public authority that require modification?

No.

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

Neighbour notification has been undertaken in accordance with the Port Macquarie-Hastings Development Control Plan 2013.

Any submissions made concerning the modification

The original application was notified to adjoining owners and no submissions were received. The modification sought being for the additional installation of the spa was not required to be notified under Council’s Development Control Plan. Notwithstanding this, four (4) written submissions have been received regarding 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
Location of the spa will make the passing public uncomfortable and is inappropriate in the proposed location	There is no dedicated footpath on this side of the street. A dedicated walkway is located on the adjacent side of the street allowing the passing public an optional route. This dedicated walkway follows the Camden Haven river and is considered a more favourable option for walkers.
Noise from motors during the running of the spa will be disturbing of the neighbourhood	The proposed spa is a self-contained unit. The manufacturer’s information indicates that the motors and housing complies with the acceptable noise levels for such equipment.
Noise resulting from the use of the spa will be disturbing for the neighbourhood.	The development is considered to be ancillary to residential occupation of the land. Any offensive noise caused by operating the spa can be regulated as a compliance matter, similar to all pools and spas in the local government area.
Loss of amenity to the general public from noise and visual intimidation.	The development is considered to be ancillary to residential occupation of the land. There is not considered to be any reasonable grounds to refuse the application on amenity impacts.
Existing untidy state of the front yard; unfinished building site	These comments do not form assessment criteria for the modification and are to be dealt with as a separate issue

Any matters referred to in section 4.15 relevant to the modification

Relevant matters relating to the modified aspects of the proposed are addressed below:

(a) 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 ancillary structure (spa) to a dwelling is a permissible landuse with consent.

The objectives of the R1 zone are as follows:

o To provide for the housing needs of the community.

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

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

· Clause 2.3(2) - The proposal is consistent with the zone objectives as it is a permissible landuse and consistent with the established residential locality. The proposal is considered to be a minor ancillary structure to an established dwelling.

· Clause 7.3 - The site is land within a mapped flood 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 application has been referred to councils flood officer for comment. AHD requirements for siting the spa above the 1 in 20 year flood level in accordance with Council’s flood policy have been recommended in conditions of consent. The proposal is not considered to have any significant adverse impact on, or be impacted by, floodwaters.

(c) 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 (pools/spas not included)	Development comprises a proposed above ground spa to be located in a previously approved fishpond area. Proposed spa is ancillary to the existing dwelling and is permitted forward of the building line.	Yes
	Front setback): • Min. 4.5m local road	Front building line setback for the existing dwelling is compliant with the minimum 4.5m front setback requirements. The proposed spa is setback 2.5m from the front boundary. The DCP is silent in relation to the setbacks for pools and spas however it is considered that the spa and surrounding glass barrier has a lessor impact than a fence that could be constructed up to 1.8m in height for a 6m length of boundary.	Considered acceptable
3.2.2.5	Side setbacks: • Ground floor = min. 0.9m	The spa is located greater than 900mm to the side boundaries (note the DCP is silent on pool/spa setbacks)	Considered acceptable
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 • 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	Existing glass barrier surrounding the fishpond area as previously approved and complies with the fencing standards	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	Location of the proposed spa is in the front open space area and is not considered likely to give rise to unacceptable privacy impacts on adjoining properties noting these areas are also adjacent to the road.	Yes

(d) 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 not have any significant adverse impacts on existing adjoining properties and satisfactorily addresses the public domain. Concerns have been raised that the use of the spa pool will have an adverse impact on the public domain. Council is unable to regulate the use of private residential open space. There are existing installations of a similar nature within the locality.

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. No proposed artificial lighting has been indicated.

There are no significant adverse privacy impacts. Privacy for adjoining properties has been raised, along with impacts of noise associated with the use of the spa. The proposed spa is a domestic unit which has the pumps and filtration equipment self-contained. The motors and noise emissions have been factory tested to comply with the recommended acceptable levels. In the event the spa was operated so as to cause offensive noise during sensitive night time periods this can be managed through enforcement under the Protection of Environment (Operations) Act 1997. This is not dissimilar to any other pool or spa in a residential setting.

Proposed changes to conditions

Refer to attached draft recommended consent with conditions subject to change being highlighted in red.

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

N/A.

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.

Attachments

1 View. DA2016 - 835.2 Recommended Modification of Consent

2 View. DA2016 - 835.2 Plans

AGENDA Development Assessment Panel 28/08/2019

Item: 07

Subject: DA2019 - 154.1 Demolition of Existing Dwelling and Construction of New Dwelling and Swimming Pool Lot 1 DP 612190 42 Lighthouse Road, Port Macquarie

Report Author: Development Assessment Planner, Benjamin Roberts

Applicant: K L Prados

Owner: K L Prados

Estimated Cost: $1,350,000

Parcel no: 19402

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2019 - 154 for demolition of existing dwelling and construction of new dwelling and swimming pool at Lot 1, DP 612190, No. 42 Lighthouse Road, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a demolition of existing dwelling and construction of new dwelling and swimming pool 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. This report recommends that the subject development application be approved subject to the conditions included in Attachment 1.

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 3578m².

The site is zoned E4 Environmental Living 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:

· Demolition of existing dwelling and tree removal

· Construction of new dwelling and swimming pool

Refer to attachments at the end of this report.

Application Chronology

· 11 March 2019 - Application lodged.

· 21 March to 3 April 2019 - Public exhibition via neighbour notification.

· 3 April 2019 - Additional information request. Site mapped as littoral rainforest under Coastal Management SEPP. Application is designated development. Environmental Impact Statement (EIS) and additional fees required.

· 2 May 2019 - Additional fees paid.

· 22 June 2019 - Environmental Impact Statement and revised plans received. Secondary dwelling and dog kennel removed from proposal.

· 4 July to 2 August 2019 - Re-exhibition as designated development via advertising and neighbour notification.

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument:

State Environmental Planning Policy No. 44 - Koala Habitat Protection

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

State Environmental Planning Policy No. 55 – Remediation of Land

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

State Environmental Planning Policy (Coastal Management) 2018

The site is partly mapped as littoral rainforest and within a proximity area to littoral rainforest under this policy.

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

In accordance with clause 10, the proposal is declared to be designated development. The application was accompanied by an Environmental Impact Statement (EIS) which is consistent with the issued Secretary’s Environmental Assessment Requirements (SEARs). A copy of the issued SEARs and EIS are provided as attachments to this report.

The application was also supported by a site vegetation assessment, prepared by Biodiversity Australia, dated 24 May 2019. The assessment concluded:

“that the vegetation does not comprise Littoral Rainforest as it lacks key floristic and structural attributes. Vegetation on adjoining land to the south is also unlikely to qualify as Littoral Rainforest at present, however it would have the potential to regenerate into Littoral Rainforest if weeds are removed.

It is recommended that the Coastal SEPP mapping layer is amended to remove the Littoral Rainforest mapping from both the subject site and the adjoining land to the south.”

In accordance with clause 11, the proposal will not significantly impact on:

(a) the biophysical, hydrological or ecological integrity of the adjacent coastal wetland or littoral rainforest, or

(b) the quantity and quality of surface and ground water flows to and from the adjacent coastal wetland or littoral rainforest.

In accordance with clause 15, the proposed development is not likely to cause increased risk of coastal hazards on that land or other land.

In accordance with clause 16, there is no certified coastal management program that applies to the land.

The bulk, scale and size of the proposed development is compatible with the surrounding coastal and built environment. The site is predominately cleared and located within an area with established residential properties.

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

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 E4 Environmental Living. In accordance with clause 2.3(1) and the E4 zone landuse table, the new dwelling and ancillary swimming pool is a permissible landuse with consent.

The objectives of the E4 zone are as follows:

o To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.

o To ensure that residential development does not have an adverse effect on those values.

· Clause 2.3(2) - The proposal is consistent with the zone objectives as it is a permissible landuse and demonstrated no adverse impact on ecological values.

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

· Clause 4.3 - The maximum overall height of the building above ground level complies with the standard height limit of 8.5m applying to the site. Refer to architectural plans with maximum building height envelope shown.

· 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.

(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	Rainwater tank is located behind building line. Swimming pool is generously setback 41m from the Pacific Drive boundary.	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	Pergola and swimming pool structures are within the front setback. The structures are well setback from the Pacific Drive boundary.	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.	No. The pergola appears to be a form of off-street parking similar to a carport. It is considered acceptable given the generous setback to Pacific Drive, existing vegetation and open nature of the structure.
	6m max. width of garage door/s and 50% max. width of building	Width of garage door is 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	3.035m rear setback is proposed. Consistent with the provisions the recused rear setback provides for north facing private open space which will achieve better solar access. Generous area available for private open space in the northern setback.	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 site slopes away from the east and having regard to the proposed cut and fill will present as single storey along the eastern boundary and two storey along the western boundary. The eastern side setback is 1.66m. The western side setback is 2m. The reduced western side setback is acceptable as given the block orientation no adverse overshadowing impact will result to the adjoining property at 188 Pacific Drive. 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	Detail of fencing not provided. Condition has been recommended requiring fencing details consistent with DCP be illustrated on building Construction Certificate plans.	Yes
3.2.2.8	Front fences and walls to have complimentary materials to context No chain wire, solid timber, masonry or solid steel front fences	Refer comments above.	Yes
3.2.2.10	Privacy: • Direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings. ie. 1.8m fence or privacy screening which has 25% max. openings and is permanently fixed • Privacy screen required if floor level > 1m height, window side/rear setback (other than bedroom) is less than 3m and sill height less than 1.5m • Privacy screens provided to balconies/verandahs etc which have <3m side/rear setback and floor level height >1m	The two storey component along the western boundary contains bedroom and bathroom windows only. The upper floor north facing terrace is within 3m of the western boundary. No privacy screen is illustrated. The adjoining property at 188 Pacific Drive has a pool and outdoor living area orientated east which is partly within a 12m radius of the proposed upper terrace. To protect privacy between these areas a condition has been recommenced requiring a privacy screen to the west facing part of the upper floor terrace.	Yes subject to the imposition of condition requiring privacy screen to west facing upper floor terrace. Subject to the imposition of the recommended condition the proposal will not compromise privacy in the area due to the generous building separation and orientation of primary living and outdoor areas to the north.

*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 of approximately 1.5m proposed.	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.	Yes Condition recommended to require engineering certification
	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	The Narrow-leaved Scribbly Gum was identified as containing some hollow bearing potential by the ecologist. The ecologist scored the tree as having a likely medium value of 12 in the hollow bearing tree assessment protocol. The ecologist noted the large dead branches and described the tree as looking dangerous. Consistent with the DCP provisions the ecologist recommends that if removed two replacement fauna nesting boxes ideally located on existing mature trees at the front of the property should be installed. The ecologist recommends these boxes be installed by an ecologist prior to removal of the tree and the tree removal also supervised by an ecologist.	The tree is in poor condition and is best characterised as dangerous. The best outcome would be for it to be removed and offsets measures be implemented as per the ecologist advice. Suitable conditions have been recommended.
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)	The Narrow-leaved scribbly gum is a tree identified in as a Koala food tree. The tree is identified as dangerous and is proposed to be removed.	Consistent with the plan compensatory Koala habitat trees shall be provided at a ratio of 2:1. Suitable area and locations exist on site to accommodate replants. Conditions have been recommended.
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 distributor roads.	N/A
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking	Driveway crossing minimal in width	Yes
2.5.3.3	Parking in accordance with Table 2.5.1. 1 space per single dwelling (behind building line)	Ample off-street parking is proposed.	Yes
2.5.3.11	Section 94 contributions	Refer to main body of report.	N/A
2.5.3.12 and 2.5.3.13	Landscaping of parking areas	Single dwelling only. 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. 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:

Demolition of buildings

Demolition of the existing dwelling onsite is capable of compliance with Australian Standard 2601-1991: The Demolition of Structures.

(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. The adjoining dwelling to south (12 Daintree Lane) is setback approximately 20m from the boundary. The 20m setback is well vegetated with mature trees. The removal of the single Narrow-leaved scribbly gum from the rear of the property will not result in any adverse privacy impacts.

There is no adverse overshadowing impacts. The adjoining dwelling to south (12 Daintree Lane) is setback approximately 20m from the boundary. 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

A new driveway is proposed in the south-western corner of the property directly onto Pacific Drive. This new driveway formed part of a previous application for alterations and additions to the existing dwelling that was approved 13 November 2018. A survey report and Arborist report supported this application, which subject to recommendations validated retention of a large Blackbutt tree within the Pacific Drive road reserve close to the new driveway. Conditions have been recommended (that were applied to the prior consent for alterations and additions) requiring tree protection for driveway works near the Blackbutt tree and a change to the title restriction, which currently prohibits direct vehicular access to Pacific Drive. It is also recommended the prior consent (DA2018/489) be surrendered prior to issue of any building construction certificate to ensure no conflict between consents.

The proposal will be unlikely to have any adverse impacts in terms access, transport and traffic.

Water Supply Connection

Service available. Details required with section 68 application.

Sewer Connection

Service available. Details required with section 68 application.

Stormwater

There is no stormwater infrastructure available for direct connection. Given the property size and available area, stormwater is capable of being managed on site. A stormwater management plan is required to accompany the section 68 application to confirm collection, detention and disposal treatment methods.

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 some exotic/ornamental plants and one Narrow-leaved Scribbly Gum in the south-eastern corner of the site. The Biodiversity Offset Scheme does not apply for the following reasons:

· The land wasn’t identified on the Biodiversity Values Map at the time the application was made;

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

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

The application was supported by a site vegetation assessment, prepared by Biodiversity Australia, dated 24 May 2019. The onsite assessment concludes:

It is recommended that the Coastal SEPP mapping layer is amended to remove the Littoral Rainforest mapping from both the subject site and the adjoining land to the south.”

This advice also formed part of the correspondence sent to the Department when seeking the Planning Secretary’s Environmental Assessment Requirements (SEARs). It is noted that the SEARs issued by the Department have no specific requirements surrounding flora and fauna impacts. A copy of the issued SEARs is provided as an attachment this report.

The Narrow-leaved Scribbly Gum while recognised as dangerous does contain some hollowing bearing potential. Refer to comments in DCP table earlier within report.

Subsequent advice from the ecologist has confirmed that this tree is likely to have low habitat value and that its removal should be offset by the installation of two nest boxes within the existing mature eucalypts at the front of the property. The ecologist also recommends the nest boxes be installed by an ecologist prior to removal of the tree and that the tree removal be supervised by an ecologist. In addition and consistent with the DCP provisions two compensatory Koala food trees are to be provided on the site. Suitable conditions have been recommended.

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 Bushfire Attack Level (BAL) certificate prepared by a qualified professional.

A review of the certificate and 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 19 shall be required.

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

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.

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 (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
The setback to the rear boundary is too close and should be increased by a further 2m and established as a green buffer zone.	Refer to DCP table and comments. The dwelling setback of 3.035m is considered acceptable.
Responsibility for trimming vegetation on the common boundary.	Any existing or proposed vegetation removal or pruning is subject to the provisions of the adopted Development Control Plan 2013. The Trees (Disputes between neighbours) Act 2006 covers any disputes between neighbours involving trees.
There have been numerous complaints from neighbours regarding barking dogs at night. It is requested the proposed kennel be relocated north of the dwelling.	The kennel is no longer proposed under this application.
It is requested that the large gum tree proposed to be removed be retained. It provides privacy and is part of the local Koala habitat. If this is not possible then replacement plantings should be undertaken.	Refer to comments in flora and fauna and DCP table section of this report. Two nest boxes have been recommended by the ecologist to be provided onsite. Two replacement Koala tree plantings shall also be required consistent with DCP 2013 provisions. No adverse privacy impacts would result from the tree removal that would warrant refusal of this application.
It is requested that the rainwater tank abut the wall of the proposed building as opposed to being on the boundary fence.	The rainwater tank is setback over 1m from the rear boundary which complies with the minimum 900mm setback requirement.

(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

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.

Attachments

1 View. DA2019 - 154.1 Recommended Draft Conditions

2 View. DA2019 - 154.1 Environmental Impact Statement

3 View. DA2019 - 154.1 Email Steggall - Scribbbly Gum Tree - HBT Potential and Recommended Nest Box Offsetting

4 View. DA2019 - 154.1 Ecology Advice - Vegetation Classification - Will Steggall

5 View. DA2019 - 154.1 SEARs Local Secretary - Environmental Assessment Requirements

6 View. DA2019 - 154.1 Plans

AGENDA Development Assessment Panel 28/08/2019

Item: 08

Subject: DA2019 - 463.1 Dwelling - Lot 33 DP 552382, No. 2 Bell Street, Dunbogan

Report Author: Building Surveyor, Ross Frazier

Applicant: R V & L G Turunen

Owner: R V & L G Turunen

Estimated Cost: $461,500

Parcel no: 1716

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2019 - 463.1 for a dwelling at Lot 33, DP 552382, No. 2 Bell Street, Dunbogan, be determined by granting consent subject to the recommended conditions

Executive Summary

This report considers a development application for a [description of development] 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.

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

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 543.8m².

The site is zoned R 1 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:

· Demolition of existing cottage and construction of new 2 storey dwelling with attached garage

Refer to attachments at the end of this report.

Application Chronology

· Application lodged with council on 27/6/2019

· Internal referral to council flood officer for flood comments 2/7/2019

· Email forwarded to applicant clarify flood requirements to be addressed on amended plans 9/7/2019

· Additional information to address flood issues received 15/7/2019

· Notification period completed 25/7/2019

· Submission via e-mail received on 31/7/2019

· Site inspection completed 31/7/2019

· Email to applicant via draftsman to address plan corrections and justifications for DCP variations 12/8/2019

· Plan corrections received 12/8/2019

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument