Agenda of Development Assessment Panel

AGENDA Development Assessment Panel 11/09/2019

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 11/09/2019

Item: 05

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.

The application was considered by Council’s Development Assessment panel (DAP) on 28 August 2019 where it was resolved:

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 deferred to address the following:

1. A stormwater management plan is required demonstrating that the development satisfactorily manages stormwater on the site and that the proposal will not be adversely impacted by the stormwater overland flow path traversing the property or causes adverse impacts on neighbouring properties.

2. The dwelling be designed to provide for a rear setback complying with the provisions of the Port Macquarie-Hastings Development Control Plan 2013.

Subsequent to the DAP meeting, the proponent’s architect meet with Council’s Senior Stormwater Engineer on site to discuss a proposed stormwater management strategy. Following this, a stormwater management plan and a revised site plan providing for a 4m rear building setback has been submitted (attached). The stormwater management plan has been assessed by Council’s Senior Stormwater Engineer who has advised that the plan is acceptable in principle and that ‘no objections are raised towards the proposal from a stormwater perspective subject to the submission of detailed plans and calculations andS.68 stage.’ Refer to additional stormwater comment in the report.

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.

· 28 August 2019 - application considered by DAP and deferred for further information.

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

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

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument:

State Environmental Planning Policy No. 44 - Koala Habitat Protection

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

State Environmental Planning Policy No. 55 – Remediation of Land

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

State Environmental Planning Policy (Coastal Management) 2018

The site is partially 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

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

Port Macquarie-Hastings Local Environmental Plan 2011

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

· Clause 2.2 - The subject site is zoned 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. Alternatively, increasing the planter box to achieve a minimum width of 1.8m will provide sufficient privacy.	Yes subject to the imposition of condition requiring privacy screen to west facing upper floor terrace or increasing the width of the planter box to a minimum of 1.8m 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 that the prior consent (DA2018/489) be surrendered prior to issue of any building construction certificate to ensure there is 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 to the development.

Following the DAP resolution on 28 August 2019 to provide more information on stormwater management, the proponent’s architect met with Council’s Senior Stormwater Engineer on site. It was determined that an overland flow path was required around/through the site to allow for the conveyance of stormwater runoff from the natural gully traversing the site. In addition, the method via which stormwater flows flowing within the gully needed to be managed in such a way to not increase the volume, rate or location of discharge into the lower section of the gully on the adjoining downstream property.

Amendments have been proposed to the site plan to set the proposed dwelling 4m clear of the rear boundary, with a swale to be provided around the dwelling. The swale would be at a level sufficiently lower than the floor levels of the dwelling and would be shaped to intercept the gully at its upstream end, and provide a clear overland flow path around the dwelling to where it ultimately terminated at the location where the existing gully meets the adjoining downstream property. In regards to the formation of the swale, the proponent is proposing to provide a series of inlet pits and interconnected stormwater pipelines within the swale to capture and convey flows from the upstream gully. The rationale for this is that it would make the area more useable for the landowner. The swale would realistically therefore only carry water if the pits were to block.

Given that the proposal would result in the capture of runoff from the upstream gully into a piped drainage system, it would not be appropriate to simply discharge that runoff onto the adjoining downstream property, as the resultant flows would likely be faster flowing and of a greater volume (as a result of lower friction in the pipe vs overland and no infiltration). Hence, the proponent is proposing to divert these piped flows to some detention tanks, which would slow the flow of runoff, prior to splitting the resultant discharge to two soak away pits:

· One located at the Pacific Drive frontage (servicing the majority of flows from the detention tanks) from where surcharge could be directed to the street drainage system, and

· A second pit acting as an overflow from the detention system located within the lower portion of the gully traversing the site - from where discharge would drain overland through the gully and adjoining property.

Subject to detailed design and modelling at S.68 stage, the proposal would result in a lessening of the volume of runoff entering the natural gully traversing the adjoining downstream property, whilst also providing for the safe conveyance of stormwater flows from the upstream gully through the site.

The proposed drainage strategy is acceptable in principle and no objections are raised towards the proposal form a stormwater perspective subject to the submission of detailed plans and calculations at S.68 stage.

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

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:

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.

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 - 154.1 - Recommended 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 DA Plans.

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

AGENDA Development Assessment Panel 11/09/2019

Item: 06

Subject: DA2018 - 365.1 Demolition of Dwelling and Erection of New Dwelling and Shed - Lot 4 DP 538813, No 160 Settlement Point Road, Port Macquarie

Report Author: Building Surveyor, Michael Roberts

Applicant: D G Chapman

Owner: D G Chapman

Estimated Cost: $550,000

Parcel no: 22055

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2018 - 365.1 for the demolition of existing Dwelling, construction of a new Dwelling, Shed and Earthworks at Lot 4, DP 538813, No. 160 Settlement Point Road, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for the demolition of existing dwelling, construction of a new dwelling, shed and earthworks 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, eight (8) submissions have been received. This report recommends that the development application be approved subject to the conditions included attached.

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 6709m².

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:

· Demolition of existing Dwelling, construction of a new Dwelling, Shed and Earthworks.

Refer to attachments at the end of this report.

Application Chronology

· 21 May 2018 - Application lodged.

· 25 May 2018 - Council received a customer request regarding unauthorised fill material being placed on the site. Compliance action commenced requiring any contaminated fill material to be removed and appropriate sediment control measures to be installed. Contaminated fill material subsequently removed from site.

· 29 May 2018 - 11 June 2018 - Public exhibition via neighbour notification.

· 12 June 2018 - Submissions received and compiled.

· 25 June 2018 - Additional information request sent to applicant.

· 31 August 2018 - Initial draft Flood Study submitted.

· 31 August 2018 -19 July 2019 - Additional information items being addressed.

· 19 July 2019 - All additional information received and amended plans submitted.

· 24 July 2019 - 6 August 2019 - Public re-exhibition via neighbour notification.

· 7 August 2019 - Submissions received and compiled.

· 30 August 2019 - DAP meeting notification issued.

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument:

State Environmental Planning Policy No. 44 - Koala Habitat Protection

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

State Environmental Planning Policy No. 55 – Remediation of Land

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

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

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

State Environmental Planning Policy (Coastal Management) 2018

The site is located within a coastal use, coastal environment area, the proximity area for coastal wetlands and the proximity area for littoral rainforests.

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

Having regard to clause 11 of the SEPP the proposed development is not considered to significantly impact on any of the following:

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.

Having regard Clauses 13 and 14 of the SEPP, the consent authority must be satisfied that the development has been designed, sited and will be managed to minimise any impact on a Coastal environment and Coastal use area. The proposed development is not considered likely to result in any adverse impacts on the following:

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

b) coastal environmental values and natural coastal processes;

c) the water quality of the marine estate (within the meaning of the Marine Estate Management Act 2014), in particular, the cumulative impacts of the proposed development on any of the sensitive coastal lakes identified in Schedule 1;

d) marine vegetation, native vegetation and fauna and their habitats, undeveloped headlands and rock platforms;

e) 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;

f) Aboriginal cultural heritage, practices and places;

g) the use of the surf zone;

h) existing, safe access to and along the foreshore, beach, headland or rock platform for members of the public, including persons with a disability;

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

j) the visual amenity and scenic qualities of the coast, including coastal headlands;

k) Aboriginal cultural heritage, practices and places;

l) cultural and built environment heritage; and

The consent authority must be satisfied that if any impact cannot be reasonably avoided that the development is designed, sited and managed to minimise that impact.

The applicant has submitted a report addressing the provisions of the SEPP (Coastal Management) 2018. The report was prepared by GEM Planning Projects on the 2^nd April 2019. The outcome of the report are summarised below:

“The proposal does not directly impact the surface level or vegetation of the area mapped coastal wetland area. Nor does it significantly impact the hydrological integrity of the mapped wetland area, land mapped in proximity to coastal wetland or land mapped in proximity to littoral rainforest.

The design of the filling and surface water management by Flume Engineering has purposely sought to ensure no net change to the hydrology of the mapped area. The design ensures stormwater quality and flows are acceptable by integrating a multiple rock check dams along a centrally located grass swale drain as well as rock lined level spreader designed to dissipate any remaining flow velocity. The discharge location is 10m clear of the mapped wetland boundary.

Existing ground cover adjacent the mapped ‘coastal wetland’ is managed grass and grass cover is to be re-established over the proposed fill as soon as practical.

Clean fill to be used ensuring that no contaminants or leachate would enter the mapped ‘wetland’ area.

Sediment & erosion control fencing to be maintained along the perimeter of the toe of the fill, a minimum of 5m clear of the mapped ‘coastal wetland’ boundary until such time as sufficient grass cover is established. Refer to Erosion & Sediment Control Plans submitted with the DA.

The modest increase in the site impervious area is addressed by way of on-site detention rainwater tank (8kL dual compartment) and on site detention swale at the rear of the dwelling.

Water quality measures and level spreader arrangement are proposed to disperse the piped flow back to natural sheet regime.

As mentioned above, it is proposed to place clean fill and ensure grass cover is established as soon as practical and as such no impacts on groundwater quality or percolation (quantity) is anticipated. There are no development elements identified that would be expected to interrupt or otherwise disturb the water table.

It is considered reasonable to acknowledge that the subject land has existing use rights for the residential use of the whole of the site. Further, the proposed reconstruction of a dwelling and ancillary elements in the dwelling curtilage for minor filling, sheds and gardens were typical of the nature of residential occupancy in this location prior to the introduction of the SEPPs and would reasonably constitute a continuance of that use.”

The applicant engaged the services of Flume Engineering to conduct a Stormwater Management Assessment for the development proposed. The design detailed how stormwater would be captured, managed and dispersed on-site to minimise potential impacts on the adjoining environmentally sensitive areas.

The applicant has adequately addressed the provisions of the State Environmental Planning Policy (Coastal Management) 2018 and will be implementing control measures to minimise any potential impacts as a result of the proposed development. These measures are detailed above and will be implemented under the development consent. Conditions of consent have been recommended to ensure such measures are complied with during and post construction until the site becomes established.

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 R1 General Residential. In accordance with clause 2.3(1) and the R1 zone landuse table, the dwelling (or ancillary structure 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 will contribute to the range of housing available in the local government area.

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

· Clause 4.3 - The maximum overall height of the building above ground level (existing) is 7.5m which complies with the standard height limit of 8.5m applying to the site.

· Clause 4.4 - The floor space ratio of the proposal is 0.09:1.0 which complies with the maximum 0.65:1 floor space ratio applying to the site.

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

· Clause 7.1 - The site is mapped as potentially containing class 3 acid sulfate soils. The proposed development includes some excavation for dwelling footings, however no excavation extending 1m below the natural surface level is proposed, therefore no adverse impacts are expected to occur to the acid sulphate soils found on site.

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

- Replacement dwellings are permitted in Flood Storage areas under Council’s Policy.

- The 1:100 year (including climate change) flood level for this site is RL3.08m AHD. Under the Flood Policy all habitable FFL’s must be at or above 3.58m AHD, being the 1:100 year flood level plus 500mm freeboard. The proposed development exceeds this level and is therefore acceptable.

- All enclosed garages and sheds must have a FFL which is at or above the 1:20 year flood level. For this site, the 1:20 year flood level is RL2.32m AHD. The proposed development meets the required FFL level and is therefore considered acceptable.

- As the site is hydraulically classified as flood storage, any filling or land reshaping is required to be supported by a Flood Impact Assessment. A flood study was compiled and submitted by Flume Engineering to support the application. The flood study is considered to be acceptable and satisfactorily demonstrates that the proposal will not have a significant impact on, or be impacted by, floodwaters

- Conditions of consent have been provided by Council’s Flood Engineer to ensure compliance with Council’s Flood Policy. These conditions must be satisfied prior to the issue of a Construction Certificate.

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

No draft instruments apply to the site.

(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 • 100m2 for lots >900m2 • 24 degree max. roof pitch • Not located in front setback	The shed does not comply with the 100m2 GFA and height controls. Proposed GFA = 150m². Proposed height - 5.68m + 1.32m (Fill) = 7m above NGL at highest point. It is not located in the front setback.	No
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	Front fence & staircase permissible within the articulation zone.	Yes
3.2.2.2	Front setback (Residential not R5 zone): • Min. 6.0m classified road • Min. 4.5m local road • Min. 3.0m secondary road • Min. 2.0m Laneway	Front building line setback is compliant with the minimum required 4.5m front setback. Proposed 5m front setback to local road.	Yes
3.2.2.3	Garage 5.5m min. and 1m behind front façade. Garage door recessed behind building line or eaves/overhangs provided	The open carport is proposed 1.55m setback from the front wall of the building. However due to the orientation of the front boundary there is a minor encroachment into the required 5.5m garage setback requirement. The encroachment exists at the north western corner of the carport where it reduces down to 5m at its closest point. This encroachment exists for a length of 5m or approximately 20% of the street frontage. The garage door setback is setback a further 5m from the carport alignment.	No
	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/s width are 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 following setbacks are proposed. Dwelling: East - 5m West - 1.3m however no adverse overshadowing. Shed setbacks: East - 47m West - 7m The building wall articulation is satisfactory to address the objective intent of the development provision.	Yes No
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: • 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	Front fence proposed. Height - 1.8m. Length - 10m or 41%. 25% openings proposed.	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		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	No direct views between living areas of adjacent dwelling to the East. The existing neighbouring dwelling contains upper & lower floor windows however these windows do not serve any primary indoor living spaces. The proposed front patio does not overlook living rooms and private open space areas, and is predominantly enclosed. No privacy screens are recommended. The western elevation of the proposed development contains Bedroom & Bathroom windows. The proposed front and rear Decks are setback less than 3m and have a floor level >1m. The applicant has proposed to install a 1500mm high privacy screen on both elevated Decks to satisfy these provisions.	Eastern Elevation - Yes Western Elevation – Yes
3.2.2.11	Roof terraces	None proposed	N/A
3.2.2.13 onwards	Jetties and boat ramps	None proposed	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 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	Minor retaining works proposed either side of driveway ramp but <1m high in frontage area.	Yes
	Any retaining wall >1.0 in height to be certified by structure engineer	Where any retaining walls >1m will require Engineering with Construction Certificate.	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 trees proposed to be removed	N/A
2.6.3.1	Tree removal (3m or higher with 100m diameter trunk at 1m above ground level and 3m from external wall of existing dwelling)	No trees proposed to be removed	N/A
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater	Refer to main body of report.
2.5.3.2	New accesses not permitted from arterial or distributor roads	No new access proposed to arterial or 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 – Roads Act 138 submitted
2.5.3.3	Parking in accordance with Table 2.5.1. 1 space per single dwelling (behind building line)	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	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	N/A – R138
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

The proposal seeks to vary Development Provision relating to Clauses 3.2.2.1, 3.2.2.3 and 3.2.2.5.

The relevant objectives are:

Clause 3.2.2.1

o To facilitate and sustain certain development as ancillary development.

Clause 3.2.2.3

o To minimise the impact of garages and driveways on the streetscape, on street parking and amenity.

o To minimise the visual dominance of garages in the streetscape.

Clause 3.2.2.5

o To reduce overbearing and perceptions of building bulk on adjoining properties and to maintain privacy.

o To provide for visual and acoustic privacy between dwellings.

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

Clause 3.2.2.1

The proposed shed is required to be built at or above the 1 in 20 Flood Level - 2.32m AHD. To achieve the required floor level the flood mound will require approximately 1.2 - 1.3m of fill. The shed ridge height is proposed at 5.7m therefore the overall shed height above existing ground level will be approximately 7m above natural ground level.

The gross floor area (GFA) of the proposed shed exceeds the maximum permissible floor area by 50m². The shed was initially proposed at a 200m² and subsequently reduced down to 150m² to minimise visual dominance and be consistent with other sheds built within the Settlement Point area.

The western boundary setback has also been increased from 3m to 7m. The shed will also maintain a generous setback of 26m to the northern boundary.

With consideration to the above changes, Council is satisfied that the proposed shed complies with the intent and objectives of Clause 3.2.2.1.

The proposed shed is appropriately setback from side boundaries and does not result in any adverse overshadowing, view impact or privacy issues. The siting of the shed has effectively minimised the perceived bilk and scale of the structure from adjoining properties and the public domain.

Clause 3.2.2.3

The proposed open carport fronting Settlement Point Road encroaches within the front setback for 20% of the frontage. The solid garage front wall is setback a further 5m behind the carport alignment. This encroachment is considered minor and will not create a visual dominance of garages in the streetscape.

Clause 3.2.2.5

This provision requires building walls to be articulated by 500mm at least every 12m. The proposed development includes walls that exceed this requirement however the inclusion of window openings and contrasting external cladding materials assist to break up the perception of long walls and building bulk.

Based on the above assessment, the variations proposed to the provisions of the DCP are considered acceptable and the relevant objectives have been satisfied. Cumulatively, the variations do not amount to an adverse impact nor are they of a significance that would justify refusal of the application.

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

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

(iv) The Regulation

NSW Coastal Policy 1997

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

Demolition of buildings AS 2601 – Clause 92

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

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

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 not have any adverse impacts in terms access, transport and traffic. The existing road network will satisfactorily cater for any increase in traffic generation as a result of the development.

Water Supply Connection

Service available – details required with S.68 application.

Sewer Connection

Service available – details required with S.68 application.

Stormwater

The owner engaged the services of Flume Engineering to compile an on-site stormwater management design and report. This report has been reviewed by Council’s Stormwater Engineering section and appropriate conditions of consent have been included in the development consent. These conditions must be satisfied prior to the issue of a Section 68 approval and subsequent Construction Certificate release.

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

Water cycle

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

Soils

Air and microclimate

Flora and fauna

Construction of the proposed development will be unlikely to have any significant adverse impacts on biodiversity or threatened species of flora and fauna for the following reasons:

· Development will not require any removal/clearing of any significant vegetation,

· No soil disturbance is permitted within close proximity to the mapped coastal wetlands area at the rear of the site. The plans submitted show a 5m exclusion zone from this sensitive area.

· A condition of consent has been imposed to ensure the exclusion zone is demarcated on site prior to any works commencing and shall be maintained for the duration of works.

· A condition of consent has been imposed requiring erosion and sediment controls to be installed and maintained until the site is stabilised with permanent vegetation cover.

· A condition of consent has been imposed ensuring appropriate dust control measures are implemented.

· Flume Engineering have prepared an on-site stormwater management design to capture and control the dispersion of stormwater from the site.

With consideration to the above comments and conditions of consent, Part 7 of the Biodiversity Conservation Act is considered to be satisfied.

Waste

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

Energy

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

Noise and vibration

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

Bushfire

The site is identified as being bushfire prone.

The Applicant has submitted a bushfire report prepared as a self-assessment.

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 12.5 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

Social impacts in the locality

Given the nature of the proposed development and its’ location the proposal will not 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.

Construction

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

Cumulative impacts

The proposed development will not 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 of bushfire and flooding have been adequately addressed and appropriate conditions of consent recommended.

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

The DA proposal was advertised during the following dates:

Initial advertising period - 29/05/2018 until 11/06/2018.

Following exhibition during these dates, four (4) submissions were received.

Additional advertising period - 24/07/2019 until 06/08/2019.

Following exhibition during these dates, a further four (4) submissions were received.

In total, Eight (8) written submissions have been received following the two periods of 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
The large size of the proposed dwelling and its appearance will detract from the local streetscape character.	The proposed dwelling has been designed to meet the required FSR and height controls of PMH LEP 2011. The size and appearance is consistent with other dwellings in the locality.
Impact of the proposed fill and buildings on the surrounding floodplain and hydrology of the area. Potential to alter natural overland flows leading to floodwater concentrating and re-directing onto adjoining properties.	The applicant engaged the services of Flume Engineering to compile a site specific Flood Study and Stormwater Management Assessment. Both reports have been reviewed by Council’s Flood and Stormwater Engineer’s with appropriate conditions of consent being imposed.
Fill areas, quantities and levels not clearly shown on plan.	A site survey has been undertaken by Coastal Survey Solutions to give accurate existing ground levels to AHD. This has been provided to assist in determining appropriate grading of the site to ensure effective overland flow and stormwater management in accordance with the flood and stormwater studies submitted. The fill heights have been provided for the proposed dwelling, shed, garden bed and access ramps. The remainder of the site (excluding Coastal SEPP area) has been flood modelled for up to 0.3m of fill. The amount of fill will vary depending on contours and site topography. A condition of consent has been recommended to ensure fill depth does not exceed 0.3m over the natural ground surface (excluding proposed buildings and garden bed) prior to the unapproved fill being imported to the site.
Impact of the proposal on the State protected flora and fauna sites nearby – Coastal Wetland and Littoral Rainforest.	The applicant has addressed the provisions of State Environmental Planning Policy (Coastal Management) 2018 to the satisfaction of the consent authority. See earlier comments in this report.
Impact of proposal on threatened fauna species - koalas and birds. Environmental Impact Statement (EIS) should be submitted.	There is no Koala Plan of Management (KPoM) that exists over this site. The requirement to provide an EIS is not triggered under the EP&A Act. Appropriate control measures will be implemented during construction to minimise impact on adjacent sensitive wetlands. Refer to conditions of consent.
Dumping of contaminated fill material and without first obtaining DA consent.	Compliance action was initiated following the unauthorised importation of fill on-site. The owner was directed to remove contaminated fill material and implement measures to control erosion and sediment dispersion. This matter was resolved to the satisfaction of Council.
Concerns over the intended use of the proposed dwelling.	The application is for the construction of a residential dwelling. Consent conditions have been imposed relating to the occupation of the dwelling for permanent residential use and not for short term tourist and visitor accommodation.
Presence of asbestos in existing building and dust pollution during demolition.	Consent conditions have been recommended relating to demolition, asbestos removal and dust suppression.
The shed will be used for residential occupation and commercial use.	Condition of consent recommended ensuring the shed must not be utilised for habitable, commercial or industrial purposes.
The raised access road should be removed.	The access road shall not exceed 0.3m in depth and must be graded to prevent overland flow being concentrated and re-directed onto the adjoining property. A condition of consent has been recommended requiring a stormwater drainage design to be submitted confirming this prior to the issue of a Construction Certificate.
Work outside normal construction hours.	Standard condition of consent recommended restricting hours - Condition (A009).
Detailed Statement of Environmental Effects (SoEE) should be required.	The original standard SoEE provided did include inaccuracies however all matters have subsequently been addressed to the satisfaction of the consent authority.

(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 - existing residential lot/dwelling

Additional Comments

88B Instrument

Site inspection photographs

Picture 1. Existing dwelling & driveway looking North West.

Picture 2. Neighbouring dwelling looking West.

Picture 3. Neighbouring dwelling looking North East.

Picture 4. Existing fill material looking East.

Picture 5. Fill material & wetland looking South East.

Picture 6. Existing driveway fill looking North West.

5. CONCLUSION AND STATEMENT OF REASON

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

Attachments

1 View. DA2018 - 365.1 Recommended Conditions

2 View. DA2018 - 365.1 Plans

3 View. DA2018 - 365.1 Flood Risk & Impact Assessment

4 View. DA2018 - 365.1 Stormwater Management Assessment

5 View. DA2018 - 365.1 Bushfire Assessment

6 View. DA2018 - 365.1 SEPP (Coastal Management) 2018 assessment

7 View. DA2018 - 365.1 BASIX Certificate

AGENDA Development Assessment Panel 11/09/2019

Item: 07

Subject: DA2018 - 507.1 3 Lot Subdivision including Clause 4.6 Variation to Clause 4.1 (Minimum Lot Size) of Port Macquarie Hastings Local Environmental Plan 2011 - Lot 41 and Lot 42 DP 75403 and Lot 8 DP 114360, No. 434 and 440 Herons Creek Road, Herons Creek

Report Author: Development Assessment Planner, Steven Ford

Applicant: J R & K M McCarron C/- Beukers and Ritter Consulting

Owner: J R & K M McCarron

Estimated Cost: $0

Parcel no: 61934, 16853, 30230

Alignment with Delivery Program

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

RECOMMENDATION

That the Development Assessment Panel (DAP) endorse the report of the Development Assessment Planner and recommended to Council that DA 2018/507 for a 3 Lot Subdivision including a clause 4.6 variation of clause 4.1 (minimum lot size) of the Port Macquarie Hastings Local Environmental Plan 2011 at Lots 41 & 42 DP 754403 and Lot 8 DP 114360, No. 434 & 440 Herons Creek Rd, Herons Creek, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for a 3 Lot Subdivision including a clause 4.6 variation of clause 4.1 (minimum lot size) of the Port Macquarie Hastings Local Environmental Plan 2011 at the subject site and provides an assessment of the application in accordance with the Environmental Planning and Assessment Act 1979. The proposed variation seeks a 62% and 35% variation to the 2000m² lot size standard applying to the site. As this variation is greater than 10% the matter must be determined by the Council in accordance with Planning Circular PS 18-003.

Following exhibition of the application, no submissions were received. This report recommends that the development application be endorsed by the DAP subject to the conditions included attached and recommended to Council for approval.

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has a total area of 4,223m².

The site is zoned RU5 Village 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:

· Re-subdivision of existing 3 lots into 3 Lots so as to result in each of the existing dwellings being located on a separate lot

· Demolition of existing shed

· Council records indicate that all existing dwellings are lawfully established

· No new dwellings are proposed

Refer to attachments at the end of this report.

Application Chronology

· 16/7/2018 - Application Received

· 18/7/2018 - Request for additional information regarding Clause 4.6 variation, additional plans for alterations to buildings on proposed Lot 3.

· 20/7/2018 to 2/8/2018 - Public Notification

· 24/7/2018 - Bushfire Hazard Assessment received

· 26/9/2018 - Update request regarding additional information requested

· 17/10/2018 - Comments and conditions received from the NSW Rural Fire Service

· 17/7/2019 - Clause 4.6 variation report and revised plans received

· 23/7/2019 to 5/8/2019 - Public Re-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

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

The Department of Planning and Infrastructure’s Circular No. B35, Section 1.5 states that “In relation to affected development applications 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 has demonstrated that no habitat will be removed or modified therefore.

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.

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 RU5 Village.

· Clause 2.3(1) and the RU5 zone landuse table - The residential subdivision is a permissible landuse with consent.

The objectives of the RU5 zone are as follows:

o To provide for a range of land uses, services and facilities that are associated with a rural village.

o To permit development that is appropriate in scale and type with the characteristics of a rural village.

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

· Clause 2.3(2) - The proposal is consistent with the zone objectives having regards to the following;

o The proposal is for subdivision of existing landuses on the site with no landuse conflicts identified. The existing uses and subdivision pattern is consistent and compatible with the village of Heron’s Creek.

· Clause 2.7 - The demolition of the existing shed requires consent as it does not fit within the provisions of SEPP (Exempt and Complying Codes) 2008. Relevant consent conditions relating to the demolition have been recommended.

· Clause 4.1 - The lot sizes within the proposed subdivision are 756m², 1298m²and 2242m2. The minimum lot size applying to the land is 2000m² therefore two of the proposed lots do not comply with the development standard and represent a 62% and 35% variation to the 2000m2 lot size standard - Refer to Clause 4.6 comments below.

· Clause 4.2B - The development is within the specified zoning and cannot/can be subdivided by strata or community titled because the proposed lots meet/do not meet the minimum lot size. (NB: Clause stops strata and community title subdivisions of rural, large lot residential, rural residential and environmental zones that do not meet the min lot size).

· Clause 4.4 - No floor space ratio applies to the site. The dwellings are existing.

· Clause 4.6 – Consent must not be granted for a proposal that contravenes a development standard unless the consent authority has considered a written request from the Applicant that justifies the variation by showing that the subject standard is unreasonable and/or unnecessary and that there are sufficient environmental planning grounds to justify the contravening of the standard without compromising the public interest.

· As a result of the above, the Applicant submitted a Clause 4.6 variation for the lot size standard (ie Clause 4.1). The Applicant’s reasoning for varying Clause 4.1 is as follows:

o The proposal does not result in any additional dwellings within the village and therefore no additional loading on existing public or private infrastructure.

o The proposal does not involve any tree removal or other change to existing vegetation on any of the lots.

o Minor alterations are proposed to one of the dwellings in order to located fully on the private land – an improvement over the existing situation

o The proposal does not require any changes to the existing access to each of the proposed lots.

o The proposal is generally consistent with the development pattern of dwellings within the village area, including the variety of lots size in the immediately vicinity of the site.

· The objectives of the minimum lot size standard are as follows:

· (a) to ensure that lot sizes are compatible with local environmental values and constraints,

· (b) to facilitate efficient use of land resources for residential and other human purposes,

· (c) to minimise the fragmentation of rural land suitable for sustainable primary production,

· (d) to protect high ecological, scientific, cultural or aesthetic values of land in environment protection zones.

· Having considered the application and Clause 4.6 variation to Clause 4.1, the proposal is considered acceptable and will have no significant impact on the environment as per the reasons identified by the applicant above. In addition, it is considered that:

o The character of the locality will not be adversely impacted given the dwellings on the proposed allotments already exist.

o The proposed lot layout is consistent with other residential lots adjoining the site. As there are numerous lots within the immediate locality with existing dwellings which are below the 2000m² minimum lot size.

o The minor building works do not impact adjoining lots and the structures currently overhanging the boundaries are to be modified to comply with the boundary lines.

o The development is consistent with the zone objectives of and is unlikely to have any implications on State related issues or the broader public interest.

· As per the Planning Circular PS 18-003, Council can assume the Director’s Concurrence for variations to lot size in the RU5 zone, however, the determination cannot be made by a Council officer due to the subject variation being greater than 10% of the development standard. Hence, this report and recommendation to Council.

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

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

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

No draft instruments apply to the site.

(iii) Any DCP in force

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: Chapter 3.6 - Subdivision*
DCP Objective	Development Provisions	Proposed	Complies
3.6.3.1	A site analysis is required for all development and shall illustrate: · microclimate; · lot dimensions; · north point; · existing contours and levels to AHD; · flood affected areas; · overland flow patterns, drainage and services; · any contaminated soils or filled areas, or areas of unstable land; · easements and/or connections for drainage and utility services; · identification of any existing trees and other significant vegetation; · any existing buildings and other structures, including their setback distances; · heritage and archaeological features; · fences; · existing and proposed road network, including connectivity and access for all adjoining land parcels; · pedestrian and vehicle access; · views to and from the site; · overshadowing by neighbouring structures; and · any other notable features or characteristics of the site.	A 3 lot subdivision, in an area that is bushfire prone. The proposed lots have existing dwellings. The proposed subdivision plan shows satisfactory site analysis details.	Yes
3.6.3.2	Torrens title lots minimum width of 15m when measured at a distance of 5.5m from front property boundary.	The lots have a frontages of 20.4m, 30.1m, 40.45m addressing Herons Creek Road	Yes
	Minimum width of 7m when boundaries are extended to kerb line.	Minimum width is 20m	Yes
	Minimum depth of 25m.	Minimum depth of 37m	Yes
	For lots where average slope of the site is equal to, or exceeds 16%, indicative road and driveway grades are required demonstrating satisfactory access.	The slope is less than 16%.	Yes
	Subdivision of dual occupancy development or multi dwelling housing where permissible in the LEP may create allotments smaller than 450m² if: · Each lot to be created is part of a community or strata title scheme, or · Is part of an integrated Torrens title housing development.	No lots smaller than 450m²	N/A
3.6.3.6	Kerb and guttering, associated street drainage, pavement construction and foot paving across the street frontages should be constructed as part of the subdivision works where these do not exist (may be varied subject to criteria in this clause)	Existing kerb and guttering along frontage. There are no pedestrian paths along Herons Creek Road or the adjoining lots	Yes
3.6.3.7	Subdivisions close to urban centres or along arterial roads serviced by public transport achieve yield of >35 dwellings per hectare.	The subdivision is within an RU5 Village zone and has access to existing public transport.	Acceptable
3.6.3.20	Water supply to meet Council’s design specifications.	Existing dwellings connected to water.	Yes
3.6.3.21	All lots connected to reclaimed water if available.	No reclaimed water available	N/A
3.6.3.24	Separate sewer junction provided for each lot.	Existing dwellings connected to village sewer	Yes
3.6.3.27	Erosion and sediment control plan to be provided.	Standard conditions recommended but no works proposed	Yes
3.6.3.34	All service infrastructure should be underground unless otherwise approved by Council.	No requirement deemed necessary to require underground services given existing dwellings on the lots (no specific conditions considered necessary). The Applicant will need to obtain satisfactory arrangements certification from the appropriate electricity and telecommunications providers prior to the issue of a Subdivision Certificate.	Yes - acceptable
	All service infrastructure should be installed in a common trench.	N/A
	Conduits for the main technology network system should be provided in all streets.	N/A
	Conduits are to be installed in accordance with the National Broadband Network Company Limited’s ‘Guidelines for Fibre to the Premises Underground Deployment’.	N/A
	Access pits are to be installed at appropriate intervals along all streets.	N/A

In addition to the above it is noted that each of the existing dwellings on the proposed lots contain a sufficient private open space and off street parking area (i.e, effectively, there is no significant change to the existing on ground situation or use of the land).

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

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

(iv) Any matters prescribed by the Regulations

Demolition of buildings AS 2601 – Clause 92

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

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

The site fronts to Herons Creek Road to the west. Adjoining the site to the east is the north coast railway line. Adjoining the site to the south is multi residential (“worker’s cottages”) and a Timber Mill. Adjoining the site to the west are a number of similar undersized RU5 residential lots.

The proposal will be unlikely to have any adverse impacts to existing adjoining properties and satisfactorily addresses the public domain. The proposal is considered to be consistent with other residential development in the locality and adequately addresses planning controls for the area.

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. Adequate building separation is exists.

There is no adverse overshadowing impacts.

Roads

The site has road frontage to Herons Creek Road, a sealed public road under the care and control of Council. Due to there being no increase in the number of dwellings, there will be no additional traffic or impact of the road or adjoining intersections.

Traffic and Transport

Changes in traffic associated with the development will not have any adverse impacts to the existing road network within the immediate locality.

Water Supply Connection

Council records indicate that Lot 41 is unmetered and Lot 8 and 42 have 20mm serviced water meter from the 100mm AC main on the same side of Herons Creek Rd. A water supply reticulation plan is required to show all existing and proposed water services to the lot - refer to relevant conditions of consent.

Sewer Connection

Council records indicate that each individual proposed lot has a separate sewer connection to Councils main. There are no conditions of consent required for Sewer.

Stormwater

· Each proposed lot has an existing dwelling and the subdivision will follow the existing fence lines. Each lot slopes towards the street frontage and towards the rear of the site - refer to relevant conditions of consent.

Other Utilities

Telecommunication and electricity services are available to the site.

Heritage

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

Other land resources

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

Water cycle

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

Soils

Air and microclimate

Flora and fauna

Construction of the proposed development will not require any removal/clearing of any significant vegetation.

Waste

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

Noise and vibration

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

Bushfire

The site is identified as being bushfire prone.

In accordance with Section 100B - Rural Fires Act 1997 - the application proposes subdivision of bush fire prone land that could lawfully be used for residential purposes. As a result, the applicant has submitted a bushfire report prepared by a Certified Consultant. The report was forwarded to the NSW Rural Fire Service who have since issued a Bushfire Safety Authority, which have been recommended to be incorporated into the conditions of consent.

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.

Site design and internal design

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

Cumulative impacts

The proposed development will not 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:

No written submissions have been received following public exhibition of the application.

(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

Contribution credits are applied to the existing dwellings. However, as one of the proposed lots is now over 2000m2, additional contributions are applicable in accordance with Council’s Contributions Assessment Policy:

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

· Development contributions will be required under Section 7.11 of the Environmental Planning and Assessment Act 1979 towards roads, open space, community cultural services, emergency services and administration buildings.

5. CONCLUSION AND STATEMENT OF REASON

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

Attachments

1 View. DA 2018 - 507.1 Recommended Conditions

2 View. DA2018 - 507.1 Clause 4.6 Variation to Clause 4.1 (Minimum Lot Size) of Port Macquarie Hastings Local Environmental Plan 2011

3 View. DA2018 - 507.1 Contributions Estimate

4 View. DA2018 - 507.1 Plans

AGENDA Development Assessment Panel 11/09/2019

Item: 08

Subject: DA2019 - 465.1 Alterations and Additions to Dwelling and Construction of a Secondary Dwelling, Lot 4 DP 246193, No. 2 Kaballa Avenue Port Macquarie

Report Author: Development Assessment Planner, Steven Ford

Applicant: Davy Watt & Associates

Owner: M A Zwetsloot & B N Swain

Estimated Cost: $204,000

Parcel no: 10502

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2019 - 465.1 for Alterations and additions to dwelling and construction of a secondary dwelling at Lot 4, DP 246193, No. 2 Kaballa Avenue, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for Alterations and Additions to Dwelling and Construction of 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 submission was received. This report recommends that the development application be approved subject to the attached conditions.

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 714.9m².

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:

· Alterations and additions to existing dwelling

· Demolition of existing detached garage and construction of a secondary dwelling

Refer to attachments at the end of this report.

Application Chronology

· 28 June 2019 - Application lodged.

· 08 July 2019 to 22 July 2019 - Neighbour notification.

· 22 July 2019 - Submission received

· 13 August 2019 - Additional information requested from Applicant.

· 14 August 2019 - Additional information submitted by Applicant.

· 14 August 2019 - Response to submission emailed by Planner

· 14 August 2019 - Further additional information requested from Applicant.

· 16 August 2019 - Additional information and revised plans submitted by Applicant.

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 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.

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

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) - Consent cannot be refused on the grounds of site area or parking.

Clause 24 - 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. In accordance with 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.

· Clause 4.3 - The maximum overall height of the building above ground level (existing) is 6.7m, 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 – Development complies with controls relating to secondary dwellings.

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

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

No draft instruments apply to the site.

(iii) Any Development Control Plan in force:

Port Macquarie-Hastings Development Control Plan 2013

(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:

*DCP 2013: Dwellings, Dual occupancies, Dwelling houses, Multi dwelling houses & Ancillary development*
	Requirements	Proposed	Complies
3.2.2.1	Ancillary development: • Not located in front setback	Ancillary water tank located behind the building line	Yes
3.2.2.2	Articulation zone: • Min. 3m front setback • An entry feature or portico • A balcony, deck, patio, pergola, terrace or verandah • A window box treatment • A bay window or similar feature • An awning or other feature over a window • A sun shading feature	No elements within the articulation zone to the primary frontage along Kaballa Ave. The secondary dwelling contains an existing hardstand space within the articulation zone. This does not exceed 25% of the articulation zone for the secondary frontage.	Acceptable
3.2.2.2	Front setback (Residential not R5 zone): • Min. 4.5m local road	5.15m	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 setback 5.83m at closest point to front boundary and recessed 500mm behind upper floor.	Yes and no The garage is not 1m behind the upper floor however the variation is acceptable noting the articulation provided by upper level, improvement from existing car port (to be demolished) and relatively minor variation in the context of corner site and long road frontage.
	6m max. width of garage door/s and 50% max. width of building	6m and 20% of building	Yes
	Driveway crossover 1/3 max. of site frontage and max. 5.0m width	Existing	Yes
3.2.2.4	4m min. rear setback. Variation subject to site analysis and provision of private open space	No rear boundary requirements due to site being a corner lot	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	Ground floor = 0.95m First floor additions above garage to be 2.4m from eastern boundary. The additions proposed result in no adverse solar impacts to adjoining primary living areas. The building wall articulation is compliant.	Yes
3.2.2.6	35m² min. private open space area including a useable 4x4m min. area which has 5% max. grade	The primary dwelling has 35m² of private open space in one area including a useable 4m x 4m space. The secondary dwelling has 30m2 useable private open space area. However, given the size and nature of the development, adequate open space is considered to be available for the secondary dwelling. The occupants are also likely to share the open space areas.	Yes and no
3.2.2.7	Front fences: • If solid 1.2m max height and front setback 1.0m with landscaping • 3x3m min. splay for corner sites • Fences >1.2m to be 1.8m max. height for 50% or 6.0m max. length of street frontage with 25% openings • 0.9x0.9m splays adjoining driveway entrances	The proposed front fence is a maximum 1.8m in height, not located along front boundary for greater than 6m, is landscaped where setback 1m from boundary and is provided with compliant splays and transparency..	Yes
3.2.2.8	Front fences and walls to have complimentary materials to context No chain wire, solid timber, masonry or solid steel front fences	Fencing design complies.	Yes
3.2.2.10	Privacy: • Direct views between living areas of adjacent dwellings screened when within 9m radius of any part of window of adjacent dwelling and within 12m of private open space areas of adjacent dwellings. ie. 1.8m fence or privacy screening which has 25% max. openings and is permanently fixed • Privacy screen required if floor level > 1m height, window side/rear setback (other than bedroom) is less than 3m and sill height less than 1.5m • Privacy screens provided to balconies/verandahs etc which have <3m side/rear setback and floor level height >1m	The development will not compromise privacy in the area due to a combination of lack of windows facing side boundaries, having high sill windows, limiting living areas that face adjoining living areas/open space, compliant separation and use of screening/fencing.	Yes

*DCP 2013: General Provisions*
	Requirements	Proposed	Complies
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline	No concealment or entrapment areas proposed. Adequate casual surveillance available.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	Cut and fill <1.0m change 1m outside the perimeter of the external building walls	Yes
2.3.3.2	1m max. height retaining walls along road frontage	No proposed changes	N/A
	Any retaining wall >1.0 in height to be certified by structure engineer	No proposed retaining wall likely >1m	Yes
	Combination of retaining wall and front fence height max 1.8m, max length 6.0m or 30% of frontage, fence component 25% transparent, and splay at corners and adjacent to driveway	No retaining wall front fence combination proposed.	N/A
2.3.3.8	Removal of hollow bearing trees	No trees proposed to be removed	N/A
2.6.3.1	Tree removal (3m or higher with 100m diameter trunk at 1m above ground level and 3m from external wall of existing dwelling)	No trees proposed to be removed	N/A
2.4.3	Bushfire risk, Acid sulphate soils, Flooding, Contamination, Airspace protection, Noise and Stormwater	Refer to main body of report.
2.5.3.2	New accesses not permitted from arterial or distributor roads	No new access proposed to arterial or 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). Parking for secondary dwelling optional.	2 spaces in garage and 2 stacked parking spaces behind the building line for primary dwelling. Off street parking is available for the secondary dwelling (in front of the dwelling).	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 which is existing. Proposed fencing and landscaping will soften any impact. No specific landscaping requirements recommended.	Acceptable
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.	Development is for a secondary dwelling only with standard driveway. Stormwater drainage is capable of being managed as part of plumbing construction.	Yes

iv) Any matters prescribed by the Regulations:

Demolition of buildings AS 2601 – Clause 66 (b)

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

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

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 S.68 application.

Sewer Connection

Service available – details required with S.68 application.

Stormwater

Service available – details required with S.68 application.

Other Utilities

Telecommunication and electricity services are available to the site.

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 not require any removal/clearing of any native vegetation and therefore does not trigger the biodiversity offsets scheme. Part 7 of the Biodiversity Conservation Act 2016 is considered to be satisfied.

Waste

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

Energy

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

Noise and vibration

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

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. Site access will substantially remain the same and 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.

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

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

One written submission was 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

The subject property owner has breached Council by-laws on several occasions since moving into the property.

The matters raised, regarding noise and other occurrences from the property was referred to Council’s Compliance Officers and is not a matter for consideration in assessing the subject development application.

From the site inspection, no external work regarding this development application, to the existing dwelling, front fence or garage has commenced.

The secondary dwelling is very close to the fence line of my town house, and I am concerned about the increased noise this is going to bring. Back deck currently overlooks trees and the neighbouring backyards, so is quite private. If the new dwelling is constructed it will impact this and possibly the resale value of the property.

Secondary dwellings are permissible within the R1 General Residential zone. The proposed secondary dwelling has compliant side boundary setbacks of 4.146m to the eastern boundary and 0.95m to the southern boundary. The plans indicate that the secondary dwelling will appear very similar to the existing rear garage along the southern boundary and there are no proposed windows overlooking (Southern) shared boundary, which will provide privacy and reduce perceived noise impacts.

The Applicant has provided revised plans to include privacy screening on the southern elevation of the proposed deck. The proposed entry pathway has been relocated from along the southern boundary to the gate adjoining the existing driveway and along the northern elevation of the secondary dwelling to provide additional separation and reduce the perceived impacts.

(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 for secondary dwellings.

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 - 465.1 Recommended Conditions

2 View. DA2019 - 465.1 Plans

3 View. DA2019 - 465.1 SOEE

Member	10/04/19	24/04/19	22/05/19	12/06/19	24/07/19	28/08/19
Paul Drake	P	P	P	P	P	P
Robert Hussey	A	P	P			P
David Crofts (alternate member)	P			P	P
Dan Croft (Group Manager Development Assessment) (alternates) - Director Development & Environment - Development Assessment Planner	P	P	P	P	P	P

1.0 OBJECTIVES

2.0 KEY FUNCTIONS

Delegated Authority of Panel

3.0 MEMBERSHIP

3.2 Non-Voting Members

3.3 Obligations of members

3.4 Member Tenure

3.5 Appointment of members

4.0 TIMETABLE OF MEETINGS

5.0 MEETING PRACTICES

5.2 Decision Making

5.3 Quorum

5.4 Chairperson and Deputy Chairperson

5.5 Secretariat

5.6 Recording of decisions

6.0 CONVENING OF “OUTCOME SPECIFIC” WORKING GROUPS

7.0 CONFIDENTIALITY AND CONFLICT OF INTEREST

8.0 LOBBYING

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:

4.4 For the purposes of clause 4.3:

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

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.

5.5 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

5.7 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:

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

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.