Agenda of Development Assessment Panel

AGENDA Development Assessment Panel 09/10/2019

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 09/10/2019

Item: 05

Subject: DA2018 - 988.1 Staged Torrens Title Subdivision and Multi Dwelling Housing with Strata Title subdivision at Lot 100 DP 1009007, No. 16 Ocean Street, Port Macquarie

Report Author: Development Assessment Planner, Benjamin Roberts

Applicant: All About Planning

Owner: Easy Property Group Pty Ltd

Estimated Cost: $1,825,000

Parcel no: 33730

Alignment with Delivery Program

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

RECOMMENDATION

That DA 2018 - 988.1 for staged torrens title subdivision and multi dwelling housing with strata title subdivision at Lot 100 DP 1009007 No. 16 Ocean Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

Executive Summary

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

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

The proposal has been amended during assessment.

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

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 2396m².

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

· Stage 1 - Torrens title subdivision to create three lots.

· Stage 2 - Construction of two main buildings on proposed lots 1 and 2 and subsequent strata title subdivision. Each building comprises two attached three storey dwellings. Total of four dwellings.

· Tree removal.

Refer to attachments at the end of this report for details of the proposal.

Application Chronology

· 21 November 2018 - Application lodged.

· 4 December 2018 - Referral to NSW Rural Fire Service.

· 7 - 20 December 2018 - Public exhibition via neighbour notification

· 12 December 2018 - Additional information request.

· 12 December 2018 - Referral to Essential Energy.

· 20 December 2018 - Essential Energy comments received.

· 17 January 2019 - NSW RFS bushfire safety authority conditions received.

· 28 February 2019 - Part additional information response with revised plans.

· 12 March 2019 - Additional information response - Arborist report.

· 26 March 2019 - Additional information request.

· 19 June 2019 - Additional information response with site survey.

· 27 June 2019 - Additional information request re extent of Ocean Street frontage works.

· 11 July 2019 - Additional information response with revised plans with extent of proposed Ocean Street frontage works.

· 3 August 2019 - Applicant advice that two compensatory Koala trees proposed on site.

· 26 August 2019 - Request for more details demonstrating the extent of overshadowing impacts.

· 24 September 2019 - Applicant response with detailed shadow plans.

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

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

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument

State Environmental Planning Policy No. 44 - Koala Habitat Protection

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.

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 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 will not cause increased risk of coastal hazards on that land or other land.

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

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

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

State Environmental Planning Policy (Infrastructure) 2007

In accordance with Clause 45, the proposal involves work within the vicinity and of existing overhead power lines. Written notice was provided to Essential Energy, being the electricity supply authority. Essential Energy has provided a response and consideration has been given to the comments provided. Conditions of consent have been recommended.

Port Macquarie-Hastings Local Environmental Plan 2011

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

· Clause 2.2 -The subject site is zoned R1 General Residential.

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

· The objectives of the R1 zone are as follows:

o To provide for the housing needs of the community.

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

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

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

· Clause 4.1 - The proposed Torrens title subdivision is for three lots being 501m², 450m² and 1,449m² in area. All lots are no less than the minimum lot size standard of 450m² applicable to the site.

· Clause 4.1A - The proposal includes the construction of a dwelling and strata subdivision. The Strata subdivision to create lots smaller than the 450m² minimum lot size specified on the Lot Size Map is therefore permitted.

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

· Clause 4.4 - The floor space ratio of the proposal complies with the maximum 1.5:1 floor space ratio applying to the site.

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

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

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

No draft instruments apply.

(iii) Any Development Control Plan in force

Port Macquarie-Hastings Development Control Plan 2013

*DCP 2013: Dwellings, Dual occupancies, Dwelling houses, Multi dwelling houses & Ancillary development*
	Requirements	Proposed	Complies
3.2.2.1	Ancillary development: · 4.8m max. height · Single storey · 60m2 max. area · 100m2 for lots >900m2 · 24 degree max. roof pitch · Not located in front setback	No ancillary development proposed.	N/A
3.2.2.2	Articulation zone: · Min. 3m front setback · An entry feature or portico · A balcony, deck, patio, pergola, terrace or verandah · A window box treatment · A bay window or similar feature · An awning or other feature over a window · A sun shading feature	The development contains a ground floor wall feature partly extending into the articulation zone. These are setback over 3m.	Yes
3.2.2.2	Front setback (Residential not R5 zone): · Min. 4.5m local road · Min. 3.0m secondary road	Minimum 4.5m setback provided to John Street as primary frontage. Minimum 4.194m setback provided to Ocean Street as secondary frontage.	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 doors are setback greater than 5.5m and recessed behind the main building line.	Yes
	6m max. width of garage doors and 50% max. width of building	Width of garage door requirements are complied with.	Yes
	Driveway crossovers 1/3 max. of site frontage and max. 5.0m width	Driveway crossing width requirements are complied with.	Yes
3.2.2.4	4m min. rear setback. Variation subject to site analysis and provision of private open space	The site is a corner block. No rear setback requirement.	N/A
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 south side = 900mm. The first and second level south side setback is 2.096m for a wall length of 3.385m. The remainder of the south sidewall is setback 3m. The wall articulation is compliant and satisfies the objectives of the development provision.	No*
3.2.2.6	35m2 min. private open space area including a useable 4x4m min. area which has 5% max. grade	Each occupancy contains minimum of 35m² open space in one area including a useable 4m x 4m area directly off the ground floor living area.	Yes
3.2.2.7	Front fences: · If solid 1.2m max height and front setback 1.0m with landscaping · 3x3m min. splay for corner sites · Fences >1.2m to be 1.8m max. height for 50% or 6.0m max. length of street frontage with 25% openings · 0.9x0.9m splays adjoining driveway entrances	1.85m high metal vertical blade fencing and landscaping along the Ocean Street frontage. A condition has been recommended requiring the blade fencing design details to be illustrated on the construction certificate plans to which incorporate 25% openings.	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 material acceptable.	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 first and second floor balconies of proposed unit 2D John Street while orientated east do contain a southern portion to which privacy would be compromised into the adjoining private open space and living areas of 4 John Street. Privacy screening to the southern portion of these balconies is recommended via consent conditions.	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	Fill to a maximum height of 1.3m in the northern eastern portion of the development area to be contained by retaining wall along Ocean Street.	No*
2.3.3.2	1m max. height retaining walls along road frontage	1.3m high maximum retaining wall grading down along Ocean Street frontage.	No*
	Any retaining wall >1.0 in height to be certified by structure engineer	Condition recommended to require engineering certification.	Yes
	Combination of retaining wall and front fence height max 1.8m, max length 6.0m or 30% of frontage, fence component 25% transparent, and splay at corners and adjacent to driveway	Combined maximum retaining wall and fence height along Ocean Street frontage to 3.15m in north-eastern corner. This grades away towards John Street.	No*
2.3.3.8	Removal of hollow bearing trees	No hollow bearing trees proposed to be removed	N/A
2.6.3.1	Tree removal (3m or higher with 100m diameter trunk at 1m above ground level and 3m from external wall of existing dwelling)	One mature Swamp Mahogany on the John Street frontage is proposed to be removed. The tree was originally intended to be retained however subsequent Arborist advice submitted during assessment indicates incursions and damage to the root zone from the development would result and that it be removed and compensated with replantings.	No*
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 road.	N/A
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking	Driveway crossings are minimal in width including maximising street parking	Yes
2.5.3.3	Parking in accordance with Table 2.5.1. Multi dwelling 1.5 spaces per 3+ bedroom occupancies 0.25 spaces per occupancy for visitor parking.	Proposal involves 4 units each comprising 3 bedrooms. Therefore, 4 x 1.5 spaces + 4 x 0.25 visitor spaces = 7 spaces required. The development proposes a double garage to each unit (8 spaces) with space in each driveway to accommodate visitor parking (4 spaces). 12 spaces are available.	Yes
2.5.3.11	Section 94 contributions	Contributions apply - refer to ET calc and NOP.	Yes
2.5.3.12 and 2.5.3.13	Landscaping of parking areas	Suitable landscaping proposed around driveway/parking locations.	Yes
2.5.3.14	Sealed driveway surfaces unless justified	Sealed driveway areas proposed.	Yes
2.5.3.15 and 2.5.3.16	Driveway grades first 6m or ‘parking area’ shall be 5% grade with transitions of 2m length	Driveway grades capable of satisfying Council standard driveway crossover requirements. Condition recommended for section 138 Roads Act permit	Yes
2.5.3.17	Parking areas to be designed to avoid concentrations of water runoff on the surface.	Stormwater drainage is capable of being managed as part of plumbing construction.	Yes

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

The proposal seeks to vary Development Provision 3.2.2.5 which specifies that first floors and above should be setback minimum of 3m from the side boundary or reduced down to 900mm where it can be demonstrated that the adjoining property primary living areas and primary private open space areas should not be adversely overshadowed for more than 3hrs between 9am-3pm on 21 June.

The relevant objectives are:

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

· 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:

· Detailed shadow diagrams provided demonstrate that the adjoining property primary living areas and primary private open space areas will be adversely overshadowed even with a compliant 3m setback between 9am and 3pm on 21 June.

· Having regard to the site’s 11.5m maximum building height control, design, orientation and location of primary living and open space areas at 4 John Street, retention of optimal solar access is difficult and unrealistic.

· The applicant has given due consideration to overshadowing impacts and it has been demonstrated that a setback compliant design of 3m to wall and roof will result in no difference to the overshadowing outcome.

· Refusal of the application based on the overshadowing impacts to the primary living and outdoor areas of 4 John Street, having regard to the above points, is not warranted.

· Refer to further comments later within this report surrounding overshadowing impacts and the relevant ‘planning principle’.

· The majority of the southern wall is setback 3m. It is only a 3.385m wall length that is setback 2.096m from the southern boundary.

· The first and second floor south facing wall is articulated and the sloping away roof provides an interesting form.

· There is no roof eave extending out beyond the 2.096m minimum setback section of the building.

· The encroachment of the first and second floor wall length is minor and having regard to the design will not result in significant overbearing or bulk perceptions from 4 John Street.

The proposal seeks to vary Development Provision 2.3.3.1 which requires that development shall not exceed a maximum cut of 1.0m and fill of 1.0m measured vertically above the ground level (existing) at a distance of 1.0m outside the perimeter of the external walls of the building (This does not apply to buildings where such cut and fill is fully retained within or by the external walls of the building).

The relevant objectives are:

· Minimise the extent of site disturbance caused by excessive cut and fill to the site.

· Ensure there is no damage or instability to adjoining properties caused by excavation or filling.

· Ensure that there is no adverse alteration to the drainage of adjoining properties.

· Ensure the privacy of adjoining dwellings and private open space are protected.

· Ensure that adequate stormwater drainage is provided around the perimeter of buildings and that overflow paths are provided.

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

· The maximum fill height of 1.3m is contained to small area in the north-eastern portion of the development site (i.e. rear of proposed 2A dwelling). The land grades back up towards John Street and the retaining wall. The extent of variation is minor for a small area.

· No adverse impacts or alterations to drainage would result.

The proposal seeks to vary Development Provision 2.3.3.2 which requires:

a) The maximum height of a retaining wall along all road frontages is 1.0m.

b) Any retaining wall greater than 1.0m must be certified by a certified practising structural engineer.

c) Where a combination of a fence and a wall is proposed to be greater than 1.2m high:

o be a maximum combined height of 1.8m above existing property boundary level;

o be constructed up to the front boundary for a maximum length of 6.0m or 30% of the street frontage, whichever is less;

o the fence component have openings which make it not less than 25% transparent; and

o provide a 3m x 3m splay for corner sites, and

o provide a 900mm x 900mm splay for vehicle driveway entrances.

The relevant objectives are:

· To ensure retaining walls are functional, safe and positively contribute to the development and/or the streetscape.

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

· The maximum fill height of 1.3m is contained to small area in the northeastern portion of the site. The land grades back up towards John Street and the retaining wall. The extent of variation is minor and for a small area.

· The retaining wall combination will not adversely impact upon the streetscape appearance along the Ocean Street frontage.

· A condition has been recommended requiring engineering certification for the retaining wall.

The proposal seeks to vary Development Provision 2.6.3.2 regarding trees on private land with the relevant provisions as follows:

· An application for the removal of a tree listed in Table 2.6-1 must be accompanied by an Arborist’s report stating that the tree:

· is dangerous; or

· is dying and remedial pruning would not improve the deteriorated condition of the tree; or

· has a history of branch fall (documented or photographic evidence to be provided); or

· is structurally unsound or;

· diseased.

· Where a tree listed in Table 2.6-1 is approved for removal it must be compensated with a koala habitat tree. Significant large scale development will require an advanced size koala food tree or habitat tree (primary Koala browse species) that meets NATSPEC Specifying Trees.

The relevant objectives are:

· To minimise injury to or destruction of trees and native vegetation.

· To retain healthy individual trees of local amenity and aesthetic value.

· To facilitate the removal of undesirable exotics, noxious weeds, dangerous trees and any other inappropriate plantings, and to replace these with suitable local indigenous species to make a positive contribution to visual and environmental amenity and ecological sustainability.

· To retain viable representative samples of native vegetation, which have an intact structure and complete floristics, wherever practical.

· To facilitate limited tree removal associated with a Complying Development Certificate.

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

· While the Swamp Mahogany is not dead or dying the Arborist advises its retention long-term is not viable based on the impacts of the proposed development.

· A review of the plans indicate incursions to the structural root zone of the tree are primarily a result of the proposed footpath along John Street and not necessarily the development footprint or driveways. To this extent redesign and relocation of the driveway of proposed unit 2A from John Street to Ocean Street is unlikely to provide for long-term retention of the tree.

· Given the location of the tree on the boundary and ultimate footpath connection along John Street the long term retention of the tree would be problematic in any event.

· The proponent has proposed two offset Swamp Mahogany plantings to the east of the development site within the same allotment.

· In this instance allowing removal of the tree with provision of two advanced sized offset plantings of the same species on the eastern part of the site is considered a satisfactory outcome.

· Consent conditions have been recommended requiring the location and size of offset plantings to be clearly illustrated on building Construction Certificate plans and that the plantings be in place prior to occupation or issue of any occupation certificate.

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

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

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

No planning agreement has been offered or entered into.

iv) Any matters prescribed by the Regulations

No matters prescribed by the regulations apply.

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

Context and setting

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

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

· There are no significant adverse impacts on existing view sharing. Specifically the view currently enjoyed onto and across the site from 4 John Street is not special or iconic and is across the side boundary. The retention of the existing view is unrealistic having regard to the planning controls adopted for the site.

· No adverse privacy impacts would result subject to the imposition of recommended conditions requiring privacy screening to the southern elevation of the first and second floor balconies of unit 2D that are orientated east.

· There are identified overshadowing impacts to the property at 4 John Street. The proposal does prevent the adjoining property from receiving 3 hours of sunlight to private open space and primary living areas on 21 June. However, these impacts are considered acceptable. The following assessment comments are provided in this regard.

The ‘planning principle’ established in Benevolent Society v Waverly Council [2010] NSWLEC 1082 provides some key principles for consideration in establishing adequacy of solar access. The ‘planning principle’ is provided in the following terms:

· “Where guidelines dealing with the hours of sunlight on a window or open space leave open the question what proportion of the window or open space should be in sunlight, and whether the sunlight should be measured at floor, table or a standing person’s eye level, assessment of the adequacy of solar access should be undertaken with the following principles in mind, where relevant:

· The ease with which sunlight access can be protected is inversely proportional to the density of development. At low densities, there is a reasonable expectation that a dwelling and some of its open space will retain its existing sunlight. (However, even at low densities there are sites and buildings that are highly vulnerable to being overshadowed.) At higher densities sunlight is harder to protect and the claim to retain it is not as strong.

· The amount of sunlight lost should be taken into account, as well as the amount of sunlight retained.

· Overshadowing arising out of poor design is not acceptable, even if it satisfies numerical guidelines. The poor quality of a proposal’s design may be demonstrated by a more sensitive design that achieves the same amenity without substantial additional cost, while reducing the impact on neighbours.

· For a window, door or glass wall to be assessed as being in sunlight, regard should be had not only to the proportion of the glazed area in sunlight but also to the size of the glazed area itself. Strict mathematical formulae are not always an appropriate measure of solar amenity. For larger glazed areas, adequate solar amenity in the built space behind may be achieved by the sun falling on comparatively modest portions of the glazed area.

· For private open space to be assessed as receiving adequate sunlight, regard should be had of the size of the open space and the amount of it receiving sunlight. Self-evidently, the smaller the open space, the greater the proportion of it requiring sunlight for it to have adequate solar amenity. A useable strip adjoining the living area in sunlight usually provides better solar amenity, depending on the size of the space. The amount of sunlight on private open space should ordinarily be measured at ground level but regard should be had to the size of the space as, in a smaller private open space, sunlight falling on seated residents may be adequate.

· Overshadowing by fences, roof overhangs and changes in level should be taken into consideration. Overshadowing by vegetation should be ignored, except that vegetation may be taken into account in a qualitative way, in particular dense hedges that appear like a solid fence.

· In areas undergoing change, the impact on what is likely to be built on adjoining sites should be considered as well as the existing development.”

Having regard to the above, the overshadowing impacts of the proposed development are considered to be adverse but do not warrant refusal of the application. This conclusion is based on the following key observations and established planning principle:

· The development site contains planning controls to which encourage higher density development. Notably an 11.5m maximum building height and 1.50:1 maximum floor space control. The claim to retain existing sunlight to the minimum standards for mid-winter is difficult to achieve.

· The existing dwelling and approved dwelling yet to be constructed at 4 John Street are both sited close to the northern boundary with a northern orientation to both open space and living areas. As a result, any development on the site will likely impact on solar access to the dwellings.

· The overshadowing is not as a result of poor building design. The applicant states that several options were investigated including reduction of the southern most unit down to two storey with a 3m setback, removal of the roof articulation and southern part of building beyond the 3m setback, to which there would be no difference to the overshadowing outcome to key existing living areas at 4 John Street. The applicant states that maintaining existing solar access to 4 John Street would require a building to be setback some 12m from the boundary which is unjustifiable.

· The building depth of 17.67m proposed is not excessive and it would appear the building depth has been limited as any further depth would result in further and more significant overshadowing impact.

Roads

The site has road frontages to both Ocean Street to the North and John Street to the West.

Ocean Street is a sealed road consisting of approximately 6m sealed pavement inside a 20m reserve, the current frontage has grassed and gravel shoulders on both sides. The road is considered a local street and is in the care and control of Council.

John Street is a sealed road consisting of approximately 7.5m sealed pavement inside a 15m reserve, the current frontage has existing SA kerb and gutter on both sides. The road is considered a local street and is in the care and control of Council.

Traffic and Transport

This proposal is for four dwellings along John Street, with a larger Torrens title lot with direct frontage to Ocean Street. The traffic associated with the development is unlikely to have any adverse impacts to the existing road network within the immediate locality.

Site Frontage and Access

Vehicle access to the site is proposed through individual driveways for each dwelling, with direct frontage to John Street. Access shall comply with Council’s AUSPEC and Australian Standards, and conditions have been recommended to reflect these requirements.

Due to the type and size of development, additional public infrastructure works are considered necessary at the time of construction of the four dwellings. These works include:

· Concrete footpath paving along the sites frontage to John Street as indicated on the footpath detail plan. It is noted that kerb and gutter already exists along the John Street frontage. Extension of piped stormwater along John Street for direct connection to stormwater work required below in Ocean Street.

· Concrete footpath, road widening, kerb and gutter and piped stormwater work along the Ocean Street frontage for approximately 26m. i.e. to the proposed Torrens title subdivision boundary indicated on the plans.

Parking and Manoeuvring

Parking and driveway widths on site can comply with relevant Australian Standards (AS 2890) and conditions have been recommended to reflect these requirements.

Water Supply Connection

Council records indicate that the development site does not have a metered water service. Each proposed unit and Torrens title lot (stage 1) requires an individual metered water service.

Details will be required to accompany the section 68 application. Refer to recommended conditions of consent.

Sewer Connection

Council records indicate that the development site is connected to sewer via junction to the existing sewer line that runs outside the northern property boundary. Each proposed lot requires an individual connection to Council’s sewer system. A sewer reticulation plan shall be submitted to the water and sewer section for approval.

Details will be required to accompany the section 68 application. Refer to recommended conditions of consent.

Stormwater

The site naturally grades towards the north / north-east, towards the Ocean Street frontage and is currently un-serviced with discharge into an open overland swale.

There is an existing headwall at the north-west corner of the property, which conveys upstream stormwater to this location, water then flows in the open overland swale across the Ocean Street frontage towards the east. The John Street frontage is currently serviced with type SA kerb and gutter only which also discharges into the open overland swale in Ocean Street.

Extension of piped stormwater along John Street for direct connection to stormwater along Ocean Street is required. Stormwater upgrade work including provision of piped stormwater infrastructure along the Ocean Street frontage for approximately 26m. i.e. to the proposed Torrens title subdivision boundary is also required.

A detailed site stormwater management plan will be required to be submitted for assessment and approval prior to the issue of any building Construction Certificate.

In accordance with Councils AUSPEC requirements on site stormwater detention facilities are required to be incorporated into the stormwater drainage plan.

Refer to recommended conditions of consent.

Other Utilities

Telecommunication and electricity services are available to the site. Evidence of satisfactory arrangements with the relevant utility authorities for provision to each proposed Torrens title lot will be required prior to Subdivision Certificate approval. Refer to recommended conditions of consent.

Heritage

No known items of Aboriginal or European heritage significance exist on the property. No adverse impacts anticipated.

Other land resources

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

Water cycle

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

Soils

The proposed development will be unlikely to have any adverse impacts on soils in terms of quality, erosion, stability and/or productivity subject to a standard condition requiring erosion and sediment controls to be in place prior to and during construction. Refer to recommended conditions of consent.

Air and microclimate

The construction and/or operations of the proposed development will be unlikely to result in any adverse impacts on the existing air quality or result in any pollution. Standard precautionary site management condition recommended.

Flora and fauna

The proposed development includes removal of a single Swamp Mahogany partly on the road reserve and site along John Street. Compensatory offset plantings as detailed earlier in this report is proposed and is supported.

The Biodiversity Offset Scheme doesn’t apply for the following reasons:

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

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

· The development will not have a significant impact on biodiversity values.

Waste

There is available areas for proposed storage and collection of waste and recyclables for each dwelling. There is also sufficient frontage along John Street to accommodate mobile garbage bins. 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. 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. The applicant has submitted a bushfire report prepared by a Certified Consultant. The report was forwarded to the NSW Rural Fire Service who have issued a Bushfire Safety Authority, which is recommended to be incorporated into the consent conditions.

Safety, security and crime prevention

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

Social impacts in the locality

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

Economic impact in the locality

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

Site design and internal design

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

Construction

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

Cumulative impacts

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

(c) The suitability of the site for the development

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

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

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

One (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 information in the supporting documentation and shadow diagram does not reflect the layout of the adjoining house at 4 John Street.	Revised shadow diagrams have been provided that reflect the layout of the adjoining dwelling at 4 John Street.
The proposal would result in significant overshadowing impacts to the existing dwelling at 4 John Street and the design should be fully compliant with the DCP setbacks.	Refer to overshadowing impacts and details comments within the heading of context and setting within this report.
The external deck would overlook and compromise privacy to the dwelling at 4 John Street.	The applicant has offered privacy screening to the southern elevation of the first and second floor balconies. Conditions have been recommended to ensure privacy screening is clearly illustrated on construction plans.
The swamp mahogany tree is a Koala tree and it should be preserved and protected during construction. The application should be referred to the Koala hospital.	The Swamp Mahogany is proposed to be removed. Refer to comments in DCP assessment table. Compensatory offsetting planting is proposed on site at a ratio of 2:1. Suitable conditions have been recommended.
There is not sufficient off-street parking and pedestrian and vehicular safety will be compromised.	Adequate and suitable off-street parking is proposed. All dwellings have compliant parking including a double garage to each. Refer to DCP assessment table.
The building is setback 900mm and should be a minimum of 3m consistent with the DCP controls.	Refer to DCP assessment table and comments. The ground floor setback of 900mm is consistent with the DCP controls.
It is contended that the proposal will have a neutral social impact but rather a detrimental impact on the amenity and impacts of 4 John Street.	The proposal is unlikely to result in any adverse social impacts. The amenity and overshadowing impacts to 4 John Street are acknowledged however they are not sufficient enough to warrant refusal of this application. Refer to DCP and overshadowing assessment comments within this report.
The rooftop north facing solar hot water of 4 John Street will be compromised by shadowing from the 3 storey construction. The future planned 6kW system to be installed would also be compromised.	Refer to overshadowing impact assessment and comments within this report. Planning controls and the ‘planning principle’ concentrate on impacts to primary open space and living areas.
The application should be rejected and redesigned to comprise two storeys only.	The proposal complies with the maximum building height limits for the site. Refer to assessment report conclusion and recommendation.

(e) The Public Interest

The proposed development will be in the wider public interest with provision of appropriate additional housing and residential lots.

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

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

· Development contributions will be required under Section 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.

Issues raised during assessment and public exhibition of the application have been considered in the assessment of the application. Where relevant, conditions have been recommended to manage the impacts attributed to these issues.

The site is considered suitable for the proposed development and the proposal adequately addresses relevant planning controls. The development is not considered to be contrary to the public's interest and will not result a significant adverse social, environmental or economic impact. It is recommended that the application be approved, subject to the recommended conditions of consent provided in the attachment section of this report.

Attachments

1 View. DA2018 - 988.1 Recommended Conditons

2 View. DA2018 - 988.1 NSW RFS Bushfire safety authority conditions

3 View. DA2018 - 988.1 Plans

4 View. DA2018 - 988.1 Shadow plans for compliant height and setback

5 View. DA2018 - 988.1 Shadow study plans

6 View. DA2018 - 988.1 Site and tree survey plan

7 View. DA2018 - 988.1 Stormwater plans

8 View. DA2018 - 988.1 Contributions quote

9 View. DA2018 - 988.1 Arborist Report

AGENDA Development Assessment Panel 09/10/2019

Item: 06

Subject: DA2019-254.1 Industrial Building and Caretaker’s Residence - Lot 2 DP 1084479, No. 3 Production Drive, Wauchope.

Report Author: Development Assessment Planner, Beau Spry

Applicant: Mark Donney C/- Collins W Collins Pty Ltd

Owner: Mark Donney

Estimated Cost: $430,000

Parcel no: 47840

Alignment with Delivery Program

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

RECOMMENDATION

That DA2019 - 254.1 for an Industrial building and caretaker’s residence at Lot 2 DP 1084479 No. 3 Production Drive, Wauchope, be determined by granting consent subject to the recommended conditions.

Executive Summary

This report considers a development application for an industrial building and caretaker’s residence 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 proposal has been amended during the assessment of application.

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

1. BACKGROUND

Existing Sites Features and Surrounding Development

The site has an area of 2088.123m².

The site is zoned IN1 General Industrial in accordance with the Port Macquarie-Hastings Local Environmental Plan 2011, as shown in the following zoning plan:

The industrial estate precinct comprises of a mix of large and small scale sheds of both single and two storeys.

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:

· Industrial building for the manufacture of pre-fabricated structures (i.e. barn-style dwellings) and sheds;

· Open storage areas to accommodate storage containers for the purpose of storing materials to be used for the pre-fabricated structures;

· Caretaker’s residence for on-site manager;

· Caretaker’s residence incorporates an office and showroom for display purposes only.

Refer to attachments at the end of this report for further details

Application Chronology

· 10 April 2019 - Application lodged

· 11 April 2019 - Application notified

· 29 April 2019 - Submission received

· 14 May 2019 - Site inspection

· 29 May - 13 September - Further information requested and submitted

3. STATUTORY ASSESSMENT

Section 4.15(1) Matters for Consideration

(a) The provisions (where applicable) of:

(i) Any Environmental Planning Instrument

State Environmental Planning Policy No. 33 - Hazardous and Offensive Development

The subject SEPP was introduced to clarify the definitions for hazardous and offensive industries and to apply guidelines for the assessment of industries that have the potential to create hazards or an offence. In this case, the use of the site is nominated as predominately storage and supply of pre-fabricated barn-style dwellings with an ancillary caretaker’s residence dwelling. Given the nature of the proposal it is unlikely that the proposal will create any hazard or offence. The development can be assessed as submitted rather than as a hazardous or offensive industry.

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

State Environmental Planning Policy No. 55 – Remediation of Land

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

State Environmental Planning Policy No. 62 – Sustainable Aquaculture

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

State Environmental Planning Policy (Coastal Management) 2018

The site is not located within a coastal use area or coastal environment area.

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

A BASIX certificate (995669S_02) has been submitted demonstrating that the caretaker’s residence proposal will comply with the requirements of the SEPP. It is recommended that a condition be imposed to ensure that the commitments are incorporated into the development and certified at Occupation Certificate stage.

State Environmental Planning Policy (Infrastructure) 2007

The proposed development does not trigger any relevant clauses in relation to roads in the SEPP and is unlikely to create any conflict in terms of traffic or noise.

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 IN1 General Industrial.

· Clause 2.3(1) and the IN1 zone landuse table - The proposed development for storage and supply of pre-fabricated barn-style dwellings with an ancillary managers residence dwelling is a permissible landuse with consent. While dwellings are normally prohibited, it is considered that dwelling acts as a site office and display example of the product. These reasons coupled with conditions ensures the managers residence will remain ancillary/subordinate use is permissible.

· The objectives of the IN1 zone are as follows:

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

o To encourage employment opportunities.

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

o To support and protect industrial land for industrial uses.

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

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

o The proposal is a permissible landuse;

o The development is for an industrial use on industrial land;

o The development would encourage employment opportunities;

o The proposal has demonstrated that impacts on other land uses can be satisfactorily managed.

· Clause 4.3 and 4.4 - There is no maximum height or floor space ratio applicable to the site.

· Clause 5.9 - No significant trees listed in Development Control Plan 2013 are proposed to be removed. In addition, site as permitted to be cleared under the subdivision that creates the property.

· Clause 5.10 - 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

*DCP 2013: Chapter 3.5 - Industrial Development*
DCP Objective	Development Provisions	Proposed	Complies
3.5.3.1	Minimum setbacks are provided as follows: · 10m from a classified road; · 7.6m from any other road boundary; · 3m from any secondary road frontage.	Minimum setback of 35m to Production Drive from industrial shed component. Minimum setback of 17.3m to Production Drive from managers residence component.	Yes
3.5.3.2	Elevations of building which are visible from a public road, reserve or adjacent or adjoining residential areas are to be constructed using: · brick, masonry, pre-coloured metal cladding, or · appropriately finished ‘tilt-slab’ concrete; or · a combination of a number of these materials.	Pre-coloured metal cladding.	Yes
3.5.3.2	Large unrelieved expanses of wall or building mass are not favoured, and as such should be broken up by the use of suitable building articulation, fenestration or alternative architectural enhancements.	Front elevation broken up with door openings and provided with some articulation with managers residence to the front with balcony.	Yes
3.5.3.3	Material storage/work areas and volumes to be provided with application.	Storage and work areas have been shown. The proposed open storage areas will accommodate storage containers for the purpose of storing materials to be used for the pre-fabricated structures. No work areas are proposed.	Yes
3.5.3.3	Open work and storage areas to be located at rear of premises and screen from view by landscaping and/or fencing minimum 2m high.	The proposed development is to be used primarily for the manufacture of pre-fabricated structures (i.e. barn-style dwellings) and sheds. The proposed open storage areas will accommodate storage containers for the purpose of storing materials to be used for the pre-fabricated structures as well as providing open storage area for machinery and vehicles It should be noted that a number of other proposals in the subdivision have some sort of storage to the front. In addition, the development is proposed to be fenced and landscaped along the front boundary.	No but acceptable.
3.5.3.4	Detailed landscaping plan submitted.	Concept landscaping plan submitted.	Yes
	Landscaped strip 3m wide for 2/3 of each road frontage.	3m wide landscaping strip to production Drive boundary. Being first lot in subdivision from the entrance, and also proposing open space to the front, further landscaping has been included.	Yes
	No fencing in front setback unless for display items. High quality fencing and landscaping.	No fence proposed in front setback. 1.8m high metal mesh fence proposed for front boundary.	Yes
3.5.3.5	An onsite recreation area is provided for staff that: · Includes seating, tables and rubbish bin. · If outside, is adequately protected from the weather · Is safely accessible to all staff. · Is separate private from public areas. · Is located away from noisy or odorous activities.	Outdoor staff recreational area indicated. There are also facilities located in the ancillary office available for staff use.	Yes
3.5.3.6	Provide onsite facilities for changing, showering and secure bike storage.	2x toilet/change room facilities provided in the industrial component. The manager’s residence will also provide for changing/showering facilities.	Yes
3.5.3.7	Development complies with NSW Industrial Noise Policy.	Capable of complying. The site is within an established industrial context and separated from the nearest residential uses by approx. 500m. Condition recommended restricting noise generation.	Yes
	Building openings located to minimise noise impacts if within 400m of residential zone.	Building openings oriented towards adjoining industrial activities.	Yes
	External plant such as generators, air conditioning plant and the like, should be enclosed to minimise noise nuisance and located away from residences.	None proposed.	n/a
	External and security lighting should be directed and shielded to avoid light spillage to adjoining residential areas.	No lighting proposed that is directed at residential receivers. This is recommended to be reinforced via conditions.	n/a
	Driveways should be arranged or screened to avoid headlight glare on residential windows.	Properties opposite the driveway are industrial uses and would not be impacted by headlight glare.	Yes
3.5.3.8	Office space ancillary to the industrial use is permissible with consent, subject to satisfaction of the following matters: · That the office component of a proposed development is ancillary to the functions carried out in the factory, warehouse or other industrial use. · That the office area is not leased to a separate company or entity. · That parking facilities are adequate to cater for the size of the office development.	The caretaker’s residence incorporates an office and showroom for display purposes only to promote the pre-fabricated structures/sheds. The proposal does not include any retailing. The proposed caretaker’s residence, office and showroom are ancillary uses to the primary industrial use and are not proposed to be separately leased. Conditions are recommended to reinforce that it is not to be used as a separate business. Parking calculations for the development have accounted for the ancillary components.	Yes
3.5.3.9	The site should be serviced by reticulated water (and dual reticulation where this is available), sewer and telecommunications.	Yes	Yes
3.5.3.10	Garbage storage areas are not visible from a public place.	Garbage is capable of being stored out of public view. Condition recommended confirming this requirement.	Yes
3.5.3.11	Stormwater management strategy prepared.	Conditions recommended to be imposed to address stormwater management.
3.5.3.11	Rainwater tank and dual reticulation for non-potable uses on the site.	Rainwater tank proposed. Dual reticulation not available to the site.	Yes

*DCP 2013: General Provisions*
DCP Objective	Development Provisions	Proposed	Complies
2.7.2.2	Design addresses generic principles of Crime Prevention Through Environmental Design guideline: · Casual surveillance and sightlines · Land use mix and activity generators · Definition of use and ownership · Lighting · Way finding · Predictable routes and entrapment locations	The proposed development will be unlikely to create any concealment/entrapment areas or crime spots that would result in any identifiable loss of safety or reduction of security in the immediate area. The caretaker’s residence provides supervision and casual surveillance of the site.	Yes
2.3.3.1	Cut and fill 1.0m max. 1m outside the perimeter of the external building walls	Cut of up to 2m proposed more than 1m outside the external wall. Considered acceptable having regard to the scale of the building. Conditions recommended requiring engineering certification of the proposed retaining wall and detailed design of stormwater drainage.	No, but acceptable Variation sought below.
2.3.3.2	1m max. height retaining walls along road frontages	None proposed.	Yes
2.3.3.2	Any retaining wall >1.0 in height to be certified by structural engineer	Max retaining proposed 2.0m adjacent the northern boundary. Condition recommended confirming this requirement.	Yes
2.3.3.8 onwards	Removal of hollow bearing trees	None proposed to be removed.	Yes
2.6.3.1	Tree removal (3m or higher with 100mm diameter trunk and 3m outside dwelling footprint	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. Existing accesses rationalised or removed where practical	Access to Production Drive.	Yes
2.5.3.2	Driveway crossing/s minimal in number and width including maximising street parking.	Single crossing of acceptable width.	Yes
2.5.3.3	Off-street parking in accordance with Table 2.5.1. Industry: 1 space per 70m2 gross floor area Office: 1 space per 30m2 Storage: 1 space per 100m2 Reduction possible if supported by parking demand study.	Proposal includes: Industrial workspace: 478m² GFA. Storage: 444m² GFA. Showroom: 1 Managers Residence: 1 Therefore, parking requirements are: Industrial workspace: - 6.8 (7) Storage: - 4.4 (5) Showroom: - 1.0 Managers Residence: - 1.0 Total Required: - 14 spaces The overall parking demand of the development is therefore 14 spaces. The submitted plan identifies 14 parking spaces, including a shared space, and complies with the minimum requirement.	Yes
2.5.3.7	Customer parking to be easily accessible.	Parking at front of the site and easily accessible.	Yes
2.5.3.7	Parking in accordance with AS 2890.1.	Capable of complying. Certification of compliance required prior to Construction Certificate and Occupation Certificate.	Yes
2.5.3.8	Aged and disabled persons and persons wheeling prams or trolleys are provided with suitable access and parking in accordance with AS 2890.1 and AS 2890.2.	One accessible parking space proposed.	Yes
2.5.3.9	Bicycle and motorcycle parking considered and designed generally in accordance with the principles of AS 2890.3	Motorcycles can utilise car spaces and area exists onsite to cater for informal bicycle spaces.	Yes
2.5.3.10	Parking concessions possible for conservation of heritage items	No heritage exists onsite.	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	Appropriate perimeter landscaping proposed.	Yes
2.5.3.14	Sealed driveway surfaces unless justified	Condition recommended confirming requirement for sealed surface.	Yes
2.5.3.15	Driveway grades for first 6m of ‘parking area’ shall be 5% grade (Note AS/NZS 2890.1 permits steeper grades)	Capable of complying. Details to be submitted with CC/S138 applications.	Yes
2.5.3.16	Transitional grades min. 2m length	Capable of complying. Details to be submitted with CC/S138 applications.	Yes
2.5.3.17	Parking areas to be designed to avoid concentrations of water runoff on the surface.	Stormwater management plan to be submitted prior to the issue of a Construction Certificate.	Yes
2.5.3.17	No direct discharge to K&G or swale drain	Development required to be connected to the piped drainage in Production Place. Stormwater management plan to be submitted prior to the issue of a Construction Certificate.	Yes
2.5.3.19	Off street commercial vehicles facilities are provided in accordance with AS/NZS 2890.2	Capable of complying.	Yes
	Loading bays will be provided in accordance with the following requirements; · Minimum dimensions to be 3.5m wide x 6m long. (This may increase according to the size and type of vehicle). · Vertical clearance shall be a minimum of 5m. · Adequate provision shall be made on-site for the loading, unloading and manoeuvring of delivery vehicles in an area separate from any customer car parking area. · A limited number of ‘employee only’ car parking spaces may be combined with loading facilities. · Loading areas shall be designed to accommodate appropriate turning paths for the maximum design vehicle using the site. · Vehicles are to be capable of manoeuvring in and out of docks without causing conflict with other street or on-site traffic. · Vehicles are to stand wholly within the site during such operations.	73m² loading bay proposed, approximately 16m x 6m. The submitted plans demonstrate that delivery vehicles are able to manoeuvre within the site and exit driving forwards.	Yes
	Other commercial development shall provide one loading bay for the first 1,000m² floor space and one additional bay for each additional 2,000m².	One loading bay proposed.	Yes
2.5.3.20	The location and design of loading bays should integrate into the overall design of the building and car parking areas.	Satisfactory integration.	Yes
2.5.3.20	Where visible from the public domain, loading bays are located behind the building.	Loading bay will be visible from the public road, but is enclosed with a roller door. Landscaping in the site frontage would also screen the loading area to some extent. Considered acceptable.	Yes
2.5.3.21	Plans to confirm vehicular access, circulation and manoeuvring in accordance with AUSTROADS and AS 2890.	Submitted plans demonstrate that satisfactory circulation and manoeuvring areas are available.	Yes
	Adequate area provided for loading/unloading and manoeuvring of B-Doubles where access is available from approved B-Double routes.	B-Double access not proposed. Proposal is for 1 industrial shed, and it is unlikely that B-doubles will utilise the site.	n/a
	Ingress and egress in a forward direction.	Site allows ingress and egress of vehicles in a forward direction.	Yes
	Driveways >6m from tangent point of kerb radius and >1.5m from common side boundary with another lot.	Driveway design acceptable.	Yes
	Driveways not located within intersection or restricted areas, and adequate sight distance available.	Driveway location acceptable.	Yes

*DCP 2013: Dwellings, Dual occupancies, Dwelling houses, Multi dwelling houses & Ancillary development*
	Requirements	Proposed	Complies
3.2.2.2	Front setback (Residential not R5 zone): · Min. 6.0m classified road · Min. 4.5m local road or within 20% of adjoining dwelling if on corner lot · Min. 3.0m secondary road Min. 2.0m Laneway	Minimum 17.3m front setback to caretaker’s residence.	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	First floor setback minimum 3m.	Yes
3.2.2.6	35m2 min. private open space area including a useable 4x4m min. area which has 5% max. Grade and directly accessible from ground floor living area.	Proposed caretaker’s residence is located at ground floor level and has a private open space of approximately 37m² and is therefore considered acceptable for the proposed use. The on-site manager to provide 24/7 surveillance of the open storage area and premises generally. It should be noted that the office/managers residence is considered ancillary to the primary use of the site.	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	Privacy adequately addressed through building design and separation. Primary living spaces located on the ground floor, with site boundaries fenced at 1.8m high and site landscaping proposed.	Yes

The proposal seeks to vary Development Provision Clause 2.3.3.1 relating to maximum recommended cut levels outside the building.

The relevant objectives are: To ensure that design of any building or structure integrates with the topography of the land to:

· Minimise the extent of site disturbance caused by excessive cut and fill to the site.

· Ensure there is no damage or instability to adjoining properties caused by excavation or filling.

· Ensure that there is no adverse alteration to the drainage of adjoining properties.

· Ensure the privacy of adjoining dwellings and private open space are protected.

· Ensure that adequate stormwater drainage is provided around the perimeter of buildings and that overflow paths are provided.

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

· The subject site has an approximate 3.5m fall from north to south. The proposed cut is required to achieve compliant grades for vehicle access and car parking.

· The proposal includes the construction of a retaining wall of varying heights with the maximum height being 2.0m adjacent the northern boundary. This has been reviewed by Council’s engineering staff and conditioned for engineering certification taking note of any potential risk to neighbouring properties.

· The proposal incorporates stormwater drainage measures via a stormwater drainage plan which has been reviewed by Council’s Engineering staff and conditions recommended accordingly.

Based on the above assessment, the variations proposed to the provisions of the DCP are considered acceptable and the relevant objectives have been satisfied. Cumulatively, the variations do not amount to an adverse impact or a significance that would warrant refusal of the application.

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

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

iv) Any matters prescribed by the Regulations

None prescribed.

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

Context and Setting

The site has a general easterly street frontage orientation to Production Drive. The site is located within an industrial area that will eventually be surrounded by similar industrial uses and adjoining the site to the north, east, south and west are further IN1 General Industrial zoned premises of a similar building type.

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

· 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 and tenancy is existing.

Roads, Traffic and Transport

The proposal has frontage to Production Drive. Production Drive is a sealed public local road under the care and control of Council. The proposal will be unlikely to have any adverse impacts within the immediate locality in terms access, transport and traffic. The existing road network will satisfactorily cater for any potential increase in traffic generation as a result of the development.

Vehicle access to Lot 2 is proposed via a driveway location fronting Production Drive.

Parking and Manoeuvring

A total of 14 parking spaces have been provided on-site. Parking and driveway widths on site can comply with relevant Australian Standards (AS 2890) and conditions have been imposed to reflect these requirements.

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

Refer to relevant recommended conditions of consent.

Water Supply Connection

Council records indicate that the development site has an existing sealed water service from the 150 DICL water main on the same side of Bago Road. Each proposed unit requires an individual metered water service. Final water service sizing will need to be determined by a hydraulic consultant to suit the domestic and commercial components of the development, as well as fire service and backflow protection requirements in accordance with AS3500.

Detailed plans will be required to be submitted for assessment with the S.68 application. Refer to relevant recommended conditions of consent.

Sewer Connection

Council records indicate that the development site is connected to sewer via junction to the existing sewer line that runs along the southern property boundary. The site may discharge all sewage to this existing point of connection. Details are to be shown on the engineering plans.

Detailed plans will be required to be submitted for assessment with the S.68 application. Refer to relevant recommended conditions of consent.

Stormwater

The site naturally grades towards the Production Drive street frontage and is currently un-serviced. Along the street frontage within the road reserve there is the existing public piped system.

The legal point of discharge for the proposed development is defined as a direct connection to Council’s stormwater pipeline within Production Drive.

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

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

· The design is to make provision for the natural flow of stormwater runoff from uphill/upstream properties and lands. The design must include the collection of such waters and discharge to the Councils drainage system.

· Connection into the existing kerb inlet pit is to be at an angle greater than 45 degrees from the existing pipeline alignment, if this cannot be achieved an extension of the existing system will be required to allow suitable connection of the development site to the piped public system.

Refer to relevant recommended conditions of consent.

Other Utilities

Telecommunication and electricity services are available to the site.

Heritage

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

Other land resources

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

Water cycle

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

Soils

Air and microclimate

Flora and fauna

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 or Section J of the Building Code of Australia. No adverse impacts anticipated.

Noise and vibration

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

Bushfire

The site is identified as being bushfire prone.

The Applicant has submitted a bushfire BAL certificate for the caretaker’s dwelling prepared by a Certified Consultant.

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 19 shall be required.

Safety, security and crime prevention

Social impacts in the locality

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

Economic impact in the locality

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

Site design and internal design

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

Construction

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

Cumulative Impacts

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

(c) The suitability of the site for the development

The 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.

(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 and comments in response to these issues are provided as follows:

Submission Issue/Summary	Planning Comment/Response
Adjacent property zone of influence and impacts of proposed works on neighbouring properties.	Council’s engineers have reviewed the proposal and have addressed the concerns through conditions. Condition B3 requires detailed plans for retaining walls to be submitted prior to issue of Construction Certificate. Condition B39 regards earthworks and requires detailed drawings and specifications to be prepared by a professional engineer prior to issue of Construction Certificate. Condition D11 requires earthworks to be supported during construction.
Impacts of stormwater from upstream properties.	A detailed site stormwater management plan will be required to be submitted for assessment with the S.68 application and prior to the issue of a Construction Certificate. Condition B072 regards stormwater and requires detail design to be submitted and approved by Council prior to the issue of Construction Certificate. This condition also references the need for approved provisions for collection and discharge of natural flow of stormwater runoff from uphill/upstream properties/lands.

Submission Issue/Summary

Planning Comment/Response

Adjacent property zone of influence and impacts of proposed works on neighbouring properties.

Council’s engineers have reviewed the proposal and have addressed the concerns through conditions.

Condition B3 requires detailed plans for retaining walls to be submitted prior to issue of Construction Certificate.

Condition B39 regards earthworks and requires detailed drawings and specifications to be prepared by a professional engineer prior to issue of Construction Certificate.

Condition D11 requires earthworks to be supported during construction.

Impacts of stormwater from upstream properties.

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

Condition B072 regards stormwater and requires detail design to be submitted and approved by Council prior to the issue of Construction Certificate.

This condition also references the need for approved provisions for collection and discharge of natural flow of stormwater runoff from uphill/upstream properties/lands.

(e) The Public Interest

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

4. DEVELOPMENT CONTRIBUTIONS APPLICABLE

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

· Development contributions will be required under Section 7.12 of the Environmental Planning and Assessment Act 1979.

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 - 254.1 Recommended conditions

2 View. DA2019 - 254.1 Plans

3 View. DA2019 - 254 - Contributions estimate

Member	22/05/19	12/06/19	24/07/19	28/08/19	11/09/19	25/09/19
Paul Drake	P	P	P	P	P	P
Robert Hussey	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	A 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.